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tain or Ireland ; and to all goods laden on board, and the guns,

furniture, ammunition, tackle, and apparel thereof, as if

particularly repeated and re-enacted in this act. s. 17.

land, authori

The commissioners of customs or excise in England and Commissioners Scotland, may reward any officer or officers of the customs or of customs and excise in Engexcise or army, navy, or marines, who shall seize any vessel or boat, by law liable to be broken up after condemnation, and land, and Scorwhich shall not be used in his majesty's service, or as a privateer zed to reward is follows: to such officer or officers, for all vessels exceeding officers seizing our tons thirty shillings per ton, and for boats not exceeding our tons forty shillings per ton; and for all ships, vessels, and oats, on account of their built, construction, denominations with certain r description, liable to forfeiture by any act, and which shall sums, accorde liable to be broken up, at the time of the seizure there ing to their tonf, found in ballast or light, twenty shillings per ton, to be nage. aid upon the condemnation thereof, and such allowances

hall be in addition to all other allowances, sums of money, or

ewards.

s. 18.5

vessels liable to be broken up,

lords of the

And whereas by an act of parliament passed in the twenty- Licences for urth year of the reign of his present majesty, and by several certain ships, ther acts, certain ships, vessels, and boats, therein particularly vessels, and entioned and described, are in certain cases subject to forfeit boats, to be granted in fure, unless the owners thereof shall have a licence for navigating ture by the e same from the lord high admiral of Great Britain, or the com- commissioners issioners of the admiralty for the time being, or some person of the customs thorised by them to grant the same; and it is expedient that and not the ich licences should in future be granted only by the commis- admiralty. oners of his majesty's customs in England and Scotland. No cence for the navigation of any ship, vessel, or boat, shall be anted by the commissioners of the admiralty, or any pern authorised by them, but that in every case where by the ws in force the owner or owners of any ship, vessel, or boat, e required to have a licence for the navigation thereof, e same, unless granted before the passing of this act, by the mmissioners of the admiralty, shall be granted by the commisoners of the customs in England, Scotland, and Ireland res ectively, or any three of them; and the ships, vessels, and boats licensed, shall be subject and liable to all the rules, regulations, strictions, penalties, and forfeitures, to which ships, vessels, ad, boats licensed by the commissioners of the admiralty, or. 7 persons authorised by them, wererespectively subject, and bject to the like securities, penalties, and forfeitures, to hich the owner or owners of any ship, vessel, or boat, here. fore required to be licensed by the commissioners of the ad. ralty, were subject, and, liable before the passing of this act, effectually as if the said rules, regulatious, restrictions, secuies, penalties, and forfeitures were re-enacted by this act. s. 24. Persons counIf any person or persons shall counterfeit, erase,alter, or falsi tertelting, eras or cause to be counterfeited, erased, altered, or falsified, any ing, &c. any ence granted by the commissioners of the admiralty, for or by feit 5001.

licence to for

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On the licen

sed ship, ves being lost, bro.

sel, or boat,

ken up, &c. the licence to be given up within a cer tain time under a certain penalty.

out warrant

any person authorised by them, or granted by the commissioner of customs in England, Scotland, or Ireland, respectively, a any three of them, or shall knowingly or wilfully make use of any licence so counterfeited, erased,altered, or falsified, such par son or persons shall forfeit five hundred pounds. 3.26.

Whenever any licenced ship, vessel, or boat, shall be la broken up, captured, burnt, seized, and condemned, sold a Other vise disposed of, the licence granted for the same shall be delivered up to the collector of the customs at the port to wid such ship, vessel, or boat shall belong, within twelve calenda months; or if lost or taken by the enemy, proof on oath shall be, within the same period, made before the collector or comp troller of such port, and in case such licence shall not be proda ced and delivered up, and no proof made within such period, th owner or owners, and also the master of such ship, vessel, boat, shall forfeit and lose twenty pounds if under the burthen of fifteen tons, and fifty pounds if of fifteen tons and under hundred and fifty tons, and one hundred pounds if of the burthe of one hundred and fifty tons or upwards. s. 27.

