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s. 11.

But no such licence shall be granted but upon security given to his majesty by the owner by bond, in such penalty as the admiralty shall find reasonable, with condition that the same shall not be made use of in the clandestine running of un.

customed and prohibited goods. 8 Geo. 1. c. 18, s. 5. Penalty on in. By 4 & 5 Will. & Mary, c. 15, all persons, who by way of sorirg the de- insurance, or otherwise, shall undertake to deliver any goods livery of smugo imported from beyond sea, without paying the duties payable gled goods.

for the same, or any prohibited goods, or shall deliver the same. as aforesaid, and all their abettors being prosecuted in the court of exchequer, within twelve months, shall forfeit 500l.

above the forfeitures to which they are already liable. Penalty on the And all who shall agree to pay any money for the insuring person insured. or conveying any goods imported, without paying the duties,

or any prohibited goods, or who shall receive such prohibited goods, or such other goods before the duties are paid, knowing {hereof, shall also forfeit 5001. s. 15.

And either the party insuring or the party insured may in, form, and doing so shall be indemnified, and moreover have a

moiety of the penalty. 8. 16. Penalty on pero

By 13 & 14 Car. 2. c, 11, if any carman, porter, watersons carrying man, or other person shall assist in the taking up, landing, uncustomed

shipping off, or carrying away any goods laden or taken in from goods.

the shore, into any barge, hoy, wherry, or boat, to be carried a-board any ship outward bound, or laden or taken in out of any ship coming in from foreign parts, without a warrant and presence of an officer of customs; such person being ap. prehended by any justice of peace, and the same being proved by thc oath of two witnesses, the said offender for such first offence shall by such justice be committed to the next gaol, till he find surety for his good behaviour for so long time, until he be thereof discharged by the lord treasurer, chancellor, under treasurer, or barons of the exchequer; and in case he shall afterwards offend in the like kind, he shall by any justice of peace be committed to the next gaol for two months, or until he pay unto the sheriff 51. for the use of his majesty, or until he shall by the lord treasurer, chancellor, under treasurer, or court of exchequer, be thereof discharged. s. 7.

And by 9 Geo. 2. c. 35, all watermen, carmen, porters, or other persons employed in carrying goods prohibited, run or clandestinely imported, knowing the same, and who shall be convicted upon appearance or default, upon the oath of one witness, before one justice of peace, shall forfeit treble the value of such goods; one moiety to the informer, and the other moiety to the poor of the parish, to be levied by distress and sale of goods, by warrant of such justice ; and for want of distress, such offender shall be committed to the house of correction to be whipt and kept to hard labour for not exceed. ing three months.

s. 21, Also by 19 Geo. 3. c. 69, it shall be lawful for any officer of customs or excise, and all other persons acting in their aid,

s. 17.

to arrest all persons found aiding in unshipping, to be laid on land, any tea, foreign brandy, or other foreign spirituous liquors, or any goods whatsoever (customs and other duties not being first paid or secured), or which are prohibited to be imported; and such officers and persons shall forth with carry the said persons before one justice; and such justice shall if he see cause, commit such person to the county gaol, until the next general quarter sessions ; in which case the officer shall enter into a recognizance in 401. to appear and prosecute, and the justices at such sessions shall hear and determine the of, fence, and in lieu of any other punishment by any former act, may commit the offender to hard labour in the house of cor, rection, for not exceeding three years, nor less than one; and the commissioners shall order the charges of prosecution to be paid by the receiver general of the customs or excise respec. tirely. s. 8, 11, 12

By 8 Ann. c. 7, besides the forfeiture of the goods, all per. Penalty on ten sons to whose hands any prohibited or uncustomed goods ceiving prohiz shall knowingly come after the unshipping thereof, shall forfeit bited or run treble the value thereof, together with all horses and other

goods, cattle and carriages made use of in the removing, carriage, or conveyance of the same.

