vice, nor any life-boat or tow-boat used in towing vessels belonging to licensed pilots, nor to any boat used solely in rivers or inland navigation, on account of such ship, vessel, boat, or lugger not being licensed. §22. Licence to contain certain particulars.-Every licence granted by the commissioners of customs, for any vessel requiring licence, shall contain the proper description of such vessel, the names of the owners, with their abode, and the manner and the limits in which the same is to be employed, and if armed, the numbers and description of arms, and the quantity of ammunition, together with any other particulars which the commissioners may require. § 23.

Before licence granted to a ship, owners to give security by bond in certain conditions.-Before such licence shall be delivered, or have effect, the owners shall give security by bond of two or more sufficient persons, (being housekeepers,) in treble the value of such vessel (not exceeding in any case £1000 for a square-rigged vessel) with condition, that the vessel shall not be employed in the importation, landing, or removing of any prohibited or uncustomable goods, contrary to this act, or any other act relating to the customs or excise, nor in the exportation of any goods which are or may be prohibited to be exported, nor in the relanding of any goods contrary to law, nor shall receive on board or be found at sea or in port with any goods subject to forfeiture, nor shall do any act contrary to this act, or any act hereafter to be made relating to the customs or excise, or for the protection of trade and commerce, nor shall be employed otherwise than mentioned in the licence, and within the limits therein mentioned; and in case of loss, breaking-up, or disposal of the vessel, then the licence shall be delivered within six months from the date of such loss, breaking-up, or disposal, to the collector or principal officer at the port to which such vessel shall belong. § 24.*

Licence bond to be given at the port to which the vessel belongs.—Such bond shall be given at the port to which such vessel shall belong, and at no other, without the consent of the commissioners of customs; and the persons who are to become such security shall be persons, whether owners or not, approved by the collector and comptroller of the port, and residing at or near such port; and the collector and comptroller shall certify upon such licence before they issue the same, that the security has been given. § 25.

Licence for boat to contain certain particulars.-Every licence granted for any boat requiring licence, shall contain the description of the boat, with the names of the owners, and their abode, and the manner and limits in which such boat is to be used, together with any other particulars which the commissioners may require; and the owners of the said boat shall give their own security by bond, in treble the value thereof, with the like condition as is hereinbefore required on licences granted for vessels; and such bond shall not be liable to any stamp duty. § 26.

Commissioners may refuse licence or revoke licence when granted.It shall be lawful for the commissioners to restrict the granting of a licence for any vessel or boat, in any way that they may deem expedient for the security of the revenue; and in case the commissioners shall have granted a licence for any vessel, and shall deem it necessary to require fresh security, they are empowered so to do, by an order in writing under their hands; and a copy of such order shall be left either with the owners of such vessel, or with the person in whose custody the same shall then be; and after the delivery of such order, the licence granted shall be null and void, and the owners are to deliver up the said licence to * See 7 Geo. IV. c. 48. § 12 and 13. page 422.

the collector at the port to which such vessel or boat shall belong, within three months from the day when such order shall be delivered; and in default, the owners shall forfeit £100; and if any vessel or boat requiring such licence shall be found without such licence, or shall be found to have been used in any trade, or in any limits other than such as shall be specified in such licence, in such case the said vessel or boat, with all her guns, furniture, ammunition, tackle, and apparel, and all the goods laden on board, shall be forfeited. § 27.

Licences to be taken to the collector at the port to be registered.—The owner of every vessel or boat licensed shall, before such vessel or boat first proceeds to sea, or departs out of any port, bring such licence to the collector or proper officer, and the said collector or officer is to register the same; and in default of the owner bringing the same, the said licence shall be void; and the master is to produce such licence to any officer of the army, navy, or marines, duly authorized and on full pay, or officer of customs or excise, who shall board such vessel or boat within the limits aforesaid, and shall demand a sight of the same, and in case of a refusal to produce the same, or the same shall not be on board, or if the licence produced shall be without an endorsement thereon that the proper security hath been given, in such case the vessel or boat shall be forfeited, with her guns, furniture, ammunition, tackle, and apparel. § 28.

Vessels in course of removal to obtain certificate.-It shall be lawful for the commissioners, on proof to their satisfaction that the master or owner is desirous of removing such vessel or boat to the port to which she belongs, for the purpose of obtaining a licence and giving security, to grant a certificate to such master or owner of such proof having been made; and in such case, so long as such vessel or boat shall be in her voyage to the port to which the vessel or boat belongs, such vessel or boat shall not be liable to forfeiture on account of not being licensed. § 29.

Counterfeiting licences.-If any person shall counterfeit, erase, alter, or falsify any licence, or shall knowingly make use of any licence so counterfeited, erased, altered, or falsified, such person shall forfeit £500. § 30.

