Fine, Impri sonment or Impressment, in the manner herein mentioned. the Prevention of Smuggling, against him, or on Proof thereof upon the Oath of One or more credible Witness or Witnesses, to convict in the Forms or to the Effect specified in the Schedule hereto annexed, such Person of such Offence or Offences; and every such Person so convicted as aforesaid, who shall not be a Seaman or Seafaring Man, or being such Seaman or Seafaring Man shall not be fit and able to serve His Majesty in his Naval Service, shall immediately, upon such Conviction, pay into the Hands of such Officer the Penalty of One hundred Pounds for every such Offence of which he shall be so convicted as aforesaid, or in Default thereof, the said Justice or Justices shall and he and they is and are hereby respectively authorized and required, by Warrant under his and their Hand and Seal, or Hands and Seals, to commit such Person so convicted as aforesaid, and making such Default as aforesaid, to any Gaol or Prison or House of Correction, there to remain until every such Penalty for every such Offence of which he shall be so convicted shall be paid, such One hundred Pounds to be levied and applied as the Penalty hereby repealed; and if the Person so convicted as aforesaid shall be a Seaman or Seafaring Man, and fit and able to serve His Majesty in His Naval Service, and liable, under the said Acts, or any of them, for the Offence or Offences of which he shall be so convicted as aforesaid, to be impressed into such Service, and shall not prove that he is not a Subject of His Majesty, it shall and may be lawful for any such Officer or Person as aforesaid, and he and they is and are hereby required, upon such Conviction of such Person as aforesaid, to carry or convey, or cause to be carried or conveyed, such Person on board of any of His Majesty's Ships, in order to his serving His Majesty in His Naval Service; and if such Person shall at any Time or Times after such Conviction as aforesaid, and before the Expiration of Five Years from the Time of such Conviction, by any means escape or desert from such Custody or Service respectively, so as not to complete the Service of Five Years in His Majesty's Navy, according to the true Intent and Meaning of this Act, he shall, over and above all Punishment to which he shall be subject for Desertion, be liable to be at any Time or Times afterwards again arrested and delivered over as aforesaid: Provided always, that if it shall be made appear to any such Justice or Justices, that convenient Arrangements cannot be at once made for carrying or conveying such Seaman or Seafaring Man, so convicted as aforesaid, on board any of His Majesty's Ships, in order to serve His Majesty, Majesty's Ships. it shall and may be lawful for any such Justice or Justices, and he or they are hereby required to commit any such Seaman or Seafaring Man so convicted as aforesaid, to any Prison or Gaol, there to remain in safe Custody for any Period not exceeding One Month, in order that Time may be given to make Arrangements for so conveying such Seamen or Seafaring Men on board any of His Majesty's Ships as aforesaid: Provided always, that the Com missioners of His Majesty's Treasury, or any Three or more of them, shall have full Power and Authority to remit or mitigate any such Penalty, Punishment or Service as aforesaid, whether the Parties shall be Seafaring Men or otherwise; provided that no Justice or Justices shall accept or receive any Bail for any Person liable to be arrested, and arrested as aforesaid; any thing in Offenders escaping. Proviso where cannot be im- board His Treasury may mitigate Punishment. Bail. this or any other Act or Acts to the contrary thereof notwithstanding. 6 II. And Whereas by an Act passed in the Twenty fourth Year 24 G.3. Sess. 2. of His said late Majesty's Reign, intituled An Act for the more c.47. § 24. effectual Prevention of Smuggling in this Kingdom, a Penalty of Five hundred Pounds is imposed on the Master or other Person having Charge of any British Ship or Vessel, not being in the Service of His Majesty's Navy or His Majesty's Revenue of the Customs or Excise, who shall carry or hoist any Pendant or Ensign as therein mentioned: And Whereas His late Majesty Proclamation, by His Royal Proclamation, bearing Date the First Day of Janu- 1 Jan. 1801. 6 ary One thousand eight hundred and one, was pleased, with the Advice of His Privy Council, to order and appoint what Ensign or Colours should be borne at Sea by Merchant Ships or Vessels belonging to any of His Majesty's Subjects of the United King'dom of Great Britain and Ireland, and of the Dominions thereunto belonging, thereby charging and commanding all His Ma'jesty's Subjects whatsoever that they should not presume to wear in any of their Ships or Vessels His Majesty's Jack, commonly 'called the Union Jack, nor any Pendants, nor any such Colours as are usually worn by His Majesty's Ships, without particular Warrant for their so doing from His Majesty, or His High Ad.. 