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WILLIAM PACA, Esq; Governor.
deputy, or any other person discovering or suing for the same; and every
merchant,
owner or importer, factor or agent, who shall be guilty of smuggling any
dutiable
articles contrary to law, shall, upon the oath of one or more credible
witnesses, forfeit
and pay, for every such offence, one hundred pounds current money; and
if
any merchant, owner or importer, factor or agent, shall knowingly render
a false
account of any such dutiable articles, he shall forfeit and pay one hundred
pounds
current money, and shall suffer as in case of wilful and corrupt perjury. |
1784.
CHAP.
LXXXIV. |
VI. And be it
enacted, That any naval officer of this state, or his deputy,
shall have full power and authority to go on board, and enter upon, any
ship or
vessel within this state, and the same to examine and search, and from
thence to
take and send on shore any goods, wares or merchandise, liable to duty
by law,
if such duty be not paid, or secured to be paid, as aforesaid, within ten
days after
the arrival or entry of such ship or vessel, and such goods, wares or merchandise,
taken or sent on shore, to detain and secure until due payment of such
duties be
made, and if such payment be not made nor security given within two days
from
the time of such seizure, the naval officer is hereby empowered to sell
the same
at auction, or so much thereof as will be sufficient to pay the duties,
and ten per
centum thereon for charges of such seizure and sale; provided that
notice shall be
given of such sale, at the least two weeks in the public news-papers at
or nearest
the port or place where the same shall happen; and the said naval officer
or his
deputy is hereby authorised to be and remain on board any ship or vessel,
until
all dutiable articles imported therein shall be unladen and discharged;
and if any
master or commander of any ship or vessel shall refuse or prevent any naval
officer,
or his deputy, from entering on board his ship or vessel, or shall offer
any violence
to him, or either of them, or suffer the same to be done on board his ship
or vessel by any of her crew, he shall forfeit and pay one hundred pounds
current
money; and if any person shall, with clubs or other weapon, forcibly resist,
beat, wound, prevent or impede, any naval officer, or his deputy, in the
execution of his duty, or shall attempt to rescue any ship or other vessel,
or any
goods, wares or merchandise, seized according to law, every such person
shall
forfeit and pay not exceeding six months, for every such offence, at the
discretion of
the judges of the general court, or justices of the county court, where
the offence
shall be tried; and if any naval officer or his deputy shall, directly
or indirectly,
take or receive any bribe, recompence or reward, or shall connive at or
collude with any person making a false entry of any goods, wares or
merchandise,
the naval officer or his deputy, so offending, shall forfeit and pay
one hundred
pounds current money, and be for ever after disabled in his office, and
rendered
incapable of holding any office or employment relating to the duties or
customs within this state; and the person giving or offering any such bribe,
recompence
or reward, shall forfeit and pay one hundred pounds current money. |
Naval officers
may enter
vessels, &c. |
VII. And be
it enacted, That it shall and may be lawful to and for any naval
officer, or his deputy, by warrant, under the hand of a justice of the
peace
(which warrant shall not be granted but upon information made upon oath
or
affirmation before the said justice), accompanied with a constable, to
break open,
in the day-time, any house, warehouse, storehouse or cellar, to search
for, seize,
and carry away, any goods, wares or merchandise, subject to duty by law,
and
for which the said duty shall not have been paid, or secured to be paid,
as aforesaid;
and if any naval officer, or his deputy, or constable, shall be sued or
molested
for any thing done in execution of the powers by this act given, such naval
officer, deputy or constable, may plead the general issue, and give this
act in evidence;
and if in such suit the plaintiff be nonsuit, or judgment pass against
him,
the defendant shall recover double costs; and in all actions, suits or
informations,
to be brought, or where any seizure shall be made pursuant to this act,
if the
property thereof be claimed by any person as owner thereof, in every such
case
the cuus probandi shall be upon such owner or claimer; and if any
person shall,
with clubs or other weapons, forcibly hinder, beat, wound, or in anywise
oppose,
impede or prevent, the said naval officer, or his deputy, or constable,
in the execution
of any such warrant granted as aforesaid, or shall offer any violence
to any |
Break open
houses, &c. |
T t t t t
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