may, in the day-time, enter into any house, shop, cellar, warehouse, or prohibited room, yard, or other place, and, if necessary, break open doors, goods. chests, trunks, and other packages, and there seize and bring away any goods or merchandise whatsoever which may have been landed or brought within the limits of the jurisdiction in contravention of any Ordinance or Ordinances, and all writs of assistance so issued shall continue in force during the reign for which they were granted, and for six months afterwards. search 163. Every Court or Magistrate who by law may issue search- Courts and warrants for the discovery of anything by or in respect of which a Magistrates crime or offence has been committed, may issue search-warrants for may issue the discovery and seizure of any goods or merchandise of any warrants. description illegally imported within the limits of the Colony, and such search-warrants shall for the particular case have the same force and effect as a writ of assistance issued under the seal of Her Majesty's Supreme Court of the Colony; and all officers of the Customs and of the constabulary acting under the authority of such search-warrants shall have and exercise the same powers as are or may hereafter be given by any Ordinance to officers acting under the authority of writs of assistance. 164. All ships, boats, carriages, and other means of conveyance, Ships, boats, together with all horses and other animals made use of in the carriages, &c., removal, carriage, or conveyance of any goods liable to forfeiture, used in reunder this or any other Ordinance relating to the Customs, shall be moval of forfeited. smuggled goods, for feited. to forfeiture may be detained. 165. All ships and boats, and all goods whatsoever liable to for- Ships and feiture, and all persons liable to be detained for any offence under goods liable this or any other Ordinance relating to the Customs, shall and may be seized or detained in any place, either upon land or water, by any seized, and officer or officers of the Customs, or by any person having authority persons from the Governor to seize, or duly employed for the prevention of smuggling; and all ships, boats, and goods so seized or detained shall, as soon as possible, be delivered into the care of the Collector or other proper officer of the Customs, at the port next to the place where the same were seized, who shall secure the same by such means, and in such manner, as shall be provided and directed by the Governor, and the forfeiture of any ship or boat shall be deemed to include her tackle, apparel, and furniture, and the forfeiture of any goods shall be deemed to include the packages in which the same are found, and all the contents thereof. to proper 166. If any goods liable to forfeiture under this or any other Police officers Ordinance relating to the Customs shall be stopped or taken by seizing goods, any police officer, or other person acting by virtue of any Ordinance to carry them of the Colony, or otherwise duly authorised, such goods shall be officer of delivered into the care of the Collector or other proper officer of Customs. the Customs, at the port next to the place where the goods were stopped or taken, within seventy-two hours after the said goods Goods stopped by police officers may be retained until trial of were stopped and taken, to be there secured and dealt with as aforesaid. 167. If any such goods shall be stopped or taken by any police officer on suspicion that the same had been feloniously stolen, the said officer may carry the same to the police office to which the offender is taken, there to remain until and in order to be produced persons at the trial of the offender, and in such case the officer is required charged with stealing them. to give notice in writing to the Collector or other proper officer of the Customs, at the port next to the place where the goods were stopped or taken, of his having so detained the said goods, with the particulars of the same; and immediately after the trial of such offender all such goods shall be delivered into the care of such Collector, or other proper officer of the Customs, to be secured and dealt with according to law; and in case any police officer making detention of any such goods shall neglect to deliver the same to such Collector, or other proper officer of the Customs, or to give the notice of having stopped the same as before prescribed, such officer shall forfeit the sum of twenty pounds. Notice to be given by seizing officer to owner of ship or goods seized, and seizures to be claimed within one month. Ships and goods seized may be disposed of as the Governor directs. Persons may be searched if 168. Whenever any ship, boat, or goods shall be seized as forfeited under this or any Ordinance relating to the Customs, the seizing officer shall forthwith give notice in writing of such seizure, and of the grounds thereof, to the master or owner of such ship, boat, or goods, if known, either by delivering the same to him personally, or by delivery thereof at his place of abode or business, or by letter addressed to him at his place of abode or business and transmitted by post: Provided that such notice shall not be required in cases where the seizure is made on the person or in the presence of the offender, and all ships, boats, or goods so seized under any Ordinance relating to the Customs shall be deemed and taken to be condemned, and may be sold or otherwise disposed of, unless the person from whom such ships, boats, or goods shall have been seized, or the owner of them, or some person authorised by him, shall within one month from the day of seizing the same give notice in writing, to the Collector of Customs at the port nearest to the place of seizure, that he claims the ship, boat, or goods, or intends to claim them. 169. All ships and boats and all goods whatsoever which shall have been seized and condemned for breach of any law relating to the Customs shall be disposed of for the service of the Government of the Colony as soon as conveniently may be after the condemnation thereof in such manner as the Governor may direct. As to Offences committed by, and Penalties attaching to Persons. 