after trial out of term. 219. In any case where a verdict is or shall have been obtained at the suit Execution of the Crown against any defendant in any of the Superior Courts, execution may issue thereon may issue on or after the expiration of fourteen days from the date of such verdict, in the same manner as execution may issue in any case under the one hundred and twentieth section of "The Common Law Procedure Act, 1852," unless the judge who tried the cause, or some other judge, or the Court, shall order execution to issue at any earlier or later period, with or without terms. stated in 220. When any person is convicted and adjudged to pay a pecuniary penalty Penalty and for any offence against the Customs Acts, and such person shall be committed costs to be in default of payment of penalty and costs, the amount of costs awarded to be convictions, paid by such person, as well as the penalty so adjudged, shall be stated in the &c. conviction and also in the commitment. waived in 221. Whenever the Commissioners or the proper officer of Customs shall Where proproceed by information against any person for any offence under the Customs ceeding Acts before any justice, instead of proceeding in the Exchequer Division of the by capias is High Court of Justice, where a capias might be issued for arresting and holding favour of the offender to bail, such justice may, on sufficient information on oath that the subject, justices the offence has been committed, issue his warrant to bring such offender before may issue him or any other justice, and on his being so brought to require him to give warrant and admit to bail. security in such amount as he may deem sufficient to appear before him or any other justice at a time and place appointed for the hearing of the case, and in default of such security to commit such offender to gaol, or to the custody of the police or other constabulary force. 222. When by the Customs Acts a penalty jointly and severally shall have been incurred by any number of persons, such persons may be proceeded against jointly by one information, or severally by separate informations, as Her Majesty's Attorney-General for England or Ireland, and as the Lord Advocate of Scotland, or the Commissioners of Customs respectively may deem expedient; and in case of a proceeding against such several persons by joint information for recovery of the penalty or penalties so severally incurred by each, the penalty or penalties shall be recoverable against each, notwithstanding that any one or other of such persons so jointly proceeded against may have allowed judgment to go by confession or default, or that the penalty adjudged to be paid by any one or other of the defendants so jointly sued may be for a different amount from that of the penalty in which any one or other of such several persons may be convicted, or that any one or other of such several persons so jointly prosecuted may be acquitted; and no judgment on any such information shall be reversed or avoided, or error in law alleged therein, on the ground of any such judgment being obtained by confession or default of any of the persons, nor on account of any difference in the amount of the penalty or penalties in which any one or more of such persons may be convicted, or the acquittal of any such persons; but every such judgment shall be valid and effectual against any or all of the said several persons so jointly proceeded against, and for the full amount of the penalty or penalties in which such person or persons shall have been severally or respectively convicted. Penalties joint and several may be sued for by joint and several information. convictions, 223. All informations exhibited before any justice for any offence committed Informations, against or forfeiture incurred under this or any other Act relating to the Customs, and all summonses, convictions and condemnations for such offences and forfeitures, and all warrants of any justice founded upon such convictions, &c. to be in form, &c. in Schedule C. Justices may summon offender. On attendance of the party on the may be in the form or to the effect in Schedule C. to this Act; and the form of information given in the said schedule, and the counts therein contained with reference to any offences created by or punishable under the several sections of this Act to which the same or any of them relate, shall be applicable to and sufficient for all purposes in the prosecution of such offences and forfeitures; and where two or more counts are given upon the same section those counts may be used which apply most nearly to the circumstances of the case; and any one or more of the said counts may be included in the same information, together with any other count or counts; and any one or more of the words or paragraphs descriptive of offences charged in any one or more of the counts in the same form of information, separated from the others by the word or in italics, may be used exclusively of the others, in conjunction with any other part of such form, and in any case, or for any offence or forfeiture for which no count is given in the said schedule, such count or counts may be substituted or added as circumstances may require; and every such information and every conviction and warrant of commitment or condemnation for such offence or forfeiture shall be deemed valid and sufficient in which the offence or forfeiture is set forth either in the words of the Act or Acts by which the penalty for such offence has been inflicted or under which any forfeiture has been incurred, or in the words of the information by this Act prescribed; and where in any such forms the word "Customs" is used to describe the Commissioners or officers of Customs, the words "Inland Revenue" or "Excise" may be substituted, as the case may require, and the like counts shall be applicable to and sufficient for the like purposes, and be used in like manner in any information filed in any Court having jurisdiction in such cases under this or any Act relating to the Customs; and no conviction, warrant of commitment, or condemnation shall be held void by reason of any defect therein; and no party shall be entitled to be discharged out of custody on account of such defect, provided it be alleged in such warrant that the said party has been convicted of such offence, and that it shall appear to the Court or judge before whom such warrant is returned that such conviction proceeded upon good and valid grounds; and every such warrant may be executed by any officer of Customs, and in any part of the United