Also by 8 Ann. c. 13, besides the forfeiture of such certificate or certificate goods, every person to whose hands any certificate goods shall goods. come knowingly after the anshipping thereof,shall forfeit double the amount of the draw back for such goods, together with all horses, or other cattle and carriages made use of in the removing carriage or conveyance of the same.

s. 16. And by 45 Geo. 3. c. 121, if any person shall take or use any Penalty on per, horse, mare, or gelding, belonging to any other person without his sons taking consent, for the purpose of carrying or conveying any foreign horses for conbrandy, rum, genera, or spirits, or any tobacco or snuff subject to veying run forfeiture under any act relating to the customs or excise, such per, the owner's

goods without son being thereof convicted before one or more of his majesty's jus-consent. tices oj the peace, on the oath of one or more credible witnesses shall forfeit not exceeding 501. nor less than 201. to be recovered according to any act, relating to the customs or excise, and the one half of such penalty shall go to the person informing of the same, and the other half to the person to whom such horse shall belong. s. 9.

And nothing herein shall exempt any such offender from any such punishment, or any such action, as he would by law have been liable to for taking or using sach horse, in case such penalty had not been imposed by the act. Ibid.

And by 8 Geo. I. c. 18 (in force until 29th Sep. 1809. 43 Geo. Buying or re3. c. 29.) if any person shall receive or buy any goods clan- ceiving run destinely run, before the same be condemned, knowing the same

goods. to be so clandestinely run, and shall be thereof convicted upon appearance or default, on the oath of one witness, or by consession before one justice of peace of the county where the offeuce shall be committed, or the offender found; he shall fore

feit 201. one moiety to the informer, the other to the poor of the parish, to be levied by distress and sale of the goods by warrant of the justices; and for want of distress, he shall be

committed to prison for three months. 8. 10. Hawking about And by 9 Geo. 2. c. 35, if any person shall offer tea, brao. tea, os spirits. dy, or other spirits to sale*, not having a permit; or if any

pedlar shall offer such tea, brandy, arrack, rum, strong waters, or other spirits+ to sale, although such pedlar shall have a per: mit, it shall be lawful for every person to whom the same shall be offered to sale, to stop such tea, brandy, or spirits, and carry the same to the next warehouse belonging to the cus. toms or excise, and to bring the person offering the same to sale bofore any of his majesty's justices of peace, to be committed to prison, and prosecuted for the penalties incurred for such offence; and such tea, brandy or other spirits, shall be prosecuted in the name of such person who stopped the same, as if the goods had been seized by any oficer.

S. 20. Concealing run By 11 Geo. 1. c. 30, if any person shall knowingly har. Foods bour, keep, or conceal, or suffer to be harboured, kept, or

concealed, any prohibited goods, or any rün goods whatsoeever, liable to duties of customs and excise, or cither of them, whether he have or have not, or do or do not claim any property or interest therein, the party offending shall forfeit all such goods, and treble the value, to be taken according to the best London prices, to be recorered and mitigated as by the laws of excise t; or in the courts at Westminster, half to the

king, and half to him that shall sue. S. 16, 17, 89. Offering to sale If any person shåll offer to sale any goods prohibited, or sun goods. which have been,' or shall by the party be pretended to have

been run,' all such goods with the package shall be forfeited, and

may be seized by the party to whom the same shall be of. fered to sale, or by any officer of the customs or excise; provided, that if seizure be made within the limits of the bills of mortality, then within twenty-four hours; and if it be made in any other place, then in forty-eight hours nert after such seizure, such goods shall be secured in the wanner following; diz. If such goods are prohibited or liable to customs, and not to excise or inlaud duty, they shall be secured in some ware

* It is further to be observed, that no tea, or spirits, are to be sold or exposed to sale, but in entered places. See 10 Geo. 1. c. 10. s. 14. and 12 Geó. 3. c. 46. as to tea, in Vol. II. p. and 11 Geo. 1. c. 30. $. 3, and 6 Geo. 1, c. 21. s. 15, as to brandy, in Vol. II. Title Ex.

+ See Vol. JI. Title Excise for the penalty on their hawking tobacco or snuff under 29 Geo. 3. C. 68. s. 124.

CISE.

for several forms of convictions upon this clause before justices of th peace, see title EXCISE.

house under the care of the officers of customs near the place; and if the seizure be made at a place too remote from any such warehouse, then they shall be lodged in some excise office near the place of seizuro; but if such goods be liable to an ex. cise, then they shall be put into some office of excise, or under the custody of some officers of excise near the place. d. 18.

