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Averment that the Commissioners of Customs or Excise had made their Option in the Recovery of Penalties under 45 G. 3. c. 121. § 7. sufficient Proof of their Determination.
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XXXVIII. ‘And Whereas by the said Act passed in the Forty-fifth Year of the Reign of His present Majesty, intituled, An Act for the more effectual Prevention of Smuggling, it was, amongst other Things, 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, 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, conveying, or concealing any Foreign Brandy, Rum, Geneva, or Spirits subject to Forfeiture under the said Act, or any Law or Act relating to the Revenue of Customs or Excise in the United Kingdom, 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 and Discretion of the Commissioners of Customs or Excise respectively, who should direct any Prosecution or Suit to be commenced against any such Person: And Whereas Offenders against the said Act have escaped by reason of the Necessity of giving or adducing legal Evidence, that the said Commissioners of Customs or Excise respectively had made their Option or Election, ore exercised their Discretion to sue for the said Penalty of Treble the Value of the Goods found or taken from such Person or Persons, or the Sum of One hundred Pounds;’ be it therefore further enacted, That from and after the passing of this Act the Statement, Allegation, or Averment of the Fact, that the said Commissioners of the Customs or Excise respectively had made such Option or Election, or exercised such Discretion, in the Information or Complaint for the Recovery of such Penalty, shall be, and shall be deemed and taken to be, sufficient Evidence to found or warrant a Conviction on such Information or Complaint, without any other or further Evidence of the Fact, that the said Commissioners of Customs or Excise respectively had made such Option or Election, or exercised such Discretion.
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