52 Geo. 3. c. 141. Licence of boats to be $4. Majesty or to any of the Royal Family, or to any Rule 55. Whenever any licensed boat, of any description whatever, (not belonging to any vessel, and being under the burthen of 15 tons,) delivered up, shall be lost, broken up, captured, burned, seized, and condemned, sold, or otherwise disposed of, the licence which shall have been granted for the same shall be delivered up to the collector of the customs at the port to which such boat shall belong, within six weeks from the time such boat shall be so lost, broken up, captured, burned, seized, and Licence lost, condemned, sold, or otherwise disposed of; or in case of the said licence being lost or taken by the enemy, satisfactory proof thereof on oath shall be, within the same period, made before the collector or controller of such port; and in case such licence shall not be produced and so delivered up, and no such proof shall be made within such period as aforesaid, the owner or owners of such boat shall forfeit 301. &c. How licences or accounted for if lost, $5. Rule 56. Whenever any licensed vessel exceeding 15 tons' burthen delivered up, shall be lost, broken up, captured, burned, seized, and condemned, sold, or otherwise disposed of, the licence which shall have been granted for the same shall, in case the vessel was licensed for the coasting or fishing trade only, be delivered up to the collector of customs at the port to which such vessel shall belong, within the period of two months from the time such vessel shall be so disposed of; or in case the vessel was licensed for trading to parts beyond the seas, then the said licence shall be delivered up to the collector of customs at the port to which such vessel shall belong, within the period of one calendar month from the time when the loss, burning, capturing, breaking up, seizing, or condemning of such vessel, shall come to the knowledge of the owner thereof; or in case the licence shall have been lost, or taken by the enemy, satisfactory proof thereof on oath shall be made within the same periods respectively, before the collector and controller of such port; and in case the licence shall not be produced and so delivered up, and no such proof shall be made within the said periods respectively, the owner or owners, and also the master of such vessel, shall forfeit 50l. if of the burthen of 15 tons and under the burthen of 150 tons, and 100l. if of the burthen of 150 tons or upwards: provided always, that all licences required under any of the provisions of this act shall be granted without any stamp, fee, or reward, or any payment whatever by the person requiring the same. Using licence for another, 56. Rule 57. If the owner or owners, or master of any licensed vessel of one vessel or boat lost, broken up, captured, burned, seized, and condemned, sold, or otherwise disposed of, shall, prior to or after such disposal of the vessel or boat, knowingly make use of the licence granted for the same, in order to protect from seizure and prosecution any other vessel or boat; or if the owner or owners, or master of any vessel or boat whatever, licensed by the commissioners of customs in England or Scotland, shall make use of such licence for any other vessel or boat than that for which the same was granted, such owner or owners, and also the master, knowing thereof, shall forfeit 2001. How boats with more than six oars to be dealt with, § 7. Rule 58. It shall be lawful for the commissioners of customs in England and Scotland respectively, and they are hereby authorized, whenever it may appear expedient so to do, to purchase any boat, wherry, pinnace, barge, or galley, rowing or made or built to row with 6 more than six oars, which may have been licensed previously to 22d 59 Geo. 3. July, 1812; and the owners of every such boat, &c. shall sell their in- c. 141. terest therein to the said commissioner respectively, at a fair valuation. may be em Rule 59. After the said commissioners respectively shall have ob- How boats tained possession of any such boat, &c. they are hereby authorized and purchased required to use the same in the service of the revenue, or cause the ployed, 8. same to be broken up, and the materials sold, according as in their judgment it may appear to be the most conducive to the public service. long or up limits, 9. Rule 60. In case any open boat belonging in the whole or in part Boats for to any of His Majesty's subjects, or whereof one half of the persons on rowing or board are subjects of His Majesty, and being of the length of 30 feet sailing 30 feet and upwards, built or constructed for rowing or sailing, or for rowing wards, &c. and sailing, the length of which shall be greater than in the proportion within certain of one foot for every two inches of the width or breadth of such boat, 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, from 31st August, 1812, be found within the limits of any of the ports of Great Britain, or in any part of the British or