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47 Geo. 3.
N*$. 2. c. 66.
Rr-cognizance
toricited,

49 Geo. 3.

.

Recogni zance.

meol.

justice of the peace, by warrant to apprehend such offender; and in case he shall not forthwith pay the suin, according to such recognizance, to levy the same upon the goods and chattels of the offender, or to commit such offender to gaol, there to remain for the space of 12 months, or until such sum be paid.

Rule 91. If any person shall offer for sale any tea, or foreign Hawkers, &c. spirits, or any tobacco or snuff, not being licensed to deal therein, and offering arti- not having a permit for the same, or if any hawker or other trading cles for sales person going from town to town, or to other men's houses, and trading

either on foot, or with any horse or other cattle, or otherwise within Great Britain, shall offer for sale any tea, spirits, or any tobacco or snuff, although he shall have a permit for the same, it shall be lawful

for the person to whom the same shall be so offered for sale, to arrest Apprebend. and detain the person so offering the same for sale, and to seize all Ing.

such tea, &c. and carry the same to the next warehouse, belonging to the customs or excise, and to carry the person so offering the same for sale before any one of His Majesty's justices of the peace, who may thereupon require such person to enter into recognizance, in manner directed by 45 Geo. 3. c. 121. (a) and such person shall thereupon be subject to all the provisions in the said act contained, in relation to recognizances taken from persons seized as smugglers, and (if the offender shall be a subject of His Majesty and a seaman or seafaring

man, and capable of serving in His Majesty's navy) may send such Impress. person to the custody of some oflicer of the impress service, by him

to be dealt with according to 17 Geo. 3. sess. 2. c. 66. (a) or otherwise to be by such justice committed to prison, and prosecuted for the

penalties and forfeitures incurred for such offence, and such tea, &c. Prosecution. may be prosecuted in the name of the person who so stopped and

seized the same, in like manner as if the said goods had been seized by an officer of customs or excise, and after condemnation of the goods or commitment of the offender, the person having seized such goods, and detained such person so offering the same for sale, shall be entitled to 51. if one moiety of the value at which such goods be estimated and fixed as in the said act of 47 Geo. 3. mentioned, shall not exceed such sum of 51. and if a moiety of such value shall exceed 51. then a moiety of such value, which the commissioners of customs and excise respectively are to cause to be paid in like manner as rewards are paid under the said act; and such person so arresting any such offender shall also be entitled to such further rewards as by any law now in force are given to any officer or non-commissioned Officer of His Majesty's army, navy, or marines, for arresting and detaining any offender against any act of parliament passed for the prevention of smuggling.

Rule 92. If any hawker, or any other trading person, going from c. 11.9 16. town to town, or to other men's houses, and travelling either on

foot or with horse or horses, shall be convicted of knowingly dealing smuggled in, or selling any kind of smuggled, contraband, or prohibited goods, gouds. or knowingly, dealing in, or selling, any goods fraudulently or dis

honestly procured, either by himself or through the medium of others with their privity and knowledge, every such hawker or trading person shall, from such conviction, forfeit his licence, and for ever thereafter be incapable of obtaining or holding any new licence or

Value.

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Hawkers dealing in

(a) See Rules 71 and 82 of this title.

dealing under the same, and over and above all such forfeitures and 50 Geo. s. incapacities, fines and penalties, to which he is or shall be by law sub- c. 41. ject, for such illicit and illegal dealing.

Rule 93. If any such hawker or other trading person so travelling, Trading conshall trade as aforesaid without, or contrary to, or otherwise than as trary to lishall be allowed by such licence, such person shall, for each such of- cence, or not fence, forfeit 101.; and if any person trading by virtue of any licence when called to him or her granted as aforesaid, upon demand made by any person upon, $ 17, authorized or appointed to demand any such licence by the commissioners for licensing hawkers, pedlars, and petty chapmen, for the time being, or any two of them, under their hands and seals, and upon producing or showing such authority or appointment to such person so trading as last aforesaid, or upon demand made by any justice of the peace, mayor, constable, or other officer of the peace of any county or place where he shall so trade, or by any officer of customs or excise, or by any person to whom such hawker, pedlar, or petty chapman, shall offer any goods to sale, shall refuse to produce and show bis licence for so trading as aforesaid, or shall not have his licence ready to produce and show unto such person authorized or appointed as last aforesaid, or unto such justice of the peace, mayor, constable, or officer of customs or excise, then the person so refusing, or not kaving his licence ready to produce and show as aforesaid, shall forfeit 10l, and for non-payment thereof shall suffer as a common vagrant, and be committed to the house of correction,

Rule 94. If any person whatsoever shall forge any licence by this Forging liact directed to be granted, or travel with, or produce or show any cence, $ 18. such forged licence, for any of the purposes aforesaid, every such person shall, for

every such offence, forfeit 3001. Rule 95. In case any person shall let out, or hire, or lend any Hiring or licence to him granted as aforesaid, or shall trade with or under colour Imagine lie of any licence granted unto any person whatsoever, or of any licence cence, $ 19. in which his own real name shall not be inserted as the name of the person to whom the same is granted, the person letting out to hire or lending any such licence, and the person so trading with or under colour of any licence, &c. shall each of them forfeit 401.; and in case any person shall be convicted or have judgment against him for lending his licence to any other person contrary to this act, such his lieence shall be from henceforth forfeited and void, and he shall be utterly incapable of having any licence again granted to him to trade as aforesaid ; provided that nothing therein contained shall subject to the said penalty any servant travelling for a licensed master, with the Servant. licence of such master, and for his benefit; or any licensed master sending such servant to travel with such licence.

Rule 96. “ For the necessary subsistence of any poor person con- 53 Geo. 8. “fined under any exchequer process, for the recovery of any duties 21. * or penalties by virtue of any act of parliament now in force, or * hereafter to be made, relating to the department of customs or ex- under exche“ cise, or confined under any warrant of commitment in execution, quer procesi. “commonly called a body warrant, issued by the commissioners of “excise in England, or by any justices of the peace within Great “ Britain, under any act of parliament now in force, or hereafter to * be made, relating to the department of customs or excise, or con" fired under any writ of extent for debts due to His Majesty, sued

Porr persons confined

53 Geo. 3. e. 21.

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52 Geo. 3.

the illegal

goods.

or

rescuing gools,

" 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 Assisting in

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 runRunning, ning, landing, or carrying away prohibited or uncustomed goods, or tralanding, of goods liable to pay any duties which shall not have been paid or se

cured ; 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 afore

said, 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 Shooting at 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 ficers, &c.

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 be

nefit of clergy; and every such offence which shall be committed Guernsey,

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

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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.

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 persona

are charged information, in any part of the United Kingdom, with being guilty of with offeders, so assembling, aiding, or of so maliciously shooting, maiming, or $ 12. 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 tu 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, 80 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.

32 Geo, 3. c. 143.

Offences in
England or
Ireland.

Scotland.

56 Geo. 3.

Powers of officety of

and before trial for such offence escape from justice, such person shall, from the day appointed for such surrender, be adjudged to be a per son 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 avard 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 f. 101: !: like powers and authorities for the examination, seizure, detention,

removal, and prosecution of any boat or other vessel, cart or other customs and carriage, horse or cattle, or any goods whatsoever, forfeited under excise.

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. How officers 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, balf-pay may seize, 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, borse, 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 Arrecting goods by any officer of customs or excise, and to the arresting or de

taining 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,

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