more credible witness or witnesses, to convict such person of any such offence: and every such person so convicted shall, immediately upon such conviction, pay into the hands of such justices, for the use of his Majesty, the penalty of 100l. without any mitigation whatever, for any such offence of which he shall be so convicted as aforesaid; or in default thereof the said justices shall be authorised and required, by warrant under their hands and seals, to commit such person so convicted, and making such default to any gaol or prison, there to remain until such penalty be paid: provided, that if the person convicted of such offence or offences be a seafaring man, and fit and able to serve in his Majesty's naval service, and shall not prove that he is not a subject of his Majesty, it shall be lawful for any such justices, and they are hereby required, in lieu of such penalty, to order any officer of the army, navy, or marine, employed for the prevention of smuggling, and on full pay, or any officer of customs or excise, to carry or convey, or cause to be carried or conveyed, such person on board any of his Majesty's ships, in order to his serving in the naval service for the term of 5 years; and if such person shall at any time within that period escape or desert from such custody or service, he shall be liable at any time afterwards to be again arrested and detained, and delivered over to complete his service of 5 years; provided also, that if it shall be made to appear to any such justices that convenient arrangement cannot be made at the time of the conviction of the said party for immediately carrying or conveying such seafaring man so convicted on board any of his Majesty's ships, it shall be lawful for such justices to commit such convicted seafaring man to any prison or gaol, there to remain in safe custody for any period not exceeding I month, that time may be given to make arrangements for conveying him to one of H. M. ships; provided also, that the commissioners of the treasury, or any 3 or more of them, shall have full power to remit or mitigate any such penalty, punishment, or service, whether the parties be seafaring men or otherwise. -Sect. 85.

Justices may amend Informations.-If any person shall be proceeded against under this or any other act relating to the customs or excise, and the information exhibited against such person shall charge him as being a seafaring man, and fit and able to serve his Majesty in his naval service, and it shall appear to the justices before whom such person is brought that he is guilty of the offence with which he is charged, but that he is not fit for the naval service, then and in such case it shall be lawful for such justices, and they are hereby required, to amend such information accordingly, and to convict such person in the penalty of 1001. as if proceeded against as not being a seafaring man or fit for the naval service.-Sect. 86.

If Persons convicted, and sent on board H. M. Ships, be found unfit, they may be again conveyed before Magistrates, and convicted in the Penalty of 1001. If any person so convicted as a seafaring man, and carried on board any ship of war, shall, on examination by any surgeon or surgeons of H. M. navy, within 1 month after being so carried on board, be deemed to be unfit, and shall be refused on that account to be received into H. M. service, such person shall, as soon as convenient, be conveyed before any justice of the peace, and upon proof that he has been refused to be received on board any of H. M. ships as unfit for H. M. service, such justice shall, and he is hereby authorised and required to call upon the said person to pay the penalty of 1001. without hearing any evidence other than such proof as last aforesaid; and in default of immediate payment of the same to the said justice, for the use of his Majesty, to commit the said person to any gaol or prison till such penalty be paid: provided always, that no person so convicted, and ordered to serve on board any of H. M. ships, shall be sent away from the U. K. on board such ship in less than 1 month from the date of such conviction.

Sect. 87.

As to Jurisdiction in Boroughs.-Where any offence against this or any other customs act shall be committed in any city, borough, liberty, division, franchise, or town corporate, any justice of said city, borough, &c. and any justices of any county in which such city, borough, &c. is situated, shall have jurisdiction to hear and determine upon the same.-Sect. 88.

Magistrate of an adjoining County may act with One of the County where Offence committed.-Where the attendance of 2 magistrates having jurisdiction in the county where the offence is com mitted cannot be conveniently obtained, a magistrate of any adjoining County, with 1 magistrate of the county in which the offence was committed, may hear and determine any information exhibited before them, and have the same powers and authorities in all respects as to any proceeding had under any act relating to the customs, as if they were both magistrates for the county in which the offence was com mitted.-Sect. 89.

