34 Geo. 3. e. 50. [Rules 24, 25. this act shall not extend to any vessel on a voyage from any part of America, or the East or West Indies, or Africa, or the Mediterranean, so as to subject the same to forfeiture for having spirits, tea, coffee, or tobacco or snuff on board; nor to forfeit any cutter, lugger, shallop, wherry, smack, yawl, or boat, belonging to or employed in the service of His Majesty's navy, victualling office, ordnance, customs, excise, or post office; nor to any such vessel as aforesaid, or lighter which shall be used solely on any rivers, canals, or inland navigations; nor to any cutter, lugger, shallop, wherry, smack, yawl, or boat whatever, the owner of which shall have a licence from the lords commissioners of the admiralty, or any person authorized by them to grant the same, (a) and being actually on board such cutter, &c. at the time of her being detained or examined by any officer of customs or excise, and produced to him on demand, during such detension or examination; nor to subject to forfeiture any vessel for having arms or ammunition on board which shall have been regularly entered and cleared at any custom house in any of His Majesty's dominions, as merchandize, or for the use of His Majesty's stores or garrisons, and which shall be regularly stowed in the hold of such vessel; nor to forfeit any cutter, lugger, shallop, wherry, smack, yawl, or boat, which shall bona fide be wholly and solely employed in the cod, herring, mackerel, or other fisheries, carried on from Great Britain, and shall have on board a sufficient quantity of hooks and lines, or nets, for properly carrying on the said fisheries respectively, and shall clear out at some port in Great Britain for such fisheries respectively. 26 Geo. 3. Masters and for foreign transactions. Rule 24. It shall not be lawful for any officer of customs in Great c. 40. 15. Britain to permit any vessel to be cleared out for foreign parts, from mates to give any place whatever in Great Britain, until the master of such vessel bond, before and the mate of such vessel shall severally give security to His Maclearing out jesty, by bond, in the penalty of 2001. (which security shall be taken parts, not to by the collector, or other principal officer of customs, at such place,) be concerned with condition that such master of such vessel, or such mate, as the in illegal case may be, will not at any time thereafter land, or cause to be landed, any goods, in any part of this kingdom, in any manner which is or shall be prohibited by law, or take the same on board in order to their being so landed, nor be anywise concerned, or aiding, in fraudulently importing, unshipping, or landing the same, and will not hinder, molest, or oppose any of His Majesty's officers of customs or excise, or any other person assisting them, or either of them, in the due execution of their respective offices or employments: or until such master of such vessel shall produce a certificate, under the hand of the collector, or other principal officer of customs, at some other place in Great Britain, of such security having been before given at such other place, to such collector or other principal officer, by such master and mate. 32 Geo. 3. c. 50. § 9. Masters to give bond Rule 25. It shall not be lawful for any officer of customs in Great Britain to permit any vessel to be cleared out coastwise, from any place whatever in Great Britain, until the master of such vessel shall give security to His Majesty, by bond, in the penalty of 1007. (which security shall be taken by the collector or other principal officer of be concerned customs at such place,) with condition that such master of such vessel before clear ing out coastwise, not to in illegal transactions. (a) See Rule 32 of this title. will not any time thereafter land or cause to be landed, or permit to be landed, 39 Geo. 3. any goods, in any part of this kingdom, in any manner which is or shall be c. 50. prohibited by law, or to take the same on board in order to their being so landed, nor be any ways concerned, or aiding, in fraudulently importing, unshipping, or landing the same; and will not hinder, molest, or oppose any officer of customs or excise, or any other person assisting them in the due execution of their respective offices or employments; or until such master of such vessel shall produce a certificate under the hand of the collector or other principal officer of customs at some other place in Great Britain, of such security having been before given at such other place, to such collector or other principal officer by such master. Owners to give bond that vessel be not illegally Rule 26. In lieu of the bond required by 39 & 40 Geo. 