Penalties. Penalty on Persons offering Goods for Sale XLVIII. AND be it further enacted, That if any Person or Persons shall offer for Sale any Goods, under Pretence that the same are prohibited, or have been unshipped and run on Shore without Payment of Duties, that then under Pretence and in such Case all such Goods (although not liable to any Duties or prohibited) shall be forfeited, and the Person or Persons, and every of them, offering the same for Sale, shall forfeit the Treble Value of such Goods, or the Penalty of One hundred Pounds, at the Election of the Commissioners of His Majesty's Customs. of being run or prohibited. Persons found have been on board Vessels liable to For- Limits of the XLIX. AND be it further enacted, That every Person or discovered to being a Subject of His Majesty, who shall be found or discovered to have been on board any Vessel or Boat liable to Forfeiture, under this or any other Act relating to the Revenue of Customs, for being found within Four or Eight Leagues of the Coast of the United Kingdom as aforesaid (1), or for being found or discovered to have been within any of the Distances or Places in this Act mentioned (2), from or in the United Kingdom, or from or in the Isle of Man, having on board or in any Manner attached or affixed thereto, or having had on board or in any Manner attached or affixed thereto, or conveying or having conveyed in any Manner, such Goods or other Things as subject such Vessel or Boat to Forfeiture, or who shall be found or discovered to have been on board any Vessel or Boat, from which any Part of the Cargo shall have been thrown overboard during Chace, or staved or destroyed, shall forfeit the Sum of One hundred Pounds; and that every Person, not being a Subject of His Majesty, who shall be found or discovered to have been on board any Vessel or Boat liable to Forfeiture for any of the Causes aforesaid, within One League of the Coast of the United Kingdom or of the Isle of Man (3), or within any Bay, Harbour, River, or Creek of the said Island, shall forfeit for such Offence the Sum of One hundred Pounds; and it shall be lawful for any Officer or Officers of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and he and they is and are hereby authorized, empowered, and required to stop, arrest, and detain every such Person, and (1) See § 2. 4. 6. and 21 (2) See § 3. 5. 7. 8. 9. 13. and 21. to carry and convey such Person before Two or more Justices of the Peace in the United Kingdom, or a Governor, Deputy Governor, or Deemster in the Isle of Man, to be dealt with as herein-after directed: Provided always, that any such Person proving, to the Satisfaction of such Justices, Governor, Deputy Governor, or Deemster, that he was only a Passenger in such Vessel or Boat, and had no Interest whatever either in the Vessel or Boat, or in the Cargo on board the same, shall be forthwith discharged by such Justices. Penalties. Persons unshipping or concerned in the carrying away or con cealing Spirits or Tobacco, to forfeit 100l. and may be de L. AND be it further enacted, That every Person whatsoever, who shall unship, or be aiding, assisting, or concerned in the unshipping of any Spirits or Tobacco liable to Forfeiture under this or any other Act relating to the Revenue of Customs or Excise, either in the United Kingdom or the Isle of Man, or who shall carry, convey, or conceal, or be aiding, assisting, or concerned in the carrying, conveying, or concealing of any such Spirits or To- tained. bacco, shall forfeit for such Offence the Sum of One hundred Pounds; and every such Person may be detained by any Officer or Officers of His Majesty's Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and taken before Two Justices of the Peace in the United Kingdom, or a Governor, Deputy Governor, or Deemster in the Isle of Man, to be dealt with as herein-after directed. LI. AND be it further enacted, That if any Person or Persons liable to be arrested and detained, under the Provisions of this or any other Act relating to the Revenue of Customs, shall not be detained at the Time of so commit ting the Offence for which he or they is or are so liable, or after Detention shall make his or their Escape, it shall and may be lawful for any Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or any other Person acting in his or their Aid or Assistance, or duly employed under such Officer, to stop, arrest, and detain such Person so liable to Detention as aforesaid, at any Time afterwards, and to carry him before Two Justices of the Peace, to be dealt with as if detained at the Time of committing the said Offence. Persons liable Officer of the Penalties. Penalty on Persons making Signals to sels at Sea. LII. AND be it further enacted, That no Person shall, after Sun-set and before Sun-rise, between the Twenty-first Day of September and the First Day of April, or after the Hour of Eight in the Evening and before the Hour of Six Smuggling Ves- in the Morning at any other Time in the Year, make, aid, or assist in making, or be present for the Purpose of aiding or assisting in the making of any Light, Fire, Flash, or Blaze, or any Signal by Smoke, or by any Rocket, Fireworks, Flags, firing of any Gun or other Fire Arms, or any other Contrivance or Device, or any other Signal in or on board or from any Vessel or Boat, or on or from any Part of the Coast or Shore of the United Kingdom, or within Six Miles of any Part of such Coasts or Shores, for the Purpose of making or giving any Signal to any Person on board any Smuggling Vessel or Boat, whether any Person so on board of such Vessel or Boat be or be not within Distance to see or hear any such Light, Fire, Flash, Blaze, or Signal (1); and if any Person, contrary to the true Intent and Meaning of this Act, make or cause to be made, or aid or assist in making any such Light, Fire, Flash, Blaze, or Signal, such Person so offending shall be guilty of a Misdemeanor; and it shall be lawful for any Person to stop, arrest, and