aforesaid, whether the Parties shall be seafaring Men or otherwise.

LXXXI. AND be it further enacted, That if any Person so convicted as a Seaman or a seafaring Man, and carried on board any of His Majesty's Ships of War, shall, on Examination by any Surgeon or Surgeons of His Majesty'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 His Majesty'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 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.

LXXXII. AND be it further enacted, That 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, Deputy Governors, or Deemsters, founded upon such Convictions, shall be drawn. respectively in the Form or to the Effect in the Schedules to this Act annexed.

LXXXIII. AND whereas it is expedient that Time should be allowed to prepare Informations, Convictions, and Warrants of Commitment; be it declared and enacted, That where any Person or Persons shall have been arrested and detained by any Officer or Officers of the Army, Navy,

Jurisdiction.

Capias may issue against Per.

this Act.

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 carried 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 authorized 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 hear and determine the Matter.

in

LXXXIV. AND be it further enacted, That whenever sons sued under any Penalty shall be sued for as aforesaid, by Information against any Person in any of His Majesty's Courts of Record at Westminster, or in the Courts of Exchequer in Scotland or in Dublin, a Capias shall 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 sufficient Bail or Security, by natural-born Subjects or Denizens, to the Person or Persons to whom such Capias shall be directed, to appear 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 ap pearing give sufficient Bail or Security, by such Persons as aforesaid, in the said Court, to answer and 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.

Persons arrested

on Capias and

not pleading,

issue.

LXXXV. AND be it further enacted, That if any Person against whom a Capias shall issue out of any Judgment may of His Majesty's Courts of Record as aforesaid, 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 the 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 One Term,

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 such Person or Persons shall not pay the Sum recovered against him, her, or them for his, her, or their Offence, Execution shall be thereupon awarded and issued, not only against the Body or Bodies, or the Person or Persons so in Prison as aforesaid, but against all the Real and Personal Estates of such Person or Persons, for such Sum or Sums of Money so as aforesaid recovered against him, her, or them.

Jurisdiction.

LXXXVI. AND be it further enacted, That in case Persons not worth 51. may any Person arrested and imprisoned (1) by virtue of any defend Suits in Writ of Capias as aforesaid, shall make Affidavit before forma pauperis. the Judge or Judges of the Court where the Information shall be 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 Five Pounds, (which said Affidavit the said Judge or Judges of such Court, and such Person so commissioned, is and are hereby authorized and required so to take), and such Person shall thereupon petition such Court to defend himself or herself against such Information in formá pauperis, that then the Judge or Judges of such Court shall, according to their Discretion, admit such Person to defend himself against such Information, in the same Manner and with the same Privileges as the Judges of such Court are by Law directed and authorized to admit poor Subjects to commence Actions for the Recovery of their Rights; and for that End and Purpose, it shall be lawful for the Judges of such Courts to assign Counsel learned in the Law, and to appoint an Attorney and Clerk of such Court, 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, so assigned and appointed, 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.

LXXXVII. AND be it further enacted, That where Sheriff to grant any Writ of Capias, or other Process, shall issue out of Warrant on any Court, directed to any Sheriff, Mayor, Bailiff, or other

Writ of Capias

indorsed by one of the Solicitors for the Customs.

Jurisdiction.

Sheriff indemnified from

Escapes in Cases where Warrant granted at Re

quest of Solicitor for the Customs.

6° GEO. 4. Person having the Execution of Process in any County, City, or Liberty, against any Person who shall be guilty of any Offence whatsoever, against this or any Act relating to the Revenue of Customs, every such Sheriff, Mayor, or Bailiff, and other Person, having Execution of Process as aforesaid, and their and every of their Under Sheriffs, Deputies, and other Persons acting for them in the said Office and Offices respectively, shall and are hereby enjoined and required, upon the Request or Application of one of the Solicitors 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 such Person or Persons as shall be named to them by such Solicitor, for the apprehending such Offender or Offenders; or in default thereof, every such Sheriff, Mayor, Bailiff, Under Sheriff, and other Person acting in the said Office or Offices respectively, shall be subject and liable to such Process of Contempt, Fines, Amerciaments, Penalties, and Forfeitures, 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 thereupon in the common and usual Method of Proceeding.

LXXXVIII. AND be it further enacted, That all and every such Sheriff, Mayor, Bailiff, Under Sheriff, and other Persons so granting or making out such special Warrant as aforesaid, shall be and they are hereby saved harmless and indemnified against His Majesty, His Heirs and Successors, and against all and every other Person or Persons whomsoever, of and from all Escapes of any Person or Persons who shall or may be taken by virtue of any such Warrant as aforesaid, which shall or may happen from the Time of taking such Offender or Offenders till he, she, or they shall 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 Person or Persons so apprehended as aforesaid, and give a Receipt for his, her, and their Body or Bodies), and of and from all Actions, Prosecutions, Processes of Contempt, and other Proceedings for or by reason of such Escape; any Law, Custom, or Usage to the contrary notwithstanding.

the Name of the

LXXXIX. AND be it further enacted, That no Claim Jurisdiction. shall be permitted to be entered to any Vessel, Boat, or Claims for Goods seized for any Cause of Forfeiture, and returned seized Goods to into His Majesty's Courts of Exchequer in the United be entered in Kingdom, unless such Claim is entered in the true and real real Owner. Name or Names of the Owner or Owners, Proprietor or Proprietors of the Vessel, Boat, or Goods so claimed, 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 One of the Barons of the said Court of Exchequer respectively, that the Vessel, Boat, or Goods so claimed 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 resident in London, Edinburgh, or Dublin, or the Liberties thereof, then and in such Case Oath shall be made in like Manner by the Agent or Attorney, or Solicitor, by whom such Claim shall be entered, that he has full Power and legal Authority and Directions from such Owner or Proprietor to enter such Claim, and that to the best of his Knowledge and Belief, such Vessel, Boat, or Goods were at the Time of the Seizure thereof bond fide and truly the real Property of the Person or Persons in whose Name or Names such Claim is entered, which Oath shall be respectively indorsed and certified on the Back of the Indenture of Appraisement upon which such Claim shall be entered, and on Failure thereof the Vessel, Boat, or Goods shall be absolutely condemned, and Judgment shall be entered thereon by Default, according to the usual Method of Proceedings of the Court, in the same Manner as if no Claim 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.

No Writ of De livery for seized Goods to be granted, unless a Delay of

XC. AND be it further enacted, That no Writ of Delivery shall be granted out of the Court of Exchequer to any Person making claim as aforesaid, for any Vessel, Boat, or Goods seized as liable to Forfeiture under this or any Act relating to the Revenue of Customs, unless a Delay has taken place, of Proceeding to Trial and Condemnation for the Space of and then upon Three Terms shall have taken place; and in that Case not certain Condi

Three Terms

tions.