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SMUGGLING ACT 1807
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C A P. LXVI.
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An Act to make more effectual Provision for the Prevention of Smuggling. [13th August 1807.]
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British Luggers above Fifty Tons shall be forfeited.
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‘Whereas it is expedient to make further Regulations for the more effectual Prevention of Smuggling and of the illegal Importation of Goods, Wares, and Merchandize;’ be it therefore enacted, by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, every Vessel belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, exceeding the Burthen of Fifty Tons by Admeasurement, which shall be rigged or fitted as a Lugger, shall, together with her Guns, Furniture, Ammunition, Tackle, and Apparel, be forfeited, and shall and may be seized by any Officer of His Majesty’s Army or Navy or Marines, or of Customs or Excise.
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Owners of Vessels under Fifty Tons shall take out Licence within Two Months after passing the Act.
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II. Provided always, and be it further enacted, That the Owner or Owners of every Vessel or Boat, rigged and fitted at the Time of the passing of this Act, not exceeding the Burthen of Fifty Tons by Admeasurement, who shall be desirous of navigating such Ship or Vessel, for the Purpose of fishing or carrying on lawful Trade, or as a Packet, or for any other lawful Purpose, shall take out a Licence from the Commissioners of the Customs in England, Scotland, or Ireland, or any Three or more of them, within Two Months after the passing of this Act; and during such Period of Two Months from the passing of this Act, no such Vessel or Boat shall be liable to Seizure or Forfeiture, under the Provisions of this Act, for want of such Licence.
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Boats with more than Six Oars forfeited (if in Ports, &c. or within 100 Leagues).
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III. And be it further enacted, That in case any Boat belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, being rowed with or constructed to row with more than Six Oars, shall be found within the Limits of any Port in the United Kingdom, or in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland, every such Boat, with all her Furniture, Tackle, and Apparel, shall be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise.
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Not to extend to Whale Boats, River Boats, &c.
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IV. Provided always, and be it further enacted, That nothing in this Act contained, as to the Number of Oars of any Boat, shall extend or be construed to extend to any Boat employed in the Whale Fisheries, nor to any Boat belonging to any Merchant Ship or Vessel, exceeding the Burthen of Two hundred and fifty Tons, nor to any Life Boat, nor to any Boat employed solely in Rivers or Inland Navigations.
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Vessels shall be navigated by a certain Number of Men proportioned to their Tonnage.
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V. And be it further enacted, That no Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, and not being a Lugger, and at the Time fitted and rigged as such, shall have on board or be navigated by a greater Number of Men (Officers and Boys included) than in the following Proportion to the Number of Tons of her Measurement, (that is to say), if of Thirty Tons or under and above Five Tons, Four Men; if of Sixty Tons or under and above Thirty Tons, Five Men; if of Eighty Tons or under and above Sixty Tons, Six Men; if of One hundred Tons or under and above Eighty Tons, Seven Men; and above that Tonnage One Man for every Fifteen Tons of such additional Tonnage; or if a Lugger, the following Proportions, (that is to say), if of Thirty Tons or under, Eight Men; if of Fifty Tons or under and above Thirty Tons, Nine Men; and in case any such Ship, Vessel, or Boat, shall be found or discovered to have been within the Limits or Distance aforesaid, having on board any greater Number of Men than in the Proportions before limited and set forth, every such Ship, Vessel, or Boat, and all her Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise.
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Exception as to Passengers, Persons taken on board from Distress, &c.
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VI. Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be construed to extend, to forfeit any Ship, Vessel, or Boat, by reason of any Man or Men exceeding any such Proportion as aforesaid, being on board of any such Ship, Vessel, or Boat, whether such Ship, Vessel, or Boat, shall be a regular and established Packet or Passage Vessel or not, who shall bonâ fide be a Passenger or Passengers only on board of such Ship, Vessel, or Boat, or who shall have been taken on board at Sea under any Circumstances of Distress, or unavoidable Necessity, Proof of such Persons being Passengers only, or of such Circumstances being given, to the Satisfaction of the Commissioners of His Majesty’s Customs in England, Scotland and Ireland, respectively, if required by them, or to the Satisfaction of the Commissioners of Excise in England, Scotland, or Ireland, on Seizures made by the Officers of Excise, or brought to any Warehouse belonging to the Excise.
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Exceptions as to Ships of War, Revenue Boats, Fishing Vessels, Licensed Boats, &c.
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VII. Provided also, and be it further enacted, That nothing herein-before contained, in relation to the Number of Oars with which any Boat may be rowed, or constructed to row, or to the Proportions of Men to be allowed to any such Ships, Vessels, or Boats, shall extend or be construed to extend to any Ship, Vessel, or Boat, belonging to His Majesty, or in the Service of Government, or in the Employment of the Customs or Excise, nor to any Ship or Vessel having a Letter or Letters of Marque from the Commissioners of the Admiralty, for the Time being, or to forfeit any Ship, Vessel, or Boat, bonâ fide employed in Net Fishing, by reason of any Excess of Number of Men above such Proportions, on board of any such Fishing Ship, Vessel, or Boat, when bonâ fide and at the Time employed wholly in Fishery, or to any Vessel or Boat licensed by the Commissioners of Customs in England, Scotland, or Ireland, respectively, to use more than Six Oars, or to carry any greater Number of Men than the Proportion allowed by this Act.
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British Vessels, having on board small Cordage, Casks, or Implements, or Materials, &c. for smuggling, forfeited.
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VIII. And be it further enacted, That if any Ship, Vessel, or Boat, of whatever Size, Draught of Water, or Description, the same be, belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One-half of the Persons on board shall be Subjects of His Majesty, shall be found or discovered to have been within the Limits or Distance aforesaid, having on board, or having had on board, during the Voyage, any small Cordage, adapted and prepared for slinging small Casks, or having on board, or having had on board, during the Voyage, any more Ankers, Half Ankers, or other small Casks under Sixty Gallons, or any Tin or other Cases, or Bladders of less Content than Sixty Gallons, (and capable of containing Liquids) of the Sort or Description used, or intended to be used, or fit or adapted for the smuggling of Spirits, than shall be really necessary for the Use of the said Vessel, or any Materials for the forming, making, or constructing, of any such Ankers, Half Ankers, or other small Casks, or Cases or Bladders, or having on board, or having had on board, during the Voyage, any Syphon, Tube, Hose, or Implements whatever, for broaching or drawing any Fluid, more than is usual and necessary to have on board for the fair and ordinary Purposes of Use in the Voyage, and not being a Part of the Cargo, and included as such in the regular official Documents, or having on board, or having had on board, during the Voyage, any Articles, Implements, or Materials, adapted and prepared for the re-packing any Tobacco or Snuff which may be on board, or have been on board, during the Time, every such Ship, Vessel, or Boat, and all her Guns, Furniture, Ammunition, Tackle, and Apparel, together with the said Implements, Ankers, Casks, Cases, an Materials, shall be forfeited, and shall and may be Seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise.
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Vessels and Boats discovered within 8 Leagues or 4 Leagues, having on board, or having had illegal Cordage, Casks, &c. forfeited.
