Page:Ruffhead - The Statutes at Large - vol 9.djvu/105

A. D. 1762. of the Customs and Excise, to cause the Goods therein enumerated to be publickly sold, has been found very advantageous to the Revenue; and if the like Power was extended in general to all Sorts of Goods, it would prevent many Frauds and illicit Combinations practifed by Bidders in the Court of Exchequer, to the great Detriment of the publick Revenue and the fair Trader: And whereas, it is highly reasonable and just, as well as of publick Utility, that the Officers of the Customs and Excise should have equal Encouragement to be vigilant in the Exertion of their Duty, to suppress the pernicious Practice of Smuggling; 'To which End, May it therefore please your Majesty, that it may be enacted; And be it enacted by the King's moll Excellent Majesty, and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

That from and after the first Day of May one thousand seven hundred and sixty-three, it shall and may be lawful to and for the Commissioners of his Majesty's Customs, to cause all Ships, Vessels and Boats, and all Goods of what Kind soever they may be (excepting only such Vessels, Boats, and Goods, as are by Law liable to be burnt) which shall be seized by any Officers of the Customs, for unlawful Importation, or for Non-payment of Duties, or for any other Cause of Forfeiture, and condemned according to Law, to be sold publickly to the best Bidder, at such Places as the said Commissioners shall think proper; and all and every Officer who shall seize such Goods, shall, for his and their Encouragement, be allowed by the said Commissioners, one Moiety of the Net Produce arising by the Sale of such Seizure, after deducting the Charges of Condemnation and Sale from the officers; and the other Whole; and the said Commissioners shall cause the other Moiety thereof to be paid into the Receipt of his Majesty's Exchequer, in lieu of his Majesty's Share thereof (excepting in those Cafss which are otherwise provided for by this Act); any Law, Custom or Usage to the contrary notwithstanding.

Provided always, and it is hereby declared and enacted by the Authority aforesaid, That after deducting the Charges of Condemnation and Sale from the gross Produce of all wrought Silks, Bengals, and Stuffs, mixed with Silk or Herba of the Manufacture of Persia, China, or East India, and all Callicoes, painted, dyed, printed or stained there, which shall be seized and condemned in pursuance of an Act passed in the eleventh and twelfth Years of the Reign of the late King the Third, (intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom) the said Commissioners of the Customs shall allow to the Offficer or Officers who shall seize the same, two third Parts of such Net Produce, and cause the remaining third Part thereof to be paid into the Receipt of his Majesty's Exchequer; and that for all Wool, and any other of the Species of Goods enumerated in an Act palled in the twelfth Year of the Reign of his late Majesty King George the Second (intituled, An Act for taking off the Duties upon Woollen and Bay Yarn imported from Ireland to England, and for the more effectual preventing the Exportation of Wool from Great Britain, and of Wool, and Wool manufactured, from Ireland to Foreign Parts, after deducting the Charges of Condemnation and Sale, the Remainder of the Produce shall be paid to the Officer who shall seize the same, in such Manner as by the said Act is directed directed; and that for all Tobacco, Tobacco Stalks and Snuff, which shall be burnt or destroyed and in pursuance of an Act passed in the twenty-fourth Year of the Reign of his late Majesty King  the Second (intituled, An Act for the more effectual securing the Duties upon Tobacco) the Officer or Officers seizing the same shall be paid in the Manner directed by that Act, three Pence for every Pound Weight of such Tobacco and Snuff, and one Penny for every Pound Weight of Tobacco Stalks; and that for such Tea as shall be burnt or otherwise destroyed by Order of the respective Commissioners of the Customs or Excise, pursuant to the Laws now in Being, the Officers taking the Seizure shall be rewarded in such Manner as the said Commissioners shall think proper, such Reward not exceeding two Shillings and six Pence for each Pound Weight of such Tea, in lieu of all other Allowances; any thing in this or any other Act to the contrary notwithstanding.

Provided also, and it is hereby further enacted by the Authority aforesaid, That if the Produce of any particular Seizure, sold in pursuance of this Act, shall not be sufficient to answer the Expences of Condemnation and Sale; or if upon the Trial of any Seizure, a Verdict shall be given for the Claimant, and the Ship or Goods shall not be condemned; in either of those Cases, it shall and or a Verdict be given for may be lawful for the Commissioners of his Majesty's Customs, to order the Charges attending the seizing and prosecuting such Ship or Goods, to be paid out of any Branch of the Revenue of the Customs which is by Law applicable to the Payment of Incidents; any thing in this or any other Act of Parliament to the contrary notwithstanding.

'And whereas for the more effectual Prevention of the infamous Practice of Smuggling, it may be necessary to employ several of the Ships and Vessels of War belonging to his Majesty, his Heirs and Successors, on the Coasts of Great Britain and Ireland, and of the other Dominions and Colonies belonging to the Crown of Great Britain;' Therefore for the better Encouragement of all the Officers and Seamen employed in such Service to do their Duty therein; Be it enacted by the Authority aforefaid, That it shall and may be lawful to and for his Majesty, his Heirs and Successors, to direct and appoint the Moiety herein before mentioned, or any other Part of all and every the Seizure and Seizures that shall be made by such Officers or Seamen respectively, so employed as aforefaid, to be divided amongst all such Officers and Seamen of such Ship or Vessel of War, who shall make any such Seizure as aforesaid, in such Proportions,