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No ship of 50 tens or under, to hover upon

the coust.

laden with

any officer of the revenue properly authorised to examine any vessel, or the cargo on board thereof, shall at all times hare free access to the cabin, and every other part in such vessel; and in case any places within the cabin, forecastle, steerage, or other part of the ship, or any boxes, chests, or other things contained therein, shall be locked, or in any manner fastened, and the keys shall be withheld, or the places not opened for such officers, on their requiring the same of the master, such officers, if they are of a degree superior to the tidesmen or watermen, shall open the same in the best manner they can, and are indemnified in so doing; but if such officers shall only be tidesmen or watermen, they shall send for their superior of ficer, who is to cause the same to be opened; and shall be indemnified in so doing. s. 23.

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1. In ships at sea or hovering upon the coast.

By 5 Geo. 1. c. 11. (in force until 29 Sept. 1809, 43 Geo. 3, c. 29), where any vessel of fifty tons or under, laden with customable or prohibited goods, shall be found hovering upon the coast within the limits of any port, and not proceeding on her voyage (wind and weather permitting), any officer of the customs may go on board, and take an account of the lading, and demand security of the master, by his own bond to his majesty, in treble the value of the foreign goods on board, with condi tion, that such vessel, (as soon as wind and weather, and the state of such vessel, do permit) shall proceed regularly on her voyage, and shall land such goods in some foreign port; and if such master shall refuse to enter into such bond, or shall not proceed on such voyage, unless suffered to make a longer stay by the chief officer (not exceeding twenty days), all the foreign goods on board may by any officer of the customs, by direction of the principal officer, be taken out of the ship and secured; and if such goods are customable, the duties shall be paid; and wool, or any prohibited goods found on board, are declared subject to forfeiture. s. 8.

No ship of 50 And by 6 Geo. 1. c. 21, where any vessel of fifty tons or tons or under, under, being in part or fully laden with brandy, shall be found at anchor, or within two leagues from the shore, and not pro brandy, to ho- ceeding on her, voyage (wind and weather permitting), the ver within two commander of any man of war, or armed sloop, appointed for leagues of the shore. the guard of the coast, or the commander of any stoop or res sel in the service of the customs, may compel the master to come into port; and the same shall be liable in all cases as ships hovering within the limits of any port. s. 31.

Such goods,

and also the

Also by 5 Geo. 3. c. 43, where any vessel, coming from foreign parts having on board 2016. weight of coffee, or any vessels liable goods liable to forfeiture, by any act now in force, on being to forfeiture, if imported, shall be found at anchor, or hovering within the li under 50 tons. mits of any port, or within two leagues of the shore; or shall be discovered to be within the limits of any port, and not pro

ceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity and distress of weather, of which the master, or other person having charge of the vessel, shall give notice, and make proof before the collector, or other chief officer of the customs, immediately after the arrival of the vessel in such port: all such goods, together with the chests, boxes, casks, and other package, or the value thereof, shall be forfeited, and the ship and vessel, with all her tackle, furniture, and apparel, shall also be forfeited, provided such vessel doth not exceed the burthen of 50 tons; half the produce, after the sale thereof, charges deducted, to be to the king, and half to the officer who shall make the seizure. s. 38.

And by 19 Geo. 3. c. 69, when any tea, coffee, foreign Extended to brandy or other spirituous liquors, or any goods whatsoever, vessels of 200 are liable to forfeiture for being found on board any ships or tons coming vessels coming from foreign parts, at anchor, or hovering with- from Europe. in the limits of any of the ports of this kingdom, or within two leagues of the coast thereof; or for having been discovered to have been within the limits of any port, contrary to any act now in force; the vessel, if coming from any part of Europe, on board which such goods shall be so found, together with all her guns, furniture, ammunition, tackle, and apparel, shall be forfeited, provided such vessel doth not exceed the burthen of 200 tons. s. 2.

