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16 & 17 Vic master shall forfeit the sum of £20 for every package or parcel British stat. of goods contained in such certificates and not on board.

c. 107.

1853. Officer may

and exam

ine any

coasting

ship.

158. Any officer of the customs may go on board any coastgo on board ing ship in any port or place in the United Kingdom, or at any period of her voyage, search such ship, and examine all goods on board, and all goods then landing or unlanding, and demand all documents which ought to be on board such ship, and the collector or comptroller may require that all or any such documents shall be brought to him for inspection, and the master of any ship refusing to produce such documents on demand, or to bring the same to the collector or controller when required, shall forfeit and pay the sum of £20.

Officers may

As to particular provisions relating to the Channel Islands and
British possessions abroad.

181. The officer of customs may go on board any ship in any board ships. port in any British possession in America, and rummage and search ships for prohibited goods, and if there be any goods on board prohibited to be imported into such possession they shall be forfeited.

Seized goods, if

for a month,

to be con

demned, and dealt

with ac

cordingly.

182. All vessels, boats, goods, and other things which shall unclaimed have been or shall hereafter be seized as forfeited in or near any of the British possessions abroad, under this or any act relating to the customs, shall be deemed and taken to be condemned, and may be dealt with in the manner directed by law in respect to vessels, boats, goods, and other things seized and condemned for breach of any such act, unless the person from whom such vessels, boats, goods, and other things shall have been seized, or the owner of them, or some person authorized by him, shall, within one month from the day of seizing the same, give notice in writing to the person or persons seizing the same, or to the chief officer of customs at the nearest port, that he claims the vessel, boat, goods, or other things, or intends to claim them.

Persons authorized to seize

under 5

Geo. IV. c.

benefit of

this act.

189. All persons authorized to make seizures under an act 5 Geo. IV. c. 113, entitled, An act to amend and consolidate the laws relating to the abolition of the slave trade, shall, in making 113, to have and prosecuting any such seizures, have the benefit of all the provisions granted to persons authorized to make seizures under Application this act; and all penalties and forfeitures created by the said of penalties, act, whether pecuniary or specific, shall (except in cases specially provided for by the said act) go and belong to such persons as are thereby authorized to make seizures, in such shares, and shall and may be sued for, and prosecuted, tried, recovered,

(a) See BOATS AND EQUIPMENTS-SMUGGLING. (Post.)

c. 107.

1853.

distributed, and applied, in such and the like manner, and by 16 & 17 Vic. the same ways and means, and subject to the same rules and British stat. directions, as any penalties and forfeitures incurred in Great Britain and in British possessions in America respectively now go and belong to, and may be sued, prosecuted, tried, recovered. and distributed respectively in Great Britain or in the said possessions, under and by virtue of this act.

16 and 17 VIC. c. 131.] An act to amend various laws relating to merchant seamen.

BRIT. [August 20th, 1853.]

16 & 17 VIC. c. 131. British stat.

1853.

Ships un

suming

character

may be

brought for

16 and 17 Vict. c. 131, sec. 33.] Whereas it is expedient to prevent the undue assumption of the British flag and national character, Be it enacted: That if any person or persons use the duly as British flag, and assume the British national character on board British any ship owned in whole or in part by any persons not being entitled by law to own British ships and navigate them under seized and British colours and papers, for the purpose of making such ship adjudicaappear to be a British ship, it shall be lawful for any officer on full pay in the naval service of her majesty, or any officer of customs, to seize and detain such ship on the high seas, or in any British port, and to bring her for adjudication before the high court of admiralty or any vice court of admiralty in her majesty's dominions.

tion.

lation is

ship may be

34. If it is made to appear to such court by competent If the simuevidence that such ship has been navigated under the British proved, the flag and British papers, though owned in whole or in part by condemned. any person or persons not entitled to own British ships contrary to the true intent and meaning of this act, the said court may pronounce the said ship to be confiscated to her majesty, her heirs and successors.

Island Act.

17 VIC. c. 2.] For the warehousing of goods imported into this 17 VIC. c. 2. island, and for the prevention of smuggling. (a)

ISLD. [December 1st, 1853.]

1850.

vessels, &c.,

17 Vic. c. 2, sec. 20.] All goods, and all ships, vessels, and Goods, boats, and all carriages, and all cattle liable to forfeiture, under liable to this, or any act, relating to customs, or to trade or navigation, may be shall and may be seized and secured by any officer of the customs, seized by

(a) These provisions are taken from similar clauses in the British Possessions

Act, 8 & 9 Vic. c. 93, now repealed by
the imperial act 16 & 17 Vic. c. 107.

forfeiture,

officers.

Island Act.

1853.

Obstructing

17.2 or navy, or by any person employed for that purpose, by or with the concurrence of the officers of her majesty's customs; and every person who shall in any way hinder, oppose, molest, or obstruct officers, pe any officer of the customs or navy, or any person so employed nalty £200. as aforesaid in the exercise of his office, or any person acting in his aid or assistance, shall, for every such offence forfeit the sum of £200.

