9G.2.c.35. §23. Foreign goods taken in at sea,

within four leagues of the British coast.

Forfeiture of

such ship having Frohibited goods

on board.

5 G. 3. c. 43. Vessels hovering

within two leagues of the

coast.

24 G. 3. sess. 2.

c. 47. hovering within four leagues.

sioners; in which case he shall be liable to be sued by the owner for recovery of the value of his goods with full costs; or if the commissioners shall give no directions for delivery of the goods, the owner nevertheless may sue for them with costs and damages.

By stat. 9 G. 2. c. 35. § 23. If any foreign goods shall by any ship or boat be taken in at sea, or put out of any ship within four leagues from the coast, without payment of the customs and other duties (unless in case of necessity, or for a lawful reason, of which the person having charge of such ship so taking in, shall give immediate notice and make proof, before the chief officer of the customs of the first port where he shall arrive), the same shall be forfeited, and the person having such charge, and every person aiding or con、 cerned therein, shall forfeit treble value; and the vessel into which the same shall be taken shall be forfeited, if it exceed not 100 tons; and the person having the charge of the vessel out of which they are taken shall also forfeit treble value; half to the king, and half to him that shall seize or sue.

And by the 19 G. 3. c. 69. § 2. When any tea, coffee, foreign spirituous liquors, or any goods whatsoever, are liable to forfeiture for being found on board any ship coming from foreign parts, at anchor, or hovering within the limits of any port, or within two leagues of the coast, or for having been discovered to have been within the limits of any port contrary to any act of parliament then in force; the ship, if coming from any part of Europe, together with her tackle and furniture, shall be forfeited, provided such ship doth not exceed 200 tons.

And by 9 G. 2. c. 35. § 29. Any officer of the customs or excise (producing his warrant of deputation, if required) may go on board any coasting vessel, and search for prohibited and uncustomed goods, and continue on board during the vessel's stay within the limits of the port; and if any person shall obstruct him, he shall forfeit 1001.

By stat. 5 G. 3. c. 43. § 38. Where any vessel coming from foreign parts, having on board 20lbs. weight of coffee, or any goods liable to forfeiture by any act now in force on being imported, shall be found at anchor, or hovering within the limits of any port, or within two leagues of the shore; or shall be discovered to have been within the limits of any port, and not proceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity and distress of weather, of which the master or other person having charge of the vessel shall give notice to or make proof before the collector or other chief officer of the customs, immediately after the arrival of the vessel in such port; all such goods, together with the chests, boxes, casks, and other package, or the value thereof, shall be for. feited, whether bulk shall have been broken or not; and the vessel also, with her tackle, furniture, and apparel, shall be forfeited, provided such vessel doth not exceed the burden of 50 tons (and by 3 G. 3. c. 22. and the 5 G. 3. c. 43. § 38. half the produce, after the sale thereof (charges deducted), to be to the king, and half to the officer who shall make the seizure.)

And by 24 G. 3. sess. 2. c. 47. § 1. If any vessel shall be found at anchor, or hovering within the limits of any port, or within four leagues of the coast, or shall be discovered so to have been, and not proceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity (of which the person in charge shall

give notice and make proof to the proper officer), having on board 24 G. 3. sess. 2. any brandy or other spirituous liquors, in any vessel or cask not c. 47. containing 60 gallons at least (except only for the use of the seamen, not exceeding two gallons for each), or having on board any wine in casks (provided such ship having wine on board shall not exceed 60 tons burden), or having on board 6lbs. weight of tea, or 20lbs. weight of coffee, or any goods whatever liable to forfeiture, not only all such goods but also the ship, with all her guns, &c. and tackle, shall be forfeited.

§ 2. Provided, that in any suit for forfeiture, evidence may be received to shew, from the small quantity of goods, and other circumstances, that they were on board without the privity of the owner or master, or other person in charge; and on proof thereof, and that there was no want of reasonable care, such vessel shall not be forfeited, if of more than 100 tons burden.

3. But the goods so found on board, whether with or without the privity of the master, shall be forfeited; and the person in whose charge or possession they shall be found shall forfeit treble value.

And by 34 G. 3. c. 50. § 8. If any vessel having on board any brandy or other spirituous liquors in any cask not containing 60 gallons at the least (except for the use of the seamen, not exceeding two gallons each); or having on board any wine in casks (provided such vessel having wine on board shall not exceed 60 tons burden); or having on board 6lbs. of tea, or 20lbs. of coffee, or any tobacco or snuff, which, taken together or separately, shall exceed one hundred weight; or any goods whatsoever liable to forfeiture; shall be found at anchor, or hovering, or to have been within the distance herein set forth, (that is to say), within a supposed straight line from Walney Island in Lancashire, to Great Ormshead in Denbighshire; or from Burdsey Island in Carnarvonshire, to Strumble Head in Pembrokshire; or from The Lizard in Cornwall, to The Prall in Devonshire; or from The Prall aforesaid to The Bill of Portland in Dorsetshire; or from Cromer in Norfolk to the Spurn Head in Yorkshire; or from Flamborough Head in Yorkshire, to The Staples in Northumber land; or from The Mull of Galloway in Scotland, to the point of Ayre in the Isle of Man; such vessel not proceeding on her voyage (wind and weather permitting), unless in case of unavoidable ne cessity (of which notice and proof shall be immediately given by the person in charge of the vessel to the officers of the customs); then not only all such goods but also such vessel, with her guns, tackle, and furniture, shall be forfeited.

