respecting the number of men by which such vessel or boat may be 48 Geo, 3. navigated.

c. 84.

Rule 38. Every vessel for which a commission or letter of marque Letters of hath been or shall be granted under 43 Geo. 3. c. 160. and 45 Geo. 3. marque, § 4. c. 72. (a) respectively, shall, during the time that such commission or letter of marque shall remain in force, be deemed to be a vessel licensed under the provisions of 47 Geo. 3. (b) 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 customs.

led, § 14.

Rule 39. It shall not be lawful for any officer of customs to cancel When bonds any bond given upon the granting of any licence for the navigation of to be cancel 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 in respect whereof such bond was given hath been delivered up to the proper officer of customs, for the space of 12 calendar months, or the penalty of such bond hath been paid to His Majesty.

with more

below Lon

Rule 40. If any boat, wherry, pinnace, barge, or galley, rowing, 8 Geo. 1. or made or built to row, with more than four (c) oars, shall be found c. 18. §3. upon the water, or in any barge-house, work-house, shed or other Boats, &c. place, within any of the counties of Middlesex, Surrey, Kent, Essex, than four or in the river of Thames, either above or below London-bridge, or oars above or within the limits of the ports of London, Sandwich, or Ipswich, or don-bridge, the members or creeks to either of them belonging, such boat, wherry, pinnace, barge, or galley, and the owners thereof, or any person using or rowing in such boat, &c. shall also forfeit 40l. and after the seizure and condemnation of such boat, &c. the principal officers of customs, in the place where the same shall be at the time of such condemnation, are hereby directed to cause such boat, &c. to be burned (d) and wholly destroyed, and the tackle, furniture, and apparel, thereunto belonging, to be publicly sold to the best advantage. (e)

(a) In force only during the late war. (c) See Rules 48-62 of this title.

(b) See Rule 31 of this title.

(d) By 12 Geo. 1. c. 28. § 14. the commissioners of customs may cause any such vessel, boat, wherry, pinnace, barge, or galley (except as in the above act is excepted,) which shall be seized for any of the reasons aforesaid, and condemned, to be used by the officers of customs, in case any of the same be found to be of service, together with the tackle, &c. belonging thereunto.

(e) By 57 Geo. 3. c. 87. § 14. the owners or any person using or rowing in such boat, wherry, pinnace, barge, or galley, found within the counties and places aforesaid, shall forfeit 1007, instead of the penalty of 40l. above mentioned.

By 15. if any boat, wherry, pinnace, barge, or galley, rowing or made or built to row with more than four oars, belonging wholly or in part to His Majesty's subjects, or whereof one half of the persons on board shall be subjects of His Majesty, be found in any part of the British or Irish channels, or elsewhere on the high seas, within 100 leagues of any part of the coasts of Great Britain or Ireland, or shall be discovered to have been within the said limits, such boat, &c. with all her tackle, &c. shall be forfeited, and shall and may be seized by any officer of His Majesty's navy or marines, or of the customs or excise; and the

As to militia, volunteers, and half-pay officers, see TITLE 5, Rules 76, 83, 99, and 100.

8 Geo. 1.

c. 19. §. Exceptions.

19 Geo 3.

c. 69. § 3. Boats, &c. with more

than six oars.

King's ships, &c. § 4.

Bristol.

24 Geo. 3.

Rule 41. This act shall not extend to any barge or galley belonging to His Majesty or the Royal Family, or to any long-boat, yawl, or pinnace, belonging to and used in the service of any merchant vessel, or to such boat, wherry, pinnace, barge, or galley, as shall be licensed (a) by the commissioners of the admiralty.

Rule 42. The preceding act, and the several clauses, penalties, forfeitures, and restrictions therein contained (not altered by this act), so far as the same relate to boats, wherries, pinnaces, barges, or galleys, rowing, or made or built to row, with more than four (b) oars within the counties and places in the said act mentioned, shall extend to all boats, wherries, pinnaces, barges, galleys, or other vessels whatsoever, rowing, or made or built to row, with more than six oars, which shall be found either upon the land or water, within any harbour or place whatsoever, in any other part of Great Britain, or within two leagues of the coast thereof, subject nevertheless to the several exceptions relative thereto, as in the said recited act is and are particularly provided.

