11 Geo. 1. c 30. keeper may prosecute. value of such goods, shall in every such case, be acquitted of the like forfeiting, or being prosecuted on account of the treble value of every such parcel of goods, on account whereof the other party shall be Warehouse prosecuted with effect; provided always, that if within one month next after making such seizure, either by the seller or buyer, or by the party to whom such goods are or shall be offered or exposed to sale, a prosecution is not commenced, and afterwards carried on for the adjudging and determining of and concerning the forfeiting or not forfeiting of such goods, by the party as shall so seize the same, the warehouse-keeper of the office of excise or inland duties, or other person in whose custody such goods shall be lodged, may prosecute for the forfeiture of such goods as, after having been so lodged, shall not, within such month next after such seizure, be prosecuted for by the party who shall have seized the same. Constables to attend officers, 31. 9 Geo. 2. Rule 25. Upon due request made by any officer of excise to any officer of the peace, to go along with him, and to be present at the doing or performing of any such act, or thing, at the doing and performing whereof the presence of such officer of the peace, by the statutes already made or hereafter to be made, is or shall be necessary, such officer of the peace shall refuse and neglect to go along with, or to be present with, such officer of and for the said duties, at the doing such act or thing; and if such officer of the peace, after such request, shall not go along with such officer and shall not be present at the doing such act or thing, at the doing whereof the presence of such officer of the peace, by the said laws, is or shall be necessary; then such officer of the peace so refusing, &c. shall for every such offence forfeit 201. Rule 26. All persons who to the number of two or more in comc. 35. 13. pany shall be found passing within five miles from the sea coasts, or What persons from any navigable river, with one or more horse or horses, or with ners of goods. any cart or carriage, whereon there shall be laden more than 6lb. of deemed run Proof of entry. tea (a) or brandy, or other spirits exceeding the quantity of five gallons, not having paid the duties by law charged thereon, and not having a permit for the same, or any other foreign goods above the value of 301. landed from any vessel, without the due entry and payment of the duties by law charged thereon, and shall carry any offensive arms or weapons, or wear any vizard, mask, or other disguise, when passing with such goods, or shall forcibly hinder, obstruct, assault, oppose, or resist any of the officers of the customs or excise, (b) in the seizing or securing any sort of prohibited, uncustomed, or run goods, or other the execution of their office, shall be deemed to be runners of foreign goods within the intent and meaning of 8 Geo. 1. (c) although no proof shall be given that such goods were run, or had not been duly entered and paid the duties; but the proof of such entry and payment of the duties, and of the manner how the said persons so found with the said goods came by the same, shall wholly lie on such persons; and every person being convicted of any of the said offences shall be adjudged guilty of felony, (d) and shall for his offence be transported as a felon to some one of His Majesty's plantations in America, there to remain for the space of seven years; and if any such offender shall return into Great Britain or Ireland before the ex (a) As to tea, see the note to Rule 69 of this title. (b) See Rule 68 of this title. piration of the said seven years, he so returning shall suffer as a felon, 9 Geo. 2. and have execution awarded against him as persons attainted of felony, c. 35. without benefit of clergy. Rule 27. All the goods so found, and all weapons and arms, as well Goods, &c. offensive as defensive, found upon or with such person, and all the fur- forfeited, niture of the horses, and other cattle and carriages so found, shall be $14. forfeited. within five Rule 28. Upon information to be given upon oath before any jus- Persons tices of the peace in any county, city, or liberty, that any persons are lurking or shall be lurking, waiting, or loitering within five miles from the sea miles of the coast, or from any navigable river, and that there is reason to suspect sea, &c. that they wait with intent to be aiding in the running, landing, or car- $ 18. rying away any prohibited or uncustomed goods, it shall be lawful for every such justice to cause all such persons to be brought before him, and to grant his warrant for the apprehending such offender, and bring them before any justice of the peace; and if such persons shall not give a satisfactory account of themselves, and their employments, or otherwise make it appear to the satisfaction of such justice that they are not to be concerned in any unlawful occupation, and are not at such place as aforesaid with intent to carry on clandestine practices, then every person who shall not give such account and satisfaction to such justice shall be committed to the house of correction, there to be whipped and kept to hard labour for any time which such justice shall in his discretion think meet, not exceeding one month, and the commissioners of customs or excise respectively shall cause to be paid Reward to to the person informing of such offender a reward of 20s. per head informer. for every such offender so taken. to clear Rule 29. If any such person so brought before such justice shall persons dedesire time for the making it appear that he is not concerned in any siring time of the clandestine practices above mentioned, such person shall not themselves, be punished by whipping or other correction; but in every such case, § 19. it shall be lawful for every such justice to commit such person to the common gaol, there to remain until he shall give such account of himself, or make proof of the matters aforesaid to the satisfaction of such justice, or until such person shall give sufficient security to the satisfaction of the said justice, not to be guilty of