Customs, etc. Act 1721
| Jurisdiction | UK Non-devolved |
| Citation | 1721 c. 18 |
(8 Geo. 1) C A P. XVIII. Anno Regni GEORGII Regis Magn Britanni, Franci & Hiberni, octavo.
An Act to prevent the Clandestine Running of Goods and the Danger of Infection thereby; and to prevent Ships breaking their Quarentine; and to subject Copper-Ore of the Production of theBritish Plantations to such Regulations, as other enumerated Commodities of the like Production are subject.
I For the Continuance of this Act see 2 Geo. 2. c. 28. sect. 6. 8 Geo. 2. c. 21. 15 Geo. 2. c. 33. 20 Geo. 2. c. 47. and 27 Geo. 2. c. 18. 5 Geo. 1. c. 11. 12 Car. 2. c. 4. 13 & 14 Car. 2. c. 11. 25 Car. 2. c. 6. 2 W. & M. Stat. 2. c. 4. 4 & 5 W. & M. c. 5 & 15. 6 W. & M. c. 1. 6 & 7 W. 3. c. 7.
'I. F O R ASMUCH as the Laws already made to prevent the secret landing of prohibited and uncustomed Goods have been found insufficient for that Purpose, it being notorious that such infamous and pernicious Practices are still continued in open Defiance of the Laws, to the great Diminution of the publick Revenues, the Discouragement of honest Traders, and during the Time of Infection abroad, to the endangering the Health and Lives of many thousands of his Majesty's innocent Subjects, by bringing into this Kingdom, from infected Places, Goods apt to retain Infection: And whereas by an Act passed in the fifth Year of his present Majesty's Reign, intituled,An Act against clandestine Running of uncustomed Goods; and for the more effectual preventing of Frauds relating to the Customs , It was enacted, That any Ship, Vessel or Boat of the Burthen of fifteen Tuns, or under, wherein any Brandy, Arrack, Rum, Strong Waters or Spirits of any Kind whatsoever should be imported or brought into Great Britain , or into any Port, Harbour, Haven or Creek thereof (except as therein is excepted) such Ship, Vessel or Boat, with all her Tackle, Furniture and Apparel, or the Value thereof, should be forfeited and lost, and should and might be seized, recovered, broke up and sold, as therein mentioned, which Forfeiture is, by an Act passed in the sixth Year of the Reign of his present Majesty, intituled, AnAct for preventing Frauds and Abuses in the publick Revenues of Excise, Customs, Stamp-Duties, Post-Office and House-Money , extended to Vessels of thirty Tuns: And whereas to elude the Intent of the said Laws many Persons do now carry on a clandestine Trade by importing those Goods in Ships and Vessels above the Burthenof thirty Tuns:' For the Prevention thereof, Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if any Foreign Brandy, Arrack, Strong Waters or Spirits of any Kind whatsoever shall, from and after the twenty-fifth Day ofMarch one thousand seven hundred and twenty-two, be imported or brought into Great Britain , or into any Port, Harbour, Haven or Creek thereof, in any Ship, Vessel or Boat of the Burthen of forty Tuns or under, according to the Admeasurement prescribed in the last-mentioned Act (except only for the Use of the Seamen then belonging to and on board such Ship, Vessel or Boat, not exceeding two Gallons for each such Seaman) every such Ship, Vessel or Boat, with all her Tackle, Furniture and Apparel, as also all such Brandy, Arrack, Strong Waters or Spirits, or the Value thereof, shall be forfeited, and shall and may be seized by any Officer or Officers of the Customs, and shall and may be prosecuted and divided in such Manner and Form, as is prescribed in the said Acts concerning Ships, Vessels and Boats of fifteen or thirty Tuns as aforesaid; any Law or Custom to the contrary notwithstanding.
II After Seizure and Condemnation, Hull of Ship to be burnt, and the Tackle, &c. sold.
II. And be it further enacted by the Authority aforesaid, That after the Seizure and Condemnation of such Ship, Vessel or Boat, the Principal Officers of his Majesty's Customs in the Port or Place where the same shall be at the Time of such Condemnation, are hereby directed to cause the Hull of such Ship, Vessel or Boat to be burnt and wholly destroyed, and the Tackle, Furniture and Apparel thereunto belonging, to be publickly sold to the best Advantage, and the Produce thereof to be divided as herein after mentioned, the reasonable Charges of prosecuting, selling and burning as aforesaid being first deducted.
