doubted whe

ammunition thereof, or any goods laden on board the same, goods are on hovering, or being found to have been within any distances board, though mentioned in the said act or this act, or any other act made ther she was for the prevention of smuggling, or seized as or proceeded found within against for hovering, or so found, it shall appear to the jury the distance. that, from the evidence, it is doubtful whether such ship, vessel or boat, was within such distances; but it shall nevertheless at the same time be made appear that such ship, vessel, or boat, had on board prohibited goods, or goods liable to the payment of duties, and was then bound for or hovering on the coast, for the purpose of the clandestine importation of the same, it shall be lawful forsuch jury to find a verdict for the crown, in like manner as if it had been fully proved that such ship, vessel, or boat, was hovering or found to have been within such limits. s. 4.

Nothing herein shall extend to alter any such limits, or to any cases in which there shall not be doubt, as to whether meh ship, vessel, or boat, in respect whereof any such ques tion shall arise, was hovering, or found to be within such limits as aforesaid. s. 5.

to such vessels from the shore.

From and after 22d June, 1802, if any person shall after sun Penalty on set and before sun rise between 21st of September and the 1st of making signal April,or after eight in the evening, and before six in the morning, between the last day of Murch, and 22d day of September, make, oraid and assist in the making, or be present for the purpose of siding 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 giving any signal to any person on board any smuggling ship, vessel,or boat, or any ship, vessel, or boat hover. ing or found to have been within any distances mentioned, iù this or any former act, such person shall forfeit 100l. s. 6.

3

8..7.

the sessions

Such penalty of 100%. may be sued for within twelve months Which may be either by information or otherwise in the court of Exchequer, recovered and levied as any forfeiture under any act made for the secur. either in the Exing the revenue of customs, or by information or indictment chequer or as before the justices at the quarter sessions of the peace nearest to the place where such offence shall be committed; and three fourth parts shall be to his majesty, and the remaining fourth part to the person who shall inform, or sue. It shall be lawful for such justices, by their order or warrant How penalty to levy every penalty, incurred by any offender against this may he reco act, by distress and sale, rendering the overplus (if any) to the owner after deducting the charges of distress and sale; and in case such offender hath not goods or chattels sufficient, then without any warrant for the purpose, or if such penalty cannot be wholly fevied by virtue of the warrant issued, such justices may commit every such offender to the common gaol or house of correction, there, to remain, without bail or mainprize, for not exceeding twelve calendar months, unless the whole penalty thall be sooner paid. 3. 9.

vered.

And it shall be lawful for the commissioners of customs and excise, to order the charges of any prosecution before any justices at quarter sessions for any such offence, to be paid out of any money in the hands of the receiver-general; and in every case where the said court of Exchequer, or any such justices, shall, in lieu of levying such penalty, commit any such offender to a house of correction, the said commissioners may order any sum not exceeding 251. to be paid to any person who shall have informed against, or prosecuted any such offender. s. 8,

Officers may And it shall be lawful for any officer of the customs or excise ext nguish such and for all other persons acting in their aid, to put out, exsignals. tinguish,and destroy any such light, fire, or blaze,or any smoke, signal, rocket, fire-work, or other contrivance or device, and for that purpose to go on any lands without being liable to any action or prosecution for any trespass; and also to arrest every person who shall be found making, or aiding or assisting in making any such light, fire, blaze, smoke, signal, rocket, firework, or other contrivance or device: and such officers, and all persons acting in their aid, shall forthwith convey any per. son so arrested before one justice of the peace, and such jus tice shall proceed against such person as a rogue and vagabond, in manner herein-after mentioned, or if he see cause, require any such person to give bail in 2001. for his appearance to answer any prosecution for such offence, or in default of giv ing such bail,commit such person to the next county gaol, there to remain until the succeeding term, or next general or quar. ter sessions of the peace, as the case may be; and every per. son who shall assault, resist, oppose, molest, obstruct, or hin der any officer of customs or excise in any such duty, shall be liable to the like prosecution for the same, as any person is by law of customs or excise now liable to, for assaulting, re sisting, opposing, molesting, obstructing, or hindering any officer of customs or excise in the execution of their duty. s. 10.