Irish channels, or on the high seas within 100 leagues of the coast of Great Britain or Ireland, such boat shall be forfeited, and shall and may be seized by any officer of the army, navy, or marines, or of customs or excise, (a) unless such boat, being a clinch-built boat, shall have plank of not less than half an inch thick, and timbers of the following dimensions: that is to say, for every boat exceeding the length of 30 feet and being under the length of 35 feet, timbers of not less than one inch and a quarter square; for every boat of the length of 35 feet and under the length of 40 feet, timbers of not less than one inch and three eighths of an inch square; for every boat of the length of 40 feet and being under the length of 45 feet, timbers of not less than one inch and a half square; for every boat of the length of 45 feet and being under the length of 50 feet, timbers of not less than one inch and three quarters square; for every boat of the length of 50 feet and upwards, timbers of not less than two inches square, such timbers respectively not being more than 10 inches apart; provided, Exemptions. that nothing hereinbefore contained as to boats of the length of 30 feet and upwards shall extend to boats belonging to vessels exceeding the burthen of 150 tons, provided such boats are licensed by the said commissioners respectively, nor to life-boats, nor to boats employed in the whale fisheries, nor to the boats belonging to any square-rigged vessel employed in the merchants' service, or to any other merchant vessel exceeding the burthen of 150 tons, or used solely in rivers or inland navigation, or employed in the service of government, or to extend to any boat which may have been licensed by the lords commissioners of the admiralty, prior to 47 Geo. 3. sess. 2. c. 66. (b) or by the commissioners of customs in England or Scotland prior to the 22d July, 1812: provided always, that nothing hereinbefore enacted or required respecting the length, width, or plank or timbers of boats, shall extend to affect boats belonging to vessels returning from the first voyage to foreign parts, upon which first voyage they shall have left Great Britain before or within 14 days after the 22d July, 1812, provided the owners or masters of such vessels shall duly take out a licence from the said (a) As to militia, volunteers, and half-pay officers, see TITLE 5, Rules 76, 83, 99, and 100. (b) Rule 50 of this title. 52 Geo. 8. c. 141. 55 Geo. 3. Licences for open boats may be re voked. commissioners of customs for each such boat, within one calendar month after the returning into port of each such vessel from such first voyage. Rule 61. It shall be lawful for the commissioners of customs in c. 163. § 1. England, Scotland, and Ireland, respectively, or any three or more of them, to revoke licences which have been issued for open boats not belonging to vessels, allowing such open boats to proceed to foreign parts, and in future either to refuse licences for such open boats, or to limit and confine the employment or navigation thereof in any manner and within any limits and distance of the coasts of Great Britain or Ireland, as they the said commissioners respectively may deem fitting and proper, whenever it shall appear to the said commissioners respectively that such revocation, refusal, or limitation, is expedient for the prevention of smuggling, and the safety and protection of the Licence not up after notice, § 2. revenue. Rule 62. After the said commissioners respectively shall, by any duly delivered order in writing under their hands, have revoked any such licence, a copy of the order of revocation shall be left either with any one of the owners of such open boat, or with the person having the care or custody thereof, and from the delivery of a copy of such order the licence granted for such boat shall be null and void, and the owner and owners is and are hereby required to cause the said licence to be delivered up to the collector of customs of the port to which such boat shall belong, within three months from the day on which the order of revocation shall have been delivered as aforesaid; or in case of the said licence being lost or taken by the enemy, satisfactory proof on oath shall be within the same period made before the collector or controller of such port; and in case such licence shall not be delivered up, and no such proof shall be made within such period as aforesaid, the owner or owners of such open boat shall forfeit 201.; or if such open boat shall be used or navigated after a copy of the order revoking the licence shall have been delivered as aforesaid, every such open boat shall be forfeited, and shall and may be seized by any officer of customs. (a) 56 Geo. 8. Square-rigged tons. Rule 63. No licence shall be required from the commissioners of c. 104. 