other Person shall forfeit for every such Offence the Sum of Five hundred Pounds, and be rendered incapable of serving His Majesty in any Office whatever, either Civil or Military; and every Person who shall give or offer or promise to give any Bribe, Recompence, or Reward, or make any collusive Agreement with any such Officer as aforesaid, to induce him in any way to neglect his Duty, or to do, conceal, or connive at any Act, whereby any of the Provisions of any Act of Parliament may be evaded, every such Person shall, whether the Offer be accepted or performed or not, forfeit the Sum of Five hundred Pounds. Vessels and Officers may go on board Ves for prohibited and uncustomed sels, and search Goods; XXXVI. AND be it further enacted, That it shall and may be lawful to and for any Officer or Officers of the Army, Navy, or Marines, duly authorized and on Full Pay, or for any Officer of Customs, producing his or their Warrant or Deputation (if required) to go on board any Vessel which shall be within the Limits of any of the Ports of this Kingdom, and to rummage and to search the Cabin (1) and all other Parts of such Vessel for prohibited and uncustomed Goods, and to remain on board such Vessel during the whole Time that the same shall continue within the Limits of such Port; and also to search any Person (2) or Persons either on board, or who shall have landed from any Vessel; provided such Officer or Officers shall have good Reason to suppose that such Person or Persons hath any uncustomed or prohibited Goods secreted about his Person; and if any Person shall obstruct, oppose, Penalty on Obor molest any such Officer or Officers in going or remaining struction, 100%, on board, or in entering or searching such Vessel or Person, every such Person shall forfeit and lose the Sum of One hundred Pounds. XXXVII. AND be it further enacted, That before any Person shall be searched by any such Officer as aforesaid, it shall be lawful for such Person to require such Officer to take him or her before any Justice of the Peace, or before the Collector, Comptroller, or other superior Officer of Customs, who shall determine whether there is reasonable Grounds to suppose that such Person has any uncustomed or prohibited Goods about his or her Person; and if it shall (1) See Power to break Locks, and to lock up Goods, &c. Cap. 107. § 13. (2) For Regulations, see § 37. 38. and 39. K and may search the Person upon good Reason. Officers, before searching Perthem before a Justice, Collector or Comptroller of Cusquired, who may direct the Search, or discharge, such Persons. sons, to take toms, if re Vessels and Penalty on Officer not tak ing suspected Persons before Magistrate with Dispatch, or rerequiring to search without reasonable Ground. Passengers hav ing Goods in denying it, to forfeit Treble the Value appear to such Justice, Collector, Comptroller, or other superior Officer of Customs, that there is reasonable Ground to suppose that such Person has any uncustomed or prohibited Goods about his or her Person, that then such Justice, Collector, Comptroller, or other superior Officer of Customs shall direct such Person to be searched in such Manner as he shall think fit; but if it shall appear to such Justice, Collector, Comptroller, or other superior Officer of Customs, that there is not reasonable Ground to suppose that such Person has any uncustomed or prohibited Goods about his or her Person, that then such Justice, Collector, Comptroller, or other superior Officer of Customs, shall forthwith discharge such Person, who shall not in such Case be liable to be searched; and every such Officer as aforesaid is hereby authorized and required to take such Person, upon Demand, before any such Justice, Collector, Comptroller, or other superior Officer of Customs, detaining him or her in the meantime: Provided always, that no Person, being a Female, so directed to be searched, shall be searched by any other Person than a Female, duly authorized for that Purpose by the Commissioners of His Majesty's Customs. XXXVIII. AND be it further enacted, That if any such Officer shall not take such Person with reasonable Dispatch before such Justice, Collector, Comptroller, or other superior Officer of Customs, when so required, or shall require any Person to be searched by him, not having reasonable Ground to suppose that such Person has any uncustomed or prohibited Goods about his or her Person, that such Officer shall forfeit and pay the Sum of Ten Pounds. XXXIX. AND be it further enacted, That if any PasPossession, and senger or other Person on board any Vessel or Boat shall, upon being questioned by any Officer of His Majesty's Customs, whether he has any Foreign Goods upon his Person, or in his Possession, deny the same (1), and any such Goods shall, after such Denial, be discovered upon his Person, or in his Possession, such Goods shall be forfeited, and such Person shall forfeit Treble the Value of such Goods. thereof. (1) See destroying Goods to prevent Seizure, § 55. Vessels and Writs of Assistance, may enter search for uncustomed or prohibited Houses to Goods. XL. AND be it further enacted, That it shall and may. be lawful for any Officer of Customs, or Person acting under the Direction of the Commissioners of His Majesty's Officers, with Customs, authorized by Writ of Assistance under the Seal of His Majesty's Court of Exchequer, to take a Constable, Headborough, or other Public Officer inhabiting near the Place, and in the Day-time, to enter into any House, Shop, Cellar, Warehouse, Room, or other Place, and in case of Resistance to break open Doors, Chests, Trunks, and other Packages, there to seize and from thence to bring any uncustomed or prohibited Goods, and to put and secure the same in the Customhouse Warehouse in the Port next to the Place from whence such Goods shall be so taken as aforesaid: Provided always, that for the Purposes of this Act, any such Constable, Headborough, or other Public Officer duly sworn as such, may act as well without the Limits of any Parish, Ville, or other Place for which he shall be so sworn, as within such Limits. XLI. AND be it further enacted, That all Writs of Assistance so issued from the Court of Exchequer as aforesaid, shall continue and be in force during the whole of the Reign in which such Writs shall have