to give and enter into, in order to enable them to maintain actions 19 Geo. 2. upon the said act. c. 34. six months, § 8. Rule 37. Where any offender shall be apprehended and convicted offender of such offence, within six calendar months after the offence com- convicted in mitted, no hundred, rape, or lath, or any inhabitant thereof shall be, in any wise subject to make any satisfaction for such damages, or to pay the said 100l. to the executors or administrators of such killed person. Rule 38. No person shall be entitled to bring any action against Limitation the inhabitants of any hundred, rape, or lath, for any of the matters of actions, aforesaid, unless the same be commenced within one year after the offence committed. $9. fender, 10. Rule 39. Every person who shall apprehend, or discover, so that Apprehendhe may be taken, any person in England, advertised as aforesaid, who ing, &c. ofshall not have surrendered himself within 40 days as aforesaid, and cause him to be brought before the lord chief justice of the court of King's bench, or before any one of the said justices of the said court, or any one of His Majesty's justices of the peace for London or Middlesex (who is hereby required to commit such person to the prison of Newgate for such felony) shall receive, for every such person who shall be so apprehended, 500l. to be paid within one month after exe- Reward. cution shall be awarded against such offender by the commissioners of customs or excise, who are hereby required to receive the applications of all such who are concerned in such discovering or apprehending such offender, and determine who are entitled to the said reward, and their respective shares thereof; and the same shall be divided amongst such persons, in such shares and proportions as to the said commis- Shares, sioners of customs or excise respectively, or to the major part of them shall seem reasonable; and if any such offender, against whom no such order of council shall have been made, shall himself so discover or apprehend any other offender, against whom such order shall offender have been made, he shall be acquitted of such his own offence and all discovering. other the like offences then before committed, and for which no prosecution shall have been then commenced, and shall also have his share Reward. of the reward; and if any person shall happen to lose a limb or an eye, or be otherwise grievously maimed or wounded in the apprehend- Persons ing or endeavouring to apprehend or making pursuit after such wounded in offender, every person so wounded and maimed shall, upon application apprehending, to the commissioners of customs or excise respectively as aforesaid, receive 50l. over and above any other reward that he may be entitled Reward. to as an apprehender by virtue of this act; and in case any person shall happen to be killed in the taking or apprehending, or endea- Executors of vouring to apprehend, or in making pursuit after any such offender, persons then the executors or administrators of such person so killed, upon application to the commissioners of customs or excise respectively as aforesaid, and laying sufficient proof before them of such person being killed as aforesaid, shall receive 100%.; all which rewards shall be paid to the several persons who shall become entitled thereto as aforesaid by the receiver-general of customs, or cashier of excise respectively, upon an order directed to them for that purpose by the commissioners of customs or excise, and the money paid by such receiver-general or cashier as aforesaid shall be accepted of and allowed in his accounts as so much money paid to His Majesty; and every such officer shall be hereby discharged thereof accordingly. &c. offenders. killed. 19 Geo. 2. Offenders discovering, &c. accom plices. Rule 40. If any of the said offenders in England, at any time before c. 34. 11. His Majesty's order in council be made, requiring them to surrender themselves within 40 days as aforesaid, discover two or more accomplices therein, to the commissioners of customs or excise in England respectively, and apprehend them or cause them to be apprehended, so as they, or two of them at least, be brought to justice, and convicted of such offence, the offenders so discovering shall receive 50l. for every such offender so discovered and convicted, as a reward for such his discovery; and every such person so discovering shall be clearly acquitted of such his offence, and all other the like offences then before committed, for which no prosecution shall have been then commenced; which said reward shall be paid in such manner as hereinbefore is mentioned, with respect to the reward for apprehending. Reward. Acquitted. Bail, 12. 