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Persons arrested under this or former Acts, and found not fit for the Navy, Penalty loci.
57 G. 3. c. 87.
§ 6.
If not paid, imprisoned.
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III. ‘And Whereas by an Act passed in the Fifty seventh Year of the Reign of His present Majesty, intituled An Act to 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 amongst other things enacted, 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 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 imprisoned, 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 Whereas it has been in many Instances found that Persons so carried and conveyed on board a Ship of War have, on their Examination by the proper Naval Officer, been deemed unfit for His Majesty’s Naval Service;’ Be it therefore enacted, That from and after the passing of this Act, when any Person so committed as aforesaid and taken on board a Ship of War 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 such Naval Service, every such Person shall forfeit and lose the Sum of One hundred Pounds; and the Gaoler, Keeper or other Officer who so carried and conveyed the said Person on board the said Ship of War, shall reconvey the said Person before the said Justice or Justices of the Peace who had previously, on Proof as required by Law, committed the said Person to Prison, and the said Justice or Justices is and are hereby authorised and required, to convict the said Person in the said Penalty of One hundred Pounds; and every such Person so convicted as aforesaid shall immediately on such Conviction pay down into the Hands of the said Officer who detained the said Person, or into the Hands of the Justice or Justices, to be applied according to Law, the said Penalty in which he shall be so convicted; and if any such Person so convicted shall not forthwith pay down the said Penalty, the said Justice or Justices shall and he and they is and are hereby respectively authorised and required, by Warrant under 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.
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