STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1275 



Peace; but no penalty exceeding two hundred dollars shall be im- 

 posed by such justice, nor imprisonment for any term exceeding six 

 months: Provided, that either party to such cause shall, in the 

 Supreme Court, have the right, upon application, to have a jury for 

 the trial thereof as in ordinary cases of felony or misdemeanor, ac- 

 cording to the charge involved. 



231. If any person shall feel himself aggrieved by any judgment 

 or conviction of a Magistrate or Justice of the Peace, he shall have 

 liberty to appeal to the then next sitting of the Supreme Court, pro- 

 vided notice of the same be given to the convicting magistrate within 

 four days after such judgment or conviction shall have been made or 

 given; and, if required by such magistrate, recognizance or other 

 security, with or without sureties, shall be entered into to abide 

 by the judgment of the Supreme Court thereon. , 



232. No suit shall be commenced for the recovery of any penalty 

 or forfeiture under this Act, except in the name of the principal 

 officer appointed under this Act, or in the name of Her Majesty's 

 Attorney or Solicitor General for this Colony, or within three years 

 after the said offence has been committed, and in the information, 

 declaration, statement of claim, or other proceeding, any number of 

 charges for offences against this Act may be included against the 

 same offender or offenders. 



233. Any Judge of the Court in which any prosecution or suit is 

 brought for the recovery or enforcement of any penalty or forfeiture 

 as aforesaid, may, upon being satisfied by affidavit that there is 

 reason to believe that the defendant will leave the Colony without 

 satisfying such penalty or forfeiture, issue a warrant under his hand 

 and seal for the arrest and detention in the common goal of the 

 county, district or place, until he has given security before and to the 

 satisfaction of such Judge, or some other Judge of the same Court, 

 for the payment of such penalty, with costs, in case judgment is 

 given against him. 



234. In any declaration, information, statement of claim, or pro- 

 ceeding in any such prosecution or suit, it shall be sufficient to state 

 the penalty or forfeiture incurred, and the Act and section of the 

 Act, or the rule or regulation under which it is alleged to have been 

 incurred, without further particulars; and the averment that the 

 person seizing or suing was and is an officer of the Customs shall 

 be sufficient prima facie evidence of the fact alleged, and no person 

 shall be disqualified as a witness by reason of interest. 



235. In every prosecution, information, suit or proceeding brought 

 under this Act for any penalty, or to declare or enforce any ror- 



752 feiture or upon any bond given under it, or in any matter relating 

 to the Customs, or to trade or navigation, Her Majesty or those 

 who sue for such penalty of forfeiture, or upon such bond, shall, 

 if they recover the same, be entitled also to recover full costs of 

 suit; and all such penalties and costs, if not paid, may be levied on 

 the goods and chattels, lands and tenements of the defendant, in the 

 same manner as sums recovered by judgment of the Court in which 

 the prosecution is brought may be Uvied by execution, or payment 

 thereof may be enforced by capias ad satis faciendum against the 

 person of the defendant under the same conditions and in like 

 manner. 