By stat. 57 G. 3. c. 87. § 5. reciting that whereas by an act 57 G. 3. c. 87. made in the 45th year of the reign of his present majesty, for the more effectual prevention of smuggling, it is enacted, that every person being a subject of his majesty, who shall be found or taken on board, or discovered to have been on board any ship, vessel, or boat liable to forfeiture under any of the provisions of that act, or liable to forfeiture under the provisions of any other act or acts, for being found or having been at anchor or hovering within any such distances of any of the dominions of his majesty, with such goods ou board as subject such ship, vessel, or boat, or goods to forfeiture, and who shall not prove that he was only a passenger on board such ship, vessel, or boat; and every person found aiding or assisting in unshipping to be laid on land, or found carrying,

57 G. 3c. 87.

or concealing any foreign brandy, rum, geneva, or spirits subject to forfeiture under that act, or any law or act relating to the revenue of customs or excise in the United Kingdom, shall forfeit for every such offence, either treble the value of the goods that shall be found or taken from such person or persons, or the sum of 1001. at the option and subject to the election and discretion of the commissioners of customs or excise respectively, who shall direct any prosecution or suit to be commenced against any such person, such penalty of treble the value, or of 1001. as the case may be, to be recovered as any like penalty may be recovered under any act or acts relating to the revenue of customs or excise in the U. K., and that one half of every such penalty of treble value or of 1001. shall go and be applied to the use of the person or persons finding and taking and detaining such person, or informing for the same, and that such person shall also be liable to such other punishment as may by any law or act of parliament be inflicted on any such offender; and that it shall be lawful for any officer or officers of the army, navy, marines, customs, or excise, and he and they is and are thereby authorized, empowered, and required to stop, arrest, and detain every such person being a subject of his majesty, and to convey the said person before one or more of his majesty's justices of the peace residing near to the port or place into which such ship, vessel, or boat shall be taken or carried, or near to the place where any such person shall be so taken or arrested; and it shall be lawful for such justice or justices of the peace, and he and they is and are thereby required, upon proof on oath by one or more credible witness or witnesses that such person was so found or taken or discovered as aforesaid, unless any such person found or taken, or having been on board of any such ship, vessel, or boat, shall prove to the satisfaction of such justice that he was only a passenger on board such ship, vessel, or boat, to hold such person to bail, with two good and sufficient sureties in the sum of 1007. each, for the appearance of such person to answer to any indictment or information that may be brought against him in that behalf, and to pay such penalty and abide any judgment for any such offence; and in default of any such person finding such good and sufficient bail as aforesaid, or until the same shall be found, to commit such person to any gaol or prison or house of correction, to answer as aforesaid: provided, that if any such person so found or discovered and taken shall be capable and desirous of entering and serving as a seaman or marine in any of his majesty's ships of war, it shall be lawful for the officer or officers of the army, navy, or marines, or of the customs or excise, by whom such person was taken, arrested, and detained as aforesaid, or for any justice of the peace before whom any such person may be carried, and such officer and officers is and are thereby authorized, empowered, and required, instead of taking such person before any justice, and such justice is thereby authorized, instead of holding any such person to bail, to carry and convey or cause to be carried or conveyed such person on board any of his majesty's ships of war, in order to his being entered and received as a seaman or marine; and whereas it is expedient, for the more speedy conviction and punishment of all such offenders, that such justice and justices should respectively have power and authority to hear and determine forthwith any information against any such person or persons arrested

under the said recited or any other act or acts of customs or excise 57 G. 3. c. 87. for the prevention of smuggling, without any previous commitment

ment.

Conviction.

of such person as aforesaid to prison; it is enacted, "that it shall Persons found and may be lawful to and for any such justice or justices of the on board smugpeace before whom any such person so arrested as aforesaid, being gling vessels to a subject of his majesty, and not being fit and able to serve his Pay down the penalty on conmajesty in his naval service, shall be carried, on the confession of viction before a any such person of any such offence as aforesaid with which he may justice, who may be charged in any information or complaint to be then and there commit them in default of paylaid or exhibited by any officer of customs or excise against him, or on proof thereof on the oath of one or more credible witness or witnesses, to convict such person in such penalty respectively as aforesaid; and every such person so convicted as aforesaid shall immediately on such conviction pay down into the hands of such officer the said penalty in which he or she shall be so convicted; and if any such person or persons so convicted shall not forthwith pay down the said penalty, the said justice or justices shall and he and they is and are hereby respectively authorized and required, by warrant under his or their hand and seal, to commit the person so convicted as aforesaid to any gaol or prison or house of correction until such penalty shall be paid."

