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mentioned, (hall extend, and be construed to extend, to all shall be ex* boats, wherries, pinnaces, barges, gaIJies, or other vessels *ei)ded ro whatsoever, rowing, or made or built to row, with more than buH^to ro'iv six oars, which (hall be found, either upon the Jand or water, with more within any harbour, port or place whatsoever, in any other than six oars, part of Great Britain* or within two leagues of the coast thereof, in any part of subject nevertheless to the several exceptions relative thereto as Gseat ^ntain* in the said recited act is and are particularly provided.

IV. Provided nevertheless, and be it enacted, That nothing This act not herein contained shall extend, or be construed to extend, to the t° extend to commanders of any of his Majesty's (hips or vessels, or vessels expanders, employed in the transport service, with respect to foreign spiri- |i«.JSi^a"

• • 111 i - rr J i r if je'tv ilnips, or

tuous liquors put on board them, to be nlued by way of allow- transport ance to the respective ships companies, or troops put on board vessels, &c. $ them.

V. Provided always, and be it enacted, That nothing in this nor to towact shall be construed to extend to boats commonly called Tow- ats in the boats* (used in towing (hips or vessels) belonging to licensed Porto^ll^oU pilots within the port and jurisdiction of the city os Bristol.

VI. And it is further enacted by the authority aforesaid, Ships and That the ships, vessels, and boats, forfeited by this act, shall boats forfeited and may be seized and arrested by any officer or officers of the by this act may customs or excise; and shall and may be prosecuted, condemn- any officers ed, and recovered, in the same manner as other ships and customs or vessels are directed to be prosecuted, condemned, and recovered, excise, by an act, made in the third year of the reign of his present Majesty, (intituled, An aft 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 goods into any part of his Majesty's dominions); and that when any an ship, vessel, or boat, liable to forfeiture by this act, which, by sliips, & "^stiaH any act or acts of parliament now in force, is after condemna- be seized as are tion liable to be burnt or destroyed, or to be used in his Ma- not.fit for his jesty's service, shall be seized by any officer of customs or excise ^e^heirhuJl" as forfeited, and the fame (hall not be thought fit or necessary may bebrok-8 to be used in his Majesty's service, it (hall and may be lawful enupandsokL for the respective commissioners of customs and excise, after condemnation, to <3irect 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 (hips, vessels, and boats, burnt and destroyed, is now directed to be divided; and no writ of delivery (hall be jn w{13t ca^eg granted out of the court of exchequer for any such stiip, vessel, writs of de

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officer seizing the same shall delay proceeding to the trial and condemnation thereof for the space of three terms; and in that cafe, not without good security being given, m dauole the

C c 4 value

value of such (hip, vessel, or boat, to return the same upon condemnation, in order to be broken up, or used in his Majesty's service.

Penalty of VII. And be it further enacted by the authority aforesaid, 3001. on the That, from and after the said first day of August, one thousand mailer of any seven hundred and seventy-nine, in all cases where the officers f rmnabrofd °^ cu^oms or e*ciie discover and find on board any (hip or having more vessel, coming and arriving from foreign parts, within the 1U than too piits of any ot the ports of this kingdom, more than one hunppundsostea dred pounds weight of tea, not being in mips belonging to or bein^an Bats emPl°yec* by the united company of merchants of England India ship) 5 fading to the East Indies \ or more than one hundred gallons or more than of foreign brandy, or of other foreign spirituous liquors, over iqo gallons of and above the .quantity of two gallons for every seaman then foreign spirits belonging to and on board such (hip or vessel, and being in o-aiVons for ca^s unc*er uxtv gallons ; the master, or other person having or each seaman taking the charge of such snip or vessel, (hall forfeit the sum of cn board), three hundred pounds; and it shall and may be lawful in such beinS *st c*^s case for any officer or officers of the customs or excise, and for \unsl 6Q ^d" a^ Qtne» persons acting in their aid and assistance, and they and each of them is and are hereby authorised to arrest, take, and Officers of detain, the said master or other person so having the charge or t\ci°?may command of such (hip or vessel, and to carry and convey arrest such the person so taken before any one of his Majesty's justices of palters, Sec, the peace, residing near to the place where such (hip or vessel shall then be, or where such person (hall be arrested and taken; and the person so carried and conveyed mall be obliged to enter }nto a recognizance to his Majesty, his heirs and successors, before such justice, in the sum of three hundred pounds, (which recognizance such justice is hereby authorised and required to> take), with condition to enter an appearance in t}ie courts of exchequer in England and Scotland respectively, within the first four days of the term next ensuing such arrest, to any inform niation which mall or may be exhibited against him; and such justice (hall, and he is hereby required forthwith to transmit every sqch recognizance to the King's remembrancer in such of the said respective courts; and if such person (hall refuse to enter into such recognizance as aforesaid, then such justice shall commit such person to the next county gaql, there to remain until he (hall enter into sqch recognizance. After Auo*. T9 VIII. And it is further enacted by the authority aforesaid, 1779, officers That, from and after the said first day of Augusts one thousand cf customs or seven hundred and seventy-nine, it mall and may be lawful forr;' excite, TMd any officer or officers of the customs or excise, and for all other Itviv * -ret? aU* persons acting in their aid and assistance, to arrest, stop, and dep^-'o'ns round tain, all and every person and persons who ihall be found aiding aVnog in un- or assisting in unshipping to be laid on land any tea, foreign ihii>':> iff jn- brandy, or other foreign spirituous liquors, or,any goods or merbi'b^ecT chand zes whatsoever, (customs and other duties not being first goodsV Paicl or secured,) or which are or may be prohibited tot be imported into this kingdom: and such officer or officers, and all

