may

prosecutors

196.-(1.) The Governor may award to the person prosecuting, Governor or to any person by whose means or aid any fine is recovered or reward seizure made under this Ordinance, or to all or any of them, any and others. sum or sums not exceeding in the aggregate one moiety of the fine or proceeds.

(2.) The Governor may award to any officer or person detaining any person liable to detention under this Ordinance such reward as he may think fit not exceeding 107. for each person detained. (7 of 1883, ss. 3 and 4, part.)

197. Subject as aforesaid all fines recovered and the proceeds Fines, &c. of all seizures sold under this Ordinance shall be applied in aid of to go to the general revenue of the Colony. (7 of 1883, s. 3, part.)

revenue.

As to Proceedings for Recovery of Penalties.

Proceedings for penalties.

taken by

arrested.

198. Whenever the Attorney-General, or the proper officer of Where prothe Customs, shall in any case proceed by information in any Court ceedings against any person for any offence under this or any other Ordi- information nance relating to the Customs, and it shall appear to such Court defendant that such person is likely to abscond before such information can may be be heard, such Court shall, in lieu of issuing a summons for the appearance of such person, grant warrant to apprehend and bring such person before the Court, and on his being so brought shall require him to give by recognizance, or by a deposit of money or other valuable property, security to the satisfaction of such Court to appear before the Court at any time when called upon while the cause is pending and until execution or satisfaction of the order or conviction that may be passed against him therein, and the surety or sureties shall undertake in default of such appearance to pay any sum that may be adjudged against such defendant in the cause, and in default of such security the Court shall commit such offender to gaol or to the custody of the police: Provided, that every person so committed shall be entitled to be forthwith discharged upon his entering into the required security at any time during the proceedings against him for the recovery of such penalty. (10 of 1876, s. 201.)

information.

199. When by any Ordinance relating to the Customs a penalty Penalties is jointly and severally incurred by any number of persons, such joint and several may persons may be proceeded against jointly by one information or be sued for severally by separate informations; and in case of a proceeding by joint and against such several persons by joint information for recovery of several 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

Hearing and

upon informations.

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. (10 of 1876, s. 202.)

200. Upon the exhibition of any information before any Court adjudication having jurisdiction in that behalf, by which any penalty shall be sought to be recovered on account of any offence against this or any other Ordinance relating to the Customs, and where such information shall have been exhibited before such Court within three years next after the date of the offence committed, such Court shall issue the process prescribed by law for bringing the accused party before the Court, and upon his appearance, or if he fail to appear and it be proved that the summons was duly served upon him a reasonable time before the time appointed for his appearance, the Court shall hear and determine such information, and upon proof of the matter contained in such information, either upon the confession of the party, or upon the oath of one or more credible witness or witnesses, shall convict the party charged in such information. (10 of 1876, s. 203.)

Court may mitigate penalties in certain cases.

Penalty and

costs to be stated in convictions, &c.

201. Where any person shall or may be convicted before any Court in any penalty or penalties incurred as aforesaid, the Court may, in cases where upon consideration of the circumstances it shall deem it expedient so to do, and for a first offence only, mitigate the payment of the said penalty or penalties so as the sum to be paid by such person be not less than one-fourth part of the amount of the penalty in which such person shall have been convicted. (10 of 1876, s. 204.)

202. When any person is convicted before any Court, and adjudged to pay a pecuniary penalty for any offence against this or any other Ordinance relating to the Customs, the Court shall state in the conviction, and also in the commitment of such person if committed in default of payment, the amount of costs awarded to be paid by such person, as well as the penalty so adjudged, and shall commit such person until payment of such penalty and costs: Provided that where any person shall have been committed to any prison for non-payment of any such penalty less than one hundred pounds, the gaoler or keeper of such prison is hereby authorised and required to discharge such person at the end of six months from the commencement of his imprisonment. (10 of 1876, s. 205.)

default of

payment of

punishment

203. Where any person shall have been convicted before any Period of imCourt of any offence for which any penalty of one hundred pounds prisonment in or upwards shall have been imposed by this or any other Ordinance relating to the Customs, the said Court may, if it thinks fit, adjudge penalty exthat such person shall, in default of paying such penalty, be im- ceeding £100; prisoned for such offence, if it be a first one for a period of not less where than three nor more than nine months; and if it shall appear that previous such party had been before convicted of any offence against this or conviction. any other Ordinance relating to the Customs, it shall and may be lawful for such Court, if it thinks fit, to order and adjudge that such person shall, on default in payment of such penalty, or in lieu of such penalty, be imprisoned and kept to hard labour for any period not less than six nor more than twelve months. 1876, s. 206.)

(10 of

labour.

204. Where any person shall have been convicted of any offence Court may against this or any other Ordinance relating to the Customs, for commute hard which such person would be liable to hard labour, it shall and may be lawful for the Court before which such person is so convicted, if such person be a female or from physical infirmity incapable of hard labour, to order and adjudge that such person shall in lieu of being subjected to hard labour, be imprisoned for the period during which such person would have been liable to be kept to hard labour, but in all such cases the cause of mitigation shall be stated in the warrant of commitment. (10 of 1876, s. 207.)

As to Proceedings for Forfeitures.

Proceedings for forfeitures.

against.

