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SMUGGLING ACT 1808
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C A P. LXXXIV.
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An Act for amending and rendering more effectual an Act, passed in the last Session of Parliament, to make more effectual Provision for the Prevention of Smuggling; and for regulating the Periods for cancelling and delivering up certain Bonds relating to the Revenue of Customs. [23d June 1808.]
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47 G. 3. Sess. 2. c. 56.
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§ a.
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§ a.
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Licences granted under recited Act to Vessels exceeding 30 Tons declared valid.
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‘Whereas an Act passed in the last Session of Parliament, intituled, An Act to make more effectual Provision for the Prevention of Smuggling: And whereas it is expedient that some of the Provisions of the said Act should be amended, and that further Provisions should be made for the more effectual carrying the said Act into Execution, and that certain other Provisions contained in other Acts relating to the Revenue of Customs should be also amended: And whereas by the said recited Act certain Vessels therein described exceeding the Burthen of Fifty Tons, and rigged as Luggers, are made subject to Forfeiture: And whereas the Commissioners of the Customs in England and Scotland and Ireland respectively, did, after the passing of the said Act, grant Licences to the Owners of such Vessels who were defirous of navigating the same for the Purposes of the said Act mentioned, and other lawful Purposes, although the Provisions of the said Act applied only to Vessels not exceeding the Burthen of Fifty Tons; and it is expedient that all such Licences should be made valid: May it therefore please Your Majesty that it may be enacted;’ and be it 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 the said Commissioners, and all Persons acting under their Authority and Direction, in granting any Licence shall be and they are hereby indemnified, and all such Licences are hereby declared and shall be deemed to be good and valid from the Period of granting thereof, and the Provisions of the said Act as to granting such Licence shall from the Day on which the said Act passed, extend and be construed to extend to all Vessels rigged and fitted as Luggers exceeding the Burthen of Fifty Tons by Admeasurement, and by the said Act before made liable to Forfeiture, and not to Vessels therein described under the Burthen of Fifty Tons; any Thing in the said Act contained to the contrary notwithstanding.
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Such Licences may be renewed within 10 Years of the Date of the First Licence.
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II. And be it further enacted, That it shall be lawful for the said Commissioners respectively, at any Time within Ten Years from the Date of the First Licence granted under this Act in respect of any such Lugger as aforesaid, to renew any such Licence to the Owner or Owners of any such Vessel, on Proof to their Satisfaction of the Ownership of such Vessel having been changed by Death or otherwise; any Thing in the said recited Act to the contrary thereof in any wise notwithstanding.
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Such Vessels shall be navigated by a certain Proportion of Men according to their Tonnage.
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III. Provided always, and be it further enacted, That no such Lugger as aforesaid, exceeding the Tonnage of Fifty Tons, shall have on board or be navigated by a greater Number of Men, (Officers and Boys included) than in the following Proportions; that is to say,
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If of Eighty Tons or under, and above Sixty Tons, Eleven Men:
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If of One hundred Tons or under, and above Eighty Tons, Twelve Men:
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And if above One hundred Tons, One Man for every Ten Tons of such additional Tonnage:
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And in case any such Lugger shall be found or discovered to have been within the Limits or Distances in the said recited Act mentioned, having on board any greater Number of Men than in the Proportion aforesaid, every such Lugger, and all her Guns, Furniture, Ammunition, Tackle, and Apparel, shall be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Army, Navy, or Marines, or of the Customs or Excise, and shall and may be prosecuted as Vessels forfeited under the said recited Act may be prosecuted; provided, that nothing herein contained shall extend to any Ship, Vessel, or Boat exempted in the said recited Act from the Provisions therein contained, respecting the Number of Men by which such Ship or Vessel or Boat may be navigated.
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43 G. 3. c. 160.
Vessels having Letters of Marque under said Acts, deemed Vessels licensed under 47 G. 3. st. 2. c. 66.
