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Vessels and
Goods.

Houses to

Goods.

XL. AND be it further enacted, That it shall and may be lawful for any Officer of Customs, or Person acting under the Direction of the Commissioners of His Majesty's Officers, with Customs, authorized by Writ of Assistance under the Seal Writs of Assistof His Majesty's Court of Exchequer, to take a Constable, ance, may enter Headborough, or other Public Officer inhabiting near the search for unPlace, and in the Day-time, to enter into any House, Shop, customed or Cellar, Warehouse, Room, or other Place, and in case of prohibited Resistance to break open Doors, Chests, Trunks, and other Packages, there to seize and from thence to bring any uncustomed or prohibited Goods, and to put and secure the same in the Custom-house Warehouse in the Port next to the Place from whence such Goods shall be so taken as aforesaid: Provided always, that for the Purposes of this Act, any such Constable, Headborough, or other Public Officer duly sworn as such, may act as well without the Limits of any Parish, Ville, or other Place for which he shall be so sworn, as within such Limits.

XLI. AND be it further enacted, That all Writs of Writs of AsAssistance so issued from the Court of Exchequer as afore- sistance to be in force during said, shall continue and be in force during the whole of King's Reign, the Reign in which such Writs shall have been granted, and for Six and for Six Months from the Conclusion of such Reign. Months after

wards.

Police Officers seizing Goods to

carry them to the Custom

house Ware

XLII. AND be it further enacted, That if any Goods subject or liable to Forfeiture under this or any other Act relating to the Revenue of Customs, shall be stopped or taken by any Police Officer, or other Person acting by virtue of any Act of Parliament or otherwise duly autho- house. rized, such Goods shall be carried to the Custom-house Warehouse next to the Place where the Goods were stopped or taken, and there delivered to the proper Officer appointed to receive the same, within Forty-eight Hours after the said Goods were stopped and taken.

Goods stopped by Police Of ficers may be

retained until

XLIII. AND be it further enacted, That if any such Goods shall be stopped or taken by such Police Officer, on Suspicion that the same have been feloniously stolen, it shall be lawful for the said Officer to carry the same to the Trial of Persons Police Office to which the Offender is taken, there to charged with remain until and in order to be produced at the Trial of stealing them. the said Offender; and in such Case the Officer is required to give Notice in Writing to the Commissioners of His Majesty's Customs, of his having so detained the said Goods, with the Particulars of the same, and immediately

Vessels and
Goods.

Commissioners of Treasury or

after the Trial, all such Goods are to be conveyed and deposited in the Custom-house Warehouse as aforesaid, to be proceeded against according to Law; and in case any Police Officer making Detention of any such Goods, shall neglect to convey the same to such Warehouse, or to give the Notice of having stopped the same as before described, such Officer shall forfeit the Sum of Twenty Pounds.

XLIV. AND be it further enacted, That it shall and Commissioners may be lawful for the Commissioners of His Majesty's of Customs may Treasury of the United Kingdom of Great Britain and restore Seizures. Ireland, or any Three or more of them for the Time being,

Penalties.

-

Penalty on Persons unshipping, harbour

ing, or having Custody of any

prohibited or uncustomed Goods.

or the Commissioners of His Majesty's Customs, by any Order made for that Purpose under their Hands, to direct any Vessel, Boat, Goods, or Commodities whatever, seized as aforesaid under this or any Act relating to the Revenue of Customs, to be delivered to the Proprietor or Proprietors, whether Condemnation shall have taken place or not, upon such Terms and Conditions as they may deem expedient, and which shall be mentioned in the said Order; and it shall be also lawful for the said Commissioners of His Majesty's Treasury, and the said Commissioners of His Majesty's Customs, to mitigate or remit any Penalty or Fine which shall have been incurred, or any Part of such Penalty or Fine incurred under any Law or Laws relating to His Majesty's Customs, or to the Trade and Navigation of this Kingdom: Provided always, that no Person shall be entitled to the Benefit of any Order for Delivery or Mitigation, unless the Terms and Conditions expressed in the said Order are fully and effectually complied with.

of

XLV. AND be it further enacted, That every Person not arrested and detained as herein-after mentioned (1), who shall, either in the United Kingdom or the Isle of Man, assist or be otherwise concerned in the unshipping any Goods which are prohibited, or the Duties for which have not been paid or secured, or who shall knowingly harbour, keep, or conceal, or shall knowingly permit or suffer to be harboured, kept, or concealed, any Goods which have been illegally unshipped without Payment of Duties, or which have been illegally removed without Payment of the same, from any Warehouse or Place of Security in

(1) See § 80.

which they may have been originally deposited, or shall knowingly harbour, keep, or conceal, or permit or suffer to be harboured, kept, or concealed, any Goods prohibited to be imported, or to be used or consumed in the United Kingdom, or in the Isle of Man; and every Person, either in the United Kingdom or the Isle of Man, to whose Hands and Possession any such uncustomed or prohibited Goods shall knowingly come, shall forfeit either the Treble Value thereof, or the Penalty of One hundred Pounds, at the Election of the Commissioners of His Majesty's Customs.