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IX. And be it further enacted, That if any Ship, Vessel, or Boat whatever, shall be found or discovered to have been hovering, or within the Limits or Distances of Four or Eight Leagues of such Parts of the Coasts of Great Britain or Ireland respectively, as are in any Act or Acts of Parliament, passed for the Prevention of Smuggling, described and specified as to such respective Distances of Four and Eight Leagues, having on board, or having had on board during the Voyage, any small Cordage adapted and prepared for slinging small Casks; or having on board, or having had on board, during the Voyage, any more Ankers, Half Ankers, or other small Casks under Sixty Gallons, or any Tin or other Cases, or Bladders, of less Content than Sixty Gallons, (and capable of containing Liquids) of the Sort or Description used, or intended to be used, or fit or adapted for the Smuggling of Spirits, than shall be really necessary for the Use of the said Vessel; or any Materials for the forming, making, or constructing of any such Ankers, Half Ankers, or other small Casks, or Cases or Bladders as aforesaid, or having on board, or having had on board, during the Voyage, any Syphon, Tube, Hose, or Implements, whatsoever, for broaching or drawing any Fluid, more than is usual and necessary to have on board for the fair and ordinary Purposes of Use in the Voyage, and not being a Part of the Cargo, and included as such in the regular official Documents; or having on board, or having had on board, during the Voyage, any Articles, Implements, or Materials, adapted and prepared for the re-packing any Tobacco or Snuff which may be on board, or have been on board, during the Time; or is any Boat rowed with, or constructed for rowing, with more than Six Oars, shall be found, or discovered to have been hovering, or within such respective Limits or Distances of Four or Eight Leagues as aforesaid, every such Ship, Vessel, or Boat, and all her Guns, Furniture, Ammunition, Tackle, and Apparel, together with the said Implements, Ankers, Casks, and Materials, shall be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise.
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If Tobacco or Snuff is found on board any British Vessel, within 100 Leagues, separated or divided in any Manner within the legal Package, or having any other Article introduced therein, the same shall be forfeited with the Ship, &c.
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X. And be it further enacted, That in case any Tobacco or Snuff shall be found on board any Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, which shall be found or discovered to have been within the Limits of any Port or Harbour of the United Kingdom, or in any Port or Harbour of the United Kingdom, or in any Part of the British or Irish Channels, or elsewhere, in the High Seas, within One hundred Leagues of the Coasts of Great Britain or Ireland, (except for the Use of the Seamen then belonging to and on board such Ship or Vessel, not exceeding the Quantity now allowed by Law for the Use of such Seamen) which, although contained in a Package or Packages of legal Size and Dimensions, shall nevertheless be separated or divided within the Package or Packages into smaller Packages, either by Cords or Strings, or any other Article or Thing introduced into the Package, or in any Manner whatever; or if any other Goods, or any Article whatever, shall be found in any Package of Tobacco, all such Tobacco or Snuff, with the Package, and every Article contained therein, and also the Ship, Vessel, or Boat, with the Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited, and shall and maybe seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise.
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British Vessels clearing out from Guernsey, &c. with Spirits, Snuff, Teas, Wine, or Salt, shall not break Bulk or alter Cargo during the Voyage unless through Distress, &c.
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XI. ‘And Whereas it is expedient to prevent Frauds which may be committed by Ships trading from the Islands of Jersey, Guernsey, Alderney, and Sark, to the Prejudice of His Majesty’s Revenue, and the Trade and Commerce of the United Kingdom of Great Britain and Ireland;’ be it therefore enacted, That if after the Departure from the said Islands respectively, of any Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board are Subjects of His Majesty, having on board any Spirits, Tobacco, Snuff, Tea, Wine, or Salt, Bulk shall be broken, or any Part of the Cargo shall be unladen or unshipped from or out of such Ship, Vessel, or Boat, or any Alteration shall be made in the Form, Size, Description, or Number of the Packages so taken on board, or in the Quantity or Quality, or Mode of Package of the Goods contained therein, at any Time while such Ship, Vessel, or Boat, shall be in the Prosecution of the Voyage towards Great Britain or Ireland, or any other Port or Place whatever for which such Ship, Vessel, or Boat, shall have cleared out from the said Islands, every such Ship, Vessel, or Boat, with her Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited, and shall and may be seized by any Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise: Provided always, that no Forfeiture shall be incurred on account of the breaking Bulk, or unshipping or unlading the Cargo, or any Part thereof as aforesaid, if the same was done through unavoidable Necessity or Distress; nor shall any Forfeiture be incurred on account of any such Alteration in the Cargo of such Ship, Vessel, or Boat, if the same was occasioned by inevitable Cause or Accident, or became necessary for the Security or Preservation of such Ship, Vessel, or Boat; such Necessity, Distress, Cause, or Accident, to be proved to the Satisfaction of the Commissioners of His Majesty’s Customs or Excite in England, Scotland, or Ireland respectively.
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No Vessel shall fail from Guernsey, &c. without Clearance, whether in Ballast or with Cargo; and if found light afterwards, before Delivery at Port of Clearance, may be seized.
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XII. And be it further enacted, That no Ship or Vessel shall, from and after the Expiration of One Month after the passing of this Act, fail or depart from any or either of the Islands of Guernsey, Jersey, or Alderney, without having a Clearance, whether such Ship or Vessel shall fail in Ballast or have a Cargo on board; and if any such Ship or Vessel shall have a Cargo on board, then the Master or other Person having or taking the Charge or Command of such Ship or Vessel, shall give Bond to His Majesty, His Heirs and Successors, which Bond every such Officer is hereby authorized and required to take in Double the Value of such Ship or Vessel, and of the Cargo on board, for the due landing thereof at the Port for which such Ship or Vessel shall have cleared; and every Ship or Vessel which shall not have such Clearance, or having any such Clearance for any Cargo, shall be found light, or with any Part of such Cargo discharged before the Delivery thereof, according to such Clearance, at the Port specified therein, or within the United Kingdom, or at some foreign Port, if cleared from a foreign Port, unless through any unavoidable Necessity or Distress, or for the Security or Preservation of the Ship or Vessel, to be proved to the Satisfaction of the Commissioners of His Majesty’s Customs or Excise in England, Scotland, or Ireland respectively, shall be forfeited, and shall and may be seized by any Officer of the Army, Navy, or Marines, or of the Customs or Excise.
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Vessels shall not clear out from Guernsey, &c. with greater than allowed Proportion of Men, or with empty Casks on Materials for Smuggling.
Penalty, Forfeiture of the Ship, &c.
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XIII. And be it further enacted, That if any Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty Subjects, or whereof One Half of the Persons on board are Subjects of His Majesty, shall fail or depart from any or either of the Islands of Guernsey, Jersey, Alderney, or Sark, with any greater Number of Persons on board than is allowed under this Act to be on board any Ship, Vessel, or Boat, of like Size and Description, or if any Ship, Vessel, or Boat whatever, shall fail or depart from any or either of the Islands of Guernsey, Jersey, Alderney, or Sark, having on board, or which shall take or have taken on board, during the Voyage, any small Cordage adapted and prepared for slinging small Casks, or any Ankers, Half Ankers, or other small Casks under Sixty Gallons, or any Tin or other Cases or Bladders of less Content than Sixty Gallons, and capable of containing Liquids of the Sort or Description used, or intended to be used, or fit or adapted for the smuggling of Spirits, than shall be really necessary for the Use of such Vessel, or any Materials for the forming, making, or constructing of any such Ankers, Half Ankers, or small Casks, Cases, Boxes, or Bladders as aforesaid, or having on board, or which shall take or have taken on board, during the Voyage, any Syphon, Tube, Hose, or Implements whatever, for broaching or drawing off any Fluid, more than is usual and necessary to have on board for the fair and ordinary Purposes of the Voyage, or having on board, or which shall take or have taken, during the Voyage, any Articles, Implements, or Materials; adapted and prepared for the re-packing any Tobacco or Snuff which may be on board, or have been on board any such Ship, Vessel, or Boat during the Voyage, every such Ship, Vessel, or Boat, as aforesaid, shall, together with her Guns, Furniture, Ammunition, Tackle and Apparel, be forfeited, and shall and may be seized by any Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise.
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British Vessels laden with Spirits, &c. in Foreign Ports, without Licence shall be forfeited, if seized within Six Months.
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XIV. And be it further enacted, That every Ship or Vessel belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, which shall, after the passing of this Act, have been laden with or shall have taken on board any Spirits, Tobacco, or Snuff, or Tea, in any foreign Port belonging to any State or Power at War with His Majesty, or shall have received or taken any such Articles on board from any Ship, Vessel, or Boat coming out of or from any such Port in any greater Quantity than shall be necessary for the Use of the Men on board of such Ship or Vessel for the Voyage, without a Special Licence from His Majesty’s Privy Council, or from the Lords Commissioners of the Admiralty, or from One of His Majesty’s Secretaries of State, shall be forfeited and shall and may be seized by any Officer of His Majesty’s Army or Navy or Marines, or Customs or Excise: Provided always, that no such Seizure shall be made after the Expiration of Six Months from the Time of such Ship or Vessel having so laden or taken on board such Spirits, Tobacco, Snuff, or Tea, as aforesaid.
