r^ "^^jonvan^ '^/.«UAiNrt-:itf^ "^/^xiivaana^ "^/JAUvHan-^v^ ^lUBRARYO^. -^lUBRARY^?/. 3i tr'n § ^ ^-'^ ^AV^EUNIVERSyA ^lOSANC[l£r>. Q kM II I P* t^ 11 i !■*■ .^WM]NIVER5yA 9 <^U3Nvsoi^ "^/yaiMNnawv^ ^5jflEUNIVER% ^lOSAHCFUr^ AVIEUNIVERJ/A ^lOSANCEUf^ '^5aiMNflai<>'^ - aofcaiifo% •^ViCT. REPEAL. Cap. 84. 3 much thereof as relates to the Carriage of Passengers in Merchant Vessels ; also an Act pagsed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act to amend 5&6 Vict. c. 47. the Laws relating to the Customs (1), except so much thereof as relates to the Sale and the Assay of Foreign Gold and Silver Plate ; also an Act passed in the same Session of Parliament, intituled A?i Act to ainend the 5&6 Vict. c. 49. Laws for the Regulation of the Trade of the British Pos- sessions abroad ; also an Act passed in the same Session of Parliament, intituled An Act for further amending the 5&6 Viet. c. 56. Laws relating to the Customs (2), except so much thereof as relates to Gold and Silver Plate ; also an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of Her present Majesty, intituled Aii 6&7Vict.c.84. Act to amend the Laics of Customs ; also an Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to amend the Laws relating to the 7&8Vict. c.ie. Customs ; also an Act passed in the same Session of Par- liament, intituled An Act to amend the Laics relating to 7&8Vict.c. 43. tlie Customs in the Isle of Man ; also an Act passed in this present Session of Parliament, intituled An Act to alter 8&9Vlct.c.i2. and amend certain Duties of Customs ; also another Act passed in this present Session of Parliament, intituled ^w 8&9Vlct. c.45. Act to make perpetual atid amend an Act of the Fifth and Sixth Years of Her present Majesty, for preventing Ships clearing out from any Port in British North America or in the Settlement of Honduras from loading any Part of their Cargo of Timber upon Deck ; and the said several Acts except as to before mentioned are hereby accordingly repealed, except Duties due, so far as the said Acts or any of them repeal any former curred or Act or Acts, or any Part of such Act or Acts, and except Offences com- so far as relates to any Arrears of Duty, or to any Draw- fitted, backs which shall have become due and payable, or to any Penalty or Forfeiture wliich shall have been incurred under the said Act or Acts hereby repealed, or any of them, or to any Offence which shall have been committed contrary to such Act or Acts, or any of them. III. And be It enacted and declai-ed, That all Orders All Orders in made by Her Majesty in Council, or under the Authority Council, Honds, (1) See 5 & 6 Vict. c. 47. §§ 59, 60. Appendix. (2) See 5 & 6 Vict. c. 56. § 6. Appendix. B 2 4 Cap. 84. KEPEAL. 8° & 9° Vict. and Licences, of any of thc Acts hereby repealed, or of any other Act and all Acts relating to the Customs or to Trade or Navigation, and repealed Acts, ^^^ Bonds taken or Licences granted under the Authority to be valid, of any sucli Act or Acts, and all Acts whatsoever done notwitiihtand- under the Authority or in pursuance of any such Act or ing ic epea . j^^^^^ shall be valid and effectual, notwithstanding the Act or Acts under the Authority of which such Orders shall have been made, or such Bonds shall have been taken and Licences granted, and such Acts shall have been done, may be repealed. ANNO OCTAVO & NONO VICTORIA REGINiE. CAP. LXXXV. An Act for the Management of the Customs. [4th August 1845.] \\/^HEIlEAS an Act was passed in the Session of Parliament liolden in the Third and Fourth Years of the Reign of King Williom the Fourth, intituled ^w 3&4W.4. c.5i. Act for the Management of the Customs (1), whereby the Laws in relation to the Management of the Customs were consolidated : And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act : Be it therefore enacted by the Queen'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 from and after the Conimence- passing of this Act the same shall come into and be and '"^"* °^ ^'^^' continue in full Force for all the Purposes mentioned therein, except where any other Commencement is herein particularly directed. II. And be it enacted. That it shall be lawful for Her Officers. Majesty from Time to Time to appoint, under the Great .J~Tr Seal of the United Kingdom, any Nvimber of Persons not toms, Appoint- exceeding Thirteen to be Commissioners of Her Majesty's ment of. Customs for the Collection and for the Management of the Customs in and throughout the whole of the United King- (1 ) For the Repeal of this Act, see Cap. 84, B 3 Cap. 85. MANAGEMENT. 8^' & 9° Vict. Officers. Commissioners subject to the Control of the Treasury. dom, and of any of Her Majesty's Possessions abroad ; and that caeli of such Commissioners, when so appointed, shall have and hold his Office during Her Majesty's Pleasure. III. And be it enacted. That tlie said Commissioners so appointed or to be appointed by Her Majesty shall, in all Matters and Things relating to the Execution of their Duties, be subject to the Authority, Directions, and Con- trol of the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, and shall obey such Orders and Instructions as shall from Time to Time be issued to them by the said Commissioners of Her Majesty's Treasury under the Hands of Three or more of them. of the Commis sioners Orders to be IV. And bc It enacted. That eveiy Order, Document, under tiie Hands Instrument, or Writing, not being for the Payment of Money, required by any Law at any Time In force to fee under the Hands or under the Hands and Seals of the Commissioners of Her Majesty's Customs, being attested by the Hands or the Hands and Seals of Two or more of such Commissioners, and every such Order for the Pay- ment of Money being attested by the Signatures of Three or more of such Commissioners, shall be deemed to be an Order, Document, Instrument, or Writing under the Hands or under the Hands and Seals, as the Case may be, of the Commissioners of Her Majesty's Customs accordingly. Previous Ap- pointments to remain in force. V. And be It enacted. That any Appointment of Com- missioners of Her Majesty's Customs In force at the Time of the Commencement of this Act shall continue In force as If the same had been afterwards made under and by virtue of the Authority of tills Act. Appointment VI. And be It enacted, That it shall be lawful for the of necessary gfjj(| Commlsslouei-s of Her Majesty's Treasury, or for the toms.*^ Commissioners of Her Majesty's Customs under the Au- thority of the said Commissioners of Her Majesty's Trea- sury, to appoint proper Persons to execute the Duties of the several Offices necessary to the due Management and Collection of the Customs, and all Matters connected there- with, under the Control and Direction of the Commissioners Salaries and of Her Majesty's Customs, and to grant or allow to such ^d°Se^"'^Ui s -P^^'so'^s such Salaries or other Allowances, or to permit such Emoluments, for the Labour and Responsibility in 8° & 9° Vict. MANAGEMENT. Cap. 85. 7 executing the Duties of their respective Offices or Employ- officers. ments, and to require of such Persons such Securities for their good Conduct therein, as the said Commissioners of Her Majesty's Treasury shall deem to be reasonable and necessary ; and such Persons shall hold their Offices during the Will and Pleasure of the said Commissioners of Her Majesty's Treasury, or of the Commissioners of Her Ma- jesty's Customs, in such Cases and in such Manner as the said Commissioners of Her Majesty's Treasury shall direct. VII. And be it enacted. That every Person employed Persons em- on any Duty or Service relating to the Customs by the P'^^yd '>y Cus- Orders or with the Conciu'rence of the Commissioners of officers for such Her Majesty's Customs (whether pre\aously or subsequently Service; expressed) shall be deemed to be the Officer of the Cus- toms for that Duty or Service ; and that every Act, Mat- Duties of ter, or Thing required by any Law. at any Time in force Officers per- to be done or performed l^y, to, or with any particular sonTandat Officer nominated in such Law for such Purpose, being Places appoint- done or performed by, to, or with any Person appointed ^^ ^y Comuus- by the Commissioners of Her Majesty's Customs to act for or in behalf of such particular Officer, the same shall be deemed to be done or performed by, to, or with such par- ticular Officer ; and that every Act, Matter, or Thing required by any Law at any Time in force to be done or performed at any particular Place within any Port, being done or performed at any Place within such Port appointed by the Commissioners of Her Majesty's Customs for such Purpose, the same shall be deemed to be done or performed at the particular Place so required by Law. (1) VIII. And be it enacted. That if any Officer, Clerk, or Officers taking other Person actino; in any Office or Employment in or ^"^ ^^f °^^ o •/ X •/ I'LG'wfl.rci not belonging to the Customs under the Control and Direction allowed shall be of the Commissioners of Her Majesty's Customs in any dismissed. Part of Her Majesty's Dominions shall take or receive any Fee, Perquisite, Gratuity, or Reward, whether pecuniary or of any other Sort or Description whatever, directly or indirectly, from any Person (not being a Person duly appointed to some Office in the Customs), on account of any thing done or to be done by him in or in any way relating to his said Office or Employment, excej)t such as he shall receive under any Order or Permission of the said (1) See Cap. 86. §§ .