Smuggling Act 1819
| Jurisdiction | UK Non-devolved |
| Citation | 1819 c. 121 |
(59 Geo. 3) C A P. CXXI.
[12th July 1819]
'WHEREAS by the Laws now in force certain Vessels and Boats, belonging in the whole or in part to His Majesty's Subjects, or whereof One Half of the Persons on board are Subjects of His Majesty, if found or discovered to have been within certain Distances of the Coasts ofGreat Britain and Ireland , having on board Foreign Spirits, Tea, Tobacco or Snuff, are liable to Forfeiture, and every Person on board, being a Subject of His Majesty, is liable to be arrested and taken before a Justice of the Peace, and not proving to be a Passenger, to be fined or impressed into His Majesty's Naval Service: And Whereas the Intention of those Laws are defeated by Foreign Vessels and Boats having on board His Majesty's Subjects, although not amounting to Half, and also by some of such Subjects pretending to be Passengers:' Be it therefore 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, Thatif any Foreign Smuggling Vessel or Boat, in which there shall be One or more Subjects of His Majesty, whether Mariners or Persons pretending to be Passengers, shall be found or discovered to have been within Four Leagues of that Part of the Coast ofGreat Britain 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 Great Britain or Ireland , having on board any Foreign Brandy, Rum, Geneva or other Spirits, in any Cask or Package of less Size or Content than Sixty Gallons (except only for the Use of the Seamen belonging to and on board such Vessel or Boat, not exceeding two Gallons for each Seaman); or any Tea exceeding Six Pounds in the whole; or any Tobacco or Snuff, in any Cask or Package whatever containing less than Four hundred and fifty Pounds Weight, except loose Tobacco for the Use of the Seamen on board such Vessel or Boat, not exceeding Five Pounds Weight of Tobacco for each Seaman, and except such Tea or manufactured Tobacco or Snuff as shall have been duly shipped for Exportation as Merchandise on board such Vessel or Boat from some Port or Place in Ireland; such Vessel or Boat, together with all the Goods laden therein, shall be forfeited, and shall and may be seized, prosecuted and dealt with as by the Laws now in force for the Prevention of Smuggling; and every such Subject of His Majesty, who shall be found on board such Vessel or Boat, shall be liable to all the Pains and Penalties, and shall and may be detained, prosecuted, convicted or delivered over to His Majesty's Navy, in like manner as Persons being Subjects of His Majesty, and found on board Vessels or Boats liable to Forfeiture, belonging wholly or in part to His Majesty's Subjects, or whereof One Half of the Persons on board are Subjects of His Majesty, may, by any Law or Laws now in force, be detained, prosecuted, convicted or delivered over to His Majesty's Navy; and the Officer or Officers detaining such Person shall be allowed the like Reward, and Part or Share of any Penalty that may be recovered from any such Person, as is now by Law allowed and paid for the Detention of Persons in similar Cases.
II How the Leagues shall be measured.
II. Provided always, and be it further enacted, That such Distance of Eight Leagues in this Act mentioned may and shall be measured in any Direction between the Southward and Eastward ofBeachy Head , and the Provisions of this Act shall extend to such Limits and Distance of Eight Leagues in every Direction fromBeachy Head , although any Part of such Limits so extended may exceed the Distance of Four Leagues before mentioned from any Part of the Coast of Great Britain to the Eastward of Beachy Head aforesaid.
III G. 3. c. 87.
'III. And Whereas by an Act passed in the Fifty seventh Year of the Reign of His present Majesty, intituled , it is amongst other things enacted, that in all Cases where any Person liable to be arrested under any of the Acts made for the Prevention of Smuggling shall be fit and able to serve His Majesty in His Naval Service, and liable under the said Acts or any of them to be impressed into such Service, every such Person so arrested shall be taken before such Justice or Justices as aforesaid, and shall upon such Proof as by the said Act of the Forty fifth Year aforesaid or any other Act is required, be committed by such Justice or Justices to Prison, to answer such Information and abide such Judgment as may be thereon given against him in that behalf; and that it shall and may be lawful for the Gaoler or Keeper of any Prison or House of Correction in which such Person shall be so imprisoned, or for any Officer of Customs or Excise, on the Order of the Commissioners of Customs or Excise respectively directing the Prosecution, to such Gaoler or Keeper and Officer respectively, to carry and convey or cause to be carried or conveyed any such Person on board of any of His Majesty's Ships of War, in order to his being impressed into His Majesty's Naval Service: And Whereas it has been in many Instances found that Persons so carried and conveyed on board a Ship of War have, on their Examination by the proper Naval Officer, been deemed unfit for His Majesty's Naval Service;' Be it therefore enacted, Thatfrom and after the passing of this Act, when any Person so committed as aforesaid and taken on board a Ship of War shall be found not fit or able to serve His Majesty in His Naval Service, and shall be refused by any proper Naval Officer to be received into such Naval Service, every such Person shall forfeit and lose the Sum of One hundred Pounds; and the Gaoler, Keeper or other Officer who so carried and conveyed the said Person on board the said Ship of War, shall reconvey the said Person before the said Justice or Justices 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 authorised and required, to convict the said Person in the said Penalty of One hundred Pounds; 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 Personso convicted shall not forthwith pay down the said Penalty, the said Justice or Justices shall and he and they is and are hereby respectively authorised 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.
IV G. 1. c. 18.
'IV. And Whereas by an Act passed in the Eighth Year of the Reign of His Majesty KingGeorge the First, intituled An Act to prevent the clandestine removing of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore of the Production of the British Plantations to such Regulations as other enumerated Commodities of the like Production are subject , certain Provisions are made against Personsfound passing with Foreign Goods, landed without Payment of Duties, in their Custody, from any of the Coasts of this...
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