Smuggling Act, 1822
SMUGGLING ACT 1822 | ||
C A P. CX. | ||
An Act to amend the Laws for the Prevention of Smuggling. [5th August 1822.] | ||
57 G.3. c.87. | ||
§ 5. | ||
Repealed. | ||
Justices before whom Offenders against Acts for Prevention of Smuggling shall be brought, shall, on Conviction, order Punishment by Fire, Imprisonment or Impressment, in the manner herein mentioned. | ||
Offenders escaping. | ||
Proviso where Offenders cannot be immediately carried on board His Majesty’s Ships. | ||
Treasury may mitigate Punishment. | ||
Bail. | ||
‘Whereas by an Act passed in the Fifty seventh Year of the Reign of His late Majesty King George the Third, intituled An Act to amend Two Acts passed in the Forty fifth Year of His present Majesty, and in the last Session of Parliament, for the making more effectual Provision for the Prevention of Smuggling, it is enacted, That it shall and may be lawful to and for any Justice or Justices of the Peace, before whom any Person so arrested as therein mentioned, being a Subject of His Majesty, and not being fit and able to serve His Majesty in His Naval Service, shall be carried, on the Confession of any such Person of any such Offence as therein mentioned, with which he may be charged in any Information or Complaint, to be then and there laid or exhibited by any Officer of Customs or Excise against him, or on Proof thereof on the Oath of One or more credible Witness or Witnesses, to convict such Person in such Penalty respectively as therein mentioned; and every such Person so convicted as aforesaid shall, immediately on such Conviction, pay down into the Hands of such Officer the said Penalty in which he or she shall be so convicted; and if any such Person or Persons so convicted shall not forthwith pay down the said Penalty, the said Justice or Justices shall, and he and they is and are by the said Act respectively authorized and required, by Warrant under his or their Hand and Seal, to commit the Person so convicted as aforesaid to any Gaol or Prison, or House of Correction, until such Penalty shall be paid; and that in all cases where any Person liable to be arrested under any of the Acts made for the Prevention of Smuggling, shall be fit and able to serve His Majesty in His Naval Service, and liable under the said Acts, or any of them, to be impressed into such Service, every such Person so arrested shall be taken before such Justice or Justices as aforesaid, and shall upon such Proof as by the said Act of the Forty fifth Year aforesaid therein mentioned, or any other Act, is required, be committed by such Justice or Justices to Prison, to answer such Information and abide such Judgment as may be thereon given against him in that Behalf; and that it shall and may be lawful for the Gaoler or Keeper of any Prison or House of Correction in which such Person shall be so imprisoned, or for any Officer of Customs or Excise, on the Order of the Commissioners of Customs or Excise respectively directing the Prosecution, to such Gaoler or Keeper and Officer respectively, to carry and convey, or cause to be carried or conveyed, any such Person on board of any of His Majesty’s Ships of War, in order to his being impressed into His Majesty’s Naval Service; and if such Person shall at any Time or Times after any such Commitment as aforesaid, and before the Expiration of Five Years from the Time of his Arrest, escape or desert from or leave such Custody or Service, he shall, over and beside all Punishment to which he shall be subject for such Desertion, be liable to be at any Time or Times afterwards again arrested and imprisoned, or delivered over as aforesaid: And Whereas it is expedient that so much of the said Act as is hereinbefore recited shall be repealed, and other Provisions made in lieu thereof:’ Be it therefore enacted by the King’s most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of the said Act of the Fifty seventh Year aforesaid, as is hereinbefore recited, shall be and the same is hereby repealed; and that from and after the passing of this Act, it shall and may be lawful in and throughout the United Kingdom of Great Britain and Ireland, to and for any Justice or Justices of the Peace before whom any Person liable to be arrested, and arrested under any of the Acts made for the Prevention of Smuggling, shall be carried, on the Confession of such Person of the Offence or Offences for which he shall be so detained, and with which he shall be charged in any Information or Complaint then and there exhibited or made by any Officer of Customs or Excise, or any other Officer or Person employed for the Prevention of Smuggling, against him, or on Proof thereof upon the Oath of One or more credible Witness or Witnesses, to convict in the Forms or to the Effect specified in the Schedule hereto annexed, such Person of such Offence or Offences; and every such Person so convicted as aforesaid, who shall not be a Seaman or Seafaring Man, or being such Seaman or Seafaring Man shall not be fit and able to serve His Majesty in his Naval Service, shall immediately, upon such Conviction, pay into the Hands of such Officer the Penalty of One hundred Pounds for every such Offence of which he shall be so convicted as aforesaid, or in Default thereof, the said Justice or Justices shall and he and they is and are hereby respectively authorized and required, by Warrant under his and 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 or House of Correction, there to remain until every such Penalty for every such Offence of which he shall be so convicted shall be paid, such One hundred Pounds to be levied and applied as the Penalty hereby repealed; and if the Person so convicted as aforesaid shall be a Seaman or Seafaring Man, and fit and able to serve His Majesty in His Naval Service, and liable, under the said Acts, or any of them, for the Offence or Offences of which he shall be so convicted as aforesaid, to be impressed into such Service, and shall not prove that he is not a Subject of His Majesty, it shall and may be lawful for any such Officer or Person as aforesaid, and he and they is and are hereby required, upon such Conviction of such Person as aforesaid, 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; and if such Person shall at any Time or Times after such Conviction as aforesaid, and before the Expiration of Five Years from the Time of such Conviction, by any means escape or desert from such Custody or Service respectively, so as not to complete the Service of Five Years in His Majesty’s Navy, according to the true Intent and Meaning of this Act, he shall, over and above all Punishment to which he shall be subject for Desertion, be liable to be at any Time or Times afterwards again arrested and delivered over as aforesaid: Provided always, that if it shall be made appear to any such Justice or Justices, that convenient Arrangements cannot be at once made for 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 Justice or Justices, and he or they are hereby required 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 Seamen or Seafaring Men on board any of His Majesty’s Ships as aforesaid: Provided always, 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 otherwise; provided that no Justice or Justices shall accept or receive any Bail for any Person liable to be arrested, and arrested as aforesaid; any thing in this or any other Act or Acts to the contrary thereof notwithstanding. |