Page:Ruffhead - The Statutes at Large - vol 5.djvu/359

. D. 1719" Anno fex to Ge org 11 Regis. C. 2 1. 319

cufbmable Goods fhall be found by any Officer or Officers of the Cuftoms in the Cuftody of any Per- Boat, &c. or in n or Perfons, being in a Bark, Hoy, Lighter, Barge, Boat or Wherry on the Water, or coming directly anyHoufe> &c. jm the Water- fide, without the Prefence of an Officer, or if fuch Goods fhall, upon the Information of Officer may ic or more credible Perfon or Perfons, be found in any Houfe, Shop, Cellar, Warc-houfe, Room, or jjop;" 1 ^ w |! rc - her Place, on a Search there made in fuch Manner as in and by an Act made in the fourteenth Yea<- of x °^'^. JJj/ 1 ^ c Reign of the late King Charles the Second, intituled, An AR for preventing Frauds, and regulating ,, & i 4 ca' r . z l/u/es in bis Majejly's Cujloms, is mentioned and directed, it fhall and may be lawful to and for fuch Officer c.'u. Officers to flop and put' the faid Goods in his Majefty's Ware-houfe in the Port next to the Place where ch Stop fhall be made, there to remain until the Claimer or Claimers thereof fhall make Proof by Oath, - otherwifc, to the Satisfaction of the Commiffioners for managing his Majelty's Cuftoms, if fuch Stop all be made wrthin the Ports of London or Edinburgh respectively, that the Duties of the cuftomablc have been paid, orfecured to be paid, or that the fame had been bought in a lawful way of Trade, id that he, file or they fo claiming the faid Goods, do verily believe the Duties thereof to have been paid, r fecured to be paid, or that the faid Goods had been compounded for, or condemned in his Majefty's Court of .xchequer at Wejlminfler or Edinburgh, or been otherwife delivered by Writ of that Court refpectively, and that re prohibited Goods had been compounded for, or condemned, or otherwife delivered, as aforefaid, in which )afe fuch Goods fhall and may be delivered without Delay or Charge : And if fuch Goods fhall be flopped in ny other of the Ports within this Kingdom, the Claimer or Claimers thereof fhall and may make the like Proof j the like Purpofe, as aforefaid, and deliver the fame to the Collector, or in his Abfence, to one of the other Yincipal Officers of the Cuftoms in the Port where fuch Stop fhall be made, which Proof fhall, without dI's of Time, be tranfmitted to the faid Commiffioners refpectivcly, for their Directions touching the imme- Jate Delivery of fuch Goods, without Charge to the Claimer or Claimers, or for the feizing and profecuting 'if the fame, as the faid Commiffioners fhall fee Caufe. ' XL. Provided, fuch Proof be made within ten Days after the Goods fhall have been fo flopped, in Fail- Proof to bein no whereof the fame fhall and may be feized, and profecuted in fuch Manner as by the feveral and refpective *° Days after jaws now in Force againft the Importation of prohibited or uncuftomed Goods, is provided, the Forfeiture "W" 6- if fuch Goods after Condemnation, fhall be to and for fuch Ufes, and according to fuch Proportions or Shares, .sare therein and thereby refpectively mentioned and diflributed. XLI. And be it further enacted by the Authority aforefaid, That if upon fuch Profecution where no Ap- Proof to lie on tication hath been made to the Commiffioners or Officers aforefaid, and not otherwife, the Property of the the Claimer. ijroods fhall be claimed by any Perfon or Perfons, and if any Qyeftion, Difpute or Doubt fhall arife, whe- ther the Duties thereof were paid or fecured, or that the faid Goods had been compounded for, or condemned, >->r otherwife delivered by Writ out of the Court of Exchequer, or bought in a lawful Way of Trade, the Proof fhall be incumbent on fuch Claimer or Claimers, and not on the Seizor or Profecutor ; and if there- If Verdia pafs jpon a Verdict fhall pafs for