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All Protections of Men found on board of Vessels liable to Seizure to be forfeited; Men shall be impressed, and shall serve, &c. as under 45 G. 3. c. 123. § 7.
Commissioners of Customs &c. shall reward Persons taking such Men.
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XV. And be it further enacted, That no Person found on board of any Ship, Vessel, or Boat, liable to Seizure under this Act, or any Act or Acts of Parliament passed for the Prevention of Smuggling, shall be entitled to claim the Benefit of any Protection which may have been granted to secure such Person from being impressed into His Majesty’s Service, or to which he may be entitled under any Act or Acts of Parliament, or any Law or Laws, or in respect of any such Vessel having Letters of Marque; but every such Protection of every Person so found as aforesaid, shall be absolutely null and void; and also, it shall be lawful for any Officer of the Army, Navy, or Marines, or of the Customs or Excise, to detain or to take and carry any such Person, and every Person liable to be arrested and detained under this Act, or an Act passed in the Forty-fifth Year of the Reign of His present Majesty, intituled, An Act for the more effectual Prevention of Smuggling, being a Seaman or Seafaring Man, to any Ship or Vessel of War in His Majesty’s Service, or to the Custody of any Officer employed in His Majesty’s Imprest Service; and any such Person being such Seaman or seafaring Man as aforesaid, may thereupon, if fit and able to serve His Majesty, be impressed into His Majesty’s Naval Service; and no Person so impressed shall, unless he shall be disabled or become unfit for Service, be discharged from His Majesty’s Service during the Period of Five Years, nor after the Termination of such Five Years, until the Conclusion of any War in which His Majesty may be then engaged; and all the Provisions and Penalties in the said recited Act of the Forty-fifth Year aforesaid, contained, as to discharging any Man entering into His Majesty’s Service under the said Act, shall extend to Men so impressed under this Act; and no Person so impressed shall forfeit any such Penalty of Treble Value, or One hundred Pounds, as in the said Act mentioned, unless he shall desert His Majesty’s Service, or quit the same without being duly discharged, any Thing in the said Act of the Forty-fifth Year, or in any Act or Acts of Parliament to the contrary notwithstanding; and it shall be lawful for the Commissioners of Customs or Excise of England, Scotland, and Ireland respectively, and they are hereby required, upon Proof made to their Satisfaction, that any such Men have been so impressed and detained in or delivered over to His Majesty’s Naval Service, and also of the Ship, Vessel, or Boat, in which they shall be found, being liable to Seizure, or of such Person being liable to be detained as aforesaid, to award to the Person so detaining and delivering over any such Man or Men, any Sum not exceeding Twenty Pounds for each Man so detained or delivered over.
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Powers of Seizure by Officers of Army extended to Militia, &c. [Sec. 45 G. 3. c. 121. § 16.]
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XVI. And be it further declared and enacted, That all the Powers, Provisions, and Authorities in this Act or in any other Act or Acts contained, in relation to the making of any Seizures by any Officer or Officers of His Majesty’s Army; or to the arresting or detaining any Man liable to be arrested or detained under any Act or Acts of Parliament passed for the Prevention of Smuggling, shall extend and be construed to extend to all Officers of the Militia while embodied, or of the Volunteers, or any other of His Majesty’s Military Forces while on Service, and subject to the Provisions of any Act in force for the Punishment of Mutiny and Desertion.
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All Provisions, &c. regarding Vessels, &c. found within 4 or 8 Leagues extended to Vessels within 100 Leagues, if of the Description in this Act.
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XVII. And be it further enacted, That every Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, and being or falling within the Provisions of or Description contained in any Act or Acts of Parliament in force on and immediately before the passing of this Act, and which would, under and by virtue of those Provisions, or any or either of them, or any such Act, be liable to Forfeiture for hovering, or being found and discovered to have been within Four or Eight Leagues of such Part of the Coasts of Great Britain or Ireland respectively, as are in any such Act or Acts of Parliament described, and specified as to such respective Distances of Four and Eight Leagues, shall, together with all the Goods laden on board, and the Guns, Ammunition, Tackle, and Apparel, be subject and liable to Forfeiture, if found in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland, under any of the Circumstances specified, described, or mentioned in any such Act or Acts as aforesaid; and all the Clauses, Provisions, Powers, Authorities, Forfeitures, Penalties, Restrictions, Exemptions, Matters, and Things contained in any Act or Acts of Parliament relating to any such Ship, Vessel or Boat hovering or found or discovered to have been within such Four or Eight Leagues respectively of the Coast of Great Britain or Ireland and also relating to any Goods laden on board any such Ship, Vessel, or Boat, and the Guns, Furniture, Ammunition, Tackle, and Apparel thereof, shall be and the same is and are hereby declared severally and respectively to extend to, and shall apply and be in full force, and be applied and put in Execution as to every such Ship, Vessel, or Boat, which shall be found as aforesaid in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland; and also to all Goods laden on board any such Ship, Vessel, or Boat, and the Guns, Furniture, Ammunition, Tackle, and Apparel thereof, in as full and ample a Manner, to all Intents and Purposes, as if the said several Clauses, Provisions, Powers, Authorities, Forfeitures, Penalties, Restrictions, Exemptions, Matters, and Things relating thereto, were particularly and expressly repeated and re-enacted in the Body of this Act.
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Commissioners of Customs and Excise in England and Scotland authorized to reward Officers seizing Vessels or Boats, liable to be broken up, and not used in His Majesty’s Service, or as Privateers, with certain Sums, according to their Tonnage.
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XVIII. And be it further enacted, That from and after the passing of this Act, the Commissioners of His Majesty’s Customs or Excise in England and Scotland respectively for the Time being, shall and they are hereby authorized and empowered respectively, out of any Monies in their Hands arising from Seizures or Duties under their Management, to reward any Officer or Officers of the Customs or Excise, or of the Army, Navy, or Marines, who shall seize any Vessel or Boat, which by Law shall he liable to be broken up after Condemnation, and which shall not be used in His Majesty’s Service, or fold to be employed or used as a Privateer, in the Manner herein-after mentioned; (that is to say) to such Officer or Officers, for all such Vessels or Boats as shall exceed Four Tons by Admeasurement, which shall be seized and condemned, an Allowance of Thirty Shillings per Ton, according to the legal Admeasurement thereof; and for all such Boats which shall not exceed Four Tons by Admeasurement; and which shall be seized and condemned, an Allowance of Forty Shillings per Ton; and for all Ships, Vessels, and Boats, which, on Account of their Built, Construction, Denomination, or Description, are liable to Forfeiture by any Act or Acts of Parliament in force, or hereafter to be made, and which shall be liable to be broken up, and which said Ships, Vessels, and Boats, at the Time of the Seizure thereof, shall be found in Ballast or light, an Allowance of Twenty Shillings per Ton, to be paid upon the Condemnation of such Ships, Vessels, and Boats, according to the legal Admeasurement thereof; and all such Allowances shall be in Addition to all other Allowances, Sums of Money, or Rewards, to which any such Officers or Persons may be entitled in respect of any such Vessel or Boat.
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Increase of Rewards to Officers on penal Prosecutions.
