Page images
PDF
EPUB

who shall, after having become disqualified by taking such ' oath of allegiance as aforesaid, take the command of any Bri 'tish vessel, as master, shall forfeit one hundred pounds; and 'every person who shall, after having become so disqualified engage to serve as a British sailor, seaman, or mariner, or 'board any such vessel shall forfeit ten pounds;' SUCH FORFEI

TURES RESPECTIVELY TO BE RECOVERED UPON CONVICTION BE FORE A JUSTICE OF THE PEACE,* if the offence shall be com mitted in Great Britain or before the proper court of the islan or colony, if the offence is committed out of Great Britai s. 8.

But no vessel, on board whereof any person who is so du qualified shall be employed as master, shall be forfeited by re son thereof, if the owner shall show that such disqalificatio was unknown to them or their agent, and that such disqualific tion of such sailor, seaman, or mariner, was unknown to the or to their agents, and to the master, at the time of engagi such person so disqualified. s. 8.

And all goods, wares, and merchandize whatever, import exported, or carried coastwise, contrary hereto, and also vessel with all her guns, furniture, ammunition, tackle, apparel, shall be forfeited; also if any vessel shall sail in last, or be employed in fishing on the coast, or, being requ to be manned and navigated as before directed, shall not manned and navigated according to this act, such ve with all her guns, furniture, ammunition, tackle, and app and all goods on board shall be forfeited.

s. 10.

And all goods and vessels so forfeited, shall be seized by commander of any ship of war, or any commissioned, war or petty officer, appointed by him, or by any officer of toms. 8. 11.

And every forfeiture, whereof the recovery is not spec provided for by this act, may be recovered, and applied ac ing to the law of customs.+

3. 11.

h

And in case any British vessel shall be found at sea, on board a greater number of foreign mariners than i lowed, and the master shall produce a certificate of the a necessity of engaging such foreign mariners in some fo port, by occasion of sickness, death, or desertion, or of the number having been taken prisoners during the voyage, that British mariners could not be engaged to supply room, and that, for the safe navigation of the vessel, it w cessary to employ such foreign mariners, under the hand British consul, or if there is none, under the hands British merchants, the said vessel shall not be stopped

* The stat. does not direct how this penalty shall be levi therefore seems that the justice's authority extends no further convict the offender in a due course of law.

+ For which, see title SMUGGLING,

See sec. 5 supra.

tained, but the persons authorised to seize are to indorse the certificate, testifying the production thereof, and when and where, and that the number of foreign mariners correspond with the certificate, for the consideration of the commissioners of customs. s. 12.

The acts 7 & 8 Will. 3. c. 22. s. 17, and 26 Geo. 3, c. 60, Ships to be redirect that all British ships shall be registered in the port to gistered, and a which they belong, in the manner therein prescribed; a certi- thereof given. ficate of which registry is to be given to the owners, by the

collector and comptroller of customs.

certificate

And the act 28 Geo. 3. c. 34, after reciting that it has been Penalty on 'found that masters of ships and vessels have wilfully and ma- masters of ships detaining certi'liciously detained and refused to deliver up such certificates ficates. to the prejudice of the owner's,' enacts, That on complaint made on oath by the owner or owners of any vessel, whose certificate of registry shall be detained and refused to be de livered up, of such detainer and refusal, to any justice near the place where such detainer shall be; it shall be lawful for such justice, by warrant under his hand and seal, to cause such master to be brought before him to be examined touching such detainer and refusal; and if it appear to the justice, on examina. tion of the master or otherwise, that the same is not lost or mislaid, but is wilfully detained by the master, such master shall be thereof convicted, and shall forfeit 100%. and on failure of payment thereof, within two days after conviction, he shall be committed to the common gaol, there to remain for such time as the justice shall think proper, not less than six, nor more than twelve months. s. 13.

And the said justice may issue a warrant to search for such certificate, and if found he shall cause the same to be delivered to the owner; and if not found, he shall certify the detainer, refusal and conviction, to the person who granted the last certificate of registry for such vessel, who shall, on the terms of the acts being complied with, make registry of such vessel de novo, and grant a certificate thereof, conformably to the directions of the said acts, notifying on the back the ground upon which such vessel was registered, de novo. s. 14.

"But the good purposes intended by the above act not having 'been effected, and it being expedient to make further provisions for the preventing the masters of vessels from witholding cer *tificates of registry, to the prejudice of the owners;' It is enacted by 34 Geo. 3. c. 68, That in case the master of any ship or vessel, who shall have received the certificate of the registry thereof (whether such master shall be a part owner or not),' shall wilfully detain and refuse to deliver up the same to the proper officers impowered to make registry and grant a certificate thereof, or the owner or owners of such ship or vessel, or the major part of them, if such master has not any property therein, or on the other owner or owners or the major part of them, if he hath any share or property therein, requiring him so to do: it shall be lawful for the owner or owners, or the major part of them, to make complaint thereof

on oath against the master, to any justice near to the place where such detainer and refusal shall be; and on such complaint the said justice is by warrant to cause such master to be brought before him, to be examined touching such detainer and refusal; and if it shall appear to the justice on examination of the master, or otherwise, that the said certificate of registry is not lost or mislaid, but is wilfully detained by the said master, such master shall be thereof convicted, and shall forfeit one hundred pounds; and on failure of payment thereof, he shall be com mitted to the common gaol, there to remain for such time as the said justice shall deem proper, not being less than six nor more than twelve months. s. 18.

