|
|
Power to enter and search for illicit stills and spirits.
|
140. [1]
(1.) If any officer or any officer of Customs makes oath that there is good cause to suspect that any still, vessel, utensil, spirits or materials for the manufacture of spirits is or are unlawfully kept or deposited in any house or place, and states the grounds of suspicion, any justice may, if he thinks fit, issue a warrant authorizing the officer and any person whom he calls to his assistance to search the house or place; and a like warrant may be issued by any two of the Commissioners in case the house or place is situate within the limits of the chief office of Inland Revenue.
|
|
| |
(2.) Any person so authorized may, either by day or by night, but at night only in the presence of an officer of the peace, break open and forcibly enter any such house or place, and seize any still, vessel, utensil, spirits, or materials for the manufacture of spirits found therein, and either detain the same or remove them to a place of safe custody.
|
|
| |
(3.) Every still, vessel, or utensil, and all spirits and materials so seized shall be absolutely forfeited, and the owner of any such still, vessel, or utensil, or the person in whose custody the same is found, shall for every place in which the same is found, and also for every such still, vessel, or utensil incur a fine of two hundred pounds.
|
|
| |
(4.) If any damage is done by such forcible entry, and the search is unsuccessful, the damage shall be made good.
|
|
| |
(5.) An officer may seize any such still, vessel, utensil, spirits, or materials without a warrant.
|
| |
[1 The expression officer in this section includes any officer of the peace, 61 & 62 Vict. c. 46. s. 14 (4).] |