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XIX. ‘And Whereas it is expedient to increase certain Rewards now allowed by Law to the Officers by whom Prosecutions, although legally commenced in the Name of His Majesty’s Attorney General; may be carried on;’ be it therefore enacted, That instead of the Rewards in those Respects now allowed by Law, in all such Prosecutions, when the same shall be carried on wholly at the Charge of the Crown, the Officer or Officers concerned therein shall be allowed One-fourth Part of the Sum or Sums of Money which shall be recovered and paid, either by way of Penalty or Composition, from the Defendant or Defendants; and in all such Prosecutions, when the same shall be carried on wholly at the Charge of the Crown, except the Charge of arresting or taking the Defendant or Defendants into Custody upon the Sheriffs Warrant, the Officer or Officers concerned therein shall be allowed a Moiety of the Sum or Sums of Money which shall be recovered and paid as aforesaid; and in all such Prosecutions when the same shall be carried on wholly at the Charge of the Officer or Officers concerned therein, such Officer or Officers shall be allowed Two-thirds of the Sum or Sums of Money which shall be recovered and paid as aforesaid; any Law, Custom, or Usage to the contrary in anywise notwithstanding: Provided always that nothing herein contained shall extend or be deemed or construed to extend to alter, vary, or repeal any Act or Acts of Parliament now in force, by which any greater Rewards are allowed to the Officers of His Majesty’s Customs upon Penal Prosecutions, than those allowed by this Act: Provided also, that no such Officer or Officers shall be at Liberty to commence or carry on any Prosecution, Suit, Information, or Action so the Recovery of any Penalty, or any Share thereof as aforesaid, in any Case, without the Permission and Direction of the Commissioners of His Majesty’s Customs in England, or any Four of them, or the Commissioners of His Majesty’s Customs in Scotland or any Three of them respectively.
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For regulating Rewards of Officers making Seizures of Spirits, Tobacco, and Snuff. [See 45 G. 3. c. 121. § 15.]
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XX. ‘And Whereas by an Act passed in the Forty-fifth Year of His present Majesty, intituled, An Act for the more effectual Prevention of Smuggling, certain Rewards are granted to Officers of the Revenue and others making Seizures of Spirits, Tobacco, or Snuff: And Whereas it is expedient to alter the said Rewards, and to proportion the same in some Degree to the Activity and Zeal of the Officers, and the Danger and Risque incurred in making such Seizures:’ be it therefore enacted, That in lieu and instead of the Rewards by the said Act granted, the Rewards herein-after mentioned shall be paid and allowed for and in respect of all Seizures of Spirits, Tobacco, and Snuff, which shall be made from and after the passing of this Act; that is to say, in the Case of Seizures of Spirits, Tobacco, or Snuff, made at Sea, or in any Port or Harbour, if the Officer of Customs or Excise, or other Persons making such Seizures, shall also arrest, stop, and detain the Persons or some or One of them, who shall be or shall have been employed in navigating the Ship, Vessel, or Boat, in or on board which such Spirits, Tobacco, or Snuff shall be or shall have been brought, found, or seized, or in unlading, removing, or carrying away such Spirits, Tobacco, or Snuff, and shall take or convey or cause every Person so arrested, stopped, or detained, to be taken or conveyed before One or more of His Majesty’s Justices of the Peace, to be dealt with according to Law, then and in such Case such Officer of the Customs or Excise, or other Person so making Seizure of Spirits, Tobacco, or Snuff, shall be entitled to and shall be paid One Moiety of the Value at which such Spirits, Tobacco, or Snuff shall be or shall have been respectively estimated or fixed, by the Lords Commissioners of His Majesty’s Treasury, or any Three of them, in pursuance of the Powers vested in them by the said Act; and in the Case of such Seizures of Spirits, Tobacco, or Snuff, made on Shore, if the Officer of the Customs or Excise or other Person making the same, shall also stop, arrest, and detain the Persons or some or One of them from whom the same shall be seized, and shall take or carry or cause every Person so arrested, stopped, or detained, to be taken or carried before One or more of His Majesty’s Justices of the Peace, to be dealt with according to Law, then and in such Case such Officer of the Customs or Excise or other Person so making Seizure of Spirits, Tobacco, or Snuff, shall be entitled to and shall be paid One Moiety of the full Value at which such Spirits, Tobacco, or Snuff, shall be or shall have been so estimated or fixed as aforesaid; and in the Case of Seizure of Spirits, Tobacco, or Snuff, whether on Sea or on Shore, if the Officer of the Customs or Excise, or other Person making the same, shall also seize and prosecute, or cause to be prosecuted, the Ship, Vessel, or Boat, on board of which such Spirits, Tobacco, or Snuff, shall be or shall have been brought, found, or seized, or the Cattle or Carriages used or employed in moving or conveying the same, but shall not also stop, arrest, and detain the Persons or some or One of them who shall be or shall have been employed in navigating the Ship, Vessel, or Boat, in or on board which such Spirits, Tobacco, or Snuff shall be or shall have been brought, found, or seized, or in unlading, removing, or carrying away such Spirits, Tobacco, or Snuff, or the Persons, or some or One of them from whom the same shall be seized and taken, or carry or cause all and every such Persons so stopped, detained or arrested, to be taken or carried before One or more of His Majesty’s Justices of the Peace, to be dealt with according to Law, then and in such Case the Officer of the Customs or Excise, or other Person making such Seizure, shall be entitled to and shall be paid only One-third Part of the Value at which such Spirits, Tobacco, and Snuff shall be so estimated or fixed as aforesaid; and in case any Officer of Customs or Excise, or other Person, shall make Seizure of any Spirits, Tobacco, or Snuff, and shall neither seize and prosecute or cause to be prosecuted the Ship, Vessel, Boat, Cattle, or Carriage, in or on board which such Spirits, Tobacco, and Snuff shall be, or shall have been brought, found, or seized, or which shall be used or employed in removing or conveying the same, nor shall stop, arrest, and detain the Persons, or some or One of them, who shall be or shall have been employed in navigating the Ship, Vessel, or Boat, in or on board which such Spirits, Tobacco, or Snuff shall be or shall hare been brought, found, or seized, or in unlading, removing, or carrying such Spirits, Tobacco, or Snuff, or from whom the same shall be seized or taken, or shall not carry and convey, or cause all and every such Persons so arrested, stopped, or detained before One or more of His Majesty’s Justices of the Peace, then and in such Case the Officer of the Customs or Excise, or other Person making such Seizure, shall he entitled to and shall be paid only One-fourth Part of the Value at which such Spirits, Tobacco, or Snuff shall be so estimated or fixed as aforesaid.
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Officers seizing Carts, &c. upon than Condemnation entitled to Three-fourths of the net Proceeds.
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XXI. And be it further enacted, That in all Cases where any such Officer or Officers or other Person or Persons as aforesaid, shall, upon the Seizure of any Goods whatever liable to Forfeiture by any Act or Acts of Parliament relating to the Revenue of Customs or Excise, also seize the Carts, Horses, Cattle, or Carriages, made use of in the removing, carriage, or conveyance of any such Goods, and the same shall be condemned such Officer or Officers or other Person or Persons, in every such Case, shall be entitled to Three-fourths of the Net Proceeds of such Carts, Horses, Cattle, and Carriages respectively, after all Charges attending the Prosecution and Sole thereof shall be deducted.
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Commissioners of Customs or Excise in England or Scotland may reward Officers in case of Rescue. &c.
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XXII. Provided always, and be it further enacted, That if in any or either of the aforesaid Cases it shall appear to the Satisfaction of the Commissioners of Customs or Excise in England or Scotland respectively, whose Officer shall have been present at and concerned in the making of any Seizure of Spirits, Tobacco, and Snuff, or to whose Warehouse the same shall have been brought, that the Officer or other Person making such Seizure was prevented from seizing the Ship, Vessel, Boat, Cattle, or Carriage in which the same was brought, found or seized, or removed or conveyed, or from arresting or detaining any such Person or Persons so liable to be arrested or detained as aforesaid, by Force or Violence, or that such Ship, Vessel, Boat, Cattle, Carriage, or Persons, were or was rescued by Force and Violence, and that such Officer or other Person used his utmost Endeavours to seize, detain, and secure such Ship, Vessel, Boat, Cattle, Carriage, and Person or Persons, then and in such Case it shall be lawful for the said Commissioners of Customs and Excise respectively, and they are hereby authorized and empowered to direct, that such Officer or other Person shall be paid any Sum not exceeding One Moiety of the full Value of which such Spirits, Tobacco, or Snuff shall be so estimated or fixed as aforesaid; any Thing in this or any other Act or Acts of Parliament to the contrary in anywise notwithstanding.