170. Any officer of the Customs, or other person acting in his officers have aid, or duly employed for the prevention of smuggling, may search any person on board any ship, vessel, or boat in any port or place reason to goods are within the limits of the jurisdiction, or any person who shall have suspect landed from any ship or boat, provided such officer shall have good smuggled reason to suppose that such person has any uncustomed or pro- concealed hibited goods secreted about his person; and if any person shall upon them. obstruct any such officer in going, remaining, or returning from on board, or in searching such ship, or boat, or persons, every such person shall forfeit the sum of one hundred pounds; and if any Penalty on passenger or other person on board any such ship or boat, or who persons denymay have landed from any such ship or boat, shall, upon being foreign goods. questioned by any such officer whether he has any foreign goods upon his person, or in his possession, deny the same, and any such goods shall after such denial be discovered to be or to have been upon his person, or in his possession, such goods shall be forfeited, and such person shall forfeit treble the value of such goods. ing having require to be 171. Before any person shall be searched by any such officer as Persons before aforesaid, such person may require such officer to take him before search may the Collector, or other chief officer of the Customs, or before any taken before a District Commissioner or Justice of the Peace, who shall, if he see chief officer of no reasonable cause for search, discharge such person, but if other- Customs or wise, direct such person to be searched, and if a female she shall not be searched by any other than a female. District Com 172. Any officer required to take any such person before such Penalty on Collector, or other chief officer of the Customs or District Com- officer for missioner, or Justice of the Peace, shall do so with all reasonable misconduct. despatch; but if such officer shall require any person to be searched, not having reasonable grounds to suppose that he has uncustomed or prohibited goods about his person, such officer shall forfeit and pay any sum not exceeding ten pounds. removing, or 173. Every person who shall be concerned in importing any Penalty for prohibited goods, or any goods the importation of which is re- importing, stricted, contrary to such prohibition or restriction, and every per- concealing son who shall unship, or assist, or be otherwise concerned in the prohibited unshipping of any goods which are prohibited, or of any goods goods, &c. which are restricted and imported contrary to such restriction, or of any goods liable to duty, the duties for which have not been paid or secured; or who shall knowingly harbour, keep, or conceal, or shall knowingly permit or suffer or cause or procure to be harboured, kept, or concealed, any such goods, or any goods which shall have been illegally removed without payment of duty from any warehouse or place of security in which they may have been deposited, or to whose hands and possession any such goods shall knowingly come, or who shall assist or be concerned in the illegal removal of any goods from any warehouse or place of security in which they shall have been deposited as aforesaid; or who shall be in any way knowingly concerned in conveying, removing, depositing, concealing, or in any manner dealing with any goods liable to duties of Customs, with intent to defraud Her Majesty of such duties, or any part thereof, or who shall be in any way knowingly Penalty on removing goods from any ship or wharf without authority. Penalty on on board any ship or boat liable to forfeiture. concerned in any fraudulent evasion, or attempt at evasion of such duties, or any part thereof, shall in each and every of the foregoing cases forfeit either treble the value of the goods or the penalty of one hundred pounds, at the election of the Collector of Customs, and every such person may be detained to be dealt with as hereinafter directed, and the averment in any information to be exhibited for the recovery of such penalty that such officer had elected to sue for the sum mentioned in the information, shall be deemed sufficient proof of such election, without any other or further evidence of such fact. 174. Every person who shall remove any goods imported within the limits of the jurisdiction from any ship, quay, wharf, or other place previous to the examination thereof by the proper officer of the Customs, unless under the care or authority of such officer, or who shall remove or withdraw from