fuch Claimer or Claimers, or if the Officer or Officers fhall become nonfuit, to: ' the Claimer, or forbear Profecution, or difcontinue the fame, or if upon Demurrer or otherwife, Judgment fhall be given he i 1 " 1 ! J"^ n againft the Officer or Officers, then and in any of the faid Cafes, the Claimer or Claimers fhall, over and ^Suit. C ° .above the Recovery of his, her or their Goods, or the Value thereof, have reafonable Cofts of Suit, for infurced by which he, fhe or they fhall have the like Remedy as where Cofts by Law are awarded, which faid Cofts of n Geo. i.e. 28. Suit fhall be reckoned and efteemed as a full Satisfaction for the faid Claimer or Claimers Damages occafior.ed feft - 8 - by the Detention and Seizure of the faid Goods. XLII. And be it further enacted by the Authority aforefaid, That in all Cafes where the Claimer or If the Claimer Claimers of fuch Goods fo ftopt, as aforefaid, fhall make Proof either by Oath before any Juftice of the m2k j; Proof °f Peace, or other Perfon impowered to adminifter the fame, or otherwife, to the Satisfaction of the Com- h,s G ° ods ' or niiffioners for managing his Majefty's Cuftoms refpectively, or Officers of the Cuftoms, as aforefaid, in received^any™ Manner before directed and appointed, fo as to induce the refpective Commiffioners to order the Delivery Damage, the of the Goods fo ftopt ; and if the Owner or Owners, Claimer or Claimers of fuch Goods, fhall receive Goods to be de. any Damage by Means of fuch Stop ; then and in fuch Cafe the Owner or Owners, Claimer or Claimers li veied > and of the faid Goods, fhall and may receive fuch Goods by Virtue of fuch Order, without any Charge or he may fue ' &c# Delay ; and it fhall and may nevertheless be lawful to and for fuch Owner or Owners, Claimer or Claimers, to bring his, her or their Action or Actions againft the Officer or Officers, who fhall flop his, her or their Goods, for fuch reafonable Damages, which he, fhe or they fhall or may have fuftained by Means of the faid Goods being fo flopped or detained, as aforefaid ; any Law, Cuftom or Ufage to the contrary notwith- ftanding. XLIII. Provided always, and be it declared to be the true Intent and Meaning hereof, That if the Of- 0ffi:<!rs m *y ficer or Officers who fhall flop fuch Goods, or any other Officer or Officers of the Cuftoms, fhall be de- P r ?k c " te ™ t - firous to feize and profecute the fame, notwithftanding any Directions of the Commiffioners of the Cuf- 2£, Directions toms for the Delivery of the faid Goods refpectively, it fhall and may be lawful to and for fuch Officer of the Commif- or Officers to feize and profecute the fame in fuch Manner as by the feveral and refpective Laws of the fioners. Cuftoms now in Force fuch Goods may be feized and profecuted, in every of which Cafes the Officer or Officers fo profecuting fhall be liable, and he or they are hereby declared liable to be fued "by the Owner or Owners of the faid Goods for the Recovery of the fame, or the Value thereof, with full Cofts of Suit ; or if the faid Commiffioners fhall not order the Delivery of the faid Goods fo ftopt, then and in So may the fuch Cafe, the Owner and Owners, Claimer or Claimers of fuch Goods, fhall and may n'eyerthel'efs fue ° wners- for the Recovery of fuch Goods, together with Cofts and Damages, according to the ufual Courfe of Law, in any of his Majefty's Courts of Record at Jp'ejlminfter, or in the Court of Exchequer in Scotland, as he or they might have done before the paffing of this Act ; any Thing herein contained to the contrary notwithftanding. XLIV. And be it further enacted by the Authority aforefaid,. That the feveral Offences in this Act offenccs re ' 3 - mentioned, relating to the Cuftoms, or other Duties upon Importation or Exportation, or to uncuftomed ^ c ° j^p-"" or