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Distribution of Rewards to Army seizing or aiding in Seizures, may be regulated by His Majesty in Council.
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XXIII. And be it further enacted, That from and after the passing of this Act, in all Cases of Seizures made by any Officer, or Warrant or Non-commissioned Officers or Privates of His Majesty’s Army, and also in all Cases of any Officer or Warrant or Non-commissioned Officers or Privates, who shall aid or assist any Officer of Customs or Excise in the making or securing or guarding of any Seizures, it shall be lawful for His Majesty in Council to direct and provide in what Manner and in what Proportions the said Rewards, given by this or any other Act or Acts of Parliament relating to the Revenues of Customs or Excise, or passed for the Prevention of Smuggling, shall be divided or distributed amongst the Commissioned and Warrant and Non commissioned Officers and Privates actually making, or aiding or assisting in making of the Seizure, and the Commissioned Officer, and Warrant and Non-commissioned Officers and Privates of the Regiment, Battalion, or Corps to which the Persons actually making, or aiding or assisting in the making the Seizure, shall belong, any Thing in this or any other Act or Acts of Parliament to the contrary in anywise notwithstanding.
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Licences for certain Ships, Vessels, and Boats, under 24 G. 3. c. 47. &c. shall be granted in future by the Commissioners of the Customs in England, Scotland, and Ireland, and not by the Lords of the Admiralty.
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XXIV. ‘And Whereas by an Act of Parliament passed in the Twenty-fourth Year of the Reign of His present Majesty, and by several other Acts, certain Ships, Vessels, and Boats, therein particularly mentioned and described, are, in certain Cases, subject to Forfeiture, unless the Owners thereof shall have a Licence for navigating the same, from the Lord High Admiral of Great Britain, or the Commissioners of the Admiralty for the Time being, or some Person authorized by them to grant the same; and it is expedient that such Licences should in future be granted only by the Commissioners of His Majesty’s Customs in England and Scotland and Ireland respectively;’ be it therefore enacted, That no Licence for the Navigation of any such Ship, Vessel, or Boat shall, from and after the passing of this Act, be granted by the Commissioners of the Admiralty for the Time being, or any Person authorized by them to grant the same; but that in every Case where by the Laws in force, on and immediately before the passing of this Act, or by virtue or in pursuance of this Act, the Owner or Owners of any Ship, Vessel, or Boat, are required to have a Licence for the Navigation thereof, the same, unless granted before the passing of this Act, by or under the Authority of the Commissioners of the Admiralty, shall be granted by the Commissioners of the Customs in England, Scotland, and Ireland respectively, or any Three of them; and the Ships, Vessels, and Boats so licensed by the said Commissioners respectively by virtue of this Act, shall be subject and liable to all the Rules, Regulations, Restrictions, Penalties, and Forfeitures, to which Ships, Vessels and Boats licensed by the Lord High Admiral of Great Britain, or the Commissioners of the Admiralty, or by Persons authorized by them, were respectively subject and liable by any Act or Acts of Parliament in force on and immediately before the passing of this Act; and the Owner or Owners of every Ship, Vessel, or Boat licensed in pursuance of this Act, shall also be subject and liable to the like Securities, Penalties, and Forfeitures, to which the Owner or Owners of any Ship, Vessel, or Boat, so heretofore required to be licensed by the Lord High Admiral of Great Britain, the Commissioners of the Admiralty, or by Persons authorized by them, were subject and liable by any Act or Acts of Parliament in force on and immediately before the passing of this Act, as fully and effectually, to all Intents and Purposes, as if the said Rules, Regulations, Restrictions, Securities, Penalties, and Forfeitures, were particularly repeated and re-enacted in the Body of this Act.
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Licences shall be granted without Expence.
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XXV. And be it further enacted, That all Licences required under any of the Provisions of this Act, shall be granted without any Stamp, or Fee or Reward, or any Payment whatever, by the Person requiring the same.
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Penalty on Persons counterfeiting, erasing &c. Licence, 500l.
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XXVI. And be it further enacted, That if any Person or Persons shall counterfeit, erase, alter, or falsify, or cause to be counterfeited, erased, altered or falsified, any Licence which has been granted by the Lord High, Admiral of Great Britain, or by the Commissioners of the Admiralty for the Time being, or by any Person authorized by them to grant such Licence, or which shall, in pursuance of this Act, be granted by the Commissioners of His Majesty’s Customs in England, Scotland, or Ireland, respectively, or any Three of them for the Time being, or shall knowingly or wilfully make use of any Licence so counterfeited, erased, altered, or falsified, such Person or Persons shall for every such Offence forfeit the Sum of Five hundred Pounds.
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If a licensed Ship or Boat be lost, broken up, &c. Licence shall be given up within Twelve Months.
Penalty 20l. to 100l.
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XXVII. And be it further enacted, That whenever any licensed Ship, Vessel, or Boat, shall be lost, broken up, captured, burnt, seized, and condemned, sold or otherwise disposed of, the Licence which shall have been granted for the same shall be delivered up to the Collector of the Customs at the Port to which such Ship, Vessel, or Boat shall belong, within Twelve Calendar Months from the Time such Ship, Vessel, or Boat shall be so lost, broken up, captured, burnt, seized, and condemned, sold, or otherwise disposed of; or in case of the said Licence being lost or taken by the Enemy, satisfactory Proof thereof on Oath shall be, within the same Period, made before the Collector or Comptroller of such Port, which Oath they are hereby authorized and required to administer; and in case such Licence shall not be produced and so delivered up, and no such Proof shall be made within such Period as aforesaid, the Owner or Owners, and also the Matter of such Ship Vessel, or Boat, shall forfeit and lose the Sum of Twenty Pounds, if such Ship, Vessel, or Boat, is under the Burthen of Fifteen Tons, and Fifty Pounds if of the burthen of Fifteen Tons and under One hundred and fifty Tons, and One hundred Pounds if of the Burthen of One hundred and fifty Tons or upwards.
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Half the Penalties recovered under any Licence. Bond shall be paid the Officer seizing.
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XXVIII. And be it further enacted. That in all Cases after the passing of this Act, when any Ship, Vessel, or Boat, so licensed in pursuance of the said recited Acts or of this Act, shall be seized for any Cause of Forfeiture, by any Officer or Officers of His Majesty’s Customs or Excise, or by any Officer or Officers of His Majesty’s Army, Navy, or Marines, authorized by Law, to seize the same, and any Bond taken for the said Ship or Vessel, or Boat, where any Bond shall have been taken, shall be put in Suit, and the Penalty thereof recovered, it shall be lawful for the Commissioners of His Majesty’s Customs in England, Scotland, or Ireland, respectively, and they are hereby authorized and required, to pay unto the Officer or Officers making Seizure of such Ship, Vessel, or Boat, One-half Part of the Sum recovered from the Obligor or Obligors of such Bonds, free from all Costs and Charges of Suit.
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Treasury may direct seized Spirits, Tobacco, or Snuff, to be sold either for Home Consumption or Exportation. [See 45 G. 3.c. 121. § 15.]
