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57 G. 3. c. 33. Such vessels coming from any place be

tween Brest and Cape Finisterre, &c. having on board a larger quantity of spi

rits, &c. than

herein mentioned, goods and

vessels shall be

manner.

§ 2. If any ship or vessel (not being square-rigged) coming from any place between Brest on the coast of France, and Cape Finisterre on the coast of Spain, including all islands on the coasts of France and Spain between those places, or coming from any place between the Helder Point on the coast of Holland and North Bergen on the coast of Norway, or from any place as far up the Cattegat as Gottenburgh, including all islands on the coasts between those places, shall arrive in any of the ports of that part of the united kingdom called Great Britain, or shall be found at anchor or hovering, or shall have been discovered to have been within the said limits or distances, and not proceeding on her voyage, wind and weather permitting, unless forfeited in like in case of unavoidable necessity and distress of weather, of which necessity and distress the master or other person having or taking the charge or command of such ship or vessel shall give notice and make proof before the collector or other chief officer of the customs of any port within the limits of which such ship or vessel shall be found, immediately after the arrival of such ship or vessel within the limits of such port, having on board, for the use of the seamen then belonging to and on board such ship or vessel, any brandy or other spirituous liquors exceeding one gallon for each seaman, or having on board any tea exceeding four pounds weight in the whole, or having on board any tobacco, excepting loose tobacco not exceeding two pounds weight for each seaman; then not only all such goods, but also the ship or vessel on board which they shall be found as aforesaid, with all her guns, furniture, ammunition, tackle, and apparel, shall be forfeited, and shall and may be seized by any offcer or officers of his majesty's army, navy, or marines, or of the customs or excise."

Forfeitures how

§ 3. "All forfeitures imposed by this act shall be sued for, levied, to be recovered, and recovered by such ways, means, or methods, as any forfeiture is or may be recovered by any law or laws of customs or excise, or by action of debt, bill, plaint, or information in any of his majesty's courts of record at Westminster, or in the court of exchequer in Scotland."

Provisions of 57. G. 3. c. 33. shall extend to vessels coming

from the port of board spirits, &c. exceeding a certain quantity.

Brest having on

9 G. 2. c. 35. Persons lurking within five miles

of the coast.

And by 59G. 3. c. 121. § 6. All the provisions and forfeitures of the 57 G. 3. c. 33. shall extend to all ships or vessels (not being squarerigged) coming from the said port of Brest, which shall arrive in any of the ports of that part of the united kingdom called Great Britain, or be found at anchor or hovering within the limits or distances therein mentioned, having on board for the use of the seamen then belonging to and on board such ship or vessel, any brandy or other spirituous liquors exceeding one gallon for each seaman, or having on board any tea exceeding four pounds weight in the whole, or having on board any tobacco (excepting loose tobacco, not exceeding two pounds weight for cach seaman), as fully and effectually to all intents and purposes as if the said act, and all the clauses, provisions, powers, authorities, forfeitures, matters, and things relating thereto, were particularly and expressly repeated and re-enacted in the body of this present act.

By stat. 9 G. 2. c. 35. § 18. Upon information before a justice of peace that any person is lurking, waiting, or loitering, within five miles from the sea-coast or any navigable river, and that there is reason to suspect that he waits with intent to be aiding in running, landing, or carrying away prohibited or uncustomed goods, the justice may grant his warrant to bring him before him; and if he shall not give a satisfactory account of himself and his employment, or

otherwise make it appear that he is not to be concerned in or aiding in any clandestine or unlawful business, and is not at such place with such intent, he shall be committed to the house of correction, to be whipped and kept to hard labour not exceeding one month; and the commissioners of the customs or excise shall cause to be paid to the informer a reward of 20s. for each offender.

§ 19. But if such person shall desire time for clearing himself, he shall not be punished by whipping or other correction, but shall be committed to the common gaol till he shall so do, or till he find security not to be guilty of any of the said offences.

By 19 4.3. c. 69. § 8. It shall be lawful for the officers of cus 19 G. 3. 6. 69. toms or excise, and the persons acting in their aid, to arrest, stop. and detain all persons found aiding in unshipping, to be laid on land, any tea, foreign brandy, or other spirits, or any goods whatsoever, (customs and other duties not being first paid or secured), or which are or may be prohibited to be imported into this kingdom, and convey them before a justice of peace residing near the place, who, if he see cause, shall commit them to the next county gaol, there to remain without bail or mainprize till the next quarter sessions, to be tried as by this act is directed.

By stat. 8 G. 1. c. 18. § 10. (continued by 43 G. 3. c. 29. § 9. and made perpetual by 49 G. 3. c. 20. § 4.) If any person shall knowingly receive or buy any run goods, before they shall have been legally condemned, he shall on conviction (after summons) by confession, or oath of one witness, before one justice where the offence shall be committed or the offender shall be found, forfeit 202.; half to the informer and half to the poor; to be levied by distress; for want of distress, to be committed to prison for three months.

8 G. 1. c. 18.

Buying or receiving run goods.

