other duties are due and payable, without the presence of some of the officers of customs thereunto appointed, or at the hours and times not appointed by law, such wharfinger shall forfeit 100l. s. 7.

At what hoursof And by 1 Eliz. c. 11, it shall not be lawful to take up, disthe day goods charge and lay on land, or cause to be taken up or discharged may be landed. out of any lighter, ship, crayer, vessel or bottom not being in a leak or wreck,and laid on land, any goods, wares,or merchan. dizes whatsoever, fish taken by subjects, and salt only except. ed, to be brought from beyond the seas, or Scoʻland, but only in the day light, that is to say, from 1 March until the last of September, betwixt sun rising and sun setting; and from the last of September until 1 March, betwixt the hours of seven in the morning, and four in the afternoon, upon pain of forfei ture of all such goods, wares, and merchandizes. s. 2.

All goods to be measured, weighed, and numbered

as

By 13 & 14 Car. 2. c. 11, all foreign goods which by the persons appointed for managing the customs, and the customer, collector, and comptroller, shall be permitted to be landed, and soon as landed. taken up by bills at sight, or bills at view or sufferance, shall be landed at the most convenient keys where the persons so appointed customer, collector, or comptroller shall appoint, and there or in his majesty's storehouse, at the election of the officers, shall be measured, weighed, and numbered, by and in the presence of the officers, who shall perfect the entry, and subscribe their names, and the next day shall make report of every entry, without reasonable cause, or in default thereof shall forfeit 100%. s. 21.

Penalty where And in case after the clearing of any ship, and discharging goods are found the watchmen and tidesmen, there shall be found on board such after clearance. ship any goods concealed, and for which the duties upon impor tation have not been paid; the master or person taking charge of such ship shall forfeit 100%.

Goods not reported found after clearing, forfeited.

port toricited,

$. 5.

And by 5 Geo. 1. c. 11, in force until 29 September 1809, 43 Geo. 3. c. 29, after reciting, that in ships from foreign parts goods are often found at clearing such ships, concealed in false bulk heads, between the linings and false knees, or in con. cealed lockers, in order to their being landed without payment of duties, so that it is almost impossible for the officers to dis cover them, without some previous information,' it is enacted, that all goods not reported, and found after clearing the ship by the proper officer of customs, shall be liable to forfeiture.

8. 4.

Goods found And it is further provided by 9 Geo. 2. c. 35, that all goods concealed after found concealed on board any ship after the master shall have the master's re- made his report at the custom-house, and not mentioned in and the master the said report, shall be forfeited, and may be seized and proto forfeit treble secuted by any officer of the customs; and the master of such ship, in case he was privy to such concealment, shall forfeit treble the value of the goods.

value.

Master suffer.

s. 27.

And by 6 Geo. 1. c. 21, if the master, purser, or person ing uncustomed taking charge of any ship or vessel, shall suffer any uncps.

tomed or prohibited goods to he put out of the said vessel, into or prohibited any hoy, lighter, boat, or bottom to be laid on land, he being goods to be unconvicted thereof, shall, besides the penalties to which he is lia- shipped. ble, suffer six months imprisonment. s. 32.

or seamen,

By 19 Geo. 3. c. 69, where the officers of customs or ex- Penalty on the cise shall discover on board any ship, coming from foreign parts, master, mate, within the limits of any of the ports of this kingdom, more thau smuggling. one hundred pounds weight of tea, not being in ships employed by the East India company, or more than one hundred gallons of foreign brandy, or of other foreign spirituous liquors, over the quantity of two gallons for every seaman on board, and being in casks under sixty gallons; the master shall forfeit three hundred pounds; and it shall be lawful for any officer of customs or excise, and for all other persons acting in their aid, to arrest the said master and to carry him before one justice, near where such ship shall then be, or where such person shall be arrested; who shall be obliged to enter into a recognizance to his majesty, before such justice (with one other sufficient surety to be approved of by such justice, 26 Geo. 3. c. 77. 9. 9.) in three hundred pounds, with condition to enter an appearance in the court of Exchequer within the first four days of the term next ensuing such arrest, to any information which shall be exhibited against him; and such justice shall transmit such recognizance to the king's remembrancer in such court; and if such person shall refuse to enter into such recognizance, then such justice shall commit such person to the next county gaol until he shall enter into such recognizance. s. 7.