19. customs in England, Scotland, or Ireland, for navigating any squarevessels of 200 rigged vessel of the burthen of 200 tons or upwards by admeasurement; and no such vessel shall be deemed liable to seizure or forfeiture under any act of parliament in force on the 1st July, 1816, on account of her length, built, construction, denomination, or description: provided nevertheless, that every such vessel as aforesaid, which shall be armed or intended to be armed for resistance, or be navigated or intended to be navigated with any greater number of men than is allowed by law in proportion to the number of tons of her admeasurement, shall be liable to seizure or forfeiture under any act of parliament in force relating to licensing of vessels, unless the owners of every such vessel shall take a licence for the navigating thereof, in the same manner as if this act had not been made. 57 Geo. 3. Rule 64. Every vessel belonging in the whole or in part to any of c. 87. § 21. His Majesty's subjects, or whereof one half of the persons on board are subjects of His said Majesty, (not being a square-rigged vessel of the burthen of 200 tons or upwards,) the difference of whose draught Certain ves sels without licence. (a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100. of water forward and aft shall exceed one inch and one quarter of an inch for 57 Geo. 3. every foot of the breadth of such vessel, such draught of water to be ascertained c. 87. by a straight line along the rabbit of the keel, adding to such draught of water forward and aft the depth of the main keel in the middle of the said vessel on the outside, and the draught of water to be taken when the said vessel, whether light or loaded, shall be in sailing trim, which shall be found in the limits of any port of this kingdom, or within any part of the British or Irish channels, or elsewhere within 100 leagues of the coast of this kingdom, for which a licence shall not have been procured from the commissioners of customs for navigating the same, shall be forfeited, and shall and may be seized by any officer of the army, navy, or marines, or of customs or excise. (a) Vessels or Rule 65. Every open vessel or boat, belonging in the whole or in part to His 56 Geo. 3. Majesty's subjects, which shall be found or discovered to have been in foreign c. 104. § 21. parts, or shall be found with, or discovered to have taken on board at sea, any boats having goods from any vessel or boat coming from foreign parts, unless such open vessel been abroad, or boat shall have gone into any foreign port, or taken such goods to preserve the or having same from necessity or distress, of which proof shall be made before the collec- goods without tor or other chief officer of customs, immediately upon the arrival of the said licence. vessel or boat in a port of this kingdom, unless such boat or vessel shall be licensed (b) for that purpose by the commissioners of customs, shall be forfeited, and shall and may be seized by any officer of the army, navy, or marines, or of customs or excise. (a) Rule 66. It shall be lawful for the said commissioners of customs in Eng- Conditional land, Scotland, and Ireland respectively, to grant any licence which shall be re- licences, § 22, quired for the navigation of any vessel or boat, upon such condition as to the navigation, trade, and employment of any such vessel or boat, and for such limits as to distance from the coast of the United Kingdom, or otherwise, as the said commissioners may deem necessary or expedient or proper, for the security of the revenue and the prevention of smuggling; and every ship or boat having any such conditional or limited licence, which shall trade, navigate, or be employed in any manner not authorized by the licence, shall be forfeited and liable to seizure, in like manner in any respect as if no licence whatever had been granted for such vessel or boat. Rule 67. It shall be lawful for the commissioners of customs in England Licences for and Scotland, or any three or more of them respectively, to grant licences for luggers in the navigation of luggers, not exceeding the burthen of 65 tons, by admeasure- North Sea ment, intended to be solely employed in the fishery carried on in the North shery, 24. Seas, between St. Abb's Head on the coast of Scotland, and the South Foreland on the coast of Kent, provided that no such lugger shall proceed beyond the respective distances from the coast hereafter mentioned; that is to say, when any such lugger is employed in the fishery to the northward of a due east line from Lowestoffe light-house, and to the southward of a due east line from St. Abb's Head, it shall not be lawful for such lugger to proceed beyond the distance of 20 Limits. leagues from the coast; when any such lugger shall be employed in the fishery to the southward of the said due east line from Lowestoffe light-house, and to the northward of a due east line from the North Foreland, it shall not be lawful for such lugger to proceed beyond the distance of six leagues from the coast; and when employed in the fishery to the southward of the said due east line from the North Foreland, and to the northward