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c. 104.

seizures or

&c. relative thereto, were re-enacted in the body of this present act, as 56 Geo. 3. to all such oficers respectively: (a)

Rule 101. If any officer on half-pay, military or naval, so authorized, Collusive shail make any collusive seizure, or shall deliver up, or shall make any agreement to deliver up, or not to seize, any vessel, boat, horse, cattle, bribes, 6 s. or carriage, or any goods liable to seizure, or shall directly or indirectly take or receive any bribe, gratuity, recompense, or reward for the neglect or non-performance of his duty, in relation to any such goods, or seizure thereof, every such officer therein offending shall for each such oifence forfeit 5001. and be rendered incapable of serving His Majesty in any office or employment, civil or military; and if any person what. svever shall give, offer, or promise to give, any bribe, recompense, or reward to, or make any such collusive agreement with any such officer, every such person shall, for each such offence, whether the same offer, proposal, promise, or agreement, be accepted or performed or not, forfeit 5001. (6)

Rule 102. Every such seizure shall be prosecuted, recovered, and Prosecution, disposed of, under the direction of the commissioners of customs or ex- $ 4. cise in England and Scotland respectively, in the same manner as if made by any officer of customs or excise; and all penalties, forfeitures, clauses, matters, and things, contained in any act of parliament, relative to the seizure of the like description of goods, by officers of customs or excise; and all powers, authorities, exemptions, and exceptions, and Powers of all privileges and protections as to maintaining or defending any suit seizures to

half-pay and pleading therein, or any costs thereon, in relation to any acts, matters, or things done or that may be done by any officer of customs or excise, shall extend to all such officers on half-pay so authorized, and to all seizures made by them respectively under the authority of this act, in pursuance of any warrant or instrument given under the provisions thereof, in as full a manner as if the said penalties, &c. were repeated and re-enacted in this act, and were made part thereof.

Rule 103. Nothing in this act shall extend to give to any such officer Navigation on half-pay, any power or authority to seize any ships or goods what- acts, $ 5. ever, liable to forfeiture under any act of parliament made for the encouragement and increase of shipping and navigation. [Title 1.]

Rule 104. In case any vessel, liable to seizure or examination by this Veskeis not or any other act of parliament in force, shall not bring to on being re- bringing to quired so to do, or being chased by any vessel in His Majesty's navy, quired, ss. having the proper pendant (c) and ensign of His Majesty's ships hoisted, or by any vessel employed in the prevention of smuggling under

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officers,

(a) As to other persons, see Rule 108 of this title.

(6) By 59 Geo. 3. c. 12). 13. upon proof being made to the satisfaction of the said lords commissioners of His Majesty's treasury, that any such officer shall have acted collusively or negligently, either in the making such seizure, or in the omis. sion or failure to make such seizure, it shall be lawful for thein to direct that the whole or any part of the officers' proportion of such seizure shall be forfeited, and be applied in the same manner as His Majesty's share of seizures is by law directed to be applied.

(c) By order in council dated the 1st February, 1817, all such vessels as are or may be employed in the prevention of sinuggling, under the authority of the lords commissioners of the admiralty, or that of the lords commissioners of the treasury, or the commissioners of customs or excise, shall be allowed to wear a pendant with a red field, having a regal crowu described thereon, at the upper part next the mast; and for an ensign a red jack, with a union jack in a canton at the upper corner thereof next the staff, and with a regal crown described in the centre of the red jack, instead of the pendant and ensigo appointed by the royal preclamations, bearing date the 18th December, 1702, and 1st January, 1801, to be worn hy vessels employed for His Majesty's service by the commissioners of customs and excise,

56 Geo, 3. . 101.

Vessels.

Persous wounded or killed,

Hoisting pen. dant or en

37 Geo, 3.

Persons ap

the authority of the lords commissioners of the treasury, the lords commissioners of the admiralty, or the commissioners of customs or excise, having a pendant and ensign hoisted of such description as His Majesty, by any order in council, or by his royal proclamation, under the great seal of the United Kingdom of Great Britain and Ireland, shall from time to time in that behalf order and direct, it shall be lawful for the captain, master, or other person having the charge or command of

such vessel in His Majesty's navy, or employed as aforesaid (first causing Shooting at a gan to be fired as a signal), to shoot at or into such vessel so liable:

and such captain, master, or other officer, and every person acting in his aid, or by his direction, is hereby indemnified and discharged from any penalties or actions for damages for so doing; and in case any person shall be wounded, maimed, or killed, by means of such firing, and the said captain, master, or other person acting in his aid or by his direction shall be molested, or prosecuted, or shall be brought before any of His Majesty's justices or persons having competent authority, on account of such wounding, &c. every such justice or person is hereby authorized and required to admit every such captain, &c. to bail.