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XXIX. ‘And Whereas, by an Act made in the Forty-fifth Year of His present Majesty, it was, among other Things enacted, That it should be lawful for the Lords Commissioners of His Majesty’s Treasury of Great Britain or Ireland respectively, or any Three of them, and they are thereby authorized to direct any Spirits that shall be seized and condemned as forfeited under any Law or Laws relating to the Revenue of Customs or Excise, to be again distilled, if the same shall be deemed proper and necessary for the Purpose of bringing the same to a proper Strength, and also to direct such Spirits, either before or after such Distillation, as they shall see fit, and also any Tobacco or Snuff that shall be so seized and condemned as aforesaid, to be delivered to the Care of the Commissioners for victualling His Majesty’s Navy, or if in Ireland, to any Agent employed by them for the supplying of His Majesty’s Navy, or to cause any such Spirits, Tobacco, or Snuff to be destroyed, as shall, under the Circumstances, appear to them most conducive to the Protection of the Revenue: And Whereas it is expedient to make such further Provision as is herein-after mentioned:’ be it therefore further enacted, That so much of the said recited Provisions of the said Act, as relates to the Lords Commissioners of His Majesty’s Treasury of Ireland, shall be and the same is hereby repealed; and it shall be lawful for the Lords Commissioners of His Majesty’s Treasury of Great Britain or Ireland respectively, or any Three of them, and they are hereby authorized to direct any such Spirits, Tobacco, or Snuff to be sold, either for Home Consumption or Exportation, if it shall, under all the Circumstances, appear to them most conducive to the Protection of the Revenue so to do.
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Warrant or Non-commissioned Officers of Army authorized to seize Goods, Vessels, &c. without Warrant from Commissioners of Customs or Excise, and to carry them to the nearest Custom House, &c.
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XXX. And be it further enacted, That it shall be lawful for any Warrant or other Non-commissioned Officer, not being below the Rank of a Serjeant in the Army, who shall be approved of by the Officer for the Time being commanding the Regiment in which he serves, as proper and qualified for the Service, to patrol with any Number of Soldiers under his Command, for the Purpose of preventing illicit Practices on the Revenue, and to seize, without having any Deputation or Commission from the Commissioners of His Majesty’s Customs or Excise for that Purpose, any Vessel or Boat, or Cart or Carriage, or Cattle, or any Goods or Commodities, or Articles or Things whatever, which shall be subject to Forfeiture by this or by any other Act or Acts of Parliament now in force for any Offence against the Revenue of Customs or Excise: Provided always, that such Warrant or other Non-commissioned Officer, on the making of any such Seizure, shall bring or cause the same to be brought, without Loss of Time or unnecessary Delay, to His Majesty’s Warehouse at the nearest Custom House to which such Seizure can conveniently be brought, and there lodge and deposit the same in the Custody and under the Charge and Care of the proper Officer of the Customs, in case the Seizure shall be made under any Act for securing the Revenue of Customs, or in the Custody and under the Charge and Care of the proper Officer of Excise, in case it shall be made under any Act for securing the Revenue of Excise, and shall in all respects, in regard to the Prosecution or Delivery of any such Seizure, conform to all and each and every of the Rules, Regulations, and Restrictions, to which the Officers of His Majesty’s Customs and Excise are now, in case of such Seizures, made by them respectively subject; any Law, Custom, or Usage to the contrary notwithstanding.
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In what Packages, &c. Salt and Pepper shall be exported from Guernsey, &c.
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XXXI. And be it further enacted, That in case any Salt, whether Foreign or British, shall be exported from the Islands of Guernsey, Jersey, Alderney, or Sark, or either of them, or shall he removed by Sea from any one Part to any other Part of either of the said Islands, or shall be put on board any Ship, Vessel, or Boat whatever in order to be so removed or carried, otherwise than in Bulk or Casks containing Four hundred Weight Net of Salt, except only such Salt as may be for the necessary Provisions of such Ship, Vessel, or Boat, or for the Use of the Seamen, not exceeding Two Pounds Weight for each Man, to be flowed openly and fairly in such Ship, Vessel, or Boat; or in case any Pepper shall be exported from the said Islands, or either of them, or shall be removed by Sea from any one Part to any other Part of the same, or shall be put on board any Ship, Vessel, or Boat whatever, other than such Quantity as may be necessary for the Use of the Seamen, in order to be so removed, in Casks not containing Four hundred Weight Net of Pepper, all such Salt and Pepper, with the Packages containing the same, and also the Ship, Vessel, or Boat or board of which any such Salt or Pepper may be found, shall, together with the Guns, Furniture, Ammunition, Tackle, and Apparel be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise.
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Powers of 24 G. 3. c. 47. as to chasing and firing at Vessels, extended to Vessels seizable under this and all other and subsequent Acts.
42 G. 3. c. 82. S. 6. &c. repealed.
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XXXII. And be it further enacted and declared, That all the Powers, Provisions, Clauses, and Indemnities contained in an Act, passed in the Twenty-fourth Year of the Reign of His present Majesty, for the more effectual Prevention of Smuggling, relating to the chacing, bringing to, and firing and shooting at or into any Ship or Vessel, liable to Seizure and Examination, under any Law or Laws relating to the Revenue, shall extend and be confirmed to extend to authorize and empower any Captain, Matter, or ether Person, having at the Time being the Charge or Command of any Cutter or Vessel in the Service of His Majesty, or of the Customs or Excise, to chace, bring-to, fire, and shoot at or into, all Ships, Vessels, and Boats, made liable to Seizure or Examination by or under any Act or Acts of Parliament now in force, or which may hereafter be passed in relation to the Revenue of Customs or Excise, or for the Prevention of Smuggling, or this Act, as fully and effectually as, if the same were herein repeated and re-enacted; and all such Ships, Vessels, and Boats, as are by this Act or any other Act made liable to Seizure or Examination, may be brought to for the Purpose or Examination.
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Except as to Penalties incurred.
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XXXIII. ‘And Whereas an Act passed in the Forty-second Year of the Reign of His present Majesty, intituled, An Act to alter, amend, and render more effectual an Act, made in the Twenty fourth Year of the Reign of His present Majesty, for the more effectual Prevention of Smuggling in Great Britain; whereby it was amongst other Things enacted, that if any Person shall after Sun-set and before Sun-rise, between the Twenty-first Day of September and the First Day of April, or after the Hour of Eight in the Evening and before the Hour of Six in the Morning, between the last Day of March and the Twenty-second Day of September, make or aid, or assist in the making, or be present for the Purpose of aiding and assisting in making any Light, Fire, or Blaze, or any Signal by Smoke or by Rockets, Fireworks, Flags, firing of Guns or other Fire Arms, or any other Contrivance or Device, on or from any Part of the Coast or Shores of Great Britain, for the Purpose of making or giving any Signal to any Person or Persons on board any Smuggling Ship, Vessel, or Boat, or any Ship, Vessel, or Boat, hovering or found, or discovered to have been within any Limits or Distances mentioned in the said Acts or any former Act or Acts, passed for the Prevention of Smuggling, such Person shall for each and every Offence forfeit and pay the Sum of One hundred Pounds: And Whereas the said recited Clause, and the several Rules, Regulations, and Provisions in the said Act contained, for convicting and punishing Persons guilty of Offences, created by the said recited Clause, have been found not to answer the good Purposes thereby intended, and it is therefore expedient to repeal the same, and in lieu thereof to make such Provisions as are in that Behalf herein-after mentioned;’ be it therefore enacted, That, from and after the passing of this Act, the said recited Clause, and the said several Rules, Regulations, and Provisions, shall be, and the same are hereby repealed, save and except in all Cases relating to any Offence or Offences which shall be or shall have been committed contrary to the true Intent and Meaning of the said Act, or to the Recovery of any Fine or Penalty, Fines or Penalties, which shall be or shall have been incurred under or by virtue of the said Act, at any Time or Times before or on the said passing of this Act.
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Persons making signals by Fire, &c. by Night on or within Six Miles of the Coast of Great Britain to Smugglers, declared guilty if a Misdemea-meanor, and may be carried before Justice of the Peace, who may commit them till the Assizes, &c.
Penalty on Conviction 100 l. of One Year’s Imprisonment.
