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XVIII. And be it further enacted, That the Owner of every Boat, not belonging to any Vessel, shall paint or cause to be painted upon the Stern of such Boat in White or Yellow Roman Letters, of Two Inches in Length, on a Black Ground, the Name of the Owner or Owners of the Boat, and the Port or Place to which she belongs, on pain of the Forfeiture of such Boat not so marked, wherever the same shall be found.

Vessels and
Baats.

Boats not be

longing to Vessels to have Name of Owners painted. Vessels, &c. having double Sides

or Bottoms, or secret Places for concealing

Goods, for

XIX. And be it further enacted, That all Vessels and Boats belonging in the Whole or in Part to His Majesty's Subjects, having false Bulkheads, false Bows, double Sides or Bottoms, or any secret or disguised Place whatsoever in the Construction of the said Vessel or Boat, for the Purpose of concealing Goods, or having any Hole, Pipe or other Device in or about the Vessel or feited. Boat adapted for the Purpose of running Goods, shall be forfeited, with all the Guns, Furniture, Ammunition, Tackle and Goods found Apparel belonging to such Vessel or Boat; and all Goods liable concealed, forto the Payment of Duties or prohibited to be imported into the feited. United Kingdom, found concealed on board any Vessel or Boat, or in any of the Packages of Goods on board, or in or underneath the Ballast, or in any other Place on board such Vessel or Boat, shall be forfeited.

Licences.

XX. And be it further enacted, That all Vessels belonging in the Whole or in Part to His Majesty's Subjects (unless Square- Vessels not rigged;) and all Vessels whatsoever belonging as aforesaid, the Square-rigged Length of which shall be greater than in the Proportion of Three forfeited, unless Feet to One Foot in Breadth; and all Vessels belonging as afore- licensed, said armed for Resistance (otherwise than is hereinafter provided); and all Boats whatsoever belonging as aforesaid, which shall be found within any of the Limits or Distances as aforesaid; shall be forfeited, unless the Owners thereof shall have obtained a Licence for navigating the same from the Commissioners of His Majesty's Customs, as is hereinafter directed.

;

Vessels of

Tonnage herein mentioned to be navigated with a certain Number of Men, if exceeding specified Number, and found within

certain Dis

XXI. And be it further enacted, That no 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 (not being a Lugger and at the Time fitted and rigged as such), shall be navigated by a greater Number of Men (Officers and Boys included) than in the following Proportions; 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; tances, forand above that Tonnage, One Man for every Fifteen Tons of such feited, unless additional Tonnage; or if a Lugger, in the following Proportions, licensed. that is to say, if of Thirty Tons or under, Eight Men; if of Fifty Tons or under, and above Thirty Tons, Nine Men; if of Sixty Tons or under, and above Fifty Tons, Ten Men; if of Eighty Tons or under, and above Sixty Tons, Eleven Men; if of One hundred Tous or under, and above Eighty Tons, Twelve Men; and if above One hundred Tons, One Man for every Ten Tons of such additional Tonnage; and if any Vessel, Boat or Lugger belonging as aforesaid, and navigated with a greater Number of Men than in the Proportions before mentioned, shall be found within any of the Distances or Places aforesaid, the same shall be forfeited, un

less

Licences.

Licence not required for certain Vessels.

Licence to contain certain Particulars.

Before Licence granted to a Ship, Owners

by Bond in cer

less such Vessel, Boat or Lugger shall be especially licensed for that Purpose by the Commissioners of His Majesty's Customs.

XXII. Provided always, and be it further enacted, That nothing in this Act shall extend, or be construed to extend, to forfeit any Square rigged Vessel of the Burthen of Two hundred Tons or upwards by Admeasurement, for being armed for Resistance, having on board Two Carriage Guns of the Calibre not exceeding Four Pounds, and Small Arms not exceeding Two Muskets for every Ten Men, or any Vessel, Boat or Lugger belonging to the Royal Family, or being in the Service of the Navy, Victualling, Ordnance, Customs, Excise or Post Office, nor any Whale Boat or Boat solely employed in the Fisheries, or any Boat belonging to any Square rigged Vessel in the Merchants' Service, nor any Life Boat or Tow Boat used in towing Vessels belonging to licensed Pilots, nor to any Boat used solely in Rivers or Inland Navigation, on account of such Ship, Vessel, Boat or Lugger not being licensed as aforesaid.

