Writ of delivery. Claim. to be reasonable, and as they think fit; and if the proprietor shall comply with the terms prescribed, it shall not be lawful for the officer who shall seize such goods, or any other person whatever on his behalf, to proceed for the condemnation thereof; but if such proprietor shall not comply with the terms, such officer shall be at liberty to proceed for the condemnation and if the proprietor shall accept the terms prescribed, such proprietor shall not have any recompense on account of the seizure or detention of such goods, or have any action for the same. s. 15. And by 13 & 14 Car. 2. c. 11. s. 30, no writ of delivery shall be granted out of the Exchequer for goods seized, but upon security; aud that for goods perishable only, or when the informer shall delay trial (in the case of a seizure of ships, vessels, or boats, beyond three terms. 3 Geo. 3. c. 22. s. 7.) Also by 24 Geo. 3. sess. 2. c. 47, no claim shall be permitted to be entered to 6 any ship, vessel, or goods, seized (by any officer of customs or excise') for any cause of forfeiture, and returned into the Exchequer, unless such claim is entered in the real name of the proprietor, describing his residence and business and if he shall reside at London, or within the liber, ties thereof, oath shall be made before one of the barons, that the thing claimed was really his property, at the time of seizure; but if he shall not be resident there, then oath shall be made in like manner, by the agent or attorney, or solicitor, by whom such claim shall be entered, that he has full authority from such proprietor to enter such claim, and that, to the best. of his knowledge and belief, such goods were at the time of seizure, bona fide, the real property of the person in whose name such claim is entered; which oath shall be indorsed and certified on the back of the indenture of appraisement, upon which such claim shall be entered; and on failure thereof, the ship, vessel or goods shall be condemned, and judgment shall be entered thereon by default, as if no claim had been entered. s. 36. 8.37. And upon the entry of any claim to any ship, boat or other vessel, or to any goods seized for any cause of forfeiture, the persons who shall enter the claim (if resident in Great Britain) shall be bound with two other securities in the penalty of 100l. to pay the costs occasioned by such claim; and if the claimant shall not reside in Great Britain, then the attorney or solicitor shall, in like manner, be bound with two other se curities in the like penalty to pay the costs. And by 27 Geo. 3. c. 32, all goods scized by any officer of be stamped be customs, and condemned in the Exchequer, or which shall be fure delivered delivered by a writ of delivery issued by the said court, either out of the king's on a composition by licence, or on payment of the appraised warehouses. value, or in any other way whatsoever, provided the seizure be according to law, and the goods be capable of receiving a legible stamp thereon, shall, before they are delivered from the king's warehouses, be stamped as the commissioners shall direct, and the commissioners are to cause stamps to be provid Goods se zed to ed; and if any officer of customs, or person having charge of such warehouses, shall omit to stamp such goods previous to their being delivered therefrom, or shall take any foe for affixing such stamp, such officer shall forfeit 2007. to his majesty and be incapable of serving in any civil capacity whatever. s. 13. And if any person shall counterfeit, or procure to be counterfeited, or shall be aiding in counterfeiting any stamp to resemble any stamp used, or shall counterfeit or procure to be counterfeited, or shall be aiding in counterfeiting the impression of such stamp, such offender shall be guilty of felony without benefit of clergy. s. 14. And if any person whatever shall have in his possession any goods having a counterfeit stamp thereon, knowing the same, such goods shall be forfeited, and such person shall forfeit 5002. one moiety to the king, and the other to the informer. Ibid. And if any person, other than such person who shall be authorized by the commissioners, shall, by any means whatever have in his possession any such stamp, whether he shall or shall not have made use of the same, such person shall in like manner forfeit 500!. Ibid. The rule generally adhered to, in the statutes by which Condemnation. penalties and forfeitures are indicted * for offences against the laws relating to the customs, is, that one moiety of the money arising from such penalties and forfeitures shall be to the use of his majesty, his heirs, and successors; the other moiety to the use of such person or persons as shall seize the smuggled or prohibited goods, or inform, sue, or prosecute for the same by action, bill, plaint, or information, in any of the courts of record at Westminster, or in the court of Exchequer in Scot In the Excholand: in some few cases, however, the application of the money quer. is otherwise directed. 