Penalties, &c. to be paid to Commissioners of Customs, &c.-All penalties and forfeitures which may be recovered before any justices of the peace under this or any other act relating to the customs or ex. cise, or any prosecution by order of the commissioners of customs, shall be paid to said commissioners of customs, and on any prosecu tion by order of the commissioners of excise shall be paid to said com. missioners of excise, or to the person appointed by them respectively to receive the same; and such penalties and forfeitures shall be applied by the said commissioners respectively in such manner as the law directs, any thing contained in an act passed in the 3 Geo. 4. c. 55., intituled "An Act for the more effectual Administration of the Office of a Justice of the Peace in and near the Metropolis, and for the more effectual Prevention of Depredations on the River Thames and its Vicinity, for Seven Years," or any other act now in force or hereafter to be male, to the contrary in any wise notwithstanding.-Sect. 94. Capias may issue against Persons sued under this Act, who are to give Bail.-Whenever penalty shall be sued for as aforesaid by information against any person in any court of record at Westminster, Dublin, or Edinburgh, a capias may thereupon issue as the first process, specifying the amount of the penalty sued for; and such person against whom such capias shall issue shall be obliged to give suffi cient bail or security by natural born subjects or denizens, to the person or persous to whom such capias shall be directed, to appear in the court out of which such capias shall issue, at the day of the return of such writ, to answer such suit and prosecution, and shall likewise at the time of such appearing give sufficient bail or security, by such persons as aforesaid, in the said court, to answer aud pay all the forfeitures and penalties incurred for such offence or offences in case he, she, or they shall be convicted thereof, or to yield his, her, or their body or bodies to prison.-Sect. 95.

Persons in Gaol not appearing or pleading to the Information, Judgment may be entered by Default.-If any person against whom a capias shall issue out of any court of record shall be arrested upon such capias, and taken to prison for want of sufficient bail, a copy of the information exhibited against such person shall be served upon him or her in gaol, or delivered to 'he gaoler, keeper, or turnkey of the prison in which such person shall be confined; and if such person shall neglect or refuse to appear or plead to the said information for the space of 20 days, judgment shall be entered by default; and in case judgment shall be obtained against any such person or persons by default, verdict, or otherwise, and he or they shall not pay the sum recovered for his or their offence, execution shall be issued, not only against the body or bodies of the person or persons, but against all their real and personal estates, for the sum, or sums recovered against him, her, or them.--Sect. 96.

Persons not worth 51. may defend Suits in forma pauperis.-In case any person arrested and imprisoned by virtue of any writ of capias shall make affidavit before the court where the information is brought, or before any other person commissioned to take affidavits in such court, that he or she is not worth, over and above his or her wearing apparel, the sum of 51. (which affidavit the judge or judges of such court, and such person so commissioned, is authorised and required to take,) and such person shall petition such court to defend himself or herself in forma pauperis, then the judge or judges of such court shall, according to their discretion, admit such person to defend himself or herself against such information in the same manner and with the same privileges as they are by law directed and authorised to admit poor subjects to commence actions for the recovery of their rights; and for that end and purpose the judges of such courts shall assign counsel learned in the law, and appoint an attor ney and clerk, to advise and carry on any legal defence that such person can make against such action or information, and which said counsel, attorney, and clerk, is and are hereby required to give his and their advice and assistance to such person, and to do their duties without fee or reward.-Sect. 97.