within four

And lastly-By 24 Geo. 3. sess. 2, c. 47, if any ship or ves- Extended to all sel shall be found at anchor, or hovering within the limits of vessels whatsoany of the ports of this kingdom, or within FOUR leagues of ever, found 'the coast thereof, (or within the following limits, that is to say, leagues, or in 'within a supposed straight line from Walney Island in Lanca- certain direc shire to Great Ormshead in Denbighshire-within a supposed-tions 'straight line from Burdsey Island in Carmarthenshire, to Strumblehead in Pembrokeshire-within a supposed straight line from the Lizard in Cornwall, to the Peall in Devon 'shire-within a supposed straight line from the Peall, to the 'Bill of Portland in Dorsetshire-within a supposed straight line from Cromer in Norfolk, to the Spurn Head in Yorkshire-within a supposed straight line from Flamborough Head in Yorkshire, to the Staples in Northumber land-or within a supposed straight line from the Mull of Galloway in Scotland, to the point of dyre in the Isle of Man. 34 Geo. 3. c. 50. s. 8.) or which shall be discovered 'to have been within the said limits' (such ship, or vessel, not proceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity and distress of weather, of which the master shall give notice, and make proof before the collector or chief officer of customs of any port within the limits of which such vessel shall be found, immediately after the arrival of such vessel within the limits of such port), having on board any brandy or other spirituous liquors, in any cask which shall not contain 60 gallons at the least' (except only 'for the use of the seamen on board, not exceeding two gallons VOL. IV. Mm

Boats and other vessels of certain descriptions which shall be found

within certain Jianits.

each; or having on board any wine in casks; (provided such vessel having wine on board shall not exceed sixty tons burthen); or having on board 6lb. weight of tea, or 201b. weight of coffee (or any tobacco or snuff, which together or separately shall exceed one hundred weight; or any tobacco-stalks manu. factured or unmanufactured; or any tobacco-stalk flour, or snuff work. 29 Geo. 3. c. 68. s. 12); or having on board ANY GOODS WHATSOEVER, liable to forfeiture, upon being imported into Great Britain; then not only all such goods, but also the vessel on board which they shall be found, with all her guns, furniture, ammunition, tackle and apparel, shall be forfeited. s. 1.

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But no ship or vessel on a voyage from any part of. America or the East or West Indies, or Africu, or the MediterraS nean, shall be subject to forfeiture for having spirits, tea, coffee, or tobacco or suuff on board. 34 Geo. 3. c. 50. s. ki...

Also on any information for the forfeiture of any vessel, on account of any goods therein, evidence may be received to shew, from the small quantity of the goods, that they were on board without the privity of the owner or master; and on proof thereof, such vessel shall not be forfeited, in case the same shall exceed one hundred tons burthen, 24 Geo. 3, sess. 2. c. 47. s. 2.

But the goods so found on board, whether with or withoutthe privity of the master, shall be forfeited; and the person' in whose possession the said goods shall be found, shall forfeit treble the value thereof.

S. 3..

And all vessels belonging in the whole, or in part, to any of his majesty's subjects, called cutters, luggers, shallops, or wherries (of what built soever), and all vessels of any other description, whose bottoms are clench work, unless they be square rigged or fitted as sloops, with standing bowsprits ; and all vessels, the length of which shall be greater than in the proportion of three feet and an hulf to one foot in breadth (cxcept vessels employed in the pilchard fishery, duly licensed, according to 25 Geo. 3. c. 58. s. 4* ), 'und all ships or vessètr

That is to say, the collector of the salt duties in any port, upon demand of the owner of any such vessel or boat, and security given ás after mentioned, may grant such owner a licence, to be subscribed by such officer, specifying the tonnage of such vessel, and describing the built thereof, with respect to length and breadth, and who is the owner thereof, which licence the officer is to register, and no fee shall be taken for such licence, nor for registering the same; and the owner shall give security by bond to his majesty, in double, the value of the vessel, to be approved by such officer, which bond the officer is to pro vide, without receiving any fee, except the stamp duties thereon, with condition that such vessel shall not be employed in the importation or landing of any tea or foreign spirituous liquors, or any prohibited or other goods, contrary to 24 Geo. 3. sess. 2. c. 27, or of any other act, or in the exportation of any goods prohibited to be exported, or in the re-landing of any goods whatsoever, contrary to law, which are entered outwards for exportation, for any drawback or bounty,

belonging as afosreaid armed for resistancet, 24 Geo: 3. sess. 2. c. 47. s. 4. (and also any cutter, lugger, shallop, wherry, sloop, smack, or yaul, belonging as aforesaid, having a bowsprit which shall exceed in length more than two thirds. of the length of such vessel, from the fore part of her stem, to the aft side of the stern-post aloft, whether the same shall be a standings or running bowsprit, 27 Geo. 3. c. 32. s. 1. which shall be found within the limits of any of the ports of this kingdom, or within four leagues thereof, shall be forfeited, together with the goods laden thereon, and all her guns, tackle and furniture. 24 Geo. 3. sess. 2. c. 47. s. 4. 27 Geo. 3. c. 32. s. 1.

