Provifo as to cers feizing Ships gation Acts. In lieu of the pavable, the Rementioned fhall be paid for Sei wards herein zures. Exemptions, Exceptions, Privileges and Protections were repeated and reenacted in this Act, and were made Part thereof. V. Provided always, and be it further enacted, That nothing in this A&t contained fhall extend or be conftrued to extend to give to any fuch Officer on Half Pay as aforefaid, any Power or Authority to feize any Ships, Goods or Commodities whatever, liable to Forfeiture under any Act or Acts of Parliament made for the Encouragement and Increase of Shipping and Navigation. VI. And be it further enacted, That for the further Reward and Encouragement of Officers of the Army, Navy or Marines, or Officers acting under the Orders of the Lord High Admiral or Commiffioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, and of fuch Officers on Half Pay as aforefaid, and of all Officers acting under the Orders of the Commiffioners of Cuftoms or Excife of England, Scotland or Ireland refpectively, for the Prevention of Smuggling, and of other Perfons giving Information of any fmuggling Tranfac tion, the Rewards hereinafter mentioned fhall, in lieu of the Rewards now payable, be paid and allowed for and in refpect of all Seizures of Ships, Boats or other Veffels, Goods, Wares or Merchandize under any Law or Laws of Cuftoms or Excife now in force at Sea, or for being unfhipped or landed without Payment of His Majesty's Duties of Cuftoms or Excife refpectively payable on the legal Importation of fuch Goods, Wares or Merchandize, or the Importation of which fhall be wholly prohibited; that is to fay, if any fuch Officer or Officers making any fuch Seizure at Sea fhall alfo arreft, ftop and detain all the Perfons who fhall be or fhall have been employed in navigating the Ship, Boat or other Veffel in or on board of which fuch Goods, Wares or Merchandize shall be or fhall have been brought, found or feized, and shall also feize and fecure fuch Ship, Boat or other Veffel; or making fuch Seizure on Shore fhall also arreft, ftop and detain the Perfon who fhall be unlading, removing, carrying or concealing fuch Goods, Wares or Merchandize, landed without Payment of Duty or wholly prohibited as aforefaid, and also seize and fecure the Cart or other Carriage, and Horfe or Horfes or Cattle ufed for removing and carrying the fame; and fuch Officer or Officers as aforefaid fhall take or convey, or caufe every fuch Perfon fo arrefted, stopped or detained as aforefaid to be taken or conveyed before One or more of His Majefty's Juftices of the Peace, so that he or they may be dealt with according to Law; or fhall deliver every such Perfon who fhall be fit for and liable to be employed in His Majefty's Navy to fome Commander in or on board of One of His Majefty's Ships of War, then and in every such case fuch Officer or Officers making fuch Seizure fhall be entitled to and shall be paid the whole of the Value, after deducting all fuch Cofts and Expences as aforefaid, at which fuch Goods, Wares or Merchandize fhall be refpectively estimated or fixed by the Commiffioners of Cuftoms or Excise respectively ordering and directing the Profecution; and in cafe fome or one only of fuch Perfons as aforefaid fhall be feized, arrefted or detained, and brought before fuch Juftice or Juftices, or delivered over for the Ufe of His Majefty's Navy as aforefaid, and the reft shall unavoidably escape, and fuch Ship, Boat or other Veffel fhall also be seized and fecured as aforefaid, fuch Officer or Officers making fuch Seizure aa as aforefaid fhall be entitled to and shall be paid, after fuch Deduction as aforefaid, Three Fourth Parts or Shares of fuch Value as aforefaid; and in cafe fuch Officer or Officers as aforefaid, making any fuch Seizure as aforefaid, fhall also feize and fecure fuch Ship, Boat or other Veffel as aforefaid, or the Cart or other Carriage or Carriages, Horfe or Horfes, or Cattle as aforesaid, but shall not alfo ftop, arreft and detain, and produce before the Juftice or Juftices, or deliver over for the Ufe of His Majefty's Navy as aforefaid, any of the Perfons aforefaid, or shall stop, arreft, detain and produce before the Justice or Juftices, or deliver over for the Ufe of His Majesty's Navy as aforefaid, fuch Perfons as aforefaid, or fome or one of them, but not feize and fecure fuch Ship, Boat or other Vessel, Cart, Carriage, Horfe or Cattle as aforefaid, then and in fuch cafe fuch Officer or Officers making fuch Seizure fhall be entitled to and shall be paid, after fuch Deduction as aforefaid, Two Third Parts of fuch Value as aforefaid; and in case any such Officer or