^9. 110. 125. B 4 Cap. 85. MANAGEMENT. 8" & 9° Vict. Officers, Penalty for offering Fee. Commissioners of Her Majesty's Treasury, every such Officer so offending shall, on Proof thereof to the Commis- sioners of Her Majesty's Customs, be dismissed from his Office ; and if any Person (not being a Person duly appointed to some Office in the Customs) shall give, offer, or promise to give any such Fee, Perquisite, Gratuity, or Reward, such Person shall for every such Offence forfeit the Sum of One hundred Pounds. (1) Previous Ap- IX. And bc it cuactcd. That all Commissions, Deputa- pointments and ^lons, and Appointments granted to any Officers of the Securities to • . r. remain in force. Cnstoms in forcc at the Time of the Commencement of this Act shall continue in force as if the same had been afterwards granted under and by virtue of the Authority of this Act ; and that all Bonds which shall have been given by any such Officers and their respective Sureties, for good Conduct or otherwise, shall remain in full Force and Effect. Declaration on Admission to Office. X. And be it enacted. That every Person who shall be appointed to any Office or Employment in the Service of the Customs under the Control and Direction of the Commissioners of Her Majesty's Customs in any Part of Her Majesty's Dominions shall, at their respective Ad- missions thereto, make the following Declaration ; (that is to say,) J A.B. do declare. That I will be true and faithful in the Execution, to the best of ray Knowledge and Power, of the Trust committed to my Charge and Inspection in the Service of Her Majesty's Customs; and that I will not require, take, or receive any Fee, Perquisite, Gratuity, or Reward, whether pecu- niary or of any Sort or Description whatever, either directly or indirectly, for any Service, Act, Dut)^, Matter, or Thing done or performed or to be done or performed in the Execution or Discharge of any of the Duties of my Office or Employment, on any Account whatever, other than my Salary, and what is or shall be allowed me by Law, or by any special Order of the Commissioners of Her Majesty's Treasury or the Com- missioners of Her Majesty's Customs for the Time beinsf.' (1) See also Cap. 87. •^ f?5. 8° & 9° Vict. MANAGEMENT. Cap. 85. XI. And be it enacted, That it shall be lawful for the officers. said Commissioners of Her Majesty's Treasury by their Warrant from Time to Time to appoint the Hours of tendlLe and' general Attendance of the Commissioners and respective Division of Ser- Officers of the Customs, and other Persons in the Service ^^^^ >" ^^°^^ of the Customs, at their proper Offices and Places of Employment ; and that it shall be lawful for the Com- missioners of Pier Majesty's Customs to appoint the Times during such Hours at which any particular Parts of the Duties of such Officers and other Persons respectively shall be performed by them. XII. And be it enacted. That no Commissioner of Her Officers of Cus- Majesty's Customs, nor any Officer of Customs, or Person *"'"^ "°* \iabU employed in the Collection or Management of or account- chiaVand^other ing for the Revenue of Customs, or any Part thereof, nor local Offices, any Clerk or other Person acting under them, shall, during the Time of his acting as such Commissioner or as such Officer, or of his being so emjiloyed as aforesaid, or of his acting as such Clerk or other Person as aforesaid, as the Case may be, be compelled to serve as a Mayor or Sheriff, or in any corporate or parochial or other public Office or Employment, or to serve on any Jury or Inquest, or in the Militia, any Law, Usage, or Custom to the contrary thereof notwithstanding. XIII. And be it enacted, That no Day shall be kept Holidays. as a public Holiday by the Customs except Christmas Day and Good Friday in every Year, and any Days appointed by Her Majesty's Proclamation for the Purpose of a General Fast or of a General Thanksgiving, and also, so far as regards Scotland, any Days appointed for such Purposes by Authority of the General Assembly, and also such Days as shall have been appointed for the Cele- bration of the Birthdays of Her Majesty and of Her Successors, and that such Days shall be kept as public Holidays by the Officers and Servants of the Dock Com- panies in the United Kingdom. XIV. And be it enacted, That the Collector of the Collector in Customs in the Port of London shall pay into the Hands J^ondon to pay of the Receiver General of the Customs the whole of the t(>"Keceiver''^ Monies which he shall receive on account of the Duties General. of Customs on the Day on which he shall receive the same, or as near the whole n.'^ may be, save and except such 10 Cap. 85. MANAGEMENT. 8° & 9° Vict. Officers. Sum or Sums of Money as shall from Time to Time, by virtue of the special Order of the Commissioners of Her IVIajesty's Customs, be directed to be deducted, paid, or allowed therefrom. Ill London XV. And bc it enacted, That every Sum of Money Dobcutiirc's and ^yhich shall be due in the Port of London upon any ()r(|erstobe Debenture, Certificate, or other Instrument or Document liaid bv lie- ni-n p at c ^ ^r\ • cc-ivcr General, whatever lor the 1 ayment oi any iMoney out or the Duties of Customs shall be paid by the Receiver General of the Customs out of any I^Ioney in his Hands arising from the Duties of Customs, and every such Payment shall be allowed by the Commissioners for the better examining and auditing the Pubhc Accounts of this Kingdom in the settling or auditing of the Accounts of the Receiver Payments at General of the Customs (1); and when any such Payment Outports by q\\q\[ bccome due at any other Port in the United Kingdom, o ector. ^1^^ same may be paid by the Collector at such Port, the Comptroller being duly apprized thereof, out of any of the Money in his Hands arising from the Duties of Customs, and under such Directions and Instructions for the due Execution of their Offices as shall from Time to Time be given to them by the Commissioners of Her Majesty's Customs. Commissioners XVI. And be it enacted, That it shall be lawful for the of Customs may Commissioners of Her Majesty's Customs finally to settle of'collectors" ^ ^^*^ closc the Accounts of any Collectors or Receivers of any Part of the Revenue of the Customs or other Duties under their Management, notwithstanding any erroneous Appropriation of any Duties of Customs received by sucli Collectors or Receivers ; and the said Commissioners are hereby empowered to correct such Appropriation, in order to prevent the Accounts of any such Collectors or Re- ceivers from being kept open ; and all such Corrections shall be allowed by the Commissioners for auditing the Public Accounts in the passing the general Accounts of Customs, Subsidies, or Impositions. Salaries not XVII. And be it enacted. That all Salaries, Allowances, ^bject to Qj, Compensations granted or allowed to any Officer, Clerk, or other Person in the Service of the Customs shall be paid without any Abatement or Deduction on account of (1) As to Audit in Scotland, see 2 & 3 W. 4. c. 103. Appendix. 8''&9'>ViCT. MANAGEMENT. Cap. 85. 