Smuggling. 6 Geo. 4, c. 108. Persons detained for certain offences, to pay £. 100., orif seafaring men, to be sent into the naval service. Cases where Justices cannot mitigate. 6 Geo. 4, c. 108. Sect. LXXX. And be it further enacted, That shall and may be lawful for any two or more justices of the peace, or governor, deputy governor or deemster as aforesaid, before whom any person liable to be arrested and detained, and who shall have been arrested and detained, for being found or discovered 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 concealing, or aiding, assisting or being concerned in unshipping, carrying, conveying or concealing any spirits or tobacco liable to forfeiture under this or any such Act, shall 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 Majesty, 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 duly authorized and on full pay, or officer of customs or ex Smuggling. cise, 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 Com missioners 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 examinas so 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 unfit, ships, they shall and shall be refused on that account to be received into his be found unfit, 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 Smuggling 6 Geo. 4, c. 108. penalty of £. 100., and in default of payment, to be sent to gaol. 6 Geo. 4, c. 108 Mode of proceeding before justices for condemnation of seized goods. 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 justices, governor, deputy governor or deemster shall and he and they is and are hereby authorized and required to call upon the said person to pay the penalty of one hundred pounds, without hearing any evidence other than such proof 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 condemning seized Goods. 6 Geo. 4, c. 108. Sect. LXXIX. And be it further enacted, That in all cases of information exhibited before any two or more justices of the peace, or any governor, deputy governor or deemster as aforesaid, 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 he 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 Cross if in Edinburgh, and at the Royal Exchange if in Dub. lin, and if the seizure is made at any other place, then a notice Smuggling. shall be publicly read by the public crier at the next market 6 Geo. 4, c. 108. place, stating that the goods have been so seized, and that the hearing relative to the same will take place on a certain day, not being less than eight days from the date of the said notice; and in default of any persons attendance in consequence of the said notice, the said justices, or governor, deputy governor or deemster, are to proceed to the hearing and condemnation of the said goods as aforesaid. By sect. 82, all informations and convictions under this Act must follow the form prescribed by the schedule. SCHEDULES TO WHICH THIS ACT REFERS. No. 1.-Form of Information before Justices of the Peace, where the Party charged is a Subject of His Majesty, and a pecuniary Penalty is inflicted. Be it remembered, That on the County of to wit. j'day of in the year of our Lord A. B., officer of customs, who is directed by the commissioners of his Majesty's customs to prefer this in the year of our Lord [here day of pounds. No. 2.-Form of a Conviction to be used for an Offence against this Act, in Cases where a pecuniary Penalty is inflicted upon the Offender, being a Subject of His Majesty. County of to wit. - BE it remembered, That on the in the year of our Lord Smuggling. an information was exhibited by A. B., officer of customs, before us esquires, two of 6 Geo. 4, c. 108. his Majesty's justices of the peace, against C. D., which said information charged, that the said C. D., on the day of in the year of our Lord [here state the offence as in the information], contrary to the form of pounds. day of [In cases where the magistrates exercise the power of mitigation, add these words] “which said sum of we the said justices do hereby mitigate to the sum of No. 3.-Form of Warrant of Commitment to Gaol for WHEREAS C. D. has been duly convicted before us esquires, two of his Majesty's justices of the peace, of having [state the offence as in the information]: And whereas we the said justices did adjudge that the said C. D. had forfeited for his said offence the sum of pounds (which pounds we the said justices did mitigate to ) (And whereas it appears to us the sum of the sum of said justices, that the said C. D. has not sufficient goods or chattels whereon to levy the said sum of said sum of ) and which pounds has not been paid; these are therefore to require you the said A. B. forthwith to take, carry and convey the said C. D. to the in the at gaoler or keeper of the said do hereby authorize and require you the said E. F., the gaoler C. D. into your custody, and him safely to keep, until he shall |