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On Mitigation of Penalties, under the Revenue Laws by the Quarter Sessions, or Justices out of Sessions, they may require Offenders to enter into a Recognizance for Payment of full Penalty, in case they be again convicted within Three Years of another Offence.
On Forfeiture of Recognizance Penalty may be levied by Distress, &c.
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XLIII. ‘And Whereas by the Laws now in force, on Prosecutions before the Justices of the Peace, for Penalties under the Laws relating to the Revenue of Customs in England and Scotland, such Justices are in certain Cases authorized, on Conviction, to mitigate the penalties to be paid, and to reduce the Amount thereof: And Whereas it is expedient, for the better Prevention of Smuggling, that in all Cases where Penalties are so mitigated, the Offenders should be required to give good and sufficient Security to the Crown for the Payment of the full Penalties in which they shall have been convicted, after deducting the Sums which may have been paid on such Conviction and Mitigation, in case they shall at any Time, within Three Years from the Date of such Conviction, be again convicted of any other Offence against the Revenue Laws;’ be it therefore further enacted, That in all Cases where any Person shall be convicted of any Offence as aforesaid, before the Court of Quarter Sessions, or before any Justice or Justices of the Peace out of Session, and such Court, or Justice or Justices, shall mitigate the Penalty or Penalties incurred, it shall be lawful for such Court of Quarter Sessions, or Justice or Justices of the Peace, and they are respectively hereby required to take a Recognizance from the Offender or Offenders, in Double the Amount of the Sum in which he, she, or they may have been convicted, which Recognizance or Recognizances shall be given to His Majesty, His Heirs and Successors, with Condition that if such Offender or Offenders shall at any Time, within Three Years from the Date of such Conviction, be again convicted of any Offence against any Law now in force or hereafter to be made, relative to the Revenue of Customs or Excise, that such Offender or Offenders shall forfeit and pay to His Majesty the Amount of the Sum or Sums in which he, she, or they may have been convicted, after deducting the Sum or Sums paid according to such Mitigation as aforesaid; and in every Case where such Recognizance or Recognizances shall become forfeited, it shall be lawful for the said Court, or any Justice or Justices of the Peace, by Warrant, to apprehend such Offender or Offenders; and in case he, she, or they shall not forthwith pay the Sum or Sums, according to such Recognizance or Recognizances, to levy the same upon the Goods and Chattels of the Offender or Offenders, or to commit such Offender or Offenders to Gaol, there to remain for the Space of Twelve Months, or until such Sum or Sums shall be paid.
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