45 G. s. c. 72.
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IV. ‘And whereas Doubts have arisen whether any Licence is required for the navigating of any Vessel for which a Commission or Letter of Marque hath been granted and remains in force under an Act passed in the Forty-third Year of the Reign of His present Majesty, intituled, An Act for the Encouragement of Seamen, and for the better and more effectually Manning His Majesty’s Navy; for regulating the Payment of Prize Money; and for making Provision for the Salaries of the Judges of the Vice Admiralty Courts in the Island of Malta, and in the Bermuda and Bahama Islands; or under an Act passed in the Forty-fifth Year of the Reign of His present Majesty, intituled, An Act for the Encouragement of Seamen, and for the better and more effectually Manning His Majesty’s Navy during the present War;’ be it therefore declared and enacted, That every Ship and Vessel for which a Commission or Letter of Marque hath been or shall be granted under the said recited Acts of the Forty-third and Forty-fifth Years respectively, shall for and during the Time that such Commission or Letter of Marque shall remain in force be deemed and taken to be a Ship or Vessel licensed under the Provisions of the said recited Act of the last Session of Parliament, and any other Act relating to Licences of Vessels, and shall not be subject to Forfeiture for any Matter or Thing in respect of which a Licence is required by Law, although the Owner or Owners shall not have any Licence from the Commissioners of His Majesty’s Customs.
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Warrant or Non-commissioned Officers of the Army may stop Offenders under any Act relating to Smuggling. [See 47 G. 3. ft. 2. c. 66. §30.]
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V. ‘And whereas Doubts have arisen whether Non-commissioned Officers of the Army, empowered and authorized under the Provisions of the said recited Act of the last Session of Parliament, to patrol for the Prevention of Smuggling, are empowered to stop, arrest, and detain Persons liable to be stopped, arrested, and detained, under the Laws in force for the Prevention of Smuggling, and it is expedient to remove such Doubts;’ be it therefore declared and enacted, That all the Powers, Authorities, Provisions, and Clauses contained in any Act or Acts of Parliament passed for the Prevention of Smuggling in relation to the stopping, arresting, and detaining any Persons liable to be stopped, arrested, or detained under the said recited Act of the last Session of Parliament, or any other Act or Acts passed for the Prevention of Smuggling, shall extend and be deemed and construed to extend to every Warrant and Non-commissioned Officers of His Majesty’s Army, not being below the Rank of a Serjeant, who hath been or shall be approved of by the Officer for the Time being commanding the Regiment in which he serves, as proper and qualified to patrol for the Purpose of preventing illicit Practices on the Revenue, under the said recited Act of the last Session of Parliament.
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Persons making Seizures, who shall carry Seamen to any Ship of War, &c. shall be rewarded, as under 47 G. 3. ft. 2. c. 66. §20.
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VI. And be it further enacted, That every Officer or other Person making Seizure of any Spirits, Tobacco, or Snuff, who shall also arrest, stop, and detain any One or more of the Persons found on board of any Ship, Vessel, or Boat, in or on board of which such Spirits, Tobacco, or Snuff, shall have been or shall be brought, found, or feized, and shall take and carry him or them, being a Seaman or Seamen, a Seafaring Man or Seafaring Men, to any Ship or Vessel of War in His Majesty’s Service, or to the Custody of any Officer employed in His Majesty’s Impress Service, under the Powers, Authorities, and Provisions contained in the said recited Act of the last Session of Parliament, shall be entitled to and shall have and receive the like Reward, in Proportion to the Value of the Spirits, Tobacco, or Snuff, feized, as if such Person or Persons were carried before One or more of His Majesty’s Justices of the Peace.
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9G. 2. c. 35. §28. relating to Seizures of Spirits and Tea, repealed. Unlicensed Persons offering for Sale any Tea or Spirits, &c. without Permit, and Hawkers, &c. so offering for Sale Tea or Spirits, &c. though they have Permits, may be stopped, and taken before a Justice, and proceeded against as under 45G. 3. c. 121. §2. 47G. 3. ft. 2. c. 66. §35, &c.
