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Smuggling.

Justices to summon the Accused, 8c.

6 Geo. 4, c. 108. 6 Geo. 4, c. 108. Justices to sum.

Sect. 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 to the hearing or any other Act relating to the revenue of customs (except and conviction. 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 otherwise, 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

have been committed by any justices, or governor, deputy Smuggling. 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.

Bỹ 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 de

tained 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 marines, 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 car. ried 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 bear and determine the matter.

Smuggling

Cases where Justices cannot mitigates

Sending Seafaring Men on board Ships. 6 Geo. 4, c. 108.

6 Geo. 4, c. 108. Persons de- Sect. LXXX. And be it further enacted, That it shall and tained for certain

may be lawful for any two or more justices of the peace, or offences, to pay £. 100., or if'sea- governor, deputy governor or deemster as aforesaid, before faring men, to whom any person liable to be arrested and detained, and who be sent into the shall have been arrested and detained, for being found or disnaval service.

covered to have been on board any vessel or boat liable to forfeiture under this or any other Act relating to the revenue of customs, or for unshipping, carrying, conveying or conceal. ing, or aiding, assisting or being concerned in unshipping, carrying, conveying or concealing any spirits or tobacco liable

forfeiture under this or any such Act, shal be carried, on the confession of such person of such offence, or on proof thereof upon the oaths of one or more credible witness or witnesses, to convict such person of any such offence; and every such person so convicted as aforesaid shall immediately upon such conviction pay into the hands of such justices, or governor, deputy governor or deemster, for the use of his Majestys the penalty of one hundred pounds, without any mitigation whatever, for any such offence of which he shall be so convicted as aforesaid ; or in default thereof the said justices, or governor, deputy governor, or deemster, shall and he and they is and are hereby respectively authorized and required, by warrant under his or their hand and seal or hands and seals, to commit such person so convicted as aforesaid and making such default as aforesaid, to any gaol or prison, there to remain until such penalty shall be paid : Provided, that if the person convicted of any such offence or offences shall be a seaman or seafaring man, and fit and able to serve his Ma. jesty in his naval service, and shall not prove that he is not a subject of his Majesty, it shall and may be lawful for any such justices, or governor, deputy governor or deemster, and he and they is and are hereby required, in lieu of such penalty, by warrant under his or their hand and seal, or hands and

seals, to order any officer of the army, navy or marines, being Smuggling. duly authorized and on full pay, or officer of customs or excise, to carry or convey, or cause to be carried or conveyed, 6 Geo 4, c. 108. such person on board of any of his Majesty's ships, in order to his serving his Majesty in his naval service for the term of five years ; and if such person shall at any time within that period by any means escape or desert from such custody or service respectively, he shall be liable at any time or times afterwards to be again arrested and detained by any officer of the customs, or any other person, and delivered over as afore. said to complete his service of five years ; provided also, that if it shall be made to appear to any such justices, or governor, deputy governor or deemster, that convenient arrangemen, cannot be made at the time of the conviction of the said party, for immediately carrying or conveying such seaman or seafaring man, so convicted as aforesaid, on board any of his Majesty's ships in order to serve his Majesty, it shall and may be lawful for any such justices, or governor, deputy governor or deemster, to commit any such seaman or seafaring man so convicted as aforesaid to any prison or gaol, there to remain in safe custody for any period not exceeding one month, in order that time may be given to make arrangements for so conveying such seaman or seafaring man on board any of his Majesty's ships as aforesaid ; provided also, that the Commissioners of his Majesty's Treasury, or any three or more of them, shall have full power and authority to remit or mitigate any such penalty, punishment or service as aforesaid, whether the parties shall be seafaring men or otherwise.

Sect. LXXXI. And be it further enacted, That if any person If on examina50 convicted as a seaman or a seafaring man, and carried on tion of persons board any of his Majesty's ships of war, shall, one amination convicted and

sent on board by any surgeon or surgeons of his Majesty's navy, within one

his Majesty's week after being so carried on board, be deemed to be unft, ships, they shall and shall be refused on that account to be received into his be found untit, Majesty's service, such person shall, as soon as convenient, to be again conbe conveyed before any two or more justices of the peace, or

veyed before

magistrates and any governor, deputy governor or deemster as aforesaid; and convicted in

1

Smugglinga upon proof that he has been refused to be received on board

any of his Majesty's ships as fit for his Majesty's service, such 6 Geo. 4, c. 108. justices, governor, deputy governor or deemster shall and he penalty of and they is and are hereby authorized and required to call £. 100., and in

upon the said person to pay the penalty of one hundred default of pay, pounds, without hearing any evidence other than such proof ment, to be sent to gaol.

as last aforesaid ; and in default of immediate payment of the same into the hands of the said justices, governor, deputy governor or deemster, for the use of his Majesty, to commit the said person to any gaol or prison, there to remain until such penalty shall be paid : Provided always, that no person so convicted as aforesaid, and ordered to serve on board any of his Majesty's ships, shall be sent away from the united kingdom on board of any such ship in a less time than one month from the date of such conviction.

Mode of pro

Mode of condemning seized Goods. 6 Geo.4, c. 108

6 Geo. 4, c. 108. Sect. LXXIX. And be it further enacted, That in all cases ceeding before of information exhibited before any two or more justices of the justices for condemnation of

peace, or any governor, deputy governor or deemster as aforeseized goods.

said, for the forfeiture of any goods whatsoever, seized under any Act or Acts relating to the revenue of customs, or for the prevention of smuggling, and where the party to whom such goods belonged, or from whom they were seized is known, it shall be lawful for the said justices, or governor, deputy governor or deemster, and he and they is and are hereby authorized and required to summon the said party, and upon his, her, or their appearance or default to proceed to the examination of the matter of fact, and upon due proof that the said goods are liable to forfeiture under this or any Act relating to the revenue of customs, to condemn the said goods; and in case the party from whom the said goods have been seized is not known, it shall and may be lawful for the said justices, or governor, deputy governor or deemster, and or they is and are hereby required to cause public notice to be stuck up in the Royal Exchange if the seizure is made in London, at the Market

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