And by stat. 59 G. 3. c. 121. § 3. It is further enacted, that 59 G. 3. c. 121. when any person so committed as aforesaid and taken on board a Persons arrested ship of war shall be found not fit or able to serve his majesty in his under this or naval service, and shall be refused by any proper naval officer to be former acts, and received into such naval service, every such person shall forfeit found not fit for the navy, shall the sum of 1001.; and the gaoler, keeper, or other officer who so forfeit 100l. and carried and conveyed the said person on board the said ship of if not paid shall war, shall re-convey the said person before the said justice or jus- be imprisoned. tices of the peace who had previously, on proof as required by law, committed the said person to prison; and the said justice or justices is and are hereby authorized and required, to convict the said person in the said penalty of 1007.; and every such person so convicted as aforesaid shall immediately on such conviction pay down into the hands of the said officer who detained the said person, or into the hands of the justice or justices, to be applied according to law, the said penalty in which he shall be so convicted; and if any such person 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 afore. said to any gaol or prison or house of correction until such penalty shall be paid.

By stat. 58 G. 3. c. 76. § 1. after reciting the aforesaid provisions 58 G. 3. c. 76. of the 45 G. 3. c. 121. and the 57 G. 3. c. 87. and that it is expedient to extend the provisions of the said recited acts to all persons who are not subjects of his majesty found within a certain distance

of any of the dominions of his majesty; it is enacted, "that Penalty on every person, not being a subject of his majesty, who shall be foreigners found found or taken on board, or discovered to have been on board on board vessels any ship, vessel, or boat, within one league of any of the dominions liable to forfeiture assisting of his majesty, such ship, vessel, or boat being liable to forfeiture in conveying or under any of the provisions of the said recited act passed in the concealing 45th year of his present majesty's reign, or liable to forfeiture spirits. 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 on 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, not being a subject of his majesty, found within one league of any of the dominions of his majesty aiding or assisting in unshipping to be laid on land, or found carrying or conveying, concealing, or assisting in carrying away, conveying, or concealing, any foreign brandy, rum, geneva, or spirits subject to forfeiture under the said recited 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 100%., 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 Penalty how to 1001., as the case may be, to be recovered as any like penalty may be recovered and be recovered under any act or acts relating to the revenue of cus- applied. toms or excise in the united kingdom; and one half of every such penalty of treble the value or of 1001. shall go and be applied to the use of the person or persons finding and taking and detaining

Such persons may be arrested and taken before a justice, who may commit

them if penalty

be not paid.

58 G. 3. c. 76. such person not being a subject of his majesty, or informing for the same; and 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 it shall be lawful for any officer or officers of the army, navy, marines, customs, excise, or smuggling preventive boat service, and he and they is and are hereby authorized, empowered, and required to stop, arrest, and detain every such person, not 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 before whom any such person so arrested as aforesaid shall be carried, on the confession of any such person of any such offence as aforesaid with which he may be charged in any information or complaint to be then and there laid or exhibited by any officer of the 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; and it shall be lawful for the commissioners of the customs or excise in England, Scotland, or Ireland respectively, and they are hereby required, in cases where any such person has been so convicted and committed to prison as aforesaid, to award to the person so detaining any such man or men any sum not exceeding 201. for each man so convicted and committed to prison."

Commissioners may reward persons detaining offenders.

And by 24 G. 3. sess. 2. c. 47. § 4. all vessels, belonging in whole or in part to any of his majesty's subjects, called cutters, luggers, shallops, or wherries (of what built soever), or of any other description, whose bottoms are clench work, unless they shall be square rigged, or fitted as sloops, with standing bowsprits; and all vessels the length of which shall be greater than in the proportion of 34 feet to one foot in breadth [except vessels employed in the pilchard fishery duly licensed, 25 G. 3. c. 58. § 4.]; and all ships belonging as aforesaid armed for resistance [and by 27 G. 3. c. 32. § 1. cutters, luggers, shallops, wherries, sloops, smacks, or yawls, having a bowsprit which shall exceed in length more than two-thirds of the length of such cutter, &c. from the forepart of her stem, to the aft side of the stern post aloft, whether the same shall be a standing or running bowsprit,] which shall be found within the limits or distance before described shall be forfeited, together with the goods, if any laden thereon, [this only applies to the 24 G. 3.] and all her guns, tackle, and furniture.

By 34 G. 3. c. 50. § 7. the same is further extended to cutters, ·luggers, shallops, wherries, smacks, or yawls, belonging in whole or in part to any of his majesty's subjects, of the built therein particularly described [and by 35 G. 3. c. 31. § 1. the same shall extend to all such vessels of what built soever they may be], which shall

be found to been within the distance aforesaid or herein-after 34 G. 3. 9. 50. specified, shall be forfeited, together with the goods laden thereon, and all her guns, tackle, and furniture.

boats.

