6. Proceedings assistant commissioners of H. M.'s Customs in and for Ireland, or any two before justices, of them, and the sub-commissioners lawfully appointed in Ireland to hear &c. 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 revenue of the Customs." Proviso as to Offences at sea deemed to have place to which the offender is taken, brought, or carried. (a) But by 10 G. IV. c. 43, s. 2 & 3. The jurisdiction of local boards of Customs in Ireland, and of sub-commissions, was in certain cases repeated, and penalties may be recovered in the Exchequer there or before justices of the peace in Ireland. 6 Geo. IV. c. 108, s. 74. "In case any offence shall be committed upon the been committed at high seas, against this or any other act relating to the revenue of Customs, or any penalty or forfeiture shall be incurred upon the high seas for any breach of such act, such offence shall, for the purpose of prosecution, be deemed and taken to have been committed, and such penalties and forfeitures to have been incurred, at the place on land in the united kingdom, or the Isle of Man, into which the person committing such offence, or incurring such penalty or forfeiture, shall be taken, brought, or carried; and in case such place on land is situated within any city, borough, liberty, division, franchise, or town corporate, as well any justice of the peace for such city, borough, liberty, division, franchise, or town corporate, as any justice of the peace of the county within which such city, borough, liberty, division, franchise, or town corporate is situated, shall have jurisdiction to hear and determine all cases of offences against such act so committed upon the high seas; any charter or act of parliament to the contrary notwithstanding. Provided always, that all offences against this or any other act relating to the revenue of Customs committed in any city, borough, liberty, division, franchise, or town corporate, shall be deemed and taken to have been committed in the county within which such city, borough, liberty, division, franchise, or town corporate is situated; and as well any justices of the said city, borough, liberty, division, franchise, or town corporate, as any justices of any county in which such city, borough, liberty, division, franchise, or town corporate is situated, shall have jurisdiction to hear and determine the same." (b) (a) And see 7 & 8 Geo. IV. c. 56, s. 10, post, 206. (b) Kite & Lane's case, 1 B. & C. 101. Sce Sections 3 & 49, ante; and see decision on the 57 Geo. III. c. 87, s. 1, in 2 Dowl. & R. 212, in which it appeared that A. and B. were found and arrested on board a boat laden with smuggled goods within the harbour of F., which was within a local exclusive jurisdiction, were afterwards taken, with the boat, &c. to the port of D. and convicted before two justices of the town and port of D., pursuant to stats. 45 Geo. III. c. 121, 8.7: 57 Geo. III. c. 87, s. 5; and 3 Geo. IV. c. 110: and it was held, that the conviction, which only stated that they had been found and taken on board a boat in the harbour of F., was bad, for not showing that the justices of D. had jurisdiction over the offence. Semble, that in this case only the justices of the local jurisdiction of F. had authority to convict; and that the 45 Geo. III. c. 121, s. 7, gives jurisdiction to those justices onl who reside near to the first port or place into which any ship, &c. shall be carried, or where any person shall be arrested by virtue of that clause. But see a decision on 6 Geo. IV. c. 108, in re Nunn, 8 B. & C. 644. A vessel liable to forfeiture under this act was seized in a part of the river Orwell, where the justices of Ipswich had jurisdiction; and a person found on board the vessel was taken to Harwich, and prosecuted before two justices of that place, who convicted him in a penalty of 1004 for having been found on the high seas on board a vessel liable to forfeiture. Held that the justices of Harwich, being jus tices at the first place on land to which the party was carried, had jurisdiction to try the offence. When the vessel was first boarded, she was just entering the harbour of Harwich. Held that, in the absence of all other evidence, a person then found on board might properly be found to have been on board on the high seas. Jas. Nunn, 8 Bar. & Cres. 644; 3 M. & Ryl. 75. In re Justices, &c., in Isle of Man, to summon the default of appearance to proceed accused, and in to hearing [See 7 Geo. 4, c. the general regu lations to sum7&8 Geo. 4, c. 56, post.] 48, s. 18, post, and mons, &c. in Sect. 75." In cases where any information shall be exhibited before 6. Proceedings two (a) or more justices of the peace, or governor, deputy-governor, or before justices, deemster of the Isle of Man, for the recovery of any penalty under this or &c. 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 authorised and required to (b) 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, deputygovernor, 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 penalties; and in case of the non-payment thereof, the said justices, or governor, deputy-governor, or deemster of the Isle of Man, is and are hereby authorised 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; (c) (or in case it shall appear to such justices, or governor, 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 H. M.'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-governor, or deemster of the Isle of Man, to any prison for the non-payment of such penalty, or in default of distress, it shall 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." Sect. 76. "Where any party shall or may be convicted before any two or more of H. M.'s justices of the peace, or governor, deputy-governor, or deemster as aforesaid, in any penalty or penalties incurred as aforesaid (except as is hereinafter provided), it shall and may be lawful for the said justices, or governor, deputy-governor, or deemster of the Isle of Man, in cases where upon consideration of the circumstances he or they shall deem it expedient so to do, to mitigate the payment of the said penalty or penalties, so as the sum to be paid by such party be not less than onefourth of the amount of the penalty in which such party shall have been convicted." Sect. 77. "All suits, indictments, or informations exhibited for any of fence against this or any other act relating to the revenue of Customs, in any of H. M.'s Courts of Record at Westminster, or in the Courts of Exchequer in Scotland, or in Dublin, or in the royal Courts of Guernsey, Jersey, Alderney, Sark, or Man, shall and may be had, brought, sued, or exhibited, within three years next after the date of the offence committed; and shall and may be exhibited before any two or more justices of the peace, or governor, deputy-governor, or deemster in the Isle of Man, within six months next after the date of the offence committed." (a) Or one justice, 7 & 8 Geo. IV. c. 56, s. 7. post, 206. (b) As to service of summons, see 7 & 8 Geo. IV. c. 56, s. 8, post, 206. (c) As to payment of penalties, see ibid. s. 11, post, 206. Justices emtigate in certain cases. powered to mi Suits in Court commenced within three years. of Record to be 6. Proceedings Indictments for Mode of procceding before justices for condemnation of seized goods. Persons detained for certain of- Sect. 78. "Any indictment or information which shall