'III. And whereas many Frauds are committed to the Prejudice of the Revenue in the clandestine Running of Goods imported, and in relanding Certificate Goods, as well as in exporting Wool and the Coin of this Kingdom, by Watermen and others in Boats, Wherries, Pinnaces, Barges and Gallies, which are sometimes rowed with six, eight or twelve Oars, built on Purpose for the Smuggling Trade; and in case they are pursued by the Officers, do make their Escape, which may be also a Means of bringing in the Infection:' For the preventing whereof, Be it further enacted by the Authority aforesaid, Thatfrom and after the said twenty-fifth Day ofMarch one thousand seven hundred and twenty-two, if any Boat, Wherry, Pinnace, Barge or Galley, rowing or made or built to row with more than four Oars, shall be found upon the Water or in any Bargehouse, Workhouse, Shed or other Place within any of the Counties of Middlesex, Surry, Kent or Essex , or in the River of Thames , either above or below London Bridge , or within the Limits of the Ports of London, Sandwich or Ipswich , or the Members or Creeks to them or either of them respectively belonging, such Boat, Wherry, Pinnace, Barge or Galley, with all her Tackle and Furniture, or the Value thereof, shall be forfeited, and shall and may be seized by any Officer or Officers of the Customs; and the Owner or Owners thereof, or any Person using or rowing in such Boat,Wherry, Pinnace, Barge or Galley, shall also forfeit and lose the Sum of forty Pounds; and such Seizure and Forfeiture shall and may be prosecuted in the Manner herein after-mentioned; and after the Seizureand Condemnation of such Boat, Wherry, Pinnace, Barge or Galley, the principal Officers of his Majesty's Customs, in the Port or Place where the same shall be at the Time of such Condemnation, are hereby directed to cause such Boat, Wherry, Pinnace, Barge or Galley to be burnt and wholly destroyed, and the Tackle, Furniture and Apparel thereunto belonging to be publickly sold to the best Advantage, the Produce whereof to be divided as herein after mentioned; the reasonable Charges of prosecuting, selling, and burning as aforesaid being first deducted.
IV To what Barges, &c. this Act shall not extend.
IV. Provided always, That this Act shall not extend or be construed to extend to any Barge or Galley belonging to or to beleng to his Majesty, or the Royal Family, or any of them, or to any Long-Boat, Yaul, or Pinnace belonging to and used in the Service of any Merchant-Ship or Vessel, or to such Boat, Wherry, Pinnace, Barge or Galley, as shall be licensed by the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, or the major Part of the same Commissioners for the Time being; which Licences shall be in Writing, signed by the said Lord High Admiral, or Commissionersfor executing the Office of Lord High Admiral, or the major Part of such Commissioners for the Time being, and shall be granted without any Fee or Charge whatsoever.
V Security to be given, that Boat shall not be used for Running of uncustomed Goods, &c.
V. Provided always, That no such Licence shall be granted, but upon sufficient Security to be given to his Majesty, his Heirs and Successors, by the Owner or Owners of such Boat, Wherry, Pinnace, Barge or Galley, by Bond, in such Penalty as the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral for the Time being, shall find to be reasonable, with Condition that the same shall not be made Use of in the clandestine Running of uncustomed and prohibited Goods; which Security the said Lord High Admiral, or the Commissioners for executing the Office of Lord High Admiral, who shall grant such Licence, are hereby impowered and required to take for the Use of his Majesty, his Heirs and Successors.
VI Persons passing with foreign Goods landed without Entry, and being more than five, and resisting Officers &c. to be transported.
VI. And be it further enacted by the Authority aforesaid, That from and after the said twenty-fifth Day ofMarch one thousand seven hundred and twenty-two all and every Person and Persons, who shall be found passing (knowingly and willingly) with any foreign Goods or Commodities landed from any Ship or Vessel, without the due Entry and Payment of the Duties by Law charged thereon, in his, her or their Custody, from any of the Coasts of this Kingdom, or within the Space of twenty Miles of any of the said Coasts, and shall be more than five Persons in Company, or shall carry any offensive Arms or Weapons, or wear any Vizard, Mask or other Disguise, when passing with such Goods or Commodities as aforesaid, or shall forcibly hinder or resist any of the Officers of the Customs or Excise in the seizing or securing any Sorts or Kinds of run Goods or Commodities, shall be deemed and taken to be Runners of foreign Goods and Commodities within...
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