detain the Person or Persons who shall so make, or aid or assist in the making, or who shall be present for the Purpose of aiding or assisting in making, any such Light, Fire, Flash, Blaze, or Signal, and to carry and convey such Person or Persons so offending before any Two or more of His Majesty's Justices of the Peace residing near the Place where such Offence shall be committed, who, if they see Cause, shall commit the Offender to the next County Gaol, there to remain until the next Court of Oyer or Terminer, Great Session or Gaol Delivery, or until such Person or Persons shall be delivered by due Course of Law, and it shall not be necessary to prove, on any Indictment or Information, that any Vessel or Boat was actually on the Coast; and the Offender or Offenders being duly convicted thereof shall, by Order of the Court before whom such Offender or Offenders shall be convicted, either forfeit and pay the Penalty or Forfeiture of One hundred Pounds, or, at the Discretion of such Court, be sentenced or committed to the Common Gaol or House of Correction, there to be kept to Hard Labour for any Term not exceeding One Year. (1) See Power to prevent or extinguish, § 54. Penalties nal not being intended to lie on the De fendant. LIII. PROVIDED always, and be it further enacted, That in case any Person be charged with or indicted for Proof of a Sighaving made or caused to be made, or been aiding or assisting in making, or been present for the Purpose of making or aiding or assisting in making any such Fire, Light, Flash, Blaze, or other Signal as aforesaid, the Burthen of Proof that such Fire, Light, Flash, Blaze, Noise, or other Thing, so charged as having been made with Intent and for the Purpose of giving such Signal as aforesaid, was not made with such Intent and for such Purpose, shall be upon the Defendant against whom such Charge is made or such Indictment is found. LIV. AND be it further enacted, That it shall be lawful for any Person whatsoever to put out and extinguish or prevent any such Light, Fire, Flash, or Blaze, or any Smoke, Signal, Rocket, Firework, Noise, or other Device or Contrivance so made or being made as aforesaid (1), and to enter and go into and upon any Lands for that Purpose, without being liable or subject to any Indictment, Suit, or Action for the same. LV. AND be it further enacted, That if any Person whatsoever shall hinder, oppose, molest, or obstruct any Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, in the Execution of his Duty, or in the due seizing of any Goods liable to Forfeiture by this or any other Act relating to the Revenue of Customs, or any Person acting in his Aid or Assistance, or duly employed for the Prevention of Smuggling, or shall rescue or cause to be rescued any Goods which have been seized, or shall attempt or endeavour to do so, or shall before, or at or after any Seizure, stave, break, or otherwise destroy any Goods, to prevent the Seizure thereof, or the securing the same, then and in such Case the Parties offending shall forfeit for every such Offence the Sum of Two hundred Pounds. LVI. AND 'be it further enacted, That if any Persons to the Number of Three or more, armed with Fire Arms or other offensive Weapons, shall within the United Kingdom, or within the Limits of any Port, Harbour, or Creek thereof, be assembled in order to be aiding and Felonies. illegal Exportation or Land ing of prohibited or uncustomed Goods, or in the relanding Goods shipped for Exportation, or in the rescuing any such Goods, to be deemed assisting in the illegal Exportation of any Goods prohibited to be exported, or in the carrying of such Goods in order to such Exportation, or in the illegal landing, running, or carrying away of prohibited or uncustomed Goods or Goods liable to pay any Duties which have not been paid or secured, or in the illegal carrying of any Goods from any Warehouse or other Place, as shall have been deposited therein, for the Security of the Home Consumption Duties thereon, or for preventing the Use or Consumption thereof in the United Kingdom, or in the illegal relanding guilty of Felony. of any Goods which shall have been exported upon Debenture or Certificate, or in rescuing or taking away any such Goods as aforesaid, after Seizure from the Officer of the Customs or other Officer authorized to seize the same, or any Person or Persons employed by them or assisting them, or from the Place where the same shall have been lodged by them, or in rescuing any Person who shall have been apprehended for any of the Offences made Felony by this or any Act relating to the Revenue of Customs, or in the preventing the Apprehension of any Person who shall have been guilty of such Offence; or in case any Persons to the Number of Three or more, so armed as aforesaid, shall, within this Kingdom, or within the Limits of any Port, Harbour, or Creek thereof, be so aiding or assisting; every Person so offending, and every Person aiding, abetting, or assisting therein, shall, being thereof convicted, be adjudged guilty of Felony, and suffer Death as a Felon, without Benefit of Clergy. Persons shooting at any Boat belonging to Navy or in the Service of the Revenue, or shooting at or wounding Offi cers of the Army, Navy, or Marines, deemed guilty of Felony. LVII. AND be it further enacted, That if any Person shall maliciously shoot at or upon any Vessel or Boat belonging to His Majesty's Navy, or in the Service of the Revenue in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coast of the United Kingdom, or shall maliciously shoot at, maim, or dangerously wound any Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or any Person acting in his Aid or Assistance, or duly employed for the Prevention of Smuggling, in the due Execution of his Office or Duty, every Person so offending, and every Person aiding, abetting, or assisting therein, shall, being lawfully convicted, be adjudged guilty of Felony, and suffer Death as a Felon, without Benefit of Clergy. |