Rule 43 Provided that nothing herein contained shall extend to the commanders of any of His Majesty's vessels, or vessels employed in the transport service, with respect to foreign spirituous liquors put on board them, to be issued by way of allowance to the respective ship's companies, or troops put on board them, nor to boats commonly called tow-boats (used in towing vessels) belonging to licensed pilots within the port and jurisdiction of the city of Bristol. Rule 44 The several clauses, penalties, forfeitures, and restrictions in the sess. 2. c. 47. two preceding acts, so far as they relate to boats, wheries, pinnaces, barges, $25. galleys, or other vessels, rowing or built to row, with more than four or six (b) oars respectively, shall extend to all boats, wherries, pinnaces, barges, galleys, and other vessels, which shall exceed 28 feet in length, from the fore part of the stem to the after side of the stern-post aloft, and the length of which shall be greater than in the proportion of three feet and a half to one foot in breadth; subject nevertheless to the several provisoes and exceptions in the said acts particularly mentioned, and not altered by this act.

Regulations extended,

28 Geo. 3.

c. 34. 10. Boats of certain descrip

tion to be

forfeited.

Rule 45. In case any open boat, belonging in the whole or in part to any of His Majesty's subjects, and being of the length of 23 feet and upwards, built and constructed for rowing or sailing, or for rowing and sailing, the length of which shall be greater than in the proportion of three feet and a half to one foot in breadth, to be measured by a straight line from the fore part of the stem to the aft side of the transum or stern-post aloft, shall be found, either upon the water, within any port of the kingdom of Great Britain or member or creek thereof

owners thereof, or any person using or rowing in such boat, &c. shall also forfeit 100. but government and merchant boats, &c. are exempted as mentioned below.

By 59 Geo. 3. c. 121. § 14. if any boat, wherry, pinnace, barge, or galley, however owned, rowing, or made or built to row, with more than four oars, shall be found either upon the land or the water, within the limits of any of the ports of Great Britain, or the members or creeks to them or either of them belonging, such boat, &c. with all her tackle, &c. or the value thereof, shall be forfeited, and shall and may be seized by any officer of customs; and the owner or owners, and every person using or rowing in such boat, &c. shall also forfeit 100: provided that this act shall not extend to any boat, wherry, pinnace, barge, or galley belonging to His Majesty or any of the Royal Family, or to any boat, &c. belonging to and used in the service of any merchant vessel, or belonging to any vessel in the service of His Majesty's navy, victualling, ordnance, customs, excise, or post-office, nor to any boat, &c. whatsoever, the owner of which shall have a licence from the commissioners of customs in England or Scotland.

(a) See Rule 32 of this title.

(b) See Rules 48-62 of this title, and note (e) in preceding page.

or within four leagues (a) of the coast of Great Britain, or in any place 28 Geo. 3. upon land in Great Britain, such open boat shall be forfeited, and c. 34. shall and may be seized by any officer of customs or excise; (b) and in case any open boat which shall be built for rowing or sailing, or for rowing and sailing, belonging in the whole or in part to any of His Majesty's subjects, and being of the length of 18 feet and under the length of 24 feet, from the fore part of the stem to the aft side of the transum or stern-post aloft, and the depth of which shall be greater than in the proportion of one inch and one quarter of an inch to every foot in length, such depth to be taken from the upper part of the plank next the keel, to the top of the upper strake, whether such upper strake shall be fixed to the boat or shall be used as loose or shifting wash strakes, such boat shall be forfeited, and shall and may be seized by any officer of customs or excise, together with the vessel to which such boat shall belong. (b)

§ 11.

