Smuggling, etc. Act 1779
| Jurisdiction | UK Non-devolved |
| Citation | 1779 c. 69 |
(19 Geo. 3) C A P. LXIX.
'WHEREAS, in Defiance of the several Laws of Customs and Excise already made, and of the Penalties and Provisions from Time to Time enacted for the Punishment of Offenders against such Laws; and notwithstanding the Grace and Clemency lately offered to Persons who had been guilty of Smuggling Offences, great Quantities of prohibited and uncustomed Goods, and particularly of Tea, foreign Brandy, and other foreign Spirits, continue to be illegally imported into and landed in this Kingdom; and such Goods are run, carried, and conveyed, from the Sea Coasts through the Country, as well by secret Frauds and clandestine Practices as by open Force, and by Gangs of daring and dissolute Persons, armed with offensive Weapons, and associated and assembled to carry into Execution their evil and pernicious Purposes, in Subversion of all Civil Authority and Power whatsoever: And whereas it is become highly necessary, for the Preservation of the public Revenue, the Protection of the fair Trader, and the Quiet and good Order of the Kingdom, that some further Provisionsshould be made for the better preventing such illegal Practices, and for deterring all Persons from committing such Offences, or from being aiding and assisting therein;' 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 ofAugust , one thousand seven hundred and seventy-nine, where any foreign Brandy or other foreign Spirituous Liquors shall be imported or brought into Great Britain , or into any Port, Harbour, Haven, or Creek thereof, from any Part of Europe , in any Vessel or Cask which shall not contain sixty Gallons at the least (excepting only for the Use of the Seamen then belonging to and on board the Ship or Vessel in which the same shall be imported, not exceeding two Gallons for each Seaman), then not only the said Brandy, and other foreign Spirituous Liquors, but also the Ship or Vessel in which the same shall be so imported, of whatever Burthen the same may be, with all her Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited and lost.
II After Aug. 1, 1779, when any Tea, Coffee, or other Goods, are liable to Forfeiture for being found on board any Ship coming from foreign Parts, at Anchor, &c. or hovering on the Coasts, the said Ship, if not above 200 Tons, shall be forfeited, with her Guns, &c.
II. And it is hereby further enacted by the Authority aforesaid, That, from and after the said first Day ofAugust , one thousand seven hundred and seventy-nine, when any Tea, Coffee, foreign Brandy, or other foreign Spirituous Liquors, or any Goods whatsoever, are liable to Forfeiture for being found on board any Ships or Vessels coming or arriving from foreign Parts, at Anchor, or hovering within the Limits of any of the Ports of this Kingdom, or within two Leagues of the Coasts thereof, or for having been discovered to have been within the Limits of any Port, contrary to any Act of Parliament now in Force, the Ship or Vessel, if coming or arriving from any Part of Europe , on board which such Goods shall be so found, together with all her Gulls, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited, provided such Ship or Vessel doth not exceed the Burthen of two hundred Tons.
III Recital of an Act 8 Geo. I.
