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45 G. 3. c. 121.
Every Person, (not a Passenger) on board British Vessels required to be licensed by the Admiralty, found within the Limits herein mentioned, from which any Part of the Cargo shall be thrown overboard, shall forfeit 1001. &c.
And may be dealt with as under 45 G. 3. c. 121. § 7; and 47 G. S. ft. 2. c. 66. § 15.
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‘Whereas the Officers of the Customs and Excise, and other Persons authorized to make Seizures, are frequently prevented from seizing Goods subject to Forfeiture, with which Ships, Vessels, and Boats may have been laden, by reason of the same having been thrown overboard during the Chace; and if such Ships are found light, or the Goods are not afterwards discovered and seized, the Persons on board are not liable to be arrested and detained under the Authority of an Act passed in the Forty-fifth Year of His present Majesty, intituled, An Act for the more effectual Prevention of Smuggling: And whereas it is expedient in certain Cases to make Provision for the Arrest and Detention of Persons on board such Ships, Vessels, and Boats, and for rewarding the Officers by whom such Persons are so arrested and detained;’ 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 of the same, That whenever any Ship, Vessel, or Boat, belonging in the Whole or in Part to His Majesty’s Subjects, for which the Owner or Owners thereof are required to have a Licence for navigating the same from the Lord High Admiral of Great Britain, or the Commissioners of the Admiralty for the Time being, or other Persons duly authorized to grant the same, shall be found or discovered to have been within Four or Eight Leagues of such Part of the Coasts of Great Britain or Ireland respectively, as are in any Act or Acts of Parliament in force on and immediately before the passing of this Act described and specified as to such respective Distances of Four or Eight Leagues, or found in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland, and any Person or Persons on board such Ship, Vessel, or Boat, shall, at any Time during the Chace, or previous to such Ship, Vessel, or Boat being taken Possession of, within any or either of such Limits or Distance aforesaid, unship, or throw overboard the Cargo, or any Part of the Cargo, unless through any unavoidable Necessity or Distress, or for the Security or Preservation of the Ship, Vessel, or Boat from the Dangers of the Seas, such Ship, Vessel, or Boat being then laden with a legal Cargo, every Person or Persons found on board being a Subject or Subjects of His Majesty, and who shall not prove that he was only a Passenger on board such Ship. Vessel, or Boat, shall forfeit the Sum of One hardred Pounds, to be recovered as any like Penalty may be recovered under any Act or Acts relating to the Revenue of Customs or Excise in the United Kingdom; and it shall be lawful for the Officer or Officers of the Army, Navy, or Marines, or of the Customs or Excise, by whom such Ship, Vessel, or Boat shall be seized and he and they is and are hereby authorized, empowered, and required to stop, arrest, and detain every such Person being a Subject of His Majesty, and such Person shall be dealt with as any Person is liable to be dealt with by virtue and in pursuance of the said recited Act passed in the Forty-fifth Year of His Majesty’s Reign, for having been taken on board any Ship, Vessel, or Boat liable to Forfeiture by that or any other Act or Acts of Parliament, for being found or having been at Anchor, or hovering within any such Distance of any of the Dominions of His Majesty, with such Goods on board as subject such Ship, Vessel, or Boat, or Goods to Forfeiture; or every such Person, being a Seaman or Seafaring Man, may be dealt with as any Seaman or Seafaring Man may be dealt with by virtue and in pursuance of an Act passed in the Forty-seventh Year of His present Majesty’s Reign, intituled, An Act to make more effectual Provision for the Prevention of Smuggling; and every Officer of the Army, Navy, or Marines, or of the Customs or Excise, shall have the like Powers and Authorities, and be entitled to and receive the like Reward or Rewards for and on account of every Person arrested and detained under the Authority of this Act, as is and are allowed and payable with respect to any Person arrested and detained under the Authority of either of the said recited Acts; as fully and effectually to all Intents, Constructions, and Purposes, as if each and every of the Clauses, Directions, Powers, and Authorities relative thereto were repeated and re-enacted in the Body of this present Act.
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