Vessels and Persons not to hoist Flags in those used in His Majesty's Navy. Imitation of 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 Penalty, 50%. 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 Convey ance of any Goods liable to Forfeiture under this or any other Act relating to the Revenue of Customs, shall be forfeited. (1) Vessels and Boats made use of in the Removal of Goods liable to For feiture to be forfeited. to Vessels, to Vessel painted upon the Out have Name of XVII. AND be it further enacted, That the Owner of Boats belonging every Vessel 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 such Vessel, and the Port or Place to which she belongs, and the Master's Name within (1) By whom may be seized, § 34; how shall be disposed of, § 62. side of Stern, and Master's Name within the Transum. Vessels and Boats not be longing to Vessels to have Name of Owners painted upon the Stern. Boats having double Sides or Bottoms, or concealing Goods, to be forfeited. side 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 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. XIX. AND be it further enacted, That all Vessels and Boats belonging in the Whole or in Part to His Majesty's secret Places for 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 Boat adapted for the Purpose of running Goods, shall be forfeited, with all the Guns, Furniture, Ammunition, Tackle, and Apparel belonging to such Vessel or Boat; and all Goods liable to the Payment of Duties or prohibited to be imported into the 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. Goods found concealed on board forfeited. Licences. Vessels not Square-rigged forfeited, unless licensed. XX. AND be it further enacted, That all Vessels belonging in the Whole or in Part to His Majesty's Subjects (unless Square-rigged ;) and all Vessels whatsoever belonging as aforesaid, the Length of which shall be greater than in the Proportion of Three Feet to One Foot in Breadth; and all Vessels belonging as aforesaid armed for Resistance (otherwise than is herein-after (1) 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 (2) for navigating the same from the Commissioners of His Majesty's Customs, as is herein-after directed. (1) See § 22. (2) See Vessel proceeding to proper Port to be licensed, § 29. in certain Distances, forfeited, unless licensed. XXI. AND be it further enacted, That no Vessel or Licences. Boat belonging in the Whole or in Part to His Majesty's Vessels to be Subjects, or whereof One Half of the Persons on board navigated with shall be Subjects of His Majesty (not being a Lugger and a certain Numat the Time fitted and rigged as such), shall be navigated ber of Men, if exceeding speby a greater Number of Men (Officers and Boys included) cified Number, than in the following Proportions; that is to say, if of and found withThirty 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, 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 Tous, Twelve Men; and if above One hundred Tons, One Man 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, unless such Vessel, Boat, or Lugger shall be especially licensed for that Purpose by the Commissioners of His Majesty's Customs. for 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 Licence not required for cer tain Vessels. Licences. Licence to contain certain Particulars. Before Licence granted to a Ship, Owners to Conditions. 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 give Security by for the Use of any Vessel (1), the Owner or Owners Bond in certain thereof shall give or cause to be given Security by Bond of Two or more sufficient Persons (being Housekeepers), in Treble the Value of such Vessel (not exceeding in any Case the Sum of Three thousand Pounds for a Squarerigged 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. Licence Bond to be given at the Port to which the Vessel belongs. XXV. AND be it further enacted, That such Bond shall be given at the Port to which such Vessel shall belong, and at no other, without the Consent of the Commissioners of His Majesty's Customs first obtained; and the Persons (1) See Bond for Boats, § 26. who are to become such Security 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 (1) 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 (2) as is herein-before required on Licences being granted for Vessels under this Act; and that such Bond shall not be liable to any Stamp Duty. Licences, Licence for Boat to contain culars. certain Parti may restrict Liquire fresh Security. cences and re XXVII. AND be it further enacted, That it shall be Commissioners 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 that 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; (1) Otherwise the Licence will not protect the Vessel from Forfeiture, see § 28. Revoked Licence to be dePenalty of 100% livered up, on |