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VII. ‘And whereas it is expedient that the Provision contained in an Act passed in the Ninth Year of the Reign of His late Majesty King George the Second, in relation to the feizing Spirits and Tea offered for Sale by Persons not having Permit, and Hawkers and Pedlars and Persons going from House to House, should be repealed, and more effectual Provision made in relation thereto;’ be it therefore further enacted, That the said Provision in the said Act contained shall be and the same is hereby repealed: And from and after the passing of this Act, if any Person shall offer for Sale any Tea, Brandy, Rum, Geneva, or other Foreign Spirits, or any Tobacco or Snuff, not being licensed to deal therein, and not having a Permit for the same, or if any Hawker, Pedlar, Petty Chapman, or other trading Person or Persons going from Town to Town, or to other Men’s Houses, and trading either on Foot or with any Horse or Horses or other Cattle, or otherwise, within the Kingdom of Great Britain, shall offer for Sale any Tea, Brandy, Rum, Geneva, or other Spirits, or any Tobacco or Snuff, although he shall have a Permit for the same, it shall be lawful for the Person or Persons to whom the same shall be so offered for Sale to stop, arrest, and detain the Person so offering the same for Sale, and to seize all such Tea, Brandy, Rum, Geneva, or other Spirits, Tobacco and Snuff, and carry the same to the next Warehouse, belonging to the Customs or Excise, and to carry the Person so offering the same for Sale before any One of His Majesty’s Justices of the Peace, who may thereupon require such Person to enter into Recognizance, in Manner directed by the said Act of the Forty-fifth Year of the Reign of His present Majesty, and such Person shall thereupon be subject to all the Provisions in the said Act contained, in relation to Recognizances taken from Persons seized as Smugglers, and (if the Offender shall be a Subject of His Majesty and a Seaman or Seafaring Man, and capable of serving in His Majesty’s Navy) may send such Person to the Custody of some Officer of the Impress Service, by him to be dealt with according to the said recited Act of the last Session of Parliament, or otherwise to be by such Justice committed to Prison, and prosecuted for the Penalties and Forfeitures incurred for such Offence, and such Tea, Brandy, Rum, Geneva, and other Spirits, Tobacco and Snuff, may be prosecuted in the Name of the Person or Persons who so stopped and seized the same, in like Manner as if the said Goods had been seized by an Officer of the Customs or Excise, and after Condemnation of the Goods or Commitment of the Offender, the Person or Persons having seized such Goods, and detained such Person so offering the same for Sale, shall be entitled to Five Pounds, if one Moiety of the Value at which such Goods shall be estimated and fixed as in the said recited Act of the last Session of Parliament mentioned, shall not exceed such Sum of Five Pounds; and if a Moiety of such Value shall exceed Five Pounds, then a Moiety of such Value, which the Commissioners of the Customs and Excise respectively are to cause to be paid in like Manner as Rewards are paid under the said recited Act of the last Session of Parliament; and such Person or Persons so arresting any such Offender shall also be entitled to such further Rewards as by any Law now in force are given to any Officer or Non-commissioned Officer of His Majesty’s Army, Navy, or Marines, for stopping, arresting, and detaining any Offender against any Act or Acts of Parliament passed for the Prevention of Smuggling.
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King’s Bench, &c. may take Cognizance of Offences against Customs and Excise on the High Seas. [See 47 G. 3. ft. 2. c. 66. §44.]
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VIII. ‘And whereas by the said recited Act of the last Session of Parliament, Justices of the Peace are empowered to take Cognizance of Offences and Forfeitures committed or arising on the High Seas, and without the Limits of the County, City, Town, or Place, of and in which they act as such Justices of the Peace; and it is expedient that like Power should be given to His Majesty’s Court of King’s Bench, and to Justices of Oyer and Terminer and Gaol Delivery respectively;’ be it therefore enacted, That from and after the passing of this Act, in all Cases in which His Majesty’s Court of King’s Bench, or any Justice or Justices of Oyer and Terminer or Gaol Delivery, are empowered to take Cognizance of any Assault or Obstruction of any Officer or Officers of the Customs or Excise, Army, Navy, or Marines, or of any Felony or other Offence against, or of any Forfeiture incurred, under any Act or Acts of Parliament now in force, or hereafter to be made relating to the Revenue of Customs or Excise, it shall be lawful for the said Court of King’s Bench, and for such Justice or Justices of Oyer and Terminer or Gaol Delivery for any County, City, Town, or Place respectively, to take Cognizance of such Assault or Obstructions, Felonies, Offences, or Forfeitures, as if the same Assaults or Obstructions, Felonies, or Offences had been committed, or the same Forfeiture or Forfeitures had been incurred on Land within the respective Jurisdictions of the said Court or Justices.
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Penalty on Persons in any unlicensed Vessel on Enemy’s Coast, &c. having Spirits, Tea, Tobacco, or Snuff on board, &c. Felony and Transportation.
