Indictment being filed against such Person in the said Court for such Offence, it shall and may be lawful for such Judge to issue his Warrant under his Hand and Seal, and thereby to cause such Person to be apprehended and brought before him, or some other Judge of the same Court, or before some One of His Majesty's Justices of the Peace, in order to his or her being bound to the King's Majesty, with Two 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 respectively to commit such Person to the Common Gaol of the County, City, or Place where the Offence shall have been committed, or where he or she shall have been apprehended, there to remain until he or she shall become bound as aforesaid, or shall be discharged by Order of the Court in Term Time, or of One of the Judges of the said Court in Vacation; and the Recognizance to be thereupon taken shall be returned and filed in the said Court, and shall continue in force until such Person shall have been acquitted of such Offence, or in case of Conviction, shall have received Judgment for the same, unless sooner ordered by the Court to be discharged; and that 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 detained, or shall hereafter be committed to and detained in any Gaol for want 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 or shall be so detained, with a Notice thereon indorsed, that unless such Person shall, within Eight Days from the Time of such Delivery of a Copy of the Indictment or Information as aforesaid, cause an Appearance, and also a Plea or Demurrer to be entered in the said Court to such Indictment or Information, an Appearance and the Plea of Not Guilty will be entered thereto in the Name of such Person; and in case he or she shall thereupon, for the Space of Eight Days after the Delivery of a Copy of such Indictment or Information as aforesaid, neglect to cause an Appearance, and also a Plea or Demurrer, to be entered in the said Court to such Indictment or Information, it shall be lawful for

Jurisdiction.

Jurisdiction.

Where Persons arrested by Capias give

Bail, Sheriff to assign Bail

Bond at the

Prosecutor.

the Prosecutor of such Indictment or Information, 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 said Court, authorized to take Affidavits in the said Court, to cause an Appearance and the Plea of Not Guilty to be entered in the said Court to such Indictment or Information for such Person; and such Proceedings shall be had thereupon as if the Defendant in such Indictment or Information appeared and pleaded Not Guilty, according to the usual Course of the said Court; and that, if upon Trial of such Indictment or Information, any Defendant so committed and detained as aforesaid shall be acquitted of all the Offences 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 said Court of King's Bench, to order that such Defendant shall be forthwith discharged out of Custody as to his or her Commitment as aforesaid, and such Defendant shall be thereupon discharged accordingly.

XCIX. AND be it further enacted, That if any Person shall be arrested by a Writ of Capias ad respondendum, issuing out of any of His Majesty's Courts of Record at Westminster, or out of any of the superior Courts of Record of either of the Counties Palatine, or out of any Request of the of the Courts of Great Session in Wales, at the Suit of the King's Majesty, His Heirs and Successors, and the Sheriff or other Officer shall take Bail from such Person, the Sheriff or other Officer, at the Request and Costs of the Prosecutor, shall assign to the King's 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 Two or more credible Witnesses, which may be done without any Stamp, provided the Assignment so indorsed be duly stamped before any Suit be commenced thereupon; and if such Bail Bond be forfeited, such Process shall thereupon issue as on Bonds originally made to the King's Majesty, His Heirs and Successors; and the Court in which such Bail Bond is put in Suit may, by Rule or Rules of the same Court, give such Relief to the Defendant or Defendants as is agreeable to Justice and Reason.

C. AND be it further enacted, That 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 Revenue of Customs or Excise (except in the Cases of Persons detained and carried before Two of more Justices in pursuance of this Act), unless such Suit shall be commenced in the Name of His Majesty's Attor ney General, or unless such Indictment shall be preferred under the Direction of the Commissioners of His Majesty's Customs or Excise, or unless such Suit shall be commenced in the Name of some Officer of Customs or Excise, under the Direction of the said Commissioners respectively.

