Page:Ruffhead - The Statutes at Large - vol 6.djvu/304

 242 C. 35. Anno nono Georgii II. A. D. 1736. c £L < ;'*| ifiea J e ,° f thereto- as a f° rc k'd> by l ^ e refpedtive Receiver General or Cafhier, or other proper Officer of the offend«Vcon- Cuftoms and Excife for the time being, out of any publick Money in his or their Hands under the viflion. Management of the faid Commiffioners, upon producing to them a Certificate or Certificates under the Hand or Hands of the Judge or Judges of the Court before whom fuch Offender or Offenders fhall be tried, certifying his, her or their Conviction, or upon producing fuch Certificate of any fuch Commiffioners Perfons being fo killed as aforefaid, as is herein before mentioned ; and that if any Difpute (hall arife Sha^n th f r between the Perfons fo intitled to the faid Rewards, or any of them, about their refpedtive Shares and Difference" e °' Proportions thereof, the fame fhall be divided to and amongft fuch Perfons as aforefaid, in fuch Shares and Proportions as to the faid Commiffioners of the Cuftoms or Excife refpectively, or to the major Part of them fhall feem juft and reafonable; and the Money paid by any Receiver General, Cafhier or other Officer as aforefaid, fh.ill be accepted of, and allowed in his Accounts, as fo much Money paid to his Majefty, and every fuch Officer is and fhall be hereby difcharged thereof accordingly; any Law, Cuftom or Ufage to the contrary notwithstanding. Perfons lurking XVIII. And be it further enacted by the Authority aforefaid, That upon Information to be given upon • ^'tiiTs^'or'a O atn before any one or more of h',s Majefty's Juftices of the Peace in any County, City or Liberty what- navigabie River, foever, that any Perfon or Perfons are or fhall be lurking, waiting or loitering within five Miles from the Sea Coaft, or trom any navigable River, and that there is Reafon to fufpeft that they wait with Intent to be aiding and affifting in the running, landing or carrying away, any prohibited or uncuftomed Goods, it fhall and may be lawful to and for every fuch Juftice or Juftices to caufe all fuch Perfons to come and be brought before him or them, and to grant his or their Wairant or Warrants for the apprehending fuch not giving a fa- Offender, and bringing him or them before any of his Majefty's faid Juftices of the Peace ; and if fuch tisfaaorj Ac- Perfons fhall not give a fatisfadtory Account of themfelves, and their Callings and Employments, or fl?« nt .«?»'(/« otherwifc make it appear to the Satisfaction of fuch Juftice or Juftices that they are not to be employed ICRc, 10 DC lent ,. J1 ... rr -1 • *i • rii i l n • t* » J to the Houfe of or concerned in, or to be aiding or afiilting in the carrying on any tradulent or clandeftine I rade, or un- Correftion, lawful Bufinefs or Occupation, and are not at fuch Place as aforefaid with Intent to carry on the faid toharVLabou^ clandeftine Practices, then every Perfon who fhall not give fuch Account and Satisfaction to fuch Juftice 20s. Reward per or Juftices (hall be committed to the Houfe of Correction, there to be whipt and kept to hard La- Head to the in- bour for any Time which fuch Juftice or Juftices fhall in his or their Dilcretion think meet, not ex- otSnders ** ceeG '' n S one Month, and that the Commiffioners of the Cuftoms or Excife reflectively fhall caufe be paid by the to be paid to the Perfon or Perfons informing of fuch Offender or Offenders a Reward of twenty Shil- Commiffioners. lings per Head for every fuch Offender fo taken as aforefaid. Perfons r« ap- XIX. Provided always, and be it further enacted by the Authority aforefaid, That if any fuch Perfon prehended defi- fo brought before fuch Juftice or Juftices lhall defire Time for the making it appear that he or they is or ciefr^hemfeives are noi concern ed > n an Y °f the fraudulent or clandeftine Practices above mentioned, fuch Perfon or Per- of the Accufa- fons fhall not be punifhed by