4 Bac. Abr. 543. But as the keeping and maintaining horses seized, from Where before 'the time of the seizure to the time of condemnation in the justices. court of Exchequer, is very chargeable, and the charges of 'condemning vessels, boats, and horses is very great, and often more than they are worth, by which officers are discouraged * Upon the seizure of prohibited or smuggled goods, an informa tion is usually filed in the Exchequer; whereupon a proclamation is made for the proprietor, if any, to come in and claim the effects; and at the same time there issues a writ or commission, of appraisement, to value the goods; after the return of which, and a second proclamation had, if no claimant appears, the goods are condemned to the use of the crown; but if a claimant appears, he must enter his claim and give security for the costs, pursuant to the above act 21 Geo. 3. c. 47. upon which the information will be delivered over, in order that the claimant may plead thereto, and a trial had, according to the course of the court. Gilbert's Exch. c. 10. Parker's Rep. 196. And after pleading, the defendant may move for a writ of delivery, if he is entitled thereto. Parker's Rep. 196. 'from making seizures,' it is provided, for remedy thereof, THAT all seizures of vessels, of the burthen of 15 tons, or under, made by virtue of any act relating to the customs, for carrying uncustomed or prohibited goods from ships in ward, or for relanding certificate or debenture goods from ships outward *; and all seizures of horses, cattle, carts, waggons, boats, and ear. riages whatsoever †, for being used in the removing of any goods, or for any other cause of forfeiture, contrary to any act relating to the customs, shall be examined into, heard, and determined in a summary way, by two justices residing near the place where the seizure is made; who shall summon the party accused, and on appearance or default proceed to hear and give judgment, and issue warrants for the sale of such as shall be by them condemned ‡, whose judgment shall be final and not liable to any appeal, or any writ of certiorari. 8 Geo. 1. c. 18. s. 16. 21 Geo. 3. c. 47. sess. 2. s. 30. 6 Geo. 1. c, 21. s. 20. But no suits are to be prosecuted in any of his majesty's courts for the recovery of any penalty incurred under the law of customs, unless the same be prosecuted in the name of the attorney general, or some officer of the revenue. 12 Geo. 1. c. 28. s. 28. 14 Geo. 3. c. 86. s. 14. 26 Geo. 3. c. 77. s. 13. See the act 26 Geo. 3. c. 77. s. 18. infra. Also a capias in the first process, requiring bail, and specifying the sum of the penalty sued for, shall issue against any person prosecuted for the clandestine importing or exporting, or re-landing any customable or prohibited goods whatsoever, or for receiving such goods knowingly and the party shall be obliged to give bail by natural born subjects, or denizens; and at appearing, shall likewise give bail, to answer the forfeitures, or to yield his body to prison. 8 Geo. 1. c. 18. s. 15. 14 Geo. 3. c. 86. 8. 5. And all sheriffs, upon request by any of the known solicitors of the customs or excise, in writing, upon the back of the process, signed by such solicitor, with his name, and addition of Solicitor for the Customs or Excise, shall grant special warrants to any persons named by such solicitor, and be indemnified from the escapes of offenders till they be committed to gaol. 9 Geo. 2. c. 35. s. 32, 35. But by 2 Geo. 2. c. 28, if the person arrested make affidavit before a judge of the court, or person commissioned to take affidavits, that he is not worth 54. above his wearing apparel, and shall petition to be admitted to defend in forma pauperis, the Court shall admit him, and assign counsel, and appoint an attorney and clerk in Court, who shall give him advice and assistance, and do their duties without fee. 8. 8. And by 12 Geo. 1. c. 28. s. 27, if any such person being in prison for want of bail, shall neglect to appear or plead to the information delivered to such person, or to the gaoler or turnkey at the prison, by the space of one term, judgment shall be entered against him by de fault; and on judgment obtained, if he shall not pay the sum re covered, execution shall be issued, not only against his body but also against his real and personal estate, though he continue in prison. 8 Geo. 1. c. 18.. s. 16. + 24 Geo. 3. c. 47. sess. 2. s, 30. 6 Geo. 1. c. 21. s. 90. Any two justices for London or Westminster shall have the like power in determining such seizures as shall be made within those cities. 