Penalties.

Penalty on Persons making Signals to

sels at Sea.

LII. AND be it further enacted, That no Person shall, after Sun set and before Sun-rise, between the Twenty-first Day of September and the First Day of April, or after the Hour of Eight in the Evening and before the Hour of Six Smuggling Ves in the Morning at any other Time in the Year, make, aid or assist in making, or be present for the Purpose of aiding or assisting in the making of any Light, Fire, Flash, or Blaze, or any Signal by Smoke, or by any Rocket, Fireworks, Flags, firing of any Gun or other Fire Arms, or any other Contrivance or Device, or any other Signal in or on board or from any Vessel or Boat, or on or from any Part of the Coast or Shore of the United Kingdom, or within Six Miles of any Part of such Coasts or Shores, for the Purpose of making or giving any Signal to any Person on board any Smuggling Vessel or Boat, whether any Person so on board of such Vessel or Boat be or be not within Distance to see or hear any such Light, Fire, Flash, Blaze, or Signal (1); and if any Person, contrary to the true Intent and Meaning of this Act, make or cause to be made, or aid or assist in making any such Light, Fire, Flash, Blaze, or Signal, such Person so of fending shall be guilty of a Misdemeanor; and it shall be lawful for any Person to stop, arrest, and detain the Person or Persons who shall so make, or aid or assist in the making, or who shall be present for the Purpose of aiding or assisting in making, any such Light, Fire, Flash, Blaze, or Signal, and to carry and convey such Person or Persons so offending before any Two or more of His Majesty's Justices of the Peace residing near the Place where such Offence shall be committed, who, if they see Cause, shall commit the Offender to the next County Gaol, there to remain until the next Court of Oyer or Terminer, Great Session or Gaol Delivery, or until such Person or Persons shall be delivered by due Course of Law, and it shall not be necessary to prove, on any Indictment or Information, that any Vessel or Boat was actually on the Coast; and the Offender or Offenders being duly convicted thereof shall, by Order of the Court before whom such Offender or Offenders shall be convicted, either forfeit and pay Penalty or Forfeiture of One hundred Pounds, or, at the Discretion of such Court, be sentenced or committed to the Common Gaol or House of Correction, there to be kept to Hard Labour for any Term not exceeding One

Year.

(1) See Power to prevent or extinguish, § 54.

the

Penalties.

on the De

LIII. PROVIDED always, and be it further enacted, That in case any Person be charged with or indicted for Proof of a Sighaving made or caused to be made, or been aiding or as- nal not being sisting in making, or been present for the Purpose of making, intended to lie or aiding or assisting in making any such Fire, Light, fendant. Flash, Blaze, or other Signal as aforesaid, the Burthen of Proof that such Fire, Light, Flash, Blaze, Noise, or other Thing, so charged as having been made with Intent and for the Purpose of giving such Signal as aforesaid, was not made with such Intent and for such Purpose, shall be upon the Defendant against whom such Charge is made or such Indictment is found.

LIV. AND be it further enacted, That it shall be lawful for any Person whatsoever to put out and extinguish or prevent any such Light, Fire, Flash, or Blaze, or any Smoke, Signal, Rocket, Firework, Noise, or other Device or Contrivance so made or being made as aforesaid (1), and to enter and go into and upon any Lands for that Purpose, without being liable or subject to any Indictment, Suit, or Action for the same.

Any Person may put out and extinguish and prevent Signals.

2001.

LV. AND be it further enacted, That if any Person Persons resist whatsoever shall hinder, oppose, molest, or obstruct any rescuing or deing Officers, or Officer of the Army, Navy, or Marines, being duly au- stroying Goods thorized and on Full Pay, or any Officer of Customs or to prevent SeiExcise, in the Execution of his Duty, or in the due seizing zure, to forfeit of any Goods liable to Forfeiture by this or any other Act relating to the Revenue of Customs, or any Person acting in his Aid or Assistance, or duly employed for the Prevention of Smuggling, or shall rescue or cause to be rescued any Goods which have been seized, or shall attempt or endeavour to do so, or shall before, or at or after any Seizure, stave, break, or otherwise destroy any Goods, to prevent the Seizure thereof, or the securing the same, then and in such Case the Parties offending shall forfeit for every such Offence the Sum of Two hundred Pounds.

LVI. AND be it further enacted, That if any Persons to the Number of Three or more, armed with Fire Arms or other offensive Weapons, shall within the United Kingdom, or within the Limits of any Port, Harbour, or Creek thereof, be assembled in order to be aiding and

Felonies.

Three or more

Persons armed with Fire Arms assembled to

assist in the

Felonies,

illegal Exportation or Land

ing of prohibited

or uncustomed Goods, or in the

relanding Goods shipped for Exportation, or in

the rescuing any such Goods, to be deemed

assisting in the illegal Exportation of any Goods prohibited to be exported, or in the carrying of such Goods in order to such Exportation, or in the illegal landing, running, or carrying away of prohibited or uncustomed Goods, or Goods liable to pay any Duties which have not been paid Or secured, or in the illegal carrying of any Goods from any Warehouse or other Place, as shall have been deposited therein, for the Security of the Home Consumption Duties thereon, or for preventing the Use or Consumption thereof in the United Kingdom, or in the illegal relanding guilty of Felony. of any Goods which shall have been exported upon Debenture or Certificate, or in rescuing or taking away any such Goods as aforesaid, after Seizure from the Officer of the Customs or other Officer authorized to seize the same, or any Person or Persons employed by them or assisting them, or from the Place where the same shall have been lodged by them, or in rescuing any Person who shall have been apprehended for any of the Offences made Felony by this or any Act relating to the Revenue of Customs, or in the preventing the Apprehension of any Person who shall have been guilty of such Offence; or in case any Persons to the Number of Three or more, so armed as aforesaid, shall, within this Kingdom, or within the Limits of any Port, Harbour, or Creek thereof, be so aiding or assisting; every Person so offending, and every Person aiding, abetting, or assisting therein, shall, being thereof convicted, be adjudged guilty of Felony, and suffer Death as a Felon, without Benefit of Clergy.

