Vessels and
Boats.

in British or Irish Channels, or elsewhere within 100

Leagues of the
Ceast, with Spi-

rits or Tobacco

in certain Pack

ages, or with certain other

Goods on board, forfeited, together with

the Spirits, &c.

Any Foreign
Vessel (not
Square-rigged)

in which there

shall be One or

Kingdom, or shall be discovered to have been within the said Limits or Distances, having on board or in any Manner attached or affixed thereto, or having had on board or in any Manner attached or affixed thereto, or conveying or having conveyed in any Manner, any Brandy or other Spirits in any Cask or Package of less Size or Content than Forty Gallons (excepting only for the Use of the Seamen then belonging to and on board such Vessel or Boat, not exceeding Two Gallons for each Seaman), or any Tea exceeding Six Pounds Weight in the whole, or any Tobacco or Snuff in any Cask or Package whatever, containing less than Four hundred and fifty Pounds Weight, or packed separately in any Manner within any such Cask or Package, (except loose Tobacco for the Use of the Seamen, not exceeding Five Pounds Weight for each Seaman), or any Cordage or other Article adapted and prepared for slinging small Casks, or any Casks or other Vessels whatsoever capable of containing Liquids, of less Size or Content than Forty Gallons, of the Sort or Description used or intended to be used or fit or adapted for the Smuggling of Spirits, or any Materials for the forming, making, or constructing such Casks or Vessels, or any Syphon, Tube, Hose or Implements whatsoever, for the broaching or drawing any Fluid, or any Articles or Implements or Materials adapted for the repacking Tobacco or Snuff, (unless the said Cordage or other Articles as aforesaid are really necessary for the Use of the said Vessel or Boat, or are a Part of the Cargo of the said Vessel or Boat, and included in the regular official Documents of the said Vessel or Boat,) then and in such Case the said Spirits, Tea, Tobacco or Snuff, together with the Casks or Packages containing the same, and the Cordage or other Articles, and also the Vessel or Boat, with all her Guns, Furniture, Ammunition, Tackle and Apparel therein, shall be forfeited.

more Subjects of His Majesty found, or having been within certain Distances of the Coast, having on board Spirits, Tea or Tobacco in small Quantities, forfeited,

Foreign Ves

IV. And be it further enacted, That if any Foreign Vessel or Boat (not being Square-rigged), in which there shall be One or more Subjects of His Majesty, shall be found within Four Leagues of that Part of the United Kingdom which is between the North Foreland on the Coast of Kent, and Beachy Head on the Coast of Sussex, or within Eight Leagues of any other Part of the Coast of the United Kingdom, to be measured as aforesaid, or shall be discovered to have been within the said Distances, not proceeding on her Voyage, Wind and Weather permitting, having on board or in any Manner attached or affixed thereto, or having had on board or in any Manner attached or affixed thereto, or conveying or having conveyed in any Manner, any Brandy or other Spirits, in any Cask or Package of less Size or Content than Forty Gallons, (except only for the Use of the Seamen belonging to and on board such Vessel, not exceeding Two Gallons for each Seaman,) or any Tea, exceeding Six Pounds Weight in the whole, or any Tobacco or Snuff in any Cask or Package whatsoever, containing less than Four hundred and fifty Pounds Weight, or packed separately in any Manner within such Cask or Package, (except loose Tobacco for the Use of the Seamen, not exceeding Five Pounds Weight for each Seaman on board such Vessel,) that then such Vessel or Boat, with all her Guns, Furniture, Ammunition, Tackle and Apparel, shall be forfeited.

V. And be it further enacted, That if any Foreign Vessel what

soever shall be found within One League of the Coast of the sels found at United Kingdom, not proceeding on her Voyage, Wind and Wea- Anchor, or hovering within ther permitting, having on board or in any Manner attached or One League of affixed thereto, or having had on board or in any Manner attached Coast, having or affixed thereto, or conveying or having conveyed in any Manner, on board forfeitwithin such Distance, any Goods whatsoever, liable to Forfeiture able Goods, by this or any other Act relating to the Revenue of Customs, upon being imported into the United Kingdom, that then and in such Case the said Vessel, together with her Guns, Furniture, Ammunition, Tackle and Apparel, and all such Goods laden therein, shall be forfeited.