XLVI. AND be it further enacted, That if any Goods, upon which there is a Drawback or Bounty, shall be shipped to be exported into Parts beyond the Seas, and shall afterwards be unshipped with Intention to be relanded in the United Kingdom (unless in case of Distress, to save the Goods from perishing), that then and in such Case the said Goods shall be forfeited, and the Master of the Vessel from which they shall be unshipped, and every Person concerned in the unshipping, and the Person or Persons to whose Hands the same shall knowingly come, or who shall knowingly harbour, keep, or conceal, or suffer to be harboured, kept, or concealed, such Goods, shall for every such Offence forfeit the Treble Value of the Goods, or the Penalty of One hundred Pounds, at the Election of the Commissioners of His Majesty's Customs.

XLVII. AND be it further enacted, That every Person who, by way of Insurance or otherwise, shall undertake or agree to deliver any Goods to be imported from beyond the Seas, at any Port or Place in the United Kingdom, without paying the Duties due on such Importation, or any prohibited Goods, or in pursuance of such Insurance, or otherwise, shall deliver or cause to be delivered any uncustomed or prohibited Goods, every such Person, and every Aider or Abettor thereof, shall for such Offence forfeit the Sum of Five hundred Pounds, over and above any other Penalty to which by Law he may be liable; and every Person who shall agree to pay any Money for the Insurance or Conveyance of such Goods, or shall receive or take such Goods into his Custody or Possession, or suffer the same to be so received or taken, shall also forfeit Five hundred Pounds, over and above any Penalty to which by Law he may be liable on account of such Goods.

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Penalties.

Penalty on Persons offering Goods for Sale

under Pretence

of being run or prohibited.

Persons found

or discovered to have been on board Vessels liable to Forfeiture, for being found within certain

Limits of the Coast, subject to the Penalty

be detained.

XLVIII. AND be it further enacted, That if any Person or Persons shall offer for Sale any Goods, under Pretence that the same are prohibited, or have been unshipped and run on Shore without Payment of Duties, that then and in such Case all such Goods (although not liable to any Duties or prohibited shall be forfeited, and the Person or Persons, and every of them, offering the same for Sale, shall forfeit the Treble Value of such Goods, or the Penalty of One hundred Pounds, at the Election of the Commissioners of His Majesty's Customs.

XLIX. AND be it further enacted, That every Person being a Subject of His Majesty, who shall be found or discovered to have been on board any Vessel or Boat liable to Forfeiture, under this or any other Act relating to the Revenue of Customs, for being found within Four or Eight Leagues of the Coast of the United Kingdom as aforesaid (1), or for being found or discovered to have been within any of the Distances or Places in this Act mentioned (2), from of 100l. and may or in the United Kingdom, or from or in the Isle of Man, having on board or in any Manner attached or affixed thereto, or having had on board or in any Manner attached or affixed thereto, or conveying or having conveyed in any Manner, such Goods or other Things as subject such Vessel or Boat to Forfeiture, or who shall be found or discovered to have been on board any Vessel or Boat, from which any Part of the Cargo shall have been thrown overboard during Chase, or staved or destroyed, shall forfeit the Sum of One hundred Pounds; and that every Person, not being a Subject of His Majesty, who shall be found or discovered to have been on board any Vessel or Boat liable to Forfeiture for any of the Causes aforesaid, within One League of the Coast of the United Kingdom or of the Isle of Man (3,, or within any Bay, Harbour, River, or Creek of the said Island, shall forfeit for such Offence the Sum of One hundred Pounds; and it shall be lawful for any Officer or Officers of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and he and they is and are hereby authorized, empowered, and required to stop, arrest, and detain every such Person, and

(1) See § 2. 4. 6. and 21.
(3) See § 5. and 9.

(2) See $ 3, 5. 7. 8. 9. 13. and 21.

to carry and convey such Person before Two or more Justices of the Peace in the United Kingdom, or a Governor, Deputy Governor, or Deemster in the Isle of Man, to be dealt with as herein-after directed: Provided always, that any such Person proving, to the Satisfaction of such Justices, Governor, Deputy Governor, or Deemster, that he was only a Passenger in such Vessel or Boat, and had no Interest whatever either in the Vessel or Boat, or in the Cargo on board the same, shall be forthwith discharged by such Justices.

L. AND be it further enacted, That every Person whatsoever, who shall unship, or be aiding, assisting, or concerned in the unshipping of any Spirits or Tobacco liable to Forfeiture under this or any other Act relating to the Revenue of Customs or Excise, either in the United Kingdom or the Isle of Man, or who shall carry, convey, or conceal, or be aiding, assisting, or concerned in the carrying, conveying, or concealing of any such Spirits or Tobacco, shall forfeit for such Öffence the Sum of One hundred Pounds; and every such Person may be detained by any Officer or Officers of His Majesty's Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and taken before Two Justices of the Peace in the United Kingdom, or a Governor, Deputy Governor, or Deemster in the Isle of Man, to be dealt with as herein-after directed.

LI. AND be it further enacted, That if any Person or Persons liable to be arrested and detained, under the Provi− sions of this or any other Act relating to the Revenue of Customs, shall not be detained at the Time of so committing the Offence for which he or they is or are so liable, or after Detention shall make his or their Escape, it shall and may be lawful for any Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or any other Person acting in his or their Aid or Assistance, or duly employed under such Officer, to stop, arrest, and detain such Person so liable to Detention as aforesaid, at any Time afterwards, and to carry him before Two Justices of the Peace, to be dealt with as if detained at the Time of committing the said Offence.

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Persons liable to be arrested, and making Escape, may afterwards be detained by any

Officer of the
Customs, &c.

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