53 Geo. 3. e. 21.

52 Geo. 3.

Assisting in

goods.

Running,

rescuing

goods.

66

"by virtue of the order of the commissioners of customs or excise in England and Scotland respectively, or on suit upon bonds taken "pursuant to orders in council," it shall be lawful for the commissioners of customs or excise, as the case may require, to cause an allowance not exceeding the sum of seven-pence halfpenny, and not less than four-pence halfpenny per day, to be made to any such poor person, out of any money in their hands respectively, arising from the duties of customs or excise as the case may require.

Rule 97. If three or more persons, armed with fire-arms or other c. 143. 11. offensive weapons, shall hereafter, within Great Britain, or within the the illegal limits of any port, harbour, or creek thereof, or within the Isle of exportation of Man, or within the limits of any port, harbour, or creek thereof, be assembled in order to be aiding in the illegal exportation of wool or other goods prohibited to be exported; or in the carrying of wool or other such goods in order to such exportation; or in the illegal running, landing, or carrying away prohibited or uncustomed goods, or re-landing, or goods liable to pay any duties which shall not have been paid or secured; or in the illegal re-landing of any goods whatsoever, which shall have been shipped or exported upon debenture or certificate, or from any warehouse wherein such wool or other goods shall have been deposited under any act of parliament for the securing the home consumption duties thereon; or in rescuing or taking away any such wool or other goods after seizure from any officer of customs or excise, or other officer authorized to seize the same, or other person employed by him, or assisting him, or from the place where the same shall have been lodged by him; or in rescuing any person who shall have been apprehended for any of the offences made felony by any act relating to the revenues of customs or excise of Great Britain, or in preventing the apprehending any person who shall have been guilty of any such offence; or in case three or more persons, armed as aforesaid, shall hereafter within Great Britain, or within the limits of any Isle of Man. port, &c. thereof, or within the Isle of Man, or within the limits of any port, &c. thereof, be so aiding; or if any person shall maliciously shoot at or upon any vessel or boat belonging to His Majesty's navy, or in the service of customs or excise, within the limits of any port, &c. of Great Britain, or within the Isle of Man, or within the limits of any port, &c. thereof, or in any port of the British or Irish channels, or on the high seas within 100 leagues of the coast of Great Britain or Ireland; or if any person shall, either on shore or on the water, within the limits last aforesaid, maliciously shoot at, maim, or dangerously wound, any officer of His Majesty's army, navy, marines, militia, or volunteers, or any other His Majesty's military or naval forces, or of customs or excise, or any other person aiding any such officer when acting in the due execution of his duty under any of the powers, authorities, or provisions of any act relating to the revenues of customs or excise of Great Britain, or of any act for the prevention of smuggling; every person so offending, and every person abetting or assisting therein, shall, being thereof convicted, be adjudged guilty of felony, and shall suffer death as a felon without benefit of clergy; and every such offence which shall be committed within any port, harbour, creek, haven, or roadstead, of Guernsey, Jersey, Alderney, Sark, or Man, the same may and shall be inquired of, tried, and determined, in the said islands respectively; and every

Shooting at vessels, officers, &c.

Guernsey,

such offence committed elsewhere out of the United Kingdom may 52 Geo. s. and shall be inquired of, tried, and determined in any county of the c. 143. United Kingdom; and every such offence committed within England, Scotland, or Ireland, may and shall be inquired of, tried, and determined, within such part of the said United Kingdom in which such offence shall have been respectively committed, but in any county or shire of such part of the said United Kingdom, in such manner as if the offence had been committed in any county or shire in which the same shall be inquired of, tried, and determined.

are charged with offences,

Rule 98. If any person shall be charged by information on oath Proceedings before any justice of the peace, or other person competent to take such when persons information, in any part of the United Kingdom, with being guilty of so assembling, aiding, or of so maliciously shooting, maiming, or 13. wounding as aforesaid, within the limits hereinbefore respectively specified, in any case wherein any such officer, or any person aiding any such officer, in the execution of his duty as aforesaid, shall have been killed, such information shall be forthwith certified by the justice or other person taking the same under his hand and seal to one of His Majesty's principal secretaries of state, who shall forthwith lay the same before His Majesty in his privy council; and His Majesty may thereupon, if he shall so think fit, by his order in council, require and command the person so charged with such offence, that he do, within 60 days, or such longer time as to His Majesty shall seem fit, after the publication of such order in the London Gazette, surrender him- Persons to self to the lord chief justice, or any other justice of the king's bench, surrender. or to any justice of the peace, or other person competent to take such surrender as in such order shall be specified; and may further order and require such order to be proclaimed by the sheriff of the county where the offence shall have been committed, if committed within any county of the United Kingdom, and if not committed within any such county, then by the sheriff of any county near to the place wherein the offence shall have been committed; and the clerks of His Majesty's privy council shall cause such order to be forthwith printed and Order to be published in the London Gazette, and such publication to be repeated published. once in every week after such first publication, until the expiration of the said 60 days, or such other time as shall be appointed by such order for the surrender of such offender, and shall also cause a copy of such order, attested by the signature of one of the said clerks, to be transmitted to the sheriff of the county specified in such order, who shall, within 14 days after the receipt of such copy, cause the same to be proclaimed, between the hours of ten in the morning and two in the afternoon, in the respective market-places, upon the respective market-days, of two market-towns, in the same county, if there shall be two such towns; and if there shall be only one such town, then in such town, and in some other place of general resort within such county; and shall also cause a true copy of such order to be affixed upon some public place in each of such markettowns or other place where such proclamation shall be made; and if the person charged with such offence shall surrender himself ac- Offenders cording to such order, the justice, or other person to whom he shall surrendering, so surrender, shall commit him to such gaol or prison within the limits of his jurisdiction, to be there dealt with according to law; but if such person so charged and proclaimed shall not so surrender himself within the time limited in such order, or shall after surrender

&c.