And by the 11 G. 1. c. 30. § 16, 17. If any person shall knowingly 11 G. 1. c. 30. harbour, keep, or conceal, or suffer to be harboured, kept, or con- Concealing run cealed, any prohibited or run goods liable to pay customs or excise; goods. he shall (whether he claim any property in them or not) forfeit the same, and treble value. The price to be estimated at the rate the

best goods of the kind shall at such time bear in London.

§18. If any person shall offer to sale any prohibited goods, or Offering to sale which have been or are by him pretended to have been run; the same, run goods. together with the package, shall be forfeited, and be seized by the party to whom they are offered to sale, or by any officer of the customs or excise. Provided that if the seizure be within the bills of mortality, then within 24 hours, if elsewhere within 48 hours, after seizure, they be put into the king's warehouse near the place of seizure; and if it be far from any such warehouse, then in some excise office near.

§ 19. And the person offering or exposing them to sale shall also forfeit treble value.

§ 20. And the said goods, if sold, may be seized (with the package) from the buyer, either by the seller or any such officer.

§ 21. The buyer shall also forfeit treble value. But both buyer and seller shall not be prosecuted for the same goods, but whichever of them shall be first prosecuted by the other, the other shall be discharged; but if prosecution shall not be commenced in a month, the warehouse-keeper may prosecute.

§ 39. Which said forfeitures shall be recovered and mitigated as by the laws of excise, or in the courts at Westminster; half to the king and half to him that shall sue.

C

9 G. 2. c. 35. Porter carrying run goods.

8 G. 1. c. 18. Persons armed

or disguised, and being 5 in num

ber, and within 20 miles of the coast, resisting the officers.

59 G. 3. c. 121. Persons found or having been on board of vessels liable to forfeiture, wearing

vizards or masks shall, on convic tion, be transported.

9 G. 2. c. 35. Being two in number, and having cart and

horses, within 5 miles of the coast or navigable river.

By stat 9 G. 2. c. 35. 21. All porters, and others, knowingly carrying tun or prohibited goods, and who shall be convicted (A, B, C) thereof (on appearance or default) on the oath of one witness, or confession, before one justice where the offence shall be committed, or the offender found, shall forfeit treble value, half to the informer, and half to the poor, to be levied by distress (D) by warrant of such justice, and for want of distress to be committed (E) to the house of correction, to be whipped and kept to hard labour not exceeding three months.

By the 8 G. 1. c. 18. § 6. (vide ante.) Persons passing with foreign goods landed without entry, within 20 miles of the coast, if they be more than five in number, or armed or disguised, or who shall forcibly resist the officers of the customs or excise in seizing run goods, shall be deemed runners of foreign goods within this act; and on conviction, guilty of felony, and transported for seven years.

§ 7. But if any such runner shall in two months after his offence, and before conviction, discover his accomplices, so as two or more be convicted, he shall have a reward of 401. for every offender convicted if the value of the run goods exceed 501., and he shall be acquitted.

§8. And any other person discovering any one offender in three months, so as he be convicted, shall have in like manner 40l. for every such offender, over and above what he may be entitled to on account of the said run goods, so as the value of the run goods exceeds 1501.

By 59 G. 3. c. 121. § 4. "If any person or persons, being his majesty's subject or subjects, shall be found or taken on board, or discovered to have been on board any ship, vessel, or boat liable to forfeiture under any of the provisions of any act or acts of parliament, for being found or having been at anchor or hovering within any such distances of any of the dominions of his majesty, with such goods on board as subject such ship, vessel, or boat, or goods, to forfeiture, wearing any vizard, mask, or other disguise, such person or persons shall be adjudged guilty of felony, and shall on conviction for such his, her, or their offence, be transported as a felon for the space of seven years; and if any such offender shall return into Great Britain or Ireland before the expiration of the said seven years, he, she, or they so returning shall suffer as a felon, and have execution awarded against him, her, or them, as persons attainted of felony without benefit of clergy

By the 9 G. 2. c. 35. § 13. Persons being two or more in company, who shall be found passing within five miles from the coast, or from any navigable river, with one or more horses, or with any cart or carriage, whereon there shall be laden more than six pounds of tea, or spirits, brandy, or other liquors exceeding five gallons, not having paid the duties, and not having a permit, or any other foreign goods of above 304. value, landed without entry and payment of duties, and shall carry any offensive arms, or wear any disguise, or shall forcibly obstruct or resist any officer of the customs or excise in seizing or securing any prohibited, uncustomed, or run goods, or other execution of their office, shall be deemed runners of foreign goods, within the meaning of the said act of 8 G. c. 18. although no proof shall be made that such goods were run, or had not been entered and paid duty; but the proof of such entry and payment, and how they came by the goods, shall lie on such persons

and every person convicted of any such offence shall be guilty of felony, and transported for seven years.

§14. And all the goods so found, and all weapons, and arms, and all the furniture of their and every of their horse and horses, cattle and carriages, and the chests and other package, shall be forfeited.

