mentioned, shall extend, and be conftrued to extend, to all fhall be exboats, wherries, pinnaces, barges, gallies, or other veffels tended to boats, &c. whatsoever, rowing, or made or built to row, with more than built to row fix oars, which shall be found, either upon the land or water, with more within any harbour, port or place whatfoever, in any other than fix oars, part of Great Britain, or within two leagues of the coaft thereof, in any part of fubject nevertheless to the several exceptions relative thereto as in the faid recited act is and are particularly provided. Great Britain. of his Ma IV. Provided nevertheless, and be it enacted, That nothing This act not herein contained shall extend, or be conftrued to extend, to the to extend to commanders of any of his Majefty's thips or veffels, or veffels commanders, employed in the transport service, with refpect to foreign fpiri- jefty's fhips, or tuous liquors put on board them, to be issued by way of allow- tranfport ance to the refpective fhips companies, or troops put on board veffels, &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- boats in the boats, (ufed in towing ships or veffels) belonging to licensed port of Bristol. pilots within the port and jurisdiction of the city of Bristol. VI. And it is further enacted by the authority aforefaid, Ships and That the ships, veffels, and boats, forfeited by this act, fhall boats forfeited and may be seized and arrested by any officer or officers of the by this act may be feized by customs or excife; and shall and may be profecuted, condemnany officer of ed, and recovered, in the fame manner as other fhips and cuftoms or veffels are directed to be profecuted, condemned, and recovered, excife. by an act, made in the third year of the reign of his present Majefty, (intituled, An act for the further improvement of his Majefty's revenue of customs, and for the encouragement of officers making feizures, and for the prevention of the clandeftine running of goods into any part of his Majefly's dominions); and that when any When any fhip, veffel, or boat, liable to forfeiture by this act, which, by hips, &c. fhall any act or acts of parliament now in force, is after condemna- be feized as are tion liable to be burnt or destroyed, or to be used in his Ma- not fit for his jesty's fervice, fhall be seized by any officer of customs or excife Majesty's fervice, their hulls as forfeited, and the fame fhall not be thought fit or neceffary may be brokto be used in his Majefty's fervice, it fhall and may be lawful en up and fold. for the refpective commiffioners of customs and excife, after condemnation, to direct the hull of every fuch fhip, veffel, or boat, to be broken up, and the materials of every fuch hull to be fold to the beft advantage, and the produce thereof to be divided in the fame manner as the produce of the tackle, furniture, and apparel, of fhips, veffels, and boats, burnt and destroyed, is now directed to be divided; and no writ of delivery fhall be In what cafes granted out of the court of exchequer for any fuch fhip, veffel, writs of deor boat, fo feized by any officer of the customs or excife, and livery may be which by any former act relating to the customs or excife is di- granted out of the exchequer rected to be burnt or deftroyed, or to be used in his Majefty's for fuch fhips, fervice, and which is hereby liable to be broken up, unless the &c. officer feizing the fame fhall delay proceeding to the trial and condemnation thereof for the space of three terms; and in that cafe, not without good fecurity being given, in double the Cc 4 value " Penalty of 300l. on the matter of any fhip coming from abroad having more than fop being in casks under 60 gal lons. Officers of value of fuch fhip, veffel, or boat, to return the fame upon condemnation, in order to be broken up, or used in his Majesty's fervice. VII. And be it further enacted by the authority aforesaid, That, from and after the said first day of August, one thousand seven hundred and seventy-nine, in all cafes where the officers of customs or excife fhall discover and find on board any thip or veffel, coming and arriving from foreign parts, within the limits of any of the ports of this kingdom, more than one hunpounds of tea dred pounds weight of tea, not being in hips belonging to or on board, (not being an Bait employed by the united company of merchants of England India fhip); trading to the East Indies; or more than one hundred gallons or more than of foreign brandy, or of other foreign fpirituous liquors, over 190 gallons of and above the quantity