j2. EXPORTING TOOLS. per for the cotton or linen manufactures; he fhall forfeit the fame, and also 2001*. AND any officer of the customs may feize and fecure in fome of the king's warehouses, all fuch tools and untenfils or parts thereof as he fhall find in any fuch veffel; and the fame, after condemnation, shall be publicly fold: and half the produce thereof shall be to the king, and half to the officer who fhall feize the fame '. AND if the captain or master shall knowingly permit any fuch tools or utenfils to be put on board his ship, he shall forfeit 2001. and if it is a king's fhip, he shall also forfeit his office, and be incapable of any office under the crown". AND if any officer of the customs fhall take any entry outward, or fign any fufferance for fhipping or exporting any the said tools or utenfils, or knowingly permit the fame; he fhall forfeit 200l. and his office, and be incapacitated 2. 7 AND if any perfon fhall have in his poffeflion any fuch tools or implements proper for the cotton or linen manufac tures, or any tools or implements used in the woollen or filk manufactures (except ftock cards not exceeding 4s. a pair, and spinners cards not exceeding 15, 6d. a pair, intended to be exported to North America, 15 Geo. III, c. 5,) and oath shall be made before one justice that there is reason to believe such person hath in his poffeffion fuch tools or imple ments, or part thereof, with intent to export the same to fome other part or place than Great Britain or Ireland; fuch justice shall iffue his warrant to feize all fuch tools or implements and parts thereof, and alfo to bring the perfon complained of before him or some other juftice: And if he shall not give a fatisfactory account to fuch justice, of the use or #54. m § 3. TOOLS. purpose to which fuch tools or utenfils are intended to be appropriated, the faid juftice fhall caufe the fame to be de- PORTING tained, and bind the person so charged with reasonable sureties, to appear at the next affizes or feffions; and if he shall not give such security, the justice shall commit him to gaol till the next affizes or feffions, and until he shall be delivered by due course of law. And if he shall be there convicted, he fhall forfeit 2001°. ALL which forfeitures by this act inflicted on offenders shall be applied half to the king, and half to him who shall fue P. AND by the 21 Geo. III, c. 37, if any person shall put on board or pack in order to be put on board any veffel not bound directly to any port in Great Britain or Ireland, or fhall bring to any wharf or other place in order to be so put on board any fuch veffel, any machine, engine, tool, prefs, paper, utenfil or implement, or any part, model or plan thereof, proper for the woollen, cotton, linen, or filk manufactures; one juftice, on complaint upon oath by one witnefs, may issue his warrant to seize the fame, together with the package and other goods packed therewith (if any fuch there be), and to bring the perfon complained of before him or fome other justice; and if he shall not give to fuch justice á fatisfactory account of the purpose to which the fame are intended to be appropriated, the justice shall cause the same to be detained, and bind the party to appear at the next affizes or quarter feffions, and on neglect or refufal fo to do, shall commit him to the gaol or houfe of correction until the next affizes or feffions, and until delivered by due course of law. And on conviction at fuch affizes or feffions, upon indictment or information, he shall forfeit all the faid goods, and alfo 2001. and be imprifoned in the common gaol or § 2. EXPORTING houfe of correction for twelve months, and until the for feiture fhall be paid. AND the officers of the cuftoms may feize any fuch goods; and after condemnation in due courfe of law, the fame fhall be fold by order of the commiffioners to the beft bidder, and the produce thereof, after charges deducted, fhall go half to the king, and half to the officer who shall feize and profe cute'. AND if the captain or master of any vessel shall knowingly permit any fuch goods to be put on board; he fhall forfeit 200l. and if it is a king's fhip he fhall alfo forfeit his office, and be incapable to hold any office under the crown". AND if any officer of the customs fhall take any entry outward, or fign any fufferance for the shipping or exporting the fame, or knowingly permit the fame to be done; he shall forfeit 2001. and his office, and be incapacitated. AND if any perfon hath in his cuftody, or shall apply for, or procure to be made, any fuch machine or implement as aforefaid; he fhall, on the like conviction, forfeit the fame, and also 200l. and be imprisoned for twelve months and until the forfeiture fhall be paid. Prosecution upon this clause to be within twelve months after the offence committed". THE faid forfeitures, not herein otherwife directed, to go to the informer, after the expences of profecution paid3. PROVIDED, that nothing herein fhall extend to the preventing woollen cards or stock cards, not exceeding in value 4s. a pair, and spinners cards, not exceeding 1s. 6d. a pair, from being exported to any of his majesty's colonies in America", 951. г $93. §4. u16. 557. 759 FINALLY: By the 22 Geo. III, c. 60, if any perfon shall contract with or endeavour to perfuade any artificer concerned in printing callicoes, cottons, muflins or linens of any fort, or in preparing any blocks, plates, engines, tools, or utenfils for fuch manufactory, to go out of the kingdom, and be convicted thereof in the king's bench or at the affizes in England, and the court of justiciary and circuit courts in Scotland, he fhall forfeit 5ool. and be imprifoned for twelve months; for a fecond offence 1000l. and be imprisoned for two years. AND if any perfon fhall export or attempt to export any blocks, plates, engines, tools, or utenfils, commonly used in the callicoe, cotton, muslin, or linen printing manufactures; he fhall forfeit the fame, and alfo 500l. to be recovered in the courts at Westminster in England, and court of feflion in Scotland. § 2. EXPORTING TOOLS. AND any officer of the fhip conniving thereat shall forfeit 500l.; and if it is a king's ship, he shall also be incapacitated. In like manner, by act 25 Geo. III, c. 67, if any person shall feduce any artificers in iron or steel to leave the kingdom, he fhall incur a penalty of 500l. fterling, befides imprisonment for one year, and till payment; and for the fecond offence, a penalty of 1000l. and imprisonment for two years. The penalties recoverable as under 22 Geo. III, c. 60, only the action must be at the fuit of the lord advocate or any of the officers of the cuftoms. The penalty is divided between the king and the officer of the customs fuing. The offence is triable in England before the court of king's bench, gaol delivery and affizes, and quarter feffions, and the court of jufticiary, and circuit courts in Scotland. There may be reason to doubt, therefore, whether the Scottish quarter feffions are competent; the quarter feffions occurring in the enumeration of the Eng lifh courts. Vol. II. Y y CHAP. XIII. Of the Jurisdiction of the Justices in relation to the Customs. $1. I. IN GEN Definition. CU USTOMS are a duty paid by the merchant at the quay, upon all imported, as well as exported, commodities, by authority of parliament. They are fo called, according to Dr. Smith, as being customary payments; but Origin of Blackftone, anxious to derive the king's original right to cufthe name. toms from act of parliament, confiders the appellation as a translation of the French word couftum or coutum, which fignifies toll or tribute, and owes its own etymology to the word couft, which fignifies price, charge, or, as we have adopted it in English, cost. Early mode of taxation. IT is certain, at least, that this was a very ancient mode of taxation. It is taken notice of in our earlieft laws d. It Most popu- was, indeed, a very natural tax, the king being bound, of lar. 2 Blackft. B. i, c. 8. b Wealth of Nations, B. v, c. 2. B. i, c. 8, p. 315, d Stat. Wilhelmi, c. 36 § 3, and David II, c. 49. |