whipping or other Correction ; but that then, and in every fuch Cafe, it tion, to be only fhall and may be lawful to and for every fuch Juftice and Juftices to commit fuch Perfon and Perfons to the PrifoT'tfii s°- comrnon Gaol, there to remain and continue until he or they fhall give fuch Account of him or them- tisfaai'on or Se- felves, or make Proof of the Matters aforefaid to the Satisfaction of fuch Juftice or Juftices, or until fuch curity given, not Perfon or Perfons (hall give and find good and fufficient Securky to the Approbation and Satisfaction tte likfot-^ °f the f a 'd Juftice or Juftices, not to be guilty of any of the faid Offences, cr fraudulent, clandeftine fences. or indirect: Practices. Tea Brandy &c. XX. And be it further enacted by the Authority aforefaid, That from and after the faid twenty-fourth offered to Sale,' Day of 'June one thoufand feven hundred and thirty-fix, if any Perfon fhall offer any Tea, Brandy, Ar- with or without rack, Rum, or o.her Strong Waters or Spirits to Sale, not having a Permit for the fame, or if any Haw- Lftcppedon y ker, Pedlar, Petty Chapman or any other trading Perfon or Perfons going from Town to Town, or to tufpicion. other Mens Houfes, and trading either on Foot, or with any Horfe or Hories, or other Cattle, or other- wife, within the Kingdom of Great Britain, fhall offer any fuch Tea, Brandy or other Spirits to Sale, although fuch Hawker, Pedlar or trading Perfon or Perfons, fhall have a Permit for the fame, it fhall and may be lawful to and for every Perfon and Perfons to whom the fame fhall be fo offered to Sale, to ftop, arreft, feize and detain all fuch Tea, Brandy or Spirits, and carry the fame to the next Ware- houfe belonging to the Cuftoms or Excife, and to bring the Perfon and Perfons fo offering the fame to ThePerfon ftop- Sale before any one of his Majefty's Juftices of the Peace, to be by him committed to Prifon, and profe- pi-ng fuch Good? cuted for the Penalties and Forfeitures incurred for fuch Offence; and fuch Tea, Brandy or other Spirits i"Tiis P1 wn CUte ma " anc ' ma y k e P^o^ecuted in the Name of fuch Perfon or Perfons who flopped or feized the fame, in Name, and on like Manner as if the faid Goods had been feized by any Officer of the Cuftoms or Excife; and after Recovery be in- Condemnation of the Goods, and Commitment of the Perfons fo offending as aforefaid, the Perfons fo panrf°t^ T pi'!> Sizing the fame as aforefaid (hall be intitled to one third Part of the grofs Produce of the Sale of fuch tiuceatSaie. Goods, which the Commiffioners of the Cuftoms and Excife refpectively are to caufe to be paid accord- Cornmiaioners ingly ; and in ca r e fuch Perfon or Perfons, fo feizing the laid Goods, lhall defire it, the faid Commif- r°r a ? j ou'rid C for' fioners fhall in the mean Time, till the faid Goods can be publickly fold, caufe one Shilling for every Tea, and is. per Pound of Tea, and one Shifting for every Gallon of Brandy fo feized, to be paid or advanced to fuch Gallon for Bran- Perfon or Perfons, upon a Certificate under the Hand of fuch Juftice or Juftices of fuch Offender or Of- fhe Profecutor f eru] ers being committed to Prifon, and after the Sale of fuch Goods the Monies fo paid or advanced fhall till Sale." ' be replaced out of the Produce of fuch Sale ; any Law, Cuftom or Ufage to the contrary notwithstanding. Aft fi r w^ une XXI. And be it further enacted by the Authority aforefaid, That from and after the faid twenty-fourth
 * v.in' Poi'teT; Day of June one thoufand feven hundred and thirty-fix, all Watermm, Carmen, Porters and o.her Per-

&-. found w'th fons whatfoever, employed in carrying any Goods, Wares cr Merchandizes prohibited, run or clande- j>rohibi:ed or deftinely imported, upon whom, or in whofe Cufcody, the fame fhall be found or feized, knowing the forfeit 'treUe the f ame Goods to be prohibited, or to have been ijlandeftinely run or imported without Payment of the Du- Value, ' ties