Engl. stat. usury; but that every such offence shall or may be laid in any 31 Eliz. c. 5. county at the pleasure of any such informer; anything in this act to the contrary notwithstanding. 1589. 21 JAMES I. c. 4.] Concerning informations upon penal 21 JAMES 1. .statutes. (a) ENGL. [1623.] c. 4. Engl. stat. 1623. upon penal shall be pro the counties where offences poor committed. 21 James I. c. 4. sec. 1.] Whereas the offences against divers Information and sundry penal statutes of this realm may better and with statutes more ease and less charge on the subject be commenced, sued, secuted in informed against, prosecuted, and tried in the counties where such offences shall be committed; And whereas the commons of this realm are grievously charged, troubled, vexed, molested, and disturbed by divers troublesome persons commonly called relators, informers, and promoters, by prosecuting and enforcing them to appear in his majesty's courts at Westminster, and to answer offences supposed by them to be committed against the said penal laws and statutes, or else to compound with them for the same; for remedy whereof, Be it enacted, That all offences hereafter to be committed against any penal statute, for which any common informer or promoter may lawfully ground any popular action, bill, plaint, suit, or information, before justices of assize, justices of nisi prius or gaol delivery, justices of oyer and terminer, or justices of peace in their general or quarter sessions shall be commenced, sued, prosecuted, tried, recovered, and determined by way of action, plaint, bill, information, or indictment before the justices of assize, justices of nisi prius, justices of oyer and terminer, justices of gaol delivery, or before the justices of the peace of every county, city, borough, or town corporate and liberty having power to inquire of, hear, and determine the same within this realm of England, or dominion of Wales, wherein such offences shall be committed, in any of the courts, places of judicature, or liberties aforesaid respectively, only as the choice of the parties which shall or will commence suit, or prosecute for the same, and not elsewhere, save only in the said counties or places usual for those counties, or any of them, and that the like process upon every popular action, bill, plaint, information, or suit to be commenced, or sued, or prosecuted, by force of or according to the purport of this act, be had and awarded to all intents and purposes as in an action of trespass, at the common law; and that all and all manner of informations, actions, bills, plaints, and suits whatsoever, hereafter to be commenced, sued, prosecuted, and rewarded, either by the attorney-general, or his majesty, his heirs or executors, for the time being, or by any (2) See INDICTMENTS. (Post.) c. 4. 21 JAMES I. officer or officers whatsoever for the time being, or by any Engl. stat. common informer, or other person whatsoever in any of his majesty's courts at Westminster, for or concerning any of the offences, penalties, or forfeitures aforesaid shall be void and of none effect, any law, custom, or usage to the contrary thereof notwithstanding. 1623. Upon de fault of the offence was com mitted in the same county, defendant shall be found not guilty. 2. In all informations to be exhibited, and in all bills, counts, proving that plaints, and declarations, in any action or suit to be commenced against any person or persons, either by or on behalf for the king, or any other, for or concerning any offence committed or to be committed against any penal statute, the offence shall be laid and alleged to have been committed in the said county where such offence was in truth committed, and not elsewhere; and if the defendant to any such information, action, or suit pleadeth that he oweth nothing, or that he is not guilty, and the plaintiff or informer in such information, action, or suit upon evidence to the jury that shall try such issue, shall not both prove the offence laid in the said information, action, or suit; and that the same offence was committed in that county, when the defendant and defendants shall be found not guilty. Informer shall make oath that was com mitted in the county where the menced. 3. No officer or minister in any court of record shall receive, file, or enter of record any information, bill or plaint, count or the offence declaration, grounded upon the said penal statutes or any of them, which before by this act are appointed to be heard and determined in their proper counties, until the informer or relator suit is com- hath first taken a corporal oath before some of the judges of that court, that the offence or offences laid in such information, action, suit, or plaint was or were not committed in any other county than where by the said information, bill, plaint, count, or declaration, the same is or are supposed to have been committed, and that he believeth in his conscience, the offence was committed within a year before the information or suit, within the same county where the said information or suit was committed, the same oath to be there entered of record. 