XXIII. And be it further enacted, That every Licence granted by the Commissioners of His Majesty's Customs, for any Vessel requiring Licence under this Act, shall contain the proper Description of such Vessel, the Name or Names of the Owner or Owners, with his or their Place or Places of Abode, and the Manner and the Limits in which the same is to be employed, and if armed, the Numbers and Description of Arms, and the Quantity of Ammunition, together with any other Particulars which the said Commissioners may require and direct.

XXIV. And be it further enacted, That before such Licence shall be issued or delivered, or shall have effect for the Use of any Vessel, the Owner or Owners thereof shall give or cause to be to give Security given Security by Bond of Two or more sufficient Persons (being tain Conditions. Housekeepers) in Treble the Value of such Vessel (not exceeding in any Case the Sum of Three thousand Pounds for a Square rigged Vessel) with Condition as follows; that is to say, that the Vessel shall not be employed in the Importation, Landing or Removing of any prohibited or uncustomable Goods, contrary to the true Intent and Meaning of this Act, or any other Act relating to the Revenues of Customs or Excise, nor in the Exportation of any Goods which are or may be prohibited to be exported, nor in the Relanding of any Goods contrary to Law, nor shall receive or take on board or be found at Sea or in Port with any Goods subject to Forfeiture, nor shall do any Act contrary to this Act, or any Act hereafter to be made relating to the Revenues of Customs or Excise, or for the Protection of the Trade and Commerce of the United Kingdom, nor shall be employed otherwise than mentioned in the Licence, and within the Limits therein mentioned; and in case of Loss, Breaking up, or Disposal of the Vessel, that the Licence shall be delivered within Six Months from the Date of such Loss, Breaking up or Disposal of such Vessel, to the Collector or principal Officer at the Port to which such Vessel shall belong.

Delivery of Licence.

Licence Bond

XXV. And be it further enacted, That such Bond shall be given given at Port to at the Port to which such Vessel shall belong, and at no other without the Consent of the Commissioners of His Majesty's Customsfirst obtained; and the Persons who are to become such Security

which Vessel

belongs.

shall

shall be Persons, whether Owners or not, approved by the Collector and Comptroller of the Port where such Bond is given, and residing at or near such Port; and the Collector and Comptroller shall certify upon such Licence before they issue the same, that the Security required by Law has been given in respect of such Licence.

XXVI. And be it further enacted, That every Licence granted by the Commissioners of His Majesty's Customs, for any Boat requiring Licence under this Act, shall contain the Description of the Boat with the Name or Names of the Owner or Owners thereof, and his or their Place or Places of Abode, and the Manner and Limits in which such Boat is to be used, together with any other Particulars which the said Commissioners may require and direct ; and that the Owner or Owners of the said Boat shall give his or their own Security by Bond, in treble the Value thereof, with the like Condition as is hereinbefore required on Licences being granted for Vessels under this Act; and that such Bond shall not be liable to any Stamp Duty.

that

[blocks in formation]

Commissioners may restrict

Licences and

require fresh Security.

Revoked Licence delivered

up.