11 any Duties imposed by any Act of Parliament, unless officers. expressly charged thereon, save and except all Duties imposed by any Act for granting Duties on Profits arising from Property, Professions, Trades, and Offices. XVIII. And whereas it is expedient that Regulations Becehcr should be established by Law in the Office of the Receiver General, General of the Customs in England for depositing in the All Monies Banfr of England all the Monies, Bills, Drafts, and Notes received by received by such Receiver General on account of the 5^'^'^'^^'^';'' ^-z-. -n 11-nT n ^ r-<. • • r> "cneral or Cus- Revenue under the Management ot the Commissioners oi toms in England Her Majesty's Customs, except as herein-after mentioned, shall be paid until the same shall be paid into the Exchequer; be it "f^Ej^'riand"'' therefore enacted, That all Monies, Bills, Notes, and Draftg ° ' received by or coming to the Hands of the Receiver General of the Customs In England on account of the Revenue of Customs In Great Britain shall be paid by him Into the Hands of the Governor and Company of the Bank of England ; (that Is to say,) such Monies and Notes, and such of the Bills and Drafts as shall be already accepted, or shall not require Acceptance, having been first duly endorsed, shall be paid as aforesaid on the Day on which the same shall have been received, and such of the Bills and Drafts as shall require Acceptance, and not be already accepted when received, (the same having been first duly endorsed where necessary,) within Three Days after the same shall have been accepted, for which Monies, Bills, Notes, and Drafts the Entry In the Book herein-after mentioned shall be a sufficient Discharge ; and all such Monies, Bills, Notes, and Drafts so to be paid to the Governor and Company of the Bank of England shall be placed to an Account to be raised in the Books of the said Governor and Company, and to be intituled " The Account of the Public Monies of the Receiver General of Customs," inserting the Name of such Receiver General for the Time being. XIX. Provided nevertheless, and be it enacted. That it Money for ordi- shall be lawful for such Receiver General to retain and "3«"y -Payments keep in his own Hands, for the Payment of casual and tained. ordinary and daily Demands out of the Monies so received by him as such Receiver General, a Sum not exceeding One thousand Pounds at the Close of each Day, and also any further Sum which he shall be directed to retain by the said Commissioners, not exceeding Four thousand 12 Cap. 85. MANAGEMENT. 8° & 9° Vict. Receiver Poiincls, and also any further Sum, with the Permission in General. Writing of any Three or more of the said Commissioners of Her Majesty's Treasury. Bank to keep XX. And bc it enacted, That the Governor and Coni- an Account to pany of the Bank of Ent/land, or some Person duly autho- the'^CusVomsYor I'ized in tliat Behalf, shall daily, upon receiving any Money, Inspection. Bills, Notes, or Drafts from such Receiver General of the Customs, make an Entry of the Money, Bills, Notes, and Drafts so received, in a Book to be provided by the Governor and Company of the Bank of England, which Book shall be forthwith re-delivered to the Persons making the Payments for the Customs, and inspected daily after its Return by the Comptroller General of the Customs or his Clerk, (such Clerk being first duly authorized by liim, and for whose Conduct he shall be answerable,) Avho shall compare the same with the Account of Monies, Bills, Notes, and Drafts received by the said Receiver General, for the Purpose of ascertaining that the Receiver General constantly pays into the Bank all the Money, Bills, Notes, and Drafts which he ought to do under the Provisions of this Act ; and any Default which such Comptroller General or his Clerk may discover in that Behalf shall be imme- diately reported by him to the said Commissioners of Her Majesty's Customs, who shall report the same, unless it shall appear to them to have happened by Mistake or Inadvert- ence, to the said Commissioners of Her Majesty's Treasury, Money carried XXI. And be it enacted. That the Monies placed to quer^to be^ *^" ^^^ Accouut of the Receiver General as aforesaid in the written off at Bank of England shall be paid into the Exchequer from the Bank. Time to Tuiie as by Law is directed, in manner following ; that is to say, the Receiver General, or his Clerk duly authorized by him for that Purpose, and for whose Con- duct therein he shall be answerable, shall make an Order weekly upon the Governor and Company of the Bank of England, which Order shall be countersigned by the Comptroller General or his Clerk, to write off from his Account the Sum specified ; and the said Governor and Company, or some Person duly authorized on their Behalf, shall thereupon write off such Sum, and deliver a Note, drawn and cancelled in such Manner as shall be approved by the said Commissioners of Her Majesty's Treasury, for the Amount, to the Receiver General or his Clerk, who shall pay the same into the Exchequer, and the Bank 7 8" & 9° Vict. MANAGEMENT. Cap. 85. 13 Receiver General. Clerks attending there shall receive it as so much Cash ; and it shall not be lawful for the Governor and Company of the Bank of England to pay or transfer any Part of the Money so paid in and placed to the Account of such Receiver General from such Account, otherwise than into the Exchequer in manner aforesaid, and except in the Manner herein-after directed, or to deliver any Note or Notes, Bill or Bills of Exchange, save and except to the Solicitor of the Customs or his Clerk, upon his Application for the same, together with the Receiver General or his Clerk, and the Comptroller General or his Clerk, for the sole Purpose of taking out an Extent for the Security of the Money for which such Bill of Exchange or Draft shall have been given, or to the said Receiver General or his Clerk, any Bills, Notes, or Drafts which may be protested for Nonpayment, except as herein-after is mentioned, in which Case the Commissioners of Her Majesty's Customs shall be immediately acquainted therewith, if sitting, by such Solicitor, Receiver General, or Comptroller Genei'al, or, if not sitting, at the Time of their assembling; and such Delivery shall be entered by the Bank in the Book to be kept as herein directed. XXII. And be it enacted. That in order that the Receiver several Payments directed by Order of the Commissioners General mny of Her Majesty's Customs to be made by the said Receiver i3'^,^'|^ to pay General to Merchants or any other Persons on account of Drawbacks, &c. Drawbacks or Bounties, or on any other Account what- ever, may be made without Delay, and for the Payment of which the JNIoney then in the Hands of the said Receiver General shall be insufficient, it shall be lawful for the said Receiver General, or his Clerk deputed and authorized by him for that Purpose, and for whose Conduct therein he shall be answerable, to draw out of the Bank o^ Englcmd, as Occa- sion may require, such Sum or Sums of Money as may be sufficient to answer the Purpose aforesaid ; and that every Drafts to be Draft or Order on the Bank for Money for any of the countersigned said Purposes shall be countersigned by the Comptroller ^ Comptroller General, or his Clei-k to be deputed and authorized by him for that Purpose, and for whose Conduct thei'ein he shall be answerable ; and that the said Receiver General shall from Tune to Time account for the Monies so to be drawn \)y him or his Clerk out of the Bank. XXIII. And in order that separate Accounts maybe Officers of the kept at the Exchequer of the Monies paid in on various i^xchequer to 14 Receit'er General. be furnished with Apjiro- priation Papers. On the Death or Uemoval of Receiver General, the Balance to vest ill his Successor. Cap. 85. MANAGEMENT. 8° & 9° Vict. ■Receiver General to keep Account. Branches of the Customs pursuant to Law, be it enacted. That the said Receiver General of the Customs shall, on every Mondaij Morning, furnish the proper Officers of the Exchequer with an Appropriation Paper, stating the Heads under which the lieceipts of the preceding Week are to be applied. XXIV. And be it enacted. That upon the Death, Resignation, or Removal of the present and of every other Receiver General of the Customs hereafter to be appointed, the Balance of Cash for which he shall at that Time have Credit on his Account as such Receiver General with the Governor and Company of the Bank of England shall, as soon as a Successor shall be appointed to the said Office, actually vest in such Successor, and until such Successor shall be appointed in such Person or Persons as shall for the Time being be duly authorized to execute the Duties of the said Office, in trust for the Service of the Public, and be forthwith transferred, carried over, and placed to the Account of such Successor or other Person or Persons as aforesaid, to be ajiplied to the said Service in pursuance of the like Drafts and Orders as aforesaid. (1) XXV. And be it enacted. That the Receiver General of the Customs for the Time being shall keep the Account with the Bank of all Monies issued by and paid to the Bank on his Account for the Service of the Public ; and the said Receiver General, observing the Rules and Regu- lations hereby prescribed, shall not be answerable for any Money, Bills, Notes, and Drafts which he shall have so paid or caused to be paid into the Bank of Enrjland ; and the Governor and Company of the Bank of England shall be answerable for all the INIonies, Bills, Notes, and Drafts which shall be actually received by them from and on account of such Receiver Geiieral as aforesaid, except such Bills as may have been returned in manner aforesaid. Punishment for Forgery on Re- ceiver General, Transportation for Life. XXVI. And be it enacted. That if any Person or Persons shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in forging or counter- feiting, the Name or Handwriting of any Receiver General of the Customs, or of any Comptroller General of the (1) See §21. 