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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 uncustomed and prohibited goods. 8 Geo. 1. c. 18. s. 5. Penalty on inBy 4 & 5 Will. & Mary, c. 15, all persons, who by way of suring the de- insurance, or otherwise, shall undertake to deliver any goods livery of smug- 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 500. above the forfeitures to which they are already liable. s. 14.

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 thereof, shall also forfeit 500/. s. 15.

Penalty on persons carrying

uncustomed goods.

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. s. 16.

By 13 & 14 Car. 2. c. 11, if any carman, porter, waterman, or other person shall assist in the taking up, landing, shipping off, or carrying away any goods laden or taken in from 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 apprehended by any justice of peace, and the same being proved by the 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 57. 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 cor rection 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,

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 forthwith 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 40%. 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 correction, 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 respectively. s. 8, 11, 12.

By 8 Ann. c. 7, besides the forfeiture of the goods, all per- Penalty on re sons to whose hands any prohibited or uncustomed goods ceiving prohi shall knowingly come after the unshipping thereof, shall forfeit bited or run goods, treble the value thereof, together with all horses and other cattle and carriages made use of in the removing, carriage, or conveyance of the same. s. 17.

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 unshipping thereof,shall forfeit double the amount of the drawback 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.

goods without

And by 45 Geo. 3. c. 121, if any person shall take or use any Penalty on pers 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, geneva, or spirits, or any tobacco or snuff subject to eying run forfeiture under any act relating to the customs or excise, such per- the owner's son being thereof convicted before one or more of his majesty's jus- consent. tices of the peace, on the oath of one or more credible witnesses shall forfeit not exceeding 50%. nor less than 207. 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 such horse, in case such penalty had not been imposed by the act.

Ibid.

goods.

And by 8 Geo. 1. 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 to be so clandestinely run, and shall be thereof convicted upon appearance or default, on the oath of one witness, or by confession before one justice of peace of the county where the oflence shall be committed, or the offender found; he shall for,

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. s. 10.

Hawking about And by 9 Geo. 2. c. 35, if any person shall offer tea, bran. tea, or 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 customs or excise, and to bring the person offering the same to sale before any of his majesty's justices of peace, to be com mitted 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 stoppéd the same, as if the goods had been seized by any officer.

Concealing run goods.

Offering to sale
Tun goods.

8. 20.

By 11 Geo. 1. c. 30, if any person shall knowingly harbour, keep, or conceal, or suffer to be harboured, kept, or concealed, any prohibited goods, or any run goods whatsoe ever, liable to duties of customs and excise, or either 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 recovered and mitigated as by the laws of excise; or in the courts at Westminster, half to the king, and half to him that shall sue. s. 16, 17, 89. If any person shall offer to sale any goods prohibited, or 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 next after such seizure, such goods shall be secured in the manner following; viz. 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 Geo. 3. c. 46. as to tea, in Vol. II. p. and 11 Geo. 1. c. 90. s. 3, and 6 Geo. 1, c. 21. s. 15, as to brandy, in Vol. II. Title Ex

CISE.

+ See Vol. II. Title EXCISE for the penalty on their hawking tobac co or suuff under 29 Geo. 3. c. 68. s. 124.

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 seizure; but if such goods be liable to an excise, then they shall be put into some office of excise, or under the custody of some officers of excise near the place.

J. 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 to sale. as aforesaid. s. 19.

Prohibited or run goods, as such, bought by any person, to. Buying run gether with the package, shall also be forfeited, and may be goods. 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 directed. s. 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; provided 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. s. 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. s. 39.

By 9 Geo. 2. c. 35, if any person who shall keep any ta- Penalty on an vern, alehouse, victualling house, or other house where ale, alehouse-keep◄ 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 found, 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, or who shall have been convicted, and shall fly from justice, he shall forfeit 100l. and be incapable of selling strong liquors by retail. s. 30.

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

VOL. IV.

s. 31.

Penalty on the hundred where an officer is obstructed or goods seized

are rescued.

By 19 Geo. 2. c. 34. s. 6. (made perpetual by 43 Geo. c. 157.) if any officer of the revenue, or other persons e ployed in seizing or securing any goods forfeited, for being pr hibited or uncustomed, or the duties not having been paid secured, or by any law to prevent the exportation of goo or in endeavouring to apprehend any offender against this a shall be beat, wounded, maimed, or killed, or the goods so ed shall be rescued by persons armed as aforesaid, the inha tants of every rape, lathe, or hundred where such facts are c mitted in England, shall make satisfaction for the damages, shall pay 100l. 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, wo ing, or maiming, exceed not 407. nor for the loss of the g 2001.) against the inhabitants of the hundred; and all the habitants of the hundred shall be proportionally assessed wards the payment of the damages and costs, and also of expences in defending such action; which assessment sha made and levied as in case of robberies, under the stat. 2, c. 16*.

But no person shall recover damages for any beating, ing, maiming, or loss of goods, unless within four days such injury he cause notice to be given of such offenc 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 san 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 s bound by recognizance to prosecute such offender; and person shall recover any damages by this act, unless bes said notice and recognizance, he give such notice and ent such recognizance as persons robbed are by the 8 Geo. directed to give and enter into. s. 7.

But where any offender is apprehended and convicte in six calendar months after the offence committed, 1 dred shall be subject to make any satisfaction for such d or to pay the said 100%. to the executors, &c. of suc person. s. 8.

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

s. 9.

* See this act under title HUE AND CRY.

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