c. 107. &17 Vic. purporting to be [here state the nature of the document generally], British stat. contrary to sec. 198. of " The customs consolidation act, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. 1853. On sec. 198. On sec. 203. On sec. 220. n sec. 223. On sec. 229, On sec. 29 Count 8. That C. D. did fraudulently alter [or counterfeit, as the case may be] the seal, signature, initials, or mark of or used by an officer of customs, contrary to sec. 198 of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. Count 9. where That a certain vessel or boat called the of C.D. was owner, [or master, as the case may be,] was unlawfully used in importing, landing, removing, carrying, or conveying of certain uncustomed or prohibited goods; to wit, [here mention generally the goods,] contrary sec. 203. of "The customs consolidation act, 1853," whereby the said C. D. has forfeited the sum of which the commissioners of customs have directed to be sued for in this case. , Count 10. That C. D. was driving or conducting a cart, waggon, or other conveyance, and refused to stop, or to allow the examination thereof, when required in the queen's name, contrary to sec. 220. of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. Count 11. That C.D., an officer of police, having detained certain goods, to wit, [here mention generally the goods,] on suspicion of their being stolen, neglected to convey the same to the proper warehouse, [or neglected to give notice thereof to the commissioners of customs, as the case may be,] contrary to sec. 225. of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of twenty pounds. Count 12. That C. D. obstructed a person duly employed for the prevention of smuggling, contrary to sec. 229 of" The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of one hundred pounds. Couut 13, That C. D. denied the possession of certain foreign goods, to wit [here mention generally the goods] which were afterwards c. 107. found to be [or "to have been," as the case may be] in his poses- 16 & 17 Vic. sion, contrary to sec. 329. of "The customs' consolidatian act, British stat. 1853," whereby the said C. D. has forfeited the sum of being treble the value of the said goods. 1853. Count 14. That C. D. an officer of did, without reasonable On sec. 231. ground require a certain person, to wit, one E. F. to be searched contrary to sec. 231 of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of ten pounds. Count 15. That C. D. was concerned in importing certain prohibited or on sec. 232. restricted goods, to wit [here mention generally the goods], contrary to sec. 232 of "The customs consolidation act, 1853," whereby the said C. D. has forfeited the sum of being treble the value of the said goods [or "the penalty of one hundred pounds," as the case may be], for which the commissioners of customs have elected to sue. Count 16. That C. D. was concerned in unshipping or otherwise dealing on sec. 232. with certain prohibited, restricted, or uncustomed goods, to wit [here mention generally the goods] contrary to sec. 232. of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of being treble the value of the said goods (or "the penalty of hundred pounds," as the case may be), for which the commissioners of customs have elected to suc. Count 17. That C. D. was concerned in the illegal removal of certain on se . 232. goods, to wit [here mention generally the goods] from a warehouse or otherwise illegally dealing with the same after they had been so removed contrary to the provisions of 232 sec. of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of being treble the value of the said goods (or "the penalty of one hundred pounds," as the case may be) for which the commissioners of customs have elected to sue. Count 18. That C. D. was knowingly concerned in evading duties of on sec. 232. customs upon or in dealing with certain goods to wit [here mention generally the goods], with intent to defraud her majesty of the duties of customs in respect thereof contrary to sec. 232" of The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of being treble the value of the goods (or "the penalty of one hundred pounds," as the case may be for which the commissioners of customs have elected to sue. 16 & 17 VIC. c. 107. British stat. 1853. Count 19. That C. D. was concerned in the removal of certain goods to wit [here mention generally the goods], or otherwise dealing with On sec. 233. the same, contrary to sec. 233. of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum of being treble the value of the said goods (or "the penalty of one hundred pounds," as the case may be), for which the commissioners of customs have elected to sue. Count 20. On sec. 241. That C. D. offered certain goods for sale to wit, [here mention generally the goods], contrary to sec. 241 of "The customs' consolidation act, 1853," whereby the said C. D. has forfeited the sum being treble the value of the said goods. Оп вес. 247. On sec. 247. On Ecc. 274. of Count 21. That C. D. was concerned in the assembling of persons, contrary to sec. 247 of "The customs' consolidation act, 1853," whereby the said C. D. has become liable to be imprisoned as is therein directed. Count 22. That C. D. obstructed persons employed for the prevention of smuggling, or was concerned in the rescue or attempt at rescue of seized goods, or in the destruction or attempt at destruction thereof contrary to sec. 247 of "The customs' consolidation act, 1853," whereby the said C. D. has become liable to be imprisoned as is therein directed. Count 23. That certain goods, to wit [here mention generally the goods], day of were seized on the Count 24. That C.D., being summoned as a witness, did neglect or refuse to appear, or having appeared, did refuse to take oath or affirm, or give evidence, or answer, contrary to sec. 274. of "The customs' consolidation act, 1853," whereby the said C.D. has forfeited the sum of 16 and 17 VIC. c. 131.] To amend various laws relating to 16 & 17 Vic. merchant seamen. BRIT. [August 20th, 1853.] c. 131. British stat. 1853. in Scotland. 