any quay, wharf or other place any goods entered to be warehoused after the landing thereof, so that no sufficient account is taken thereof by the proper officer, or so that the same are not duly warehoused, and every person who shall assist or be otherwise concerned in such removal or withdrawal, or shall knowingly harbour, keep or conceal, or shall knowingly permit or suffer or cause or procure to be harboured, kept or concealed, any such goods or to whose possession any such goods shall knowingly come, every such person shall forfeit either treble the value thereof, or the penalty of one hundred pounds, at the election of the Collector of Customs, and the averment in any information to be exhibited for the recovery of such penalty, that such officer had elected to sue for the sum mentioned in the information, shall be deemed sufficient proof of such election, without any other or further evidence of such fact. 175. Every person who shall be found or discovered to have being found been on board any ship or boat, liable to forfeiture under this or any other Ordinance relating to the Customs for being found or discovered to have been within any port, sub-port, bay, harbour, roadstead or inlet within the limits of the jurisdiction, having on board, or in any manner attached thereto, or having had on board, or in any manner attached thereto, or conveying or having conveyed in any manner such goods or things as subject such ship or boat to forfeiture, shall forfeit the sum of one hundred pounds; and every such person shall and may be detained, and taken before any Court or District Commissioner to be dealt with as hereinafter directed. afterwards be detained. Any person 176. If any person liable to be detained under this or any other escaping may Ordinance relating to the Customs shall not be detained at the time of committing the offence for which he is so liable, or shall after detention make his escape, such person shall and may at any time afterwards be detained and taken before any Court or District Commissioner to be dealt with as if detained at the time of committing such offence. certain cases formation by 177. Whenever any person shall have been detained and taken Court may in before any Court or District Commissioner for being found or discovered to have been on board any ship or boat within any port, conviction proceed to sub-port, bay, harbour, roadstead or inlet within the jurisdiction without insuch ship or boat having on board or having had on board any ers of goods as would under this or any other Ordinance relating to the Customs. Customs subject the same to forfeiture, or for unshipping, or for aiding or being concerned in the unshipping of any goods liable to forfeiture under this or any other Ordinance relating to the Customs, or for carrying, conveying, or concealing, or for aiding or being concerned in the carrying, conveying or concealing of any such goods, and it shall appear to such Court or District Commissioner that the value of such goods in respect of which such person. has been so detained does not exceed four pounds, such Court or District Commissioner may, if he shall in his discretion think fit, proceed summarily upon the case without any information being exhibited, and convict such person of such offence, and adjudge that such person shall, in lieu of any other penalty, forfeit any sum not less than the single value nor more than treble the value of such goods, including the duties of importation due thereon, and in default of payment of such sum of money, commit such person to prison for any time not exceeding one month. may be bail. 178. When any person shall have been detained for any offence Persons taken against this or any other Ordinance relating to the Customs and before a taken before any Court or District Commissioner, such Court or Magistrate District Commissioner may, if it shall appear expedient, order detained or such person to be detained in gaol or in the custody of the admitted to police a reasonable time, in order that the direction of the Collector of Customs or other chief officer of Customs as to the prosecution of such person may be given, and that the necessary informations, convictions, and warrants of commitment may be prepared, and at the expiration of such time to be brought before him or any other Court which may then finally hear and determine the matter, or when any information may have been preferred before any Court or Commissioner, and it shall appear to such Court or Commissioner by deposition on oath or otherwise that such person is likely to abscond before such information can be heard, such Court or Commissioner may, in lieu of issuing a summons for the appearance of the accused, grant warrant to apprehend and bring him before the Court at a time and place to be named in such warrant for the hearing of such information; but any person so detained or apprehended may be liberated on giving by recognizance or by deposit of money or other valuable property sufficient security in the sum of one hundred pounds, or in the amount of the penalty sought to be recovered, to appear at such time and place as shall be appointed for hearing the case. 179. If any person shall offer for sale any goods under pretence Penalty on that the same are prohibited, or have been unshipped and run on persons offershore without payment of duties, all such goods (although not sale under ing goods for |