Kingdom, without further endorsement or sanction than that of the justice issuing the same; and no objection shall be taken or allowed to any information, complaint, or summons for any alleged defect therein in substance or in form, or for any variance between such information, complaint or summons and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint. 224. Upon the exhibiting of any information before any justice against any person for any offence against the Customs Acts for which offence the party charged is not liable to be detained, or being liable shall not be detained, or by which any penalty or forfeiture shall be sought to be recovered, or any punishment of hard labour sought to be inflicted, within three years next after the commission of the offence, such justice may from time to time and at any time afterwards issue his summons directed to such party, stating shortly the matter of such information, and requiring him personally to appear at a certain time or place before him or any other justice to answer to the said information, and to be further dealt with according to law. 225. If on the day and at the place appointed in such summons the party so summoned shall appear before such justice, then such justice shall proceed to On non appearance, justice to proceed as if he had hear and determine the matter of such information, and on proof thereof, either day and place upon the confession of the party or upon the oath of one or more credible appointed, justices may witness or witnesses, shall convict the party charged in such information, but if hear and the party so summoned shall fail so to appear, then if it be proved upon oath or determine the case. affirmation to the justice then present that such summons was duly served at a reasonable time before the day appointed for his appearance, such justice may proceed ex parte to hear such information and adjudicate thereon as if such party had personally appeared before him in obedience to such summons. 226. When any information shall have been exhibited before any justice for appeared. the forfeiture of any goods scized under the Customs Acts, such justice is Justices may hereby required to summon the owner of such goods or the person from whom condemn they were seized to appear before him or any other justice, and upon his or her goods liable appearance or default to appear, due service of such summons being proved, such justice may proceed to the examination of the matter, and on proof that the goods are liable to forfeiture under the Customs Acts may condemn the same. to forfeiture. be served 227. Every summons issued by a justice of the peace under the Customs Summons to Acts, either to bring any person before him to answer any information or complaint, or any person to appear before him to testify what he may know concerning the matter of such information, wherever in the United Kingdom such person may be or reside, shall be deemed to be sufficiently served by any officer of Customs or other duly authorized person delivering the same to the party summoned personally, or by leaving the same at his last known place of abode or business in the United Kingdom, or on board any ship or vessel to which he may belong or may have lately belonged. 228. If any person so summoned to testify as aforesaid shall refuse or Penalty for neglect to appear at the time and place appointed in such summons by the neglecting to attend. justice issuing the same, and no just excuse shall be offered for such neglect or refusal, then, after due proof of the service of such summons, or if such person having appeared in obedience to such summons shall refuse to take oath, or, if a person having legal power to make affirmation, refuse to affirm, or shall refuse to give evidence or answer to the best of his knowledge and belief any legal question required of him, he shall for every such default or offence forfeit such sum not exceeding twenty pounds as the justice shall see fit. 229. Where any offence shall be committed in any place upon the water not Offences on being within any county of the United Kingdom, or where the officers have the water, &c., and any doubt whether such place is within the boundaries or limits of any such jurisdiction. county, such offence shall for the purposes of the Customs Acts be deemed and taken to be an offence committed on the high seas; and for the purpose of giving jurisdiction under such Acts every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the same actually was committed or arose, or in any place on land where the offender or person complained against may be or be brought. 230. When the attendance of any justice having jurisdiction in the county Justice of where the offence is committed cannot be conveniently obtained, any magistrate adjoining county may of any neighbouring or adjoining county to that in which the offence was act when deemed to have been committed may hear and determine any information required. exhibited before him, and he shall for that purpose have the same powers and authorities as a justice for the county in which the offence was or was deemed to have been committed. Justices of concurrent jurisdiction in cities, 231. Where any offence against the Customs Acts shall be committed in any city, borough, liberty, division, franchise, or town corporate, any justice having jurisdiction therein, and any justice of any county within which the same is or are situated, shall have jurisdiction to hear and determine the same; and all powers vested in any justice of the peace by virtue of this Act shall be and the boroughs, &c. situate in such same are hereby vested in and may be exercised in the Isle of Man or the Channel Islands by any governor, deputy governor, bailiff, chief magistrate, deemster, jurat, or other magistrate of the said isle or islands; and for the purposes of the Customs Acts the jurisdiction of the magistrates of the borough of Gravesend in the county of Kent shall be deemed to extend on the River Thames from Yantlet Creek to Broadness Point in the Northfleet Hope, and shall include every part of the said river between those limits respectively. counties. Justice may Penalties Act, Justices may commit in certain cases without order of Com missioners. When quan- less than Where quantity between 5 and 20 gal lons spirits, or from 20 to 80 lbs. tobacco, justices may mitigate. Above 20 gallons spirits, or 80 lbs. tobacco, no mitigation by justices. 