Officers shall make Seizure of any fuch Goods, Wares and Merchandize as aforefaid, and fhall neither feize and fecure the Ship, Boat or other Veffel aforefaid, or arreft, detain and produce before the Juftice or Juftices, or deliver over for the Ufe of His Majesty's Navy as aforefaid, any of the Persons aforefaid, then and in such case fuch Officer or Officers making fuch Seizure of fuch Goods, Wares or Merchandizes only fhall be entitled to and shall be paid, after fuch Deduction as aforefaid, One Half Part of the Value at which such Goods, Wares or Merchandize fhall be fo eftimated or fixed as aforefaid: Provided always, that it fhall be lawful for the Lords Provifo where Commiffioners of His Majefty's Treafury for the time being, upon Proof being made to their Satisfaction that the Failure of any fuch Officer or Officers upon making any fuch Seizure as aforefaid, in arrefting all or any of the Perfons aforefaid, and producing them or Arrest or Seihim before fuch Juftice or Juftices as aforefaid, or delivering them zure was not or him over for the Ufe of His Majefty's Navy, or feizing and owing to want of fecuring fuch Ship, Boat or other Veffel, was not owing to any Want of Exertion on the Part of fuch Officer or Officers, but was folely occafioned by Refiftance, or from the Violence of the Sea, Darkness of the Night or other infurmountable Obstacles, to grant to fuch Officer or Officers fuch further Part of the Value of fuch Seizure as aforefaid, as by them may be deemed expedient in that behalf. Evidence to Satisfaction of Treasury that the Failure of Exertion on the part of the Officer. VII. Provided also, and be it further enacted, That it fhall be Reward to Inlawful for the Lords Commiffioners of His Majefty's Treasury for formers. the time being, or any Three of them, or for the Commiffioners of Cuftoms or Excife, under their Direction, to order fo much of the Reward, Part or Share of any fuch Seizure, or of the Value thereof as aforefaid, as is by this Act given or granted to the Officer or Officers making any fuch Seizure as aforefaid, as they may deem proper, to be paid to the Perfon or Perfons by whofe Information or through whofe Means and Affiftance fuch Seizure may be or may have been fo made; and that every fuch Reward, or Part or Share of any fuch Seizure, or of the Value thereof, as shall under zures payable to or by virtue of this or any other A&t be payable to any Officer or Officers, Non Commiffioned Officers, Petty Officers, Seamen or Privates of His Majefty's Army, Navy or Marines, or acting under the Orders of the Lord High Admiral, or of the Commiffioners for according to 56 GEO. III. M m executing Shares of Sei Officers and Army and Navy Proclamation. Veffels liable to Examination not be bringing to when required may fhot at (first firing a Signal Gun); and the Captain, &c. of His Majesty's Ship, &c. fhall be indemnified, having the proper Fendant and Enfign hoisted. Masters of Vel fels not being in the Service hoift ing fuch Pendant or Enfign. Penalty. executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, shall be divided and diftributed in fuch Proportions, and according to fuch Rules, Regulations and Orders, as His Majefty fhall, by his Order or Orders in Council, or by his Royal Proclamation in that behalf, be pleafed to direct or appoint. VIII. And be it further enacted, That in cafe any Ship or Veffel, liable to Seizure or Examination by this or any other Act of Parliament in force, fhall not bring to on being required fo to do, or being chafed by any Ship or Veffel in His Majefty's Navy, having the proper Pendant and Enfign of His Majesty's Ships hoifted, or by any Ship or Veffel employed in the Prevention of Smuggling under the Authority of the Lords Commiffioners of the Treafury, the Lords Commiffioners of the Admiralty, or the Commiffioners of the Cuftoms or Excife, having a Pendant and Enfign hoifted of fuch Description as His Majefty, by any Order in Council, or by his Royal Proclamation, under the Great Seal of the United Kingdom of Great Britain and Ireland, fhall from time to time in that behalf order and direct, it shall and may be lawful for the Captain, Master or other Perfon having the Charge or Command of fuch Ship or Veffel in His Majefty's Navy, or employed as aforefaid, (firft caufing a Gun to be fired as a Signal,) to fhoot at or into fuch Ship or Veffel fo liable as aforefaid; and fuch Captain, Mafter or other Officer, and every Perfon acting in his Aid and Affiftance, or by his Direction, shall be and he is hereby indemnified and difcharged from any Penalties or Actions for Damages for fo doing; and in cafe any Perfon or Perfons shall be