Page:Ruffhead - The Statutes at Large - vol 5.djvu/430

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384 C. 18. Anno odavo G e o r g i 1 Regis. 8 Ann. c. 7. S Ann, c. 13. A. D. 1721. Goods into his or their Houfe, Shop or Warehoufe, Cuftody or Poffefnon, knowing the fame to be fo run, fuch Perfon and Perfons fhall and may be profecuted for any of the Offences or Matters aforefaid by Action, Bill, Plaint or Information, and thereupon a Capias in the firft Procefs, fpecifying the Sum of the Penalty fued for, fhall and may iffue; and fuch Perfon or Perfons fhail be obliged to give fufficient Ba'"l or Security by natural-bom Subjects or Denizens, to the Perfon or Perfons to whom fuch Capias fliall be directed, to appear in the Court out of which fuch Capias (ball iffue at the Day of Return of fuch Writ, to anfwer fuch Suit and Profecution, and fhall likewffe at the Time of fuch appearing, give fuffi- cient Bail or Security by fuch Perfons as aforefaid in the faid Court, to anfwer and pay all the Forfei- tures and Penalties incurred for fuch Offence or Offences, in cafe he or they fhall be convicted thereof or to yield his or their Body or Bodies to Prifon. ' XVI. And whereas by two feveral Acts paffed in the eighth Year of the Reign of her late Majeily

  • Queen Anne, the one, intituled, An Ail for granting to per Maje/iy new Duties of Excifc upon fevered

' imported Commodities, and for other Purpofes therein mentioned; the other, .intituled, An' A5t for con- tinuing feveral bnpofitions, additional Impofitions and Duties upon Goods imported, to raife Money by way of Loan for the Service of the Tear one thoufand feven hundred and ten ; and for taking off the Over- Sea Duty Coals exported in Britifh Bottoms ; and for preventing Frauds in Drciwhacks upon Certificate Goods, and Seizures of Vef- fels, &c. of 15 'Ions or under, Jiow to be pro- ceeded upon. 6 Geo. 1. (eft. 20. C2I. No Certiorari, -Juftices of Lon- don, &c. to have J ike Power- as other Juftices, Goods brought from one Port 'snto another in Great Britain, &c. unfhipped before Cocquet delivered to Cuftomer, &c. forfeited. Foreign Goods landed without Prefence of Offi- psi,, forfeited. ' other Purpofes therein mentioned, it is thereby refpectively enacted, That if any Sort of Goods what- ' foever, liable to the Payment of Duties, be unfhipped with Intention to be laid on Land (Cuftoms

  • and other Duties not being firft paid or fecured) or if any prohibited Goods whatfoever be imported
  • into any Part of Great Britain, or in cafe any Tobacco or other foreign Goods contained or fpecitied

' in any Certificate, whereupon any Drawback is to be made, or whereupon any Debenture is to be made L forth for fuch Drawback, fhall, when fhipped for Exportation, be landed again in any Part of Great 1 Britain (except as therein is excepted) the Veffels and Boats, and all the Horfes and other Cattle and ' Carriages whatfoever, ufed in the Landing, Relanding, Removing, Carriage or other Conveyance of

  • the aforefaid Goods, fhall be forfeited and loft, and may be fued for, recovered and diftributed in fuch

' Manner as by the faid Act is provided and directed ; which Laws have not had the good Effects there- ' by propofed, in regard that the keeping and maintaining the Horfes fo feized, from the Time of Sei-

  • zure to the Time of Condemnation in his Majefty's Court of Exchequer, is very chargeable, and for

' that the Charge of condemning fuch Veffels, Boats and Horfes as aforefaid is very great, whereby ' Officers are difcouraged from making fuch Seizures, and the Smugglers encouraged in their illegal ' Practices :' Be it therefore enacted by the Authority aforefaid, That all Seizures of Veffels or Boats of the Burthen of fifteen Tuns, or under, which fhall be made after the twenty-fifth Day of March one thoufand feven hundred and twenty-two, by Virtue of the faid Acts or either of them, or of any other Ait relating to the Revenue of Cuftoms, for carrying or conveying uncuftomed or prohibited Goods from Ships inward or for relanding Certificate or Debenture Goods from Ships outwards, and that all Seizures of Horfes, or other Cattle or Carriages whatfoever, which fhall be made after the twenty-fifth Day of March one thoufand feven hundred and twenty-two, for being ufed in the Removing, Carriage or Conveyance of fuch Goods, contrary to the faid Acts or any of them, fliall and may be examined into, proceeded upon, heard, adjudged and determined by and before two or more of his Majefty's Juftices of the Peace refiding near the Place where fuch Seizure fhall be made, in fuch Manner, and after fuch Summons or publick Notice given, as by an Act paffed in the fixth Year of his prefent Majefty, inti- tuled, An AH for preventing Frauds and Abufes in the publick Revenues of Excife, Cuftoms, Stamp-Duties, Pofl-Ofifice and FIoufc-Motiey, Seizures of Brandy, Arrack, Rum, Spirits or Strong-Waters (except as therein is excepted] may be examined into, proceeded upon, heard, adjudged and determined, before two or more of his Majefty's Juftices of the Peace, and fuch their refpective Judgments fhall be and are hereby declared to be taken and adjudged to be good, valid and effectual in the Law, and final to all In- tents and Purpofes whatfoever, and not liable to any Appeal, or any Writ or Writs of Certiorari ; any Law, Statute or Provifion to the contrary notwithftanding. XVII. Provided always, and be it enacted by the Authority aforefaid, That any two or more Juftices of the Peace of the Cities of London and Weflminfler, fliall have the like Power and Authority in the fummoning, examining, proceeding, hearing, adjudging and determining fuch Seizures, as are or fhall be made within the Cities of London or IVeJlminfler refpectively, as any two Juftices of the Peace of any other County or Place have ; any Law or Cuftom to the contrary notwithftanding. ' XVIII. And whereas foreign Goods are frequently taken in at Sea by Mafters of coafting Veffels, ' who privately land the fame, to the Prejudice of the Revenue, and the Encouragement of the foul ' Traders :' For the Prevention whereof, be it further enacted by the Authority aforefaid, That if any Goods brought or coming into any Port within the Kingdom of Great Britain, from any other Port within the faid Kingdom, by Coaft Cocquet, Tranfire, Let-pafs or Certificate, in any Ship or Veffel, fhall, from and after the twenty-fifth Day of March one thoufand feven hundred and twenty-two, be un- fhipped to be landed or put on Shore, before fuch Cocquet, Tranfire, Let-pafs or Certificate, fhall be delivered to the Cuftomer or Collector and Comptroller of the Port or Place of her Arrival, and Warrant or Sufferance made and given from fuch Cuftomer, Collector and Comptroller for the landing or difcharg- ing thereof, the Mailer, Purfer, Boatfwain, or other Mariner, taking Charge of fuch Ship or Veffel, out of which the Goods fliall be landed or put on Shore, knowing and confenting thereunto, fhall forfeit the Value of the Goods fo unfhipped ; and if any Goods of foreign Growth, Production or Manufac- ture, coming Coaftwife as aforefaid, fhall be landed without the Prefence of an Officer of the Cuftoms, fuch foreign Goods, or the Value thereof, fliall be forfeited and loft j any Law, Cuftom or Ufage to the contrary notwithftanding, ' f XIX. An4