Sheriff to grant special Warrant on Writ of Capias.-Where any writ of cupias or other process shall issue out of any court, directed to any sheriff, mayor, bailiff, or other person having the execution of process in any county, city, or liberty, against any person guilty of any offence against this or any act relating to the customs, every such sheriff, mayor, or bailiff, and other persons having execution of process as aforesaid, and their under sheriffs, deputies, and other persons acting for them, shall and are hereby enjoined and required, upon the request or application of the solicitor for the customs, (such request to be in writing, and indorsed upon the back of the said process, and signed by such solicitor with his name, and addition of solicitor for the customs,) to grant a special warrant or warrants to the person or persons nanied to them by such solicitor, for apprehending such offender or offenders; or in default thereof every such sheriff, mayor, &c. acting in said office or offices shall be subject to such process of contempt, fines, &c. as they or any of them are now by any law, custom, or usage liable to in case of refusing or neglecting to execute the like process where the defendant might have been taken in the common and usual method of proceeding.-Sect. 98. Sheriff indemnified from Escapes.-All and every such sheriff, mayor, bailiff, under-sheriff, and other persons so granting or making out such special warrant as aforesaid, are hereby indemnified against his Majesty, his heirs and successors, and against all and every other person whomsoever, of and from all escapes of any person or persons taken by virtue of any such warrant as aforesaid, which shall happen from the time of taking such offender or offenders till he, she, or they be committed to the proper gaol or prison, or offered and tendered to the gaol-keeper, or other person having charge of such gaol or prison, (who is hereby enjoined and required to receive every such

Informations, &c to be in the Form given in the Schedule. -All information before justices of the peace for any offences committed against this or any other act relating to the customs, and all convictions for such offences, and warrants of justices of the peace founded upon such convictions, shall be in the form or to the effect in the schedule to this act annexed.-Sect. 91,

Informations, &c. deemed valid if Offence is set forth in the Words of the Act.-Every information for any penalty or forfeiture, and every conviction or warrant of commitment for any penalty, shall be deemed valid and sufficient, in which the offence for which such penalty shall have been inflicted, or the cause of such forfeiture, is set forth in the words of this act.-Sect. 92.

Powers of Justices to be exercised by Governors or Deemsters of the Isle of Man-All the powers vested in any justices or justice of the peace by virtue of this act are hereby vested in and may be exercised, in the Isle of Man, by any governor, deputy governor, or deem. ster of the Isle of Man, so far as regards offences committed against or penalties or forfeitures incurred by this or any other act relating to the customs.-Sect. 93.

bodies,) and of and from all actions, prosecutions, process of contempt, and other proceedings for or by reason of such escape, any law, custom, or usage to the contrary notwithstanding.-Sect. 99.

No Claim or Appearance to be entered unless in the Name of the Owner. No claim shall be permitted to be entered to, and no appearance shall be permitted to be entered to, any information filed for the forfeiture of any vessel, boat, or goods seized for any cause of forfeiture, and returned into any court of record, unless such claim or appearance is entered in the true and real name or names of the owner or owners, proprietor or proprietors of such vessel, boat, or goods. describing the place of residence and the business or profession of such person or persons, and if such person or persons shall reside at London, Edinburgh, or Dublin, or within the liberties thereof, oath shall be made by him, her, or them before 1 of the judges of the court into which the said vessel, boat, or goods are returned, or in which such information is filed, that the said vessel, boat, or goods was or were really and truly the property of him, her, or them at the time of such seizure; but if such person or persons shall not be resi dent in London, Edinburgh, or Dublin, or the liberties thereof, then and in such case oath shall be made in like manner by the agent c

attorney or solicitor by whom such claim or appearance shall be entered, that he has full power and legal authority and directions from such owners or proprietor to enter such claim or appearance, and that to the best of his knowledge and belief such vessel, boat, or goods were, at the time of the seizure thereof, bona fide and truly the real property of the person or persons in whose name or names such claim or appearance is entered; and on failure thereof, the vessel, boat, or goods shall be absolutely condemned, and judgment shall be entered thereon by default, in the same manner as if no claim or ap pearance had been entered thereto; and every person who shall be convicted of making or taking a false oath to any of the facts hereinbefore directed or required to be sworn shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.--Sect. 100. Owners to give Security for Costs. Upon the entry of any claim to any boat or vessel, or to any goods, seized for any cause of for feiture, or of any appearance to any information filed for such forfeiture, the person or persons who enter the claim or appearance as the owner or proprietor thereof, (in case such claimant shall reside in the U. K.) shall be bound, with 2 other sufficient sureties, in the penalty of 1001. to answer and pay the costs occasioned by such claim or appearance; and if such owner or proprietor shall not reside in the U. K., then the attorney or solicitor by whose direction such claim. shall be entered, shall be bound, with two other sufficient sureties, in the like penalty, to answer and pay the costs occasioned by such claim or appearance.-Sect. 101.