persons acting in their aid and assistance, (hall forthwith carry them before and convey the said person or persons before one or more of a juitice, who his Majesty's justices of the peace residing near to the place ^^oipmit where such offences (hall be committed; and such justice or justices (hall, if he or they fee cause, commit such person or persons to the next county goal, there to remain, without bail or mainprize, until the next general quarter sessions of the peace to be holden for the fame county or place, to be tried and dealt with as by this act is herein-after directed.

IX. And be it further enacted by the authority aforesaid, Two or more That, from and after the first day of Augusts one thousand seven P^^ehundred and seventy-nine, if any persons, to the number of two ther armed, or more in company, (hall be found passing in any part of this or in disguise, kingdom with one or more horse or horses, or with any cart with any horse or carriage, whereon there (hall be laden or put more than fix TMJ£TMTM-^ pounds weight of tea, or foreign brandy, or other foreign spiri- mor6 tha^ ^ tuous liquors, exceeding the quantify of five gallons, not hav- pounds of tea, ing paid the respective duties by law charged thereon, and not or live gallons having an authentick permit or permits with the fame; and (hall °ssoreign *P*

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carry any offensive arms or weapons, or wear any vizard, mask, pennir) or other disguise, when passing with such tea, or foreign spirituous liquors, as aforesaid; it (hall and may be lawful for any of- maybe arrestficer or officers of the customs or excise, and all other persons ed by any ofacting in their aid and assistance, to stop, arrest, and detain, the fo^0°f^cise person and persons so passing as aforesaid, in whose charge, care, ancj carried * custody, or possession, the said tea, foreign brandy, or other before a jusforeign spirituous liquors, or either of them, lhall then be found : tlce> and the said officer and officers, and the persons acting in their aid and assistance, shall and may, and they are hereby authorised to convey the person or persons, so offending as aforesaid, before any one or more of his Majesty's justices of the peace j who, xvho may if he or they fee cause, mall commit the offender or offenders to commit them, the next county goal, thereto remain, without bail or mainprize, till the next general quarter sessions of the peace of the county or place, to be tried and dealt with as by this act is herein-after directed.

X. And be it further enacted by the authority aforesaid, Any person, That if, from and after the said first day of Augusts one thousand after Aug. 1. seven hundred and seventy-nine, any person or persons whatso- *779>who _ ever shall assault, resist, oppose, molest, obstruct, or hinder, any ^^7^ officer or officers of the customs or excise in due seizing or se- customs or curing any coffee, tea, cocoa-nuts, chocolate, foreign brandy, or excise in seizother foreign spirituous liquors, or any other goods whatsoever 'int uncustom-' which by any officer or officers of the customs or excise (hall or ^ °r0Pillt>1 -° may be liable to be seized by virtue of or in pursuance of any' act now in force; or. mall by force or violence rescue, or mall or (hall atcause-to.be rescued, any of the said goods, after the fame (hall tempt toreshave been seized by such officer or officers as aforesaid, or (hall cuetnesami2; attempt or endeavour so to do; or, after such seizure, shall cut, or shall stave, break, or otherwise destroy or damage, any casks, vessels., <la??,gf a"y boxes, or package, wherein the fame respectively shall be con- ^hick fuCchm sained $ it (hall and may be lawful to and for the officers of the goods shalt be

customs contained!

may be arrest-
ed by the of-
ficers, &c. and
carried before.
£ justice,
who may com
mit the offen-

Officers to enter into recognizance to prosecute,

Charges of prosecution to be paid by receiver-general of customs or excise, persons committed as aforesaid to be tried by the quarter sessions i

who on conviction, fliaH pommit the pander to bard labour in the house of correction pf she county,

gut if such convict shall be deemed a proper person to serve his Majesty by Jand or sea, j:he justices (1^11 deliver bim over to she proper

customs and excise, and for all persons acting in their aid and assistance, to stop, arrest, and detain, all and every the person and persons so offending, and him, her, or them, forthwith to carry and convey before one or more of his Majesty's justices of the peace, near to the place where the offence shall be committed or done; and the justice or justices shall, if he or they fee cause, commit the person or persons, so brought before him; or them, to the next county goal, until the next general quarter sessions of the peace to be holden for the feme county or place, there to be tried and dealt with as by this act is herein-after directed.