Rule 46. All open boats belonging as aforesaid, of 24 feet and up- Other boats wards, the depth of which shall be greater than in the proportion of to be forfeited, one inch to one foot in length, such depth to be taken as hereinbefore-mentioned, shall and may be seized by any officer of customs or excise. (b)

Rule 47. This act shall not extend to forfeit any boat on account Exemptions, of her built, belonging to, or employed in, the service of his Majesty's $12. navy, victualling, ordnance, customs, excise, or post-office, or which is used on any canal or inland navigation, nor to any boat whatever, the owner of which shall have a licence from the lords commissioners of the admiralty, (c) if such licence be actually on board such boat at the time of her being detained or examined; nor boats which shall be constructed and built with timbers and plank not less than the following scantling; viz. An open boat from 20 to 25 feet in length, having plank three quarters of an inch thick, and timbers one inch and one quarter of an inch square; from 25 to 30 feet in length, having plank one inch and one eighth of an inch thick, and timbers two inches square; from 30 to 35 feet in length, having plank one inch and three quarters of an inch thick, and timbers three inches square; from 35 to 40 feet in length, having plank two inches thick, and timbers four inches square; from 40 to 50 feet in length, having plank two inches thick, and timbers five inches square; from 50 feet and upwards in length, having plank three inches thick, and timbers six inches square.

Boats of cer

Rule 48. In case any open boat, which shall be built for rowing or 34 Geo. 3. sailing, or for rowing and sailing, belonging in the whole or in part c. 50. § 9. to any of His Majesty's subjects, and being of the length of 14 feet, tain descripand under the length of 18 feet, to be measured by a straight line tion to be from the fore part of the stem to the aft side of the transum or stern- forfeited. post aloft, and the depth of which shall be greater than in the proportion of one inch and one quarter of an inch to every foot in length, such depth to be taken from the upper part of the plank next the keel, to the top of the upper strake, whether such upper strake shall be fixed to the boat or shall be used as a loose or shifting wash strake, shall be found either upon the water within any port of the kingdom

(a) Extended to 100 leagues. See Rule 26 of this title.

(b) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100. (c) See Rule 32 of this title.

84 Geo. 8. C. 50.

of Great Britain or member or creek thereof, or within four leagues of the coast of Great Britain, or in any place upon land in Great Britain, such open boat shall be forfeited, and shall and may be seized by any officer of customs or excise (a) unless such boat shall have plank of three quarters of an inch thick, and her timbers one inch and a half square, and not more than nine inches distant from timber to timber; Boats found and if any such boat by this act declared to be forfeited shall be found on board, or shall belong to, any cutter, lugger, shallop, wherry, smack, or yawl, such cutter, &c. shall also be forfeited, and shall and may be seized by any officer of customs or excise. (a)

on board or belonging to vessels.

Whale-boats, $10.

47 Geo. 3.

$3.

Boats with more than six oars.

Rule 49. Nothing in this act contained shall extend to subject to forfeiture any boat commonly called a whale boat, belonging to any vessel employed in the fisheries carried on to the Greenland Seas or Davis's Streights, or in any fishery to the southward thereof, which shall not be employed or made use of in any way whatever but in the said fisheries, and which, after the return of the said vessel to any port of this kingdom, shall be laid up out of use, according to the laws now in force for the regulation of the said fisheries.

Rule 50. In case any boat, belonging in the whole or in part to Ress. 2. c. 66. His Majesty's subjects, or whereof one half of the persons on board shall be subjects of His Majesty, being rowed with, or constructed to row with, more than six oars, be found within the limits of any port in the United Kingdom, or 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, every such boat, with her tackle, &c. shall be forfeited, and may be seized by any officer of the army, navy, or marines, or of customs or excise. (a)

Exemptions, § 4.

52 Geo. 3.

c. 141. 1.

Boats with

more than

four oars.

Rule 51. Nothing in this act contained as to the number of oars of any boat, shall extend to any boat employed in the whale fisheries, nor to any boat belonging to any merchant vessel, exceeding the burthen of 250 tons, nor to any life-boat, nor to any boat employed solely in rivers or inland navigations.