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XXXIV. And be it further enacted, That from and after the passing of this Act, no Person or Persons shall after Sun-set and before Sun-rise, between the Twenty-first Day of September and the First Day of April, or after the Hour of Eight in the Evening and before the Hour of Six in the Morning, between the last Day of March and the Twenty-second Day of September, make, or aid or assist in the making, or be present for the Purpose of aiding or assisting in the making any Light, Fire, Flash, or Blaze, or any Signal by Smoke, or by any Rocket, Fireworks, Flags, firing of any Gun or other Fire Arms, or any other Contrivance or Device in or on board, or from any Ship, Vessel, or Boat, or on or from any Part of the Coast or Shores of Great Britain, or within Six Miles of any Part of such Coast or Shores, for the Purpose of making or giving any Signal to any Person or Persons on board any Smuggling Ship, Vessel, or Boat, whether such Person or Persons so on board of such Ship, Vessel, or Boat, be or be not within Sight or Distance, to see or hear any such Light, Fire, Flash, Blaze, or Signal; and if any Person or Persons shall, contrary to the true Intent and Meaning of this Act, make or cause to be made or aid or assist in the making, or be present for the Purpose of aiding or assisting in making any such Light, Fire, Flash, Blaze, or Signal, such Person or Persons so offending shall be guilty of a Misdemeanor; and it shall be lawful for any Officer or Officers of the Customs or Excise, or any other Person or Persons, to stop, arrest, and detain the Person or Persons, who shall so make or aid, or assist in the making, or who shall be present for the Purpose of aiding or assisting in making any such Light, Fire, Flash, Blaze, or Signal, and to carry and convey such Person or Persons so offending as aforesaid before any One or more of His Majesty’s Justices of the Peace, residing near to the Place where such Offence shall be committed, who, if he or they see Cause, shall commit the Offender or Offenders to the next County Gaol, there to remain until the next Court of Oyer and Terminer, Great Session or Gaol Delivery, or until such Person or Persons shall be delivered by due Course of Law; and in case an Indictment shall be found or Information filed against him or them, he or they shall forthwith plead thereto, and shall be tried thereon, without having Time to traverse the same, as is usual in Cases of Misdemeanors; and it shall not be necessary to prove in any such Indictment or Information, that any Ship, Vessel, or Boat was actually hovering or off the Coast or Shore, or found or discovered to have been within any Limits or Distances mentioned in this Act, or any Act or Acts passed for the Prevention of Smuggling; and the Offender or Offenders being duly convicted thereof, shall, by Order of the Court before whom such Offender or Offenders than he convicted, either forfeit and pay the Penalty or Forfeiture of One hundred Pounds, or, at the Discretion of such Court, be sentenced to or committed to the Common Gaol or House of Correction, there to be kept to hard Labour for any Term not exceeding One Year.
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Proof of purpose of making Fires, shall lie on Defendant.
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XXXV. Provided always, and be it further enacted, That in case any Person or Persons be charged with, or indicted for having made or caused to be made, or been aiding or assisting in making, or been present for the Purpose of so making or aiding, or assisting in making, or giving any such Light, Fire, Flash, Blaze, or Signal as aforesaid, the Burthen of Proof that such Light, Fire, Flash, Blaze, Noise, or other Thing so charged as having been made with Intent and for the Purpose of giving such Signal as aforesaid, was not made with such Intent and Purpose, shall be upon the Defendant against whom such Charge is made or such Indictment is found.
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How Persons apprehended for Offences against this Act or 42 G. 3 c. 82. or 45 G 3. c. 121, shall be bailed by Justices of the Peace.
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XXXVI. And be it further enacted, That when any Person or Persons shall be arrested and taken before any One or more of His Majesty’s Justices of the Peace in Great Britain, for any Offence against this Act, or against the said Acts passed in the Forty-second and Forty-fifth Years of the Reign of His present Majesty, such Person or Persons shall in no case be admitted to Bail, unless he, she, or they shall first enter into a Recognizance with Two sufficient Sureties to His Majesty, His Heirs and Successors, in the Sum of Two hundred Pounds, and the said Sureties in the Sum of One hundred Pounds each, with Condition that such Person or Persons shall appear at the then next ensuing Court of Oyer and Terminer, General Gaol Delivery, or Great Session, or General Quarter Sessions of the Peace, to be holden for the County or Place where such Offender or Offenders shall be arrested or taken, to answer and plead to any Indictment or Indictments which may be found at such Court of Oyer and Terminer and Gaol Delivery, or Great Session, or Quarter Session, for such Misdemeanor; and such Recognizance shall be forthwith transmitted to the Clerk of Assize, or other proper Officer of the Court of Oyer and Terminer, Gaol Delivery, or Great Session respectively, or to the Clerk of the Peace for such County or Place as aforesaid, as in the respective Cases may be proper.
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All Persons authorized to enter Lands, and extinguish Signals by Fire, &c.
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XXXVII. And be it further enacted, That from and after the passing of this Act, it shall be lawful for any Person whatsoever to put out and extinguish any such Light, Fire, or Blaze, or any Smoke, Signal, Rocket, Firework, or other Contrivance or Device, so made as aforesaid, and to enter and go into and upon any Lands for that Purpose, without being liable or subject to any Indictment, Suit or Action for the same.
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Averment that the Commissioners of Customs or Excise had made their Option in the Recovery of Penalties under 45 G. 3. c. 121. § 7. sufficient Proof of their Determination.
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XXXVIII. ‘And Whereas by the said Act passed in the Forty-fifth Year of the Reign of His present Majesty, intituled, An Act for the more effectual Prevention of Smuggling, it was, amongst other Things, enacted, That every Person, being a Subject of His Majesty, who should be found or taken on board, or discovered to have been on board any Ship, Vessel, or Boat, liable to Forfeiture, who should not prove that he was only a Passenger on board such Ship, Vessel or Boat; and every Person found aiding or assisting in unshipping to be laid on Land, or found carrying, conveying, concealing, or assisting in the carrying, conveying, or concealing any Foreign Brandy, Rum, Geneva, or Spirits subject to Forfeiture under the said Act, or any Law or Act relating to the Revenue of Customs or Excise in the United Kingdom, should forfeit for every such Offence either Treble the Value of the Goods that should be found or taken from such Person or Persons, or the Sum of One hundred Pounds, at the Option and subject to the Election and Discretion of the Commissioners of Customs or Excise respectively, who should direct any Prosecution or Suit to be commenced against any such Person: And Whereas Offenders against the said Act have escaped by reason of the Necessity of giving or adducing legal Evidence, that the said Commissioners of Customs or Excise respectively had made their Option or Election, ore exercised their Discretion to sue for the said Penalty of Treble the Value of the Goods found or taken from such Person or Persons, or the Sum of One hundred Pounds;’ be it therefore further enacted, That from and after the passing of this Act the Statement, Allegation, or Averment of the Fact, that the said Commissioners of the Customs or Excise respectively had made such Option or Election, or exercised such Discretion, in the Information or Complaint for the Recovery of such Penalty, shall be, and shall be deemed and taken to be, sufficient Evidence to found or warrant a Conviction on such Information or Complaint, without any other or further Evidence of the Fact, that the said Commissioners of Customs or Excise respectively had made such Option or Election, or exercised such Discretion.
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Penalties of 100l. under 45 G. 3. c. 121. § 7. may be recovered either in the Exchequer or at Quarter Sessions.
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XXXIX. And be it further enacted, That every such Penalty of One hundred Pounds, by the said recited Act of the Forty-fifth Year aforesaid imposed, may be sued for and prosecuted at any Time within One Year after the Offence shall have been committed, and may be recovered either by Information or otherwise in His Majesty’s Court of Exchequer at Westminster, and levied as any Fine, Penalty, or Forfeiture may be sued for, recovered, or levied under any Act or Acts made for the securing the Revenue of Customs, or by Information before any Two of the Justices of the Peace for the County wherein such Offence or Offences as aforesaid shall or may be committed, or of the County into which any such Offender or Offenders shall be brought; and Two third Parts of every such Penalty shall be to His Majesty, His Heirs and Successors, and the remaining One-third Part to the Person who shall inform, discover, or sue for the same.