And it is further enacted, by 34 Geo. 3. c. 50, that every cutter, lugger, shallop, wherry, smack, or yawl, belonging in whole or part to subjects(of any built whatever the same may be, 35 Geo. 3. c. 51), except cutters, luggers, shallops, wherries, macks, and yawls, wholely and solely employed in the cod, herring, mackarel, or other fisheries, which shall have on board a sufficient quantity of hooks and lines, or nets for carrying on the fisheries, and shall clear out of some port in Great Britain which shall be found or discovered to have been within the limits of any of the ports of this kingdom, or within the distance of four leagues from the coast thereof, or within a supposed straight line of the places before specified, shall be forfeited, together with all the goods laden thereon, and all her guns, tackle and furniture. s. 7. 11.

And so much of sec. 5 of the stat. 24 Geo. 3. as extends to permit any such cutter, lugger, shallop, wherry, smack, yawl, or boat, to have arms on board, shall be repealed: and in case any such shallop, wherry, smack, yawl, or boat shall be found or discovered to have been within the limits of any of the ports of this kingdom, or within the distance of four leagues from the coast, or within a supposed straight line of any of the places before specified, having on board any arms or ammunition whatever, except by licence from the Admiralty, the same shall be forfeited, together with all the goods (if any) laden thereon, and all her guns, tackle and furniture, and the same may be seized by any officer of customs or excise. s. 6. 11.

By 42 Geo. 3. c. 82. from and after 22d June, 1802, every Former atte ship, vessel, and boat described in stat. 24 Geo. 3. c. 47. or extended to vessels found any other act passed for the extending the provisions thereof, within eight on for the better prevention of smuggling, and which would, leagues of tire nader any of the provisions of the said acts,be subject to forfei- coast. ture for hovering, or being found to have been within four

og which are prohibited to be used or worn in Great Britain, on failure whereof such licence shall be void, and such vessel shall be liab e to seizure and prosecution in the same manner as if no licence had Leen granted. 25 Geo. 3. c. 58. s. 4.

But this shall not prevent any vessel from having on board two carriage guns of the calibre not exceeding four pounds, and small as, not exceeding two muskets for every ten men 24 Gen. 9. seser $.. 47. s. 5.

Sce note preceding.

Exception.

Vessel to be

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Icagues of the coast of Great Britain shall, together with all goods laden on board, and the guns, furniture, ammunition, tackle, and apparel, be subject to forfeiture, if hovering or found to have been within eight leagues of the coast, under any of the circumstances in the said act specified, and the said act, and all other acts in force on and immediately before 22d June, 1802, and all clauses, provisions, powers, authorities, forfeitures, penalties, restrictions, exemptions, exceptions, matters, and things therein contained, relating to ships, vessels, or boats hovering, or found to have been within four leagues of the coast, and also relating to any goods on board, and the guns, furniture, ammunition, tackle, and apparel, shall extend and shall apply and be in full force, and put in execution, as to all ships, vessels, and boats described in any such acts, which shall under any of the circumstances specified in any such acts, be hovering, or found to have been within eight leagues of the coast, and also to all goods laden on board, and the guns, furniture, ammunition, tackle, or apparel, in as ample a manner as if the said acts were expressly repeated in the present.

8. 1.

And all pains, as well paius of death as other pains, and all forfeitures, fines, and penalties, and all provisions, powers, authorities, rules, regulations, restrictions, exemptions and ex. ceptions contained in the said act, or any other act, in force on 22d June, 1802, and every clause, matter and thing therein contained, relating to any ships, vessels, or boats, described in the said act, or any other act for the prevention of smuggling, hovering or found to have been within four leagues of the coast, or to any goods laden on board, or any guns, furniture, ammunition, tackle, or apparel, or to any master or other person having command, or any other person on board of any such ship, vessel, or boat, shall extend, and shall apply and be in full force, and put in execution inɛ all cases, and for all purposes, as to all such ships, vessels or boats as aforesaid, hovering or found to have been within eight leagues of the coast, and as to all goods laden on board, and as to every master or person having the command, or other person on board, in as ample a manner as if the said acts were expressly re-enacted in the body of this act. s.2, 921

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2

But nothing in this act shall extend to alter such distance of four leagues as aforesaid, as to that part of the coast which is between the North Forcland on the coast of Kent and Beachy Head on the coast of Sussex and such distance of eight leagues, in this act mentioned, shall be measured in any direction between the southward and eastward of Beachy flead; and this act, and all the provisions thereof shall extend to such limits and distance of eight leagues in every direction from Beachy Head, although any part of such limits may exceed the distance of four leagues from any part of the coast of Great Britain to the eastward of Beachy Head. s. 3. u

If on any trial relating to the seizure or forfeiture of any such condemned if ship, vessel or boat, or tackle, apparel, guns, furniture, or

contraband

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