9 Geo. 1. cers. 24 Geo. 3. $29. Rule 41. Nothing in this act shall extend to restrain His Majesty's court of King's bench, or any of the judges thereof, or the court of justiciary in Scotland, or any of the judges thereof respectively, from bailing any person committed for felony by virtue of this act, and not convicted or attainted thereof as aforesaid, in such manner as they may by law do in other cases of felony. Rule 42. It shall be lawful for the officers of excise, and they are required, to seize every horse, and other cattle, and carriage whatsoever, used in the removing or conveying away any spirits or strong waters (customs and other duties not being first paid or secured), in the same manner as the officers of customs may now legally do. (a) Rule 43. Any officer of customs shall have the like power to seize Sess. 2. c. 47. and prosecute any tea or spirituous liquors, removed or found removing without permits, and the vessels, boats, horses, and other cattle and carriages employed in removing the same, as is granted to any officer of excise. (b) Permit. 19 Geo. 3. c. 69. § 9. Persons arm &c. Rule 44. If two or more persons in company be found passing in any part of this kingdom with one or more horse or horses, or with ed, disguised, any cart or carriage, whereon there shall be laden or put more than 6 lb. of tea, or foreign brandy, or other foreign spirituous liquors, exceeding the quantity of five gallons, not having paid the respective duties by law charged thereon, and not having an authentic permit or permits with the same; and shall carry any offensive arms or weapons, or wear any vizard, mask, or other disguise, when passing with such tea, or foreign spirituous liquors, any officers of customs or excise, and all other persons acting in their aid, may stop, arrest, and detain the persons so passing, in whose charge or possession the said articles shall then be found; and the said officers, and the persons acting in their aid, may convey the persons so offending before any one or more of His Majesty's justices of the peace; who, if he or they see cause, shall commit the offenders to the next county gaol, there to remain, without bail or mainprize, till the next general quartersessions of the peace of the county or place, to be tried and dealt with as by this act is hereinafter directed. Obstructing officers, &c. $10. Rule 45. If any person whatsoever shall assault, resist, oppose, (a) See Rule 99 of this title. (b) By 55 Geo. 3. 118. § 6. any officer of customs shall have the like power to seize and prosecute any vessel, boat, cart, carriage, and all cattle liable to forfeiture by any act, for being employed or used in the removal of spirits, without the same being accompanied with a true and lawful permit as is granted by any act of parliament to any officer of excise. See 56 Geo. 3. c. 104. under this title. molest, obstruct, or hinder any officer of customs or excise in due 19 Geo. 3. seizing or securing any goods whatsoever which by any officer of c. 69. customs or excise shall or may be liable to be seized by virtue of any act now in force; or shall by force or violence rescue, or shall cause Rescuing or to be rescued, any of the said goods, after the same shall have been damaging seized by such officer, or shall attempt or endeavour so to do, or, after casks, &c. such seizure, shall cut, stave, break, or otherwise destroy or damage any package, wherein the same respectively shall be contained; it shall be lawful for the officers of customs and excise, and for all persons acting in their aid, to stop, arrest, and detain, all the persons so offending, and them forthwith to convey before one or more of His Majesty's justices of the peace, near to the place where the offence shall be committed; and the justice or justices shall, if he or they see cause, commit the person or persons, so brought before him or them, to the next county gaol, until the next general quarter-sessions of the peace to be holden for the same county or place, there to be tried and dealt with as by this act is hereinafter directed. Master of Rule 46. If the master of any vessel, of which he has the charge 21 Geo. s. or command, shall clandestinely hide, or suffer to be clandestinely c. 39. § 1. (a) hid, by his mate or seamen, in any part of such vessel, or in any chest vessel conor other thing belonging thereto, any quantity of foreign spirituous ceating, &c. liquors, above two gallons for each seaman on board, or any quantity goods. of tea above 6 lb. (6) or any quantity of coffee above 19 lb.; or if the master of such vessel shall clandestinely import, or suffer to be clandestinely imported therein, any such foreign spirituous