49 Geo. 3. c. 65. Mitigation of penalties, $4. Expiration of imprisonment, § 5. Time for lay tions, § 6. or for condemning seizures made from persons unknown) deemed to be as good and sufficient a summons, and as legal and effectual a notice, as if the same were personally served upon such party, and as if the same were directed to such party by his proper name. Rule 10. Where any party shall or may be convicted before any two or more of His Majesty's justices of the peace, in any penalty incurred by any offence against any act relating to His Majesty's revenue of customs, wherein no power of mitigation shall be given to the said justices, or where it shall be given not specifically by the same act, but only by reference to some other law, it shall be lawful for the said justices, in cases where upon consideration of the circumstances they shall deem it expedient so to do, to mitigate the payment of the said penalty, so as the sum to be paid by such party be not less than one half of the amount of the penalty in which such party shall have been convicted. Rule 11. Where any such offender shall have been committed to any such gaol, for default of such distress, and shall there remain until the expiration of the period for which he shall have been committed, he shall be wholly discharged from the payment of such penalty, in respect whereof such warrant of distress hath been issued, as if the full penalty had been paid by the offender immediately upon con viction. Rule 12. No information or proceeding for any fine, penalty, or ing informa- forfeiture incurred by any offence against any act now in force or hereafter to be made, relating to His Majesty's revenue of customs, shall be exhibited or instituted before any justice of the peace after the expiration of six months from the time of committing the offence whereby such fine, penalty, or forfeiture hath been incurred. $6 Geo. 3. Two justices to determine cases. Rule 13. It shall be lawful for any two or more of His Majesty's c. 104. § 14. justices of the peace for any county, riding, city, division, or liberty to examine into, hear, and determine all prosecutions for the condemnation of any seizure made by virtue of any act relating to His Majesty's revenue of customs; and the said justices are hereby authorized and required, upon information exhibited before them, for the condemnation of any such seizure, to proceed thereon in the same manner and with the like powers and authorities as are given to them by any law of excise now in force with respect to forfeitures for the breach of any law of excise. By whom actions to be brought, 15. Rule 14. It shall not be lawful for any person whatsoever to commence, prosecute, enter, or file, or cause to be commenced, &c. any action, bill, plaint, or information against any person for the recovery of any fine, penalty, or forfeiture, incurred under any act now in force, or which shall hereafter be made, relating to His Majesty's revenue of customs or excise, or to issue, or cause to be issued any writ of appraisement for the condemnation of any boat or other vessel, or any goods seized as forfeited by virtue of any such act unless the same be commenced, &c. by order of the commissioners of customs or excise, or by or in the name of His Majesty's attorney-general; and if any action, &c. is commenced, &c. by or in the name of any person whatsoever, except upon such order, or by or in the name of His Majesty's attorney-general, the same and all proceedings thereupon had shall be null and void, and the court or justices of the peace, where or before whom such action, &c. shall be so commenced, &c. shall not permit any proceeding to be had thereupon. At what price Rule 15. No goods whatsoever, condemned as forfeited under any 56 Geo. 3. law of customs or excise in any part of the United Kingdom of Great c. 104. Britain or Ireland, shall be sold at a less price than shall be equal to goods to be the amount of the duties of customs and excise respectively payable sold, § 17. upon such goods, respectively, when imported or taken out for home consumption; and all condemned goods, for which, on public sale, a price shall not be offered equal at the least to the price aforesaid, and all condemned goods, the importation whereof is or shall be wholly prohibited, shall be forthwith destroyed or sold for exportation, or ap- Prohibited plied to such public use as shall be ordered by the lords commissioners goods. of the treasury. c. 34. bable cause of seizure. Rule 16. In case any information be commenced and brought to 19 Geo. 2. trial on account of the seizure of any ship as forfeited for illegally carrying goods, or of any wool or goods, as prohibited or uncustomed, Costs when or illegally carried or exported, or intended or attempted to be ex- there is proported, or as illegally re-landed after having been shipped or exported upon debenture or certificate, wherein a verdict shall be found for the claimer thereof, and it shall appear to the judge or court before whom the same shall be tried, that there was a probable cause of seizure, the judge or court before whom the said information shall be tried, shall certify on the record, that there was a probable cause for the prosecutor's seizing the said ships or goods; and in such case the defendant shall not be entitled to any costs of suit whatsoever, nor shall the persons who seized the said ship or goods, be liable to any action, indictment, or other suit or prosecution, on account of such seizure; and in case any action, indictment, or other prosecution be commenced and brought to trial against any person whatsoever, an account of the seizure of any such ship or goods, as prohibited or uncustomed, or as illegally carried or exported, or intended or attempted to be exported, or illegally re-landed as aforesaid, wherein a verdict shall be given against the defendant, if the court or judge, before whom such action or prosecution shall be tried, shall certify on the said record, that there was a probable cause for such seizure, then