Imágenes de páginas
PDF
EPUB

Further dil. IX. And be it enacted, That it shall be lawful for

s of search the searchers, as well as for ibe naval oficers, and for ers.

any other person, baving good cause to suspect that
any goods, wares, or merchandises, on which duties
have not been paid, are stored or secreted in any
house, warehouse, or storehouse, to apply to a justice
of the peace, or alderman of the corporation, for a
warrant (which warrant shall not be granted but on
information upon oath) and being accompanied with
a constable, to break open in the day time, such sus-
pected house, warehouse, or storehouse, when it may
be necessary; and any goods so found, on which the
duvies have not been paid, or secured to be paid, may
be seized and carried away, and together with the ves-
sel from which the same were delivered. shall be for-
feited; one half to the use of the naval officer, search-
er, or other person prosecuting for the same, the other
hall to the use of the commonwealth. And if any offi-
cer or other person shall be sued or prosecuted for any
thing done by virtue of the power bereby given, he
may plead the general issue, and give this act in evi-
dence, and if in such suit, the plaintiff be non-suited,
or judgment pass against him, the defendant shall re-
cover double costs; and in all actions, suits or infor-
mations brought, or where any seizure shall be made
pursuant to this act, if the property be claimed by
any person as the owner or importer thereof, in all
such cases the onus probandi shall lie on the owner or
claimer.

X. And be it enacted, That no person shall be reCasis of wine quired to give account upon oath of the true contents or spirits, how of any pipe or lesser çask of wine, or any hogshead or estimated.

lesser cask of spirits, beer, ale, porter, cyder, or molasses imported, but shall have liberty to enter a pipe or hogshead as aforesaid, at one hundred and ten gallons, and all lesser casks after the same proportion. And to prevent fraud by the importation of the li

quors aforesaid, in casks of unusual size. . When casks XI. Be it further enacted, That where it shall be may be gau. supposed by any naval officer, or searcher, that any ged.

pipe, hogshead, or lesser cask, contains more of any of the aforesaid articles, than has been entered, he is hereby authorised to have the same ganged, and if the conlents shall exceed the quantity entered ten per centum or more, every such pipe, bogshead, or other cask,

shall, with its contents, be liable to seizure and forfei-
(ure; one half to the use of the commonwealth, the,
other half to the use of such officer.

XII. And be it enacted, That when any naval officer, when packa. or searcher, shall suspect that any package or parcel ges of goods of goods contains any article that has not been entered, may be openor a greater quantity of any article than has been en- ed. tered, it shall be lawful for such officer to open and examine such package or parcel, and in case it shall appear that an untrue entry has been made, with an intention to defraud the commonwealth of any part of the Juties, every such package or parcel, togeiler with the ship or other vessel, rigging, tackle, apparel, and turniture, in which the same was imported, shall be liable to seizure and condemnation in the court of admiralıy; one half to the use of the commonwealth, the other half to the use of such officer. XII. And be it enacted, That any master or skip

skipa Transportaper of a vessel intending to transport any goods, wares, tin of oods or merchandises, liable to a duty, from one district to from me disanother, shall obtain from the naval officer of the dis- trici to anotlitrict from which they are to be transported, a permit to under the hand and seal of such officer, describing the vessel with the casks, packages, and parcels therein laden, according to their respective inarks and numbers, specifying the district into which they are to be transported, and certifying that all the duries thereon have been duly paid or secured to be paid, on producing which permit to the naval officer of such latter district, such master or skipper shall be entitled to a permit from him to deliver and unlade his cargo at the place or places authorised by law. And if any such goods, wares, or merchandises, liable to duty, shall be delivered or unladen, or shall be found on board, wit out having obtained such permit, the saine shall, together with the vessel, rigging, tackle, apparel and furniture, be liable to seizure and condemnation in the court of adıniralty: one half to the use of the coinmonwealth, the other half to the person suing for the same.

XIV. And be it enacied, That ay master or owner Rule where of any ship or other vessel coming into this common- pary, only of wealth, and laden with goods wares, or merchandises, ,

ar merchandises the goods

os destined for a part whereof only are to be delivered in this con- this state. monwealth, shall be admitted to enter and deliver the same, on paying or securing to be paid the duties

thereon together with such proportion of the lonnage as will correspond with the proportion which the value of such part bears, to the value of the whole cargo. And if any other part of the cargo liable to duty, shall be unladen or put on shore, the same shall, together with the vessel, rigging. Tackle, apparel and furniture, be subject to seizure and condemnation in the court of admiralıy as aforesaid; one half to the use of the commonwealth, the other half to the party suing for the same.