And by 21 Geo. 3. e. 32, if the master shall conceal, or suffer to be concealed, by his mate or seamen, or any of them, in any part of such vessel, or in any chest, any foreign spirituous liquors, over two gallons for each seaman on board, or any tea above six pounds, or any coffee above nineteen pounds; or if the master shall clandestinely import, or suffer to be clandesfinely imported, any such foreign spirituous liquors, or any other uncustomed goods whatsoever, whereby the owners become liable to any penalties, or whereby such vessel is liable to be forfeited, the master shall not only forfeit to the owners all wages then due, but also the treble value of such foreign spirituous liquors, tea, coffee, or any other uncustomed goods whatsoever, over the penalties to which the master shall be subject by any laws now in force; which penalties of treble the value shall be recovered of the master by, and shall go to, the owners. s. 1.

And it the mates or seamen shall clandestinely conceal or import any foreign spirituous liquors (over two gallons for each seaman on board), or any tea above six pounds, or any coffee above nineteen pounds, then such mates or seamen shall forfeit to the owners all wages then due, and also ten shillings each for every gallon of spirituous liquors, and ten shillings for every pound of tea, and also ten shillings for every pound of coffee.

No English

goods to be

And if such mates or seamen shall commit such offences in time of war, it shall be lawful for the owner to send such mates or seamen on board some of his majesty's ships of war, there to serve for three years, except such as are old, disabled, or unfit for such service. s. 3.

And if such mates or seamen, disabled from serving in ships of war, in time of war, or if such, or any other mates or seamen, shall be found offending against this act in time of peace, and shall neglect or refuse to pay the penalties, being convicted, 6 or shall not have effects to answer the same, it shall be law•ful (at the instance of the owners) for one justice,' by warrant, to commit such offenders to the county gaol, for three months, or not less than six weeks. s. 5.

But the justices may mitigate the penalties, so as not to remit above one moiety. s. 6.

And no order shall be quashed, or be removed by certiorari, or any other writ, into any court at Wesiminster, or to the general quarter sessions; but the order of such justice shall be final. S. 7.

And this act shall be printed, put up, and continued on some conspicuous part of every British vessel, trading to or from this kingdom; and whenever the printed clauses shall be damaged, the master shall cause the same to be immediately replaced, under the penalty of one shilling a day during such omission; to be paid to the owners, by warrant under the hand and seal of one or more justices. s. 4.

This is a very irregular and confused act: First, no parti. 'cular directions are given as to the mode of recovering the pe'nalty inflicted on the master by sec. 1. it therefore seems to be recoverable only by action of debt on the statute.*- Se'condly, there is no jurisdiction given to the justices of peace to convict any offender in the penalties inflicted by sec. 2. on the mates and seamen; for although the fifth section gives 'power to the justices to commit after conviction, yet there is neither justice nor conviction mentioned before, nor any power given to a justice to intermeddle; it is further observ. able, that the justice caunot commit if the offender hath effects sufficient to answer the penalties, and yet there is no power given to levy the same by distress.-Upon the whole, the jus tice's jurisdiction herein is very imperfectly ascertained, and it is difficult to determine in what manner a magistrate may safely and effectually carry the provisions of this act into ' execution.'

3. In ships in port outward bound.

By 13 & 14 Cur. 2. c. 11, no captain, purser, or other pershipped till the son, taking charge of any ship bound for parts beyond sea,

* If a statute inflicts a penalty, and there are no express directions for its recovery, it is recoverable only by action in a court of revenue.

whether the ship shall belong to the king or any foreign state, or otherwise, shall suffer to be taken into such ship any Eng lish goods to be exported, until such captain shall have entered such ship in the book of the commissioners, customer or collector and comptroller outwards of such port, together with the name of such captain, the burthen of such ship, the number of guns and ammunition, and to what port she intends to sail, and before he shall depart, shall deliver unto the persons appointed for managing the customs, the customer or collector and comp troller a content of the names of every person that shall have put on board any such goods, together with the marks and numbers, and shall publicly in the custom-house upon oath, to the best of his knowledge, answer such questions as shall he demanded concerning such goods, upon pain of 100.

6. 3.

ship is entered,

of all the goods

and entry made

on board.

And the officers of custom and their deputies are authorized Officers may to go on board any vessels outward bound, and from thence to search ships outward-bound bring on shore all goods prohibited or uncustomed, except jewels. s. 4.