of two gallons for every feaman then foreign fpirits belonging to and on board fuch thip or veffel, and being in (befides two cafks under fixty gallons; the mafter, or other perfon having or gallons for each feaman taking the charge of fuch fhip or veffel, fhall forfeit the fum of on board), three hundred pounds; and it shall and may be lawful in fuch cafe for any officer or officers of the customs or excise, and for all other perfons acting in their aid and allistance, and they and each of them is and are hereby authorifed to arreft, take, and detain, the faid mafter or other perfon fo having the charge or command of fuch fhip or veffel, and to carry and convey the perfon fo taken before any one of his Majesty's juftices of the peace, refiding near to the place where fuch ship or vessel hall then be, or where such person (hall be arrested and taken and the perfon fo carried and conveyed fhall be obliged to enter into a recognizance to his Majefty, his heirs and fucceffors, before fuch justice, in the fum of three hundred pounds, (which recognizance fuch juftice is hereby authorised and required to take), with condition to enter an appearance in the courts of exchequer in England and Scotland refpectively, within the first four days of the term next ensuing such arrest, to any information which fhall or may be exhibited against him; and fuch juftice hall, and he is hereby required forthwith to tranfmit every fuch recognizance to the King's remembrancer in fuch of the faid respective courts; and if fuch person shall refufe to enter into fuch recognizance as aforefaid, then fuch juftice fhall commit fuch perfon to the next county gaol, there to remain until he shall enter into fuch recognizance. customs or excite may atreft fuch malters, &c, ; After Aug. 1, VIII. And it is further enacted by the authority aforesaid, 1779, officers That, from and after the faid first day of August, one thousand of cultoms or feven hundred and feventy-nine, it fhall and may be lawful for excife, and their afultants, any officer or officers of the customs or excife, and for all other may a rete all perfons acting in their aid and affiftance, to arreft, ftop, and deperions round tain, all and every perfon and perfons who fhall be found aiding or affifting in unshipping to be laid on land any tea, foreign brandy, or other foreign fpirituous liquors, or any goods or merchandizes whatsoever, (customs and other duties not being first paid or fecured,) or which are or may be prohibited to be imported into this kingdom; and fuch officer or officers, and all perfons aiding in unshipping unculomed or prohibited goods; and carry them. perfons acting in their aid and affiftance, fhall forthwith carry them before and convey the faid person or persons before one or more of a juftice, who his Majefty's juftices of the peace refiding near to the place may commit where fuch offences fhall be committed; and fuch justice or juftices fhall, if he or they see caufe, commit fuch perfon or perfons to the next county goal, there to remain, without bail or mainprize, until the next general quarter feffions 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. laden with IX. And be it further enacted by the authority aforefaid, Two or more That, from and after the first day of August, one thousand feven perfons travelling togehundred and feventy-nine, if any perfons, to the number of two ther armed, or more in company, fhall be found paffing in any part of this or in disguise, kingdom with one or more horfe or horfes, or with any cart with any horfe or carriage, whereon there fhall be laden or put more than fix or carriage pounds weight of tea, or foreign brandy, or other foreign fpiri- more than fix tuous liquors, exceeding the quantity of five gallons, not hav- pounds of tea, ing paid the respective duties by law charged thereon, and not or five gallons having an authentick permit or permits with the fame; and fhall of foreign fpicarry any offenfive arms or weapons, or wear any vizard, mask, permit, or other difguife, when paffing with fuch tea, or foreign fpirituous liquors, as aforefaid; it shall and may be lawful for any of- may be arrestficer or officers of the customs or excife, and all other perfons ed by any ofacting in their aid and affistance, to stop, arrest, and detain, the ficers of cuftoms or excife, person and persons so paffing as aforefaid, in whose charge, care, and carried cuftody, or poffeffion, the faid tea, foreign brandy, or other before a jusforeign fpirituous liquors, or either of them, thall then be found: tice, and the faid officer and