and where the Party to whom such Goods belonged, or from whom they were seized, is known, it shall be lawful for the said Justices, or Governor, Deputy Governor, or Deemster, and he and they is and are hereby authorized and required to summon the said Party, and upon his, her, or their Appearance or Default to proceed to the Examination of the Matter of Fact, and upon due Proof that the said Goods are liable to Forfeiture under this or any Act relating to the Revenue of Customs, to condemn the said Goods; and in case the Party from whom the said Goods have been seized is not known, it shall and may be lawful for the said Justices, or Governor, Deputy Governor, or Deemster, and he or they is and are hereby required, to cause public Notice to be stuck up in the Royal Exchange if the Seizure is made in London, at the Market Cross if in Edinburgh, and at the Royal Exchange if in Dublin, and if the Seizure is made at any other Place, then a Notice shall be publicly read by the public Crier at the next Market Place, stating that the Goods have been so seized, and that the Hearing relative to the same will take place on a certain Day, not being less than Eight Days from the Date of the said Notice; and in default of any Persons Attendance in consequence of the said Notice, the said Justices, or Governor, Deputy Governor, or Deemster, are to proceed to the Hearing and Condemnation of the said Goods as aforesaid. LXXX. AND be it further enacted, That it shall and may be lawful for any Two or more Justices of the Peace, or Governor, Deputy Governor, or Deemster as aforesaid, before whom any Person liable to be arrested and detained, and who shall have been arrested and detained, for being found or discovered to have been on board any Vessel or Boat liable to Forfeiture under this or any other Act relating to the Revenue of Customs, or for unshipping, carrying, conveying, or concealing, or aiding, assisting, or being concerned in unshipping, carrying, conveying, or concealing any Spirits or Tobacco liable to Forfeiture under this or any such Act, shall be carried, on the Confession of such Person of such Offence, or on Proof thereof upon the Oaths of One or more credible Witness or Witnesses, to convict such Person of any such Offence; and every such Person so convicted as aforesaid shall immediately upon such Conviction pay into the Hands of such Justices, or Governor, Deputy Governor, or Deemster, for the Use of His Majesty, the Penalty of One hundred Jurisdiction. Persons de tained for cerpay 100%, or if seafaring Men, to be sent into tain Offences, to the Naval Ser vice. Jurisdiction, Pounds, without any Mitigation whatever, for any such Offence of which he shall be so convicted as aforesaid; or in default thereof the said Justices, or Governor, Deputy Governor, or Deemster, shall and he and they is and are hereby respectively authorized and required, by Warrant under his or their Hand and Seal or Hands and Seals, to commit such Person so convicted as aforesaid and making such Default as aforesaid, to any Gaol or Prison, there to remain until such Penalty shall be paid: Provided, that if the Person convicted of any such Offence or Offences shall be a Seaman or seafaring Man, and fit and able to serve His Majesty in His Naval Service, and shall not prove that he is not a Subject of His Majesty, it shall and may be lawful for any such Justices, or Governor, Deputy Governor, or Deemster, and he and they is and are hereby required, in lieu of such Penalty, by Warrant under his or their Hand and Seal or Hands and Seals, to order any Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or Officer of Customs or Excise, to carry or convey, or cause to be carried or conveyed, such Person on board of any of His Majesty's Ships, in order to his serving His Majesty in His Naval Service for the Term of Five Years; and if such Person shall at any Time within that Period by any Means escape or desert from such Custody or Service respectively, he shall be liable at any Time or Times afterwards to be again arrested and detained by any Officer of the Customs, or any other Person, and delivered over as aforesaid to complete his Service of Five Years: Provided also, that if it shall be made to appear to any such Justices, or Governor, Deputy Governor, or Deemster, that convenient Arrangement connot be made at the Time of the Conviction of the said Party, for immediately carrying or conveying such Seaman or seafaring Man, so convicted as aforesaid, on board any of His Majesty's Ships in order to serve His Majesty, it shall and may be lawful for any such Justices, or Governor, Deputy Governor, or Deemster, to commit any such Seaman or seafaring Man so convicted as aforesaid to any Prison or Gaol, there to remain in safe Custody for any Period not exceeding One Month, in order that Time may be given to make Arrangements for so conveying such Seaman or seafaring Man on board any of His Majesty's Ships as aforesaid: Provided also, that the Commissioners of His Majesty's Treasury, or any Three or more of them, shall have full Power and Authority to remit or mitigate any such Penalty, Punishment, or Service as aforesaid, whether the Parties shall be seafaring Men or Jurisdiction. otherwise. If on Examination of Persons sent on board His Majesty's be found unfit, Ships, they shall convicted and veyed before convicted in default of Payment, to be sent to Gaol. 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 to be again conAccount 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, Informations, Persons arrested for certain Ofdetained by Or. der of Justices. fences may be Jurisdiction. Capias may is sue against Per sons sued under this Act. Persons arrested on Capias and not pleading, Judgment may Issue. 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. LXXXIV. AND be it further enacted, That whenever 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 in 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 appearing 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. LXXXV. AND be it further enacted, That if any Person against whom a Capias shall issue out of any 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 Judg- Jurisdiction. ment 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. LXXXVI. AND be it further enacted, That in case any Person arrested and imprisoned (1) by virtue of any Writ of Capias as aforesaid, shall make Affidavit before 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 any Writ of Capias, or other Process, shall issue out of any Court, directed to any Sheriff, Mayor, Bailiff, or other Persons not defend Suits in worth 51. may formâ pauperis. Sheriff to grant of the Solicitors |