Rule 105. If any vessel not being in the service of His Majesty's

navy, or employed as aforesaid, shall carry or hoist any such pendant sigo, $ 9.

or ensign as is hereinbefore respectively mentioned, the master of every such vessel shall forfeit 5001.

Rule 106. All things in the foregoing act of 56 Geo. 3. c. 104. rec. $7.4. specting officers of the army or navy on half-pay, shall extend, and be

exercised by such persons as may be authorized and appointed by any pointed by treasury, &c. warrant or other instrument to be granted by the commissioners of the

treasury, or by the commissioners of customs or excise in England, Scotland, or Ireland, to make such seizures as are in the said act mentioned, and who shall be employed to act in or with the boat service established for the prevention of smuggling, as fully as if the same were

re-enacted with respect to such persons in this act. Obstracting

Rule 107. If any officers, or other persons in the foregoing act of officers, $ 9. 56 Geo. 3. or this act mentioned, or other persons acting in their aid,

being on shore or going on board, or being on board or returning from on board any boat or vessel liable to search under any law now in force relating to His Majesty's revenue of customs or excise, shall be hindered, opposed, molested, or obstructed in the due execution of their office or duty by any person whatsoever, every person so hindering, &c. any such officer, or other person, in the due execution of his office or duty, or so hindering, &c. any other person acting in their aid, and also every person aiding any such person in the commission of

any

such offence, shall forfeit 2001. Persons de Rule 108. It shall be lawful for the commissioners of customs in puted by England, or the commissioners of customs in Scotland, to grant their

deputation to any person to make seizures of any goods specified in toms to seize, such deputation, which may be subject to seizure under any law re| 20. lating to the revenue of customs or excise, or any vessel, boat, horse,

cattle, or carriage used in the importation or removal of such prohibited or run goods, although such person shall not hold or be appointed to any office of customs at any specific place; and such person so deputed shall and may make such seizures in like manner as any officer of customs; and such person shall be subject to the like penalties as officers of customs, and all seizures made by such person shall be prosecuted, and recovered, by the like means, as any seizure made by officers of customs or excise may by any law now in force be prosecuted and recovered.

cominissioners of cus

Clugas against Penaluna.—November 21, 1791. A role nisi having been granted for of immorality. Now it is impossible, setting aside a ponsuit in this case, considering the whole of this case, not

Buller, J. before whom the cause was to see that such were the views of the laid at the last Cornwall assizes, re- plaintiff; and if so, it taints the whole ported, that it was an action upoó se- transaction; and he cannot recover on veral bills of exchange, which had been the bills which were given for securing given for goods bought by the defendant the price of these goods; for though in Guernsey. The defendant rested his perhaps it might not be against the laws defence on the ground of its being a of Guernsey, payment cannot be ensmuggling transaction; in proof of forced by judicial process in any court which he read in evidence several let- in this country. lers, dated Guernsey, from the plaintiff, Ashhursi, J.-Though perhaps this in which he informed the defendant of was a legal contract at Guernsey, which his having shipped so many ankers (a) may be enforced in the courts of law of brandy and gin, which he had de- there; the question here is, whether the livered to Captain Johas according to courts of justice in this country ought to his orders, and that others were to be give effect to a smuggling transaction sent by the next trip. From the prices contrary to the laws of the country ; I in the invoices accompanying ihe letters think they ought not. it appeared that the ankers in which the Buller, J.--If goods be bona fide sold spirits were shipped contained about in Guernsey, and delivered there in the seven gailons each, and those prices tal- fair course of trade, the seller may relied exactly with the soms for which the cover the price of them here, though bills in question were given. Upon this they be afterwards smuggled into this evidence, Buller, J. informed the plain- country. Bit bere the plaintiff' himself tiff's counsel that he should leave it to was assisting in the act of smuggling by the jury to find for the defendant, con- the means of packing the goods; for the ceiving that this case fell within the prin- spirits were delivered in ankers, which ciple of that of Biggs against Lawrence, are used for the purpose of smuggling; on which they agreed to be non-suited, and if he take part in the transaction, it reserving the question for the opinion of taints the whole of it. And this distinthis court, whether the plaintiff was pre- guishes the case of Holman against Johncloded from recovering under these cir- son from the present. cumstances.