Rule 52. If any boat, wherry, pinnace, barge, or galley, being rowed with, or made or built or constructed to row with, more than four oars, belonging in the whole or in part to His Majesty's subjects, or whereof one half of the persons on board are subjects of His Majesty, shall be found within the limits of any port of Great Britain, or in any part of the British or Irish channels, or elsewhere on the high seas within 100 leagues of the coast of Great Britain, or shall be discovered to have been within the said limits, or distance, the owner or owners of which shall not have obtained a licence for using or navigating such boat, wherry, pinnace, barge, or galley, from the commissioners of customs in England or Scotland, as the case may be, or from the lords of the admiralty, prior to the passing of 47 Geo. 3. sess. 2. c. 66. every such boat, wherry, pinnace, barge, or galley, with her tackle and furniture, shall be forfeited, and may and shall be seized by any officer of the army, navy, or marines, or of cusExemptions. toms or excise: (a) provided always, that nothing hereinbefore contained shall extend to any boat, &c. belonging to His Majesty or any of the Royal Family, or in the service of government, or in the employment of the customs or excise, or to any long-boat, yawl, pinnace, or other boat belonging to any square-rigged vessel employed in the merchants'

(a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100.

service, or to any other merchant vessel exceeding the burthen of 63 Geo. 3. 150 tons, not otherwise requiring a licence for the use thereof, or c. 141. to any boat employed in the whale fisheries, or to any life-boat, or any tow-boat used in the towing vessels belonging to licensed pilots within the port and jurisdiction of the city of Bristol, or to any boat, wherry, pinnace, barge, or galley employed solely in rivers or inland navigation.

Particulars of

Rule 53. Every licence which may be granted by the said commis- Boats with sioners of customs in England or Scotland for any boat, &c. rowing six oars, 2. with six oars or otherwise, requiring licence, shall contain the proper licences. description thereof, the name or names of the owner or owners, together with his or their place or places of abode, and in what manner intended to be employed, together with any other particulars which may be required by the said commissioners respectively, to be described and inserted in such manner as the said commissioners may respectively think proper to direct; and the owner or owners thereof shall Bond to be also give security by bond to His Majesty, in double the value of such given. boat, &c. agreeably to 46 Geo. 3. c. 137. (a) on failure whereof the licence shall be void; and such boat, &c. shall be liable to seizure and prosecution in the same manner as if no such licence had been granted for the same.

more than

six oars, § 3.

on board.

Rule 54. No licence shall be granted by the commissioners of cus-Boats with toms in England or Scotland, for any boat whatever made, built, or constructed to row with more than six oars; and if any such boat belonging in the whole or in part to His Majesty's subjects, or whereof one half of the persons on board are subjects of His Majesty, shall be found within the limits of any port in Great Britain, or in any part of the British or Irish channels, or elsewhere on the high seas within 100 leagues of any part of the coast of Great Britain or Ireland, such boat not having been licensed previously to 22d July, 1812, shall be forfeited, and shall and may be seized by any officer of the army, navy, or marines, or of customs or excise; (b) and every such officer is Persons found hereby authorized and required to arrest and detain every person being a seaman or sea-faring man found on board any such boat, (not being a passenger on board,) and to convey him to any vessel in His Majesty's service, or to the custody of any officer employed in His Majesty's impress service; and any person being such seaman or seafaring man may thereupon, if fit and able to serve his Majesty, be impressed into His Majesty's naval service, and shall continue to serve therein for the period and under the regulations mentioned in the said act of 47 Geo. 3.; and it shall be lawful for the said commissioners of Allowance to customs in England and Scotland respectively to direct the officer or officers, by whom the persons so found on board any such boat shall have been detained, to be paid any sum not less than 57. and not exceeding 201, for each man so detained and impressed into His Majesty's service; provided that nothing hereinbefore contained, as to boats Exemptions. rowing with more than six oars, shall extend to any boats commonly called tow-boats, used in the towing vessels belonging to licensed pilots within the port and jurisdiction of the city of Bristol, or to any boats employed in the service of the East India company, or to any boat employed in the service of the customs or excise, or belonging to His

(a) See Rule 26 of this title.

(b) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100.

officers.