throw overboard any Part of the Lading of such Vessel or Boat, or shall stave or destroy any Part of such Lading to prevent Seizure thereof, that then and in such Case the said Vessel or Boat shall be forfeited; and all Persons escaping from such Vessels or Boats, or from any Foreign Vessel or Boat, during any Chase made thereof by any Vessel or Boat in Her Majesty's Service, or in the Service of the Revenue, shall be deemed and taken to be Subjects of Her Majesty, unless it shall be proved to the contrary. Vessels and Certain Vessels from which Goods are thrown over VI. And be it enacted, That from and after the passing of this Act every Vessel not being square-rigged, and every Boat, belonging in the whole or in part to Her Majesty's Subjects, or having on board One or more of Her Majesty's Subjects, which shall be board to prefound or discovered to have been within Four Leagues of that vent Seizure to Part of the United Kingdom which is between the North Foreland be forfeited. on the Coast of Kent and Beachy Head on the Coast of Sussex, or within Eight Leagues of any other Part of the United Kingdom, from which any Part of the Lading of such Vessel or Boat shall have been thrown overboard, or on board which Vessel or Boat any of the Goods on board shall be staved or destroyed, to prevent Seizure, shall be forfeited. the chased by Ves VII. And be it enacted, That in case any Vessel or Boat liable Vessels to bring to Seizure or Examination under any Act or Law for the Preven- to on being tion of Smuggling shall not bring to when required so to do, on sels or Boats of being chased by any Vessel or Boat in Her Majesty's Navy having the Navy or in proper Pendant and Ensign of Her Majesty's Ships hoisted, Preventive or by any Vessel or Boat duly employed for the Prevention of Service; not Smuggling having a proper Pendant and Ensign hoisted, it shall bringing to, may be lawful for the Captain, Master, or other Person having the be fired into. Charge or Command of such Vessel or Boat in Her 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 Indictment, Penalty, Action, or other Proceeding for so doing. found in Ballast, VIII. And be it enacted, That if any Vessel or Boat whatever Vessels in Port shall be found within the Limits of any Port of the United King- with a Cargo, dom with a Cargo on board, and such Vessel or Boat shall after- and afterwards wards be found light or in Ballast, and the Master is unable to give a due Account of the Port or Place within the United King. dom where such Vessel or Boat shall have legally discharged her Cargo, such Vessel or Boat shall be forfeited. &c. forfeited. IX. And be it enacted, That no Vessel or Boat belonging wholly Regulations as or in part to Her Majesty's Subjects shall sail from Guernsey, to Vessels sailJersey, Alderney, Sark, or Man without a Clearance, whether in ing from GuernBallast or having a Cargo, and if with Cargo the Master shall give sey, Jersey, &c. Bond to Her 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 Boat not having such Clearance, or which having a Clearance for a Cargo shall be found light or with any Part of her 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 U u 4 to None of Her Majesty's Sub jects to hoist in their Vessels the Union Jack, usually worn in 6 to the Satisfaction of the Commissioners of Her Majesty's Customs), shall be forfeited. X. And whereas His late Majesty King George the Third, by His Royal Proclamation, bearing Date the First Day of January 'One thousand eight hundred and one, was pleased, with the Advice of His Privy Council, to order and appoint what Ensign or 'Colours should be borne at Sea by Merchants Ships or Vessels 'belonging to any of His Majesty's Subjects of the United Kingdom of Great Britain and Ireland, and of the Dominions thereunto belonging, thereby charging and commanding all His Majesty's Subjects whatsoever that they should not presume to wear in any of their Ships or Vessels His Majesty's Jack com'monly called the Union Jack, nor any Pendants nor any such 'Colours as are usually worn by His Majesty's Ships, without particular Warrant for their so doing from His Majesty, or His High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Admiral for the Time being, and also commanding His Majesty's Subjects that without such Warrant as aforesaid they should not presume to wear on board their Ships or Vessels any Flags, Jacks, Pendants, or Colours 'made in imitation of or resembling those of His Majesty, or any Kind of Pendant whatsoever, or any other Ensign than the "Ensign described in the Margin of the said Proclamation;' be it therefore enacted and declared, That from and after the passing of this Act it shall not be lawful for any of Her Majesty's Subjects whomsoever to hoist, carry, or wear in or on board any Ship, Vessel, or Fishing Boat, or any other Vessel or Boat whatever, whether Merchant or otherwise, belonging to any of Her Majesty's Subjects, Her Majesty's Jack commonly called the Union Jack, or any Pendant or any such Colours as are usually worn by Her Majesty's Ships, or any Flag, Jack, Pendant, or Colours whatever made in imitation of or resembling those of Her Majesty, or any Kind of Pendant whatsoever, or any