VI. And be it further enacted, That when any 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, shall be found within Four or Eight Leagues of the Coast of the United Kingdom as aforesaid, or shall be found as aforesaid in the British or Irish Channels, or elsewhere within One hundred Leagues of the Coast of this Kingdom, and Chase shall be given or Signal made by any Vessel in His Majesty's Service or in the Service of the Revenue, hoisting the proper Pendant and Ensign as hereinafter mentioned, in order to bring such Vessel or Boat to, if any Person or Persons on board such Vessel or Boat shall, during the Chase, or before such Vessel or Boat shall bring to, throw overboard the Cargo or any Part of the same (unless through unavoidable Necessity or for the Preservation of such Vessel or Boat, the said Vessel or Boat having a legal Cargo on board), or shall stave or destroy any Part of the Cargo to prevent Seizure thereof, that then and in such Case the said Vessel or Boat, with all her Guns, Furniture, Ammunition, Tackle and Apparel, shall be forfeited.

forfeited.

Vessels throw-
ing overboard
Goods during
Chace, Vessel,

&c. forfeited.

Brest, or Places

between Brest and Cape Finis

terre, having ou board for Use of Seamen Spirits, &c. exceeding a

certain Quan

VII. And be it further enacted, That if any Vessel (not being Vessels (not Square-rigged, nor a Galliott of not less than Fifty Tons Burthen) Square-rigged) or any Boat coming from Brest on the Coast of France, or from coming from any Place between Brest on the Coast of France and Cape Finisterre on the Coast of Spain, including all Islands on the Coast of France and Spain between those Places, or coming from any Place between the Helder Point on the Coast of Holland and North Bergen on the Coast of Norway, or from any Place as far up the Cattegat as Gottenburgh, including all the Islands on the Coasts between those Places, shall arrive in any of the Ports of the United Kingdom, or shall be found at Anchor or hovering within the Limits of any of the Ports thereof, and not proceeding on her Voyage, Wind and Weather permitting, having on board, for the Use of the Seamen then belonging to and on board such Vessel or Boat, any Spirits exceeding One Half Gallon for each Seaman, or having on board any Tea, exceeding Four Pounds Weight in the whole, or having on board any Tobacco (excepting loose Tobacco, not exceeding Two Pounds Weight for each Seaman), then not only all such Goods, but also the Vessel or -Boat, with all her Materials, shall be forfeited.

VIII. And be it further enacted, That if any Vessel (not being Square-rigged, nor a Galliott of not less than Fifty Tons Burthen) or any Boat coming from any Place between Brest on the Coast of France and the Helder Point on the Coast of Holland, including 3 B 4

the

tity, forfeited.

Vessels (not Square-rigged) coming from Places between

Vessels and
Boats.

Brest and the

Helder, having Use of Seamen, Spirits, &c. exceeding a certain Quantity, forfeited.

on board, for

Vessels within

certain Distan

ces of Guern

sey, &c. having

Goods liable as herein men

tioned, forfeited

with Goods and Packages.

Vessels sailing from Guern

sey, &c. with a

greater Number of Men than allowed, or taking on board small Cordage or other Articles, forfeited.

the Texel Isle, and all Places on the Zuyder Zee, and all Islands on the Coasts of France, the Netherlands, and Holland, between Brest and the Texel, shall arrive in any of the Ports of the United Kingdom, or shall be found at Anchor or hovering within the Limits of any of the Ports thereof, and not proceeding on her Voyage, Wind and Weather permitting, having on board, for the Use of the Seamen then belonging to and on board such Vessel or Boat, any Spirits exceeding One Half Gallon for each Seaman, or having on board any Tea exceeding Two Pounds Weight in the whole, or having on board any Tobacco, except loose Tobacco, not exceeding One Pound Weight for each Seaman, then not only all such Goods, but also the Vessel or Boat, with all her Materials, shall be forfeited.

IX. And be it further enacted, That if any Vessel or Boat, whether British or Foreign, shall be found or discovered to have been within One League of the Islands of Guernsey, Jersey, Alderney, Sark or Man respectively, not proceeding on her Voyage, Wind and Weather permitting, or within any Bay, Harbour, River or Creek of or belonging to any one of the said Islands, having on board or in any Manner attached or affixed thereto, or having had on board or in any Manner attached or affixed thereto, or conveying or having conveyed in any Manner within the said last mentioned Distances or Places, any Goods which, by this or any other Act relating to the Revenue of Customs, are liable to Forfeiture, upon being imported into, exported from or carried coastwise into the said Islands respectively, then and in such Case the said Vessel or Boat, with all her Guns, Furniture, Ammunition, Tackle and Apparel, and all such Goods as aforesaid with their Packages, and any other Goods which may be contained therein, shall be forfeited.