Persors disco

Also every person who shall be found making, or aiding in the vered making making any such light, fire, or blaze, or signal as aforesaid, such signals to for be deemed ya- any such purposes as aforesaid, shall be deemed a rogue

granis.

and vagabond within 17 Geo. 2. c. 5. and shall be punishable as such; and all persons who shall be found offending against this act may be apprehended and conveyed before such justice as in the said act in relation to rogues and vagabonds is directed; and the justice before whom such offender shall be brought, may, upon proof of the offence in the manner in the said act directed, order such offender to be sent to the house of correc tion, there to remain until the next general or quarter sessions; and the justices at such sessions shall enter upon the examina tion of the case, and proceed therein according to the directions of the said act: and all justices,mayors, bailifis,constables, headboroughs, and other civil officers, are hereby empowered, to use their utmost endeavours to prevent the committing of any of the offences aforesaid by all lawful ways, and shall be hereby Indemnified. s. 11.

And all other the powers,authorities, rules, directions, punish.

ments, and provisions in the said act of 17 Geo. 2, for the apprehending, securing, and punishing rogues and vagabonds, not hereby altered, shall be applied and carried into execution in relation to the persons hereby declared to be rogues and va. gabonds. s. 12.

But no person shall be liable to be prosecuted for any of fence against this act, by both the ways prescribed; nor shall any person against whom any action, suit or information, for the recovery of a pecuniary penalty, hath been commenced, be liable to imprisonment as a rogue and vagabond; and where any person shall be convicted as a rogue and vagabond,such person shall not be liable afterwards to be prosecuted for any pecuniary penal ty.. s. 13.

to have the names of vessels thereon.

And the owner of every ship and vessel belonging as afore Boats belonge said, shall paint upon the outside of the stern of every boat ing to vessels, belonging to such vessel, the name of such vessel, and the port to which she belongs, and the master's name within side of the transum, in white or yellow Roman letters, not less than two inches in length, on a black ground, under pain of forfeiting such boat. 27 Geo. 3. c. 32. §. 2.

the owners

The owner of any boat not belonging to any vessel, shall Boats not be paint upon the stern of such boat in white or yellow Roman longing to ves letters, of two inches in length, on a black ground, the name sels, to have of the owner, and the place to which such boat belongs, under names and port pain of forfeiting such boat which shall be found within the limits thereon. of any of the ports of this kingdom, or within four leagues of the coasts thereof, without having the name of the owner of such

boat so painted. s. 3.

And all such forfeited vessels may be seized by any officer of customs or excise. 24 Geo. 3. sess. 2. c. 47. s. 33. 27 Geo. 3.

c. 32. s. 1, 2, 3. 34 Geo. 3, c. 50. s. 12,

But nothing in the above acts shall extend to any ship or ves- Exceptions, sebin the service of the Navy, Victualling, Ordnance, Customs, Excise, or Post Office, for her built, or for having on board arms or ammunition, nor to any; vessel whatsoever, the owner of which shall have a licence (pursuant to 24 Geo. 3. sess. 2. c. 47. s. 10.) for navigating the same, from the commissioners of the Admiralty, or any person authorised by them, for her built, or for having on board such arms or ammunition as she shall be licensed to have; nor to any lighters or barges, used solely in rivers or inland navigations: nor to any ships which shall have on board any arms or ammunition,entered and cleared at the Cus tom House, as merchandize, or for the use of his majesty's stores or garrisons, and regularly stowed in the hold, or which are put on board for necessary use and defence,by licence from the com. missioners of the Admiralty, for which license no fee is to be paid. 24 Geo. 5, sess. 2. c. 47, s. 7, 8, 27 Geo, 3. c. 32. s. 4. 34 Geo. 3. c. 50. 11.

And in case any cutter, lugger, shallop, wherry, sloop, smack or yawl, or any ship or vessel whatever, for which there shall have been obtained from the Admiralty a licence limiting the

ced vessels not

limits,

navigation or traile thereof, to and from, or within any particular place, shall be found in any place other than that to and from or within which she shall be licensed to navigate or trade, unless forced thither by necessity or distress of weather (or en gaged in any other trade or employment whatever within the date of the licence. 38 Geo. 3. c. 38. s. 12.) such vessel shall be seized, prosecuted, and disposed of in the same manner as she might in case of no licence having been procured for her, 27 Geo. 3. e. 32. s. 5, 6. 8.

And the master or commander so licensed, shall produce such licence to every officer of customs or excise, who shall board them within the limits above described, on the same being required; and in case the master shall not have such licence on board, or shall not produce the same to the officer, or if the li cence is produced without an indorsement thereon, that the proper security has been given to the collector of the port to which such vessel shall belong, such officer may seize the vessel, and the same shall be forfeited.

8.7.

