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us are in any act or parliament, passed for the prevention of smug- 47 Geo. 3. gling, described as to such respective distances of four and eight sess. 2. 6. 66. leagues, having on board, or having had on board during the voyage, any small cordage adapted and prepared for slinging small casks, or having on board, or having had on board during the voyage, any more ankers, half ankers, or other small casks under 60 gallons, or any tin or other cases, or bladders, of less content than 60 gallons (and capable of containing liquids), of the sort or description used, or intended to be used, or fit or adapted for the smuggling of spirits, than shall be really necessary for the use of the said vessel; or any materials for the forming, making, or constructing of any such small casks, or cases, or bladders, or having on board, or having had on board during the voyage, any syphon, tube, hose, or implements whatsoever, for broaching or drawing any fluid, more than is usual and necessary to have on board for the fair and ordinary purposes of use in the voyage, and not being a part of the cargo, and included as such in the regular official documents; or having on board, or having had on board during the voyage, any articles, implements, or materials, adapted and prepared for the re-packing any tobacco or snuff which may be on board, or have been on board, during the time ; or if any boat rowed with, or constructed for rowing, with more than six oars (a) shall be found, or discovered to have been, hovering or within such respective limits or distances of four or eight leagues, every such vessel or boat, and her tackle, &c. together with the said implements, ankers, casks, and materials, shall be forfeited, and shall and may be seized by any officer of His Majesty's army, navy, or marines, or of customs or excise. (b)
Rule 80. In case any tobacco or snuff be found on board any vessel Tobacco or or boat, belonging in the whole or in part to His Majesty's subjects, sausaini
sels divided or whereof one half of the persons on board shall be subjects of His Majesty, which shall be found or discovered to have been within the packages, limits of any port or harbour of the United Kingdom, or in any port or harbour of the United Kingdom, or in any part of the British or Irish channels, or elsewhere, in the high seas, within 100 leagues of the coasts of Great Britain or Ireland, (except for the use of the seamen, not exceeding the quantity now allowed by law for the use of such seamen) which, although contained in a package or packages of legal size and dimensions, shall nevertheless be st pa ated or divided within the package into smaller packages (c) either by cords or strings, or any other article or thing introduced into the package, or in any manner whatever ; or if any other goods, or any article whatever, be found in any package of tobacco, all such tobacco or snuff, with the package, and every article contained therein, and also the vessel or boat, her tackle, &c. shall be forfeited, and shall and may be seized by any officer of His Majesty's army, navy, or marines, or of customs or excise. (6)
Rule 81. Every vessel belonging in the whole or in part to his Vessels Inden Majesty's subjects, or whereof one half of the persons on board shall in foreigo be subjects of His Majesty, which shall have been laden with or shall
(a) See TITLE 2, Rule 54.
47 Geo. 3.
have taken on board any spirits, tobacco, or snuff
, or tea, in any foreign 6e85. 2. C. 66. port belonging to any state or power at war with His Majesty, or shall
have received or taken any such articles on board from any vessel or boat, coming out of or from any such port in any greater quantity than shall be necessary for the use of the men on board of such vessel for the voyage, without a special licence from His Majesty's privy council, or from the lords commissioners of the admiralty, or from one of His Majesty's secretaries of state, shall be forfeited, and shall and
may be seized by any officer of His Majesty's army, navy, marines, or Limitation of customs or excise : (a) provided always, that no such seizure shall be
made after the expiration of six months from the time of such vessel having so laden or taken on board such spirits, tobacco, snuff, or tea,
as aforesaid. (B) Protectious,
Rule 82. No person found on board of any vessel or boat liable to 15. seizure under this act, or any act of parliament passed for the pre
vention of smuggling, shall be entitled to claim the benefit of any protection which may have been granted to secure such person from being impressed into His Majesty's service, or to which he may be entitled under any act of parliament, or any law, or in respect to any such vessel having letters of marque ; but every such protection of every person so found as aforesaid shall be absolutely null and void ; and also, it shall be lawful for any officer of the army, navy, or ma
rines, or of customs or excise, to detain or to take and carry any such Impressing. person,
liable to be arrested and detained under this act, or 45 Geo. 3. being a seaman or seafaring man, to any vessel of war in His Majesty's service, or to the custody of any officer employed in His Majesty's impress service; and any such person being such seaman or seafaring man as aforesaid, may thereupon, if fit (c)
(a) As to militia, volunteers, and half-pay officers, see Rules 83, 99, and 100, of this title.