232. If any penalty incurred for any offence under the Customs Acts be not paid on conviction, the convicting justice shall forthwith commit the offender to any of Her Majesty's gaols within his jurisdiction, there to remain for such term as is herein-after provided, or until the penalty shall be paid; and “The Small Penalties Act, 1865," shall not apply to any penalty imposed by the Customs Acts; and where such party is convicted of any offence for which the punishment of hard labour is inflicted, such justice shall commit such party to any gaol or house of correction, there to be kept to hard labour for such time as may be authorized by the Customs Acts. upon 233. When any person shall be brought before a justice for any offence against the Customs Acts for which a pecuniary penalty is thereby imposed, if the goods in respect of which he shall have been so brought shall not consist of spirits or tobacco, or being spirits or tobacco shall not exceed five gallons of spirits or twenty pounds weight of tobacco, such justice may proceed summarily the case without information or direction of the Commissioners of Customs, and if such person shall be convicted, such justice may adjudge that he shall, in lieu of any other penalty, forfeit a sum not less than the single nor more than the treble value of such goods, including the duty of importation thereof, and in default of payment commit such person to any of Her Majesty's gaols for any period not less than fourteen days, nor more than one month; and if such spirits or tobacco shall exceed five gallons but not exceed twenty gallons of spirits, or shall exceed twenty pounds weight of tobacco but not exceed eighty pounds weight, such person shall forfeit a sum equal to treble the duty-paid value of such spirits or tobacco, or one hundred pounds, at the election of the Commissioners of Customs, and if proceeded against for the latter and convicted, such justice may mitigate the penalty to any sum not less than one fourth, and in default of payment of the penalty or mitigated penalty so imposed may commit the offender to any of Her Majesty's gaols until the same be paid; and if such spirits shall exceed twenty gallons, or such tobacco shall exceed eighty pounds weight, such person shall forfeit a sum equal to treble the value of such spirits or tobacco, or one hundred pounds, at the election of the Commissioners of Customs, and shall upon conviction forthwith pay, without any mitigation, the penalty imposed, and in default thereof the said justice shall commit the person so convicted to any of Her Majesty's gaols, there to remain until such penalty shall be paid. Extended to saccharin by the Revenue Act, 1906 (6 Edw. VII. c. 20), 8. 5. 234. It shall be lawful for [the Local Government Board] from time to time, Persons arriving in by her or their order, to require that no person on board any ship coming to any ships from port in the United Kingdom, the Channel Islands, or the Isle of Man, from or infected having touched at any place out of the United Kingdom abroad where they places not to Îand before have reason to apprehend that yellow fever or other highly infectious distemper examination. prevails, shall quit such vessel before the state of health of the persons on board shall have been ascertained, on examination by the proper officer of Customs, at such place or places as may from time to time be appointed by the Commissioners of Customs for such purpose, and before permission to land shall have been given by such officer, whether or not it shall on or after such examination be found expedient to order such vessel under the restraint of quarantine, and any person so quitting any such vessel shall forfeit a sum not exceeding one hundred pounds; and if the master, pilot, or person in charge of such ship shall not, on arrival at such place, hoist and continue such signal as shall be directed by such order, until the proper officer shall have given permission to haul down the same, he shall forfeit a like penalty; and such penalties or either of them if incurred, and any penalty incurred under the Act of the sixth year of the reign of King George the Fourth, chapter seventy-eight, shall be subject to reduction to any sum not exceeding one hundred pounds, and may be recovered by information and summons before a stipendiary magistrate, or any two justices of the peace, who are hereby authorized to reduce the same accordingly, and to commit the offender to prison in default of payment of any penalty so imposed for any period not exceeding six months. The Local Government Board was substituted for the Queen in Council by sect. 2, and the words in italics were repealed by the Statute Law Revision Act, 1898 (61 & 62 Vict. c. 22), and the Public Health Act, 1896 (59 & 60 Vict. c. 19), s. 6 and Schedule. Commis 235. All penalties and forfeitures recovered, and all sums, including justices Penalties and clerks fees, awarded to be paid as costs to or for Her Majesty under this or any forfeitures other Act relating to the Customs, shall be paid to the Commissioners of to be paid to Customs, and all penalties, forfeitures, and costs recovered under any Act sioners. relating to the Excise shall be paid to the Commissioners of Inland Revenue, or to the persons appointed by such Commissioners respectively to receive the same, and such penalties, forfeitures, and costs shall be applied by such Commissioners respectively in such manner as the law directs. 236. Where any person shall have been committed to prison by any justice for non-payment of any penalty incurred under the Customs Acts less than one hundred pounds, the gaoler or keeper of such prison is hereby authorized and required to discharge such person at the end of six months from the date of his imprisonment on such committal. Any person committed in default of payment of a penalty less than 1007. to be discharged by gaoler in six months if not duly 237. When any verdict shall pass or conviction be had against any person for any offence against the Customs Acts and he shall have been adjudged to pay a penalty of one hundred pounds or upwards, the presiding justice may, if released. for a first offence, commit the offender to one of Her Majesty's prisons for not Persons less than six nor more than nine months, and if for a subsequent offence may convicted previously order that the offender shall, in lieu of payment of the penalty, be imprisoned, may, on with or without hard labour, for a period not less than six nor more than verdict, be twelve months. imprisoned with or without hard labour. This section was substituted for sect. 237 by the Customs and Inland Revenue Act, 1879 (42 & 43 Vict. c. 21), s. 14 and Schedule. C.P. 3 A |