wounded, maimed or killed, by means of fuch firing, and the faid Captain, Master or other Perfon acting in his or their Aid or Affiftance, or by his or their Direction, fhall be fued, molefted, or profecuted, or fhall be brought before any of His Majefty's Juftices of the Peace, or other Juftices or Perfons having competent Authority, for or on account of fuch Wounding, Maiming or Killing as aforefaid, all and every fuch Juftice or Juftices, Perfon or Perfons, is and are hereby authorized and empowered, enjoined and required to admit every fuch Captain, Mafter or other Person or Perfons fo brought before him and them as aforefaid, to Bail; any Law, Ufage or Cuftom to the contrary notwithstanding. IX. And be it further enacted, That if any Ship or Veffel not being in the Service of His Majefty's Navy, or employed as aforefaid, fhall carry or hoift any fuch Pendant or Enfign as is hereinbefore refpectively mentioned, the Mafter or Perfon having the Charge or Command of every fuch Ship or Veffel fhall forfeit the Sum of Five hundred Pounds, to be recovered and applied in fuch manner as any Penalty or Forfeiture is directed to be recovered and applied in and 24 G. 3. Seff. 2. by an Act paffed in the Twenty fourth Year of the Reign of His prefent Majefty, intituled An A& for the more effectual Prevention of Smuggling in this Kingdom. c. 47. One Half of the Rewards to be paid on Condemnation of Seizure, and the other on Ac counts being adjusted. X. And be it further enacted, That One Half Part of all fuch Rewards as aforefaid, after fuch Deduction as aforefaid, fhall be paid by the Commiffioners of Cuftoms or Excife refpectively by whom the Profecution fhall be directed to fuch Officer or Officers, or other Perfon or Perfons as aforefaid who fhall be entitled to the fame, immediately upon the Condemnation of any fuch Seizure as aforefaid, and the other Half Part thereof upon the Account or Accounts relating to fuch Seizure being finally made up and adjusted. XI. And or if Seizure not XI. And be it further enacted, That all Cofts and Expences Expences to be attending the Seizure, Detention, Cuftody, Removal, Profecution, paid out of grofs Condemnation and Sale of any Ship, Boat or other Veffel, Carriage, Proceeds of Sale; Horfe, Cattle, Goods, Wares or Merchandize respectively, forfeited fold, then out of under any Law or Laws of Customs or Excife, fhall, except in the The King's cafes hereinafter mentioned, be paid out of the grofs Proceeds arifing Share of Seifrom the Sale of fuch Seizure whenever fuch Goods, Wares or Mer- zures. chandize respectively are fold; and in cafe any fuch Goods, Wares or Merchandize fhall not be fold, but be destroyed or otherwise difpofed of by any Order of the Lords Commiffioners of His Majesty's Treasury for the time being, or any Three of them as aforefaid, all fuch Cofts and Expences fhall be paid out of His Majefty's Share of Cuftoms or Excife Seizures which fhall or may be feized or condemned. of Cuftoms or Excife may pay Inftance out of Expences in first The King's Share of Seizures, and alfo diftribute a Sum among the Off cers, &c. not exceeding the Value of Reward appointed without deducting Expence. for Seizure, XII. Provided always, and be it further enacted, That, in all Commissioners cafes where any Ship, Veffel, Boat, Horfe, Cattle, Cart, Carriage or Goods of what kind foever fhall be feized as forfeited under or by virtue of any Act or Acts of Parliament relating to His Majefty's Revenue of Cuftoms or Excife, it fhall be lawful for the refpective Commiffioners of Customs or Excife, or any Three or more of them refpectively, under the Direction of the Lords Commiffioners of the Treasury, if they in their Discretion and Judgment shall deem it expedient fo to do, to order the whole or any Part of the Cofts, Charges and Expences arifing either from the Seizure, Custody, Removal, Detention or Profecution of any fuch Ship, Veffel, Boat, Horse, Cattle, Cart, Carriage or Goods, whether the fame fhall be condemned or not, and alfo of the Cofts, Charges and Expences arifing from the Condemnation thereof, if the fame fhall be condemned, and of the Sale thereof, if fold, whether the Produce arifing from the Sale thereof shall be fufficient to answer the faid Cofts, Charges and Expences or not, to be paid out of His Majefty's Share of the Produce arifing by the Sale of Customs or Excife Seizures, which have been or fhall and may be feized and condemned, and fhall pay or diftribute to and amongst the Officer or Officers who fhall have made any fuch Seizure as aforefaid, and the Informer or Informers, if any, by whofe Information, or through whofe Means or Affiftance fuch