officers, and the perfons acting in their aid and affiftance, fhall and may, and they are hereby authorifed to convey the perfon or perfons, fo offending as aforesaid, be rits, without a fore any one or more of his Majefty's juftices of the peace; who, who may if he or they fee caufe, fhall commit the offender or offenders to commit them. the next county goal, there to remain, without bail or mainprize, till the next general quarter feffions of the peace of the county or place, to be tried and dealt with as by this act is herein-after directed. fhall obstruct X. And be it further enacted by the authority aforefaid, Any perfon, That if, from and after the said first day of August, one thousand after Aug. 1. feven hundred and feventy-nine, any perfon or perfons whatfo- 1779, who ever shall assault, refift, oppose, moleft, obstruct, or binder, any any officer of officer or officers of the customs or excise in due feizing or fe- cultoms or curing any coffee, tea, cocoa-nuts, chocolate, foreign brandy, or excife in feizother foreign fpirituous liquors, or any other goods whatfoever ing uncuftomed or prohibitwhich by any officer or officers of the cuftoms or excife fhall or ed goods; may be liable to be feized by virtue of or in pursuance of any act now in force; or fhall by force or violence rescue, or fhall or shall atcause to be rescued, any of the faid goods, after the fame fhall tempt to refcue the fame; have been seized by fuch officer or officers as aforesaid, or shall attempt or endeavour fo to do; or, after such seizure, fhall cut, or fhall ftave, break, or otherwife deftroy or damage, any casks, veffels, damage any cams, &c. in boxes, or package, wherein the fame refpectively fhall be con- which fuch tained; it fhall and may be lawful to and for the officers of the goods fhall be customs contained may be arrest carried before. Officers to enter into re cognizance to profecute. Charges of profecution to be paid by receiver-general of cuftoms or excife. Perfons committed as aforefaid to be tried by the quarter lef. tions; the customs and excife, and for all perfons acting in their aid and affiftance, to stop, arreft, and detain, all and every the person and perfons fo offending, and him, her, or them, forthwith to carry and convey before one or more of his Majesty's juftices of peace, near to the place where the offence fhall be com mitted or done; and the juftice or juftices fhall, if he or they fee caufe, commit the perfon or perfons, fo brought before him or them, to the next county goal, until the next general quarter feffions of the peace to be holden for the fame county or place, there to be tried and dealt with as by this act is herein-after directed. XI. And be it further enacted by the authority aforefaid, That the officer or officers who thall convey any offender, arrefted by the authority of this act, before any juftice of the peace as aforefaid, fhall, in cafe fuch offender fhall be committed to the county gaol as aforesaid, enter into a recognizance to his faid Majefty, his heirs and fucceffors, before fuch juftice, in the fum of forty pounds, conditioned to appear at fuch general quarter feffions of the peace, and to profecute the perfon fo committed; and the commiffioners of cuftoms and excife respectively are hereby directed and required to order the charges of fuch profecution to be paid out of any money in the hands of the receivergeneral of the customs and excife respectively, arising by any branch of the revenue under their respective management. XII. And be it further enacted by the authority aforefaid, That where any perfon or perfons fhall be arrested, detained, and committed as aforefaid, for any offence against this act, to any county gaol, there to remain until the next general quarter feffions as aforefaid, it fhall and may be lawful for the juftices at fuch feffions, and they are hereby authorised and required to examine, hear, try, and determine, all and every fuch offence and who on con- offences; and if the perfon or perfons fo committed as afore faid, fhall be duly convicted before them of any offence against this act, then, and in every such case, it shall and may be lawful hard labour in for the faid juftices, at fuch general quarter feffions, and they are hereby respectively authorised and required, in lieu of any other punishment to which fuch offender or offenders might be liable for the fame offence by any former act, to commit fuch person or persons to hard labour in the houfe of correction of the county, city, town, or place, there to remain for a term not exceeding three years, nor