Cruse, J.-If a Guernsey-map collude Lawrence, sergt. and Jekyll, argued with a person living here to defeat the for the plaintiff, and Gibbs contra. laws of this country, he shall not call in

Lord Kenyon, Ch. J.-The only ques- aid the laws of this country. tion is whether there was sufficient evi- Lord Kenyon also observed, that this dence to go to the jury of Ibis being, a was distinguisbable from Holman against smuggling transaction. It was said in Johnson in another respect; that the argument, that this was not an immo. plaintiff there was not a subject of this ral transaction ; but, though the mere country; but here he is, selling of the liquors might not be so, Rule discharged. set if they were sold there by a subject

Durnford and East's Reports, of this country with a view to evade the

M. T. 1791. laws of this country, it savours strongly

The King against Brady, Kierman, and Rooke.-1797. The indictment stated that the de violently did make an assault, and the fendants after the 1st day of October, said Charles Wakely unlawfully and 1784, with force and arms, at the li- forcibly did hinder, oppose, and obberty of Havering Alle Bower, in the struct, &c. and other wrongs, &c. county of Essex, upon Charles Wakely, Second count. For assaulting the said being an officer of excise, duly con- Charles Wakely, and for opposing and stituted and appointed, and being on obstructing him in the execution of his shore in the due erecution of his office and office generally. duty, as such officer in seizing and secur. Third count. The same as the second, ing to and for the use of the King, omitting the assault. 500 lb. of soap, which said soap was This came on to be tried at the Old liable to be seized by the said Charles Bailey sessions, in September 1797, beWakely as such officer, unlawfully and fore the Lord Chief Baron, and Ash

(a) An anker contains 64 wine quarts; but the information of foreign spirits in packages containing less than 60 gallons is prohibited. See Rules 69 and 78 of this title.

hurst, J. when the defendants were found Knowlys, for the prosecution.-Smugguilty on the following facts :

gling is any attempt to defraud the revenue Two of the defendants, Kierman and of duties; and smugglers by land, as Rooke, had taken a quantity of soap well as by sea, were within the contem. ont of a copper in the manufactory of plation of 24 Geo. 3. (a) The words used an entered soap-boiler near Rumford, in that act are “ officers of the customs in Essex, without the presence of an or excise, &c. in the due execution excise officer, and were carrying it away “ of their duty, &c.” These laws were in a cart, in order to conceal it, when all inade in pari materia for the benefit Wakely, an excise officer, attempted to of the revenue. The words “ on shore," seize it ; op which he was assaulted by used in 24 Geo. 3. (a) are equivalent to the defendants, Brady, Kierinan, and “ on land ;" and so it was held by Rooke. Wakely had no warrant. Wilson, J. in the case of the King

Several points having been reserved at against England, 0, B. S. 1788 (only the trial for the opinion of the 12 judges, four years after the passing of the act), at the instance of Brady's counsel, they on this objection being taken, who were this day argued (absentee Bul- said, the words “ on shore” were only ler, J.) in the exchequer chamber. inserted in contradistinction to " on

Runnington, sergt. for the defendant “ board a ship,” and to provide against Brady. This indictment is framed on the officers being obstrucied in either si24 Geo.3. (a) The first objection is, that tuation. The above decision las often the offence charged in this iudictinent, been cited, and never hitherto called in being within the excise laws, does not question. come within either the letter or the At the Old Bailey sessions in the Despirit of an act to prevent smuggling. cember following, Grose, J. delivered Wakely should have had a warrant in the unanimous opinion of the judges: this case, and not having been cloathed That the words " on shore,” used in the with the authority required, he was not 24 Geo. 3. (a) mean on land, and that an obstructed " in the due execution" of officer of excise seizing soap in the execu. his duty.

tion of his office at an inland place, at Lord Kenyon, Ch. J. Eyre, Ch. J. any distance from the sea, is within the and Macdonald, Ch. B. expressed them- scope and protection of that act. (a) selves very clearly of opinion, that this BOSANQUET and Puller's Reports, last point could not be supported.

M. T. 1797.

West Indies, Collusive seizures.