Writs of assistance

22. Under the authority of a writ of assistance, granted to search for by the superior or supreme court of justice, or court of vice goods liable admiralty, having jurisdiction in the place (who are hereby to forfeiture. authorized and required to grant such writ of assistance upon

and seize

Goods seized to be lodged

custom

sold by auction.

application made to them for that purpose by the principal officers of her majesty's customs), It shall be lawful for any officer of the customs, taking with him a peace-officer, to enter any building, or other place, in the day-time, and to search for, and seize, and secure any goods liable to forfeiture under this or any act relating to the customs, or to trade or navigation, and, in case of necessity, to break open any doors, and any chests, or other packages for that purpose; and such writ of assistance, when issued, shall be deemed to be in force during the whole of of the reign in which the same shall have been granted, and for twelve months from the conclusion of such reign. (a)

24. All things which shall be seized as being liable to forat the next feiture under this or any act relating to the customs, or to trade house, and or navigation, shall be taken forthwith and delivered into the custody of the collector and controller of the customs at the customhouse next to the place where the same were seized, who shall secure the same by such means, and in such manner, as shall be provided and directed by the principal officers of her majesty's customs at the port of Kingston; and, after condemnation thereof, the collector and controller shall cause the same to be sold by public auction to the best bidder: Provided always, That it shall be lawful for the said principal officers at Kingston to direct in what manner the produce of such sale shall be applied, or, in lieu of such sale, to direct that any of such things shall be destroyed, or shall be reserved for the public service.

(a) Sec. 23. See ASSAULTS. (Post.)

V. SUBPOENAS AND WITNESSES.

Island Act.

13 Vic. c. 24.] As to persons charged with indictable offences. 13 Vic. c. 24. ISLD. [1st February, 1850.]

1850.

summon

attend and

evidence.

not obeyed,

warrant

issued.

13 Vic. c. 24, sec. 9.(a)] If it shall be made to appear to any Power to justices of the peace, by the oath or affirmation of any credible justices to person, that any person within the jurisdiction of such justice witnesses to is likely to give material evidence for the prosecution, and will give not voluntarily appear for the purpose of being examined as witness at the time and place appointed for the examination of the witnesses against the accused, such justice may and is hereby required to issue his summons (K) to such person under his hand requiring him to be and appear at a time and place mentioned in such summons, before the said justice or before such other justice or justices of the peace, for the same parish as shall then be there, to testify what he shall know concerning the charge made against such accused party; and if any person so summoned If summons shall neglect or refuse to appear at the time and place appointed by the said summons and no just excuse shall be offered for such may be neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person either personally or by leaving the same for him with some person at his last or most usual place of abode) it shall be lawful for the justice or justices before whom such person should have appeared, to issue a warrant (L. 1.) under his or their hands to bring and have such person, at a time and place to be therein mentioned, before the justice who issued the said summons, or before such other justice or justices of the peace for the same parish as shall then be there to testify as aforesaid; and which said warrant may if necessary be backed as hereinbefore is mentioned in order to its being executed out of the jurisdiction of the justice who shall have issued the same; or if such justice shall be satisfied by In certain evidence upon oath or affirmation that it is probable that such rant may be person will not attend to give evidence without being compelled issued in so to do, then instead of issuing such summons it shall be lawful stance. for him to issue his warrant (L. 2.) in the first instance, and which if necessary may be backed as aforesaid; and if on the Persons appearance of such person so summoned before the last mentioned appearing, justice or justices, either in obedience to the said summons, or upon being brought before him or them by virtue of the said may be warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for

(a) See TRIALS AND EVIDENCE. (Post.)

cases war

first in

and refusing

to be ex

amined,

committed.

Island Act.

1850.

13 VIC. c. 24. his refusal, any justice of the peace then present and having there jurisdiction may by warrant (L. 3.) under his hand commit the person so refusing to the common gaol or other prison for the parish or county where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding seven days, unless he shall in the mean time consent to be examined, and to answer concerning the premises.

K.

SUMMONS OF A WITNESS.

Schedule K. To E. F. of

labourer

Whereas information hath been laid before the undersigned (one) of her majesty's justices of the peace in and for the said (parish) of that A. B. (&c. as in the summons or warrant against the accused), and it hath been made to appear to me upon (oath) that you are likely to give material evidence for the prosecution.) These are therefore to require you to be, and to appear before me on

of

next at

the day o'clock in the forenoon at or before such other justice or justices of the peace for the same parish as may then be there to testify what you shall know concerning the said charge so made against the said A. B. as a aforesaid. Herein fail not. Given under my hand this

in the year of our Lord

in the parish aforesaid

day of

at

J. S.

L. 1.

WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS.

Sched. L. 1. To the constable of

the said (parish) of

and to all other peace officers in

Whereas information having been laid before the under-
signed, (one) of her majesty's justices of the peace in and for
the said (parish) of
that A. B. (&c. as in

the summons), and it having been made to appear to (me)
upon oath that E. F. of
(labourer) was
likely to give material evidence for the prosecution, I did duly
issue my summons to the said E. F. requiring him to be and
appear before me on

at

or before such other justice or justices of the peace for the same parish as might then be there, to testify what he should

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