the plaintiff, besides his ship or goods so seized, or the value thereof, shall not be entitled to above 2d. damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above 1s. Costs for ex Rule 17. In case any information or suit be commenced and 23 Geo. 3. brought to trial, on account of the seizure of any goods whatsoever, c. 70. § 29. seized as forfeited by any act of parliament now in force, or hereafter to be made, relating to His Majesty's revenue of excise (b) or inland goods. duties, or of any vessel or boat, or of any horses or other cattle, or (a) 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 in"formation upon seizures, is made perpetual." (b) By 24 Geo. 3. sess. 2. c. 47. § 35. every regulation in the above act, touching any action to be brought against any officer of excise, or against any person acting by his order, and in his aid, for any thing done in the execution of, or by reason of his office, or any proceeding thereupon, shall be extended to all actions. to be brought against any officer of customs, or against any person acting by his orders and in his aid, for any thing done in the execution of, or by reason of his office, and to all proceedings in every such action, in as full a manner as if the officers of customs had been named and included in such act. As to officers of army, navy, militia, volunteers, and half-pay officers, see TITLE 5, Rules 76, 83, 99, and 100. ciseable $8 Geo. 3. c. 70. Notice of suing out writs, &c. § 30. Particulars in notice. When officers may tender demands, 31. If amends of any carriages used or employed in removing the s me, wherein a verdict shall be found for the claimer thereof; and all appear to the judge or court before whom the same shall be tried, that there was a probable cause of seizure, the judge or court before whom the same shall be tried shall certify on the record that there was a probable cause for the prosecutor seizing the said goods, vessels, &c. as the case may be; and in such case the claimant shall not be entitled to any cost of suit whatsoever, nor shall the person who seized the said goods, or the said vessels, &c. be liable to any action, indictment, or other suit or prosecution, on account of such seizure; and in case any action, indictment, or prosecution, be commenced and brought to trial against any person whatsoever on account of the seizure of any such goods, or of any vessels, &c. used and employed in removing the same, wherein a verdict shall be given against the defendant, if the court or judge before whom such action, indictment, or prosecution, shall be tried, shall certify on the said record, that there was a probable cause for such seizure, then the plaintiff, besides the thing so seized, or the value thereof, shall not be entitled to above 2d. damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above 1s. Rule 18. No writ shall be sued out against, nor a copy of any process served upon any officer of excise, or against any person acting by his order and in his aid, for any thing done in the execution of, or by reason of his office, until one calendar month next after notice in writing shall have been delivered to him, or left at the usual place of abode, by the attorney or agent for the party who intends to sue out such writ or process; in which notice shall be clearly and explicitly contained the cause of action, the name and place of abode of the person who is to bring such action, and the name and place of abode of the said attorney or agent; and a fee of 20s. shall be paid for the preparing and serving of every such notice, and no more. Rule 19. It shall be lawful for any of the said officers, or other persons acting in their aid, to whom such notice shall be given, at any time within one calendar month after such notice shall have been given, to tender amends to the party complaining, or to his agent or attorney, and in case the same is not accepted, to plead such tender in bar to any action to be brought against him, grounded on such writ or process, together with the plea of "Not guilty," and any other plea, with leave of the court; and if upon issue joined thereon, the jury shall find the amends so tendered to have been tendered, how sufficient, then they shall give a verdict for the defendant; and in such case, or in case the plaintiff shall become nonsuited, or discontinue his action, or in case judgment shall be given for such defendant upon demurrer, then such defendant shall be entitled to the like costs as he would have been entitled to in case he had pleaded the general issue only; and if, upon issue so joined, the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant in such other plea, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, together with his costs of suit. verdict shall be given. Evidence, $82. Rule 20. No plaintiff, in any case where an action shall be grounded on any act done by the defendant, shall be permitted to produce any evidence of the cause of such action, except such as shall be contained in the notice to be given as aforesaid, or shall recover any ver dict against such officer, or persons acting in his aid, unless he shall 23 Geo. 8. prove on the t 1 of such action that such notice was given, and in c. 70. default of such proof the defendant in such action shall recover a verdict and costs as aforesaid. §33. Rule 21. In case such officer, or others acting in his aid, shall Paying money neglect to tender any amends, or shall have tendered insufficient into court, amends before the action brought, it shall be lawful for him, by leave of the court where such action shall be brought, at any time before issue joined, to pay into court such sum of money as he shall see fit, whereupon such proceedings, orders, and judgments shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court. Rule 22. If any action be brought against any person for any Limitation of thing done by any officer of excise, or any others acting in his aid, in actions, § 34. execution of or by reason of his office, such action shall be commenced within