Smuggling Act 1784

JurisdictionUK Non-devolved
Citation1784 c. 47
Anno Regni G E O R G I I III. vicesimo quarto. An Act for the more effectual Prevention of Smuggling in this Kingdom.

(24 Geo. 3 Session 2) C A P. XLVII.

'WHEREAS the Laws heretofore made, and now in Force, to prevent The clandestine Importationand Running of prohibited Goods, and Goods liable to the Payment of Duties, into this Kingdom, have not been sufficient to answer the good Purposes thereby intended, that pernicious Practice having of late been greatly increased, and carried on by large armed Vessels at Sea, and by numerous Gangs of Smugglers upon Land, with great Violence, in Defiance of those Laws, to the great Loss and Prejudice of the Publick Revenue, the Detriment of the fair Trader, and the endangering the Lives of the Officers of the Revenue acting in the due Execution of their Duty; and it is highly necessary and expedient that some further Provision should be made more effectually to prevent those destructive and growing Evils;' for Remedy whereof, may it therefore please your Majesty that it may be enacted; and 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, from and after the first Day of , one thousand seven hundred and eighty-four, if any Ship or Vessel shall be found at Anchor, or hovering within the Limits of any of the Ports of this Kingdom, or within four Leagues of the Coast thereof, or shall be discovered to have been within the said Limits or Distance (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 Shipor Vessel within the Limits of such Port), having on board any Brandy, or other Spirituous Liquors, in any Vessel or Cask which shall not contain sixty Gallons at the least (except only for the Use of the Seamen then belonging to and on board such Ship or Vessel, not exceeding two Gallons for each Seaman), or having on board any Wine in Casks (provided such Ship or Vessel having Wine on board shall not exceed sixty Tons Burthen), or having on board six Pounds Wight of Tea, or twenty Pounds Weight of Coffee, or having on board any Goods whatsoever liable to Forfeiture, by any Act of Parliament, upon being imported into , 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.

S-II In any Suit for Forfeiture, Evidence may be received to show, from the small Quantity of the Goods, &c. that they were on board without the Privity of the Owner of Master:

II In any Suit for Forfeiture, Evidence may be received to show, from the small Quantity of the Goods, &c. that they were on board without the Privity of the Owner of Master:

II. Provided always, and be it enacted by the Authority aforesaid, That nothing in this or any former Act shall extend, or be construed to extend, to prevent Evidence from being received, in any Suit or Information brought for the Forfeiture of any Vessel, for or on Account of any Goods contained therein, in order to shew, from the Smallness of the Quantity of the said Goods, and other Circumstances of the Case, that the said Goods were on board such Ship or Vessel without the Knowledge and Privity either of the Owner, or of the Master, or other Person having the Charge or Command thereof, and without any wilful Neglect or Want of reasonable Care in the Discharge of the Duty of such Owner, Master, or other Person having the Charge or Command of such Vessel; and in every such Case, where Proof shall be made, from the Smallness of the Quantity of the said Goods, and other Circumstances, that such small Quantity was on board without the Knowledge, Privity, or Consent, either of the Owner, or the Master, or other Person having the Charge or Command thereof, and without any wilful Neglect or Want of reasonable Care, either in the Owner, or in the Master, or other Person having the Command of such Ship or Vessel, then, and in every such Case, such Ship or Vessel (in case the same shall exceed one hundred Tons in Burthen) shall not be forfeited for or on account of such small Quantity of Goods.

S-III

III. Provided always, and be it further enacted by the Authority aforesaid, That any such Goods, which shall be so found on board any Shipor Vessel within the Limits or Distance aforesaid, whether with or without the Privity or Knowledge of the Master thereof, shall be forfeited; and the Person or Persons in whose Charge or Possession the said Goods shall be found, shall forfeit Treble the Value thereof, to be recovered as herein-after directed.

S-IV Certain Vessels, herein described, to be forfeited.

IV Certain Vessels, herein described, to be forfeited.