'miral of Great Britain, or the Commissioners for executing the Office of High Admiral for the time being, and also commanding His Majesty's Subjects that without such Warrant as afore'said they should presume not to wear on board their Ships or Vessels any Flags, Jacks, Pendants or Colours, made in imitation of or resembling those of His Majesty, or any Kind of Pendant, 'whatsoever, or any other Ensign than the Ensign described in the Margin of the said Proclamation: And Whereas it is expe'dient that all Doubts that may have been entertained as to the Law on this Subject should be removed, and that Provision should be made for carrying the said Proclamation into effect;' Be it therefore enacted and declared, That from and after the Hoisting on passing of this Act, it shall not be lawful for any of His Majesty's Subjects whomsoever to hoist, carry or wear in or on board Ship, Vessel or Fishing Boat or any other Vessel or Boat whatever, whether Merchant or otherwise, belonging to any of His Majesty's Subjects, His Majesty's Jack, commonly called the Union Jack, or any Pendant, or any such Colours as are usually worn by His Majesty's Ships, or any Flag, Jack, Pendant or Colours whatever, made in imitation of or resembling those of His Majesty, or any Kind of Pendant whatsoever, or any Ensign or Colours whatever, other than those prescribed by the said Proclamation; and that if any Person or Persons shall nevertheless presume to hoist, carry or wear in or on board any Ship or Vessel, Fishing Boat or other Vessel or Boat whatever, belonging to any of His Majesty's Subjects, whether the same be Merchant or otherwise, His Majesty's Jack, commonly called the Union Jack, or any Pendant or Colours such as are commonly worn by His Majesty's Ships, or any Jack, Flag, Pendant or Colours whatever, made in imitation of or resembling those of His Majesty, or any Kind of Pendant whatever, without such Warrant as aforesaid, or any other Ensign or Colours than the Ensign or Colours prescribed by the said Proclamation Rr 2 any to board any Ship, Majesty's Ships, Penalty, 5001. Officers of the enter such Seizures, together with Vessels, &c. delivered over to Commissioners of Customs for 45 G.3. c.121. 47 G.3. s. 2. c.66.; to be worn, then and in every such case the Master or other Person having charge of such Ship, Vessel or Boat, or the Owner or Owners thereof, being on board the same, and every other Person so offending, shall for every such Offence forfeit and pay the Sum of Five hundred Pounds, to be recovered with Costs of Suit, either in the High Court of Admiralty, or in any of His Majesty's Courts of King's Bench or Exchequer at Westminster or Dublin, or in the Courts of Session or Exchequer in Scotland respectively; and that it shall be lawful for any Officer of His Majesty's Navy, Customs or Excise, to enter on board any Ship, Vessel or Boat so hoisting, wearing or carrying any Jack, Flag, Ensign, Pendant or Colours prohibited by the said Proclamation and by this Act to be hoisted, worn or carried, and to seize and take away the same; and the same shall thereupon become forfeited. III. And Whereas it is expedient that all Seizures of Spirits and other Goods made by Officers of the Customs, or by Persons acting under the Orders or Directions of the Commissioners of His Majesty's Customs, should be delivered into the Custody ' of the Persons authorized by the said Commissioners to receive Condemnation, the same, in order to their Prosecution and Condemnation by the " said Commissioners, agreeably to the Provisions and Directions of Two Acts of Parliament passed in the Forty fifth and Forty seventh Years of the Reign of His said late Majesty, for the more effectual Prevention of Smuggling;' Be it therefore enacted, That every Seizure made by any Officer or Officers of His Majesty's Customs, or Person or Persons acting under the Orders or Directions of the said Commissioners, shall together with the Ships and other Vessels, Carts and other Carriages, Horses and other Cattle seized therewith, or on account thereof, to be delivered over to and lodged and secured under the Provisions of the said Acts made in the Forty fifth and Forty seventh Years of the Reign of His said late Majesty, and be disposed of or prosecuted for Condemnation by Order and under the Directions of the said Commissioners of Customs; and that such Commissioners shall and are hereby authorized to direct and pay all Rewards for the making of every such Seizure, and of all Costs and Expences relating thereto, in the manner directed by the several Laws in force for the Prevention of Smuggling. + Sic. who may direct the Payment of Rewards for such Seizures. SCHEDULE to which this Act refers. FORM of Conviction to be used in the Case of a Smuggler not a County of at [or as the case may Day of in the Year of our Lord One thousand eight hundred and in the County of A. B. [the Name of the Smuggler] hath been duly convicted before me [Name of Justice] One [or, before us and Two] of His Majesty's Justices of the Peace, in and for the County tion of Smuggling, which Offence hath been duly proved before me [or us] on the Oath of One or more credible Witnesses; and I [or we] do therefore adjudge that the said A. B. hath, for such