If Suit brought on account of Seizure, and Judge certify there was probable Cause, Plaintiff to have 2d. Damages, without Costs.-In case any information or suit be commenced or brought to trial on account of the seizure of any vessel, boat, or goods, merchandise, or commodities whatsoever, or any horses or other animals, or any car. riage, seized as forfeited by this or any act relating to the customs, wherein a verdict shall be found for the claimant thereof, and it shali appear to the judge or court before whom the same is tried, that there was a probable cause of seizure, such judge or court shall certify in the record that there was such probable cause, and in such case the person who made such seizure shall not be liable to any action, in dictment, or other suit or prosecution on account of such seizure; and in case any action, indictment, or other suit or prosecution shall be commenced, and brought to trial against any person or persons what soever, on account of any such seizure as atoresaid, wherein a verdict shall be given against the defendant or defendants, if the court or judge before whom such information or suit be tried shall have certified that there was a probable cause for such seizure, then the plaintiff, besides the things seized, or the value thereof, shall not be entitled to above 2d damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above Is.-Sect. 102.

No Process to be sued out against any Officer, until 1 Calendar Month after Notice.--No writ shall be sued out against, nor a copy of any process served upon, any officer of the army, navy, marines, customs, or excise, or against any person acting under the direction of the commissioners of customs, for any thing done in the execu tion of or by reason of his office, until I calendar month next after notice in writing has been delivered to him, or left at his usual place of abode, by the attorney or agent for the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained the cause of action, the name and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent; and a fee of 20s. shall be paid for preparing or serving every such notice, and no more.-Sect. 103.

No evidence to be adduced but what is contained in the Notice.No plaintiff in any case where an action shall be grounded on any act done by the defendant shall be permitted to produce any evidence of the cause of such action, except such as shall be contained in the notice to be given as aforesaid, or shall receive any verdict against such officer or person, unless he prove on the trial of such action that such notice was given; and in default of such proof, the defendant shall receive a verdict and costs.-Sect. 104.

tion or indictment being filed against such person in the said court for such off nce, it shall and may be lawful for such judge to issue his warrant under his hand and seal, and thereby to cause such per son to be apprehended, and brought before him or some other judge of the same court, or before some 1 justice of the peace, in order to his or her being bound, with 2 sufficient sureties, in such sum as in the said warrant shall be expressed, with condition to appear in the said court at the time mentioned in such warrant, and to answer to all and singular indictments or informations for any such offence; and in case any such person shall neglect or refuse to become bound as aforesaid, it shall be lawful for such judge or justice to comm.t such person to the common gaol of the county, city, or place where the offence has been committed, or where he or she shall have been apprehended, to remain until he or she shall become bound, or be discharged by order of the court in term time, or of 1 of the judges of the court in vacation; and the recognizance to be taken shall be returned and fi ed in the said court, and shall continue in force until such person shall be acquitted of such offence, or in case of conviction shall have received judginent for the same, unless sooner ordered by the court to be discharged; and where any person, either by virtue of such warrant of commitment aforesaid, or by virtue of any writ of capias ad respondendum issued out of the said court, is now de tained, or shall be committed to and detained in any gel for waat of bail, it shall be lawful for the prosecutor of such indictment or information to cause a copy thereof to be delivered to such person, or to the gaoler, keeper, or turnkey of the gaol wherein such person is detained, with a notice thereon indorsed, that unless such person shall, within 8 days from the time of such delivery of said copy, cause an appearance and also a plea or demurrer to be entered in court to such indictment or information, an appearance and the plea of Not Guilty will be en'ered thereto in the name of such person; and in case he or she shall, for the space of 8 days after the delivery of a copy of such indictment or information, neglect to cause an ap perance and also a plea or demurrer, to be entered in the said court to such indictment or information, it shall be lawful for the prosecu tor, upon affidavit being made and filed in the court of the delivery of a copy of such indictment or information, with such notice indorsed thereon as aforesaid, to such person or to such gaoler, keeper, or turnkey, as the case may be, which affidavit may be made before any judge or commissioner of the court authorised to take affidavits, to cause an appearance and the plea of Not Guilty to be entered to such indictment or information for such person; and such proceedings shall be had thereupon as if the defendant appeared and pleaded Not Guilty, according to the usual course of the court; and if, upon trial, any defendant so committed and detained be acquitted of all the of fences therein charged upon him or her, it shall be lawful for the judge before whom such trial shall be had, although he may not be one of the judges of the King's Bench, to order that such defendant be discharged out of custody, as to his or her commitment as aforesaid, and such defendant shall be thereupon discharged accordingly.-Sect.