Any warrant or other non-commissioned officer,not below the Authorizing warrant or non- rank of a serjeant in the army, approved of by the officer for the commissioned time being commanding the regiment in which he serves, as proofficers of army per and qualified for the service, may patrol with any number to seize with- of soldiers under his command, for the purpose of preventing ifrom commis- licit practices on the revenue, and seize, without having any de sioners of cus-putation or commission from the commissioners of customs er toms or excise, excise, any vessel or boat, or cart or carriage, or cattle, or my goods or commodities, or articles or things whatever, subject forfeiture by this or by any other act or acts now in foree le any offence against the revenue of customs or excise: provided such warrant or other non commissioned officer, on the making of any such seizure, bring without unnecessary delay, to the pearest custom house, and there lodge and deposit the same in the custody and charge of the proper officer of the customs or ex cise, and shall conform to the rules, regulations, and restrictions, to which the officers of customs and excise are, in case of seizur subject. s. 30.

Directing how

per shall be ex

salt and pep-ed from the islands of Guernsey, Jersey, Alderney, or Sark, Where any salt, whether foreign or British, shall be expert ported from or either of them, or removed by sea from one part to any other Guernsey, &c. part of either of the said islands, or put on board any shir, vessel,

ог boat whatever, to be so removed, otherwise in bulk or casks containing four hundred weight net.', cept salt for the necessary provisions of such shap, vessel, or boat, or the use of the seamen, not exceeding two pouzd weight for each man, to be stowed openly and fairly; or whene any pepper shall be exported from the said islands, or either of them, or removed by sea from any one part to any other part› of the same, or put on board any ship, vessel, or boat whatever,

s. 32.

ves

vention of

sequent acts

ther than such quantity as may be necessary for the use of the eamen, in order to be so removed in casks containing four undred weight net of pepper, all such salt and pepper, with the ackages, and the ship, vessel, or boat on board of which any ich salt or pepper may be found, shall, together with the guns, trniture, ammunition, tackle, and apparel, be forfeited. s. 31. And all the powers, provisions, clauses, and indemnities con- 24 G. 3. c. 48. ined in an act passed in the twenty-fourth year of his present for the more ajesty, for preventing of smuggling, relating to the chasing, effectual preringing-to, and firing and shooting at or into any ship or 1, liable to seizure and examination, under any law or laws re- tended to sub smuggling ex. ting to the revenue, shall extend and be construed to extend authorise and empower any captain, master, or other person, and this act. ving at the time being the charge or command of any cutter · vessel in the service of his majesty, or of the customs or exse, to chase, bring-to, fire, and shoot at or into, all ships, ssels, and boats, made liable to seizure or examination under any ts or acts now in force, or which may hereafter be passed in lation to the revenue of customs or excise, or for the prention of smuggling, or this act,as fully as if herein repeated and -enacted; and all ships, vessels, and boats, by this or any her act made liable to seizure or examination, may be brought for the purpose of examination. No person or persons shall after sun-set and before sun rise Persons mak. tween the twenty-first day of September and the first day of ing signals to ril, or after the hour of eight in the evening and before the smugglers, by our of six in the morning, between the last day of March, and lighting fires e twenty-second day of September, make or aid, or assist in making or be present for the purpose of aiding or assisting arrested and the making any light, fire, flash, or blaze, or any signal by carried before oke, or by any rocket, fireworks, flags, firing of any gun or other a justice of the e arms, or any other contrivance or device in or on board, or om any ship, vessel or boat, on or from any part of the coast them to the shores of Great Britain, or within six miles for the purpose assizes, &c. making or giving any signal to persons on board any smuggling ip, vessel, or boat, whether such person or persons so on ard of such ship, vessel, or boat, be or be not within sight or tance, to see or hear any such light, fire, flash, blaze, or sig1; and if any person or persons shall make or cause to be de,or aid or assist, or be present aiding or assisting in making y such light, fire, flash, blaze or signal, such person or perits shall be guilty of a misdemeanor and any officer of stoms or excise, or any other person or persons, may p, arrest, and detain the person or persons, and carry d convey such person or persons before any one or more stices of the peace, residing near to the place where such fence shall be committed, who, shall commit the offender offenders to the next county gaol, until the next court of

on the coast,

&c. may be

peace, who

may comnit

Proof of making

the intent

oyer and terminer, great session or gaol delivery, or until dev
livered by due course of law; and in case an indictment be found
or information filed against him or them, he or they shall forth-
with plead thereto, and shall be tried thereon, without hang
time to traverse, as in cases of misdemeanors; and it shall not
be necessary to prove in any such indictment or informatio
that any ship, vessel, or boat was actually hovering of of de
coast or shore, or found or discovered to have been within y
limits or distances mentioned in this act, or any act or acts pas
sed for the prevention of smuggling; and the offender or offe
ders being duly convicted thereof, shall, by order of the court
before whom such offender or offenders shall be convicted, either
forfeit and pay the penalty or forfeiture of one hundred pounds,
or, at the discretion of such court, be committed to the commer
gaol or house of correction, to be kept to hard labour for any
term not exceeding one year. By the preceding section the chur
respecting persons making siguals by fire in the act of the
of the present king is repealed. s. 33, 34.