(6) By 48 Geo. 3. c. 84. $ 9. all persons being subjects of His Majesty who shall voluntarily, and without licence, or other sufficient lawful authority, and without sufficient excuse for the same, proceed in any vessel or boat to any road or barbour upon the coast of any of His Majesty's enemies, or shall be found in any vessel or boat lying in such place, without authority or sufficient excuse as aforesaid, or under the protection of any batteries or other force there, or of any vessel belonging to His Majesty's enemies, having on board, or having had on board, on such voyage, or being there with intent to take on board, any spirits, tea, tobacco, or snuff, shall be deemed guilty of felony, and shall be liable to be transported for any term not exceeding seven years.
(c) By 49 Geo. 3. c. 62. $ 3. when any person arrested under 45 Geo. 3. c. 121, or the above act, shall be refused by any proper naval officer, to be received in His Majesty's naval service, such person shall forfeit 1001. Officers of the army, navy, marines, customs, or excise, are required to convey the said person before a justice of the peace, who, upon proof on oath by a credible witness, that such person has been so refused, is to hold such person to bail with two or more sufficient sureties in 1001, each for his appearance, to answer to any information that may be exhibited against him in that behalf, and to pay such pepally; and in default of his finding such bail, or until it be found, the justice may commit him to prison, there to remain until he shall pay such penalty, or be delivered by due course of law,
By 56 Geo. 3. c. 104. $ 27. every person who now is, or hereafter shall or inay be, arrested or detained by virtue of 45 Geo, 3. c. 121. or the above act, and who, by virtue of the said acts or either of them, is or would have been liable to be impressed into His Majesty's naval service, shall be liable to serve His Majesty in the said service, and to be detained in the said service, in the same manner, and for the same period of time, as in the said acts, or either of them, is mentioned ; and every person and officer, who by the said acts or either of them
to pay pe
and able to serve His Majesty, be impressed into His Majesty's naval service ; 47 Geo. 3, and no person so impressed sball, unless he shall be disabled or become unfit s-ss, 2.c. 66. for service, be discharged from His Majesty's service during the period of five Discharge. years, nor after the termination of such five years, until the conclusion of any war in which His Majesty may be then engaged, and all the provisions and penalties in the said act of 45 Geo. 3. contained, as to discharging any man entering into His Majesty's service under the said act, shall extend to men so impressed under this act; and no person so impressed shall forfeit any such pe- Persons imnalty of treble value, or 1001. as in the said act mentioned, unless he shall de- pressed not sert His Majesty's service, or quit the same without being duly discharged, any thing in the said act, or in any act of parliament to the contrary notwitlistand- nalty. ing; and the commissioners of customs or escise of England, Scotland, and Reward to Ireland, respectively, are hereby required, upon proof made to their satisfaction persons takthat any such men have been so impressed and detained in, or delivered over to,
ing men. His Majesty's naval service, and also of the vessel or boat in which they shall be found being liable to seizure, or of such person being liable to be detained as aforesaid, to award to the person so detaining and delivering over any such man or men, any sum not exceeding 201. for each man so detained or delivered over. (a)
Rule 83. All she provisious in this or any other act, in relation to the mak. Powers of ing of any seizures by any officer of His Majesty's aimy, or to the arresting or seizure.co detaining ang man liable to be arrested or detained under any act of parliament militia, yoluna passed for the prevention of smuggling, shall extend to all officers of the militia while embodied, or of the volunteers, or any other of His Majesty's military forces, while on service, and subject io the provisions of any act in force for the punishment of mutiny and desertion.