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Persons may be prosecuted for Offences against this Act, or 42 G. 3. c. 82. or 45 G. 3. c. 121. in the Court of King’s Bench as under 45 G. 3. c. 10. § 41.
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XL. Provided always, and be it further enacted, That when any Person or Persons shall be prosecuted in His Majesty’s Court of King’s Bench in England for any Offence against this Act, or either of the said recited Acts of the Forty-second or Forty-fifth Years of the Reign of His present Majesty, such Proceedings may be had with respect to such Person or Persons as may be now had by virtue of an Act passed in the Forty fifth Year of His present Majesty’s Reign, intituled, An Act for making further Provision for effectual Performance of Quarantine, with respect to Persons prosecuted in the said Court for Offences committed against the said Act.
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For rewarding Officers detaining Persons under 45 G. 3. c. 121. § 7.
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XLI. And be it further enacted, That every Officer of the Customs or Excise, or of the Army, Navy, or Marines, detaining and convicting any Person or Persons, liable to be detained or prosecuted under an Act passed in the Forty-fifth Year of the Reign of His present Majesty, for the Prevention of Smuggling, shall be allowed such Sum of Money for such Person, not exceeding Twenty Pounds, as the Commissioners of His Majesty’s Customs and Excise in England or Scotland respectively, shall in their Discretion think fit.
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Officers and Seamen in the Service of the Customs or Excise, if wounded, or their Families, if killed, shall be provided for.
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XLII. And be it further enacted, That in all Cases where any Officer or Seaman, employed in the Service of the Customs or Excise, shall be killed, maimed, or wounded in the due Execution of this Act, or any other Act relating to the Revenues of Customs or Excise, or passed for the Prevention of Smuggling, it shall be lawful for the Commissioners of Customs and Excise in England, Scotland or Ireland respectively, to make such Provision for every such Officer or Seaman so maimed or wounded, or for the Widows and Families of such as shall be killed, as they shall be authorized and empowered to do by Warrant from the Lord High Treasurer, or Commissioners of His Majesty’s Treasury for the Time being.
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On Mitigation of Penalties, under the Revenue Laws by the Quarter Sessions, or Justices out of Sessions, they may require Offenders to enter into a Recognizance for Payment of full Penalty, in case they be again convicted within Three Years of another Offence.
On Forfeiture of Recognizance Penalty may be levied by Distress, &c.
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XLIII. ‘And Whereas by the Laws now in force, on Prosecutions before the Justices of the Peace, for Penalties under the Laws relating to the Revenue of Customs in England and Scotland, such Justices are in certain Cases authorized, on Conviction, to mitigate the penalties to be paid, and to reduce the Amount thereof: And Whereas it is expedient, for the better Prevention of Smuggling, that in all Cases where Penalties are so mitigated, the Offenders should be required to give good and sufficient Security to the Crown for the Payment of the full Penalties in which they shall have been convicted, after deducting the Sums which may have been paid on such Conviction and Mitigation, in case they shall at any Time, within Three Years from the Date of such Conviction, be again convicted of any other Offence against the Revenue Laws;’ be it therefore further enacted, That in all Cases where any Person shall be convicted of any Offence as aforesaid, before the Court of Quarter Sessions, or before any Justice or Justices of the Peace out of Session, and such Court, or Justice or Justices, shall mitigate the Penalty or Penalties incurred, it shall be lawful for such Court of Quarter Sessions, or Justice or Justices of the Peace, and they are respectively hereby required to take a Recognizance from the Offender or Offenders, in Double the Amount of the Sum in which he, she, or they may have been convicted, which Recognizance or Recognizances shall be given to His Majesty, His Heirs and Successors, with Condition that if such Offender or Offenders shall at any Time, within Three Years from the Date of such Conviction, be again convicted of any Offence against any Law now in force or hereafter to be made, relative to the Revenue of Customs or Excise, that such Offender or Offenders shall forfeit and pay to His Majesty the Amount of the Sum or Sums in which he, she, or they may have been convicted, after deducting the Sum or Sums paid according to such Mitigation as aforesaid; and in every Case where such Recognizance or Recognizances shall become forfeited, it shall be lawful for the said Court, or any Justice or Justices of the Peace, by Warrant, to apprehend such Offender or Offenders; and in case he, she, or they shall not forthwith pay the Sum or Sums, according to such Recognizance or Recognizances, to levy the same upon the Goods and Chattels of the Offender or Offenders, or to commit such Offender or Offenders to Gaol, there to remain for the Space of Twelve Months, or until such Sum or Sums shall be paid.
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Justices of Peace empowered to take Cognizance of Offences against Customs and Excise on the High Seas.
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XLIV. ‘And Whereas Doubts have arisen whether such Justices of the Peace can take Cognizance of Offences and of Forfeitures committed or arising on the High Seas, and without the Limits of the County, City, Town, or Place, of and in which they shall or do act as such Justices of the Peace;’ be it enacted, That from and after the passing of this Act, in all Cases in which any Justice or Justices of the Peace are empowered to take Cognizance of any Offence, or of any Forfeiture in this Act, or in any Act or Acts of Parliament relating to the Revenue of Customs or Excise, it shall be lawful for any Justice or Justices of the Peace for the County, City, Town, or Place, within which the Port or Place into which any Ship, Vessel, Boat or Goods, or any Person or Persons shall be taken, brought, or carried, under any Act or Acts of Parliament relating to the Revenue of Customs or Excise, shall be situated, to take Cognizance of such Offence or Offences committed against the said Act or this Act, or such Forfeiture or Forfeitures, as if the same Offence or Offences had been committed, or the same Forfeiture or Forfeitures had been incurred on Land, within the said respective Jurisdictions of such Justices.
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Customs’ Penalties, and Seizures may be recovered and applied as under former Custom Acts.
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XLV. And be it further enacted, That all Fines, Penalties, and Forfeitures, created or imposed by this Act, and which shall be sued for or prosecuted under or by virtue of the Order or Permission of the Commissioners of the Customs in England and Scotland respectively, or by any Officer or Officers of the Customs, shall and may (where not otherwise directed by this Act) be sued for, prosecuted, recovered, and disposed of, in such Manner, and by such Ways, Means, and Methods, as any Fines or Penalties incurred, or any Goods or Vessels forfeited for any Offence against the Laws of Customs, may now legally be sued for, prosecuted, recovered, and disposed of.
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Recovery and Application of Penalties of Excise.
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XLVI. And be it further enacted, That all Penalties and Forfeiture created or imposed by this Act of Parliament, and which shall be prosecuted or sued for by Order of the Commissioners of Excise in England or Scotland respectively, or by any Officer or Officers of Excise, shall, except where otherwise specially directed by this Act, be sued for, recovered, levied, or mitigated, by such Ways, Means, or Methods, as any Fine, Penalty, or Forfeiture may be sued for, recovered, levied, or mitigated by any Law or Laws of Excise, or by Action of Debt, Bill, Plaint, or Information, in any of His Majesty’s Courts of Record at Westminster, or in the Court of Exchequer in Scotland respectively; and that One Half of every such Fine, Penalty, or Forfeiture, where not otherwise directed by this Act, shall be to His Majesty, His Heirs and Successors, and the other Half (where not otherwise directed by this Act) to him, her, or them who shall inform, discover, or sue for the same.
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Penalty on Persons offering Bribes, &c. to Officers of Army, Navy, or Marines, 100l.
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XLVII. And be it further enacted, That if any Person or Persons whatever shall give, offer, or promise to give any Bribe, Recompence, or Reward to, or make any collusive Agreement with, any Commissioned or Non-commissioned or Warrant Officer of His Majesty’s Army, Navy, or Marines, to do, conceal, or connive at any Act by which His Majesty might be defrauded in His Revenue of Customs and Excise, whether any such Bribe or Offer shall have been accepted or not, every such Person or Persons shall for each and every such Offence forfeit the Sum of One hundred Pounds. ‘Act may be altered this Session, §48.’
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