Page:Ruffhead - The Statutes at Large - vol 6.djvu/305

 A. D. 1736. Anno nono Georgii II. C. 35. 243 ties of Cuftoms or Excife reflectively, and who fliall be thereof lawfully convicted upon his, her or their Appearance or Default upon the Oath or Oaths of one or more credible Witnefs or Witneffes, or by the Confeffion of the Party before one or more Juftice or Juftices of the Peace of the County, Divi- fion, or Liberty where fuch Offence fliall be committed or the Offender found (which Oath fuch Juftice or Juftices of the Peace are hereby authorized and required to adminifter) (hall forfeit treble the Value of all fuch Goods fo found and feized, one Moiety thereof to the Informer, the other Moiety thereof to the Poor of the Parifli where fuch Offence fliall be committed ; the fame to be levied by Di- ftrefs and -ale of the Offender's Goods or Chatties, by Warrant under the Hand and Seal, or Hands and S.als of fuch Juftice or Juftices before whom fuch Offender lhall be convicled as aforefaid; and for want of fuch Diftrefs every fuch Offender lhall by fuch Juftice or Juftices be committed to the Houfe of Correction, there to be whipt and kept to hard Labour tor any Time that fuch Juftice or Juftices of the Peace lhall in his or their Difcretion judge meet, not exceeding three Months. XXII. And be it further enacted by the Authority aforefaid, That frcm and after the faid twenty- VeiTch arriving fourth Day of June one thouland feven hundred and thirty-fix, where any Ship or Veffel whatfoever p ™" ¥ .£a*(> coming or arriving from Foreign Parts, and having on Board fix Pounds of Tea, or any P'oreign Brandy, Pounds of T« Arrack, Rum, Strong Waters, or other Spirits whatfoever, in Cafks under fixty Gallons (except only on Board, or for the Ufe of the Seamen then belonging to and on Board fuch Ship or Veffel, not exceeding two Gal- cafes under 6* Jous for each Seaman) (hall be found at Anchor, or hovering within the Limits of any of the Ports of Gallons (except this Kingdom, or within two Leagues of the Shore, or fliall be difcovered to have been within the Li- for tlle ufe of mits of any Port, and not proceeding on her Voyage, Wind and Weather permitting (unlefs in cafe of hotering 1 within unavoidable Neceflity, and Diftrefs of Weather, of which Neceffity and Diftrefs the Mafter, Purfer or two Lea?ues of other Perfon having or taking the Charge or Command of fuch Ship or Veffel, fliall give Notice to, and tl,e Shore, make Proof of before the Collector or other Chief Officer of the Cuftoms of fuch Port as aforefaid im- mediately after the Arrival of fuch Ship or Veffel into the faid Port) all fuch Tea, Foreign Brandy, Ar- aI ! fuch Roods rack, Rum, Strong Waters and Spirits, together with the Chefts, Boxes, Cafks, and other Package ^{^t$£ whatfoever, containing the fame Goods, or the Value thereof, (hall be forfeited and loft (whether Bulk felted. fliall then have been broken or not) and the fame Goods and Package fliall and may be feized and profecuted, or the Value thereof fued for by any Officer or Officers of the Cuftoms or Excife in fuch Manner and Form as herein after is expreffed ; any Law, Statute or Cuftom to the contrary notwithstanding. ' XXIII. And whereas Foreign Goods are frequently taken out of Ships at Sea without the Limits of enacted by the Authority aforefaid, That in cafe any Foreign Goods, Wares or Merchandizes, (hall af- After 29 Sept. ter the twenty-ninth Day of September one thouland feven hundred and thirty-fix, by any Ship, Boat or £p 6 j F t ° 1 r ^ lgn - Veffel whatfoever, be taken in at Sea, or put out of any Ship or Veffel whatfoever, within the Diftance r putom ofany of four Leagues from any of the Coafts of this Kingdom (whether the fame be within or without the Veffel within Limits of any of the Ports thereof) without Payment of the Cuftoms and other Duties due and payable S-Bft'lhc 6 ' °<i for the fame (unlefs in cafe of apparent Neceffity or fome other lawful Reafon, of which the Mafter or without Pay- other Perfon having Charge of fuch Ship, Veffel or Boat, fo taking in the fame, fliall give immediate mem of Cu- Notice to, and make Proof before the Chief Officer or Officers of the Cuftoms of the rirft Poit of this ? a ° f ™ f^™ 1 ^ Kingdom where he lhall arrive) fuch Goods, Wares and Merchandizes, fliall be forfeited and loft, and Neceffity) to be the Mafter or other Perfon having Charge of fuch Ship, Veffel or Boat fo taking in the fame, and all forfeited, fuch Perfons who fliall be aiding, aflifting or otherwife concerned in the unfhipping or receiving of the ™ c d [oforfei? '"' faid Goods, Wares or Merchandizes, (hall forfeit Treble the Value thereof; and the Ships, Boats and Treble the Va- Veffels, into which the faid Goods, Wares and Merchandizes fliall be unlhipped and taken in, fliall alfo ,ue > and tn ? be forfeited and loft, any Ship, Boat or Veffel, fo to be forfeited and loft, not exceeding the Burthen of tf^Vbove Too one hundred Tuns ; and the Mafter, Purfer or other Perfon taking Charge of fuch Ship or Veffel out of Tuns, which fuch Goods fliall be taken (unlefs in cafe of fuch apparent Neceffity or other lawful Reafon, where- of Notice (hall be given by him, and Proof be made as aforefaid) fliall alfo forfeit Treble the Value of the Goods fo unlhipped as aforefaid ; which Forfeitures lhall be divided and recovered in fuch Manner as is herein after mentioned. XXIV. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons whatfo- 50 i. Penalty oh ever lhall offer any Bribe, Recompence or Reward whatfoever, to any Officer or Officers of the Cuftoms offering to bribe or Excife, to connive at or permit any cuftomable or prohibited Goods to be run on Shore, or to con- connlvance'&c nive at any falfe or fliort Entry of any fuch Goods, or to do any ether Act whereby his Majefty might be defrauded in his faid Revenues, every fuch Perfon and Perfons fliall for every fuch Offence (whether the fame Offer or Propofal fliall be accepted or not) forfeit the Sum of fifty Pounds, to be recovered and divided in fuch Manner as herein after is mentioned. XXV. And be it further enacted by the Authority aforefaid, That one Moiety of the feveral Penalties Forfeitures how and Forfeitures in this Act mentioned fliall be to the Ufe of his Majefty, his Heirs and Succeffors, and and^iflSbutel the other Moiety (hall be to the Ufe of fuch Peifon and Perfons as (hall inform, profecute or fue for the fame (except in fuch Cafes where any other Appropriation or Distribution of the faid Penalties is made by this Act, or, by any other Act or Acts) and that all the fame Penalties and Forfeitures fliall and may be profecuted and fued for, and the Caufes and Controversies arifing thereupon, tried, heard, and deter- mined, in any of his Majefty's Courts of Record at Wejlmhifter, or in the Court of Exchequer at Edin- burgh reflectively (except where any Provifion to the contrary is made by this or any other Law or Statute now in Force) wherein no Effoin, Protection, Wager of Law, or more than one Imparlance Anions of Af- Ihall be allowed. ^ may be XXVI. And, for the better and more impartial Trial of any Indictment or Information which fliall tr ied in any be found, commenced or profecuted, for any Affault made or committed upon any of. the Officers of the County of Eng- "" I i a Cuftoms !3 " d '
 * any Port, with Intent to be fraudulently landed in this Kingdom ; ' For preventing thereof, be it further