any of the said clandestine practices. with run goods, § 21. Rule 30. All persons whatsoever employed in carrying any goods Watermen, prohibited, run, or clandestinely imported, upon whom, or in whose &c. found custody, the same shall be found or seized, knowing the same goods to be prohibited, or to have been clandestinely run or imported without payment of the duties of customs or excise, and who shall be thereof lawfully convicted upon his appearance or default upon the oath or oaths of one or more credible witness or witnesses, or by the confession of the party before a justice of the peace of the county, division, or liberty where such offence shall be committed or the of fender found, shall forfeit treble the value of all such goods, one moiety thereof to the informer, the other moiety thereof to the poor of the parish where such offence shall be committed; the same to be levied by distress and sale of the offender's goods or chattels, by warrant under the hand and seal of such justice before whom such offender shall be convicted as aforesaid; and for want of such distress every (a) Extended to 100 leagues. See Rules 69 and 84 of this title. 9 Geo. 2. c. 35. duly, or put out of vessel, § 23. offender shall by such justice be committed to the house of correction, there to be whipped and kept to hard labour for any time that such justice of the peace shall in his discretion judge meet, not exceeding three months. Foreign goods Rule 31. In case any foreign goods shall by any boat or vessel be taken in un taken in at sea, or put out of any vessel whatsoever, within the distance of four leagues (a) from any of the coasts of this kingdom (whether the same be within or without the limits of any of the ports thereof), without payment of the duties due for the same (unless in case of apparent necessity or some other lawful reason, of which the master of such vessel or boat shall give immediate notice to and make proof before the chief officer or officers of customs of the first port of this kingdom where he shall arrive), such goods shall be forfeited, and the master of such vessel or boat and all such persons who shall be concerned in the unshipping or receiving of the said goods, shall forfeit treble the value thereof; and the boats and vessels into which the said goods shall be unshipped and taken in shall also be forfeited, any boat or vessel so to be forfeited not exceeding the burthen of 100 tons; and the master of such vessel out of which such goods shall be taken (unless in case of such apparent necessity or other lawful reason, whereof notice shall be given by him, and proof be made as aforesaid) shall also forfeit treble the value of the goods so unshipped. Officers may Rule 32. If any person passing as aforesaid with prohibited or oppose force uncustomed goods, and armed with guns or other offensive weapons, to force, § 35. shall hinder, molest, or resist any officer of customs or excise, who in the execution of his duty shall endeavour or offer to search for, take, or seize any prohibited or uncustomed goods from any person so passing with such goods, and armed as aforesaid, by beating, maiming, or wounding any of the officers above mentioned, or other persons acting in their assistance, then it shall be lawful for all officers of customs or excise, and all persons by them called to their assistance, who are so resisted, to oppose force to force, and to endeavour by the same methods that are violently used against them, and by which their lives are endangered, to defend themselves, and execute the duty of their office; and if any person so hindering, &c. the officers aforesaid or their assistants, shall in so doing be wounded, maimed, or killed, and the said officers and their assistants shall be molested, or prosecuted for the said beating, &c. such officer and persons may plead the general issue, and give this act and the special matter thereof in evidence in his defence; and all justices and persons before whom any such officer or other persons acting in their assistance shall be brought for any such wounding, maiming, or killing, are hereby authorized and required to admit every such person, so brought before them, as aforesaid, to bail. (6) 19 Geo. 8. Rule 33. If any persons, to the number of three or more, armed c. 34. § 1. (c) with fire-arms or other offensive weapons, shall be assembled, in order Persons arm- to be aiding in the illegal exportation of goods prohibited to be exported, or the carrying of such goods, in order to such exportation, ed, disguised, &c. (a) Extended to 100 leagues. See Rules 69 and 84 of this title; also TITLE 89. (b) See Rule 36 of this title. (c) Originally a temporary act, but by 43 Geo. 3. c. 157. so much of it "as "relates to the further punishment of persons going armed or disguised in defiance "of the laws of customs and excise, and to the relief of officers of customs, in "informations upon seizures," is made perpetual. or in the running, landing, or carrying away prohibited or uncustomed 19 Geo. 2. goods, or goods liable to pay any duties which have not been paid or c. 34. secured; or in the illegal re-landing of any goods whatsoever, which have been shipped or exported upon debenture or certificate; or in rescuing or taking away the same after seizure from any officer of customs or excise, or other His Majesty's revenue, or other person employed by him or assisting him, or from the place where they shall be lodged by him; or in rescuing any person who shall be apprehended for any of the offences made felony by this or any other act relating to the revenues of customs or excise: or in preventing the apprehending any person who shall be guilty of any such offence; or in case any persons, to the number of three or more so armed as aforesaid, shall be so aiding or assisting, or if any person shall have his face blacked, or wear disguise, when passing with such goods, or shall forcibly hinder, obstruct, assault, oppose, or resist any of the officers of customs or excise, or other His Majesty's revenue, in the seizing or securing any such goods; or if any person shall maim or dangerously wound any officer of customs or excise, or any other His Majesty's revenue, in his attempting to go on board any vessel within the limits of any of the ports of this kingdom, or shoot at, maim, or dangerously wound him when on board such vessel, and in the due execution of his office or duty, then every person so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony without benefit of clergy; (a) and every person who shall at any time be convicted of any of the offences afore-mentioned, within Scotland, shall for every such offence incur and suffer the pains of death and confiscation of moveables. [§ 2. 