Smuggling Act, 1805

Penalty on Persons taking Horses for conveying seized Spirits, &c. without Owners Consent, 50l. to 20l.

IX. And be it further enacted, That if any Person or Persons shall take or use any Horse, Mare, or Gelding, belonging to any other Person or Persons, without his, her, or their Consent, for the Purpose of carrying or conveying any Foreign Brandy, Rum, Geneva, or Spirits, or any Tobacco or Snuff, subject to Forfeiture under this Act, or any other Act or Acts relating to the Revenue of Customs or Excise; every such Person so offending, and being thereof convicted before any One or more of His Majesty’s Justices of the Peace, who are hereby authorized to hear and determine the same, on the Oath of One or more credible Witness or Witnesses, which Oath every such Justice is hereby empowered to administer, shall for every such Offence forfeit a Sum not exceeding Fifty and not less than Twenty Pounds, to be recovered as any like Penalty may be recovered under any Act or Acts relating to the Revenue of Customs or Excise in the United Kingdom, and One Half of every such Penalty shall go and be applied to the Use of the Person or Persons informing of the same, and the other Half thereof to the Use of the Person or Persons to whom such Horse, Mare, or Gelding, shall belong: Provided always, that nothing herein contained, shall be construed to exempt any such Offender from any such Punishment, or any such Action as he would by Law have been liable to, for taking or using such Horse, Mare, or Gelding, in case such Penalty had not been imposed by this Act.