5 GEO. IV.] c. 113. British stat. 1844. Petty men, or marines, &c., having offended 5 GEO. IV. c. 113.] Relating to the abolition of the slave trade. BRIT. [24th June, 1824.] 5 Geo. IV. c. 113, sec. 40.] If any person or persons offending officers, sea- as a petty officer, seaman, marine, or servant, against any of the provisions of this act, shall, within two years after the offence committed, give information on oath before any compeand inform tent magistrate against any owner, or part owner, or any owners, cap- captain, master, mate, surgeon, supercargo, of any ship or vessel, who shall have committed any offence against this act, and shall give evidence on oath against such owner, or part ing against tains, or officers of ships, discharged of c. 113. 1824. penalties, owner, captain, master, mate, surgeon, or supercargo, before 5 GRO. IV. any magistrate or court before whom such offender may be British stat. tried; or if such person or persons so offending shall give information to any of his majesty's ambassadors, ministers plenipotentiary, envoys, chargés-d'affaires, consuls, residents, or other &c. agents, so that any person or persons owning such ship or vessel, or navigating or taking charge of the same, as captain, master, mate, surgeon, or supercargo, may be apprehended, such person or persons so giving information and evidence, shall not be liable to any of the pains or penalties under this act incurred, in respect of his offence, and his majesty's ambassadors, ministers plenipotentiary, envoys, chargés-d'affaires, consuls, residents, or other agents, are hereby required to receive any such information as aforesaid, and to transmit the particulars thereof without delay to one of his majesty's principal secretaries of state, and to transmit copies of the same to the commanders of his majesty's ships or vessels then being in the said port or place. 16 and 17 VIC. c. 107.] The customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. Penalties how to be British pos 16 and 17 Vic. c. 107. sec. 183.] Whereas any penalty or 1853. forfeiture shall have been incurred in any of the British posses- and forsions abroad, under this or any other act relating to the customs, feitures, such penalty or forfeiture shall and may be sued for, prosecuted, recovered in recovered, and disposed of in the court of record or of vice- sessions admiralty having jurisdiction in any British possession where the abroad. same may have been incurred or forfeited; but in case there shall be no such court on such British possession, such penalty or forfeiture shall and may be sued for, prosecuted, recovered, and disposed of in the court of record, or of vice-admiralty having jurisdiction in some British possession near to that where such penalty or forfeiture may have been incurred; and all such penalties and forfeitures shall be deemed to be sterling money of Great Britain, and paid accordingly. commenced 186. No suit shall be commenced for the recovery of any Suits to be penalty or forfeiture in the Channel Islands or in any of the in name of British possessions abroad under this or any act relating to the officers. customs except in the name of some officer of the customs or navy, or other person employed as in this act before mentioned or of her majesty's advocate or attorney-general for the place where such suit shall be commenced, and if a question shall arise whether any person is an officer of the customs or navy, or such other person as aforesaid, viva voce evidence may be given of such fact, and shall be deemed legal and sufficient evidence. 16 & 17 VIC. cap. 107. 1853. Jurisdic ties, and how-to be sued for. Proviso. duties and 263. In all suits or proceedings at the suit of the crown for British stat. the recovery of any duty or penalty, or the enforcement of any forfeiture under this or any act relating to the customs, the parties thereto shall be entitled to recover costs against each tion, penal- other in the same manner as if such suits or proceedings forfeitures, were conducted and had between subject and subject, and the like amendments may be made in all such proceedings by the judge or court as may now be made in civil actions; and all duties, penalties, and forfeitures incurred under, or imposed by,. this act or any other act relating to the customs and the liability to forfeiture of any goods seized under the authority thereof, shall and may, except as is hereinafter provided, be sued for, prosecuted, determined, and recovered by action of debt, information, or other appropriate proceeding in the superior courts of common law, at Westminster, Dublin, or Edinburgh, or in the royal courts of the islands of Guernsey, Jersey, Alderney, Sark, or Man, in the name of the attornies-general for England or Ireland respectively, or of the lord advocate of Scotland, or of some officer of customs or excise, and for the recovery or enforcement of any penalty or forfeiture, by information in the name of some officer of customs or excise, before one or more justice or justices in the United Kingdom, or before any governor, deputy governor, or