Licenced vessel being lost, broken up, &c.—Whenever any licensed vessel or boat shall be lost, broken up, captured, burnt, seized, and condemned, sold, or otherwise disposed of, the licence shall be delivered up to the collector at the port to which such vessel or boat belongs, within six calendar months; or in case of the licence being lost or taken by the enemy, proof thereof, on oath, shall be made within the same period, before the collector; and in default the owner, and the master, shall forfeit £100. § 31.

Goods.

Uncustomed or prohibited goods unshipped or removed illegally, &c. forfeited. If any goods liable to the payment of duties shall be unshipped from any vessel or boat, (customs and other duties not being first paid or secured,) or if any prohibited goods shall be imported; or if any goods whatsoever, which shall have been imported, warehoused, or otherwise secured, either for home consumption or exportation, shall be clandestinely or illegally removed out of any warehouse or place of security; in such case all such goods shall be forfeited, together with all horses and other animals, and all carriages and other things made use of in the removal of such goods. § 32.

Prohibited goods shipped or brought to the quay.—If any goods, pronibited to be exported, shall be put on board any vessel or boat, with intent to be shipped for exportation, or shall be brought to any quay, wharf, or other place, in order to be put on board any vessel or boat for the purpose of being exported; or if any goods prohibited to be exported shall be found in any package produced to the officers of customs, as containing goods not prohibited, in such case not only ali such prohibited goods, but also all other goods packed therewith, shall be forfeited. § 33.

Goods liable to forfeiture may be seized.-All vessels and boats, and all goods whatsoever liable to forfeiture, under this or any other act, may be seized in any place, either upon land or water, by any officer of his Majesty's army, navy, or marines, duly authorized and on full pay, or officers of customs or excise, or any person having authority to seize from the commissioners of customs or excise; and all vessels, boats, and goods so seized shall be delivered into the care of the proper officer. § 34.

Making collusive seizures.-If any officer of the customs, or any officer of the army, navy, or marines, and any other person employed by the commissioners of the customs, shall make any collusive seizure, or deliver up, or make any agreement to deliver up, or not to seize, any vessel or boat, or any goods liable to forfeiture, or shall take any bribe, gratuity, recompense, or reward, for the neglect or non-performance of his duty, every such officer or other person shall forfeit £500, and be rendered incapable of serving his Majesty in any office, either civil or military; and if any person shall give, or offer, or promise to give any bribe, recompense or reward, or make any collusive agreement with any such officer, to induce him in any way to neglect his duty, or to do, conceal, or connive at any act, whereby any of the provisions of any act of parliament may be evaded, every such person shall, whether the offer be accepted or performed or not, forfeit £500 § 35.

Search for prohibited and uncustomed goods.-It shall be lawful for any officer of the army, navy, or marines, authorized and on full pay, or for any officer of customs, producing his warrant or deputation (if required) to go on board any vessel within the limits of any of the ports of this kingdom, and to rummage and to search the cabin and all other parts for prohibited and uncustomed goods, and to remain on board during the whole time that such vessel shall continue within the limits of such port; and also to search any person or persons either on board, or who shall have landed from any vessel: Provided such officer shall have good reason to suppose that such person hath any uncustomed or prohibited goods secreted about his person; and if any person shall obstruct, oppose, or molest any such officer in going or remaining on board, or in entering or searching such vessel or person, such person shall forfeit £100. § 36.

Officers, before searching people, to take them before a justice, collector, or comptroller of customs.-Before any person shall be searched by any such officer, it shall be lawful for such person to require such officer to take him before any justice of the peace, or before the collector, comptroller, or other superior officer of customs, who shall determine whether there is reasonable grounds to suppose that such person has any uncustomed or prohibited goods about his person; and if it shall appear to such justice, collector, comptroller, or other officer of customs, that there is reasonable ground, then such justice, collector

comptroller, or other officer of customs, shall direct such person to be searched in such manner as he shall think fit; but if it shall appear that there is not reasonable ground, then such justice, collector, comptroller, or other officer of customs, shall forthwith discharge such person, who shall not in such case be liable to be searched; and every such officer is authorized to take such person, upon demand, before any such justice, collector, comptroller, or other officer of customs, detaining him in the mean time: Provided that no person, being a female, shall be searched by any other person than a female duly authorized by the commissioners of customs. § 37.