By 1 Eliz. c. 11, it shall not be lawful for any person to Hours of shiplade or put, or cause to be laden or put off from any wharf, ping goods. key, or other place on the land, into any ship, vessel, crayer, lighter, or bottom, any goods whatsoever, fish only excepted, to be transported into any place beyond the sea, or into Scot land, but only in the day-light, that is to say, from 1 March until the last of September, between sun-rising and sun-setting; and from the last of September until 1 March, between the hours of seven in the morning and four in the afternoon, upon pain of forfeiture of all such goods. s. 2.

And by 13 & 14 Car. 2. c. 11, if any wharfinger or keeper No goods to be of any wharf, crane, or key, or their servants or any of them, carried from a shall ship off, or suffer to be water-born, at or from any of their wharf but in the presence wharfs, cranes, or keys, any goods prohibited, or whereof any of an officer, custom or other duties are payable, without the presence of and at lawfull some of the officers of the customs, or at times not appointed by hours. law, such wharfinger shall forfeit 100l. s. 7.

And if any goods or merchandize shall be laden or taken Nor shipped but in presence from the shore into any bark, hoy,lighter, barge, wherry, or boat, of an officer. to be carried on board any vessel outward bound, for parts beyond the seas, without a warrant, and the presence of one or more officers of customs, such bark, hoy, lighter, barge, wherry, or boat, shall be forfeited. Ibid.

And if any goods or merchandize shall be shipped, or put into any boat or vessel, to the intent to be carried into parts beyond the seas, the custom and other duties not paid, tendered, nor agreed for in the custom-house, all the said goods and merchandizes shall be forfeited. s. 3.

without war

rant.

And by 12 Geo. 1. c. 28, if any goods on which duties are Shipping goods payable, or which are prohibited to be exported, shall be shipped for parts beyond sea, without a warrant, or without the presence of an officer of the customs appointed for that purpose,

Double value

ported without

all such goods or merchandize, or the value thereof, shall be forfeited. s. 18.

Also by 13 & 14 Car. 2. c. 11, if any goods for which the forfeited, if ex- duties are payable, shall be secretly conveyed on board any ship payment of du- before the custom be duly answered, and shall be carried beyond sea; the owners of such goods, or person who shall have caused the same to be shipped, shall forfeit the double value of the goods, except for coal, which, so secretly exported, shall pay double the custom. s. 9.

ty.

Master and

to reland.

By 26 Geo. 3. c. 40, it shall not be lawful for any officer of mate to enter customs to permit any ship to be cleared out for foreign parts, into a bond not until the master and mate shall severally give security by bond, in two hundred pounds (to be taken by the collector, or princi pal officer of customs), with condition not to land any goods in this kingdom, prohibited by law, or take the same on board, in order to their being so landed, nor be any wise concerned in importing, unshipping, or landing the same, and will not hinder any officers of customs or excise, or other person assisting them in the due execution of their offices; or until such master shall produce a certificate, under the hand of the collector or principal officer of customs, at some other port in Great Britain, of such security having been before given at such other port to such collector, by such master and mate. s. 15. No drawback or And there shall not be paid upon the exportation, any draw. bounty payable back, bounty, or allowance, if the goods are in bales press on goods press-packed, unless the names and species of the goods, and the packed, but under certain quantities and qualities thereof shall be verified by the master packer, or in his absence, by his foreman or servant having knowledge of the contents of the bales, in the following manner, (that is to say) If the goods are packed at the port, or within ten miles thereof, then by oath made and subscribed upon the entry or cocquet, before the collector or comptroller, or chief officer of customs at such port (who is to administer the same); and if such goods are packed at any greater distance than ten ❝ miles from the port, then on the like oath made, and subscrib. ❝ed as aforesaid, before some magistrate or justice for the county' where such master packer shall reside. s. 16.

conditions.

Masters to pro

And every master shall, upon demand, produce and deliver duce their coc- to each officer of customs who shall come on board within the quets to officers limits of any port, or four leagues of the coast, every cocquet coming on board. delivered to him for the examination of such officer, under the pe nalty of one hundred pounds; and if such officer shall find any goods on board not to correspond with the cocquet, he is to seize the goods, which shall be forfeited; or if such officer shall discover that any of the packages indorsed upon the cocquet, are not on board the vessel, the master shall forfeit twenty pounds for each package contained in such cocquet, and not

By whom goods may be shipped.

found. s. 17.

And no goods whatever, intitled to either drawback, bounty, or premium, shall be carried, or put on board any vessel what ever for exportation by any person whatever (except the proper