« ForrigeFortsett »
51 Geo. 3.
47 Geo. 3.
19. How commis
other person as aforesaid, who shall have seized such goods, &c. or
the condemnation thereof; but if such proprietor shall not comply not comply with the terms and conditions, such officer or person shall be at liberty,
and is hereby authorized, to proceed for the condemnation of such
action whatever for the same.
Rule 4. In case any goods or commodities whatsoever, or any ***.2.c.30. vessels, boats, horses, cattle, or carriages, shall be seized as forfeited,
by virtue of any act of parliament relating to the revenue of excise, it sioners of ex- shall be lawful for the commissioners of excise in England and Scotcise may nees land respectively, on evidence given to their satisfaction that the for
feiture arose without any design of fraud in the proprietor, claimant,
sioners respectively to be reasonable, and as they shall think fit to Proprietor direct; and if such proprietor or claimant shall comply with the terms complying and conditions prescribed by such commissioners respectively, it shall
not be lawful for such goods, &c. to be proceeded against in any
manner for the condemnation thereof; but if such proprietor or claimProprietor ant shall not comply with the terms and conditions prescribed by the pot complso said commissioners respectively, such goods, &c. may and shall be pro
ceeded against for the condemnation thereof as if this law had not
Rule 5. It shall be lawful for the commissioners of the treasury, by c. 171.9 1. any order made for that purpose under their hands, to direct any
ships or goods whatever, seized as forfeited by virtue and in pur-
Rule 6. In any case wherein the said commissioners shall exercise complied the powers hereby vested in them, such goods shall be restored to the with, 2.
proprietors, or such fines, penalties, or forfeitures, or any parts thereof,
Rule 7. It shall be lawful for the lords commissioners of His Ma. c. 104. 57.
54 Geo. 3.
How commissioners of the treasury may Testore seizurei.
Tering to be
56 Geo. 3.
Reward to informers.
. 1 Jurisdiction
jesty's treasury, or for the commissioners of customs or excise, under 56 Geo. S. their direction, to order so much of the reward, part, or share of any c. 104, seizure, or of the value thereof, as is by this act given or granted to the officers making any such seizure as they may deem proper, to be paid to the persons by whose information or through whose means and assistance such seizure may be so made; and that every such reward, or part or share of any such seizure, or of the value thereof, as shall under this or any other act be payable to any officers, non-commissioned officers, petty officers, seamen or privates of His Majesty's army, navy, or marines, or acting under the orders of the commissioners of the admiralty of Great Britain and Ireland, shall be divided and distributed in such proportions, and according to such regulations, and orders, as His Majesty shall, by his order or orders in council, or by his royal proclamation in that behalf, be pleased to direct or appoint. (a)
Rule 8. It shall be lawful for any two or more of His Majesty's 49 Geo. 3. justices of the peace for any county, riding, division, city, or liberty c. 65.0... wherein the offence shall arise, or wherein the offender shall be found,
of justices for to examine into, hear, and determine all prosecutions for penalties in- fines. curred by any offence against this or any act now in force or hereafter to be made relating to His Majesty's revenue of customs; and the said justices are hereby authorized and required, upon information exhibited before them for the recovery of any such penalty, to summon the party accused, and upon his appearance or default to proceed to the exainination of the matter of fact, and upon due proof thereof, either upon the voluntary confession of such party, or upon the oath of one or more credible witness or witnesses (which oath the said justices are hereby empowered to administer), to convict the offender in the said penalty, and in case of the non-payment thereof the said justices are hereby authorized and required to cause the same by warrant of distress and sale under their bands and seals to be levied upon the goods Distress and and chattels of the said offender, and in default of sufficient distress to sale. commit the said offender to any of His Majesty's gaols in the county wherein the offence shall have arisen, or wherein the offender shall have been found, there to remain for the space of six months, or until the said penalty shall be paid.
Rule 9. “And whereas doubts have arisen in proceedings before Summons left “ justices of the peace for penalties or forfeitures incurred by offences at house,
against the laws relating to His Majesty's revenue of customs, where “ such justices have issued out summons for the appearance of the
party against whom such proceeding have been instituted, which
summons hath been left at the house or usual place of residence of “ such party, whether the same should be deemed a good and sufficient “ summons, and as legal and effectual a notice as if the same had been “ personally served upon such party ; for the removal of such doubts,” it is declared and enacted, that in all proceedings before any justice of the peace for any fine, penalty, or forfeiture incurred under any act of parliament now in force or hereafter to be made relating to His Majesty's revenue of customs, every such summons so left, and directed to such party by his right or assumed name, shall be (except where particular provisions are or shall be made for summoning offenders,
(a) By order of the board of customs, dated June 23, 1818, informers are not to have more than the reward of one third part of the seiring officers share, without presious communication with, and special directions from, the board.