$2 Gro. 8. c. 143.

Offences in

England or
Ireland.

Scotland.

56 Geo. 3.

e. 104.

Powers of officers of

customs and

excise.

How officers

or navy on

half-pay may seize, § 2.

and before trial for such offence escape from justice, such person shall, from the day appointed for such surrender, be adjudged to be a person attainted of felony, and shall suffer death as a felon, without benefit of clergy, if the offence shall be charged to have been committed in England, or within the limits of any port, harbour, or creek, in England or Ireland, or within 100 leagues of the coast thereof; and it shall be lawful for the court of king's bench, or the justices of oyer or general gaol-delivery, or great sessions for the county or place where such offender shall be, to award execution against such offender, in such manner as if he had been convicted and attainted in the said court of king's bench, or before such justices of oyer and terminer, or general gaol-delivery, or great sessions, respectively; and if the offence shall be charged to have been committed in Scotland, or within any port or harbour, or creek thereof, or within 100 leagues of the coast thereof, such offender shall in the like case be adjudged, and taken to be convicted of a capital crime, and shall suffer the pain of death, and confiscation of moveables, as in the case of a person found guilty of a capital crime and under sentence for the same; and it shall be lawful for the court of justiciary, or the lords of justiciary in their circuits in Scotland, to award execution against such offender, in such manner as if he had been found guilty and condemned in the said courts of justiciary or circuit courts.

Rule 99. Every officer of customs shall have and exercise all the like powers and authorities for the examination, seizure, detention, removal, and prosecution of any boat or other vessel, cart or other carriage, horse or cattle, or any goods whatsoever, forfeited under any law of excise, as are or shall hereafter be granted, or shall or may be exercised in that behalf by any officer of excise; and every officer of excise shall have and exercise all the like powers and authorities for the examination, seizure, detention, removal, and prosecution of any boat or other vessel, cart or other carriage, horse or cattle, or goods whatsoever, forfeited under any law relating to His Majesty's customs, as are or shall hereafter be granted, or shall or may be used or exercised in that behalf by any officer of customs.

Rule 100. It shall be lawful for any officer of the army or navy on of the army half-pay, who shall be authorized for that purpose by warrant or other instrument under the hands of the lords commissioners of the treasury, or by a deputation from the commissioners of customs or excise in England, Scotland, or Ireland, to seize, within any such limits as shall be specified in any such warrant or instrument, any wine, spirituous liquors, tea, or tobacco, or any prohibited East India or French goods, or any other goods specified in any such warrant or instrument which may be subject to seizure, under any law relating to the revenue of customs or excise, or any vessel, boat, horse, cattle, or carriage, used or employed in the importation or removal of such prohibited or run goods; and all the powers, provisions, and authorities, contained in any act of parliament in relation to the making of any seizure of any such goods, or of any such vessel, boat, horse, cattle, or carriage, for being used or employed in the importation or removal of any such goods by any officer of customs or excise, and to the arresting or detaining any men liable to be arrested or detained under any act of parliament passed for the prevention of smuggling, shall extend to all such officers so authorized, and as to all goods or articles which they are respectively empowered to seize, as fully as if the several clauses,

Arresting

men.

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

c. 104.

bribes, § 3.

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 seizures or agreement to deliver up, or not to seize, any vessel, boat, horse, cattle, 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 offence forfeit 500l. and be rendered incapable of serving His Majesty in any office or employment, civil or military; and if any person whatsoever 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. (b)

Rule 102. Every such seizure shall be prosecuted, recovered, and Prosecutions, 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 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.

half-pay officers,

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.]

when re

Rule 104. In case any vessel, liable to seizure or examination by this Vessels 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, 8. having the proper pendant (c) and ensign of His Majesty's ships hoisted, or by, any vessel employed in the prevention of smuggling under

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

(b) By 59 Geo. 3. c. 121. § 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 omission or failure to make such seizure, it shall be lawful for them 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.

(e) By order in council dated the 1st February, 1817, all such vessels as are or may be employed in the prevention of smuggling, 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 crown 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 ensign appointed by the royal proclamations, bearing date the 18th December, 1702, and 1st January, 1801, to be worn by vessels employed for His Majesty's service by the commissioners of customs and excise.

56 Geo. 3. e. 104.

Shooting at vessels.

Persous

wounded or killed.

Hoisting pen.

dant or en

sigu, 9.

57 Geo. 8. c. 87. § 4.

Persons appointed by

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 a gun 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 or ensign as is hereinbefore respectively mentioned, the master of every such vessel shall forfeit 500l.

Rule 106. All things in the foregoing act of 56 Geo. 3. c. 104. respecting 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 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.

Obstructing

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 deputed by commission

ers of cus

20.

Rule 108. It shall be lawful for the commissioners of customs in 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 relating 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 shall be properson secuted, 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.