CI. AND be it further enacted, That if any Prosecution whatever shall be commenced for the Recovery of any Fine, Penalty, or Forfeiture incurred under this or any other Act relating to the Revenue of Customs and Excise, it shall be lawful for His Majesty's Attorney General, if he is satisfied that such Fine, Penalty, or Forfeiture was incurred without any Intention of Fraud, or that it is inexpedient to proceed in the said Prosecution, to stop all further Proceedings, by entering a Noli prosequi, or otherwise, on such Information, as well with respect to the Share of such Fine, Penalty, or Forfeiture to which any Officer or Officers may be entitled, as to the King's Share thereof.

CII. AND be it further enacted, That if any Goods shall be seized for Nonpayment of Duties or any other Cause of Forfeiture, and any Dispute shall arise whether the Customs, Excise, or Inland Duties have been paid for the same, or the same have been lawfully imported, or concerning the Place from whence such Goods were brought, then and in such Case the Proof thereof shall lie on the Owner or Claimer of such Goods, and not on the Officer who shall seize and stop the same.

CIH. AND be it further enacted, That no Justice of the Peace who is a Collector or Comptroller, or otherwise connected with the Collection of the Customs or Excise, shall take cognizance of any Matter relating to the summary Convictions of Persons offending against this Act.

CIV. AND be it further enacted, That in case of any Information or Proceedings had under this or any other Act relating to the Revenue of Customs, the Averment that the Commissioners of His Majesty's Customs or Excise M

have directed or elected such Information or Proceedings to be instituted, or that any Vessel is Foreign or British, or that any Person detained is or is not a Subject of His Majesty, or that any Person detained is or is not a Seaman or seafaring Man, or fit and able to serve His Majesty in His Naval Service, or that any Person is an Officer of the Customs, shall be sufficient, without Proof as to such Fact or Facts, unless the Defendant in such Case shall prove to the contrary.

CV. AND be it further enacted, That if upon any Trial a Question shall arise whether any Person is an Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or Officer of Customs or Excise, Evidence of his having acted as such shall be deemed sufficient, and such Person shall not be required to produce his Commission or Deputation unless sufficient Proof shall be given to the contrary; and every such Officer, and any Person acting in his Aid or Assistance, shall be deemed a competent Witness upon the Trial of any Suit or Information, on account of any Seizure or Penalty as aforesaid, notwithstanding such Officer or other Person may be entitled to the Whole or any Part of such Seizure or Penalty.

CVI. AND be it further enacted, That in all Cases where any Power (1), Authority, or Protection is given or granted by this Act to any Officer or Officers of the Navy, Army, or Marines, the same shall not extend or be construed to extend to any such Officer or Officers, unless such Officer or Officers shall be on Full Pay, and employed for the Prevention of Smuggling under the proper Authority to which such Officer or Officers is or are subjected, or under the Authority of the Commissioners of the Customs or Excise, and such Officer or Officers shall be deemed to be duly authorized for the Purposes of this Act or any other Act relating to the Revenue of Customs; any thing in this or any other Act to the contrary notwithstanding.

CVII. AND be it further enacted, That this Act may be amended, varied, altered, or repealed by any Act to be passed in the present Session of Parliament,

(1) See § 34.

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.

County of to wit.

our Lord

}BE it remembered, That on the

Day of

in the Year of A. B. Officer of Customs, who is directed by the Commissioners of His Majesty's Customs to prefer this Information, gives us

Esquires, Two of His Majesty's Justices of the Peace, to understand and be informed, that C. D., being a Subject of His Majesty, on the

Day of

in the Year of our Lord

[here state the Offence] contrary to the Form of the Statute in that Case made and provided, whereby the said C.D. hath forfeited the Sum 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.

our Lord

E it remembered, That on the

¿BE Day of

in the Year of an Information was exhibited

by A. B. Officer of Customs, before us

Esquires, Two of His Majesty's Justices of the Peace, against C. D.; which said Information charged, that the said C. D. on the

in the Year of our Lord

Day of

[here state the Offence as in the Information] contrary to the Form of the Statute, which Offence has been duly