No custom

house officer to clear inwards, &c. vessel, until duty paid.

Penalty.

Proviso.

Recovery of penalties.

true discovery, he or they shall, for such offence, forfeit £10.

SEC. 13. That no customer, collector, &c., or other officer of his Majesty's customs, shall clear inwards any vessel liable to the duties, as in this act, or give out any cockets, transire, returns or discharges, or shall permit any ship to go out of any of the ports, until the said master or owners shall produce an acquittance, signed by the receiver or collector of the said duties, by which it shall appear, that the master or owner has fully satisfied the duties, and is not more than three months in arrear, or that they are exempt from the payment (a) by virtue of the exemptions herein contained; and every master or owner who shall refuse or neglect to pay the said duties in manner, and within the time before limited and appointed; and every officer of customs who shall make default in any of the premises enjoined by this act, shall, for every such offence, forfeit the sum of £10, provided, that the master or owners may enter into agreement with the receiver or collector, to pay the said duties by half-yearly payments, that is to say, within twenty-one days from the 30th June and 31st December respectively in every year; a certificate of which agreement is to be produced to the collector or receiver of the port, to which the vessel belongs, to be by him signed and produced when occasion requires, to the collector or receiver of the port, at which the vessel shall report or discharge her cargo.

SEC. 15. That all penalties under this act to be paid by any master or owner, shall be recoverable before any magistrate or justice of the peace of the port or place, at

(a) Vessels exempted by this act (sec. 6,) from payment of the duty are— Boats employed in taking fish on the coasts of Great Britain or Ireland, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, or trading from place to place within any river of Great Britain or Ireland.

which any vessel shall be reported, or shall discharge her cargo; and that notice of any application for recovering any such penalty before such magistrate or justice of the peace, which shall have been served on the owner, master, or commander, broker, or agent of any such vessel, shall be deemed sufficient notice.

penalties.

SEC. 34. That all penalties and forfeitures given by Application of this act, shall be paid and applied in manner following: (that is to say,) one-third to the informer or person suing for the same, and the other two-thirds to the president and governors, on account of the trustees of the port to which the ship belongs, in respect of which the forfeiture arises, and such penalties shall be recovered in any of his majesty's courts of record at Westminster, or such of them as do not exceed the sum of £20, upon information upon the oath of one or more witnesses, before any one or more of his majesty's justices of the peace, in any part of the kingdom of Great Britain or Ireland, who shall not reside more than ten miles from the place of abode of the person or persons complained of, which justice or justices is or are hereby authorized and required to issue a warrant, to bring before him or them every person charged with any offence under this act, and in case they shall neglect or refuse to pay the penalties, to issue warrants to levy the same by distress and sale of the offender's goods, and in case of no distress found, to commit the offender to the common gaol for the space of three calendar months, or until the penalty be paid.

SEC. 35. That actions brought against persons for any thing done under this act, shall be within two calendar months, and shall be local, and the defendant may plead the general issue, and give this act and a tender of amends before action brought, or the special matter, in evidence; and if it appear that the act complained of was done in pursuance of this act, or that the action was not brought in time, or in a wrong county, or the jury shall find no

Limitation of against persons for acting in this statute.

actions brought

execution of

greater damages than the amends tendered, there shall be a verdict for defendant: or if the plaintiff be nonsuit, or discontinue, or have a verdict against him, or judgment against him on demurrer, the defendant shall have double costs, to be recovered as in other cases at law.

SCHEDULE (A) TO WHICH THE ACT REFERS.

A list and account of the crew (including the master and apprentices) of the ship of the port of whereof

is master at the period of her departure from the in the United Kingdom, and on her return

-port of
to the port of

in the United Kingdom, and also of those who have joined the ship at any time during the voyage,

9 GEO. IV. CH. 55.

Act for amending and consolidating the Laws relative to
Larceny, and other Offences connected therewith.
[15th July, 1828.

IT IS ENACTED,

SEC. 20.-That if any person shall offer for sale any goods which shall have been unlawfully taken from any ship or vessel in distress, wrecked, or stranded, any person to whom the goods shall be offered for sale, or any officer of the customs or excise, or peace officer, may seize the same and carry them before a justice of the peace, or give notice of the seizure, and if the person offering the goods for sale, on summons by the justice shall not appear, and satisfy the justice that he came lawfully by the goods, then the same shall be delivered over to the use of the right owner, on payment of a reasonable reward to the person who seized the same, and the person so selling or offering for sale the goods, shall, on conviction of the offence before two justices, pay the reward, and such sum not exceeding £30, as to such two justices shall seem meet.

Offering goods

from a ship.

for sale taken

SEC. 26. That any person who shall unlawfully and Unlawfully taking deer. wilfully course, hunt, snare, or carry away, or kill, or wound, or attempt to kill or wound, any deer kept in a park or paddock, on conviction before two justices, shall forfeit any sum not exceeding £30.

thereof found

SEC. 27. That if any deer, or the head, skin, or other Deer or part part thereof, be found in the possession of any person by in the possesvirtue of a search warrant, such person not satisfying the sion. justice of the peace, that he came lawfully by the same, shall on conviction forfeit a sum not exceeding £20: and if any such person shall not be liable to conviction, then

Stealing ani

mals not the

subject of lar

ceny at common law.

Found, knowing

to have been stolen.

Stealing ore or

coal.

it shall be lawful for the justice to summon any other person, through whose hands such deer, head, skin, or part shall have passed, and such person not satisfying the justice that he came lawfully by the same, shall forfeit a sum not exceeding £20.

SEC. 28. That if any person shall steal any dog, or beast, or bird, ordinarily kept in a state of confinement, not being the subject of larceny at common law,(a) on conviction before two justices of the peace, he shall for the first offence forfeit the value of the animal, and also any sum not exceeding £20, and for a subsequent offence shall be committed to gaol and kept to hard labour for any term not exceeding twelve calendar months.

SEC. 29. That if any dog, or such beast, or bird, or the skin thereof, shall be found, by virtue of a search warrant, in the possession of, or on the premises of any person, knowing that the same has been stolen, such person shall, on conviction, suffer the penalties enacted in sec. 28.

SEC. 30. That if any person shall steal, or sever with intent to steal, the ore of any metal or any coal, every such person shall be guilty of felony, and on conviction suffer the punishment directed, as in the case of simple larceny, viz., (by sec. 3 of this act,) transportation for seven years, or imprisonment for any period not exceeding two years, at discretion of court, and if a male, to be once, or twice, or thrice publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment.

(a) Sir W. Blackstone thus defines animals, the stealing of which did not constitute larceny at common law: As to those animals which do not serve for food, and which therefore the law holds to have no intrinsic value, as dogs of all sorts, and other creatures kept for whim and pleasure, though a man may have a base property therein, and maintain a civil action for the loss of them, yet they are not of such estimation as that the crime of stealing them amounts to larceny."-4 Bl. Com. 235.