8° & 9" Vict. MANAGEMENT. Cap. 85. 15 Customs, or of any Person acting for them respectively as aforesaid, to any Draft, Instrument, or Writing what- soever, for or in order to the receiving or obtaining any of the Money in the Hands or Custody of the Governor and Company of the Bank of England on account of the Receiver General of the Customs, or shall forge or coun- terfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in the forging or counterfeiting, any Draft, Instrument, or Writing in Form of a Draft, made by such Receiver General or Per- son as aforesaid, or shall utter or publish any such, knowing the same to be forged or counterfeited, with an Intention to defraud any Person whomsoever, every such Person or Persons so offending, being thereof lawfully convicted, shall be and is and are hereby declared and adjudged to be guilty of Felony, and shall be transported beyond the Seas for Life. Receiver General, XXVII. And be it enacted. That in all Cases wherein Oaths. Proof on Oath shall be required by any Law, or for the (^^,1^^^ ^^ Satisfaction or Consideration of the Conmiissioners of Her authorized to ' Majesty's Customs, in any Matter relating to any Business administer under their Management, the same may be made before ^^^hs. the Collector or Comptroller of the Customs at the Port where such Proof shall be required to be made, or before the Persons acting for them respectively, and who are hereby authorized and empowered to administer the same. XXVIII. And be it enacted. That upon Examinations Commissioners and Inquiries made by any Commissioners of Her Ma- of Her Majesty's jesty's Customs, or any One or more of them for the Time veyor's^General, being, or by any Surveyor General of the Customs, or &c. may exa- any Inspector General of the Customs, for ascertaining ™'"e Witnesses the Truth of Facts relative to the Customs, or the Con- duct of Officers or Persons employed therein, and upon the like Examinations and Inquiries made by the Collector and Comptroller of any Outport in the United Kingdom, or of any Port in the Isle of Man, or made by any Per- son or Persons in any of the British Possessions abroad, appointed by the Commissioners of Her ISIajesty's Cus- toms to make such Examinations and Inquiries, any Per- son examined before him or them as a Witness shall deliver his Testimony on Oath, to be administered by such of the said Commissioners, Surveyors General, or such of the Inspectors General, or such Collector or on Oath. 16 Cap. 85. MANAGEMENT. 8° & 9° Vict. Oaths. Comptroller, or such Person or Persons as shall examine any such Witness, and who are hereby authorized to ad- False Oath minister such Oatli ; and if any Person shall be convicted deemed I'er- of making a falsc Oath toucliing any of the Facts so tcsti- j"')'- jfied on Oath, or of giving false Evidence on his Examina- tion on Oath before any One or more of the said Com- missioners, or any of the Surveyors General or Inspectors General of the Customs, or such Collector and Comptroller, or such Person or Persons, in conformity to the Directions of this Act, every such Person so convicted as aforesaid shall be deemed guilty of Perjury, and shall be liable to the Pains and Penalties to which Persons are liable for wilful and corrupt Perjury. Lamhand XXIX. And be it enacted. That all Manors, Messuages, B udding s. Buildiugs, Lauds, Tenements, and Hereditaments which Lands and havc heretofore been purchased, acquired, or taken for the Buildings Usc and Service of Her Majesty's Customs, together Avith iiiready taken ^j.^^ Pights, Members, Easements, and Appurtenances to of Her Majesty's the samc respectively belonging, (other than and excei^t Customs to be such Mcssuagcs, Lands, Tenements, and Hereditaments as vested in the ^^^^^ ^^ ^^ Copyhold Tenure,) shall be and become and Customs for the remain and continue vested in the Secretary for the Time Time being ; being to tlic Commissioners of Her Majesty's Customs, and his respective Successors as Secretaries in such Service, according to the respective Nature and Quality of the said Manors, Messuages, Buildings, Lands, Tenements, and Hereditaments, and the several Estates and Interests of and in the same respectively, in trust for Her Majesty, Her Heirs and Successors, for the Use and Service of Her Majesty's Customs in the said United Kingdom. and also all XXX. And be it enacted, That all other Manors, Mes- f'*"^^' ^^- J-" suages. Buildings, Lands, Tenements, and Hereditaments purchased for (otlicr than and except as aforesaid) Avhich shall at any the Use of the Time or Times hereafter be purchased for the Use and Customs, Service of Her Majesty's Customs, with the Rights, Mem- bers, Easements, and Appurtenances to the same respec- tively belonging, shall in like Manner be and become and remain and continue vested in the Secretary for the Time being to the said Commissioners, and his Successors as Secretaries in such Ser\dce, according to the respective Nature and Quality of the said Manors, Messuages, Buildings, Lands, Tenements, and Hereditaments, and the 8" & 9° Vict. MANAGEMENT. Cap. 85. 17 several Estates and Interests of and in the same respec- Lmids and tively, in trust as aforesaid. Buildings. XXXI. And be it enacted. That it shall and may be Secretary .under lawful for the said Secretary for the Time being, by and Authority of under the Authority and Dh-ection of the said Commis- ,?,ayTeiro°rTet' sioners (testified by Writing under their Hands and Seals), Lands vested to sell, exchange, or in any Manner dispose of, or to let, '" ^hem. set, or demise, as well any of the Freehold and Leasehold Manors, Messuages, Buildings, Lands, Tenements, and Hereditaments respectively which shall for the Time being be vested in them respectively under and by virtue of this present Act, with their respective Appurtenances, as also any of the Copyhold Messuages, Buildings, Lands, Tene- ments, and Hereditaments which shall have been surren- dered to and vested in any Person or Persons, and his, her, or their Heirs and Assigns, in trust for Her said Majesty, or any of Her Predecessors, his, her, or their Heirs or Successors, for the Use and Service of Her Majesty's Customs in the said United Kingdom, or any of them, either by public Auction or private Contract ; and as to the said Freehold and Leasehold Manors, IMessuages, Lands, Tenements, and Hereditaments, that it sliall and may be lawful to and for the said Secretary for the Time being, and as to the said Copyhold Messuages, Lands, Tenements, and Hereditaments, that it shall and may be lawful to and for the said Person or Persons in whom the same shall be vested as aforesaid, in due Form of Law, to convey, surrender, assign, make over, or to grant or demise the same respectively, or any of them, as the Case may require, to any Person or Persons who shall be willing to purchase or take the same respectively, and also to carry into execution any Contract or Contracts already entered into for the Sale of any such Freehold, Copyhold, or Leasehold Messuages, Lands, Tenements, or Heredita- ments as aforesaid, with such Alterations or Variations as the said Commissioners for the Time being, or any Two or more of them, shall by Yv^riting under their Hands direct, and for that Purpose to make and execute all such Con- veyances, Assurances, and Agreements as may be thought proper, and also to do any other Act, Matter, or Thing in relation to any such Manors, Messuages, Buildings, Lands, Tenements, and Hereditaments which shall by the said Commissioners be deemed beneficial for the Public Ser- vice in relation thereto, or for the better Management c 18 J.ntuh nnd liuihlings. iVIonics pro- duced by Sale of such Lands to be paid to the Receiver General. After Payment, Purchasers to stand possessed of the Lands, &c. Cap. 85. MANAGEMENT. 