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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 Farehouse, then they shall be lodged in some excise oftice near the place of seizure; but if such goods be liable to an exise, then they shall be put into some office of excise, or Inder the custody of some officers of excise near the place. : 18.
Every person exposing such goods to sale shall, besides for. or exposing the citing such goods, forfeit also treble the value, to be estimated same to sale. s aforesaid. s. 19.
Prohibited or run goods, as such, bought by any person, to. Buying run jether with the package, shall also be forfeited, and may be goods. cized from the buyer, either by the seller or any officer of cusoms or excise, provided that within the like respective times is before such goods be secured in like manner as before directe d. $. 20.
Where any person shall buy prohibited or run goods, which jy the seller shall be pretended to be prohibited or run, the ruyer, besides the goods, shall also forfeit treble the value, to le estimated as aforesaid : provided that it is not intended, that is well the party buying as the party selling shall both forfeit Teble the value of the same parcel; but the party, whether her buyer or seller, who shall first prosecute the other, shall be discharged from the treble value of every parcel, on account thereof the other party shall be prosecuted with effect; pro. tided that if within one month after such seizure by the party;
prosecution is not commenced and carried on by the party who shall seize ; the warehouse-keeper, or other person in whose ustody such goods, &c. shall be secured, may prosecute for the orfeiture 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 fern, alehouse, victualling house, or other house where ale, alehouse-keepe vine, brandy, or other strong liquors shall be sold by retail, er harbouring
sorugglers, hall knowingly receive, harbour, or entertain any person gainst whom process of arrest shall have issued, for any of ence against the laws of customs, and to which the sheriff or pther officer shall have returned, that such person cannot be ound, 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, pr who shall have been convicted, and shall dy from justice, be shall forfeit 1001. and be incapable of selling strong liquors by retail. $. 30.
But no person shall suffer for such entertaining, unless notice all bave been given six days before in two successive Ga. selles, 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. $. 31.
Penalty on the By 19 Geo. 2. c. 34. s. 6. (made perpetual by 43 Geo. 3 hundred where an officer is ob.C.
ec. 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 uucustomed, or the duties not having been paid o are rescued. secured, or by any law to prevent the exportation of goods
or in endeavouring to apprehend any offender against this act shall be beat, wounded, maimed, or killed, or the goods seiz. ed shall be rescued by persons armed as aforesaid, the inhabi tants of every rape, lathe, or hundred where such facts are com mitted in England, shall make satisfaction for the damages, and shall pay 100l, to the execuitors or administrators of each per son so killed. And such officers and other persons and their es ecutors and administrators, may sue for and recover their da mages (so as the sum to be recovered for any beating, wound. ing, or maiming, exceed not 401. nor for the loss of the good 2001.) against the inhabitants of the hundred; and all the inhabitants of the hundred shall be proportionally assessed to wards the payment of the damages and costs, and also of the expences in defending such action; which assessment shall be made and levied as in case of robberies, under the stat, & Ge. 2, c. 16*.
But no person shall recover damages for any beating, thound. ing, maiming, or loss of goods, unless within four days after such injury he cause notice to be given of such offence unto two or more inhabitants of some town or hamlet near to the place where such fact was committed, and within eight daya after such fact, declare, by examination upon oath before some justice of peace of the county or division where the same wa committed (which examination every such justice shall be oblig. ed to take), whether he knew the persons who committed such fact, or any of them; and if he knew any of them, he shall be bound by recognizance to prosecute such offender; and nc- such person shall recover any damages by this act, unless besides the said notice and recognizance, he give such notice and enter into such recognizance as persons robbed are by the 8 Geo. 2. c. 16. directed to give and enter into. $. 7.
But where any offender is apprehended and convicted with in six caleudar 'months after the offence committed, no hun dred shall be subject to make any satisfaction for such damages, or to pay the said 100l. to the executors, &c. of such kilicd person. S. 8.
Also no person shall bring any action against the inhabitants of any hundred, unless the same be commenced within one year after the offence committed. $. 9.
* See this act under title HUE AND CRY.
ed. tran rtation,
The CORPORAL punishments to which per
sons guilty of smuggling, or of such
to, are liable. By 13 & 14 Car. 2. c. 11, if any officers of the customs shall Forcibly obbe, by any person armed with club or any manner of weapon,
many manner of voanon structing offilorcibly hindered, affronted, abused, beaten, or wounded, ei- in the execution ther on board any ship or vessel, or upon the land or water, of their office, in the due execution of their office, every person so resisting, fine of 1001. affronting, abusing, or wounding the said officers or their de. an puties, or such as shall act in their assistance, shall by the next Justice of peace or other magistrate be committed to prison till the next quarter sessions: and the justices of the quarter ses
sions shall punish the offender' by fine, not exceeding 1001. and the offender is to remain in prison till he be discharged by order of the Exchequer both of the fine and of the im. prisonment, or discover the person that set him on work. 2.6.
And by 6 Geo. 1. c. 21, if any officers of the customs be If by 8 persone, forcibly hindered, wounded, or beaten, in the due execution arme of their office, by any persons armed with club or any wea." pon,' tumultuously assembled, to the number of eight or more, every such person, or such as shall act in their assistance, shall by order of the Court before whom they shall be convict. ed, be transported to some of the plantations in America for such term as the Court shall think fit, not exceeding seven years. S. 34.
And if such offenders shall return into Great Britain or Irea land before the expiration of the said term, they shall have exe. cution awarded as persons attainted of felony without benefit of clergy. s. 35.
