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e 107.

1853.

16 & 17 Vic. Scotland, or the commissioners of customs, may deem expedient; British stat. 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 auy 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 have been severally or respectively convicted.

Procedure for penalties.

293. All suits, prosecutions, or informations for recovery of penalties under this or any act relating to the customs in any of her majesty's courts of record at Westminster, Dublin, or Edinburgh may be commenced either by writ of subpoena or capias as the first process at the election of the commissioners of customs, in which shall be specified the amount of the penalty or penalties sued for, and if by capias the person against whom such capias shall issue shall be bound with two sufficient sureties 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 information, and shall likeLegal pro- wise, at the time of such appearing, be bound to her majesty, her generally. heirs and successors, with two sufficient sureties, or, by leave of the court or a judge, more than two, to be acknowledged in the same court, to answer and pay all the penalties so sued for, or such other sum, not exceeding the penalty or penalties sought to be recovered, as the commissioners of customs, or the judge upon whose fiat such capius shall issue, may see fit, in case such person shall be convicted thereof, or to yield the body of such person to prison, and in default of being bound by such respective sureties the person against whom such capias shall issue shall be taken to prison.

ceedings

Service of

294. In any case where the commissioners shall waive the subpoena. right of issuing writ of cupias, and elect to proceed by subpœna, service of a copy of such subpoena, either on the defendant personally or by leaving the same at his last known place of abode,

or on board any ship or vessel to which such defendant 16 & 17 Vrc. may c. 107. belong or have lately belonged, shall be deemed to be suffi- British stat. ciently served.

1853.

persons in

appear, and

formation

295. Any person arrested under such capias and imprisoned Judgment for want of sufficient bail shall be served with a copy of the by default if information filed against him either personally or by delivery of gaol do not a true copy thereof to the gaoler, keeper, or turnkey of the plead to inprison in which such person shall have been confined; and in served. default of such person's appearing or pleading to such information for the space of twenty days, to be computed from the date of such service, judgment shall be entered by default; and in case judgment shall be obtained against any such person by default, verdict, or otherwise, and such person shall not pay the sum recovered against him, execution shall thereupon issue, not only against the body of the person so imprisoned as aforesaid, but against all the real and personal estate of such person, or any other person in trust for him, for such sum or sums of money so as aforesaid recovered against him, together with the costs, poundage, fees and expenses of execution over and above the sum recovered.

sheriff of

without re

296. Every such execution may be directed in the first Execution instance to the sheriff of any county or county of a city or other may issue to shrievalty as the party suing out the same may think fit, without any county reference to the county in which the venue is laid, and without ference to any suggestion of the issuing of any prior writ of execution into county such county.

where venue laid.

ished per

pauperis.

297. Where any person so arrested and imprisoned as afore- Impoversaid by virtue of any writ of capias shall be disabled by poverty sons may from making defence to any such information, it shall be com- sus in forma petent for such person to petition the court on affidavit verifying such disability; and the court on being satisfied of the truth of the facts alleged in such affidavit may assign counsel and attorney to such person, and the counsel and attorney so assigned are hereby required to act for such person without fee.

to grant special

writ of

dorsed by

customs.

298. Every sheriff, mayor, bailiff, or other person accus- Sheriff tomed to execute the process of the courts, and under every sheriff, deputy, or agent of such sheriff, mayor, or bailiff, is warrant on hereby required (on the request of the solicitor or assistant capias ensolicitor of customs, or of any person acting on his behalf, such solicitor of request to be endorsed on the back of any writ of capias or other process issuing as aforesaid, and signed by such solicitor or by such other person stating his authority,) to grant a special warrant to such persons as shall be named to them by such solicitor or other person for apprehending the person against whom such process shall issue, or in default thereof every such sheriff, mayor, bailiff, under bailiff, and other person shall be

N

c. 107.

16 & 17 Vic. liable to such process of contempt, fines, and penalties as they British stat. or any of them are now by any law or custom liable to in case of refusing to execute similar process where the defendants might have been taken thereupon in the usual course of proceeding.

1853.

Sheriff in

demnified

warrant

granted at

request of customs.

299. Every sheriff, mayor, bailiff, under sheriff, and other for escape if person granting such special warrant shall be indemnified from all liability for the escape of any person who shall be arrested by virtue of such warrant, which escape shall happen from the time of taking such person, until he shall be committed to the proper prison, or be tendered to the gaoler or keeper of such prison, who is hereby required to receive every person so arrested as aforesaid, and give a receipt for his body.

Gaoler to receive offender.

When offenders are

give bail to

300. If any person shall be arrested under or by virtue of arrested and any writ of capias ad respondendum, and the sheriff or other the sheriff, officer shall take bail from such person, such sheriff or other officer, at the request and costs of the prosecutor, shall assign to assigned to the queen's majesty, her heirs and successors, the bail bond taken her majesty from such person, by endorsing and attesting the same under

the bail

bond to be

his hand and seal in the presence of two or more credible witnesses which may be done without any stamp, provided the assignment so endorsed 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 queen's majesty, her heirs and successors.

16 & 17 VIC. c. 131.

16 and 17 VIC. c. 131.] To amend various laws relating to British stat, merchant shipping. (a) BRIT. [20th August, 1853.]

1853.

Mode of procedure in criminal

16 and 17 Vic. c. 131, sec. 2.] This act may be cited as "The merchant shipping law amendment act, 1853."