And if any person or persons be charged with, or in tire, &c. with dicted for having made or caused to be made or bet aiding or assisting in making, or giving any such light, fire, flash, blaze, or signal as aforesaid, the burthen of pol that such light, &c. was not made with such intent and purpen, shall be upon the defendant against whom such charge is made or indictment is found. s. 35.

charged, to be upon delend

ant.

Persons apprehended, how to be builed by justices of peace.

Offcers to enter any lands and catinguish fires

When any person or persons shall be arrested and taken be fore any one or more justices of peace in Great Britain, auy offence against this act, or against the acts passed in forty-second and forty-fifth years of his present majesty, nd person or persons shall in no case be admitted to bail, unlestie she, or they shall first enter into a recognizance with tweede ficient sureties to his majesty, his heirs and successors, in the sum of two hundred pounds, and the said sureties in the str of one hundred pounds each, with condition that such person er persons shall appear at the then next ensuing court of oyer unt terminer, general goal delivery, or great session, or general quarter sessions of the peace to be holden for the county of place where such offender or offenders shall be arrested ortaker to answer and plead to any indictment or indictments which may be found at such court of oyer and terminer and gaol de livery, 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 nd terminer, gaol delivery, or great session respectively, or to the clerk of the peace for such county or place. 8. S6v?

And any person whatsoever may put out and extinguish y such light, fire, or blaze, or any smoke, signal, rocket, firewat or other contrivance or device, so made as aforesaid, d

enter and go into and upon any lands for that purpose, with out being liable to any indictment or action. s. 37.

ther in the ex◄

Every penalty of one hundred pounds, by an act of the Penalties of orty-fifth year aforesaid imposed, may be sued for within one 100). may be ear after the offence committed, and recovered by information recovered eior otherwise in the court of exchequer at Westminster, and chequer of evied, as any fine, penalty or forfeiture may be under any act sessions. or securing the revenue of customs, or by information beforeTM ny two justices of the peace for the county wherein suchffence or offences may be committed, or of the county into which by such offender or offenders shall be brought; and two-thirds of very such penalty shall be to his majesty, his heirs and succes- rs, and the remaining one-third to the person who shall inrm or sue for the same. s. 39.

preven.

sons to be alJowed a sum

Every officer of the customs, excise, army, navy, or marines, The officers. taining and convicting any persons liable under an act passed detaining perthe forty-fifth year of his present majesty, for the on of smuggling, shall be allowed for each person, not ex for each. eding twenty pounds, as the commissioners of customs and cise in England or Scotland respectively, shall in their dis stion think fit. s. 412

recognizancé

convicted with

By the laws now in force, on prosecutions before the jus. On mitigation es of the peace, for penalties under the laws relating to the of penalties, by venue of customs in England and Scotland, such justices are quartersessions certain cases authorized, on conviction to mitigate the penal out of sessions, or the justices s and to reduce the amount thereof: and for the better pre- they may reation of smuggling in cases where penalties are so miti- quire offenders ted, the offenders should be required to give good and suf- to enter into a ent security to the crown for the payment of the full penal- for payment of in which they shall have been convicted, after deducting double the sum sums paid on such conviction and mitigation, in case for which cony shall within three years from such conviction, be again victed, if again victed of any other offence against the revenue laws; in all in three years es where any person shall be convicted of any offence as of a like of resaid, before the court of quarter sessions, or before any fence. tice or justices of the peace out of session, and such court, justice or justices, shall mitigate the penalty or penalties urred, it shall be lawful for such court of quarter sessions, justice or justices of the peace, and they are respectively eby required to take a recognizance from the offender or inders, in double the amount of the sum in which he, she, or y may have been convicted, which recognizance or recognis ces shall be given to his majesty, his heirs and successors, h condition that if such offender or offenders shall at any e, within three years from the date of such, conviction, be in convicted of any offence against any law now in force or safter to be made, relative to the revenue of customs or ex, that such offender or offenders shall forfeit and pay to his MOL. IV. 4 E*

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