Security to be And by 39 & 40 Geo. 3. c. 137, the owner of every ship, vesgiven by the sel, or boat which shall be licensed in pursuance of the act 24 owners of licen- Geo. 3. sess. 2. c. 47, or any subsequent act, shall before any to be out of the such ship, vessel, or boat, shall proceed to sea, or sail out of any port, or harbour, or creek, in this kingdom, give se curity by bond, in the manner directed by the acts, that such ship, vessel, and boat, shall not be found at anchor or hovering within the limits of any of the ports of this kingdom, or with❝ in four leagues of the coast thereof,' nor discovered to have been within the said limits or distance contrary to the said act of the 24 Geo. 3.; and also that such ship, vessel, or boat, shall not be found within the distances and situations described in the stat. 34 Geo. 3. c. 50. contrary to the directions of the said act; and also that such ship, vessel, or boat, shall not be employed, or be found or discovered to have been out of the limits within which such ship, vessel, or boat, shall be licensed to navigate or trade, contrary to the directions of the stat. 27 Geo. 3. c. 32. ; and also that such ship, vessel, or boat, shall not be engaged for or used in any trade or employment whatever, other than that described in the licence, contrary to the act 38 Geo. 3. c. 38, s, 12, and also that such ship, vessel or boat, shall not be used or employed in any other way or man. ner whatever, contrary to the laws in force relating to the re

1

*This security is, according to 24 Geo. 3. sess. 2. c. 47. 8. 10, to be by bond in double the value of the vessel, conditioned that she shall not be employed in the importation, exportation, or relanding of goods contrary to law.

And further by 36 Geo. 3. c. 82. s. 3, that in case such vessel shafl be lost,broken up, sold or otherwise disposed of that every license grant ed as above mentioned shall within the space of three months afterwards be delivered up to be cancelled.

venue or customs on and immediately before the passing of this act [viz. on the 20th June, 1800]. s 17.

But by 46 Geo. 3. c. 137, and 39 & 40 Geo. 3. c. 51, the owner of every vessel or boat, which shall be licensed in pursuance of any act,shall beforeany such vessel or boat proceed to sea or sail out of any port, harbour, or creek, give security by bond in the manner directed by the recited acts respectively, that such vessel and boat shall not be employed in the importation or landing of any tea or foreign spirituous liquors, or any prohibited or other goods, contrary to the true intent and meaning of any act of parliament which now is or hereafter may be in force, or in the exportation of any goods which are or may be prohibited to be exported from this kingdom, or in the re-landing of any goods whatsoever contrary to law, which are entered outwards for expor tation for any drawback or bounty, or which are or may be prohibited to be used or worn in Great Britain, and shall not be found in any part of the British or Irish chaunels or elsewhere on the high seas, within one hundred leagues of any part of the coast of Great Britain or Ireland, or discovered to have been within the said limits, having on board any spirits, tea, tobacco,or sunff,in any manner contrary to the true intent and meaning of the act of the 45 Geo. 3, and that the said vessel or boat shall not be employed or be found or discovered to have been out of the li mits within which the said vessel or boat is licensed to navigate or trade, and shall not be engaged for or used in any trade or employment whatever, other than that described and set forth in the licence for such vessel or boat, and that the said vessel or boat shall not be used or employed in any other way or manner whatever, contrary to the laws in force or hereafter to be made relative to the revenue of customs. s. 2.

the British

And by 45 Geo. 3. c. 121, If any vessel or boat, coming from Certain vessels foreign parts, and belonging wholly or in part to his majesty's found withia subjects, or whereof half of the persons on board shall be 100 leagues of subjects of his majesty (except any ship or other square-rigged coast with cer vessel,) shall be found in any part of the British or Irish chan-tan articles on nels, or elsewhere on the high seas,within 100 leagues of any part board forfeited. of the coasts of Great Britain or Ireland, or shall be discovered to have been within the said limits, having on board any foreign brandy, rum, geneva, or other spirits, in any cask of less size than 60 gallons, (except only for the use of the scamen on board, not exceeding 2 gallons each), or any tea exceeding 6lb. in the whole, or any tobacco or snuff in any package whatever less than 450lbs. weight, (except loose tobacco for the use of the seamen, not exceeding 5lbs. for such, and except such tea or manufactured tobacco or snuff as shall have been shipped for exportation as merchandize from some port in Ireland), then not only all such articles as aforesaid, together with the packages, but also every such vessel or boat, together with all the apparel thereof shall be forfeited, and may be seized by any officer of the navy or marines, or of the customs or excise. s. F. And any vessel or boạt not coming from foreign parts but