108.

When Recognizance is given, and the Party shall not plead, a Copy of the Information or Indictment may be delivered to his Attorney or Agent.-Where any person arrested by virtue of a warrant issued as aforesaid, enters into a recognizance, and appears in court at the return of the said recognizance, but does not afterwards plead to the information or indictment, it shall be lawful for the prosecutor to cause a copy thereof to be delivered to such person, or to his or her attorney or agent, or to be left at his or her last place of abode, with a notice thereon indorsed, that unless such person shall, within 8 days from the time of such delivery, cause a plea to be entered in court to such information or indictment, the prosecutor will enter a plea of Not Guilty on his or her behalf; and upon affidavit being made and filed in the court of the delivery of a copy of such information or indictment, with notice indorsed thereon as aforesaid, to such person, or to his or her attorney or agent, or at his or her last place of abode, as the case may be, it shall be lawful for the prosecutor to cause the plea of Not Guilty to be entered to such information or indicta ent for such person, and such proceedings shall be had thereupon as if the defendant had pleaded according to the usual course of the said court.

Certain Articles not to be landed until the Dues of the City of London are paid. -If all or any of the goods of the description here. in after mentioned. (that is to say,) firkins of butter, tons of cheese, fish, eggs, salt, fruit, roots eatable, and onions, brought coas: wise into the port of the said city, and which are liable to the said dues, shall be landed or unshipped at or in the said port before a proper certifi cate of the payment of the said duties shall have been obtained, such goo's shall be forfeited. and may be seized by any officer of customs empowered to seize goods landed without due entry; and such ferfeit. ure may be sued for, prosecuted, and recovered by action of debt, bill, plaint, or information in any court of record, at Westminster, in the name of the chamberlain of the said city, on behalf of the mayor, commonalty, and citizens.-Sect. 110.

When Offenders are arrested and give Bail, the Bail Bend to be assigned to his Majesty.-If any person shall be arrested by a writ of capias ad respondendum issuing out of any court of record, or out of any of the superior courts of record of either of the counties pala tine, at the suit of his Majesty, and the sheriff or other officer shall take bail from such person, he shall, at the request and costs of the prosecutor, assign to his Majesty, his heirs and successors, the bail bond taken from such person, by indorsing the same, and attesting it under his hand and seal, in the presence of 2 or more credible wit nesses, which may be done without any stamp, provided the assign ment so indorsed be duly stamped before any suit be commer.ced thereupon; and if such bail bond be forfeited, such process shall thereupon issue as on bonds originally made to his Majesty, his heirs and successors; and the court in which such bail bond is put in suit may give such relief to the defendant or defendants as is agreeable to justice and reason -Sect. 111.

Indictments to be preferred by Order of the Commissioners.-No indictment shall be preferred or suit commenced for the recovery of any penalty or forfeiture under this or any other act relating to the customs or excise (except in the cases of persons detained and carried before 1 or more justices in pursuance of this act) unless such suit be commenced in the name of the attorney general, or of the lord at vocate of Scotland, or unless such indictment be preferred under the direction of the commissioners of customs or excise, or unless such suit be commenced in the name of some officer of customs or excise, under the direction of the said commissioners respectively.Sect. 112,