16 and 17 Vic. c. 131, sec. 55.] All prosecutions, complaints, Summary actions, or proceedings, whether of a criminal or civil nature proceedings under any of the imperial acts 7, and 8 Vic. c. 112; 8 and 9 Vic. c. 116; 13 and 14 Vic. c. 93; 14 and 15 Vic. c. 96; 14 and 15 Vic. c. 79; and 14 and 15 Vic. c. 102; other than prosecutions for offences described as misdemeanors, or punishable by transportation may be brought in a summary form before the sheriff of the county or before any two justices of the peace of the county or borough where the cause of such prosecution or action arises, or where the offender or defender may be for the time. how to be 56. All penalties imposed by the said acts may be sued for Penalties in and recovered, with the costs of prosecution, before the sheriff Scotland, or any two justices as aforesaid, at the instance of the party to sued. whom such penalty is made payable in whole or in part, with concurrence of the procurator fiscal of court, or at the instance of the procurator fiscal of court where such penalty is not made payable either in whole or in part to any private party. complaint 57. All prosecutions, complaints, actions, or other proceedings Form of under the said acts may be brought either in a written or a in Scotland. printed form or partly written and partly printed; and where such proceedings are brought in a summary form it shall not be necessary in the complaint to recite or set forth the clause or clauses of the act on which such proceeding is founded, but it shall be sufficient to specify or refer to such clause or clauses, and to set forth shortly the cause of complaint or action and the remedy sought; and when such complaint or action is brought in whole or in part for the enforcement of a pecuniary debt or demand the complaint may contain a prayer for warrant to arrest upon the dependence. justices may 60. In all proceedings under the said acts the sheriffs or Sheriff or justices of the peace shall have the same power of compelling: attendance of witnesses and slavers as in cases falling under their attendance ordinary jurisdiction. of witnesses and glavers. 6 WM. IV. c. 32. II. SUMMONS-WARRANT. 6 WM. IV. c. 32.] For the more effectual protection of persons Island Act. and property. 1836. Persons summoned, and not &c., justice to hear and determine ex parte, or to issue warrant for sion, and upon con viction party ISLD. [June 15, 1836.] 6 Wm. IV. c. 32, sec. 12.] For the more effectual preservation of the peace and speedy prosecution of offences, punishable upon summary conviction by virtue of this act, and that there may be no denial of justice to any person on any pretext whatsoever: Be it enacted, That where any person shall be charged, on the oath of a credible witness, whether it be verbal or writappearing, ten, before any justice of the peace, with -any offence, such justice may summon the person charged to appear before any two justices of the peace, at a reasonable time and place to be named in the summons, or by a peace officer under his direction, apprehen- who shall give verbal notice of the same to such person; and if the person so summoned or notified shall not appear accordingly, then (upon proof of the due service of the summons upon such accused to person, or verbal notice to the same effect given to him to attend) the justice may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person, and bringing him or her before them, or the justice, before whom the charge shall be made, may (if he shall so think fit) issue such warrant in the first instance without any previous summons; and the person convicted of any offence by virtue of this act shall pay the legal costs of summons and warrant which shall have been issued for his or her appearance: Provided always, and be it enacted, That the prosecution for every offence punishable on summary conviction by virtue of this act shall be commenced within three calendar months after the commission of the offence and not otherwise. pay costs. Proviso. 7 WM. IV. British stat. 1837. What shall be deemed a service of summons. 7 WM. IV. and 1 Vic. c. 36.] For consolidating the laws relative to offences against the Post Office. BRIT. [July 12, 1837.] 7 Wm. IV. and 1 Vic. c. 36, sec. 18.] A summons issued by a justice of the peace requiring a defendant or a witness, or a justice's other person, to appear before him or any other justice, with reference to an information, complaint, or other proceeding, for the recovery of any postage, postage debt, or penalty, under the Post Office acts, shall be deemed to be sufficiently served, in case either the summons or a copy thereof, be served personally upon the person as aforesaid, or be left at his usual or last |