§ 9. And in case any open boat which shall be built for rowing Of the built of or sailing, or rowing and sailing, belonging in whole or in part to any of his majesty's subjects, and being of the length of 14 and under 18 feet, and the depth of which is greater than in the proportion of 14 inches to every foot in length, shall be found within the distance aforesaid, or upon land, the same shall be forfeited, and may be seized by any officer of excise or customs; unless such boat shall have plank of three fourths of an inch thick, and her timbers 14 inches square, and not more than nine inches distant from timber to timber; and if any such boat by this act declared to be forfeited shall be found on board, or shall belong to any cutter, lugger, shallop, wherry, smack, or yawl, such cutter, &c. shall also be forfeited, and may be seized by any officer of excise or customs.

§ 10. But nothing in this act shall extend to whale boats belonging to any vessel employed in the whale fisheries, and after the return of such vessel, laid up out of use.

By 28 G. 3. c. 34. § 10. If any open boat, belonging in whole 28 G. 3. c. 34or in part to any of his majesty's subjects, and being of the length of 23 feet and upwards, built and constructed for rowing or sailing, or rowing and sailing, the length whereof is greater than in proportion of 3 feet to one foot in breadth, be found within four leagues of the land, or upon land in Great Britain; or being of the length of 18 feet and under 24 feet, and the depth of which shall be greater than in the proportion of 14 inches to every foot in length, it shall be forfeited, and may be seized by any officer of excise or customs, together with the ship or vessel to which such boat belongs.

§ 11. And all open boats belonging as aforesaid of 24 feet and upwards, the depth of which shall be greater than in the proportion of one inch to one foot in length, may be seized as aforesaid.

§ 12. But nothing herein shall extend to boats belonging to or employed in the service of the navy, victualling, ordnance, customs, excise, or post-office, or used on any canal or inland navigation; or boats duly licensed, the licence being actually on board at the time of detention; or boats built of timber and planks of certain dimensions, particularly set forth in the act.

Arms and am

For regulations respecting the manner of licensing boats by the commissioners of customs, and delivering up of licences in cases of loss or capture of vessels licensed, vide statutes 52 G. 3. c. 141. 56 G. 3.c. 104. § 19-24., and 59 G. 3. c. 121. § 12, &c. And by 34 G. 3. c. 50. § 11. if any cutter, lugger, shallop, 34 G. 3. c. 50. wherry, smack, yawl, or boat, belonging as aforesaid, shall be found munition of such to have been within the distance by this act specified as afore- vessels. said, which shall have on board any arms or ammuniton, except duly licensed, the same shall be forfeited, together with the goods, if any, and the guns, tackle, and furniture, which may be seized by any officer of excise or customs.

Provided, that nothing herein shall extend to any vessel on a voyage from America, or the East or West Indies, Africa, or the Mediterranean, so as to subject the same to forfeiture for having

34 G. 3. c. 50. spirits, tea, coffee, tobacco, or snuff on board; nor to vessels employed in his majesty's service; or used solely on rivers, canals, or inland navigation; or duly licensed, as directed by the said act of 24 G. 3., and having such licence actually on board at the time of detention; nor to vessels having arms or ammunition on board regularly entered and cleared, and regularly stowed; nor to vessels wholly and solely employed in the fisheries, having sufficient hooks or nets on board proper for carrying on the same. Id.

19 G. 3. c. 69. Importing in

casks under size.

26 G. 3. c. 73. Strength of spirits imported.

19 G. 3. c. 69. Penalty on the master, mate, or

seamen,

§ 12. All seizures and forfeitures by this act are to be recovered and applied as is directed by the said act of 24 G. 3. c. 47.

By 19 G. 3. c. 69. § 1. Where any foreign spirituous liquors shall be imported from any part of Europe in any vessel not containing 60 gallons at the least (except only for the use of the seamen, not exceeding two gallons each), the same, and also the ship of whatever burden, with all her guns, tackle, and furniture, shall be forfeited.

By 26 G. 3. c. 73. § 60. And no foreign spirits shall be imported stronger than one to nine over hydrometer proof (except from the sugar plantations) on forfeiture thereof, with the casks and package, which may be seized by any officer of excise or cus

toms.