IV. And it is hereby further enacted by the Authority aforesaid, That all Vessels belonging, in the Whole or in Part, to any of his Majesty's Subjects, calledCutters, Luggers, Shallops , or Wherries (of what Built soever), and all Vessels belonging as aforesaid, of any other Description, whose Bottoms are Clench Work, unless they shall be square rigged, or fitted as Sloops with standing Boltsprits; and all Vessels belonging as aforesaid, the Length of which shall be greater than in the Proportion of three Feet and an Half to one Foot in Breadth; and all Ships or Vessels belonging as aforesaid, armed for Resistance (otherwise than is herein-after excepted,) which shall, after the said first Day of October , one thousand seven hundred and eighty-four, be found within the Limits or Distance herein-before described, shall be forfeited, together with all the Goods, if any, which shall be laden thereon, and all her Guns, Tackle, and Furniture.

S-V Not to prevent any Vessel from having on board necessary Arms.

V Not to prevent any Vessel from having on board necessary Arms.

V. Provided always, That nothing herein contained shall extend, or be construed to extend, to prevent any Ship or Vessel from having on board two Carriage Guns, of the Calibre not exceeding four Pounds, and small Arms, not exceeding two Muskets for every ten Men.

S-VI Not to extend to Vessels which may arrive from Russia before Dec. 1, 1784.

VI Not to extend to Vessels which may arrive from Russia before Dec. 1, 1784.

VI. Provided also, and be it further enacted by the Authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to forfeit any Ship or Vessel which shall, on or before the first Day ofDecember , one thousand seven hundred and eighty-four, arrive in Great Britain , from any of the Dominions of the Empress of Russia , for or on account of the Built of such Ship or Vessel, or for having on board Arms or Ammunition.

S-VII Other Vessels to which this Act shall not extend.

VII Other Vessels to which this Act shall not extend.

VII. Provided always, and it is hereby further enacted by the Authority aforesaid, That nothing in this Act shall extend, or be construed to extend, to any Ship or Vessel on a Voyage from any Part ofAmerica , or the East or West Indies , or Africa , or the Mediterranean , so as to subject the same to Forfeiture, for or on account of her Built, or for having Spirits, Tea, or Coffee on board, or for having on board Arms or Ammunition; nor to any Ship or Vessel in the Service of his Majesty's Navy, Victualling, Ordnance, Customs, Excise, or Post Office, for or on account of her Built, or for having on board Arms or Ammunition; nor to any Vessel whatsoever, the Owner of which shall have a Licence, as herein-after described and directed, for navigating the same, from the Lord High Admiral of Great Britain , or the Commissioners of the Admiralty for the Time being, or any Person authorised by them to grant the same, for or on account of her Built, or for having on board such Arms or Ammunition as she shall or may be licensed to have, as herein-after mentioned; nor to any Lighters or Barges, used solely in Rivers or inland Navigations; nor to any Ships or Vessels which shall have on board any Arms or Ammunition which 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 are regularly stowed in the Hold of such Vessels, or are put on board for the necessary Use and Defence of such Vessels, by Licence from the Lord High Admiral of Great Britain , or the Commissioners of the Admiralty for the Time being, for or on account of such Arms and Ammunition; any Thing hereinbefore contained to the contrary notwithstanding.

S-VIII No Fee to be taken for Licences.

VIII No Fee to be taken for Licences.

VIII. Provided always, and it is hereby further enacted, That no Fee, Gratuity, or Reward, shall be demanded or received for any Licence granted in pursuance or under the Authority of this Act, or for registering the same.

S-IX Owners of licensed Vessels to bring their Licences to the proper Officer at the Port of Exportation, &c.

IX Owners of licensed Vessels to bring their Licences to the proper Officer at the Port of Exportation, &c.

IX. Provided always, and it is hereby further enacted by the Authority aforesaid, That the Owner of every Ship or Vessel which shall be licensed as herein-before mentioned, shall, before such Ship or Vessel proceeds to Sea, or sails out of any Port, Harbour, or Creek in this Kingdom, bring such Licence, or cause the same to be brought, to the Collector, Comptroller, or other proper Officer of the Customs for the Port, Harbour, or Creek, from which such Ship or Vessel is about to sail...

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