less than one year. viction, fhal commit the offender to the house of correction of the county, &c, But if fuch convict fhall be deemed a proper person to serve his Majefty by land or fea, the juftices fhall deliver him over to the proper officer. XIII. Provided always, That if any perfon fo convicted fhall be approved of by any officer of his Majefty's land forces or fleet, as an able and proper perfon to ferve his Majefty, it fhall and may be lawful for the faid justices, at fuch general quarter feffions, and they are hereby respectively authorifed and required, in lieu of any other punishment to which fuch offender be liable by this or any former act for the fame offence or of fences, to order and adjudge every fuch offender to ferve his Majefty as a foldier or failor, and to caufe fuch man to be delivered over to fuch officer of his Majefty's land forces or fleet, may fuch fuch officer giving a receipt under his hand acknowledging what men are so delivered to him, which receipt fuch officer is hereby required to give; and fuch officer may, in cafe he fhall find it neceffary, detain fuch man in fome fecure houfe or place; and no perfon fo delivered in purfuance of this act fhall be liable to be taken out of his Majefty's fervice by any process other than for fome criminal matter. fuch offender XIV. And be it further enacted by the authority aforefaid, If justices, at That if the faid juftices in their feflions fhall not be attended, at the time of the time of convicting fuch offender or offenders as aforefaid, convicting any by fome proper officer of his Majefty's land forces or fleet, it hall not be atfhall and may be lawful for the faid juftices to adjourn them- tended by a felves to fome other convenient day, and to give fuch directions proper officer, as they shall think proper for fecuring fuch offenders as afore- they may adjourn, and faid, and to caufe notice to be given to any fuch officer of the day and place of fuch adjournment; and fuch officer is hereby thereof to required to attend, or appoint fome other person to attend, the officer, who faid juftices at fuch adjournment, and to receive fuch perfons as fhall attend in they thall adjudge or order to be fo delivered as aforefaid, in cafe perfon or by deputy. fuch officer fhall approve of fuch perfon or perfons as able and proper to serve his Majesty in manner aforefaid. give notice &c. for fuffer. XV. And it is hereby further enacted by the authority afore- Juftices may faid, That it fhall and may be lawful for the faid juftices to im- levy a fine pose upon any gaoler, or keeper of any house of correction, or upon gaoler, of any prifon, who fhall fuffer any perfon, committed to his cul- ing an escape tody in pursuance of this act, to efcape, or upon any conftable, or on parishheadborough, tithingman, or parish or town officer, for every officers for wilful neglect or default in the execution of any warrant, order, fault in exemaking dèor precept, to them, or any of them, directed in purfuance of cution of this act, a fine not exceeding ten pounds, and to caufe every warrants, &c. fuch fine to be levied by diftrefs and fale of the offender's goods, rendering the overplus (if any) to the owners, and to pay the faid fine to the informer or informers. articles of war XVI. And be it further enacted by the authority aforefaid, The fecond That the juftices, upon fuch conviction as aforefaid, and deli- and fixth fecvery of fuch perfons to fuch officer or officers receiving fuch tions of the perfons as aforefaid, fhall cause the second and fixth fections of against mutiny the articles of war against mutiny and defertion to be read to and defertion the perfon fo to be delivered as aforefaid, in the prefence of the to be read to the faid justices; and the faid juftices thall tender to every fuch per- vered as aforeperfons delifon the oath mentioned in the third section of the articles of faid, and the war; and the faid juftices fhall, and they are hereby required oath tendered forthwith to certify under their hands, that fuch person or per- to them. fons is or are ordered and adjudged to ferve his Majefty, fetting Juftices to cerforth the name, age, parith, and laft place of abode, of him or tify that fuch them refpectively, if known, and that the fecond and fixth fecti- perfons are adjudged to 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 faid articles of war, or had refused to take the faid oath; and fhall deliver fuch certificate, together with fuch man which certifior men, to the faid officers or perfons appointed to receive them, cate, together and |