But if any such offender shall within two months after his offence, and before conviction, discover two or more of his accomplices to the commissioners of customs, so as two of them be convicted, he shall have 401. for every offender so dis. covered, and shall be acquitted of his offence. 8. 36.
And if any other person shall within three months after such offence discover to the commissioners any person guilty, so as such offender be convicted, such discoverer shall receive the like reward of 401. for every offender, over and above any other reward on account of the goods which shall be recovered by means of such discovery, or on account of the penalty which shall be recovered for the running the goods. $. 37.
And the commissioners of the custoins shall cause the said rewards of 401. to be paid by the receiver general of the cusa toms out of any public money in his hands under the manage. ment of the said commissioners, on producing a certificate of the Judge before whom the cause was tried, certifying the conviction of the offender; and the money so paid by the receiver general shall be allowed in bis accounts. $. 38.
Also by 9 Geo. 2. c. 35, it is in general providerl, that if any officer of the customs or excise, being on board any ship, be forcibly hindered, wounded *, or beaten in execution of his office, either by day or night; the offender shall be transported
for seven years. S. 28. And opposing Also by 19 Geo. 3, c. 69, if any person whatsoever shall officers of Canse assault, resist, oppose, molest, obstruet or hinder, any officer toms or excise in making sei- of customs or excise in seizing or securing any coffee, tea, zures punistia- cocoa-nuts, chocolate, foreign brandy, or other foreigo spiri. ble in general tuous liquors, or any other goods whatsoever, liable to be seiz. as a misde
ed by any act now in force; or shall by force rescue, or cause meanlur.
to be rescued, any of the said goods, after seized, or shall at. tempt so to do; or, after such seizure, shall cut, stave, break, or otherwise destroy or damage any casks, vessels, boxes, or package, wherein the same shall be contained; the officers, and all persons acting in their aid, may stop the person 50 offending, and him carry before one justice; and the justice shall, if he see cause, “commit the person brought before him, to the next
county gaol, until the next quarter sessions,' there to be dealt
with as by this act is after directed. + s. 10. Obstructing of- And by 24 Geo. 3, sess. 2. c. 47, s. 15, and 34 Geo. 3. 6 ficers of the 50. s. 5. if any officer of the navy, or in the service of the navy, custoins, 6 customs or excise,' being on shore, f or going on board, or or excise.
being on board, or returning from on board, any ship, boat, or vessel, within the limits of any port, or within four leagues from the coast, or witirin the distance hereinafter particularly mentioned, shall be hindered, opposed, obstructed, or assault. ed, in the execution of his duty, by any person whatsoerer,
* See also 19 Geo. 2. c. 34. s. 1, and 24 Geo. 3. sess. 2. c. 47. s. 11, infra. whereby it is made felony without benefit of clergy to woord any officer attempting to go on board any vessel, or to shoot at or wound him when on board.
+ For the punishment to be inflicted on offenders committed under this clause see the sections 11, 12, 13, 14, 15, 16, 17, in p. 568. infra.
And for the power of a judge of the Court of King's Bench to issue a special warrant for the apprehending of such offenders, see EXCISE.
The words on shore mean being on land, and if any officer of excise seize any exciseable commodity such as soap or the like, in the due execution of his office at any inland place, and at any distance from the sea, he is within the scope and protection of the act. The K. v. Brady, Mic. Ter. 38 Geo. 3, 1 Bos. & Pul. 187.
6 Viz, within a supposed straight line from Walney Island in Lascas shire to Great Ormshead in Denbighshire.--Within a supposed straight line from Burdsuzy Island in Carnarvonshire to Strumble Head in P'embrats shire.--Within a supposed straight line from the Lizard in Cornwall, the Prall in Devonshire. Within a supposed straight line froin the Prad to the Bill of Portland in Dorsetshire --Within a supposed straight line from Cromer in Norfolk to the Spurn Head in Yorkshire-Within a supposed straight line from Flamborough Head in Yorkshire to the Stapies in Northumberland-Within a supposed straight line from the Mull of Galloway in Scotland to the point of Ayre in the Isle Man. 34 Geo. 3. c. 50. s.8.
ither in the day or night; or if any person acting in the aid or
against the offender as above, may commit him to the
1001. each, to appear at the then next ensuing court of yer and terminer, general gaol delivery, or great sessions, nd plead to any indictment, which may be found at such court y such misdemeanor; and such recognizance shall be transmitd to the clerk of assize, or other officer. s. 19. And by 9 Geo. 2. c. 25, if any person passing with prohibit. Oficers may d or uncustomed goods, and armed with offensive weapons, oppose force rall hinder any officers of the customs or excise, who in exe, by force; ution of his duty shall offer to search or seize any prohibited
uncustomed goods from any persons passing with such pods and armed as aforesaid, by beating the officers or other ersons acting in their assistance ; it shall be lawful for all ficers of his majesty's customs or excise, and all persons by ten called to their assistance, who are so resisted, to oppose prce to force, and by the same methods that are violently sed against them, and by which their lives are endangered, to Icfend themselves and execute the duty of their office; and if ny person so resisting the officers shall be wounded or killed, And the officers and their assistants shall be prosecuted, such municers, and persons acting in their assistance, may plead the feteral issue ; and all justices of peace, before whom such picers and other persons acting in their assistance may be brought, on account of such wounding or killing, are required. to admit such persons to bail. $. 35,