And the said justice is to certify the aforesaid detainer, refucal, and conviction, to the person who granted such certificate of registry, who, shall, on the terms and conditions of law being complied with, make registry of such vessel de novo, and grant a certificate thereof, notifying on the back, the ground upon which the vessel was so registered de novo.

s. 19.

The form of a warrant to apprehend the master of a ship for detaining the ship's certificate.

[blocks in formation]

Whereas PG of C, in the said county of M, merchant, one of the owners of the ship or vessel culled and duly registered in the port of ·

[ocr errors]

belonging to

in the county of , according to the statutes in that behalf made and pro vided, did this day of come before me JP, esq. one of his majesty's justices of the peace in and for the said county, and upon his oath make complaint that OO of mariner, the late master of the said ship or vessel, doth wilfully and maliciously detain and refuse to deliver up the certificate of the registry of the said ship or vessel, granted in pursiance of an act made and passed in the seventh and eighth years of the reign of his late majesty king William the third, intituled, "An act for preventing frauds and regulating abuses in the "plantation trade," and also of an act passed in the 26th year of his present majesty's reign, intituled, “An "act for the further increase and encouragement of ship

ping and navigation," to the prejudice of him the said PG, and the other owners of the said ship or vessel; and contrary to the statute in that case lately made and provided: These are therefore in his said majesty's name to command you forthwith to apprehend the said Ŏ O, and to bring him before me to answer unto the said complaint, and to be further dealt with according to law.-Given under my hand and seal this

day of

For the offence of wilfully destroying ships, see FELO-
NY without clergy, head SHIPS.

For the offence of plundering or destroying a ship in
distress, see title WRECK,

SHIPS.

For the offence of stealing goods from on shipboard, see
24 Geo. 2. c. 45, under title FELONY without cler-
gy, head LARCENIES, sec. 9.

For the offence of burning or destroying his majesty's
shipping or stores, see title STORES.

For the offence of seamen preventing colliers and other
ships from sailing, see 33 Geo. 3. c. 67, under title
SEAMEN.

471

SHIRE-HALL.

BY 9 Geo. 3. c. 20, the justices in sessions, on presentment How to be reof the grand jury at the assizes, of the ill state and condition of the paired. Shire-Hall, or other building commonly used for holding the assizes, and the necessity of repairing the same, may order it to be repaired in such manner as they shall think fit, and the money to be levied as for other county rates. s. 1.

And if there be occasion for sudden repairs, which will not cost more than 30%. two justices after having ordered the same, and an estimate having been made by able workmen of the expences thereof, may order it to be repaired, and the money to be levied as aforesaid, as if it had been presented by a grand jury. s. 3.

But where the same hath for time out of mind been repaired at the expence of any particular places; or persons are bound by law and ancient usage to furnish the same with benches, tables, rails, or other fixtures, they shall continue liable as before.

$.2-4.

By 14 Geo. 3. c. 59, the justices in their quarter sessions May be ventimay direct the shire.hall, or other court of justice within their lated. jurisdiction to be properly ventilated: the expences thereof to be paid out of the general county-rate.

Shoemakers: See MANUFACTURES AND MANU

FACTURERS.

Silks. See EXCISE (printed goods), MANUFAC
TURES, MANUFACTURERS and SMUGGLING.

Slander. See WORDS.

SMUGGLING.

SMUGGLING, properly so called, consists in the bring

ing on shore, or in the carrying from the shore, of goods, wares, or merchandize, for which the duty has not been paid; or of goods of which the importation or exportation is prohibited. Jac. Abr. 523.

This offence is productive of various mischiefs to society. The public revenue is thereby lessened; the fair trader is injured and the nation impoverished; rival, and perhaps hostile states are thereby enriched; and the persons guilty thereof, being hardened by a course of disobedience to, and defiance of law behave so abandoned and daring, as not to hesitate at being guilty of the greatest offences. 4 Bac. Abr. 523.

As this is restrained by a great variety of statutes, it will be proper, for the better understanding of the subject, to consider distinctly;

1. The customs in general.

II. Prohibited goods: and herein 1. Concerning articles prohibited to be imported. 2. Concerning articles prohibited to be exported.

III. The pecuniary penalties and forfeitures: incurred by persons guilty of smuggling; or of such practices as have a direct tendency thereto; viz.

1. In ships at sea, or hovering upon the coast.
2. In ships in port inward bound.

3. In ships in port outward bound.

[ocr errors][merged small]

5. In the case of certificate and prohibited goods..
6. In divers other cases.

IV. The corporal punishment to which persons who have been guilty of smuggling, or of such practices as have a di rect tendency thereto, are liable,

« PreviousContinue »