3. and 4. of this act are similar to Rules 58-60 of this title.] Rule 34. "And for the better and more impartial trial of any in- Where of "dictment or information which shall be found, commenced, or fences to be protried, § 5. "secuted for any of the offences made felony by this or any other "act relating to the revenues of customs or excise," it is enacted, that every such offence shall and may be inquired of, examined, tried, and determined in any county within England, in such manner as if the fact had been therein committed; provided, that no attainder for any of the offences made felony by virtue of this act, shall make or Corruption of work any corruption of blood, loss of dower, or forfeiture of lands or blood, &c. tenements. ficers, G. Rule 35. If any officer of His Majesty's revenue, or other person Beating or being employed in the seizing, conveying, or securing any goods for wounding of feited, on account of their being prohibited or uncustomed goods, or on account of the duties chargeable thereon not having been paid or secured, or by virtue of any law made to prevent the exportation of goods, or in endeavouring to apprehend any offender against this act, be beat, (b) wounded, maimed, or killed by any offender against this act, or the said goods so seized be rescued by persons so armed as aforesaid, in all such cases respectively, the inhabitants of every rape or lath, in such counties as are divided into rapes or laths, and in every other county, the inhabitants of every hundred where such facts shall County to be committed, within England, shall make full satisfaction and make good amends for all the damages which such officers or persons shall respectively suffer by such beating, wounding, and maiming respectively, and damages. 19 Geo. 2. c. 34. Person killed. &c. For loss of goods. Damages taxed. by the loss of such goods so seized and rescued, and shall also pay 100l. for each person so killed, to the executors or administrators of such officer or other person so killed; and such respective officers and other persons, and their executors and administrators are hereby enabled to sue for and recover such their damages, so as the sum to For beating, be recovered for any such beating, &c. shall not exceed 401. nor for the loss of the goods 2007. against the inhabitants of the said rape or lath, in such counties as are divided into rapes or laths, and in every other county the inhabitants of every hundred, who by this act shall be made liable to answer all or any part thereof; and if such person shall recover in such action, all the inhabitants of the rape or lath, in such counties as are divided into rapes or laths, and in every other county the inhabitants of every hundred, who by this act shall be made liable to all or any part of the said damage or sum, shall be rateably and proportionably taxed and assessed for payment of the damages and costs to be recovered by the plaintiff or plaintiffs in any action to be brought upon this act, and also of all just and necessary expenses in defending such action; which taxation and assessment shall be levied and paid in the manner prescribed for the levying and paying damages and costs recovered against inhabitants of hundreds in case of robberies, and for the levying and paying the just and necessary expenses in defending any action to be brought for such damages, by an act intituled," An Act for the "Amendment of the Law relating to Actions on the Statute of Hue "and Cry," made in the eighth year of the reign of His present Majesty, and by so much of any former law relating to actions against hundreds in case of robberies as is not repealed or altered by the said act; and if any plaintiff, in any action to be brought upon charges to be this act, be nonsuited, or shall discontinue his action, or if in such action judgment on demurrer or verdict be given against him, the charges necessarily expended in defending such action, over and above the costs in those cases to be taxed, and also the taxed costs, in case the plaintiff be insolvent, shall be levied by such taxation and assessment, and shall be paid in such manner as in the like cases such charges and costs in actions, brought upon the said act are thereby directed to be levied and paid; and every action to be brought upon this act shall be prosecuted in like manner as actions upon the said act of 8 Geo. 3. are directed to be prosecuted. How the levied if plaintiff nonsuited. Notice of injury, 7. Rule 36. No person shall recover any damages by virtue of this act, for any such beating, &c. or loss of goods, unless he shall, within four days after such damage or injury, cause notice to be given of such offence being committed, unto two or more of the inhabitants of some town, village, or hamlet near to the place where such fact shall have been committed, and shall, within eight days after such fact, declare, by examination upon oath, before some justice of the peace of the declaration. county, liberty, or division where the same was committed, which exa Time for Recognizance, &c. mination every such justice shall be obliged to take, whether he so examined do know the persons who committed such fact or any of them; and if upon such examination it be declared that he knew the persons who committed the same, or any of them, then he shall be bound by recognizance, to prosecute such offenders according to law; and no such person shall recover any damages by virtue of this act, unless he shall, besides the said notice and recognizance, give such notice, and enter into such recognizance as persons robbed are, by the said act of 8 Geo.3. directed |