3. c. 51. the owner 46 Geo. 3. of every vessel or boat which shall be licensed in pursuance of any act of par- c. 137. § 9. liament, shall, before any such vessel or boat proceed to sea, or sail out of any port, harbour, or creek in this kingdom, give security by bond in the manner directed by the said act and 24 Geo. 3. sess. 2. c. 47. (a) that such vessel and boat shall not be employed in the importation or landing of any tea or foreign employed, nor spirituous liquors, or any prohibited or other goods, contrary to the true intent out of limits and meaning of any act of parliament which now is or hereafter may be in of licence. force, or in the exportation of any goods which are or may be prohibited to be exported from this kingdom, or in the re-landing of any goods whatsoever contrary to law, which are entered outwards for exportation for any drawback or bounty, or which are or may be prohibited to be used or worn in Great Britain, and shall not be 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 coast of Great Britain or Ireland, or discovered to have been within the said limits, having on board any spirits, tea, tobacco, or snuff, in any manner contrary to 45 Geo. 3. c. 121. [TITLE 5.] and that the said vessel or boat shall not be employed or be found or discovered to have been out of the limits within which the said vessel or boat is licensed to navigate or trade, and shall not be engaged for or used in any trade or employment whatever, other than that described in the licence for such vessel or boat, and that the said vessel or boat shall not be (a) In double the value of the vessel. By 56 Geo. 3. c. 104. § 23. security shall be given by the owner or owners of every vessel or boat, for which a licence shall be required, in treble the value thereof instead of in double the value, such security to be given under the same regulations as enacted by the laws in force on the 1st July, 1816, as far as the same are applicable thereto; and the owner or owners of any such vessel or boat so requiring a licence, shall give the necessary security for the same at the port to which such vessel or boat shall belong, and no other, and the persons who are to become such security for the same shall be persons approved by the collector and controller of customs, sufficient and responsible, and residing at or near the same port. By 59 Geo. 3. c. 121. § 12. in respect of every vessel (being square-rigged) and of the value of 10001 and upwards, for which a licence shall be required, the owner or owners shall give security in the sum of 3000l. and not in any greater sum; but subject nevertheless to the same regulations, and forfeitures, as are provided by the laws now in force, as far as the same are applicable thereto. By 53 Geo, 3. c. 47. the collector or other principal officer of customs in any port in Great Britain is required to take the like bonds as have heretofore been given and executed by mates of British merchant vessels from any person appointed to serve as mate on board of any British merchant vessel who shall have attained the age of eighteen years, and all such bonds shall be as good, valid, and effectual, in law and equity, as if the persons executing the same had attained the full age of 21 years. used or employed in any other way whatever contrary to the laws in force, or hereafter to be made, relative to the revenue of customs. Rule 27. Every vessel belonging in the whole or in part to His Majesty's subjects, or whereof one half of the persons on board shall be subjects of His Majesty, exceeding the burthen of 50 tons by admeasurement, which shall be rigged or fitted as a lugger, shall, with her tackle, &c. be forfeited, and shall and may be seized by any officer of His Majesty's army, navy, or marines, or of customs or excise. (a) Rule 28. The owners of every vessel or boat, rigged and fitted, not (b) exceeding the burthen of 50 tons by admeasurement, who shall be desirous of navigating such vessel, for the purpose of fishing or carrying on lawful trade, or as a packet, or for any other lawful purpose, shall take out a licence from the commissioners of customs in England, Scotland, or Ireland. (c) Rule 29. No vessel or boat belonging in the whole or in part to His Majesty's subjects, or whereof one half of the persons on board shall be subjects of His Majesty, and not being a lugger, and at the time fitted and rigged as such, shall have on board or be navigated by a greater number of men (officers and boys included) than in the following proportion to the number of tons of her measurement, that is to say, if of 30 tons or under and above five tons, four men; if of 60 tons or under and above 30 tons, five men; if of 80 tons or