PUBLIC RECORD OFFICE
Reference :-
ALLY WITHOUT PERMISSION OF THE
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(c.) in any case, to forfeit to Her Majesty every chattel, article, instrument, or thing which by the principal Act is declared to be forfeited to Her Majesty, and also all goods and things by means of or in relation to which the offence has bern committed, and the court of summary jurisdiction shall have the like respect to forfeited articles as are conferred upon the court mentioned in the powers with principal Act.
(2.) If any person feels aggrieved by any conviction made by a court of summary jurisdiction under the principal Act or this Act, he may appeal therefrom to a court of quarter sessions.
(3.) Any offence for which a person is, under the principal Act or this Act, liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Act by a court of suminary jurisdiction may be forfeited in 42 & 43 Vict. manner provided by the Summary Jurisdiction Acts.
c. 49. Defendant may give evidence.
Punishment of acces- sories.
Search warrant.
Prohibition
11. In any prosecution for an offence against the principal Act or this Act, the defendant, and his wife or her husband, as the case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness.
12. Any person who, being within the United Kingdom, procures, counsels, aids, abets, or is accessory to the commission, without the United Kingdom, of any act which, if committed in the United Kingdom, would, under the principal Act, as amended by this Act, be a misdemeanor, shall be guilty of that misdemeanor as a principal, and be liable to be indicted, proceeded against, tried, and convicted in any county or place in the United Kingdom in which he may be, as if the misdemeanor had been there committed.
13. Where, upon information for an offence against the principal Act as amended by this Act, a justice has issued either a summons requiring the defendant charged by such information to appear to answer to the same, or a warrant for the arrest of such defendant, and either the said justice on or after issuing the summons or warrant, or any other justice, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such justice may issue a warrant under his hand by virtue of which it shall be lawful for any constable named or referred to in the warrant, to enter such house, premises, or place at any reasonable time by day, and to search there for and scize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a court of summary jurisdiction for the purpose of its being determined whether the same are or are not liable to forfeiture under the principal Act or this Act.
14. Whereas it is expedient to make further provision for the prohibition on on importa- importation of goods which are liable to forfeiture under the principal Act or this
Act; be it therefore enacted as follows:
tion.
(1.) All goods liable to forfeiture under the principal Act or this Act are hereby prohibited to be imported into the United Kingdom, and, subject to the provisions of this section, shall be included among goods prohibited to be imported as if they were specified in section forty-two of the Customs Consolidation Act, 1876. (2.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof, the Commissioners of Customs may require the regula- tions under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy themselves in accordance with those regulations that an offence has been committed against the principal Act or this Act in regard to such goods.
(3.) The Commissioners of Customs may from time to time make, revoke and vary, regulations, either general or special, respecting the detention and forfeiture of goods liable to forfeiture under this section, and the conditions to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence. (4.) Such regulations may apply to all goods liable to forfeiture under this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods.
(5.) The Commissioners of Customs, in making and in administering the regulations, and generally in the administration of this section, whether in the exercise of any
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discretion or opinion, or otherwise, shall act under the control of the Commis- sioners of Her Majesty's Treasury.
(6.) The regulations may provide for the informant reimbursing the Commissioners of Customs all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention. (7.) Goods brought from the Channel Islands to any port of the United Kingdom
shall be deemed for the purposes of this section to be imported.
(8.) This section shall have effect as if it were part of the Customs Consolidation Act, 1876, and shall apply to the Isle of Man as if it were part of the United Kingdom.
15. In the application of this Act to Scotland the following modifications shall be Application made:-
The expression "Summary Jurisdiction Acts 1864, and any Acts amending the same.
of Act to
means the Summary Procedure Act, Scotland.
The expression "court of summary jurisdiction" means the Sheriff Court, and all jurisdiction necessary for the purpose of this Act is hereby conferred on sheriffs. The appeal from summary conviction shall be to the sheriff."
16. In the application of this Act to Ireland, the following modifications shall be Application made:-
of Act to
The expression "Summary Jurisdiction Acts means, so far as respects the police Ireland.
district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace of such district, and as regards the rest of Ireland means the Petty Sessions (Ireland) Act, 1851, and any Act amending the same.
The expression "court of summary jurisdiction" means justices acting under thosc
Acts.
17. Sections fifteen, sixteen, and seventeen of the principal Act are hereby repealed, Repeal. bnt this repeal shall not affect anything previously done or suffered nor any proceedings pending at the passing of this Act."
SECTION V.—MISCELLANEOUS.
No. 49.
PRESERVATION OF LIFE AT SEA.
COLONIAL OFFICE MEMORANDUM.
IN 1882-83, Mr. J. Wilks, President of the Royal Humane Society of Austra- lasia, visited England, and had interviews with Lord Kimberley, Mr. Chamberlain, and the officials of the Board of Trade. His object was to point out the necessity for an amendment of the laws relating to the mercantile marine in the following direction :
"That the provisions regarding the number and capacity of boats to be carried by steamers should be based upon the maximum number of passengers and crew allowed to be carried, and not upon the tonnage of the ships, and should require that a larger proportion of such boats should be lifeboats, and fitted with the most approved patent lowering apparatus; that more stringent provision be made with respect to the keeping of auch boats in a position and state fit for immediate use; that in the case of ships carrying more than 150 passengers, life-rafts or other apparatus in addition to boats should be carried; that the number of life-buoys to be carried on board ships should be regulated by a scale according to the number of passengers and crew allowed to be carried by such a ship; that a clause should be inserted requiring the master of every ship to provide a life-jacket for every passenger and sailor allowed to be carried, and that such life-jacket should be placed inside each berth; that proper provision be made that sailing ships carrying passengers should be provided with fire-hose and distress signals."
On the 27th February 1884, Mr. Wilks wrote to Lord Derby, expressing gratitude for the announcement made in the Queen's Speech; and pointing out the necessity
* "You will be invited to consider Bills relating to the security of life and property at sea
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