XL And be it further enacted by the authority aforesaid, That the officer or officers who shall convey any offender, arrested by the authority of this act, before any justice of the peace as aforesaid, shall, in case such offender shall be committed" to the county gaol as aforesaid, enter into a recognizance to his said Majesty, his heirs and successors, before such justice, in the sum of forty pounds, conditioned to appear at such general quarter sessions of the peace, and to prosecute the person so committed; and the commissioners of customs and excise respectively are hereby directed and required to order the charges of such prosecution to be paid out of any money in the hands of the receivergeneral of the customs and excise respectively, arising by any branch of the revenue under their respective management.

XII. And be it further enacted by the authority aforesaid,, That where any person or persons shall be arrested, detained, and committed as aforesaid, for any offence against this act, to any county gaol, there to remain until the next general quarter sessions as aforesaid, it shall and may be lawful for the justices at such sessions, and they are hereby authorised and required to examine, hear, try, and determine, all and every such offence and offences; and if the person or persons so committed as afore* said, shall be duly convicted before them of any offence against this act, then, and in every such case, it shall and may be lawful for the said justices, at such general quarter sessions, and they are hereby respectively authorised and required, in lieu of any other puniffiment to which such offender or offenders might be liable for the fame offence by any former act, to commit such person or persons to hard labour in the house of correction of the county, city, town, orfp)ace, there to remain for a term not exceeding three years, nor less than one year.

XIII. Provided always, That if any person so convicted shall be approved of by any officer of his Majesty's land forces or fleet, as an able and proper person to serve his Majesty, it shall and may be lawful for the said justices, at such general quarter sessions, and they are hereby respectively authorised and required, in lieu of any other punishment to which such offender may be liable by this or any former act for the fame offence or offences, to order and adjudge every such offender to serve his Majesty as a soldier or sailor, and to cause such man to be delivered over to such officer of his Majesty's land forces or fleet,

such such officer giving a receipt under his hand acknowledging what men are so delivered to him, which receipt such officer is hereby required to give; and such officer may, in cafe he (hall find it necessary, detain such man in some secure house or place; and no person so delivered in pursuance of this act shall be liable to be taken out of his Majesty's service by any process other than for some criminal matter.

XIV. And be it further enacted by the authority aforesaid, If justices, a! That if the said justices in their sessions (hall not be attended, at the time of the time of convicting such offender or offenders as aforesaid, convifiihngahy by some proper officer of his Majesty's land forces or fleet, it ^11 nwbeIt. shall and may be lawful for the said justices to adjourn them- tended by a selves to some other convenient day, and to give such directions proper officer, as they shall think proper for securing such offenders as afore- ?hev mav adsaid, and to cause notice to be given to any such officer of the g^yg^otfcl day and place of such adjournment; and such officer is hereby thereof to required to attend, or appoint some other person to attend, the officer, whd said justices at such adjournment, and to receive such persons as foall attend m they shall adjudge or order to be so delivered as aforesaid, in case deputy °s ^ such officer shall approve of such person or persons as able and

proper to serve his Majesty in manner aforesaid.

XV. And it is hereby further enacted by the authority afore- Justices may said. That it (hall and may be lawful for the said justices to im- levy a fine pose upon any gaoler, or keeper of any house of correction, or ^sor^ff'r of any prison, who shall suffer any person, committed to his cul- ing an^escape" tody in pursuance of this act, to escape, or upon any constable, or on parisliheadborough, tithingman, or parish or town officer, for every officers for wilful neglect or default in the execution of any warrant, order,

or precept, to them, or any of them, directed in pursuance of cutiorTof^" this act, a fine not exceeding ten pounds, and to cause every warrants, &c. such fine to be levied by distress and sale of the offender's goods, rendering the overplus (if any) to the owners, and to pay the said fine to the informer or informers.

XVI. And be it further enacted by the authority aforesaid, The second T(iat the justices, upon such conviction as aforesaid, and deli- a»d sixth secvery of such persons to such officer or officers receiving such ardcl^df persons as aforesaid, (hall cause the second and sixth sections of agaTnstmuting the articles of war against mutiny and desertion to be read to and desertion, the person so to be delivered as aforesaid, in the presence of the tobereadtothfc said justices ; and the said justices (hall tender to every such per- Pers°^ns delison the oath mentioned in the third section of the articles of /LTd and^b^ war; and the said justices shall, and they are hereby required oath tendered forthwith to certify under their hands, that such person or per- to them, sons is or arc ordered and adjudged to serve his Majesty, setting Justicestocerforth the name, age, parish, and last place of abode, of him or llfy that such them respectively, if known, and that the second and sixth secti- P^ss°ns *re ons of the articles of war against mutiny and desertion were read ferve his Mato him or them, and that he or they had taken the oath menti- jesty,&c. oned in the said articles of war, or had refused to take the said

oath; and (hall deliver such certificate, together with such man which certifior men^ to the said officers or persons appointed to receive them, J^|^thet

a and men, Qiall be

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