under and above 60 tons, six men; if of 100 tons or under and above 80 tons, seven men; and above that tonnage one man for every 15 tons of such additional tonnage; or if a lugger, (d) the following proportions, that is to say, if of 30 tons or under, eight men; if of 50 tons or under and above 30 tons, nine men; and in case any such vessel or boat shall be found or discovered to have been within (a) As to militia, volunteers, and half pay officers, see TITLE 5, Rules 76, 83, 99, and 100. (b) By 48 Geo. 3. c. 84. the provisions of the above act, as to granting such licence, shall extend to all vessels rigged and fitted as luggers exceeding the burthen of 50 tons by admeasurement, and by the said act before made liable to forfeiture, and not to vessels therein described under the burthen of 50 tons. As to the granting of licences for luggers above 60 tons, see Rule 67 of this title. (c) By 57 Geo. 3. c. 87. § 18. it is stated, "whereas it may happen that such "ship, vessel, or boat may not be at the port to which she is to belong at the time "when a licence and security shall become necessary;" it is therefore enacted, that it shall be lawful for the commissioners of customs in England, Scotland, or Ireland, in such cases, on proof to their satisfaction that the master or owner of such British vessel or boat really and bona fide intends to proceed without delay (wind and weather permitting) to the port at which she belongs, or is intended to belong, to grant a certificate to such master of such vessel, or boat, of such proof having been given, by virtue of which certificate such vessel or boat shall not be liable to seizure on account of not being licensed, so long as such vessel or boat shall be in due course of her voyage (wind and weather permitting) to the port at which she belongs or is intended to belong. By 19. the persons who are intended to become security shall make oath before the collector and controller of customs, that they are respectively pos sessed of sufficient property to answer and pay the sum for which they intend to become security. (d) See Rule 37 of this title. the limits or distance aforesaid, having on board any greater number 47 Geo. 3. of men than in the proportions before limited and set forth, every sess. 2. e. GG. such vessel or boat, and all 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. (a) (b) on board from Rule 30. Nothing in this act shall extend to forfeit any vessel, or Passengers or boat, by reason of any man or men exceeding any such proportion as persons taken aforesaid being on board of any such vessel or boat, whether such distress, 6. vessel or boat shall be a regular and established packet or passage vessel or not, who shall bona fide be a passenger or passengers only on board of such vessel or boat, or who shall have been taken on board at sea under any circumstances of distress, or unavoidable necessity, proof of such persons being passengers only, or of such circumstances, being given, to the satisfaction of the commissioners of customs in England, Scotland, and Ireland, respectively, if required by them; or to the satisfaction of the commissioners of excise in England, Scotland, or Ireland, on seizures made by the officers of excise, or brought to any warehouse belonging to the excise. boats, letters Rule 31. Nothing hereinbefore contained, in relation to the number Government of oars with which any boat (c) may be rowed, or constructed to row, or vessels or to the proportions of men to be allowed to any such vessels or boats, of marque or shall extend to any vessel or boat belonging to His Majesty, or in the fishing vea service of government, or in the employment of the customs or sels, § 7. excise, nor to any vessel having a letter or letters of marque from the commissioners of the admiralty, or to forfeit any vessel or boat, bonâ fide employed in net fishing, by reason of any excess of number of men above such proportions, on board of any such fishing vessel or boat, when bona fide and at the time employed wholly in fishery, or to any vessel or boat licensed by the commissioners of customs in Licensed England, Scotland, or Ireland, to use more than six oars, or to carry any greater number of men than the proportion allowed by this act. vessels or boats. Rule 32. No licence for the navigation of any vessel or boat shall By whom lifrom 13th Aug. 1807, be granted by the commissioners of the admi- cences to be ralty, or any person authorized by them to grant the same; but in granted, § 24. every case where by the laws in force on the said day, or by virtue of this act, the owner or owners of any vessel or boat are required to have a licence for the navigation thereof, the same, unless