X. And be it further enacted, That if any Vessel or Boat, belonging wholly or in part to His Majesty's Subjects, or whereof Half the Persons on board are Subjects of His Majesty, shall sail from Guernsey, Jersey, Alderney, Sark or Man, navigated by greater Number of Persons than is allowed by this Act (as hereinafter mentioned), in a Vessel or Boat of like Size and Description; or if any Vessel or Boat shall sail from any of the said Islands, having on board, or which shall take or have taken on board during the Voyage, any small Cordage adapted for slinging small Casks or any more Ankers, Half Ankers, or other small Casks, or any Tin or other Cases, or Bladders of less Content than Forty Gallons, and capable of containing Fluids, of the Sort used for smuggling Spirits, than shall be necessary for the Use of such Vessel, or any Materials for making any such small Casks, Cases, Boxes or Bladders, or any Syphon, Tube, Hose or Implements for broaching or drawing off any Fluid, more than is usual and necessary for the fair and ordinary Purposes of the Voyage, or any Articles, Implements or Materials adapted for repacking Tobacco or Snuff on board, during the Voyage, such Ship, Vessel or Boat, with her Guns, Furniture, Ammunition, Tackle and Apparel, shall be forfeited, together with all such Articles as aforesaid.

XI. And be it further enacted, That no Vessel or Boat, belongJessels sailing om Guernsey, ing wholly or in part to His Majesty's Subjects, shall sail from c. without a Guernsey, Jersey, Alderney, Sark or Man, without a Clearance,

whether

Vessels and
Boats.

Clearance,

whether in Ballast or having a Cargo, and if with a Cargo the Master shall give Bond to His Majesty, in double the Value of the Vessel or Boat and of the Cargo, for duly landing the same at the Port for which the Vessel clears; and every such Vessel or forfeited. Boat not having such Clearance, or which having a Clearance for a Cargo shall be found light, or with any Part of the Cargo discharged before Delivery thereof at the Port specified in the Clearance, (unless through Necessity or for Preservation of the Vessel or Boat, to be proved to the Satisfaction of the Commissioners of His Majesty's Customs,) shall be forfeited.

XII. And be it further enacted, That if after the Departure from Guernsey, Jersey, Alderney or Sark respectively, of any Vessel or Boat belonging wholly or in part to His Majesty's Subjects, or whereof Half the Persons on board are His Majesty's Subjects, having on board any Spirits, Tobacco, Snuff, Tea or Wine, Bulk be broken, or any of the Cargo unladen or unshipped, or any Alteration be made in the Form, Size, Description or Number of the Packages shipped, or in the Quantity, Quality, or Mode of Package of the Goods therein, at any Time in the Prosecution of the Voyage towards the United Kingdom or any other Place for which the Vessel or Boat shall have cleared out, such Vessel or Boat, with her Tackle and Furniture, shall be forfeited; but no Forfeiture shall be incurred for breaking Bulk or unlading the Cargo, or any Part of it, through unavoidable Necessity and Distress, nor for any Alteration in the Cargo, if occasioned by Necessity or Accident, or made for the Preservation and Safety of the Vessel or Boat, such Necessity or Accident to be proved to the Satisfaction of the Commissioners of His Majesty's Customs. XIII. And be it further enacted, That if any Vessel or Boat whatezer shall be found within the Limit of any Port of the United Kingdom with a Cargo on Board, and such Vessel shall afterwards be found light or in Ballast, and the Master is unable to give a due Account of the Port or Place within the United Kingdom where such Vessel shall have legally discharged her Cargo, such Vessel or Boat, with her Guns, Furniture, Ammunition, Tackle and Apparel, shall be forfeited.

Vessels departing from Guernsey, &c. having Spirits, &c. breaking Bulk or unlading Cargo, &c. forfeited.

Proviso for ac

cidents, &c.

Vessels found within the Limits of a

Port with a terwards found Cargo, and af light, forfeited.

Vessels liable to Seizure, not

during Chace, may be fired at.