XV. And be it further enacted, That when any masGoods depos. ited. as secu. ter, commander, or owner, of any ship or vessel, imcity for duties porting goods, wares, or merchandise, into this comyhen. · monwealth, cannot give security for the duties paya

ble thereon, it shall be lawful for the naval officer to take into his possession so much of the said goods, and dispose thereof, as will pay the duties on the same, giving four weeks notice of such sale in the public

Gazetie. Oficers ob. XVI. And be it further enacted, That when any ofstructed in ficer of the customs, or officer of the state boats in mathe execution king seizure of any vessel, or of goods, wares, or merof this act,

ed, chandise, shall meet with obstruction in the execution

of his office, such officer is hereby authorised, whenever he shall see occasion, to summon any person or persons, or to impress any vessel or vessels, for his assistance. The person or persons so assisting, shall be allowed for their trouble, one half the sum given by law to such officers making seizure. If any person be summoned as aforesaid, and fail to render the assistance required, not having a reasonable excuse, he shall forfeit and pay the sum of twenty pounds, to be recovered on motion of the officer in the court of the county where the party resides, and applied by the court towards lessening their county levy; Provided, ten days botice be given of such motion. And the better to guard against frauds in the district of South Potowmack and

river Pocomoke. What goods XVII. Be it enacted, That no goods, wares, or mermay be water' chandises, of greater value than ten pounds, shall be borne

waterborne in any one vessel at one time from any port or place, to another port or place wiibin the said district of South Potownack and river Pocomoke, unless it shall be certified under the hand and seal of the naval officer of the district, or of a searcher, or some justice

how

asista

of the peace within the sanie, that lie has sufficient rea-
son to believe that the duties have been paid or secu-
red to be paid thereon; and if any goods, wares, or
merchandises, so waterborne, without a certificate
accompanying the same, shall be put on shore, they
shall, together with the vessel or craft from which they
shall be delivered, be liable to seizure and condemna.
tion in the court of thc county or corporation wherein
seizure shall be made; one half to the use of the com-
monwealth, and the other half to the use of the person
prosecuting for the same, which court is hereby autho-
rised to take cognizance of, ard determine all such
causes according to the laws and usages observed in
the court of admiralty, Provided, That where the
value of the things seized and condemned shall exceed
twenty pounds, an appeal shall lie to the court of ad-
miralty, which is hereby authorised to take cognizance
of and determine the same, the defendant in such case
giving bond with security at the time of entering his
appeal, to prosecnte the same with effect, in like man-
ner as is required in cases of appeal from a county or
corporation court to the general court; But the court
of the county or corporation, in which such condem-
nation shall be had, may, notwithstanding such appeal,
direct sale to be made of the things condemned, and the
money arising therefrom, to be paid to the clerk of the
court to await in his hands the determination of the
court of admiralty.
XVIII. And be it enacted, That the several naval

When naval officers shall settle with the auditor of public accounts of up to the first day of February next, and shall pay in- count. to the treasury all balances appearing then to be due from them, and shall thereafter pay quarterly into the treasury, all monies coming into their hands by virtue of their offices. All bonds for duties now unsatisfied in the hands of the said officers, shall by them be delivered to the solicitor, with an endorsement thereon of any

. Duty bonds partial payments which shall have been made, and of ho the times of such payments. And all bonds which shall rable. hereafter be taken for duties unpaid to the naval officers at the time of entry, shall by them be forthwith transmitted to the solicitor. For all bonds so delivered or transmitted to the solicitor, iwo receipts shall be given by him to the naval officer, who shall deposit with the auditor of public accounts one of such receipts, and a

Hicers to ac

iecove.

list of the bonds put into the hands of the solicitor, and the auditor shall charge the solicitor with all such bonds. The solicitor shall advertise four weeks successively in the public Gazette, that such bonds are in his possession, specifying the sums due thereon, and the uimes at which the same will be payable, and on failure of payment, the solicitor shall at the succeeding general court, or county court of Henrico, move for judgment against the principals and securities in such bonds; and the said courts are hereby authorised to give judgments for the sums dne, with five per centum interest, and costs of sult; and on the executions to be issued thereupon, the clerk shall endorse - no security to be taken.” And so soon as the solicitor shall receive all or any part of the sunis due ad such bonds or executions, he shall immerliately pay the same into the treasury, and the re

ceipis obtained therfor shall entiile him to a credit for Penalties on so much with the auditor. Any naval officer, or solinaval uflicers. citor, failing to pay the money into the treasury agree

ably to this aci, shall forfeit and pay five hundred pounds for every such failure, and shall be suspended from his office by the executive. And any naval officer failing to deliver the bonds to the solicitor as required by this act, shall forfeit and pay five hundred pounds for every such failure, and shall in like manner be sus

pended from his office. Borld and se- XIX. And be it enacted, That the solicitor shall, on curity by so. or before the first day of February next, enter into licitor.

bond with sufficient securities, payable to the governor for the time being, in the sum of ten thousand pounds, conditioned for the faithful performance of the duties of bis office, and for the payment of all public monies by

him received. Within what XX. And be it enacted, That no goods, wares, or hours goods merchandizes whatsoever, shall be delivered or unlamay be deli

deu from any ship or other vessel importing the same, vered from a vessel.

unless it be between sun-rise and sun-set; and in case any such be delivered or unladen at any other time, the same shall, if the packages or parcels be unkroken, be liable to seizure aud condemnation, although it shall appear that they have been regularly entered; and in case they shall not be in unbroken packages or parcels, il shall be considered as evidence that they have not been duly entered, and they shall, together with the vessel, rigging, tackle, apparel and furniture, be liable

« AnteriorContinuar »