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Parliament may be evaded, every such person shall, whether Smuggling. the offer be accepted or performed or not, forfeit the sum of

five hundred pounds.

Officer's Duty in Searching, and Penalty for undue Search.

6 Geo. 4, c. 108.

6 Geo. 4, c. 108.

them before a

Sect. XXXVII. And be it further enacted, That before Officers, before any person shall be searched by any such officer as aforesaid, searching perit shall be lawful for such person to require such officer to sons, to take take him or her before any justice of the peace, or before the justice, colcollector, comptroller or other superior officer of customs, who lector or compshall determine whether there is reasonable grounds to suppose troller of custhat such person has any uncustomed or prohibited goods toms, if required, who about his or her person; and if it shall appear to such justice, direct may the search, or collector, comptroller or other superior officer of customs, that discharge such there is reasonable ground to suppose that such person has persons. any uncustomed or prohibited goods about his or her person, that then such justice, collector, comptroller or other superior officer of customs shall direct such person to be searched in such manner as he shall think fit; but if it shall appear to such justice, collector, comptroller or other superior officer of customs, that there is not reasonable ground to suppose that such person has any uncustomed or prohibited goods about his or her person, that then such justice, collector, comptroller or other superior officer of customs, shall forthwith discharge such person, who shall not in such case be liable to be searched; and every such officer as aforesaid is hereby authorised and required to take such person, upon demand, before any such justice, collector, comptroller or other superior officer of customs, detaining him or her in the meantime : Provided always, that no person, being a female, so directed to be searched, shall be searched by any other person than a female duly authorized for that purpose by the Commissioners of his Majesty's Customs.

Sect. XXXVIII. And be it further enacted, That if any Penalty on offisuch officer shall not take such person with reasonable dis- cer not taking patch before such justice, collector, comptroller or other suspected per

supe

sons before ma- rior officer of customs, when so required, or shall require any gistrate with dis- person to be searched by him, not having reasonable ground pach, or requirto suppose that such person has any uncustomed or probibited goods about his or her person, that such officer shall forfeit and pay the sum of ten pounds.

ing to search

without reasonable ground.

6 Geo. 4, c. 108.

Goods stopped by police officers may be retained until trial of persons charged with stealing them.

6 Geó. 4, c. 108. Persons liable to be arrested, and making

Neglect of Officers to convey Goods seized to the Custom-house. 6 Geo. 4, c. 108.

Sect. XLIII. And be it further enacted, That if any such goods shall be stopped or taken by such police officer, on suspicion that the same have been feloniously stolen, it shall be lawful for the said officer to carry the same to the police office to which the offender is taken, there to remain until and in order to be produced at the trial of the said offender; and in such case the officer is required to give notice in writing to the commissioners of his Majesty's customs of his having so detained the said goods, with the particulars of the same, and immediately after the trial all such goods are to be conveyed and deposited in the custom-house warehouse as aforesaid, to be proceeded against according to law; and in case any police officer, making detention of any such goods, shall neglect to convey the same to such warehouse, or to give the notice of having stopped the same as before described, such officer shall forfeit the sum of twenty pounds.

Note. We now proceed to give the sections which contain the mode of proceeding against persons guilty of offences against the revenue, in respect of contraband goods, &c.

Detention of Offenders escaping.

6 Geo. 4, c. 108.

Sect. LI. And be it further enacted, That if any person or persons liable to be arrested and detained under the provisions of this or any other Act relating to the revenue of customs, shall not be detained at the time of so committing the offence detained by any for which he or they is or are so liable, or after detention shall

escape, may afterwards be

Smuggling.

6 Geo. 4, c. 108.

make his or their escape, it shall and may be lawful for any officer of the army, navy or marines, being duly authorized and on full pay, or any officer of customs or excise, or any other person acting in his or their aid or assistance, or duly officer of the employed under such officer, to stop, arrest and detain such customs, &c. person so liable to detention as aforesaid, at any time afterwards, and to carry him before two justices of the peace, to be dealt with as if detained at the time of committing the said offence.

Recovery of Penalties and Forfeitures.