liquors, or any other uncustomed goods whatsoever, whereby the owner or owners of such vessel become liable to any penalties, or whereby such vessel itself is liable to be forfeited, the master of such vessel shall not only forfeit to the owner or owners of such vessel all his wages that shall be then due to him, but shall also forfeit treble the value of all such spirituous liquors, or other uncustomed goods whatsoever, over and above the penalties to which the master of such vessel shall be subject by any of the laws now in force; which said penalties of treble the value of such goods so inflicted by this act, shall be recovered of the said master by, and shall go to, the owner or owners of such vessel, and to no other person whatsoever. ing goods, § 2. Rule 47. If the mates or seamen serving on board any vessel of any Mates or seaburthen whatsoever, shall clandestinely hide on board thereof, or shall men conceal import any quantity of foreign spirituous liquors whatsoever (above the ordinary allowance of two gallons for each seaman on board,) or any quantity of tea above 6 lb., or any quantity of coffee above 19 lb., then such mates or seamen, or any of them, so offending therein, shall forfeit to the owner or owners of such vessel, all the wages that shall be then due to him or them, and shall also forfeit 10s. each for every gallon of such foreign spirituous liquors, and 10s. a pound for every pound of such tea, and also 10s. for every pound of such coffee, so by them clandestinely concealed or imported, over and above the quantities of such goods now limited by law to be imported. Rule 48. If such mates or seamen shall commit such offences as How dealt aforesaid, or any of them, in time of war, and which, according to the with, § 3. (a) Intituled, " An Act for further securing the Property of the Owners in such Ships or Vessels as are liable to Forfeiture, for importing Spirits or other Goods, "by the Misconduct of the Masters, Mates, and Seamen." (b) See the note to Rule 69 of this title. 21 Geo. 3. e. 39. Printed copy put up, § 4. Defacing copy. true intent and meaning of this or any other act, they are restrained from committing, it shall be lawful for the owner of such vessel to send such mates or seamen, or any of them, on board some of His Majesty's ships of war, there to serve for the space of three years, except such as are old, disabled, or otherwise unfit for such service. Rule 49. This act shall be printed, put up, and continued on some of act to be conspicuous part of every British vessel trading to or from any port of this kingdom: and wherever the said printed clauses shall be damaged, defaced, or destroyed, the master of such vessel shall cause the same to be immediately replaced, under the penalty of 1s. a day for every day during such omission thereof; to be recovered of the said master by, and be paid to, the owner or owners of such vessel, by virtue of a warrant under the hands and seals of one or more of His Majesty's justices of the peace. Mates or sea § 5. Rule 50. If such mates or seamen who shall be so disabled from mer not pay serving in any of His Majesty's ships of war in time of war, as aforeing penalties, said, or if such or any other mates or seamen be found offending against the provisions of this act in time of peace, and shall neglect or refuse to pay the aforesaid penalties, being duly convicted thereof, or shall not have sufficient effects to answer the same, it shall be lawful (at the instance of the owner or owners of such vessel) for one or more of His Majesty's justices of the peace, by warrant under his or their hands and seals, to commit such offender or offenders to the county gaol where such offence shall be committed, or where such offender or offenders shall be apprehended or taken, for the space of three months, and not less than six weeks. Imprisonmeut. Mitigation of Want of Rule 51. It shall be lawful for the said justice or justices to mitigate any of the penalties incurred under this act, so as such mitigation do not extend to remit above one moiety of the said penalties respectively. Rule 52. No order which shall be made by the said justice or form in legal justices of the peace by virtue of this act, or any other proceedings to proceedings, be had, touching the conviction of any offender against this act, shall Certiorari, be quashed or vacated, or be removed or removeable by certiorari, or $7. &c. Limitations of actions, § S. 24 Geo. 3. $ 1. Vessels at any other process whatsoever, into any of His Majesty's courts of record at Westminster, or to the general quarter-sessions of the peace; but the order and determination of such justice or justices shall be final and