49 Geo. 3.
Mitigation of penalties,
or for condemning seizures made from persons unknown) deemed to be as good and sufficient a summons, and as legal and effectual a notice, as if the same were personally served upon such party, and as if the same were directed to such party by his
proper name. Rule 10. Where any party shall or may be convicted before any two or more of His Majesty's justices of the peace, in any penalty incurred by any offence against any act relating to His Majesty's revenue of customs, wherein no power of mitigation shall be given to the said justices, or where it shall be given not specifically by the same act, but only by reference to some other law, it shall be lawful for the said justices, in cases where upon consideration of the circumstances they shall deem it expedient so to do, to mitigate the payment of the said penalty, so as the sum to be paid by such party be not less than one half of the amount of the penalty in which such party shall have been
convicted. Expiration of Rule 11. Where any such offender shall have been committed to imprison
any such gaol, for default of such distress, and shall there remain until ment, $ 5.
the expiration of the period for which he shall have been committed, he shall be wholly discharged from the payment of such penalty, in respect whereof such warrant of distress hath been issued, as if the full penalty had been paid by the offender immediately upon con
viction. Time for lay
Rule 12. No information or proceeding for any fine, penalty, or log informa- forfeiture incurred by any offence against any act now in force or here. tions, $ 6.
after to be made, relating to His Majesty's revenue of customs, shall be exhibited or instituted before any justice of the peace after the expiration of six months from the time of committing the offence whereby such fine, penalty, or forfeiture hath been incurred.
Rule 13. It shall be lawful for any two or more of His Majesty's C. 2014. justices of the peace for any county, riding, city, division, or liberty Two justices
to examine into, hear, and determine all prosecutions for the condemnation of any seizure made by virtue of any act relating to His Majesty's revenue of customs ; and the said justices are hereby authorized and required, upon information exhibited before them, for the condemnation of any such seizure, to proceed thereon in the same manner and with the like powers and authorities as are given to them by any law of excise now in force with respect to forfeitures for the breach of
any law of excise. By whom ac- Rule 14. It shall not be lawful for any person whatsoever to com
mence, prosecute, enter, or file, or cause to be commenced, &c. any brought, $ 15.
action, bill, plaint, or information against any person for the recovery of any fine, penalty, or forfeiture, incurred under any act now in force, or which shall hereafter be made, relating to His Majesty's revenue of customs or excise, or to issue, or cause to be issued any writ of appraisement for the condemnation of any boat or other vessel, or any goods seized as forfeited by virtue of any such act unless the same be commenced, &c. by order of the commissioners of customs or excise, or by or in the name of His Majesty's attorney-general; and if any action, &c. is commenced, &c. by or in the name of any person whatsoever, except upon such order, or by or in the name of His Majesty's attorney-general, the same and all proceedings thereupon bad shall be null and void, and the court or justices of the peace, where or before whom such action, &c. shall be so commenced, &c. shall not permit any proceeding to be had thereupon.
56 Geo. S.
to determine cases.
tions to be
At what price
bible cause of seizure
Rule 15. No goods whatsoever, condemned as forfeited under any 56 Geo. 3. law of customs or excise in any part of the United Kingdom of Great c. 104. Britain or Ireland, shall be sold at a less price than shall be equal to goods to be the amount of the duties of customs and excise respectively payable sold, $ 17. upon such goods, respectively, when imported or taken out for home consumption; and all condemned goods, for which, on public sale, a price shall not be offered equal at the least to the price aforesaid, and all condemned goods, the importation whereof is or shall be wholly prohibited, shall be forthwith destroyed or sold for exportation, or ap- Prohibited plied to such public use as shall be ordered by the lords commissioners goods. of the treasury.
Rule 16. In case any information be commenced and brought to 19 Geo. 2. trial on account of the seizure of any ship as forfeited for illegally
(a) carrying goods, or of any wool or goods, as prohibited or uncustomed, Costs when or illegally carried or exported, or intended or attempted to be ex- there is proported, or as illegally re-landed after having been shipped or exported upon debenture or certificate, wherein a verdict shall be found for the claimer thereof, and it shall appear to the judge or court before whom the same shall be tried, that there was a probable cause of seizure, the judge or court before whom the said information shall be tried, shall certify on the record, that there was a probable cause for the prosecutor's seizing the said ships or goods ; and in such case the defendant shall not be entitled to any costs of suit whatsoever, nor shall the persons who seized the said ship or goods, be liable to any action, indictment, or other suit or prosecution, on account of such seizure; and in case any action, indictment, or other prosecution be commenced and brought to trial against any person whatsoever, an account of the seizure of any such ship or goods, as prohibited or uncustomed, or as illegally carried or exported, or intended or attempted to be exported, or illegally re-landed as aforesaid, wherein a verdict shall be given against the defendant, if the court or judge, before whom such action or prosecution shall be tried, shall certify on the said record, that there was a probable cause for such seizure, then the plaintiff, besides his ship or goods so seized, or the value thereof, shall not be entitled to above 2d. damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above ls.