Rule 84. Every vessel or boat, belonging in the whole or in part to His Provisions, Majesty's subjects, or whereof one half the persons on board shall be subjects etc. regarding of His Majesty, and being or falling within the provisions of, or description contained in, any act of parliament in force on the passing of this act, and 100 leagues, which would, by virtue of any such acı, be liable to forfeiture for bovering, or $17. being found and discovered to have been, within four or eight leagues of such part of the coasts of Great Britain and Ireland respectively, as are in any such act of parliament described, as to such respective distances of four and eight leagues, shall, with all the goods laden on board, and the tackle, &c. be subject to forfeiture, if found in any part of the British or Irish channels, or elsewhere on the high seas, within one hundred leagues of any part of the coasts of Great Britain or Ireland, under any of the circumstances specified in any such act; and all the clauses contained in any act of parliament relating to any such vessel or boat hovering, or found or discovered to have been, within such four or eight leagues of the coast of Great Britain or Ireland, and also relating to any goods laden on board any such vessel or boat, and the tackle, &c. thereof, are hereby declared severally to extend to every such vessel or boat which shall be
vessels ex tended to
might or would have been authorized to receive and detain any such person as in the said acis or either of theid is mentioned, is hereby declared to be authorized so to do, in the same manner as if every such person or officer had been authorized so to do by any impress warrant issued for that purpose.
(a) By 59 Geo. 3, c. 6. in all cases wherein the commissioners of customs or excise of England, Scotland, and Ireland respectively, shall award any sum not exceeding 20!. to any officer, non-commissioned officer, petty oflicer, seaman, ur private, of His Majesty's army, navy, or marines, or acting under the orders of the lords commissioners of the admiralty, for any person arrested, con. victed, or committed to prison, the same shall be divided and distributed in such proportions, and according to such regulations and orders, as His Majesty shall by his order in council, or by his royal proclamation in that behalf, be pleased to direct and appoint.
47 Geo. S.
Where sei. zures to be
found as aforesaid in any part of the British or Irish channels, or elsesess. 2. c. 66. where on the high seas, within 100 leagues of any part of the coast of
Great Britain or Irelanı, and also to all goods laden on board any such vessel or boat, and the tackle, &c. thereof, in as full a manner as if the said several clauses relating thereto were particularly re-enacted in the body of this act.
Rule 85. It shall be lawful for any warrant or other non-comor non-com; missioned officer, not being below the rank of a sergeant in the army, ficers may who shall be approved of by the officer for the time being comseize, $ 30. manding the regiment in which he serves, as proper and qualified for
the service, to patrole with any number of soldiers under his command, for the purpose of preventing illicit practices on the revenue, and to seize, without having any deputation or commission from the commissioners of customs or excise for that purpose, any vessel or boat, or cart or carriage, or cattle, or any goods or things whatever, which shall be subject to forfeiture by this or by any other act of parliament now in force for any offence against the revenue of customs or excise: provided always, that such warrant or other non-com
missioned officer, on the making of any such seizure, shall bring, or lodged.
cause the same to be brought, without loss of time or unnecessary delay, to His Majesty's warehouse at the nearest custom house to which such seizure can conveniently be brought, and there deposit the same in the custody and under the charge of the proper officer of customs, in case the seizure shall be made under any act for securing the revenue of customs, or under the charge of the proper officer of excise, in case it be made under any act for securing the revenue of excise, and shall in all respects, in regard to the prosecution or delivery of any such seizure, conform to the regulations, to which the officers of customs and excise are now, in case of such seizures made
by them, respectively subject. (a) Signals to
Rule 86. No'person shall, after sun-set and before sun-rise, besmugglers,
tween the 21st September and the 1st April, or after the hour of eight in the evening and before the hour of six in the morning, between the last day of March and the 22d September, make, or aid in the making, or be present for the purpose of aiding in the making, any light, fire, flash, or blaze, or any signal by smoke, or by any rocket, fireworks, flags, firing of any gun or other fire-arms, or any other contrivance or device in or on board, or from any vessel or boat, or on or from any part of the coast or shores of Great Britain, or within six miles of any part of such coast or shores, for the purpose of making or giving any signal to any person on board anysmuggling vessel or boat, whether such person so on board of such vessel or boat be or be not within sight or distance, to see or hear any such light, fire, flash, blaze, or signal; and if any person shall, contrary to this act, make or cause to be made, or aid in the making, or be present for the purpose of aiding in making, any such light or signal, such person so offending
(a) By 48 Geo. 3. c. 84. § 5. all the powers and provisions in any act of par. liament passed for the prevention of smuggling in relation to the arresting and detaining persons, are to extend to every warrant and non-conimissioned officer of the army, not being below the rank of sergeant, who shall be approved of by the commanding officer of the regiment in which he serves, for the purpose mentioned in the above ací.