been granted, and for Six Months from the Conclusion of such Reign. Writs of Assistance to be in force during King's Reign, and for Six Months afterwards. carry them to XLII. AND be it further enacted, That if any Goods Police Officers subject or liable to Forfeiture under this or any other Act seizing Goods to relating to the Revenue of Customs, shall be stopped or the Customtaken by any Police Officer, or other Person acting by house Warevirtue of any Act of Parliament or otherwise duly autho- house. rized, such Goods shall be carried to the Customhouse Warehouse next to the Place where the Goods were stopped or taken, and there delivered to the proper Officer appointed to receive the same, within Forty-eight Hours after the said Goods were stopped and taken. XLIII. AND be it further enacted, That if any such Goods shall be stopped or taken by such Police Officer, on Suspicion that the same have been feloniously stolen, it shall be lawful for the said Officer to carry the same to the Police Office to which the Offender is taken, there to remain until and in order to be produced at the Trial of the said Offender; and in such Case the Officer is required to give Notice in Writing to the Commissioners of His Majesty's Customs, of his having so detained the said Goods, with the Particulars of the same, and immediately Goods stopped by Police Of ficers may be retained until Trial of Persons charged with stealing them. Vessels and Commissioners of Treasury or Commissioners of Customs may after the Trial, all such Goods are to be conveyed and deposited in the Customhouse Warehouse as aforesaid, to be proceeded against according to Law; and in case any Police Officer making Detention of any such Goods, shall neglect to convey the same to such Warehouse, or to give the Notice of having stopped the same as before described, such Officer shall forfeit the Sum of Twenty Pounds. may XLIV. AND be it further enacted, That it shall and be lawful for the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and restore Seizures. Ireland, or any Three or more of them for the Time being, or the Commissioners of His Majesty's Customs, by any Order made for that Purpose under their Hands, to direct any Vessel, Boat, Goods, or Commodities whatever, seized as aforesaid under this or any Act relating to the Revenue of Customs, to be delivered to the Proprietor or Proprietors, whether Condemnation shall have taken place or not, upon such Terms and Conditions as they may deem expedient, and which shall be mentioned in the said Order; and it shall be also lawful for the said Commissioners of His Majesty's Treasury, and the said Commissioners of His Majesty's Customs, to mitigate or remit any Penalty or Fine which shall have been incurred, or any Part of such Penalty or Fine incurred under any Law or Laws relating to His Majesty's Customs, or to the Trade and Navigation of this Kingdom: Provided always, that no Person shall be entitled to the Benefit of any Order for Delivery or Mitigation, unless the Terms and Conditions expressed in the said Order are fully and effectually complied with. Penalties. Penalty on Persons unshipping, harbour ing, or having XLV. AND be it further enacted, That every Person not arrested and detained as herein-after mentioned (1), who shall, either in the United Kingdom or the Isle of Man, assist or be otherwise concerned in the unshipping of any Goods which are prohibited, or the Duties for which Custody of any have not been paid or secured, or who shall knowingly harbour, keep, or conceal, or shall knowingly permit or suffer to be harboured, kept, or concealed, any Goods which have been illegally unshipped without Payment of Duties, or which have been illegally removed without Payment of the same, from any Warehouse or Place of Security in prohibited or uncustomed Goods. (1) See § 80. which they may have been originally deposited, or shall knowingly harbour, keep, or conceal, or permit or suffer to be harboured, kept, or concealed, any Goods prohibited to be imported, or to be used or consumed in the United Kingdom, or in the Isle of Man; and every Person, either in the United Kingdom or the Isle of Man, to whose Hands and Possession any such uncustomed or prohibited Goods shall knowingly come, shall forfeit either the Treble Value thereof, or the Penalty of One hundred Pounds, at the Election of the Commissioners of His Majesty's Customs. XLVI. AND be it further enacted, That if any Goods, upon which there is a Drawback or Bounty, shall be shipped to be exported into Parts beyond the Seas, and shall afterwards be unshipped with Intention to be relanded in the United Kingdom (unless in case of Distress, to save the Goods from perishing), that then and in such Case the said Goods shall be forfeited, and the Master of the Vessel from which they shall be unshipped, and every Person concerned in the unshipping, and the Person or Persons to whose Hands the same shall knowingly come, or who shall knowingly harbour, keep, or conceal, or suffer to be harboured, kept, or concealed, such Goods, shall for every such Offence forfeit the Treble Value of the Goods, or the Penalty of One hundred Pounds, at the Election of the Commissioners of His Majesty's Customs. XLVII. AND be it further enacted, That every Person who, by way of Insurance or otherwise, shall undertake or agree to deliver any Goods to be imported from beyond the Seas, at any Port or Place in the United Kingdom, without paying the Duties due on such Importation, or any prohibited Goods, or in pursuance of such Insurance, or otherwise, shall deliver or cause to be delivered any uncustomed or prohibited Goods, every such Person, and every Aider or Abettor thereof, shall for such Offence forfeit the Sum of Five hundred Pounds, over and above any other Penalty to which by Law he may be liable; and every Person who shall agree to pay any Money for the Insurance or Conveyance of such Goods, or shall receive or take such Goods into his Custody or Possession, or suffer the same to be so received or taken, shall also forfeit Five hundred Pounds, over and above any Penalty to which by Law he may be liable on account of such Goods. Penalties. Penalty on Persons unshipping, having Possession, or har bouring Drawback or Bounty. Goods.. Persons insur ing the Delivery Goods to forfeit 5001. |