8 ' & 9^ Vict. thereof, and wliicli might be done ]:)y any Person or Per- sons liavhig a like Interest in any such Manors, Messuages, Lands, Tenements, or Hereditaments. XXXII. And be it enacted, That the Monies to arise and be produced by Sales or Exchange of any of the said Manors, Messuages, Lands, Tenements, or Hercditaments which shall be sold or exchanged or conveyed under the Provisions of this present Act, including the INIonies already paid by way of Deposit for the Purchase of any Hereditaments already contracted to be sold, and the lie- sidue of the Monies to be received in respect or on account of such Contract, shall be paid by the respective Purchaser or Purchasers thereof, or the Person or Persona making such Exchange, under the Receiver General of Her Majesty's Customs for the Time being, or to such Person or Persons as the said Commissioners for the Time being, or any Four or more of them, shall direct or appoint to receive the same, in trust for Her Majesty, Her Heirs and Successors, for the Use and Service of the said Customs ; and that the Receipt of the said Receiver General, or such other Person or Persons as aforesaid, for such Monies (such Receipt to be endorsed on every such Conveyance, Surrender, or Assignment as aforesaid), shall effectually discharge the Purchaser or Purchasers or Person or Per- sons by whom or on whose Account the same shall be so paid. XXXIII. And be it enacted. That immediately from and after the Payment of such Purchase Money, and the Execution of every such Conveyance, Surrender, and Assignment as aforesaid, the Purchaser or Purchasers therein named shall be deemed and adjudged to stand seised and possessed of the Manors, Messuages, Lands, Tenements, and Hereditaments which shall be so purchased by, and conveyed, surrendered, assigned, or made over to him, her, or them respectively, freed and absolutely dis- charged of and from all and all Manner of prior Estates, Leases, Rights, Titles, Interests, Charges, Incumbrances, and Demands whatsoever which can or may be had, made, or set up in, to, out of, or upon or in respect of the same Manors, Messuages, Lands, Tenements, and Hereditaments by any Person or Persons whomsoever, by, from, or under, or in trust for Her Majesty, Her Heirs and Successors, on any account whatsoever, save and except such Estates, 8" & 9" Vict. MANAGEMENT. Cap. 85. 19 Leases, Rights, Titles, Interests, Charges, lucumbranccs, ImucIs ami Claims, and Demands, if any, as in any such Conveyance, B miding s. Surrender, or Assignment shall be excepted. XXXIV. And be it enacted. That it shall be lawful Treasury may for the said Commissioners of Her Majesty's Treasury for authorize Per- SOILS to surv(?v the Time being, from Time to Time, by any Writing a„j ,„ark out under their Hands, to authorize any Person or Persons to frauds for survey and mark out any Lands, not exceeding One Half Watch-houses, Acre at any one Station, which are or may be wanted for the Purposes of erecting and maintaining Watch-houses, Dwelling Houses, and other Buildings requisite and neces- sary for the Security and Protection of the Revenues of Customs and Excise, with all necessary Ways unto and from the same or any or either of them, such Lands being- situated Avithin Half a Mile of the Sea Shore or of the Tideway of any navigal^lc River, and to authorize any Person or Persons, by Warrant as aforesaid, to treat and agree with the Owner or Owners of or any Person or Persons interested in any such Lands, or any Messuages, Tenements, Hereditaments, or Premises Avliicli may be requisite and necessary as aforesaid, for the Possession thereof for such Time or Term of Years as the Public Service shall require. XXXV. And be it enacted. That it shall be lawfid for Bodies Politic, all Bodies Politic or Corporate, Ecclesiastical or Civil, and Jraa'for t*!?"' all Feoffees or Trustees for charitable or other pul)lic Pur- saie. poses, and for all Tenants for Life and Tenants in Tail, and for the Husbands, Guardians, Trustees, Committees, Curators, or Attornics of such of the Owners or Proprie- tors of or Persoiis interested in any such Lands, Messuages, Tenements, Hereditaments, or Premises required for such Public Service as shall be Femes Covert, Infsmts, Lunatics, Idiots, or Persons beyond the Seas or otherwise incapable of acting for themselves, to contract and agree with sucli Person or Persons authorized as aforesaid for the Grant of any Lease of such Lands, Messuages, Tenements, Here- ditaments, or Premises, eitlier for any Term of Years certain therein, or for such Periods as the Public Service shall require, and to demise or gi*ant the same unto the said Commissioners of Her Majesty's Treasury, in trust for Her IVIajesty, Her Heirs and Successors, accordingly ; and all such Leases and Agreements shall be valid and effectual in Law to all Intents and Purposes whatsoever, 2 20 Cap. 85. MANAGEMENT. 8° & 9° Vict. Lanris and XXXVI. And be it enacted. That in case any such Buildings. Bodies or other Persons hereby authorized to contract on PersonTre. bchalf of themsclves or others as aforesaid, or any other fusing to sell Pcrson or Persons interested in any such Lands so marked or to accept the Qut, or in any Messuages, Tenements, Hereditaments, or offcied'^Two" Premises required as aforesaid, shall, for the Space of Justice's may Fourteen Days next after Notice in Writing, subscribed put Her M;i- \)y g^d^ Pcrson or Pcrsous authorized as aforesaid, shall .lesty s Officers | |^^ myen to the principal Officer or Officers of any into possession, ,-,^1*^ iiV> ^ ^ I'l f;nd a Jury shall such Body, or to sucli Other Persons hereby authorized to 1)6 summoned, contract on behalf of others, or interested themselves as who shall find aforesaid, or left at his, her, or their usual Place of Abode, the Conipen- it i n hi sation to be refuse or declme to treat or agree, or by reason ot Absence made. shall bc prevented from treating or agreeing, with such Person or Persons authorized as aforesaid, or shall refuse to accept such annual Pent or Sum as shall be offered for the Hire thereof, either for a Time certain or for such Period as the Public Service may require ; and in case also it shall not bc practicable to procure by voluntary Bargain or Sale any other Land situate as aforesaid, or any JNIessuages, Tenements, Hereditaments, or Premises required as aforesaid, and suited to the Purpose for w^hich such Lands, Messuages, Tenements, Hereditaments, or Premises are required, then and in such Case it shall be lawful for Two or more Justices, or Three or more Deputy Lieutenants (One of whom shall be a Justice of the Peace), or Two or more Deputy Governors, for the County, Riding, Stewartry, City, or Place wherein such Lands, Tenements, Hereditaments, Messuages, or Premises shall be, to put Her Majesty's Officers in possession of such Lands, Messuages, Tenements, Hereditaments, or Pre- mises, and for that Purpose to issue a Warrant under their Hands and Seals requiring Possession to be delivered to such of Her Majesty's Officers as shall be named' in the said Warrant ; and it shall also be lawful for such Person or Persons so authorized as aforesaid to require the said Justices, Deputy Lieutenants, or Deputy Governors of such County, Riding, Stewartry, City, Liberty, or Place to issue their Warrant to the Sheriff or Sheriffs of the County, Riding, Stewartry, City, or Place wherein such Lands, Messuages, Tenements, Hereditaments, or Pre- mises shall be situate, to summon a Jury ; and every such Sheriff or Sheriffs is and are hereby authorized and required to summon and return a Jury, properly qualified, of the Number of Twenty-four, and in the Manner required by 8" & 9" Vict. MANAGEMENT. Cap. 85. 21 the Laws of England, Ireland, and Scotland respectively, iMmh and who shall meet at some convenient Time and Place to be BuikUnys. mentioned in such Summons, out of whom a Jury of Twelve shall be drawn in such Manner as Juries for the Trial of Issues joined in Her Majesty's Courts at JVest- minstei' and Dublin are drawn by Law in England or Ire- land respectively, and in such Manner as Jiu'ies are drawn by Law for the Trial of Oftences in Scotland, and in case a sufficient Number shall not appear the Sheriff or Sheriffs shall choose others of the By-standers, or that can speedily be procured, being qualified as aforesaid ; and the said Jurymen may be challenged by the Parties on either Side, but not the Array ; and the said Justices, Deputy Lieu- tenants, or Deputy Governors respectively, on the Appli- cation of the said Persons so authorized or of any Parties, concei'ned, may and shall summon Witnesses, and adjourn any such Meeting, if Jurymen or Witnesses do not attend ; and the Jury, on hearing any Witnesses and Evidence that may be produced, shall on their Oaths (which Oaths, as also the Oaths of such Witnesses, the said Justices, Deputy Lieutenants, or Deputy Governors respectively are hereby empowered and required to administer,) find the Compensation to be paid for the Possession or Use of such Lands, as the Case may be. XXXVII. Provided always, and be it enacted. That if Lands that are the Owner or Owners of any Lands, Messuages, Tene- Tv""^^^ T^ ^t __ ,. .