As to half-pay officers, see Rule 100 of this title.
Persons may be carried
shall be guilty of a misdemeanor; and it shall be lawful for any officer of cus• 47 Geo. 3. toms or excise, or any other person, to arrest and detain, and io convey such sess. 2. c. 66. person before any one or more of His Majesty's justices of the peace, residing near to the place where such offence shall be committed, who, if he or they before a jus see cause, shall commit the offender to the next county-gaol, there to remain tice. until the next court of oyer and terminer, great session or gaol-delivery, or until such person shall be delivered by due course of law; and in case an indicta ment be found or information filed against him, he shall forthwith plead found. thereto, and shall be tried thereon, without having time to traverse the saine, is is usual in cases of misdemeanors; and it shall not be necessary to prove in any such indictment or information, that any vessel or boat was actually Proof of purhovering or off the coast or shore, or found or discovered to have been within pose for any limits or distances mentioned in this act, or any act passed for the preven- which vessel tion of smuggling; and the offender being duly convicted thereof shall
, by or
was hovering der of the court before whom such offender shall be convicted, either forfeit 1001. or at the discretion of such court, be sentenced to or committed to the common gaol or house of correction, there to be kept to hard labour for any term not exceeding one year. (a)
Rule 87. In case any person be charged with, or indicted for, having made Proof of puror caused to be made, or been aiding in making, or been present for the pur- pose of makpose of so making, or aiding in making or giving any such light or signal, the ing signals, burden of proof that such light, or other thing, was not made with such in- $35. tent, shall be upon the defendant against whom such charge is made or such indictment is found.
Rule 88. It shall be lawful for any person whatsoever to extinguish any Signals may such light or other contrivance or device, made, and to enter and go into and be put out, upon any lands for that purpose, without being liable to any indictment or ac- $37. tion for the same.
Rule 89. In all cases where any officer or seaman, employed in the service Provisions for of customs or excise, shall be killed, maimed, or wounded in the due execution officers, seaof this act, or any other act relating to the revenue of customis or excise, or men, and fapassed for the prevention of smuggling, it shall be lawful for the commissioners miles, $ 42. of customs and excise in England, Scotland, or Ireland, to make such provision for every such officer or seaman su maimed or wounded, or for the widows and families of such as shall be killed, as they shall be authorised 10 do by warrant from the lords commissioners of the treasury.
Rule 90. In all cases where any person shall be convicted of any offence as When penalaforesaid, before the court of quarter sessions, or before any justice or justices ties are mitiof the peace out of session, and such court, or justice or justices, shall mitigate gated, andrathe penalty incurred, such court of quarter sessions, &c. are respectively hereby
cognizance required to take a recognizance from the offender, in double the amount of the taken, $ 43. sum in which he may have been convicted, which recognizance shall be given to His Majesty, with condition that if such offender shall at any time, within three years from the date of such conviction be again convicted of any offence against any law now in force or hereafter to be made, relative to the revenue of customs or excise, that such offender shall forfeit to His Majesty the amount of the sum in which he may have been convicted, after deducting the sum paid according to such mitigation; and in every case where such recognizance shall become forfeited, it shall be lawful for the said court, or any
(a) By 59 Geo. 3. c. 121. $ 5. in every such case where any offender or offenders shall be so convicted of such offence as aforesaid, and shall, in lieu of paying any such penalty, be sentenced to or committed to the common gaol or house of correction, it shall be lawful for the commissioners of customs and excise respectively to order and direct any sum not exceeding 251, to be paid out of any money in the hands of the receiver-general of the customs and excise respectively, to any person or persons who shall have informed against, discovered, or prosecuted, any such offender as aforesaid.