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45 G. 3. c. 121. § 7.
47 G. 3. ft. 2. c. 66. § 15.
Persons liable to be detained under recited Acts, who shall be found unfit to serve in the Navy, shall forfeit 100l. &c. and may be held to Bail, or committed by a Justice of Peace.
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III. ‘And Whereas by the said Act made in the Forty-fifth Year of the Reign of His present Majesty, it was enacted, that every Person being a Subject of His Majesty who should be found or taken on board, or discovered to have been on board any Ship, Vessel, or Boat liable to Forfeiture as therein mentioned, and who should not prove that he was only a Passenger on board such Ship, Vessel, or Boat, and every Person found aiding or assisting in unshipping to be laid on Land, or found carrying, conveying, concealing, or assisting in the carrying away, conveying, or concealing any Foreign Brandy, Rum, Geneva, or Spirits, in that Act mentioned, should forfeit for every such Offence either Treble the Value of the Goods that should be found or taken from such Person or Persons, or the Sum of One hundred Pounds, at the Option and subject to the Election therein mentioned; and that it should be lawful for any Officer or Officers of the Army, Navy, Marincs, Customs, or Excise, and he and they was and were thereby authorized, empowered, and required to stop, arrest, and detain every such Person being a Subject of His Majesty, and to convey the said Person before One or more of His Majesty’s Justices of the Peace residing near to the Port or Place into which such Ship, Vessel, or Boat should be taken or carried, or near to the Place where any such Person should be so taken or arrested, and it should be lawful for such Justice or Justices of the Peace, and he and they was and were thereby required upon Proof on Oath by One or more credible Witness or Witnesses, that such Person was so found or taken, or discovered as aforesaid, unless any such Person found or taken or having been on board of any such Ship, Vessel, or Boat, should prove to the Satisfaction of such Justice that he was only a Passenger on board such Ship, Vessel, or Boat, to hold such Person to bail with Two good and sufficient Sureties in the Sum of One hundred Pounds each for the Appearance of such Person to answer to any Indictment or Information that might be brought against him in that Behalf, and to pay such Penalty and abide any Judgment for any such Offence, and in default of any such Person finding such good and sufficient Bail as aforesaid, or until the same should be found, to commit such Person to any Gaol or Prison or House of Correction to answer as aforesaid; and it is by the said Act provided, that if any such Person so found or discovered and taken as aforesaid, should be capable and desirous of entering and serving as a Seaman or Marine in any of His Majesty’s Ships of War, it should be lawful for the Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise by whom such Person was taken, arrested, and detained as aforesaid, or for any Justice of the Peace or Magistrate before whom any such Person might be carried, and such Officer or Officers was and were thereby authorized, empowered, and required instead of taking such Person before any Justice or Magistrate, and such Justice or Magistrate was thereby authorized instead of holding any such Person to bail, to carry and convey, or cause to be carried or conveyed such Person on board any of His Majesty’s Ships of War in order to his being entered and received as a Seaman or Marine: And whereas by the said Act made in the Forty-seventh Year of the Reign of His present Majesty, it was enacted, that it shall and may be lawful for any Officer of the Army, Navy, or Marines, or of the Customs or Excise, to detain, or to take and carry any such Person as is therein mentioned, and every Person liable to be arrested and detained under that Act or the said Act made in the Forty-fifth Year of the Reign of His present Majesty, being a Seaman or Seafaring Man, to any Ship or Vessel of War in His Majesty’s Service, or to the Custody of any Officer employed in His Majesty’s imprest Service, and that any such Person being such Seaman or Seafaring Man as aforesaid, might thereupon, if fit and able to serve His Majesty, be impressed into His Majesty’s Naval Service: And whereas some of the Persons so liable to be arrested may be not fit or able to serve His Majesty in his Naval Service, and it is therefore expedient to make such Provision as is herein-after mentioned with regard to such Persons;’ Be it therefore enacted, That from and after the passing of this Act, when any Person liable to be arrested or detained, and arrested or detained, under the said last-mentioned Acts or either of them, shall be found not fit or able to serve His Majesty in his Naval Service, and shall be refused by any proper Naval Officer to be received into any such Naval Service, every such Person shall forfeit and lose the Sum of One hundred Pounds; and it shall and may be lawful to and for any Officer or Officers of the Army, Navy, Marines, Customs, or Excise, and he and they is and are hereby authorized, empowered, and required to convey the said Person before One or more of His Majesty’s Justice or Justices of the Peace, and it shall and may be lawful to and for such Justice or Justices of the Peace, and he and they is and are hereby required upon Proof on Oath by One or more credible Witness or Witnesses, that such Person was so liable to be arrested or detained, and has been so refused as being not fit or able to so serve His Majesty, to hold such Person to bail with Two or more good and sufficient Sureties in the Sum of One hundred Pounds each, for the Appearance of such Person to answer to any Information that may be brought or exhibited against him in that Behalf, and to pay such Penalty, and in default of any such Person finding such good and sufficient Bail as aforesaid, or until the same shall be found, it shall and may be lawful to and for such Justice or Justices to commit such Person to any Gaol or Prison or House of Correction, there to remain until he shall pay the said Penalty, or be delivered by due Course of Law.
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