Officer not taking suspected persons before a magistrate.-If any such officer shall not take such person with reasonable despatch before such justice, collector, comptroller, or other officer of customs, when required, or shall require any person to be searched by him, not having reasonable ground to suppose that such person has any uncustomed or prohibited goods about his person, such officer shall forfeit £10. § 38. Passengers having goods in possession.-If any passenger or other person on board any vessel or boat shall, upon being questioned by any officer of customs, whether he has any foreign goods upon his person, or in his possession, deny the same, and any such goods shall, after such denial, be discovered upon his person, or in his possession, such goods shall be forfeited, and such person shall forfeit treble the value. § 39,

Officers with writs of assistance may enter houses to search.—It shall be lawful for any officer of customs, or person acting under the direction of the commissioners, authorized by writ of assistance under the seal of the court of exchequer, to take a constable, headborough, or other public officer inhabiting near the place, and in the daytime, to enter into any house, shop, cellar, warehouse, room, or other place, and in case of resistance, to break open doors, chests, trunks, and other packages, there to seize any uncustomed or prohibited goods, and to put the same in the custom-house warehouse in the port next to the place from whence such goods shall be so taken : Provided always, that for the purposes of this act, any such constable, headborough, or other public officer duly sworn as such, may act as well without the limits of any parish or place for which he shall be sworn, as within such limits. § 40.

All writs of assistance so issued from the court of exchequer shall continue in force during the whole of the reign in which such writs shall have been granted, and for six months from the conclusion of such reign. § 41.

Police officers seizing goods to carry them to the custom-house warehouse. -If any goods liable to forfeiture under this or any other act relating to the revenue of customs, shall be stopped by any police officer, or other person acting by virtue of any act of parliament, or otherwise duly authorized, such goods shall be carried to the custom-house warehouse next to the place where the goods were stopped, and delivered to the proper officer, within forty-eight hours after the said goods were stopped. § 42.

Goods stopped by police officers may be retained until trial.—If any such goods shall be stopped by such police officer, on suspicion that the same have been feloniously stolen, it shall be lawful for the officer to carry the same to the police office to which the offender is taken, there to remain until the trial of the offender; and in such case the officer is to give notice in writing to the commissioners of customs of

his having so detained the said goods, with the particulars of the same, and immediately after the trial, all such goods are to be deposited in the custom-house warehouse, to be proceeded against according to law; and in case any police officer shall neglect to convey the same to such warehouse, or to give the notice of having stopped the same, such officer shall forfeit £20. § 43.

Commissioners of treasury or commissioners of customs may restore seizures.-It shall be lawful for the commissioners of the treasury, or the commissioners of customs, by any order under their hands,*to direct any vessel, boat, goods, or commodities whatever, seized as aforesaid, to be delivered to the proprietor, whether condemnation shall have taken place or not, upon such terms as they may deem expedient, and which shall be mentioned in the said order; and it shall be also lawful for the said commissioners of the treasury, and the said commissioners of customs, to mitigate any penalty, or any part of such penalty, incurred under any laws relating to customs, or to trade and navigation Provided that no person shall be entitled to the benefit of any order for delivery or mitigation, unless the terms expressed in the said order are fully complied with. § 44.

PENALTIES.

Penalty on persons unshipping or harbouring prohibited or uncustomed goods, treble their value, or £100.-Every person not arrested and detained as hereinafter mentioned, who shall, either in the United Kingdom or the Isle of Man, assist in the unshipping of any goods prohibited, or the duties for which have not been paid or secured, or who shall knowingly harbour, keep, or conceal, or shall knowingly permit, or suffer to be harboured, kept, or concealed, any goods which have been illegally unshipped without payment of duties, or which have been illegally removed without payment of the same, from any warehouse or place of security, or shall knowingly harbour, keep, or conceal, or permit or suffer to be harboured, kept, or concealed, any goods prohibited to be imported, or to be used or consumed; and every person, either in the United Kingdom or the Isle of Man, to whose possession any such uncustomed or prohibited goods shall knowingly come, shall forfeit either treble value, or £100, at the election of the commissioners of customs. § 45.

Penalty on persons unshipping drawback or bounty goods.-If any goods, upon which there is a drawback or bounty, shall be shipped to be exported, and shall afterwards be unshipped with intention to be relanded, (unless in case of distress,) in such case the said goods shall be forfeited, and the master and every person concerned in the unshipping, and the person to whose hands the same shall knowingly come, or who shall knowingly harbour, keep, or conceal, or suffer to be harboured, kept, or concealed, such goods, shall for every such offence forfeit treble value, or £100, at the election of the commissioners of customs. § 46.

Persons insuring the delivery of smuggled goods.-Every person who, by way of insurance or otherwise, shall undertake to deliver any goods to be imported at any port, without paying the duties due on importation, or any prohibited goods, or in pursuance of such insurance, or otherwise, shall deliver any uncustomed or prohibited goods, every such person and every aider or abettor thereof shall forfeit £500, over and above any other penalty to which by law he may be liable; and every person who shall agree to pay any money for the insurance or

* See 7 and 8 Geo. IV. c. 56. page 427.