^•' . ' • 1 taken in lieu or ments. Hereditaments, or Premises so requu-ed, or any such as have Person or Persons interested therein, shall at any Time i^een marked before the summoning of such Jury as aforesaid give Notice °"** in Writing of any other Lands situate as aforesaid, and of any other Messuages, Tenements, Hereditaments, or Premises so required as aforesaid, and suited to the Pur- pose for which such Lands are required, and which the Owner or Owners thereof or Persons interested therein are willing to treat and agree for, then and in such Case the Jury so to be summoned shall previously find the Facts, Avhether the Lands so indicated in such Notice are situate witliin the Distance aforesaid, and are suited to the Pur- pose for which such Lands, Tenements, Hereditaments, Messuages, or Premises may be required, and whether the Owner or Owners thereof or Persons interested therein are willing to treat and agree for tlie same ; and if they shall so find, the Owner or Owners of or Persons interested in the Lands so surveyed or marked out as aforesaid, or of c 3 22 liuihUnijs. Ciip. 85. MANAGEMENT. 8" & 9° Vict. the Messung-cs, Tenements, Ilereditamcnta, or Premises so required, shall not be compellable l)y virtue of this Act to sell or dispose of the same : Provided also, that where the Owner or Owners of or Persons interested in any Lands Messuages, Tenements, Hereditaments, or Premises re- quired by virtue of this Act to be given up for the Pur- poses aforesaid shall prefer to sell the same outright, and shall be al)le to make a good Title to the Eee Simple thereof, it shall be lawful for them to insist on so doing ; and in suclx Case the Jury so summoned as aforesaid shall lind the Value of the Eee Simple of such Lands, Tene- ments, Messuages, Hereditaments, or Premises, and the same shall be paid to the Owner or Owners thereof or Persons interested therein in the jNIanncr directed by this Act. If ;lny t'ersou hi; dissatisfied with Verdict, Appeal may be niiule to tlie Court of Ex« chequer in England or Ireland, or to the Court of Session, &c. in Seotland. XXXVIII. Provided also, and be it enacted. That If the said Commissioners of Her Majesty's Treasury, or any Person interested therein, shall be dissatisfied with the Verdict of any such Jur}"-, it shall be lawful f(jr them or their Attornies in England and Ireland to apply to the Court of Exchequer at Westminster or DidtUn respectively in the next Term, and in Scotland to apply within Four- teen Days after the finding any such Verdict to the Court of Session in Scotland in Time of Session, or Lord Ordi- nary on the Bills in Time of Vacation, to suggest to the said Courts or Lord Ordinary respectively that they have reason to be dissatisfied with such Verdict, and forthwith to give Notice thereof to the said Commissioners or Party (as the Case may be) ; and thereupon in England and Ire- land the Proceedings that shall have been had, and the Verdict of such Jury, shall be returned into the said Courts of Exchequer respectively ; and if it shall appear to the said Covu-ts to be proper, a Suggestion shall be entered on such Proceedings as aforesaid, and a Writ shall thereupon, by Rule of such Court, or Otder of any Judge of such Court, be directed to the Sheriff of such County where the Lands shall lie, or the Messuages, Tenements, Hereditaments, or Premises shall be, or, if the same shall lie or be in Two Counties, to the Sheriff of either of such Counties, to summon either a Common or Special Jury, according to the Application that shall have been made on that Behalf, and as the Court or such Judge shall allow, and who shall respectively he qualified according to Law, to appear before the said Justice of Assize or Nisi Prius of 8^ & 9° Vict. MANAGEMENT. Cap. 85. 23 that County at tlic next Assizes or Sittings of Nisi Prius Lands and if the same shall not happen sooner than Twenty-one Buildings. Days after such Suggestion, otherwise at the next succeed- ing Assizes or Sittings ; and the Compensation to be paid for the Possession or Use of such Lands, MessuagCB, Tene- raents. Hereditaments, or Premises shall at such Assizes or Sittings be ascertained by such Jury in like Manner as any Damages may be inquired of vipon any Inquisition or Inquiry of Damages by any Jury before any Judge of Assize or Nisi Prius ; and the Verdict of such Jury shall be returned to the said Courts of Exchequer, and shall be final and conclusive ; and in Scotland, if it shall appear proper to the said Court of Session or Lord Ordinary, xq)on such Application so to do, the said Court or Lord Ordinary shall order and direct the Sheriff of the County where such Lands, Messuages, Tenements, Hereditaments, or Premises shall lie and be, or, if the same shall lie or be in Two Counties, the Sheriff of either of such Counties, to summon another Jury in the Manner in which Juries are summoned in Scotland, properly qualified according to Law, to appear before the Lords or Lord of Justiciary at the next Circuit if the same shall not happen sooner than Twenty-one Days after such Application, otherwise the next succeeding Circuit ; and the Compensation as afore- said for the Land, Messuages, Tenements, Hereditaments, and Premises shall at such Circuit be ascertained by a Jury drawn from a Jury summoned as aforesaid in such Man- ner as Juries are drawn in Scotland under the Direction of the said Lords or Lord of Justiciary as aforesaid ; and the Verdict of such last-mentioned Juries shall be final and conclusive, without being subject to Review or Challenge of any Kind, unless the Court that shall have allowed such Inquiry shall think fit, on any Application made within Four Days after the Commencement of the succeeding Term, or Session if in Scotland, to order any new Trial in relation thereto. XXXIX. Provided always, and be it enacted. That Jury, in ascet- it shall be lawful for any Jury impannelled before any tammg Com- Justice of the Peace, Magistrate, Deputy Lieutenant, or premi'ses to"^ Deputy Governor, or before any Judge of Assize or Nisi settle I'ropor- Prius, to ascertain the Compensation to be paid for any ^^°^ *° ^^ P**^*^ Lands under this Act, and they are hereby required to ascertain and settle the Proportion to be paid out of such Compensation to any Person or Persons having any c 4 24 Cap. 8^ MANAGEMENT. 8" & 9° Vict. Lands and liuildinf/s. Interest as Lessees or Tenants at Will, or otherwise, in any !?uch I^aiKls, ami the Proportion to be paid ont of such Coinj)ens;iti()u t«iiall l>e rctunud on the Verdict : Provided also, that where any such Inquiry before any .Judge of Assize or Nisi Prlus, or Lords or Lord of Justiciary, shall be had on the Apj)lication of any such Lessee or Tenant at Will, or other Person having any inferior Interest in any such Lands, ^lessuagcs. Tenements, Hereditaments, or Prcniises, who may have been dissatisfied with the Proportion of Com})ensation settled by the Jury to be paid in respect of such Interest, it shall not be lawful for the Jury in any such Case to alter the Amount of the entire Compensation awarded by any former Verdict to be paid for such Lands, Messuages, Tenements, Heredi- taments, or Premises, but only the Proportion thereof to be paid to the Person or Persons having separate Interests therein ; and it shall not be lawful for any Jury, on any Inquiiy had before any Judge of Assize or Nisi Prius, or Lords or Lord of Justiciary, as to any Compensation, on the Application of the said Com- missioners of Her Majesty's Treasury, in any Case in which the whole Compensation awarded by the former Jury is confirmed by the Jury on such Inquiry, to alter the Proportion that shall have been settled by any such former Jury as to any separate Interest in any such Lands, Tenements, Messuages, Hereditaments, or Premises. Security to be given for Costs. XL. Provided also, and be it enacted. That it shall be lawful for the Court or Judge or Lord Ordinary making any such Rule or Order to require that the Party on whose Application the same shall be made shall give such Security as shall to such Court, Judge, or Lord Ordinary seem proper, for Payment of Costs under such Circum- stances as shall be specified in any Rule or Order made for that Purpose. Upon delivering up Lands to the Owners, all Erections for the Public Ser- vice to be re- moved, making Compensation to Owners. XLI. And be it enacted. That in all Cases where any Lands shall be taken under the Provisions of tliis Act for any Term of Years, or for such Period only as the Public Service shall require, it shall be lawful for the Commis- sioners of Her Majesty's Treasury, or any other Person or Persons so authorized as aforesaid, at any Time before the Possession of any Lands which shall have been taken for the Purposes aforesaid shall be delivered up to the 8 8° & 9° Vict. MANAGEMENT. Cap. 85. 