be found or prosecuted for any offence against this or any other act relating to the revenue of Customs shall and may be inquired of, examined, tried, and determined in any county of England; and any such indictment or information which shall be found, commenced, or prosecuted in Scotland, may be inquired of, examined, tried, and determined in any county in Scotland; and any such indictment or information which shall be found or commenced in Ireland may be inquired of, examined, tried, and determined in any county in Ireland, in such manner and form as if the offence had been committed in the said county where the said indictment or information shall be tried." Sect. 79. "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 authorised 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 Dublin; and if the seizure is made at any other place, then a notice shall be publicly read by the public crier at the next marketplace, 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 person's 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." Sect. 80. "It 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 (b) 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 H. M., the penalty of 1007., 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 authorised 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 (a) See 7 & 8 Geo. IV. c. 56; s. 4, post, 206. the person convicted of any such offence or offences shall be a seaman or 6. Proceedings seafaring man, and fit and able to serve H. M. in his naval service, and before justices, shall not prove that he is not a subject of H. M., it shall and may be &c. 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 authorised and on full pay, or officer of Customs or Excise, to carry or convey, or cause to be carried or conveyed, such person on board of any of H. M.'s ships, in order to his serving H. M. in his naval service for the term of five years: (a) 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 aforesaid to complete his service of five years. Provided also, that if it shall be made to appear to any such justices, or governor, deputygovernor, or deemster, that convenient arrangement 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 H. M.'s ships in order to serve H. M., 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 H. M.'s ships as aforesaid. Provided also, that the commissioners of H. M.'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. 81. "If any person so convicted as a seaman or a seafaring man, and carried on board any of H. M.'s ships of war, shall, on examination by any surgeon or surgeons of H. M.'s navy, within one week after being so carried on board, be deemed to be unfit, and shall be refused on that account to be received into H. M.'s service, such person shall, as soon as convenient, be conveyed before any two or more justices of the peace, or any governor, deputy-governor, or deemster as aforesaid; and upon proof that he has been refused to be received on board any of H. M.'s ships as fit for H. M.'s service, such justices, governor, deputy-governor, or deemster shall, and he and they is and are hereby authorised and required to call upon the said person to pay the penalty of 1007, 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 H. M., 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 H. M.'s ships, shall be sent away from the U. K. on board of any such ship in a less time than one month from the date of such conviction." Sect. 82. "All informations before justices of the peace, governors, deputy-governors, or deemsters, for any offences committed against this or any other act relating to the revenue of Customs, and all convictions for such offences, and warrants of justices of the peace, governors, deputygovernors, or deemsters, founded upon such convictions, shall be drawn (a) The 11 Geo. IV. c. 10, contains (b) See 7 and 8 Geo. IV., c. 56, provisions for applying half the wages to s. 4, post, 206. the relief of wife and children chargeable on the parish. convicted and If on examina- shall be found before magistrates penalty of 100/., be sent to gaol. (b) Informations, &c. to be in the schedule, post,207. form prescribed in 6. Proceedings respectively in the form or to the effect in the schedules to this act anbefore justices, nexed." &c. Persons arrested for certain offences may be detained by order. If suit on account of seizure, and judge certify that there was probable cause, plaintiff to have 2d. damages only, and defendant fined not more Sect. 83. Reciting that “it is expedient that time should be allowed to prepare informations, convictions, and warrants of commitment;" it is enacted," that where any person or persons shall have been arrested and detained by any officer or officers of the army, navy, or marines, being duly authorised 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 (a) 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 authorised 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 (a) may proceed finally to hear and determine the matter." Sect. 92. And be it further enacted, "that in case any information or suit shall be commenced or brought to trial on account of the seizure of any vessel, boat or goods, merchandizes or commodities whatsoever, or any horses or other animals, or any carriage seized as forfeited by this or any act relating to the revenue of the Customs, wherein a verdict shall be found for the claimant thereof, and it shall appear to the judge or Court than one shilling. before whom the same shall have been tried that there was a probable cause of seizure, such judge or Court shall certify on the record that there was such probable cause; and in such case the claimant shall not be entitled to any costs of suit whatsoever, nor shall the person who made such seizure be liable to any action, indictment, or other suit or prosecution on account of such seizure; and that in case any action, indictment, or other suit or prosecution shall be commenced and brought to trial against any person or persons whatsoever, on account of any such seizure as aforesaid, wherein a verdict shall be given against the defendant or defendants, if the Court or judge before whom such action, indictment, or prosecution shall be tried, shall have certified on the said record 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 two-pence damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above one shilling." Limitation of action against officers making seizures. Notice. Fee. No evidence to be adduced beyond the notice. Proof of notice. Sect. 93. And be it further enacted, "that 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 H. M.'s Customs, for any thing done in the execution of or by reason of his office, until one calendar month next after notice in writing shall have 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 as aforesaid, 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 that a fee of twenty shillings shall be paid for the preparing or serving of every such notice, and no more." Sect. 94. Provided always, and be it further enacted, "that 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 shall prove, on the trial of such action, that such notice was given; and in default of such proof, the defendant in such action shall receive a verdict and costs as aforesaid." (a) Or one justice. 7 & 8 Geo. IV., c. 56, s. 7, post, 206. |