deemster, or other magistrate, in the Isle of Man and the Channel islands: Provided always, That Where the where any goods shall have been seized in the United Kingdom, with regard to which the amount of duties or penalties claimed by the crown shall not exceed the sum of £100, such seizure or penalties shall not be sued for or enforced in any of the said superior courts, but by information before any one or more justice or justices, governor, deputy governor, deemster, or other magistrate as aforesaid, or by information, suit, or other appropriate proceeding in the county courts if in England, the assistant barristers' courts if in Ireland, and the sheriffs' courts if in Scotland, for which purposes the said courts respectively shall have jurisdiction in such cases to the extent of £100, with power to enforce Where suits or mitigate any penalty sought to be recovered unless upon confor recovery sideration of the facts and circumstances of, or the questions of and penal law involved in any case so excepted from the jurisdiction of not exceed the superior courts of common law, it shall appear to the commay be pro- missioners of customs desirable that such case should be tried in a superior court, in which case the said commissioners shall certify their opinion that it is a proper case to be tried in the said superior courts to the commissioners of the treasury, who may thereupon make and issue an order to the said commissioners of customs authorizing them to bring such case in such superior court, and the purport of such order shall be endorsed on any process to be issued out of such court in such case at the suit or prosecution of the crown in the words following:-" By order of the commissioners of her majesty's treasury, this case appearing to them to be a fit case to be tried in her majesty's penalties sought to be recovered shall not exceed £100. of duties ties, though ing £100, secuted before a superior tribunal. court of exchequer," and the same shall confer jurisdiction on 16 & 17 Vic. such superior courts to try such case. c. 107. British stat 1853. option of be insti courts, for duties ties does not £100. 264. It shall be optional for the defendant in any case, except Proceedings as hereinafter provided, where the amount of duties or penalties claimed by the crown shall not exceed the sum of £100, to require defendant to that instead of proceeding against him on account thereof by tated in information before any justice or justices as aforesaid, the pro- superior ceedings shall be brought in a superior court of law, and upon though the the requests in writing of such defendant, delivered to the officer sam claimed by whom the goods shall have been seized, or to the solicitor of and penalcustoms, such proceedings may be instituted in a superior court, exceed for which purpose, on notice by the defendant to the justice or justices if proceedings have been already commenced before them, such justice or justices shall adjourn the case for one week to afford the defendant an opportunity of delivering such request; and in order to confer jurisdiction on such superior court it shall be sufficient to state such request on the back of any process to be issued in such case, in the words following,"On the requisition of defendant, who prefers a trial by one of her majesty's superior courts of law to a trial before justices," and such endorsement on the process, signed by the solicitor of customs, shall be evidence to the court of the same, notwithstanding the provisions hereinbefore contained: Provided, That in any case where proceedings shall have been already commenced before any justice or justices, and the defendant shall be under bail or recognizance to appear before such justice or justices, or in custody for default of such bail, such proceedings shall not be removed, but such justice or justices shall hear and determine the case. jurisdiction sums shall exceed 265. If any suit or prosecution for the recovery or enforce- Justices ment of any penalty or forfeiture, in which the amount of in consent duties or penalties claimed by the crown shall exceed the sum where the of £100, shall have been commenced in any of the said superior claimed courts, the commissioners of customs, at their discretion, may, £100. on the defendant's request in writing to the solicitor of customs, order such suit or prosecution to be brought by information before any justice or justices, whereupon such suit or prosecution in such superior court shall cease, and on the production of an order of any two or more commissioners of customs directing the bringing such proceeding before any justice or justices, they shall receive such information, and in due course proceed to hear and determine the same. joint and sued for 267. When by any act relating to the customs a penalty Penalties jointly and severally incurred by any number of persons, such several may persons may be proceeded against jointly by one information, or by joint and severally by separate informations, as her majesty's attornies several ingeneral for England and Ireland, and as the lord advocate of formation. |