25 Owner or Owners thereof, or other Person or Persons Lands and acting on bis or their Behalf, to take clown and remove Buddings. all such Buildings or other Erections which shall or may have been built or erected thereon for the Public Service, and to carry away the Materials thereof, making such Compensation to the Owner or Owners of such Lands, or other Person or Persons acting on his, her, or their Behalf, for the Damage or Injury which may have been done thereto, or to the Soil thereof, by the Erection of any such Buildings, or removing and carrying away the same, or otherwise, in consequence of the same having been occupied for the Public Service, as the said Commis- sionei's of Her Majesty's Treasury, or such other Person or Persons authorized as aforesaid, shall think reasonable, and as shall be agreed upon in that Behalf; and if such Owner or Owners, or other Person or Persons acting on his, her, or their Behalf, shall not be willing to accept the Compensation so offered, it shall be lawful for the said Commissioners of Her Majesty's Treasury, or other Person or Persons so authorized as aforesaid, to apply to and require Two Justices of the Peace of the County, Riding, Stewartry, City, or Place to settle and ascer- tain the Compensation which ought to be made for such Damage or Injury as aforesaid ; and such Justice shall settle and ascertain the same accordingly, and shall grant a Certificate thereof ; and the Amount of such Com- pensation, so settled and ascertained and certified, shall forthwith be paid by Warrant of the Commissioners of Her Majesty's Treasury, or any Three or more of them, to the Person or Persons entitled thereto : Provided always, that nothing in this Act shall extend or be con- strued to extend to alter, prejudice, or affect any Agreement which hath been or shall or may be entered into by any such Person or Persons authorized as aforesaid with any Owner or Owners of any such Lands, or other Person or Persons acting on his, her, or their Behalf, in relation to any such Buildings or Erections, but every such Agree- ment shall remain valid and effectual in like Manner as if this Act had not passed. XLII. And be it enacted. That in all Cases where any Purchase Money shall have been or shall be agreed, or shall have Money belong- been or shall be found by the Verdict of any Jury, to be lafe? persons!' paid or given for the Use or Possession of any Lands, &c. to be paid Messuages, Tenements, Hereditaments, or Premises taken *^ ^^^ proper 26 J.aiuh and BaUdings. OlTlcer of tlie E.vcheciuer for their Use. Cap. 8 o. MANAGEMENT. 8" & 9° Vict. by virtue of tins Act, belonging to any Person or Persons mulcr any Disability or Inca[)acity, or not having the absolute Interest therein, the same shall be paid by Warrant of the Commissioners of Her JNIajesty's Treasury, or any Three of them, into the Hands of the proper Officer of Her Majesty's Court of Exchequer at Westmins' ter, Iullnbur(jk, or Duhlin respectively for the Time being for receiving the Monies belonging to the Suitors of the said Court respectively, for the Use and Benefit of such Person or Persons ; and such Officer is hereby authorized and required to receive or accept and to give a Discharge for such Money, and upon the Acceptation or Receipt thereof to sign a Certificate to the Barons or Judges of the said Courts of Exchequer respectively, under his Hand, purporting and signifying that such Money or other Consideration Avas received or accepted by and paid to him in pursuance of this Act, for the Use and Benefit of such Person or Persons who shall be named and described in such Certificate ; and the said Certificate shall be filed or deposited in the said Court of Exchequer at Westmins- ter, Edinburgh, or Dublin respectively^ and a true Copy thereof, signed by such Officer of such Court, shall and may be read and allowed as Evidence for the Purposes herein-after mentioned ; and such Officer of such Court is hereby required, upon Receipt of any such Sum or Sums of INIoney as aforesaid, to pay the same into the Bank of England, or Bank of Scotland or Royal Bank of Scotland, or Bank of Ireland, as the Case may require ; and immediately upon the filing or depositing of such Cer- tificate the said Lands, Messuages, Tenements, Heredita- ments, or Premises shall be vested in or to the Use of Her Majesty, Her Heirs and Successors. Barons of the XLIII. And bc it cnactcd, That the Barons or Judges oiriSon tf" ^^ ^^^^ Majesty's Court of Exchequer at Westminster, and Parties inter- fkc Barons or Judges of Her Majesty's Court of Ex- chequer at Edinburgh or Dublin, for the Time being respectively, or any Two or more of them, shall be and they are hereby authorized and empowered in a summary Way, upon Motion or by Petition for and on behalf of any Person or Persons interested in or entitled to the Benefit of the Money so paid to and received by the proper Officer of the said Courts respectively, or the Inte- rest or Produce thereof, and upon reading the Certifi- cate directed to be signed by the said Officer concerning 5 t-stcil, to order tlie Applieatioii of 3Ioney. 8" & 9" Vict. MANAGEMENT. Cap. 85. 27 the same as afbresaid, and receiving such further Satisfac- Laufis and tion as they shall think necessary, to make and pronounce BuUiIukjs. such Orders and Directions for paying the said ^loney, or any Part of the same, or for placing out such Part thereof as shall be Principal in the Public Funds, or upon Govern- ment or Ileal Securities, and for Payment of the Dividends or Interest thereof, or any Part thereof, to the respective l*ersons entitled to receive the same, or for laying out the I'rincipal, or any Part thereof) in the Purchase of other Lands, to be conveyed and settled to, for, and upon the same Uses, Trusts, Intents, and Purposes as the said Lands so taken stood settled at the Time of the Payment of such Money as aforesaid, as near as the same can be done, or otherwise concerning the disposing of the said Money, or any Part thereof, and the Interest of the same, or any Part thereof, for the Benefit of the Person or Per- sons respectively, or for appointing any Person or Persons to be Trustee or Trustees for all or any of such Purposes, as the said Courts respectively shall think just and reasonable. XLIV. And be it enacted. That upon the Death, On ila- Deatli, Removal, or Resio-nation of any such Officer of the said ||^''V"^"': "•" „ /■-< p IT 1 11 Li 1 1 o • • 1 • Jfesigiiation or Ccmrts 01 liixcncfpier all htocks and Securities vested in oiHcirofEx- liim by virtue of this Act shall vest in the succeeding ciicquer. Stocks Officer of the Exchequer, for the Purposes hereiu-before ''" -n r\ i "oods missing, in any British Ship Avithout sucn Manifest, or if any Goods Master to contained in such Manifest be not on board, the INIaster of forfeit ]oo/. such Ship shall forfeit the Sum of One hundred Pounds. VI. And be it enacted. That the Master of every Ship Manifest to he required to have a Manifest on board (1) shall produce such produceilwithin ^ \ ^ X I'ourl^eagiies; 0) Sec§ :i. 32 Cap. 86. KEGULATION. 8" & 9^ Vict. Inwards. Manifest. and Copies delivered to Officers, who shall transmit Copies to Port of Destination. Master not pro- ducing, to forfeit 100/. Manifest to any Officer of the Customs who shall come on board his Ship after her Arrival within Four Leagues of the Coast of the United Kingdom or of tlie Coast of the Isle of Man, and who shall demand the same, for his In- spection ; and such Master shall also deliver to any such Officer who shall be the first to demand it a true Copy of such Manifest, signed by the Master, and shall also deliver another Copy to any other Officer of the Customs who shall be the first to demand the same within the Limits of the Port to which such Ship is bound; and thereupon such Officers respectively shall notify on such Manifest and on such Copies the Date of the Production of such Manifest and of the Receipt of such Copies, and shall transmit such Copies to the Collector and Comptroller of the Port to which such Vessel is first bound, and shall return such Manifest to the Master ; and if such Master shall not in any Case produce such Manifest or deliver such Copy he shall forfeit the Sum of One hundred Pounds. Report. Master within Twenty-four Hours and before breakins Bulk shall report. Particulars of Report. VII. And be it enacted. That the Master ( 1 ) of every Ship arriving from Parts beyond the Seas at any Port in the United Kingdom or in the Isle of Mmi, whether laden or in