Foreign smuggling vessels, in shall be one or

which there

By stat. 59 G. 3. c. 121. § 1. after reciting, that whereas by the Vide stat. laws now in force certain vessels and boats, belonging in the whole 45 G. 3. c. 121. or in part to his majesty's subjects, or whereof one half of the for other propersons on board are subjects of his majesty, if found or discovered visions for the effectual preven to have been within certain distances of the coasts of Great Britain tion of smugand Ireland, having on board foreign spirits, tea, tobacco, or snuff, gling. are liable to forfeiture, and every person on board, being a subject of his majesty, is liable to be arrested and taken before a justice of the peace, and not proving to be a passenger, to be fined or impressed into his majesty's naval service: and whereas the intention of those laws are defeated by foreign vessels and boats having on board his majesty's subjects, although not amounting to half, and also by some of such subjects pretending to be passengers: it is therefore enacted," that if any foreign smuggling vessel or boat, in which there shall be one or more subjects of his majesty, whether mariners or persons pretending to be passengers, shall be found or discovered to have been within four leagues of that part of the coast of Great Britain 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 Great Britain or Ireland, having on board any foreign brandy, rum, geneva, or other spirits, in any cask or package of less size or content than sixty gallons (except only for the use of the seamen belonging to and on board such vessel or boat, not exceeding two gallons for each seaman); or any tea exceeding six pounds in the whole; or or snuff, in any cask or package whatever containing less than four hundred and fifty pounds weight, except loose tobacco for the use of the seamen on board such vessel or boat, not exceeding five pounds weight of tobacco for each seaman, and except such tea or manufactured tobacco or snuff as shall have been duly shipped for exportation as merchandize on board such vessel or boat from some port or place in Ireland; such vessel or boat, together with all the goods laden therein, shall be forfeited, and shall and may be seized,

any tobacco

the

more subjects of his majesty, found within certain leagues of coast, having on board spirits in casks of less content than 60 gallons; or tea,

or tobacco, exceeding a certain

quantity; shall be forfeited with the cargo; and such persons shall be prosecuted.

59 G. 3. c. 121. prevention of smuggling; and every such subject of his majesty, who shall be found on board such vessel or boat, shall be liable to all the pains and penalties, and shall and may be detained, prosecuted, convicted, or delivered over to his majesty's navy, in like manner as persons being subjects of his majesty, and found on board vessels or boats liable to forfeiture, belonging wholly or in part to his majesty's subjects, or whereof one half of the persons on board are subjects of his majesty, may, by any law or laws now in force, be detained, prosecuted, convicted, or delivered over to his majesty's navy; and the officer or officers detaining such person shall be allowed the like reward, and part or share of any penalty that may be recovered from any such person, as is now by law allowed and paid for the detention of persons in similar cases.'

How the leagues shall be measured.

57 G. 3. c. 87. Offenders able to serve in the navy may be impressed.

Escaping or deserting.

Reward to

Officers, &c. arresting such Person.

Justices not to accept bail.

2. Such distances of eight leagues shall be measured in any direction between the southward and eastward of Beachy Head, and the provisions of this act shall extend to such limits and distance of eight leagues in every direction from Beachy Head, although any part of such limits so extended may exceed the distance of four leagues before mentioned from any part of the coast of Great Britain to the eastward of Beachy Head.

And by 57 G. 3. c. 87. § 6. "In all cases where any person liable to be arrested under any of the acts made for the prevention of smuggling shall be fit and able to serve his majesty in his naval service, and liable under the said acts or any of them to be impressed into such service, every such person so arrested shall be taken before such justice or justices as aforesaid, and shall, upon such proof as by the said act of the 45th year aforesaid or any other act is required, be committed by such justice or justices to prison, to answer such information and abide such judgment as may be thereon given against him in that behalf; and it shall and may be lawful for the gaoler or keeper of any prison or house of correction in which such person shall be so imprisoned, or for any officer of customs or excise, on the order of the commissioners of customs or excise respectively directing the prosecution to such gaoler or keeper and officer respectively, to carry and convey or cause to be carried or conveyed any such person on board of any of his majesty's ships of war, in order to his being impressed into his majesty's naval service; and if such person shall at any time or times after any such commitment as aforesaid, and before the expiration of five years from the time of his arrest, escape or desert from or leave such custody or service, he shall, over and beside all punishment to which he shall be subject for such desertion, be liable to be at any time or times afterwards again arrested and imprisoned or delivered over as aforesaid: provided always, that every officer or other person who shall arrest any such person or persons as aforesaid, so that he shall be so convicted or committed to prison as aforesaid, shall be entitled to and shall thereupon have and receive the like reward as if such person or persons were delivered by him over to and impressed into his majesty's naval service; and provided, that no such justice or justices shall accept or receive any bail for any such person so arrested, who shall be fit and able to serve his majesty in his naval service, or liable under all or any of the said acts to be impressed into such service."