Rule 17. In case any information or suit be commenced and 23 Geo. 3. brought to trial, on account of the seizure of any goods whatsoever, 6: 20.8 29. seized as forfeited by any act of parliament now in force, or hereafter to be made, relating to His Majesty's revenue of excise (8) or inland goods. duties, or of any vessel or boat, or of any horses or other cattle, or
Costs for er ciseable
(a) Origioally a temporary act, but by 43 Geo. 3. c. 157. so much of it “ as "relates to the further punishment of persons going armed or disguised io defiance “ of the laws of customs and excise, and to the relief of officers of customs, in in“ formation upon seizures, is made perpetual.”
(6) By 24 Geo. 3. sess. 2. c. 47. $ 35. every regulation in the above act, touching any action to be brought against any officer of excise, or against any person acting by his order, and in his aid, for any thing done in the execution of, or by reason of his office, or any proceeding thereupon, shall be extended to all acrionis to be brought against any officer of customs, or against any person acting by his orders and in his aid, for any thing done in the execution of, or by reason of his office, and to all proceedings in every such action, in as full a manner as if the officers of customs had been named and included in such act.
As to officers of army, navy, militia, volunteers, and half-pay officers, see TITLE 5, Rules 76, 83, 99, and 100.
S8 Geo. 3. c. 70.
Notice of suing out writs, &c. $ 30.
of any carriages used or employed in removing the s' me, wherein a verdict shall he found for the claimer thereof; and all appear to the judge or court before whom the same shall be tried, that there was a probable cause of seizure, the judge or court before whom the same shall be tried shall certify on the record that there was a probable cause for the prosecutor seizing the said goods, vessels, &c. as the case may be; and in such case the claimant shall not be entitled to any cost of suit whatsoever, nor shall the person who seized the said goods, or the said vessels, &c. be liable to any action, indictment, or other suit or prosecution, on account of such seizure; and in case any action, indictment, or prosecution, be commenced and brought to trial against any person whatsoever on account of the seizure of any such goods, or of any vessels, &c. used and employed in removing the same, wherein a verdict shall be given against the defendant, if the court or judge before whom such action, indictment, or prosecution, shall be tried, shall certify on the said record, that there was a probable cause for such seizure, then the plaintiff, besides the thing so seized, or the value thereof, shall not be entitled to above 2d. damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined above ls.
Rule 18. No writ shall be sued out against, nor a copy of any process served upon any officer of excise, or against any person acting by his order and in his aid, for any thing done in the execution of, or by reason of his office, until one calendar month next after notice in writing shall have been delivered to him, or left at the usual place of
abode, by the attorney or agent for the party who intends to sue out Particulars such writ or process ; in which notice shall be clearly and explicitly in notice. contained the cause of action, the name and place of abode of the
person who is to bring such action, and the name and place of abode of the said attorney or agent; and a fee of 20s. shall be paid for the preparing and serving of every such notice, and no more.
Rule 19, It shall be lawful for any of the said officers, or other permay tender sons acting in their aid, to whom such notice shall be given, at any demands,
time within one calendar month after such notice shall have been $31.
given, to tender amends to the party complaining, or to bis agent or attorney, and in case the same is not accepted, to plead such tender in bar to any action to be brought against him, grounded on such writ or process, together with the plea of “ Not guilty,”
and any other plea, with leave of the court; and if upon issue joined If amends thereon, the jury shall find the amends so tendered to have been tendered, how sufficient, then they shall give a verdict for the defendant; and in be given.
such case, or in case the plaintiff shall become nonsuited, or discontinue his action, or in case judgment shall be given for such defendant upon demurrer, then such defendant shall be entitled to the like costs as he would have been entitled to in case he had pleaded the general issue only; and if, upon issue so joined, the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant in such other plea, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, to
gether with his costs of suit. Evidence, Rule 20. No plaintiff, in any case where an action shall be grounded (32.
on any act done by the defendant, shall be permitted to produce any evidence of the cause of such action, except such as shall be contained in the notice to be given as aforesaid, or shall recover any ver