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IX. And be it further enacted, That all Persons, being Subjects of His Majesty, who shall, after the First Day of August One thousand eight hundred and eight, voluntarily and without His Majesty’s Licence, or the Licence of His Majesty’s Privy Council, or of One of His Majesty’s Principal Secretaries of State, or of the First Lord of the Admiralty, or other sufficient lawful Authority, and without any sufficient Excuse for the same, proceed and fail in any Ship, Vessel, or Boat, to any Road or Harbour upon the Coast of any of His Majesty’s Enemies, or shall be found in any Ship, Vessel, or Boat lying on the Coast or in any Road or Harbour of any Country belonging to His Majesty’s Enemies, without any such Licence or Authority, or sufficient Excuse as aforesaid, or under the Protection of any Batteries or other Force on such Coasts, or under the Protection of any Vessel belonging to His Majesty’s Enemies, having on board or having had on board on such Voyage, or being in such Harbour, or upon such Coast, or under the Protection of such Batteries, with Intent to take on board any Spirits, Tea, Tobacco, or Snuff, shall be deemed guilty of Felony, and shall be liable to be transported for any Term not exceeding Seven Years.
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Trial of such Offences.
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X. And be it further enacted, That any such Offence as last aforesaid may be alleged, laid, enquired of, and tried in any County, Shire, or Stewartry of this Realm.
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Offenders may be bailed by superior Courts.
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XI. And be it further enacted, That in case any Person shall be committed for any Offence against this Act to any Common Gaol or Place, there to remain till delivered by due Course of Law, it shall be lawful for any of the Justices of His Majesty’s Courts at Westminster, or for any of the Barons of the Exchequer, being of the Degree of the Coif, or for the Lord Justice Clerk, or any the Commissioners of Justiciary in Scotland, if upon Application made he shall think it reasonable, to admit such Person to Bail, he or she giving sufficient Security for his or her Appearance to answer the Matters wherewith he or she shall be charged.
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45 G. 3. c. 121. & 47 G. 3. G.2. c. 66. so for as applicable to Guernsey, &c. extended to Man. [See 45 G. 3. c. 121. §2, 4, 5, 6, 10, & 13. 47 G. 3. c. 66. §11, 12, 13, & 31.]
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XII. ‘And be it further enacted, That so much of the said Two recited Acts of the Forty-fifth and Forty-seventh Years of His present Majesty’s Reign, and of this Act, and all the Penalties, Forfeitures, Provisions, Clauses, Matters, and Things therein contained, as are applicable and extend to the Islands of Guernsey, Jersey, and Alderney, shall, from and after the passing of this Act, extend and be deemed and construed to extend to the Isle of Man, in as full and ample Manner as the same extend to the said Islands of Guernsey, Jersey, and Alderney, and as if the said Isle had in the said recited Acts been expressly named with the said Islands in all the Clauses and Provisions in which the said Islands are mentioned.
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Bonds entered into relating to the Customs shall remain in force Two Years from the Time limited for Performance of the Condition. [See stat. 16 G. 3. c. 48. §2.]
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XIII. ‘And whereas Bonds and Securities taken by Officers relating to the Revenue and Business of His Majesty’s Customs (except Bonds taken for Duties on Payment of Money, or for the good Behaviour of Officers in the Execution of their Duty) are, by an Act passed in the Sixteenth Year of the Reign of His present Majesty, made and declared to be void if no Prosecutions shall be commenced for the Breach or Non-performance of any Covenant or Condition therein contained, within the Space of Five Years from the Date of such Bonds or Securities: And whereas many Bonds relating to the Revenue and Business of His Majesty’s Customs (besides such Bonds as in the said recited Act are excepted) are taken with Conditions which cannot be completely performed within Five Years from the Date thereof;’ be it therefore further enacted, That every such Bond as aforesaid, which has heretofore been or shall hereafter be entered into in relation to the Revenue or Business of His Majesty’s Customs, shall remain and continue in full Force for Two Years, and may be prosecuted and put in Suit at any Time within Two Years from the Time limited in the Condition of every such Bond respectively, for the Performance thereof, any Thing in the said Act contained to the contrary thereof notwithstanding; and from and after the Expiration of such Two Years as aforesaid, every such Bond, upon which no Prosecution or Suit shall have been commenced, shall be void, and may be cancelled and destroyed as in the said Act is directed.
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Bonds on granting Licences shall not be cancelled till Licences shall have been delivered up 12 Months.
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XIV. And be it further enacted, That it shall not be lawful for any Officer of His Majesty’s Customs to cancel any Bond given upon the granting of any Licence or Licences for the Navigation of any Vessel or Boat, and for the preventing the Owner or any other Person using or employing such Vessel or Boat contrary to the Laws in force for the Prevention of Smuggling, or to deliver up any such Bond to the Obligor or Obligors, or any other Person, until the Licence or Licences in respect whereof such Bond was given hath been delivered up to the proper Officer of the Customs for the Space of Twelve Calendar Months, or the Penalty of such Bond hath been paid to His Majesty.
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