Offence, forfeited the Sum of pursuant to the Act passed in the Third Year of King George the Fourth [here the Day of Year of the Reign of his present Majesty King FORM of Conviction to be used in the Case of a Smuggler being for as the case may be] to wit. BE it remembered, That on the Day of in the Year of our Lord A. B. [the Name of the Smuggler] hath been duly convicted before me and Two] of His Majesty's Justices of the Peace in and for the County the Day of in the Reign of His present Majesty King CA P. CXI. Year of the and in the Year An Act to allow, until the Tenth Day of November One thousand eight hundred and twenty four, the Exportation of Spirits distilled from Corn for Home Consumption in Scotland, to Parts beyond Seas, without Payment of the Duty of Excise chargeable thereon. [5th August 1822.] WHEREAS it is expedient that Distillers making Spirits from Corn for Home Consumption in Scotland, should be enabled, for a limited Period, to export such Spirits as Mer'chandize direct from Scotland to His Majesty's Plantations and Colonies abroad, and to Parts beyond the Seas, without Payment of the Duties of Excise chargeable thereon:' 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 may export of the same, That from and after the Tenth Day of November One Plantations, Rr 3 Distiller of Spirits for Home Consumption Spirits to thou- &c. Distiller to provide Ware houses and proper Fastenings. Spirits deposited in Ware house not to be of greater Strength than 24 per Cent. above Hydro thousand eight hundred and twenty two, it shall and may be lawful for any Distiller of Spirits from Corn for Home Consumption in Scotland, to export such Spirits, or a Part thereof, from Scotland to His Majesty's Plantations and Colonies abroad, or to Parts beyond the Seas; provided such Distiller should conform to the Rules and Regulations prescribed by this Act, but not otherwise. II. And be it enacted, That every such Distiller, in order to be enabled to export such Spirits, shall provide a proper Warehouse, to the Satisfaction of the Commissioners of Excise in Scotland, in which Warehouse no Articles, Matters or Things whatsoever shall be deposited, save and except such Spirits made in Scotland, for Home Consumption in Scotland, as are intended to be so exported; and every such Warehouse shall be provided with proper Locks and Fastenings by the Supervisor of the District, at the Expence of such Distiller providing such Warehouse. III. And be it enacted, That no Spirits shall be deposited in such Warehouse of a greater Strength than Twenty four per Centum above Hydrometer Proof, or in Casks containing less than One hundred Gallons, the Content of each such Cask being first accurately ascertained by the proper Officer of Excise, by Guage, Measurement or otherwise, to his Satisfaction, and such Content cut in Figures thereupon, and on each and every of which Casks there shall be inscribed the Words "For Foreign Exportcontaining less ation," distilled by [mention Name of the Distiller or Distillers] in meter Proof, nor in Casks than 100 Gallons. Penalty. Notice to Officer of depositing Spirits in Warehouse, Officer take Account, and ascertain Strength and Quantity of Spirits. Entry thereof, Marks on Letters not less than Three Inches in Length; and if any Spirits shall be removed to or deposited in any such Warehouse of a greater Strength, or in any Cask or Casks of a less Content, all such Spirits, and the Cask or Casks containing the same, shall be forfeited, and may be seized by any Officer of Excise; and if any Person or Persons shall alter the Strength or Quantity of the Spiirits contained in any such Cask, or the Content of any such Cask, after the same shall have been ascertained, or the Figures denoting the same cut thereon, every Person so offending shall for every such Offence forfeit a Penalty not exceeding Two hundred Pounds, to be sued for, recovered and applied as any other Excise Penalty may be sued for, recovered and applied. IV. And be it enacted, That any Distiller desiring to deposit Spirits in any such Warehouse shall give at least Twenty four Hours' Notice in Writing to the proper Officer of Excise, who shall attend at the Time specified in such Notice, and shall take an Account of the Stock of such Distiller, which he shall enter in the Book which he keeps for such Purpose, and shall see the Spirits intended to be deposited in such Warehouse, drawn off from the Vessel or Vessels in which the same shall be contained, at the Premises of such Distiller, into the Cask or Casks which are to be deposited in such Warehouse, and shall ascertain the Strength and Quantity of Spirits to be then deposited in such Warehouse, and enter the same, together with a Description of the Cask or Casks in which the same shall be contained, with the Figures and Words inscribed thereon as aforesaid, in a Book to be kept for that Purpose, in which Book shall at the same time also be entered any Marks which shall have been put on any of such Casks by such Distiller, and shall thereafter see the same deposited in such Warehouse, which shall be locked and fastened by such Officer 21 |