Voyage, or any Articles, Implements, or Materials adapted for repacking Tobacco or Snuff on board, during the Voyage, such Ship, Vessel, or Boat, with her Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited, together with all such Articles as aforesaid.

XI. AND be it further enacted, That no Vessel or Boat, belonging wholly or in part to His Majesty's Subjects, shall sail from Guernsey, Jersey, Alderney, Sark, or Man, without a Clearance, whether in Ballast or having a Cargo, and if with a Cargo, the Master shall give Bond to His Majesty, in double the Value of the Vessel or Boat and of the Cargo for duly landing the same at the Port for which the Vessel clears; and every such Vessel or Boat not having such Clearance, or which having a Clearance for a Cargo shall be found light, or with any Part of the Cargo discharged before Delivery thereof at the Port specified in the Clearance, (unless through Necessity or for Preservation of the Vessel or Boat, to be proved to the Satisfaction of the Commissioners of His Majesty's Customs), shall be forfeited.

XII. AND be it further enacted, That if after the Departure from Guernsey, Jersey, Alderney, or Sark respectively, of any Vessel or Boat belonging wholly or in part to His Majesty's Subjects, or whereof Half the Persons on board are His Majesty's Subjects, having on board any Spirits, Tobacco, Snuff, Tea, or Wine, Bulk be broken, or any of the Cargo unladen or unshipped, or any Alteration be made in the Form, Size, Description, or Number of the Packages shipped, or in the Quantity, Quality, or Mode of Package of the Goods therein, at any Time in the Prosecution of the Voyage towards the United Kingdom or any other Place for which the Vessel or Boat shall have cleared out, such Vessel or Boat, with her Tackle and Furniture, shall be forfeited; but no Forfeiture shall be incurred for breaking Bulk or unlading the Cargo, or any Part of it, through unavoidable Necessity and Distress, nor for any Alteration in the Cargo, if occasioned by Necessity or Accident, or made for the Preservation and Safety of the Vessel or Boat, such Necessity or Accident to be proved to the Satisfaction of the Commissioners of His Majesty's Customs.

XIII. AND be it further enacted, That if any Boat whatever shall be found within the Limits of

Vessel or
any Port

Vessels found within the Li

mits of a Port

Vessels and
Boats.

of the United Kingdom with a Cargo on board, and such Vessel shall afterwards be found light or in Ballast, and the Master is unable to give a due Account of the Port or Place within the United Kingdom where such Vessel shall found light and have legally discharged her Cargo, such Vessel or Boat, with her Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited.

with a Cargo,

and afterwards

unaccounted

for, to be forfeited.

Vessels liable to Seizure, not bringing to during Chace, may be fired at.

XIV. AND be it further enacted, That in case any Vessel or Boat, liable to Seizure or Examination under any Act or Law for the Prevention of Smuggling, shall not bring to on being required so to do, on being chased (1) by any Vessel in His Majesty's Navy, having the proper Pendant Ensign of His Majesty's Ships hoisted, or by any Vessel employed for the Prevention of Smuggling under the Authority of the Lords Commissioners of the Admiralty or the Commissioners of His Majesty's Customs, having a Pendant and Ensign hoisted, of such Description as His Majesty, by any Order in Council, or by His Royal Proclamation under the Great Seal of the United Kingdom, shall have ordered and directed, or shall from Time to Time in that Behalf order and direct, it shall be lawful for the Captain, Master, or other Person having the Charge or Command of such Vessel in His Majesty's Navy, or employed as aforesaid (first causing a Gun to be fired as a Signal), to fire at or into such Vessel or Boat; and such Captain, Master, or other Person acting in his Aid or Assistance, or by his Direction, shall be and he is hereby indemnified and discharged from any Indictment, Penalty, or Action for Damages for so doing; and in case any Person or Persons shall be wounded, maimed, or killed by any such firing, and the said Captain, Master, or other Person, and any Person acting in his or their Aid or Assistance, or by his or their Direction, shall be sued, molested, or prosecuted, or shall be brought before any of His Majesty's Justices of the Peace or other Justices or Persons having competent Authority, for or on account of such firing, wounding, maiming, or killing as aforesaid, all and every such Justice or Justices, Person or Persons, is and are hereby authorized and empowered, enjoined, and required, to admit every such Captain, Master, or other Person or Persons so brought before him or them as aforesaid to Bail; any Law, Usage, or Custom to the contrary notwithstanding.

(1) See Persons on board, § 49.

par

Vessels and
Boats.

Persons not to
hoist Flags in

Imitation of those used in

His Majesty's
Navy.

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 ticular 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, 507. 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.

Boats made use of in the Re

XVI. AND be it further enacted, 'That all Vessels and Vessels and Boats made use of in the Removal, Carriage, or Conveyance of any Goods liable to Forfeiture under this or any other Act relating to the Revenue of Customs, shall be forfeited. (1)

XVII. AND be it further enacted, That the Owner of 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.

moval of Goods liable to For

feiture to be forfeited.

Boats belonging to Vessels, to Vessel painted upon the Outside of Stern, and Master's

have Name of

Name within the Transum.

Vessels and
Boats.

Boats not be

longing to Ves

sels 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.

Licences.

Vessels to be

navigated with

exceeding spe

within certain Distances, for

feited, unless licensed.

XXI. AND be it further enacted, That 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 (not being a Lugger and a certain Numat the Time fitted and rigged as such), shall be navigated ber of Men, if by a greater Number of Men (Officers and Boys included) cified Number, than in the following Proportions; that is to say, if of and found Thirty 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 Tons, Twelve Men; and if above One hundred Tons, One Man for 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.

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.