By 19 G. 3. c. 69. §7. Where the officers of customs or excise shall find on board any ship or vessel coming from foreign parts within the limits of any port of this kingdom, more than 100lbs. of tea (not being an East India company's ship), or more than 100 gallons of foreign brandy or other foreign spirituous liquors (over and above two gallons for every seaman), and being in casks under 60 gallons; the master, or other person taking charge of the ship, shall forfeit 300%. And the said officers or their assistants may arrest such master or other person, and carry him before a justice residing near, who shall before such justice enter into a recognizance of 3001. [with one sufficient surety, 26 G. 3. c. 77. § 9.] to appear in the court of exchequer within the first four days of the term next the arrest, to any information which may be exhibited against him; and the justice shall transmit the recognizance to the king's remembrancer in the said court. And if such person shall refuse to enter into such recognizance, the justice shall commit him to the next county gaol till he shall enter into such recognizance.

21 G. 3. c. 39. By the 21 G. 3. c. 39. § 1. If the master shall conceal or suffer Masters conceal- to be concealed by his mate or seamen, any quantity of foreign ing or importing spirituous liquors above two gallons for each seaman, or tea above clandestinely six pounds, or coffee above nineteen pounds; or clandestinely spirituous liimport, or suffer to be imported, any such foreign spirituous quors. liquors, or any other uncustomed goods whatsoever, whereby the owner of the vessel becomes liable to any penalties, or the vessel is liable to be forfeited; the master shall not only forfeit to the owner all his wages, but also treble value of such spirituous li quors, tea, coffee, or other uncustomed goods, over and above the penalties to which the master shall be liable by any law at the time of this act in force; to be recovered of such master by the owner, to his own use.

Mates or seamen.

§ 2, 3, 5. And if the mates or seamen shall conceal or import any of the said goods, above the quantities so allowed as aforesaid, they shall forfeit to the owner their wages, and also 10s. for every gallon of spirituous liquors, and 10s. for every pound

of tea or coffee; and if it be in time of war, the owner may send them for three years to serve on board any of his majesty's ships, unless they be old, disabled, or otherwise unfit. If it be in time of peace, and they shall not pay, and also if such persons disabled shall not pay, on conviction, one justice may commit them to gaol for three months, or not less than six weeks.

§ 6, 7, 8. Provided, that the justices may mitigate the penalties under this act, so as not to remit above one moiety: and the power of certiorari is taken away by this act, as to orders and proceedings of justices under it; and all suits and prosecutions under it must be in six months.

§ 4. And a printed copy of this act shall be put up and continued on some conspicuous part of every British trading vessel; on pain of the master forfeiting to the owner ls. a day for every omission, to be recovered by warrant under the hand and seal of one or more justices. [But no power is given to levy the same by distress.]

Vessels (not

being squarerigged) coming from any place

between Brest

and the Helder, &c. having on board for the use of the

seamen more

than the quanti

ty

herein specified of spirits, tea, or tobacco, such goods and vessels shall be

By stat. 57 G. 3. c. 33. § 1., After reciting (inter alia), that where- 57 G. 3. c. 33as great quantities of spirits, tea, and tobacco, have been run into that part of the united kingdom called Great Britain, without payment of duties, from ships and vessels making short voyages, under pretext that the same is for the use of the seamen on board the said ships and vessels; for remedy whereof, it is expedient that the quantities allowed for the use of the seamen in such cases should be reduced; it is enacted, that after 16th June 1817, "if any ship or vessel (not being square-rigged) coming from any place between Brest on the coast of France and the Helder Point on the coast of Holland, including the Texel Isle and all places on the Zuyder Zee, and all islands on the coast of France, the Netherlands, and Holland, between Brest and the Texel, shall arrive in any of the ports of that part of the united kingdom called Great Britain, or shall be found at anchor or hovering within the limits of any of the ports. thereof, or within four leagues of that part of the coast thereof 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 that part of the united kingdom called Great Britain, or shall have been discovered to have been within the said limits or distances, and not proceeding on her voyage, wind and weather permitting, unless in case of unavoidable necessity and distress of weather, of which necessity and distress the master or other person. having or taking the charge or command of such ship or vessel shall give notice and make proof before the collector or other chief officer of the customs of any port within the limits of which such ship or vessel shall be found, immediately after the arrival of such ship or vessel within the limits of such port, having on board, for the use of the seamen then belonging to and on board such ship or vessel any brandy or other spirituous liquors exceeding one half of a gallon for each seaman, or having on board any tea exceeding two pounds weight in the whole, or having on board any tobacco, except loose tobacco not exceeding one pound weight for each seaman; then not only all such goods, but also the ship or vessel on board which they shall be found as aforesaid, with all her guns, furniture, ammunition, tackle, and apparel, shall be forfeited, and shall and may be seized by any officer or officers of his majesty's army, navy, or marines, or of the customs or excise."

forfeited.