Page:Ruffhead - The Statutes at Large - vol 5.djvu/624

586 Majesty's Customs, in case the same or any of them shall be found to be of Service, together with the Tackle, Furniture, Apparel and Materials belonging thereunto, the Officer or Officers who seized the same, being first paid his or their Share or Shares, according to the Direction of the before recited Act; any Law, Statute or Custom to the contrary notwithstanding.

Except the Commissioners shall not think fit to use such Vessel.

XV. Provided always, and be it further enacted by the Authority aforesaid, That if the Comissioners of his Majesty's Customs shall not think fit, for his Majesty's Service, to make use of any such Ship, Vessel, Boat, Wherry, Pinnace, Barge or Galley, that then and in such Case the said Comissioners shall cause the principal Officers of the Customs, in the Port or Place where the same shall be at the Time of Condem- nation, to see the Hull thereof burnt, as if this Act had never been made.

Justices where Seziures made to administer an Oath 'XVI. And whereas in Pursuance of several Acts of Parliament Informations are exhibited before the ' J u ft' ces °f the Peace, oh Seizures made by Officers of the Cuftoms, Salt, Excife, or Inland Duties, of to ' Goods clandeftinely run, or being prohibited, and of VefTels, Boats, Carriages, Horfes, and other Cattle, Perfbns to view ' in order to their hearing and determining the fame; and it being necefTary in order thereunto, that a proper them, and return ' Valuation be put thereon before the fame are condemned, agreeable to the Practice now ufed in his Ma- the Value, &c. < jgffy'g Court of Exchequer;' Be it enacted by the Authority aforefaid, That one or more Juftice or Ju- ftices of the Peace, of the County or Place where fuch Seizure fliall be made, fliall have Power to adrni- nifter an Oath to fuch Perfon or Perfons, as they think proper, who fliall be fkilled in the Nature and Value of the Goods, VelTels, Boats, Carriages, Horfes, and other Cattle, mentioned to have been feized in the Information or Informations exhibited before any Juftices of the Peace, to view the fame, and to make a Return of the Species, Quantity, Quality, and Value thereof, to fuch Juftices of the Peace, in a limited Time; and after the G> ods, VefTels, Boats, Carriages, Horfes, and other Cattle, fliall be con- demned by the Judgment of fuch Juftices of the Peace, the fame fhall be publickly fold to the beft Bidder, at fuch Places, and at fuch Times, as the faid refpective Cornmiffioners fhall think proper; any Law, Cuftom or Ufage to the contrary notwithftanding. Searcher after XVII. And for the better preventing Frauds in the entring for Exportation any Goods, whereon there is Xntry, to ex- a rjr^ykack^ Bounty or Pnsmium, or of Goods prohibited to be worn or ufed here, or Pepper, to the Pre- whereon there is judice of the Revenue; Be it further enacted by the Authority aforefaid, That it fhall and may be lawful aPrav.back,&c to and for any Searcher, or other proper Officer of the Cuftoms, after the Entry of any of the faid Goods, and before or after the Shipping thereof, to open and ftridtly examine any Bale, Trufs, Cheft, or other Package, to fee if the Goods are right entred; and if on fuch Examination the fame fhall be found to be right entred, the Searcher or other proper Officer fliall, at his own Charge, caufe the fame to be repacked (which Charge fhall be allowed to the faid Officer by the Cornmiffioners of the Cuftoms, if they think it reafonable) but in cafe the Officer fliall on Examination find fuch Goods to be lefs in Quantity or Value than is exprefled in the Exporter's Inciorfement upon his Entry, or that fliall be entred under a wrong De- OnDifcoveryof nomination, whereby his Majefty would have been defrauded, all fuch Goods may be feized, and the fame i-raudmayfeue. ^ji ^ s forfeited and loft, and the Owner or Merchant fliall lofe the Benefit of receiving the Drawback or Bounty for fuch Goods, and the Value thereof. Good; (hipped « XVIII. And whereas great Quantities of the Goods and Merchandizes, on which confiderable Duties for Exportation c a] _ e j ue an j p a y aD ] e to n j s Majefty, and divers other Sorts of Goods prohibited to be exported, are by crPreienceof ' evil-difpofed Perfons frequently fhipped for Parts beyond the Seas, without the Prefence of the proper Officer/orfeited. ' Officer of the Cuftoms, to the great Prejudice of the Revenue, and all fair Traders:' For the preventing fo great an Evil, Be it enacted by the Authority aforefaid, That if any fuch Goods or Merchandizes fhall be fhipped for Parts beyond the Seas without a Warrant, or without the Prefence of an Officer oi" the Cu- ftoms appointed for that Purpofe, all fuch Goods and Merchandizes, or the Value thereof, fliall be forfeit- ed and loft; one Moiety whereof to the Ufe of his Majefty, and the other Moiety to him or them that will feize or Cue for the fame; any Law to the contrary notwithftanding. Goods brought ' XIX. And whereas by an Act made and pafled in the twelfth Year of her late Majefty's Reign, it is Majesty's ' enacted, That the Cornmiffioners of the Cuftoms for the Time being fhall in all Cafes, where Goods are . . ho "" re ' ' brought into his Majefty's Store-houfes for Security of the Cuftoms, or other Du-ties due thereon, and Months to be ' which fhall have remained there for the Space of twelve Months, the Duties not paid, compounded for, foM. ' or otherwife" fecuted, caufe them to be publickly fold, and the Produce to be applied as in the faid Act is j: Ann. Stat. 2. ' directed : And whereas it is found by Experience that the faid Time is too long, feveral Goods being c %,.ea. 11. ' liable to Decay, and thereby lefTened in their Value;' Be it therefore declared and enacted by the Autho- rity aforefaid, That it fliall and may be lawful for the Cornmiffioners of the Cuftoms for the Time being, to caufe all fuch Goods, which are or fliall be brought into his Majefty's Warehoufes, and fliall have re- mained there for the Space of fix Months, to be publickly fold, and the Produce to be applied as in the faid Act is directed and appointed; any Thing in the faid Act, or in any other Act to the contrary not- withftanding. Damaged wines ' XX. And whereas by an Act made in the fixth Year of his prefent Majefty, it is amongft other Things to be v/arehoof- t enacted, That any Merchant, or other Perfon, who fliall find his Wine fo damaged, corrupt or unmer- InvilV °' to'" ^i ' charitable, and fhall think fit to ftave, fpill, or otherwife deftroy the fame, fhall, over and above the Du- g,. an( ]„ ' ties, be allowed as a Compenfttion for the Freight, and other Charges, for every Ton of Wine of ae 6 Geo*. 1. c. 12. ' Growth of Germany, or Wines which pay Duty as fuch, and of the Growth of France, the Sum of four Lrrovvtn of Germany, or vvmes wnicn pay uuly as men, ana ot the *orrowtn or r ranee, the sum or t Pounds; and Wines of the Growth of Spain, Portugal, or elfewhere, the Sum of eight Poundsper Ton ' which Allowances have been by Experience found too great, feveral Perfons having found it their Inter' ft ' to import mean and corrupt Wines, for the Sake only of the faid Allowances, to the leffening of his I!a- ' jefty's Revenue :' For the better preventing whereof, Be it further enacted by the Authority aforefaid, That it fliall and may be lawful for the Cornmiffioners of his Majefty's Cuftoms, to caufe fuch Wines as any Merchant or other Perfon fliall refufe to pay or fecure the Duties for, as being damaged, corrur- or unmerchantable, to be received, into the Cuftody of proper Officers of the Cuftoms, together with tbe