Every person exposing such goods to sale shall, besides for. or exposing the feiting such goods, forfeit also treble the value, to be estimated same io sale. as aforesaid. s. 19.

Prohibited or run goods, as such, bought by any person, to. Luying run gether with the package, shall also be forfeited, and may be gouds. seized from the buyer, either by the seller or any officer of customs or excise, provided that within the like respective times as before such goods be secured in like manner as before direct. ed. $. 20.

Where any person shall buy prohibited or run goods, which by the seller shall be pretended to be prohibited or run, the buyer, besides the goods, shall also forfeit treble the value, to be estimated as aforesaid : provided that it is not intended, that as well the party buying as the party selling shall both forfeit treble the value of the same parcel; but the party, whether ther buyer or seller, who shall first prosecute the other, shall be discharged from the treble value of every parcel, on account whereof the other party shall be prosecuted with effect; pro. vided that if within one month after such seizure by the party; a prosecution is not commenced and carried on by the party who shall seize; the warehouse-keeper, or other person in whose custody such goods, &c. shall be secured, may prosecute for the forfeiture of such goods. $. 21.

Which said forfeitures shall be recovered and mitigated by the laws of excise, or in the courts at Westminster; half to the king, and half to him that shall sue, $. 39.

By 9 Geo. 2. c. 35, if any person who shall keep any ta. Penalty on an tera, alehouse, victualling house, or other house where ale, a'ehouse -keepe wine, brandy, or other strong liquors shall be sold by retail, er harbouring shall knowingly receive, harbour, or entertain any person

smugglers, against whom process of arrest shall have issued, for any of. fence against the laws of customs, and to which the sheriff or other officer shall have returned, that such person cannot be Yound, and which person shall not have appeared to the said process ; or shall knowingly entertain any person who having been in prison for any of the said offences shall have escaped, of who shall have been convicted, and shall tly from justice, he shall forfeit 1001. and be incapable of selling strong liquors by retail. 8. 30.

But no person shall suffer for such entertaining, unless notice shall bave been given six days before in two successive Ga. geltes, of the absconding of the person 30 entertained, and also by writing fixed to the door of the parish church where such person last dwelt.

$. 31.

Vol. IV.

l'enalty on the By 19 Geo. 2. c. 34. s. 6. (made perpetual by 43 Geo. 3. hundred where an officer is ob

c. 157.) if any officer of the revenue, or other persons em. structed or ployed in seizing or securing any goods forfeited, for being pro goods seized hibited or uncustomed, or the duties not having been paid o are rescued.

secured, or by any law to prevent the exportation of good
or in endeavouring to apprehend any offender against this as
shall be beat, wounded, maimed, or killed, or the goods se
cd shall be rescued by persons armed as aforesaid, the inha
tants of every rape, lathe, or hundred where such facts are of
mitted in England, shall make satisfaction for the damages,
shall pay 1001, to the executors or administrators of each
son so killed. And such officers and other persons, and their
ecutors and administrators, may sue for and recover their
mages (so as the sum to be recovered for any beating, wat
irg, or maiming, exceed pot 401. nor for the loss of the
2001.) against the inhabitants of the hundred; and all thi
habitants of the hundred shall be proportionally assessed
wards the paynent of the damages and costs, and also a
ex pences in defending such action; which assessment ska
made and levied as in case of robberies, under the stut.
2, c. 16*.

But no person shall recorer damages for any beating, ing, maiming, or loss of goods, unless within four days such injury he cause notice to be given of such offene two or more inhabitants of some town or hamlet near place where such fact was committed, and within eight after such fact, declare, by examination upon oath befor justice of peace of the county or division where the sun committed (which examination every such justice shall be ed to take), whether he knew the persons who committe fact, or any of them; and if he knew any of them, he bound hy recognizance to prosecute such offender; and person shall recover any damages by this act, uuless best said notice &od recognizance, he gire such notice and en such recognizance as persons robbed are by the 8 Geo. directed to give and enter into.

But where any offender is apprehended and convicte in six calendar months after the offence committed, dred shall be subjeet to make any satisfaction for such or to pay the said 1001. to the executors, &c. of suc

Also no person shall bring any action against the inh of any hundred, unless the same be commenced within after the offence committed.

S. 9.

s. 7.

person.

S. 8.

* See this act under title HUE AND CRY.

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