three months next after the cause of action shall arise, and not afterwards; and shall be laid and tried in the county or place where the facts were committed, and not in any other county or place; and the defendant shall and may plead the general issue, and give the General issue. special matter in evidence at any trial to be had thereupon; and if the plaintiff shall become nonsuited, or discontinue his action, or if upon a verdict or demurrer judgment be given against the plaintiff, the defendant shall and may recover treble costs, and have such remedies Treble costs. for the same as any defendant may have in other cases where costs are given by law. Rule 23. If any person obstruct, assault, resist, oppose, molest, or Obstructing hinder, any officer of excise in the due execution of the several officers, § 36. powers and authorities given to such officers by this act, every person so offending shall (except in such cases for which other penalties are hereinbefore directed) forfeit, for every such offence, 100l. (a) 36. to be entered. Rule 24. No claim shall be permitted to be entered to any 24 Geo. 3. vessel or goods seized for any cause of forfeiture, and returned sess. 2. c. 47. into His Majesty's courts of exchequer in England or Scotland, hat unless such claim is entered in the true and real name of the owner, names claims or proprietor of the vessel or goods, describing the place of the in exchequer residence, and the business or profession of such person; and if such person shall reside at London or Edinburgh, or within the liberties thereof, oath shall be made before one of the barons of the said courts of exchequer, that the vessel or goods were really and truly the property of him at the time of such seizure; but if such person shall not be resident in London or Edinburgh, or the liberties thereof, then oath shall be made, in like manner, by the agent or Oath as to attorney, or solicitor, by whom such claim shall be entered, that he has property. full and legal authority and directions from such owner or proprietor to enter such claim, and that, to the best of his knowledge and belief, such vessel or goods were, at the time of the seizure thereof, bona fide and truly, the real property of the person in whose name such claim is entered; which oath shall be respectively indorsed and certified on the back of the indenture of appraisement upon which such claim shall be entered; and on failure thereof, the vessel or (a) See TITLE 5; and the case of "The King against Brady, Kierman, and Rouke," at the end of TITLE 5. [Rules 25-28. 24 Geo. 8. goods shall be absolutely condemned, and judgment shall be entered Sess. 2. c. 47. thereon by default, according to the usual method of proceedings of the court, in the same manner as if no claim had been entered thereto; and every person who shall be convicted of making or taking a false oath to any of the facts hereinbefore directed or required to be sworn, shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury. Bond, 87. Limitation of Rule 25. Upon the entry of any claim to any boat or other vessel, or to any goods seized for any cause of forfeiture, the person who shall enter the claim as the owner or proprietor thereof (in case such claimant reside in Great Britain) shall be bound, with two other sufficient securities, in the penalty of 100l. to answer and pay the costs occasioned by such claim; and if such owner or proprietor shall not reside in Great Britain, then the attorney or solicitor, by whose directions such claim shall be entered, shall, in like manner, be bound with two other sufficient securities in the like penalty, to answer and pay costs occasioned by such claim. Rule 26. If any action be brought against any person for any thing actions, § 39. by him done by virtue of this act, such action shall be commenced within three months next after the thing done, and shall be laid in the proper county. 57 Geo. 3. c. 87. § 7. Condemua tion of seizures when appear. Rule 27. In all cases where any goods, boats, carriages, horses, or cattle shall be seized as forfeited under any law of customs or excise, and no person shall appear to the officer who made such seizure to claim the same, if such seizure shall happen to be made out of the owners do not limits of the chief office of excise in London, it shall be lawful for the officer who shall make such seizure to cause public notice to be given by proclamation at the next market town to the place where such seizure shall have been made, upon the market day next after the expiration of six days from the time of such seizure, of the day and place when and where the justice of the peace will proceed to hear the matter of such seizure, and of condemnation of the goods so seized, in which case it shall be lawful for the said justice to examine into the cause of such seizure, and to give judgment for the condemnation of such goods, and of the packages containing the same, and of the boats, carriages, &c. seized as aforesaid, as upon due examination shall appear to be forfeited; which judgments shall be as valid and effectual in the law as if the respective owners thereof, or persons in whose custody the same were at the respective times of the seizure thereof, had been respectively summoned to attend the said justices. Penalties, § 8. Rule 28. Wherever by any law now in force relating to His Majesty's revenue of customs or excise, a penalty of treble the value of the goods is imposed upon any offenders, such offenders shall severally forfeit for every such offence, 100l. or treble the value of the goods, to be estimated at the rates and prices which the best goods of the like sorts, and for which the duties thereon have been paid, were sold at the time of such seizure, at the election of His Majesty's attorney-general, or the person who shall sue or prosecute for the same; and Mitigation. no such penalty shall be mitigated by any justice below one fourth part thereof. Baker against Chalk and Griffiths.—Trinity Term, 1775. the other a mariner on board, and held |