Persons shoot

ing at any

Boat belonging to Navy or in the Service of the Revenue, or shooting at or

cers of the

LVII. AND be it further enacted, That if any Person shall maliciously shoot at or upon any Vessel or Boat belonging to His Majesty's Navy, or in the Service of the Revenue, in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues wounding Offi- of any Part of the Coast of the United Kingdom, or shall maliciously shoot at, maim, or dangerously wound any Army, Navy, or Officer of the Army, Navy, or Marines, being duly authoMarines,deemed guilty of Felony. rized and on Full Pay, or any Officer of Customs or Excise, or any Person acting in his Aid or Assistance, or duly employed for the Prevention of Smuggling, in the due Execution of his Office or Duty, every Person so offending, and every Person aiding, abetting, or assisting therein, shall, being lawfully convicted, be adjudged guilty of Felony, and suffer Death as a Felon, without Benefit of Clergy.

Felonies.

Any Person in
Company with
Four others,
Goods liable to
Forfeiture, or
in Company
Person carrying
Arms or dis-

found with

LVIII. AND be it further enacted, That if any Person, being in Company with more than Four other Persons, be found with any Goods liable to Forfeiture under this or any other Act relating to the Revenue of Customs or Excise, or in Company with One other Person within Five Miles of any navigable River, carrying offensive Arms or Weapons, or disguised in any way, every such Person shall be adjudged guilty of Felony, and shall on Conviction of such Offence be transported as a Felon for the Space of Seven Years; and if such Offender shall return into the guised, to be United Kingdom before the Expiration of the said Seven deemed guilty Years, he shall suffer as a Felon, and have Execution awarded against him as a Person attainted of Felony, without Benefit of Clergy.

LIX. AND be it further enacted, That if any Person shall by Force or Violence assault, resist, oppose, molest, hinder, or obstruct any Officer of the Army, Navy, or Marines, being duly authorized and on Full Pay, or any Officer of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, in the due Execution of his or their Office or Duty, such Person being thereof convicted shall be adjudged a Felon, and shall be transported for Seven Years, or sentenced to be imprisoned in any House of Correction or Common Gaol and kept to Hard Labour for any Term not exceeding Three Years, at the Discretion of the Court before whom the Offender shall be tried and convicted as aforesaid.

with One other

of Felony.

Officers.

Persons assault

ing Officer by

Force or Violence may be transported, &c.

any Action for

LX. AND be it further enacted, That it shall and may Commanding be lawful to and for the Commanding Officer for the Officers of VesTime being of any Vessel or Boat employed for the Pre- sels in the Service may haul vention of Smuggling to haul any such Vessel or Boat their Vessels on upon any Part of the Coasts of the United Kingdom, or Shore, without being liable to the Shores, Banks, or Beaches of any River, Creek, or Inlet of the same (not being a Garden or Pleasure Ground, so doing. or Place ordinarily used for any Bathing Machine or Bathing Machines), which shall be deemed most convenient for that Purpose, and to moor any such Vessel or Boat on such Part of the aforesaid Coasts, Shores, Banks, and Beaches below High-water Mark, and over which the Tide flows on ordinary Occasions, and to continue such Vessel or Boat so moored as aforesaid, for such Time as the said Commanding Officer shall deem necessary and

Officers.

Officer, if

Service of the

Customs, to be provided for,

&c.

Persons acting under his Direction, shall not be liable to any Indictment, Action, or Suit for so doing; any Law. Statute, Custom, or Usage to the contrary notwith standing.

LXI. AND be it further enacted, That in all Cases wounded in the where any Officer or Seaman employed in the Service of the Customs or Excise shall be killed, maimed, wounded, or in any way injured in the due Execution of his Office, or if any Person acting in his Aid shall be so killed, maimed, wounded, or in any way injured while so aiding such Officer or Seaman, it shall and may be lawful for the Commissioners of His Majesty's Customs and Excise respectively to make such Provision for the Officer or Person so maimed, wounded, or injured as aforesaid, or for the Widows and Families of such as shall be killed, as they shall be authorized and empowered to do by Warrant from the Lord High Treasurer or Commissioners of His Majesty's Treasury for the Time being.

Seizures.

Condemned
Vessels and

Goods how to be disposed of.

LXII. AND be it further enacted, That all Vessels and Boats, and all Goods whatsoever, which shall have been seized and condemned for Breach of Law reany lating to the Revenue of Customs, shall be disposed of as soon as conveniently may be after the Condemnation thereof, in the following Manner; (that is to say), all Goods of a Description admissible to Duty shall be sold by public Auction to the best Bidder, at a Price not less than the Duty upon the Importation of the like Sort of Goods; and in case such Goods will not fetch the Duty, shall be put up to Sale for Exportation, and in case they do not sell for Exportation, then the said Goods shall be destroyed; and all prohibited Goods shall be put up for Sale for Exportation to the best Bidder, and in case they do not sell, then shall be destroyed; all Vessels or Boats calculated for the fair and mercantile Trade of this Kingdom shall be put up to Sale to the best Bidder; and all Vessels or Boats calculated for Smuggling shall be broken up and destroyed, and the Materials shall be put up to Sale to the best Bidder: Provided always, that if the Commissioners of His Majesty's Customs shall deem any of the Vessels or Boats necessary or required for the public Service, it shall be lawful for them to cause the same to be used for the said Purpose.