8 Geo. 1. c. 18. s. 17. And in trials of seizures, the justices shall proceed to the merits of the cause, without enquiring into the form or manner of Seizure. 9 Geo. 2. c. 35. s. 34. Also that a value may be put on the seizures before they Sale of the are condemned, agreeable to the practice used in the Exche seizure. quer, it is provided by 12 Geo. 1. c. 28, that one justice of peace hall have power to administer an oath to such person or persons illed in the value of the goods, vessels, boats, carriages, horses ad other cattle mentioned to have been seized, in the informaon exhibited before any justices of the peace, to view the same to make a return of the species, quantity, quality, and value Sereof, to such justices in a limited time; and after they shall condemned by such justices, the same shall be publicly sold the best bidder, at such places and times as the commissioners nk proper. 8. 16. And by 3 Geo. 3. c. 22, it shall be lawful for the commis- ad where the seizure is liable to be burnt or destroyed, or as the sales in the out-ports had been to facilitate smugit is now enacted by 45 Geo. 3. c. 121, that all foreign brangeneva, and other spirits seized at sea in any part of the Irish channels or entrances thereof, or any of the north seas to thward of the Frith of Forth, or in any port, harbour, creek, road stead of England or Wales, of Guernsey, Jersey, AlderBark, or on land within 10 miles of any port of England, or all after condemnation thereof be conveyed to the port of and deposited in the king's warehouse; and all tobacco and condemnation shall in like manner be conveyed to the port .. 13, 14. Geo. 3. c. 62. s. 9. ing from the condemnation and sale, whether the produce be sufficient to answer the said charges or not *, to be paid out of his majesty's share of the produce arising by the sale of seizures which have been, or shall and may be seized and condemned. 21 Geo. 3. c. 62. s. 2. 30 Geo. 3. c. 43. And the officers shall in such case be allowed by the commis sioners their share of the nett produce arising by the sale in full, without dedacting therefrom the said charges; and the residue of such produce the commissioners shall cause to be paid to such uses as his majesty's share of scizures is applicable unto. 30 Geo. 3. c. 43. And to prevent any embezzlement of any tea, coffee, fo. reign brandy, rum, or other exciseable liquors after seizure,' no officer of customs or other person shall be entitled to any reward given on such seizure, unless he give notice to the next officer of excise, or to the supervisor, within 48 hours after seizure; who shall on such notice take an account of the species and quantities of such goods; nor shall such goods be after. wards removed without a permit from such officer of excise, under the penalty of being re-seized, as forfeited, by any other officer of customs or excise. 12 Geo. 1. c. 28. s. 6. Like notice must also be given within 24 hours after the seizure of any tobacco or snuff. 29 Geo. 3. c. 68. s. 147. Also within 12 hours after the seizure of any wine the like notice must be given. 26 Geo. 3. c. 59. s. 50. And by 19 Geo. 3. c. 69, in case any officer of customs or exOfficers negcise shall not use his best endeavours to seize any tea, coffee, lecting to seize tea and spiritu- foreign brandy, or other foreign spirituous liquors liable to forous liquors, or feiture, and which it shall be the duty of such officer to seize ; to arrest persons or to stop, and carry before one justice, any person whom such whom they officer is by this act authorised to stop, and carry before a jus ought. tice +, it shall be lawful for any justice near where such officer shall make defa, upon complaint within three months, to examine into the truth of such complaint upon oath; and if it appear to such justice that there is a ground for such complaint such justice is to transmit the said complaint, together with the examinations taken before him thereon, unto the commissioners of customs, if the officer shall belong to the customs; and if to the excise, then unto the commissioners of excise; which com missioners are to make enquiry into the truth of the said complaint; and in case they think fit on the ground thereof to dis 20 Geo. 3. c. 43, + The persons whom the officers are to arrest under the authority of this act are, 1. Masters of vessels having tea' or spirits exceeding certain quantities on board their vessels. 2. Persons aiding in unshipping uncustomed or prohibited goods. 3. Persons travelling in dis guise with tea or spirits without permit. 4. Persons obstructing offi cers. See these clauses in the subsequent part of the present title, viz. under head III. sec. 2, and under head IV. |