53. All criminal proceedings under this act shall be carried on in the same manner as similar proceedings under the "Mercases under cantile marine act, 1850," [13 and 14 Vic. c. 93]; and all rules of law, practice and evidence, which are applicable to such lastmentioned proceedings, shall be applicable to criminal proceedings under this act.

this act.

(a) If the protection of seamen and of persons not having residence in Scotland be intended by this act, the sections 54 to 68 inclusive as to Scotland, especially sec. 61, which authorises proceedings before sheriff or justices to be conducted vivá voce, without evidence in

writing or record of proceedings, and sec. 67, which bars review, seem to require revision (expurgation), because repugnant to the treaty of union, to the maritime code of the empire, to equity, and to international law. (Vide SUMMARY PROCEEDINGS. Post.)

66

c. 131.

1853.

Procedure

chant sea

54. All offences which, by the act 8 Vic. c. 112-the act 8 16 & 17 Vic. and 9 Vic. c. 116-" The mercantile marine act, 1850" [13 British stat. and 14 Vic. c. 93]-" The mercantile marine amendment act, 1851" [14 and 15 Vic. c. 96]-" The river navigation act, 1851" 14 and 15 Vic. c. 79]" The seamen's fund winding up in Scotland act, 1851" [14 and 15 Vic. c. 102]-or this act, are described as under mermisdemeanors, or are made punishable by imprisonment for men's acts. periods exceeding six months, may, in Scotland, be prosecuted by indictment or criminal letters, at the instance of her majesty's advocate, before the high court of justiciary, or by criminal libel, at the instance of the procurator-fiscal of the county, before the sheriff, and shall be punishable with fine and with imprisonment, with or without hard labour, or with both, as the court may think fit; and such court may also, if it think fit, order payment by the offender of the costs and expenses of the prosecution: Provided always, That nothing herein contained shall be held or construed to extend to the prosecution of offences punishable by transportation.

rules appli

68. Such of the general provisions, with respect to procedure General and penalties contained in the said last before-mentioned acts, cable t as are not inconsistent with the special rules in this act, laid SCOTLAND. down for the conduct of legal proceedings and the recovery of penalties in Scotland, shall, so far as the same are applicable, extend to such last-mentioned proceedings and penalties.

Island Act.

17 Vic. c. 2.] For the warehousing of goods imported into this 17 Vic. c. 2. island, and for the prevention of smuggling and for other purposes. ISLD. [December 1, 1853.]

1853.

c. 107.

17 Vic. c. 2, sec. 12.] So much of the imperial act, 16 and 17 16 & 17 Vic. Vic. c. 107 (ante), as relates to the regulation of British pos- British stat. sessions, shall be, and is hereby declared to be, in force in this in force in island.

Jamaica.

and for

coverable.

28. All duties, penalties, and forfeitures, incurred under, or Penalties imposed by this or any other act, relating to the customs, and feitures, the liability to forfeiture of any goods seized under the authority bowe thereof, shall and may be sued for, prosecuted, determined, and recovered, by action of debt, information, or other appropriate proceeding in any court of law or equity, or in the court of vice-admiralty of this island, in the name of her majesty's attorney-general, or of some officers of customs.

35 CAR. II. c. 4. Island Act.

1683.

By whom justices' warrants shall be

executed on

II. INFORMATIONS-WARRANTS.

35 CAROL. II. c. 4.] For ordinary boats and wherries and government of seamen.

better

ISLD. [1683.]

35 Car. II. c. 4, sec. 7.] Whereas many times disputes have risen at Port Royal, about executing the warrants of justices of the peace upon the water which is within the body of the said the water. precinct: It is therefore enacted, That all such warrants given by justices of the peace, against any person or persons on board any ship or vessel, be directed to the provost-marshal, or his lawful deputy, or any of the constables of the place, according to the tenor of the said warrant, who are hereby required and empowered to execute the said warrant, and to receive for the same three shillings.

13 Vic. c. 24.

13 VIC. c. 24.] An Act to facilitate the performance of the Island Act. duties of justices of the peace out of sessions, within this island, with respect to persons charged with indictable offences. (a) ISLD. [1st February, 1850.]

1850.

Preamble.

For what

offences a

13 Vic. c. 24, sec. 1.] Whereas it would conduce much to the improvement of the administration of criminal justice, within this island, if the several acts relating to the duties of her majesty's justices of the peace therein, with respect to persons charged with indictable offences, were consolidated, with such additions and alterations as may be deemed necessary; and that such duties should be clearly defined by positive enactment: Be it therefore enacted, (b) That in all cases where a charge or complaint (A) shall be made before any one or more of her majesty's justices of the peace for any parish within this island, that any a warrant or person has committed, or is suspected to have committed, any treason, felony, or indictable misdemeanor, or other indictable person offence whatsoever within the limits of the jurisdiction of such therewith to justice or justices of the peace, or that any person guilty, or before him. suspected to be guilty, of having committed any such crime or offence elsewhere, out of the jurisdiction of such justice or justices, is residing, or being, or is suspected to reside, or be within

justice of

the peace

may grant

a summons

to cause a

charged

be brought

(a) Sec. 23 of this act repeals 5 Vic. c. 38, and so much of 8 Geo. IV. c. 22 as relates to bail in cases of felony, and to examinations and informations, and finding parties to prosecute. And also

all other acts, or parts of acts, inconsistent with the provisions of this act, save so much thereof as repeals other acts or parts of acts.

(b) See SCHEDULES, p. 185–188.

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