Ensign or Colours whatever, other than those prescribed by the said Proclamation; and that if any Person or Persons shall nevertheless presume to hoist, carry, or wear in or on board any Ship or Vessel, Fishing Boat, or other Vessel or Boat whatever, belonging to any of Her Majesty's Subjects, whether the same be Merchant or otherwise, Her Majesty's Jack commonly called the Union Jack, or any Pendant or Colours such as are commonly worn by Her Majesty's Ships, or any Jack, Flag, Pendant, or Colours whatever made in imitation of or resembling those of Her Majesty, or any Kind of Pendant whatever, without such Warrant as aforesaid, or any other Ensign or Colours than the Ensign or Colours prescribed by the said Proclamation to be worn, then and in every such Case the Master or other Person having Charge of such Ship, Vessel, or Boat, or the Owner or Owners thereof being on board the same, and every other Person so offending, shall for every such Offence forfeit and pay a Sum not exceeding Five hundred Pounds, to be recovered, with Costs of Suit, either in the High Court of Admiralty of England, or in any Vice Admiralty Court in Her Majesty's Colonies, or in any of Her Majesty's Courts of Queen's Bench or Exchequer at Westminster or Dublin, at the Suit of Her Majesty's Attorney General, or in the Courts of Session or Exchequer in 7 Scotland any Officer Scotland respectively; and that it shall be lawful for Vessels and Vessels used in run Goods to XI. And be it 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. XII. And be it enacted, That the Owner of every Vessel Boats of Vesbelonging in the whole or in part to any of Her Majesty's Subjects sels to have shall paint or cause to be painted, upon the Outside of the Stern thereon the of every Boat belonging to such Vessel, the Name of such Vessel, and the Port or Place to which she belongs, and the Master's Name withinside the Transon, 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. Name of Ves sel, Port, and Master. XIII. And be it enacted, That the Owner of every Boat not Boat not bebelonging to any Vessel shall paint or cause to be painted upon longing to Ships the Stern of such Boat, in White or Yellow Roman Letters of to have Name Two Inches in Length on a Black Ground, the Name of the of Owner and 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. Port thereon. ing to be paint not to be XIV. And be it enacted, That the Owner or Owners of every Vessels and Vessel or Boat employed on the Coasts of the United Kingdom Boats used in in piloting or fishing shall paint or tar every such Vessel or Boat, piloting or fishor cause the same to be painted or tarred, entirely Black, except ed Black, and the Name or other Description required by Law to be painted on such Vessel or Boat; and every such Vessel or Boat found painted like not so painted or tarred, and every Boat so painted as to resemble Preventive any Boat usually employed for the Prevention of Smuggling, or in Boats. any other Employment in Her Majesty's Service, shall be forfeited: Provided always, that nothing herein contained shall extend to prevent any distinguishing Mark from being placed on any such Vessel or Boat, or to prevent any such Vessel or Boat from being otherwise painted, if the Commissioners of Her Majesty's Customs shall think proper to allow the same, and which shall be so expressed in the Licence of the said Vessel or Boat. British Vessels having secret Places for concealing or De vices for run XV. And be it enacted, That all Vessels and Boats belonging in the whole or in part to Her Majesty's Subjects having false Bulkheads, false Bows, double Sides or Bottoms, or any secret or disguised Place whatsoever in the Construction of such Vessels or Boats adapted for the Purpose of concealing Goods, or having ning Goods, any Hole, Pipe, or other Device in or about such Vessels or Boats and Foreign adapted for the Purpose of running Goods, shall be forfeited, with Vessels not all the Guns, Furniture, Ammunition, Tackle, and Apparel belong- square-rigged ing to such Vessels or Boats; and that all Foreign Vessels having Goods Boats not being square-rigged coming to or arriving at any Port of the United Kingdom having on board any Goods liable to the or Payment in secret Places, forfeited. Vessels and Licences. Payment of Duties, or prohibited to be imported into the United Kingdom, concealed in false Bulkheads, false Bows, double Sides or Bottoms, or in any secret or disguised Place whatsoever in the Construction of such last-mentioned Vessels or Boats, shall be forfeited. XVI. And be it enacted, That all Vessels belonging in the whole or in part to Her Majesty's Subjects, not being square-rigged or Vessels requir- propelled by Steam, and all Vessels belonging as aforesaid, whether ing a Licence. propelled by Steam or otherwise, being of the Burden of One hundred and seventy Tons or less, of which the Length is to the Breadth in a greater Proportion than Three Feet Six Inches to One Foot, and all such last-mentioned Vessels carrying Arms for Resistance, and all Vessels of the Burden of One hundred and seventy Tons or more, belonging as aforesaid, armed with more than Two Carriage Guns of a Calibre exceeding Four