No. CXIII. 3 Geo. IV. c. 45. Duties not payable if the Arti XIII. Provided always, and be it further enacted, That if upon the importation of any article charged with duty by this Act the said article shall also be liable to the payment of duty under the authority of any colonial law equal to or exceeding in amount the duty charged upon such article by this Act, then and in such case the duty charged upon such article by this Act shall not be demanded or paid upon the importation of such article: Provided also, that if the duty payable under such colonial law shall be less in amount than the duty payable by this Act, then and in such case the difference only in the amount of the duty payable by this Act, and the duty payable under the authority of such colonial law shall be deemed to be the duty payable by this Act, and the same shall be collected and paid in such and the like manner and appropriated and applied to such and the like uses as the duties specified in the said schedule annexed to this Act marked B. are directed to be collected paid appropriated and applied. cles are liable to a Colonial Duty equal in amount to the Duties hereby charged. If Colonial Duty be less, the Difference only to be paid. Duties Penal ties and For feitures to be XIV. And be it further enacted, That all sums of money granted and imposed by this Act either as duties penalties or forfeitures shall be deemed and are hereby declared to be sterling money of Great Britain, Sterling Money and shall be collected recovered and paid to the amount of the value which such nominal sums bear in Great Britain; and that such monies may be received and taken according to the proportion and value of five shillings and sixpence the ounce in silver. at a certain Rate. Recovery and General Issue. Treble Costs. XV. And be it further enacted, That all and every the goods or commodities and all ships or vessels forfeited by this Act shall and may be seized by the commander or commanders of any of his Majesty's ships or vessels of war, or any commissioned warrant or petty officer specially authorized by him or them, or by any officer or officers of his Majesty's customs; and that every forfeiture and penalty incurred by this Act shall and may respectively be sued for prosecuted and recovered in such courts and by such and the like ways means and methods, and the produce thereof respectively disposed of and applied in such and the like manner, and to such and the like uses and purposes as any forfeiture or penalty incurred by any law respecting the revenue of the customs may now be sued for prosecuted or recovered, disposed of and applied either in this kingdom or in any of his Majesty's dominions in America or the West Indies respectively as the case may happen to be. XVI. And be it further enacted, That if any person or persons shall be sued or prosecuted for any thing done or to be done in pursuance of this Act, such person or persons may plead the general issue and give this Act and the special matter in evidence; and if the plaintiff or plaintiffs prosecutor or prosecutors shall become nonsuit or forbear the prosecution, or discontinue his her or their action, or if a verdict shall pass against him her or them the defendant shall have treble costs, and shall have the like remedy for the saine as in cases where costs are by law given to defendants. Schedules to which this Act refers. (SCHEDULE A.) A Schedule of Articles allowed to be exported from Ports in Europe or in Africa to any of his Majesty's Colonies Plantations or Islands in America or the West Indies. A Schedule of Duties payable on Articles imported into his Majesty's all other Descriptions Mill Timber, the like for every 1,000 per 1,000 Feet Shingles, for every 1,000, not exceeding 12 Inches in Length Staves, Oak, Red or White Wood Hoops 1180745 11100010 0 14 O 3 Alabaster £. s. d. No. CXIV. 3 Geo. IV. c. 110. [No.CXIV.] 3 Geo. IV. c. 110.-An Act to amend the Laws for the Prevention of Smuggling.-[5th August 1822.] WHEREAS by an Act passed in the Fifty-seventh year of the reign any of His late Majesty King George the Third, intituled An Act to 57 G. 3. c. 87. 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 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 VOL. II. * P No. CXIV. c. 110. So much of re- 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 imprisioned, 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 herein-before 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 herein-before 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 Imprisonment, service, shall immediately, upon such conviction, pay into the hands of such or Impress- officer the penalty of one hundred pounds for every such offence of which he ment, in the shall be so convicted as aforesaid, or in default thereof, the said Justice or Manner herein 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 in paying Penal- Justices before brought, shall, on Conviction, order Punish- mentioned. |