Seizure fhall be or shall have been made, a Sum or Sums of Money not exceeding the Part, Share or Proportion of fuch Seizure, or the Value thereof, or the Reward for making fuch Seizure directed by Law to be paid or allowed to the Informer, or Officer or Perfon making any fuch Seizure respectively, in full, without deducting therefrom the faid Cofts, Charges and Expences, or any Part thereof, and the Refidue of fuch Produce fhall be paid and applied to fuch Ufes and Purposes as His Majesty's Share of the Produce of fuch Seizures is by Law applicable unto. XIII. And be it further enacted, That in any Profecution carried on in His Majefty's Court of Exchequer at Westminster, or His Majefty's Court of Exchequer at Edinburgh, under or by virtue of any Order of the Commiffioners of Cuftoms or Excife in England or Scotland refpectively, it fhall be lawful for the faid refpective Commiffioners, or any Three or more of them refpectively, under the Direction of the Lords Commiffioners of the Treasury, if they in their Difcretion and Judgment fhall deem it expedient fo to do, to order the whole or any Part of the Cofts, Charges and Expences of M m 2 fuch Expences of of The King's ties. fuch Prosecution, (whether the Money which shall be recovered and paid either by way of Penalty or Compofition from the Defendant or Defendants shall be fufficient to answer fuch Cofts, Charges and Expences or not,) to be paid out of His Majefty's Share of the Penalties arifing by Cuftoms or Excife Prosecutions, and to allow the Officer or Officers concerned in fuch Profecution, or Person or Perfons through whom Information or by whose Means or Affiftance fuch Offences were defeated, any Sum or Sums of Money not exceeding a Moiety of the Sum or Sums of Money which shall be so recovered and paid as aforefaid; any Law, Cuftom or Usage to the contrary in any wife notwithstanding. any • XIV. And Whereas by an Act made in the Forty ninth Year of the Reign of His prefent Majefty, for (amongst other things) giving Jurifdiction to Juftices of the Peace to hear and determine • Profecutions for Penalties incurred by any Offence against the Laws relating to the Revenue of Cuftoms, it is provided and enacted, that nothing in that Act should extend or be conftrued to extend to empower the faid Juftices to examine into, hear or determine Profecution for any Penalties incurred by any Offence against that or any Act or Acts then in force, or thereafter to be made, relating to His Majefty's Revenue of Cuftoms, in any cafe wherein the fame should in the whole exceed the Sum of Fifty Pounds, unless they should be fo empowered by any other Act or Acts of • Parliament then in force, or thereafter to be made: And Whereas it is expedient to repeal the faid recited Provifion, and to give to His Majefty's Juftices of the Peace the fame Jurifdiction in respect of Forfeitures incurred under any Act or Acts now in force, or which shall hereafter be made relating to His Majefty's Revenue of Customs, as they now have by Law in refpect of any Forfeitures • incurred under any Act or Acts relating to His Majefty's Revenue of Excife;' Be it therefore enacted, That the said recited Provifion shall be and the fame is hereby repealed; and that from and after the paffing of this Act it fhall be lawful for any Two or more of His Majefty's Juftices of the Peace for any County, Riding, City, Divifion or Liberty, to examine into, hear and determine all Profecutions for the Condemnation of any Seizure made under or by virtue of any Act or Acts relating to His Majefty's Revenue of Customs; and the faid Juftices are hereby authorized and required, upon Information exhibited before them, for the Condemnation of any fuch Seizure or Seizures as aforefaid, to proceed thereon in the fame manner and with the like Powers and Authorities as are given to them by any Law or Laws of Excife now in force with respect to Forfeitures for the Breach of any Law or Laws of Excife; any thing in the faid recited Act, or in any other Act or Acts now in force to the contrary thereof notwithstanding. XV. And be it further enacted, That it fhall not be lawful for any Perfon or Persons whatsoever to commence, profecute, enter or file, or caufe or procure to be commenced, profecuted, entered or filed, any Action, Bill, Plaint or Information against any Person or Perfons for the Recovery of any Fine, Penalty or Forfeiture, Fines, Penalties or Forfeitures incurred under or by virtue of any A&t or Acts now in force, or which shall hereafter be made, relating to either of His Majefty's Revenues of Cuftoms or Excife, or to iffue or caufe to be iffued any Writ or Writs of Appraisement for the Con |