of a due east line from the South Foreland, it shall not be lawful for her to proceed beyond the distance of four leagues from the coast; and if any lugger licensed under the provisions of this act shall be found beyond the limits and distances herein before mentioned, every such lugger shall be seized and prosecuted in the same manner she would have been if this act had not been made: provided always, that the owners of every Bond. (a) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100. (b) By order of the board of customs, dated the 10th July, 1817, it is stated, that the attorney and solicitor general have given it as their opinion, that boats actually belonging to vessels trading foreign and performing their voyage with the vessels to which they belong, do not require licences under the above act. 56 Geo. 3. c. 104. 59 Geo. 3. c. 121. 8. Boats with double bat toms or sides. lugger, licensed under the provisions of this act, shall, before any such lugger proceed to sea, or sail out of any port, harbour, or creek of this kingdom, give security by bond to His Majesty, in the penalty of treble the value thereof, in the manner required by 46 Geo. 3. [Rule 26 of this title] with respect to certain vessels and boats, for which the owners are required to give security by bond as directed by that act. Rule 68. If any boat whatever, having a double bottom or double side or sides, be found within the limits of any of the ports of this kingdom, or be discovered to have been within the said limits; or if any boat, having a double bottom or double side or sides, 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 be discovered to have been within the said limits; every such boat, together with all her materials, shall be forfeited, and shall and may be seized by any officer of His Majesty's navy or marines, or of customs or excise. Gossley against Barlow.-May 8, 1792. Mr. Serjeant Lawrence had, on a former day, obtained a rule to show cause why a new trial should not be granted in this case, upon the ground of the verdict for the defendant being against evidence. This was an action of trespass brought by the plaintiff, as owner of the ship Goodwill, against the defendant, a captain in the navy, who, as an officer of customs, seized the said ship, and has detained her ever since. It appeared from the notes of the judge who tried the cause (Mr. Justice Heath), that this was a coasting vessel laden with coals and other lawful merchandize: she was clinch-built, and had à running bowsprit, but carried the tonnage she measured. The defendant searched her at sea for spirits, but finding none there, he brought her into port and unloaded her cargo; finding nothing, he offered next day to let her go, on the plaintiff giving him a release. The plaintiff refusing to do so, she has been detained by the defendant every since, on the ground that the licence was void. The licence had been granted by the proper officer at the port of Rye, who acknowledged he did not understand the distinctions between vessels of different sorts. The licence described her as a sloop, and was not "between any two or "more ports," according to the directions of the statute, but generally 66 to "be employed in the coasting trade." The defendant brought a great deal of evidence to prove that she was a cutter and not a sloop, as described; that the distinction between a sloop and a cutter consists chiefly in the rigging; sloops, which are built for burthen, having square rigging, and standing bowsprits; whereas cutters are meant for velocity and have running, bowsprits, and running jibs. Others of his witnesses also said, that the being clinch-built distinguishes a cutter from a sloop, which is carvel bottomed. On the other side, many witnesses, ship-builders and others, swore that the distinction between a cutter and a sloop was, that the latter, being intended to carry burthen, is more round in the body, carries the full burthen she measures, as the vessel in question; whereas a cutter, being more pointed and acute in the shape of her body, in order to gain speed, does not carry so much as she measures; that the distinctions in the rigging, and in being clinch or carvel built, are often used indiscriminately by cutters and sloops. The judge summed up strongly in favour of the plaintiff, chiefly on the ground that her being described a sloop by the officers of the crown appointed for that purpose ought to be conclusive. The jury however gave a verdict for the defendant, The judge certified that it was against his opinion. Cause was now shown by Morris, Serjeant Rook, Litchfield, and Dallas, against the rule. Being informed by the court that it would be improper to argue the strength of evidence, after the opinion in the judge's note, it being pretty much of course to grant a new trial on the report of the judge, unless he appear to have acted from a misapprehension of the law, they now contended that the distinction sworn to by the defendant's witnesses, and followed |