XXVII. And be it further enacted, That it shall be lawful for the said Commissioners of His Majesty's Customs to restrict the granting of a Licence for any Vessel or Boat, in any way they may deem expedient for the Security of the Revenue; and in case the said Commissioners shall have granted a Licence for any Vessel, and shall deem it necessary to require fresh Security for any Vessel which may have been licensed as aforesaid, they are hereby empowered so to do, by an Order in Writing to that Effect under their Hands; and a Copy of such Order shall be left either with the Owner or Owners of such Vessel, or with the Person in whose Custody the same shall then be; and from and after the Delivery of such Order as aforesaid, the Licence granted for such Vessel shall be deemed to be null and void, and the Owner or Owners is and are required to deliver up the said Licence to the Collector of the Customs at the Port to which such Vessel or Boat shall belong, within Three Months from the Day when such Order shall be delivered as aforesaid; and in default of such De- Penalty. livery, the Owner or Owners shall forfeit the Sum of One hundred Pounds; and if any Vessel or Boat requiring such Licence as aforesaid shall be found without such Licence, or shall be found or discovered to have been used or employed in any Trade or in any Limits other than such as shall be specified in such Licence that then and in such Case the said Vessel or Boat, with all her Guns, Furniture, Ammunition, Tackle and Apparel, and all the Goods laden on board, shall be forfeited.

Vessel employed without such

Licence, for

feited,

Port from

whence Vessels, &c. about to sail, to be re

XXVIII. And be it further enacted, That the Owner of every Licences taken Vessel or Boat which shall be licensed as aforesaid shall, before to Collector, at such Vessel or Boat, after obtaining such Licence, first proceeds to Sea, or departs out of any Port of the United Kingdom, or Isle of Man, bring or cause to be brought such Licence to the Collector or other proper Officer at the Port from whence such Vessel or Boat is about to depart, and the said Collector or other proper Officer is hereby required duly to register the same; and in default of the Owner bringing the same, or causing the same to be brought as aforesaid, the said Licence shall be null and void; and the Master, Commander or other Person having or taking the

Charge

gistered, and to be produced to Officers who may board

Vessel.

Licences.

Refusing to produce, &c. Vessel, &c. forfeited.

Vessels in course of Removal in order to obtain Certificate, not to be forfeited.

Counterfeiting
Licences.

Penalty.

If licensed Ves-
sel being lost,
&c. Licence
delivered up;
Licence lost,
Proof thereof.

Penalty.

Vessels and
Goods.

Charge or Command of any licensed Vessel or Boat, is hereby required to produce such Licence to any Officer of the Army, Navy or Marines, duly authorized and on Full Pay, or Officer of Customs or Excise, who shall board such Vessel or Boat within any of the Limits or Distances aforesaid, and shall demand a Sight of the same; and in case of Refusal to produce the same, or the same shall not be on board, or if the Licence produced for any Vessel shall be without an Indorsement thereon that the proper Security hath been given, that then and in such Case the Vessel or Boat shall be forfeited, with her Guns, Furniture, Ammunition, Tackle and Apparel.

XXIX. And be it further enacted, That it shall and may be lawful for the Commissioners of His Majesty's Customs, on Proof to their Satisfaction that the Master or Owner of any Vessel or Boat is desirous of removing such Vessel or Boat to the Port to which she belongs, for the Purpose of obtaining a Licence and giving the necessary Security for the same, to grant a Certificate to such Master or Owner of such Proof having been made; and in such Case, so long as such Vessel or Boat shall be in due course of her Voyage, Wind and Weather permitting, to the Port to which the Vessel or Boat belongs or is intended to belong, such Vessel or Boat shall not be liable to Forfeiture on account of not being licensed.

XXX. 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 so to be granted as aforesaid, 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.

XXXI. And be it further enacted, That whenever any licensed Vessel or Boat shall be lost, broken up, captured, burnt, seized and condemned, sold or otherwise disposed of, the Licence shall if be delivered up to the Collector or other proper Officer of the Customs at the Port to which such Vessel or Boat belongs, within Six Calendar Months from the Time thereof; or in case of the Licence being lost or taken by the Enemy, satisfactory Proof thereof, on Oath, shall be made within the same Period, before the Collector or other Chief Officer of such Port; and in default thereof the Owner or Owners, and the Master of such Vessel or Boat shall forfeit the Sum of One hundred Pounds.

