A. D.i 76 2. Anno tertio Georgii III. C. 22. 57
- IX. And whereas, by certain Claufes in an Act made in the fifth Year of the Reign of his late Claufes in Aft 5 Geo, 1.
4 Majefly King Gelrge the Firlt, intituled, An Aft againji clandeftine Running of uncu/lomed Goods, «• «■
- and for the more effeftual preventing of Frauds relating to the Cufloms ; (which Claufes have been
' continued by feveral fubfequent Acts) It was declared and enacted, That where any Ship or Veflel
- of the Burthen of fifty Tons, or under, laden with cuftomable or prohibited Goods, fhould be
' found hovering on the Coafts of this Kingdom, within the Limits of any Port, and not proceed- ' ing on her Voyage for Foreign Parts, or to fome other Port of this Kingdom, Wind and Wea- ' ther permitting, it fhould and might be lawful to and for any Officer or Officers of his M,ajefty's ' Cuftoms, to go on Board every fuch Ship or VefTel, and to take an Account of the Lading, and
- to demand and take Security from the Mafter, or other Perfon having or taking the Charge or
' Command of fuch Ship or VefTel in that Voyage, by his own Bond by him to be entered into ' unto his Majefty, his Heirs and Succeffors, in fuch Sum or Sums of Money as fhould be treble ' the Value of fuch Foreign Goods then on Board, with Condition that fuch Ship or Veflel, as foon ' as Wind and Weather and the State and Condition of fuch Ship or Veflel permitted, fhould and ' would proceed regularly on fuch Voyage, and fhould land fuch Foreign Goods in and at fome ' Foreign Port or Ports ; and if fuch Matter, or other Perfon having or taking the Charge or Com- ' mand of fuch Ship or Veflel, fhould, upon fuch Demand, refufe to enter into fuch Bond, or ha- ' ving entered into fuch Bond, fhould not depart or proceed regularly on fuch Voyage as foon as ' Wind and Weather and the State and Condition of fuch Ship or Veflel fhould permit, unlefs
- otherwife fullered to make a longer Stay by the Collector, or other Principal Officer in his Ab-
' fence, of fuch Port where fuch Ship or Veflel fhould be, not exceeding twenty Days, then, and
- in either of the faid Cafes, all the Foreign Goods fo on Board fuch Ship or Veflel, fhould and
- might by any Officer or Officers of the Cuftoms, by Direction of the Collector, or other Principal
' Officer as aforefaid, be taken out of and from fuch Ship or Veflel, and forthwith brought on Shore ' and fecured ; and in cafe the faid Goods were cuftomable, the Cuftoms and other Duties fhould ' be paid for the fame : And as concerning Wool, or any prohibitted Goods, or other Goods liable
- to Forfeiture, which might be found on Board fuch Ships or Veflels at the Time of their unlading
' as aforefaid, the fame were thereby declared to be fubject to Forfeiture, and the Officers of the
- Cuftoms fhould and might profecute the fame, as alfo the Ship or Veflel, in cafe fhe fhould be
' liable to Condemnation, as in the Manner therein after mentioned ; and that after fuch Goods
- were fo taken out of fuch Ship or Veflel, and brought on Shore and fecured by fuch Officer or
' Officers, fuch Bonds fo to be given as aforefaid, fhould be void and delivered up, without any
- Fee or Reward for taking or delivering up the fame; and fuch Bond, not being otherwife dif-
- charged, fhould, on a proper Certificate, returned under the Common Seal of the Chief Magiftrate
' in any Place or Places beyond the Seas, or under the Hands and Seals of two known Britijb Mer-
- chants upon the Place, that fuch Goods were there landed, or upon Proof by credible Perfons,
' that fuch Goods were taken by Enemies, or perifhed in the Seas (the Examination and Proof ' thereof being left to the Judgment of the Commiffioners of the Cuftoms) fhould be vacated and ' difcharged : And whereas the extending of the faid Claufes to the reft of his Majefty's Dominions,
- may be a Means of preventing illicit Trade ;' Be it therefore enacted by the Authority aforefaid,
That from and after the firft Day of July one thoufand feven hundred and fixty-three, the faid The recited Claufes, re- Claufes, and every Part of them, ft all be extended to all Ships and Veflels of the Burthen of fifty r P e f !".& c , l '*° m , a " Ie or T j„_ ..,u:„u n.„n u„ c A v. : »u„ r> ii c t...i 1 ,. „o,„.- „c u:„ TV/I„ P lonl0l __ ' ° . ds on Tons or under, which ftall be found hovering on the Coafts of Ireland, or any other of his Ma- Board Vtffeis of qoTons jefty's Dominions or Territories belonging to the Crown of Great Britain ; and ftall be of equal or under, found hover- Force in every Refpect, in regard to all fuch Ships and Vellels found hovering on any of the Coafts ing °n the Coaft of Bri- aforefaid, as fuch Claufes now are, or ftall be conftrued to be, in regard to any Ships or VefTels "'"■ e * te n ^. ed J? a i' hovering on the Coafts of this Kingdom ; and all Offences which ftall be committed againft the h6vcr lqnaay offae faid Claufes, or any Part of them, on the Coafts of Ireland, ftall be tried, and the Penalties and Co afls of Ireland ; Forfeitures thereby incurred ftall be profecuted for and recovered, in any of his Majefty's Courts of and the faid Offences to Record in Dublin in the faid Kingdom ; and all Offences which ftall be committed againft the faid be. tried, aid Penalties Claufes, or any Part of them, on the Coafts of any other of his Majefty's Dominions or Territo- r f ^c™ rts n inDubi,n ries (except this Kingdom) ftall be tried, and the Penalties and Forfeitures thereby incurred fliail offences in other -;-rts be profecuted for and recovered, in any Court of Admiralty, in the Dominion or Territory on the to be profecuted in the Coaft whereof fuch Offence ftall be committed (which Court of Admiralty is hereby authorized, Court of Admiralty, jmpowered and required to proceed to hear, and determine the fame) or in any Court of Record or other Court of Re- in fuch Dominion or Territory, at the Election of the Informer or Profecutor, according to the cor ° £ eFace > Courfe and Method ufed and practifed there in Profecutions for Offences againft penal Laws relating to the Cuftoms or Excife ; and fuch Penalties and Forfeitures fo recovered there, ftall be divided and [the Forfeitures to D e and applied in fuch and the fame Manner as Penalties and Forfeitures recovered in Great Britain for l^f^Q^ j) : ^ d -* s the like Offences are, or in Purfuance of this Aft may be 3 directed to be divided and applied. Vol. IX. I CAP. XXIII.