205. When any information shall have been exhibited for the Appraisement forfeiture of any ship or goods whatsoever seized under this or any of property Ordinance relating to the Customs, there shall be filed with such proceeded information an appraisement or valuation of the property proceeded against made by officers of the Customs or other persons authorised and appointed by the Collector of Customs at the port at or nearest to which such seizure was made, which appraisement shall be sworn to and shall be final as to the value of the property seized so far as such value is material with respect to any question of jurisdiction in the cause. (10 of 1876, s. 208.)

for condemna

206. The Court before which any information shall have been Court to exhibited for the forfeiture of any ship or goods so seized as afore- make rule nisi said, shall make an order to the effect that if no person shall within tion; notice a reasonable time named in such order claim the property mentioned thereof to be in such information, the same shall be condemned; and notice of given. such order shall be given to the party to whom such ship or goods belonged, or from whom they were seized, and such notice directed to the party, being left at his last place of abode, or on board any ship to which such party may belong or have lately belonged, shall be deemed to have been sufficiently served, and if such service can

L.

U

If no claim

of seizures,

decree of condemnation.

not be made, or in addition to such service, if the Court shall deem expedient, notice shall be given to such other person or persons and be otherwise made public as the Court in which the proceedings are pending shall in each particular case direct. (10 of 1876, s. 209.)

207. Every person claiming any ship or goods so seized as aforefor restitution said, shall within the time specified make appearance and claim in the Court where the information shall have been exhibited, and shall set forth the grounds on which he claims right to the restitution of the property seized, and if no such claim is made, the Court, on proof of the due service or publication of the notice as aforesaid, and that the ship or goods are liable to forfeiture under this or any Ordinance relating to the Customs, shall decree the ship or goods to be condemned. (10 of 1876, s. 210.)

Property of perishable

sold.

208. If the goods seized are of a perishable nature, or likely to nature may be injure from keeping, upon proof thereof made at any time after filing of the information, and before final decree or judgment, on appeal, in case of appeal being brought, the Court in which the proceedings are pending may make an order for the sale of such goods, and the proceeds thereof shall be deposited in the hands of the Collector of Customs, or other chief officer of the Customs, to await the final decision of the cause. (10 of 1876, s. 211.)

Bail may be given for seizures.

Hearing and decree upon claims of restitution.

209. When any ship or goods shall have been seized as forfeited under this or any other Ordinance relating to the Customs, the Court having jurisdiction to try and determine such seizures may, with the consent of the Collector of Customs, or other chief officer of Customs, order delivery thereof on security by bond, with two sufficient sureties to answer double the value of the same in case of condemnation, and such bond shall be taken to the use of Her Majesty in the name of the officer of Customs in whose custody the goods or the ship may be lodged, and such bond shall be delivered and kept in the custody of the officer, and in case the goods or the ship shall be condemned, the value thereof and the costs of seizure and detention, and all costs of suit, shall be paid to the Collector of Customs, or to the officer of Customs authorised by him, and such bond shall thereupon be cancelled. (10 of 1876, s. 212.)

210. Where any person shall make claim to the restitution of any ship or goods seized as aforesaid, the Court shall receive the evidence adduced on the part of such claimant and on the part of the seizing officer, and shall hear and determine upon the matter of such seizure, and decree the condemnation or restitution of the ship or goods; and the condemnation of any seizure as forfeited may be proved for all purposes by the production of the decree of condemnation purporting to be signed by the presiding Judge of the Court making such decree or by an office copy of the record of such condemnation. (10 of 1876, s. 213.)

time for appealing.

211. If a decree of condemnation of any ship or goods after a Limitation of claim for restitution thereof shall have been made as aforesaid, or if a decree of restitution of any ship or goods shall be made, the parties shall be entitled to the like review or appeal as is provided in suits between subject and subject: Provided that the party against whom any decree of condemnation or of restitution may have been made as aforesaid, shall file a notice of appeal in the Court making such decree within seven days after the date thereof, and shall obtain leave to appeal and perfect the appeal within seven days thereafter; and if such notice be not filed and leave to appeal obtained and the appeal perfected within the period herein specified, such decree shall be final and conclusive. (10 of 1876, s. 214.)

212. No security upon any appeal shall be required to be given Security on by the Attorney-General or by the Collector of Customs or appeal dispensed with any officer of Customs acting under the authority of the Collector in certain of Customs. (10 of 1876, s. 215.)

cases.

213. If any proceeding shall be instituted against any ship or Security to goods for the recovery of any penalty or forfeiture under this or abide appeal. any Ordinance relating to the Customs, the execution of any decree restoring any ship or goods to the claimant thereof which shall be pronounced by the Court, shall not be suspended by reason of any appeal which shall be prayed and allowed from such decree: Provided that the party appellate shall give sufficient security to render and deliver the ship or goods concerning which such decree shall be pronounced or the full value thereof to be ascertained either by agreement between the parties, or in case the said parties cannot agree, then by appraisement under the authority of the said Court to the party appellant in case the decree so appealed from shall be reversed, and such ship or goods be ultimately condemned. (10 of 1876, s. 216.)

214. In case any information or suit shall be tried for any In suits on cause of forfeiture, and a decree shall be given for the claimant, seizure Judge may certify and it shall appear to the Court or Judge before whom such trial probable was had, or to the Appeal Court in case the judgment may be cause in bar. taken to appeal, that there was a probable cause of seizure, such Court shall certify on the record or other written proceedings that there was such probable cause, and such certificate shall be a bar and may be pleaded as such to any action, information, or other proceeding against the party making such seizure. (10 of 1876, s. 217.)

As to Entry of Appearances and Claims by Owners of Ships and

Goods Seized.

Entry of
Appearances.

215. No claim nor appearance shall be permitted to be entered Claim to be in to any information filed for the forfeiture of any ship or goods name of bond unless such claim or appearance be made by or in the true and fide owner.