Pounds, and with more than Two Muskets for every Ten Men, and all Boats belonging as aforesaid, which shall be found within One hundred Leagues of the Coast of the United Kingdom, shall be forfeited, unless the Owners thereof shall have obtained a Licence from the Commissioners of Her Majesty's Customs in the Manner herein-after described. Vessels and jesty's Subjects, or whereof Half the Persons on board are Subjects of Her Majesty, not to be navi. gated with a greater Number of Persons than herein XVII. And be it enacted, That every Vessel or Boat belonging in the whole or in part to Her Majesty's Subjects, or whereof One ing to Her Ma- Half of the Persons on board shall be Subjects of Her Majesty, (not being a Lugger, and at the Time fitted and rigged as such,' which 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; and above that Tonnage, One Man for every Fifteen Tons of such additional Tonnage; or, if a Lugger, then in the following Proportions; (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 Tons or under, and above Eighty Tons, Twelve Men; and if above One hundred Tons, One Man for every Ten Tons of such additional Tonnage; which shall be found within One hundred Leagues of the Coast of the United Kingdom shall be forfeited, unless such Vessel, Boat, or Lugger shall be especially licensed for that Purpose by the Commissioners of Her Majesty's Customs. mentioned, un less licensed. Certain Particulars to be inserted in Licences for XVIII. And be it enacted, That every Licence granted by the Commissioners of Her Majesty's Customs for any Vessel or Boat requiring Licence under this Act shall contain the proper Description of such Vessel or Boat, 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 Descriptions of Arms, and the Quantity of Ammunition, together with any other Particulars which the said Commissioners may require and direct, and that it shall be lawful for the said Commissioners to restrict the granting of of a Licence for any Vessel or Boat in any way that they may deem expedient for the Security of the Revenue. Licences. the Condition XIX. And be it enacted, That before any such Licence shall be The Owner to issued or delivered, or shall have Effect for the Use of such Vessel give Security or Boat, the Owner or Owners of every such Vessel or Boat shall by Bond, with give Security by Bond in the single Value of such Vessel or Boat, herein men with Condition as follows; (that is to say,) that the Vessel or Boat tioned. shall not be employed in the Importation, landing, or removing of any prohibited or uncustomed Goods contrary to the true Intent and Meaning of this Act, or any other Act relating to the Customs or Excise, nor in the Exportation of any Goods which are or may be prohibited to be exported, nor in the re-landing 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 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 or Boat, that the Licence shall be delivered up within Six Months from the Date of such Loss, breaking up, or Disposal of such Vessel or Boat to the Collector or principal Officer of Customs at the Port at which such Vessel or Boat shall belong, and that no such Bond given in respect of any Boat shall be liable to any Stamp Duty. XX. And be it enacted, That nothing herein contained shall Penalty of authorize the requiring any Bond in any higher Sum than One Bond not to exthousand Pounds, although the single Value of the Vessel or Boat ceed 1,000l. for which such Licence is to be issued may be more than One thousand Pounds. XXI. And be it enacted, That all Bonds given by Persons Licence Bonds under the Age of Twenty-one Years, in pursuance of the Direc- given by Minors tions herein contained, shall be valid and effectual to all Intents to be valid. and Purposes, any thing in any Act or any Law or Custom to the contrary in anywise notwithstanding. mentioned in the Licence, which is to be produced when XXII. And be it enacted, That when any Vessel or Boat shall Vessels not to be found or discovered to have been used or employed in any be used in any Manner or in any Limits other than such as shall be specified in Manner not the Licence hereby required, or if such Licence shall not be on board such Vessel or Boat, or shall not at any Time be produced and delivered for Examination to any Officer or Officers of the Army, Navy, or Marines, duly employed for the Prevention of demanded. Smuggling, and on full Pay, or any Officer of Customs or Excise demanding the same, then and in every such Case such Vessel or Boat, and all the Goods laden on board, shall be forfeited. XXIII. Provided always, and be it enacted, That nothing herein contained shall extend, or be deemed or taken to extend, to any Vessel, Boat, or Lugger belonging to any of the Royal Family, or being in the Service of the Navy, Victualling, Ord nance, Customs, Excise, or Post Office, nor to any Whale Boat or Boat solely employed in the Fisheries, nor to any Boat belonging to any square-rigged Vessel in the Merchant Service, nor to any nor to any Tow Boat belonging to licensed Pilots used in towing Vessels, nor to any Boat used solely in Rivers or Inland Navigation, Life Boat, Certain Vessels, Boats, and required to be licensed. Luggers not |