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24 G.3. Sess. 2. c.47. § 24.
Proclamation, 1 Jan. 1801.
Hoisting on board any Ship, Boat, &c. Flags, &c. worn by His Majesty’s Ships, without Warrant from the Admiralty,
Penalty, 500l.
Officers of the Navy, &c. may enter such Ships, &c.
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II. ‘And Whereas by an Act passed in the Twenty fourth Year of His said late Majesty’s Reign, intituled An Act for the more effectual Prevention of Smuggling in this Kingdom, a Penalty of Five hundred Pounds is imposed on the Master or other Person having Charge of any British Ship or Vessel, not being in the Service of His Majesty’s Navy or His Majesty’s Revenue of the Customs or Excise, who shall carry or hoist any Pendant or Ensign as therein mentioned: And Whereas His late Majesty by His Royal Proclamation, bearing Date the First Day of January One thousand eight hundred and one, was pleased, with the Advice of His Privy Council, to order and appoint what Ensign or Colours should be borne at Sea by Merchant Ships or Vessels belonging to any of His Majesty’s Subjects of the United Kingdom of Great Britain and Ireland, and of the Dominions thereunto belonging, thereby charging and commanding all His Majesty’s Subjects whatsoever that they should not presume to wear in any of their Ships or Vessels His Majesty’s Jack, commonly called the Union Jack, nor any Pendants, nor any such Colours as are usually worn by His Majesty’s Ships, without particular Warrant for their so doing from His Majesty, or His High Admiral of Great Britain, or the Commissioners for executing the Office of High Admiral for the time being, and also commanding His Majesty’s Subjects that without such Warrant as aforesaid they should presume not to wear on board their Ships or Vessels any Flags, Jacks, Pendants or Colours, made in imitation of or resembling those of His Majesty, or any Kind of Pendant whatsoever, or any other Ensign than the Ensign described in the Margin of the said Proclamation: And Whereas it is expedient that all Doubts that may have been entertained as to the Law on this Subject should be removed, and that Provision should be made for carrying the said Proclamation into effect;’ Be it therefore enacted and declared, That from and after the passing of this Act, it shall not be lawful for any of His Majesty’s Subjects whomsoever to hoist, carry or wear in or on board any Ship, Vessel or Fishing Boat or any other Vessel or Boat whatever, whether Merchant or otherwise, belonging to any of His Majesty’s Subjects, His Majesty’s Jack, commonly called the Union Jack, or any Pendant, or any such Colours as are usually worn by His Majesty’s Ships, or any Flag, Jack, Pendant or Colours whatever, made in imitation of or resembling those of His Majesty, or any Kind of Pendant whatsoever, or any Ensign or Colours whatever, other than those prescribed by the said Proclamation; and that if any Person or Persons shall nevertheless presume to hoist, carry or wear in or on board any Ship or Vessel, Fishing Boat or other Vessel or Boat whatever, belonging to any of His Majesty’s Subjects, whether the same be Merchant or otherwise, His Majesty’s Jack, commonly called the Union Jack, or any Pendant or Colours such as are commonly worn by His Majesty’s Ships, or any Jack, Flag, Pendant or Colours whatever, made in imitation of or resembling those of His Majesty, or any Kind of Pendant whatever, without such Warrant as aforesaid, or any other Ensign or Colours than the Ensign or Colours prescribed by the said Proclamation to be worn, then and in every such case the Master or other Person having charge of such Ship, Vessel or Boat, or the Owner or Owners thereof, being on board the same, and every other Person so offending, shall for every such Offence forfeit and pay the Sum of Five hundred Pounds, to be recovered with Costs of Suit, either in the High Court of Admiralty, or in any of His Majesty’s Courts of King’s Bench or Exchequer at Westminster or Dublin, or in the Courts of Session or Exchequer in Scotland respectively; and that it shall be lawful for any Officer of His Majesty’s Navy, Customs or Excise, to enter on board any Ship, Vessel or Boat so hoisting, wearing or carrying any Jack, Flag, Ensign, Pendant or Colours prohibited by the said Proclamation and by this Act to be hoisted, worn or carried, and to seize and take away the same; and the same shall thereupon become forfeited.
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