'III. And whereas by an Act, made in the eighth Year of the Reign of his late Majesty KingGeorge the First, it was, amongst other Things, enacted, That if any Boat, Wherry, Pinnace, Barge, or Galley, rowing, or made or built to row, with more than four Oars, should be found upon the Water, or in any Place within the Counties of Middlesex, Surrey, Kent , or Essex , or in the River Thames , either above or below London Bridge , or within the Limits of the Ports of London, Sandwich , or Ipswich , such Boat, Wherry, Pinnace, Barge, or Galley, with all her Tackle and Furniture, or the Value thereof, should be forfeited, and the Owner or Owners thereof, or any Person using or rowing the same, should also forfeit and lose the Sum of forty Pounds; in which Act it was provided, that the said Act should not extend to any Barge or Galley belonging to his Majesty, or any of the Royal Family, or to any Long-boat, Yaul, or Pinnace, belonging to or used in the Service of any Merchant Ship or Vessel, or to any such Boat, Wherry, Pinnace, Barge, or Galley, as should be licensed by the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral, or the major Part of them for the Time being, 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, as in the said Act is directed, with Condition that the same should not be made use of in the clandestine Running of uncustomed and prohibited Goods: And whereas it may be a Means to prevent and discourage the pernicious Practice of Smuggling, if the like Penalties, Forfeitures, and Restrictions, were extended to such Boats and other Vessels as are made or built to row, or are found rowing with more than six Oars, within any other Part of this Kingdom;' be it therefore enacted by the Authority aforesaid, That, from and after the said first Day ofAugust , one thousand seven hundred and seventy-nine, the said in Part recited Act, and the several Clauses, Penalties, Forfeitures and Restrictions, therein contained (not altered by this Act), so far as the same relate to Boats, Wherries, Pinnaces, Barges, or Gallies, rowing, or made or built to row, with more than four Oars, within the Counties and Places in the said Act mentioned, shall extend, and be construed to extend, to all Boats, Wherries, Pinnaces, Barges, Gallies, or other Vessels whatsoever, rowing, or made or built to row, with more than six Oars, which shall be found, either upon the Land or Water, within any Harbour, Port, or Place whatsoever, in any other Part of Great Britain , or within two Leagues of the Coast thereof, subject nevertheless to the several Exceptions relative thereto as in the said recited Act is and are particularly provided.
IV This Act not to extend to Commanders of his Majesty's Ships, or Transport Vessels, &c.;
IV. Provided nevertheless, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to the Commanders of any of his Majesty's Ships or Vessels, or Vessels employed in the Transport Service, with respect to foreign Spirituous Liquors put on board them, to be issued by way of Allowance to the respective Ships Companies, or Troops put on board them.
V nor to Tow-boats in the Port of Bristol.
V. Provided always, and be it enacted, That nothing in this Act shall be construed to extend to Boats commonly calledTow-boats (used in towing Ships or Vessels), belonging to licensed Pilots within the Port and Jurisdiction of the City of Bristol .
VI Ships and Boats forfeited by this Act may be seized by any Officer of Customs or Excise.
VI. And it is further enacted by the Authority aforesaid, That the Ships, Vessels, and Boats, forfeited by this Act, shall and may be seized and arrested by any Officer or Officers of the Customs or Excise; and shall and may be prosecuted, condemned, and recovered, in the same Manner as other Ships and Vessels are directed to be prosecuted, condemned, and recovered, by an Act, made in the third Year of the Reign of his present Majesty, intituled,An Act for the further Improvement of his Majesty's Revenue of Customs, and for the Encouragement of Officers making Seizures, and for the Prevention of the clandestine Running of Goodsinto any Part of his Majesty's Dominions ; and that when any Ship, Vessel, or Boat, liable to Forfeiture by this Act, which, by any Act or Acts of Parliament now in Force, is after Condemnation liable to be burnt or destroyed, or to be used in his Majesty's Service, shall be seized by any Officer of Customs or Excise as forfeited, and the same shall not be thought fit or necessary to be used in his Majesty's Service, it shall and may be lawful for the respective Commissioners of Customs and Excise, after Condemnation, to direct the Hull of every such Ship, Vessel, or Boat, to be broken up, and the Materials of every such Hull to be sold to the best Advantage, and the Produce thereof to be divided in the same Manner as the Produce of the Tackle, Furniture, and Apparel, of Ships, Vessels, and Boats, burnt and destroyed, is now directed to be divided; and no Writof Delivery shall be granted out of the Court of Exchequer for any such Ship, Vessel, or Boat, so seized by any Officer of the Customs or Excise, and which by any former Act relating to the Customs or Excise is directed to be burnt or destroyed, or to be used in his Majesty's Service, and which is hereby liable to be broken up, unless the Officer seizing the same shall delay proceeding to the Trial and Condemnation thereof for the Space of three Terms; and in that Case, not without good Security being given, in double the Value of such Ship, Vessel, or Boat, to...
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