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Procedure for penalties.
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247. All suits, prosecutions, or informations for recovery of penalties under the Customs Acts in the High Court of Justice in England, or in any of Her Majesty's Courts of Record at Dublin or Edinburgh, may be commenced either by writ of subpœna 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 the party 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 likewise at the time of such appearing to be bound to Her Majesty, 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 capias 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.
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