15. And if any officer of the customs or excise shall lose any Officer or other limb or an eye, or be otherwise maimed or dangerously wounded person wounded; by any offender last mentioned, in apprehending or endeavouring to apprehend him, or making pursuit after such offender, he shall on the conviction of such offender have a reward of 50l. over and above any other reward he may be entitled to by this act; and if any person be killed in apprehending or endeavouring or killed. to apprehend, or in making pursuit after such offender, his executors or administrators, (on certificate under hand and seal of the justice of assize for the county where the fact was done, or the two next justices of the peace, of such person being so killed) shall have 501. over and above any other reward they may be entitled to by this

act.

§ 16. If any person shall in three months after such last men- Informer. sioned offence committed, discover to the commissioners of the customs or excise any offender so as he be convicted; he shall have 501. for every such offender, over and above any other reward he may be entitled to by any law at the time of this act passed, in being.

17. And the commissioners of the customs and excise shall cause the rewards to be paid out of the said revenues, on producing a certificate under the hand of the judge certifying the conviction, or on producing such certificate of the person being killed; and if any dispute shall arise between the persons entitled to the reward, the same shall be adjudged by the commissioners.

19 G. 3. c. 69.

To the number

By the 19 G. 3. c. 69. § 9. 11, 12. If any persons to the number of two or more shall be found passing with any horse, cart, or carriage, whereon shall be laden more than six pounds weight of of two or more passing with tea, or foreign spirituous liquors exceeding five gallons, not having horse and carpaid the duty, and not having a permit; and shall carry any offensive riage, and disarms, or wear any disguise, when passing with such tea or spirituous guised. liquors, any officer of the customs or excise, and all other persons acting in their aid, may arrest such persons, and carry them before a justice, who (if he see cause) shall commit them to the next county gaol, till the next general quarter sessions. And in such case, the officer who conveys any such offender before the justice shall enter into recognizance in 40l. to appear and prosecute. And the commissioners shall order the charges of prosecution to be paid by the receiver general of the customs and excise respectively. And the justices at such sessions shall hear and determine the offence, and if the person committed be convicted, they shall in lieu of any other punishment by any former act commit him to hard labour in the house of correction for a term not exceeding three years nor less

than one.

And by stat. 9 G. 2. c. 35. § 10. Upon information on oath 9 G. 2. c. 35. before a justice of the peace that any persons to the number of three Apprehending or more are or have been assembled, to be aiding in the clandestine riotous smugrunning, landing, or carrying away prohibited and uncustomed glers.

1

9 G. 2. c. 35.

Persons maimed

them.

other offensive weapons, he shall grant his warrant to the constables and other peace officers, requiring them to take to their assistance as many as may be thought necessary for apprehending such persons; and he may, if on examination he find cause, commit them to the next county gaol, there to remain without bail or mainprize, until they be discharged by due course of law; and such persons, on conviction of their being assembled and armed as aforesaid, shall be adjudged guilty of felony, and transported for seven years.

§ 11. The apprehender of every such person convicted shall have for every such offender convicted a reward of 501. immediately after conviction and demand made, tendering a certificate under the hand of the judge certifying the conviction, and that he was taken by the person claiming the reward.

If any person shall lose a limb, or an eye, or be maimed, or danin apprehending gerously wounded in apprehending or endeavouring to apprehend or in pursuing such offender, he shall on such conviction have a reward of 501. over and above any other reward that he shall be entitled to by this act.

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Id.

If any person shall be killed in taking or endeavouring to take, or in pursuing such offender; his executors or administrators (on certificate under the hand and seal of the justice of assize for the county where the fact was done, or of the two next justices of the peace, of such person being so killed) shall have a reward of 501. over and above any other reward they may be entitled to by this act. Id.

§ 12. And if any offender shall in three months after his offence, and before his conviction, discover two or more accomplices to the commissioners of the customs or excise, so as two at least may be convicted, he shall have 501. for every person so convicted; and be discharged of his offence.

The said rewards to be paid as in the last section.

By the 19 G. 2. c. 34. § 1. If any persons, to the number of three or more, armed with fire arms or other offensive weapons, shall be assembled in order to assist in the illegal exportation of wool or other goods prohibited to be exported, or in running, landing, or carrying away prohibited or uncustomed goods, or goods liable to pay duties which have not been paid or secured, or in relanding goods after drawback, or in rescuing the same after seizure, or in rescuing any person apprehended for any offence made felony by any act relating to the customs or excise, or in preventing his being apprehended; or if any person shall have his face blacked, or wear any disguise, when passing with such goods; or shall forcibly hinder or assault any revenue officer in seizing or securing such goods, or shall maim or dangerously wound any such officer attempting to go on board any vessel within the limits of any part of this kingdom, or shoot at, maim, or dangerously wound him when on board, and in due execution of his duty; he shall be guilty of felony without benefit of clergy.

§2. And persons charged with any the said offences before a justice of the peace, by information on oath of one or more credible persons by him or them to be subscribed, the justice shall forthwith certify the same under his hand and seal, and return the information to one of the secretaries of state, who shall lay the same before the king in council, who may thereon make his order, commanding the offender to surrender in 40 days after the first publication thereof in

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