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Clauses in Act 5 Geo. 1. c.11.
The recited Clauses, respecting customable or prohibited Goods on Board Vessels of 50 Tons or under, found hovering on the Coast of Britain, extended to all such like Vessels found hovering on any of the Coasts of Ireland; and the said Offences to be tried, and Penalties recovered, in any of the four Courts in Dublin. Offences in other Parts, to be prosecuted in the Court of Admiralty, or other Court of Record of the Place ;
and the Forfeitures to be divided and applied as those in Great Britain.
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‘IX. And whereas, by certain Clauses in an Act made in the fifth Year of the Reign of his late Majesty King George the First, intituled, An Act against clandestine Running of uncustomed Goods, and for the more effectual preventing of Frauds relating to the Customs; (which Clauses have been continued by several subsequent Acts) It was declared and enacted, That where any Ship or Vessel of the Burthen of fifty Tons, or under, laden with customable or prohibited Goods, should be found hovering on the Coasts of this Kingdom, within the Limits of any Port, and not proceeding on her Voyage for Foreign Parts, or to some other Port of this Kingdom, Wind and Weather permitting, it should and might be lawful to and for any Officer or Officers of his Majesty's Customs, to go on Board every such Ship or Vessel, and to take an Account of the Lading, and to demand and take Security from the Master, or other Person having or taking the Charge or Command of such Ship or Vessel in that Voyage, by his own Bond by him to be entered into unto his Majesty, his Heirs and Successors, in such Sum or Sums of Money as should be treble the Value of such Foreign Goods then on Board, with Condition that such Ship or Vessel, as soon as Wind and Weather and the State and Condition of such Ship or Vessel permitted, should and would proceed regularly on such Voyage, and should land such Foreign Goods in and at some Foreign Port or Ports; and if such Master, or other Person having or taking the Charge or Command of such Ship or Vessel, should, upon such Demand, refuse to enter into such Bond, or having entered into such Bond, should not depart or proceed regularly on such Voyage as soon as Wind and Weather and the State and Condition of such Ship or Vessel should permit, unless otherwise suffered to make a longer Stay by the Collector, or other Principal Officer in his Absence, of such Port where such Ship or Vessel should be, not exceeding twenty Days, then, and in either of the said Cases, all the Foreign Goods so on Board such Ship or Vessel, should and might by any Officer or Officers of the Customs, by Direction of the Collector, or other Principal Officer as aforesaid, be taken out of and from such Ship or Vessel, and forthwith brought on Shore and secured; and in case the said Goods were customable, the Customs and other Duties should be paid for the same: And as concerning Wool, or any prohibited Goods, or other Goods liable to Forfeiture, which might be found on Board such Ships or Vessels at the Time of their unlading as aforesaid, the same were thereby declared to be subject to Forfeiture, and the Officers of the Customs should and might prosecute the same, as also the Ship or Vessel, in case she should be liable to Condemnation, as in the Manner therein after mentioned; and that after such Goods were so taken out of such Ship or Vessel, and brought on Shore and secured by such Officer or Officers, such Bonds so to be given as aforesaid, should be void and delivered up, without any Fee or Reward for taking or delivering up the same; and such Bond, not being otherwise, discharged, should, on a proper Certificate, returned under the Common Seal of the Chief Magistrate in any Place or Places beyond the Seas, or under the Hands and Seals of two known British Merchants upon the Place, that such Goods were there landed, or upon Proof by credible Persons, that such Goods were taken by the Enemies, or perished in the Seas (the Examination and Proof thereof being left to the Judgment of the Commissioners of the Customs) should be vacated and discharged: And whereas the extending of the said Clauses to the rest of his Majesty's Dominions, may be a Means of preventing illicit Trade ;’ Be it therefore enacted by the Authority aforesaid, That from and after the first Day of July one thousand seven hundred and sixty-three, the said Clauses, and every Part of them, shall be extended to all Ships and Vessels of the Burthen of fifty Tons or under, which shall be found hovering on the Coasts of Ireland, or any other of his Majesty's Dominions or Territories belonging to the Crown of Great Britain; and shall be of equal Force in every Respect, in regard to all such Ships and Vessels found hovering on any of the Coasts aforesaid, as such Clauses now are, or shall be construed to be, in regard to any Ships or Vessels hovering on the Coasts of this Kingdom; and all Offences which shall be committed against the said Clauses, or any Part of them, on the Coasts of Ireland, shall be tried, and the Penalties and Forfeitures thereby incurred shall be prosecuted for and recovered, in any of his Majesty's Courts of Record in Dublin in the said Kingdom; and all Offences which shall be committed against the said Clauses, or any Part of them, on the Coasts of any other of his Majesty's Dominions or Territories (except this Kingdom) shall be tried, and the Penalties and Forfeitures thereby incurred shall be prosecuted for and recovered, in any Court of Admiralty, in the Dominion or Territory on the Coast whereof such Offence shall be committed (which Court of Admiralty is hereby authorized, impowered and required to proceed to hear, and determine the same) or in any Court of Record in such Dominion or Territory, at the Election of the Informer or Prosecutor, according to the Course and Method used and practised there in Prosecutions for Offences against penal Laws relating to the Customs or Excise; and such Penalties and Forfeitures so recovered there, shall be divided and applied in such and the same Manner as Penalties and Forfeitures recovered in Great Britain for the like Offences are, or in Pursuance of this Act may be, directed to be divided and applied.
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