TITLE VI.-SEIZURES. (6) [The regulations only of the most general nature are inserted under this title. The numerous causes which render vessels, goods, &c. liable to seizure, as well as other regulations applicable only to specific articles, will be found under the respective titles pertaining thereto.

In the introduction, it is stated that “ the proceedings touching prosecutions

are rejected as not included in the plan laid down.” It has been deemed adviseable, however, under this title to depart from this plan in a slight degree; and accordingly such of those proceedings as seem necessary for the information of merchants, and owners and masters of vessels, are now inserted.]

[As to seizures in the West Indies, see Title 123.]
[ As to collusive seizures, see TITLE 15.]

Rule 1. In case any goods whatever, or any vessels, boats, horses, C. 32. $ 15. cattle, or carriages, shall be seized as forfeited by virtue of any act of

parliament relating to the revenue of customs, (c) it shall be lawful for

(a) See Rule 57 of this title.
(6) As to collusive seizures, see Title 25.
For ADJUDGED CASES, see at the end of this title.

(c) By order of the board of customs, dated Nov. 29, 1817, in cases of seizure of goods or vessels, when the proprietors are desirous of being acquainted with the cause of such seizure, the collector, and controller, and the seizing officers, are not to withhold any proper information, on application being made to either of them by the owner, or any person duly authorized by him.

27 Geo. 3.

How commispioners of cus

toms may restore sei

Powers of commission

to restore seizures ex tended.

the commissioners of customs in England or Scotland, on evidence 27 Geo. 3. given to their satisfaction that the forfeiture arose without any design .37 of fraud in the proprietor of such goods, &c. to order the same to be restored to such proprietor, in such manner, and on such terms and zures. conditions, as, under the circumstances of the case, shall appear to the said commissioners of customs in England and Scotland respectively to be reasonable, and as they shall think fit to direct; and if the said proprietor shall comply with the terms and conditions pre- Terms comscribed by such commissioners, it shall not be lawful for the officer plied with. who shall seize such goods, &c. or any person whatever, on his behalf, to proceed in any manner for the condemnation thereof; but if such proprietor shall not comply with the terms and conditions prescribed Terms not by the said commissioners respectively, such officer is hereby autho- complied rized to proceed for the condemnation of such goods, &c. as if this law had not been made: provided always, that if such proprietor shall Recompense accept the terms and conditions prescribed by the said commissioners or damage of customs respectively, such proprietor shall not have, or be entitled to any recompense or damage on account of the seizure or detention of such goods, &c. or have or maintain any action whatever for the same.

Rule 2. All the powers and authorities, vested in the commissioners 51 Geo. 3. of customs in England and Scotland respectively by the foregoing act .. 96. 1.1. of 27 Geo. 3. c. 32. shall extend to authorize the commissioners of customs in England and Scotland, according to their respective juris- ers of customs dictions, to order any goods whatever, or any vessels, boats, horses, cattle, or carriages, that shall have been or shall be seized as forfeited either by any officer of customs, or by any other person whatsoever, by virtue of any act of parliament made for the protection of trade, the benefit of commerce, or the encouraging and increasing of shipping and navigation, or in pursuance of any other act of parliament in any respect relating to the department of customs, to be restored to the proprietor, whether such goods, &c. shall have been seized as forfeited in Great Britain, or on the high seas, or in any other of His Majesty's dominions, settlements, or plantations, in case evidence shall be given Plantation to the satisfaction of the said commissioners, according to their respective jurisdictions, that the forfeiture arose without any design of fraud in the proprietor of such goods, &c. and also, in case the seizure shall have been made by any such officer, or other person in any of His Majesty's settlements or plantations, or on the high seas, and it shall be made appear to the satisfaction of the commissioners of customs in England for the time being that such seizure was occasioned by the proprietor of any such goods, &c. having acted in conformity with any orders or directions which the governor or chief officer of any such settlement or plantation shall have deemed it expedient on any particular emergency to issue.

Rule 3. In any case wherein the said commissioners of customs in Terms, $ 2. England and Scotland respectively shall exercise the powers hereby vested in them, such goods, &c. shall be restored to the proprietor in such manner and on such terms and conditions as under the circumstances of the case shall appear to the said commissioners in England and Scotland respectively to be reasonable, and as they shall think fit to direct; and it' the said proprietor shall comply with the terms and Proprietor conditions prescribed by such commissioners in England and Scotland complying. respectively, it shall not be lawful for the officer of customs, or any

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