XXXII. And be it further enacted, That if any Goods liable to the Payment of Duties shall be unshipped from any Vessel or Boat, (Customs and other Duties not being first paid or secured,) or if Uncustomed or any prohibited Goods whatsoever shall be imported into any Part prohibited of the United Kingdom; or if any Goods whatsoever, which shall Goods unhave been imported, warehoused or otherwise secured in the United Kingdom, either for Home Consumption or Exportation, shall be clandestinely or illegally removed from or out of any Warehouse or Place of Security; that thea und in such Case all such Goods as aforesaid shall be forfeited, together with all Horses and other Animals, and all Carriages and other Things made use of in the Removal of such Goods.

shipped, &c. illegally forfeited, together

with Horses,

&c.

XXXIII. And

XXXIII. And be it further enacted, That if any Goods which are or may be prohibited to be exported, shall be put on board any Vessel or Boat with Intent to be laden or shipped for Exportation, or shall be brought to any Quay, Wharf or other Place in the United Kingdom, in order to be put on board any Vessel or Boat for the Purpose of being exported; or if any Goods which are prohibited to be exported shall be found in any Package produced to the Officers of the Customs, as containing Goods not so prohibited, that then and in such Case not only all such prohibited Goods, but also all other Goods packed therewith, shall be forfeited.

Vessels and
Goods.

Goods prohi-
bited to be ex-
ported, shipped,
with Goods
&c. forfeited,

packed there-
with.

Goods liable to

Forfeiture may

Officers of

Army, &c.

XXXIV. And be it further enacted, That all Vessels and Boats, and all Goods whatsoever liable to Forfeiture, under this or any other Act relating to the Revenue of Customs, shall and may be be seized by seized in any Place either upon Land or Water, by any Officer or Officers of His Majesty's Army, Navy or Marines, duly authorized and on Full Pay, or Officers of Customs or Excise, or any Person having Authority to seize from the Commissioners of His Majesty's Customs or Excise; and all Vessels, Boats and Goods so seized shall, as soon as conveniently may be, be delivered into the Care of the proper Officer appointed to receive the same. XXXV. And be it further enacted, That if any Officer of the Customs, or any Officer of the Army, Navy or Marines, duly authorized and on full Pay, and any other Person or Persons whatsoever, employed by or under the Direction of the Commissioners of the Customs, shall make any collusive Seizure, or deliver up, or make any Agreement to deliver up, or not to seize, any Vessel or Boat, or any Goods liable to Forfeiture, or shall take any Bribe, Gratuity, Recompence or Reward for the Neglect or Nonperformance of his Duty, every such Officer or other Penalty and Person shall forfeit for every such Offence the Sum of Five hun- Incapacity. dred Pounds, and be rendered incapable of serving His Majesty

Officers making collusive Seizures or taking Bribes.

in any Office whatever, either civil or military; and every Person Offering who shall give or offer or promise to give any Bribe, Recom- Bribe, &c. pence or Reward, or make any collusive Agreement with any such Officer as aforesaid, to induce him in any Way to neglect his Duty, or to do, conceal or connive at any Act, whereby any of the Provisions of any Act of Parliament may be evaded, every such Per- Penalty. son shall, whether the Offer be accepted or performed or not, forfeit the Sum of Five hundred Pounds.

XXXVI. And be it further enacted, That it shall and may be lawful to and for any Officer or Officers of the Army, Navy or Marines, duly authorized and on full Pay, or for any Officer of Customs, producing his or their Warrant or Deputation (if required) to go on board any Vessel which shall be within the Limits of any of the Ports of this Kingdom, and to rummage and to search the Cabin and all other Parts of such Vessel for prohibited and uncustomed Goods, and to remain on board such Vessel during the whole Time that the same shall continue within the Limits of such Port; and also to search any Person or Persons either on board, or who shall have landed from any Vessel; provided such Officer or Officers shall have good Reason to suppose that such Person or Persons hath any uncustomed or prohibited Goods secreted about his Person; and if any Person shall obstruct, oppose or

molest

Officers may

board Vessels, and search for

prohibited and uncustomed

Goods

;

and may search

Persons.

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