6 Geo. 4, c. 108.

6 Geo. 4, c. 108.

to be sued for

Sect. LXXIII. And be it further enacted, That all penalties Penalties and and forfeitures incurred or imposed by this or any other Act forfeitures, how relating to the revenue of customs, shall and may be sued for, prosecuted and recovered by action of debt, bill, plaint or information in any of his Majesty's courts of record at Westminster, or in the courts of exchequer in Scotland, or in Dublin, or in the royal courts of the islands of Guernsey, Jersey, Alderney, Sark or Man, in the name of his Majesty's attorneygeneral, or in the name or names of some officer or officers of his Majesty's customs, or by information before any two or more of his Majesty's justices of the peace in the united kingdom, or before any governor, deputy-governor or deemster in the Isle of Man : Provided always, that all the powers vested in any justices of the peace by virtue of this Act, shall be and the same are hereby vested in the commissioners or assistant commissioners of his Majesty's customs in and for Ireland, or any two of them, and the sub-commissioners lawfully appointed in Ireland to hear and determine complaints and informations for the recovery of any fine, penalty or forfeiture imposed by this or any other Act relating to the revenue of customs, or any three or more of such sub-commissioners, so far as regards any offences committed in Ireland against this or any other Act relating to the revenue of customs.

Smuggling.

6 Geo. 4, c. 108.

to the hearing and conviction.

Justices to summon the Accused, &c.

6 Geo. 4, c. 108.

Justices to sumSect. LXXV. And be it further enacted, That in cases mon party accu- where any information shall be exhibited before two or more sed, and in de- justices of the peace, or governor, deputy governor or deemster fault of appear of the Isle of Man, for the recovery of any penalty under this ance to proceed or any other Act relating to the revenue of customs (except as is hereinafter otherwise provided for,) it shall and may be lawful for the said justices, or governor, deputy governor or deemster of the Isle of Man, and he or they is or are hereby authorized and required to summon the party accused, and upon his, her or their appearance or default, to proceed to the examination of the matter, and upon due proof thereof, either upon the voluntary confession of such party, or upon the oath of one or more credible witness or witnesses (which oath the said justices, or governor, deputy governor or deemster of the Isle of Man, is and are hereby empowered to administer,) to convict the offender or offenders in the said penalty or penal ties; and in case of the nonpayment thereof, the said justices, or governor, deputy governor or deemster of the Isle of Man, is and are hereby authorized and required to cause the same, by warrant of distress and sale under their hands and seals, to be levied upon the goods and chattels of the said offender or offenders, (or in case it shall appear to such justices, or gover. nor, deputy governor or deemster of the Isle of Man, either upon the confession of such offender or offenders, or other wise, that such offender or offenders, has or have not sufficient goods and chattels whereon to levy the said penalty or penalties, it shall be lawful for such justices, or governor, deputy governor or deemster of the Isle of Man, in default of sufficient distress,) to commit such offender or offenders to any of his Majesty's gaols in the county where the offence shall have arisen, or wherein the offender or offenders shall have been found, there to remain until the penalty or penalties shall be paid: Provided always, that when any person or persons shall

Smuggling.

have been committed by any justices, or governor, deputy governor or deemster of the Isle of Man, to any prison for the nonpayment of such penalty, or in default of distress, it shall 6 Geo. 4, c. 108. be lawful for the gaoler or keeper of such prison, and he is hereby required to discharge such person at the end of six calendar months from the date of such warrant by which the said person is committed to his custody, and he or they shall be wholly discharged from the payment of such penalty or penalties.

By sect. 76, justices are empowered to mitigate, except in certain cases (see post, sect. 80,) provided the sum mitigated be not less than one fourth of the penalty.

By sect. 77, informations must be brought within six months.

Justices may remand as well before as after Information.

6 Geo. 4, c. 108.

6 Geo. 4, c. 108. Sect. LXXXIII. And whereas it is expedient that time Persons arrested should be allowed to prepare informations, convictions and for certain offenwarrants of commitment; be it declared and enacted, That ces may be detained by order where any person or persons shall have been arrested and of justices. detained by any officer or officers of the army, navy or ma rines, being duly authorized and on full pay, or any officer of customs or excise, or any person or persons acting in his or their aid or assistance, or duly employed for the prevention of smuggling, for any offence under this or any other Act relating to the revenue of customs, and shall have been taken and carried before any two justices of the peace to be dealt with according to law, if it shall appear to such justices that there is reasonable cause to detain such person or persons, such justices may, and they are hereby anthorized to order such person or persons to be detained a reasonable time, as well before as after any information has been exhibited against such party; and at the expiration of such time, such justices may proceed finally to hear and determine the matter.

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