granted before the said day by the commissioners of the admiralty, shall be granted by the commissioners of the customs in England, Scotland, and Ireland, respectively, or any three of them; and the vessels and boats so licensed by the said commissioners respectively, shall be subject to all the regulations, penalties, and forfeitures, to which vessels and boats, licensed by the lords commissioners of the admiralty, or by persons authorized by them, were respectively subject by any act of parliament in force on the said day; and the owner or owners of every vessel or boat licensed in pursuance of this act shall also be subject to the like securities, penalties, and forfeitures, to which the owner or owners of any vessel or boat so heretofore required to be licensed by (a) As to militia, volunteers, and half-pay officers, see TITLE 5, Rules 76, 83, and 100. (b) By 57 Geo. 3. c. 87. § 17. nothing in the above clause shall extend to forfeit any vessel which shall be square rigged, by reason of any man or men exceeding the aforesaid proportions. (c) See Rules 48, 50, and 52 of this title. 47 Geo. 3. [Rules 33-37. the lords commissioners of the admiralty, or by persons authorized by sess, 2. c. 66. them, were subject by any act of parliament in force on the said day, as fully as if the said regulations, securities, penalties, and forfeitures, were particularly repeated and re-enacted in the body of Fees, 25. Counterfeiting, &c. lisence, § 26. Cases in to be return. ed, § 27. this act. Rule 33. All licences required under this act shall be granted without any stamp, or fee or reward, or any payment whatever, by the person requiring the same. Rule 34. If any person shall counterfeit, erase, alter, or falsify, or cause to be counterfeited, &c. any licence which has been granted by the lords commissioners of the admiralty for the time being, or by any person authorized by them to grant such licence, or which shall, in pursuance of this act, be granted by the commissioners of customs in England, Scotland, or Ireland, or any three of them for the time being, or shall knowingly or wilfully make use of any licence so counterfeited, &c. such person shall for every such offence forfeit 5001. Rule 35. Whenever any licensed vessel or boat shall be lost, broken which licences up, captured, burnt, seized, and condemned, sold, or otherwise disposed of, the licence which shall have been granted for the same shall be delivered up (a) to the collector of customs at the port to which such vessel or boat shall belong, within twelve calendar months from the time such vessel or boat shall be so lost, &c.; or in case of the said licence being lost or taken by the enemy, satisfactory proof thereof on oath shall be, within the same period, made before the collector or controller of such port; and in case such licence shall not be produced and so delivered up, and no such proof shall be made within such period, the owner or owners, and also the master, of such vessel or boat shall forfeit 201. if such vessel or boat is under the burthen of 15 tons; and 50l. if of the burthen of 15 tons and under 150 tons; and 1007. if of the burthen of 150 tons or upwards. 48 Geo. 3. be renewed. Rule 36. It shall be lawful for the commissioners of customs in c. 84. 2. England, Scotland, and Ireland, respectively, at any time within 10 Licences may years from the date of the first licence granted under this act in respect of any lugger exceeding the burthen of 50 tons by admeasurement, to renew any such licence to the owner or owners of any such vessel, on proof to their satisfaction of the ownership of such vessel having been changed by death or otherwise. Proportion of men, 3. Rule 37. No such lugger, exceeding the tonnage of 50 tons, shall have on board or be navigated by a greater number of men (officers and boys included) than in the following proportions; that is to say, if of 80 tons or under, and above 60 tons, 11 men; if of 100 tons or under, and above 80 tons, 12 men; and if above 100 tons, one man for every 10 tons of such additional tonnage: and in case any such lugger be found or discovered to have been within the limits or distances in 47 Geo. 3. (b) having on board any greater number of men than in the propertion aforesaid, every such lugger, and her tackle, &c. shall be forfeited, and may be seized by any officer of His Majesty's army, navy, or marines, or of customs or excise; (c) provided that nothing herein contained shall extend to any vessel or boat exempted in the said act from the provisions therein contained, (a) See Rule 55 of this title. (b) See TITLE 5, Rule 84. (c) As to militia, volunteers, and half-pay officers, see TITLE 5, Rules 76, 83, 99, and 100. |