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9G. 2. c. 35. §28. relating to Seizures of Spirits and Tea, repealed. Unlicensed Persons offering for Sale any Tea or Spirits, &c. without Permit, and Hawkers, &c. so offering for Sale Tea or Spirits, &c. though they have Permits, may be stopped, and taken before a Justice, and proceeded against as under 45G. 3. c. 121. §2. 47G. 3. ft. 2. c. 66. §35, &c.
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VII. ‘And whereas it is expedient that the Provision contained in an Act passed in the Ninth Year of the Reign of His late Majesty King George the Second, in relation to the feizing Spirits and Tea offered for Sale by Persons not having Permit, and Hawkers and Pedlars and Persons going from House to House, should be repealed, and more effectual Provision made in relation thereto;’ be it therefore further enacted, That the said Provision in the said Act contained shall be and the same is hereby repealed: And from and after the passing of this Act, if any Person shall offer for Sale any Tea, Brandy, Rum, Geneva, or other Foreign Spirits, or any Tobacco or Snuff, not being licensed to deal therein, and not having a Permit for the same, or if any Hawker, Pedlar, Petty Chapman, or other trading Person or Persons going from Town to Town, or to other Men’s Houses, and trading either on Foot or with any Horse or Horses or other Cattle, or otherwise, within the Kingdom of Great Britain, shall offer for Sale any Tea, Brandy, Rum, Geneva, or other Spirits, or any Tobacco or Snuff, although he shall have a Permit for the same, it shall be lawful for the Person or Persons to whom the same shall be so offered for Sale to stop, arrest, and detain the Person so offering the same for Sale, and to seize all such Tea, Brandy, Rum, Geneva, or other Spirits, Tobacco and Snuff, and carry the same to the next Warehouse, belonging to the Customs or Excise, and to carry the Person so offering the same for Sale before any One of His Majesty’s Justices of the Peace, who may thereupon require such Person to enter into Recognizance, in Manner directed by the said Act of the Forty-fifth Year of the Reign of His present Majesty, and such Person shall thereupon be subject to all the Provisions in the said Act contained, in relation to Recognizances taken from Persons seized as Smugglers, and (if the Offender shall be a Subject of His Majesty and a Seaman or Seafaring Man, and capable of serving in His Majesty’s Navy) may send such Person to the Custody of some Officer of the Impress Service, by him to be dealt with according to the said recited Act of the last Session of Parliament, or otherwise to be by such Justice committed to Prison, and prosecuted for the Penalties and Forfeitures incurred for such Offence, and such Tea, Brandy, Rum, Geneva, and other Spirits, Tobacco and Snuff, may be prosecuted in the Name of the Person or Persons who so stopped and seized the same, in like Manner as if the said Goods had been seized by an Officer of the Customs or Excise, and after Condemnation of the Goods or Commitment of the Offender, the Person or Persons having seized such Goods, and detained such Person so offering the same for Sale, shall be entitled to Five Pounds, if one Moiety of the Value at which such Goods shall be estimated and fixed as in the said recited Act of the last Session of Parliament mentioned, shall not exceed such Sum of Five Pounds; and if a Moiety of such Value shall exceed Five Pounds, then a Moiety of such Value, which the Commissioners of the Customs and Excise respectively are to cause to be paid in like Manner as Rewards are paid under the said recited Act of the last Session of Parliament; and such Person or Persons so arresting any such Offender shall also be entitled to such further Rewards as by any Law now in force are given to any Officer or Non-commissioned Officer of His Majesty’s Army, Navy, or Marines, for stopping, arresting, and detaining any Offender against any Act or Acts of Parliament passed for the Prevention of Smuggling.
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