XIV. And be it further enacted, That in case any Vessel or Boat, liable to Seizure or Examination under any Act or Law for the Prevention of Smuggling, shall not bring to on being required bringing to so to do, on being chased by any Vessel in His Majesty's Navy, having the proper Pendant Ensign of His Majesty's Ships hoisted, or by any Vessel employed for the Prevention of Smuggling under the Authority of the Lords Commissioners of the Admiralty or the Commissioners of His Majesty's Customs, having a Pendant and Ensign hoisted, of such Description as His Majesty, by any Order in Council, or by His Royal Proclamation under the Great Seal of the United Kingdom, shall have ordered and directed, or shall from time to time in that Behalf order and direct, it shall be lawful for the Captain, Master or other Person having the Charge or Command of such Vessel in His Majesty's Navy, or employed as aforesaid (first causing a Gun to be fired as a Signal), to fire at or into such Vessel or Boat; and such Captain, Master or other Person acting in his Aid or Assistance, or by his Direction, shall be and he is hereby indemnified and discharged from any Indict

ment,

Vessels and
Boats.

Proviso for
Bail, &c. on

Prosecution for
wounding, &c.

Hoisting Flags in Imitation of

those used in His Majesty's Navy.

Penalty.

Officer may seize such

Flags, &c.

Boats, &c. used in Removal of Goods, forfeited.

ing to Vessels,

to have Name

of Vessel and

ment, Penalty or Action for Damages for so doing; and in case any Person or Persons shall be wounded, maimed or killed by any such firing, and the said Captain, Master or other Person, and any Person acting in his or their Aid or Assistance, or by his or their Direction, shall be sued, molested or prosecuted, or shall be brought before any of His Majesty's Justices of the Peace or other Justices, or Persons having competent Authority, for or on account of such firing, wounding, maiming or killing as aforesaid, all and every such Justice or Justices, Person or Persons, is and are hereby authorized and empowered, enjoined and required to admit every such Captain, Master or other Person or Persons so brought before him or them as aforesaid to Bail; any Law, Usage or Custom to the contrary notwithstanding.

XV. And be it further enacted, That if any Person or Persons shall, from and after the passing of this Act, wear, carry or hoist in or on board any Ship, Vessel or Boat whatever belonging to any of His Majesty's Subjects, whether the same be Merchant or otherwise, without particular Warrant for so doing from His Majesty or His High Admiral of Great Britain, or the Commissioners for executing the Office of High Admiral of Great Britain, His Majesty's Jack commonly called the Union Jack, or any Pendant, Ensign or Colours usually worn by His Majesty's Ships, or any Flag, Jack, Pendant, Ensign or Colours, resembling those of His Majesty, or those used on board His Majesty's Ships, or any other Ensign or Colours than the Ensign or Colours by any Proclamation of His Majesty now in force or hereafter to be issued prescribed to be worn, then, and in every such Case, the Master or other Person having the Charge or Command thereof, or the Owner or Owners being on board the same, and every other Person so offending, shall forfeit and pay the Sum of Fifty Pounds, which shall and may be recovered with Costs of Suit either in the High Court of Admiralty of England, or in any of His Majesty's Courts of King's Bench or Exchequer at Westminster or Dublin, or in the Courts of Session or Exchequer in Scotland respectively, or before any Two or more Justices of the Peace; and that it shall be lawful for any Officer of His Majesty's Navy, Customs or Excise, to enter on board any such Ship, Vessel or Boat, and to seize and take away any such prohibited Flag, Jack, Pendant, Ensign or Colours, and the same shall thereupon become forfeited to His Majesty's Use.

XVI. And be it further enacted, That all Vessels and Boats made use of in the Removal, Carriage or Conveyance. of any Goods liable to Forfeiture under this or any other Act relating to the Revenue of Customs, shall be forfeited.

XVII. And be it further enacted, That the Owner of every VesBoats belong- sel belonging in the Whole or in Part to any of His Majesty's Subjects, shall paint or cause to be painted upon the Outside of the Stern of every Boat belonging to such Vessel, the Name of Master painted. such Vessel, and the Port or Place to which she belongs, and the Master's Name withinside the Transum in White or Yellow Roman Letters, not less than Two Inches in Length, on a Black Ground, on pain of the Forfeiture of such Boat not so marked, wherever the same shall be found.

XVIII. And