conclusive in all cases, and to all intents and purposes whatsoever. Rule 53. If any person shall at any time be prosecuted for any thing by him done in pursuance of this act, such prosecution shall be commenced within the space of six months after the offence shall be committed. Rule 54. If any vessel be found at anchor, or hovering within the sess. 2. c. 47. limits of any of the ports of this kingdom, or within four (a) leagues of the coast thereof, or be discovered to have been within the said limits or distance (and not proceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity and distress of weather, of which necessity and distress the master of such vessel shall give notice, and make proof before the collector or other chief officer anchor or hovering. (a) By 42 Geo. 3. c. 82. vessels described in any act passed for the prevention of smuggling, found hovering within eight leagues of the coast of Great Britain, are to be forfeited with the cargo; but this regulation being extended to 100 leagues, it is not deemed necessary to notice it further. See Rules 69 and 84 of this title. of customs of any port within the limits of which such vessel shall be 24 Geo. 3. found, immediately after the arrival of such vessel within the limits of sess. 2. c. 47. such port,) having on board brandy or other spirituous liquors, in any vessel or cask which shall not contain 60 gallons at the least (except only for the use of the seamen, not exceeding two gallons for each seaman), or having on board any wine in casks (provided such vessel having wine on board shall not exceed 60 tons burthen), or having on board 6 lb. of tea (a) or 20 lb. of coffee, or having on board any goods whatsoever liable to forfeiture by any act of parliament, upon being imported into Great Britain, then, not only all such goods, but also the vessel on board which they shall be found, as aforesaid, with her tackle, &c. shall be forfeited. Rule 55. Nothing in this or any former act shall extend to prevent Smali parcels, evidence from being received, in any suit or information brought for § 2. the forfeiture of any vessel, on account of any goods contained therein, in order to show, from the smallness of the quantity of the said goods, and other circumstances of the case, that the goods were on board such vessel without the knowledge and privity either of the owner or of the master, and without any wilful neglect or want of reasonable care in the discharge of the duty of such owner or master; and in every such case, where proof shall be made, from the smallness of the quantity of the said goods, and other circumstances, that such small quantity was on board without the knowledge, privity, or consent, either of the owner or the master, and without any wilful neglect or want of reasonable care, either in the owner or in the master of such vessel, then, and in every such case, such vessel (in case the same shall exceed 100 tons in burthen) shall not be forfeited on account of such small quantity of goods. Rule 56. Any such goods, which shall be so found on board any Forfeiture, vessel within the limits or distance aforesaid, whether with or without §.8. the privity or knowledge of the master thereof, shall be forfeited; and the person or persons, in whose charge or possession the said goods shall be found, shall forfeit treble the value thereof. or wounding officers. Rule 57. If any person upon the shore, or on board any vessel or Shooting at boat, shall maliciously shoot (b) at or upon any vessel or boat belong- vessels, 11. ing to His Majesty's navy, or in the service of the customs or excise, within the limits of any port, harbour, or creek of Great Britain, or within four leagues (c) from any part of the coast thereof; or if any shooting at person being on shore, or on board any vessel or boat, shall maliciously shoot at, maim, or dangerously wound any officer of His Majesty's navy, or of the customs or excise, whether attempting to go on board, or being on board, or returning from on board any vessel or boat, or otherwise acting in the due execution of his duty on shore, or within the limits of any port, harbour, or creek of Great Britain, or within four leagues (c) of any part of the coast thereof; or shall maliciously shoot at, maim, or dangerously wound any person aiding such officer in the execution of his duty as aforesaid; then every person so offending, and every person being aiding or abetting therein, shall, being thereof lawfully convicted, be adjudged guilty of felony, and shall Death. suffer death as a felon, without benefit of clergy. (d) (a) See Rules 69 and 84 of this title. (b) See Rule 75 of this title. (d) See TITLE 25. See Rules 69 and 54 of this title. |