ballast, shall within Twenty-four Hours after such Arrival, and before Bulk be broken, make due Report of such Ship, and shall make and subscribe a Declaration to the Truth of the same before the Collector or Comptroller of such Port ; and such Report shall contain an Account of the particular Marks, Numbers, and Contents of all the different Packaijes or Parcels of the Goods on board such Ship, and the Particulars of such Goods as are stowed loose, to the best of his Knowledge, and the general Denomina- tion of the Contents of every Package containing the following Articles imported from any Foreign Place in Europe, namely. Cambrics or Lawns, Leather Gloves, Manufactures of Silk, Tobacco, Cigars, or Snuif, and of the Place or Places where such Goods were respectively taken on board, and of the Burden of such Ship, and of the Country (2) where such Ship was built, or if British (3) (1) Tlie Master's Name must be mentioned in the Certificate of Registry, Cap. 89. § 2. ; and upon any Change of IVIaster the Name of the new Master must be endorsed thereon, ib. § 24. See also § 127. of this Act as to wlio is to be deemed Master, and § 140. (2) As to national Cliaracter of Vessels, sec Cap. 88. §§ IS. 16. (.3) If the Ship has received Foj-eign Repairs exceeding 20s. the Ton, the Master must so report. See Cap. 89. § 7. 8" & 9° Vict. REGULATION. Cap. 86. 33 of the Port of Re<^lstry, and of tlic Country of the Pco})le Inxvards. to whom such Ship belongs, and of the Name and Country of the Person who was Master durhig the Voyage, and of *f^'^ * the Number of the People by whom such Ship was navi- gated, stating how many are Subjects of the Country to which such Ship belongs, and how many are of some other Country ; and in sucli Report it shall be further declared whether and in what Cases such Ship has broken Bulk in the course of her Voyage, and what Part of the Cargo, if any, is intended for Importation at such Port, and what Part, if any, is intended for Importation at another Port in the United Kingdom or at another Port in the Isle of Man respectively, and what Part, if any, is prohibited to be imported ( 1 ) except to be warehoused for Exportation only, and what Part, if any, is intended for Exportation (2) in such Ship to Parts beyond the Seas, and what surplus Stores (3) or Stock remain on board such Ship, and if a British Ship, what Foreign-made Sails or Cordage (4), not being standing or running Rigging, are in use on board such Ship ; and the Master of any Ship who shall fail to Penalty on make such Report, or who shall make a false Report, t'aiiure, loo/, shall forfeit the Sum of One hundred Pounds. VIII. Provided always, and be it enacted. That the Bond to main- Master of every Vessel coming from the Coast of Africa, **'" -^'r'^^'^^- and having taken on board at any Place in Africa any Person or Persons being or appearing to be Natives of Africa, shall, in addition to all other jMatters, state in the Report of his Vessel how many such Persons have been taken on board by him in Africa ; and any such Master failing herein shall forfeit the Stmi of One hun- dred Pounds: Provided also, that the Master or Owner or Owners of such Vessel, or some or One of them, at the Time of making such Report, be required to enter into Bond to Her Majesty in the Sum of One hundred Pounds, conditioned to keep harmless any Parish or any extra-parochical or other Place maintaining its own Poor against any Expence which such Parish or other Place may be put to in supporting any such Person during their Stay in the United Kingdom ; and any such Master, Owner or (1) See §§ 63, 64, 65. See also Cap. 88. § 22. (2) For Departure of such Ship with such Goods, see §§ 86. 88. 90. (3) As to Stores, see § 35. ; also Cap. 91. §§ 16. 19. (4) In what Cases liable to Duty, see Cap. 90., Table Inwards. 34 Cap. 86. REGULATION. 8° & 9^ Vict. Inwards. Report. Owners, refuslnp; or neolccting to enter into such Bond, shall forfeit the Sum of Two hundred Pounds. Packages reported " Contents IX. And be it enacted. That if the Contents of any Package so intended as aforesaid for Exportation in the , .. same Shin to Parts beyond the Seas shall be reported by unknown ,t,»- i. i i- 'J^^^^\lc^^ may be opened the Mastcr as bcuig unknown to hnn, it shall be lawtul tor and examined. ^\^q Officers of the Customs to Open and examine such Package on board, or to bring the same to the Queen's Warehouse for that Purpose ; and if there be found in such Package any Goods which may not be entered for Home Use, such Goods shall be forfeited, or if the Goods be such as may be entered for Home Use, the same shall be chargeable with the Duties of Importation, unless in either Case the Commissioners of Her JNIajesty's Customs, in consideration of the Sort or Quality of such Goods, or the small Hate of Duty payable thereon, shall see fit to deliver the same for Exportation. Master to deliver Mani- fest ; and, if required, Bill of Lading or Copy ; and answer Questions as to Voyage ; on Failure, to forfeit 100?. X. And be it enacted. That the Master of every Ship shall at the Time of making such lleport deliver to the Collector or Comptroller the Manifest of the Cargo of such Ship, where a Manifest is required (1), and, if required by the Collector or Comptroller, shall produce to him any Bill or Bills of Lading, or a true Co])y thereof, for any and every Part of the Cargo laden on board, and shall answer all such Questions relating to the Ship and Cargo, and Crew and Voyage, as shall be put to him by such Collector or Comptroller ; and in case of Failure or Refusal to produce such Manifest, or to answer sucli Questions, or to answer them truly, or to produce such Bill of Lading or Copy, or if such Manifest or Bill of Lading or Copy shall be false, or if any Bill of Lading be uttered or produced by any Master, and the Goods ex- pressed therein shall not have been bojid Jide shipped on board such Ship, or if any Bill of Lading uttered or pro- duced by any Master shall not have been signed by him, or any such Copy shall not have been received or made by him previously to his leaving the Place where the Goods ex- pressed in such Bill of Lading or Copy were shipped, then and in every such Case such Master shall forfeit the Sum of One hundred Pounds. (1) Sce§ 3. 8 • & 9" Vict. IIEGULATION. Cap. 86. 35 Report. XI. And he it enacted. That if any Part of the Cargo of any Ship for which a ]\Ianifest is required be reported for Importation at some other Port in the United Kingdom or at some other Port in the Isle of Man respectively, the Part of Cargo Collector and Comptroller of the Port at which some Part reported for of the Cargo has been delivered shall notify such Delivery ^"°''''"' ^^"• on the IManifest, and return the same to the jMaster of such Ship. XII. And be it enacted. That every Ship shall come as quickly up to the proper Place of mooring or unlading as the Nature of the Port will admit, and without touching at any other Place, and in proceeding to such Place shall bring to at Stations appointed by the Commissioners of Her Majesty's Customs for the boarding of Ships by the Officers of the Customs (1); and after Arrival at such Place of mooring or unlading such Ship shall not remove from such Place, except directly to some other proper Place, and with the Knowledge of the proper Officer of the Customs, on Penalty of One hundred Pounds, to be paid by the Master of such Ship : Provided always, that it shall be lawful for the Commissioners of Her Majesty's Customs to appoint Places to be the proper Places for the mooring or unlading of Ships importing Tobacco, and where such Ships only shall be moored or unladen ; and in case the Place so appointed for the unlading of such Shi])s shall not be within some Dock surrounded with Walls, if any such Ship, after having been discharged, shall remain at such Place, or if any Ship not importing Tobacco shall be moored at such Place, the Master shall in either Case forfeit and pay the Sum of Twenty Pounds. XIII. And be it enacted, That no Goods imported into the United Kingdom from Parts beyond the Seas shall be unshipped or carried from the importing Vessel to any Quay, Wharf, or other Place, previously to the Examina- tion thereof, except under such Rules, Regulations, and Restrictions as the Commissioners of Her Majesty's Cus- toms may from Time to Time, with the Approbation of the Commissioners of Her Majesty's Treasury, direct and appoint ; and all Goods unshipped or carried contrary to such Rules, Regulations, or Restrictions, or any of them, General Frovi- sions. Ship to come quickly to Place of un- lading, and bring to at Stations for boarding Officers. Mooring Places for Tobacco Ships. Goods unship- ped from tlie importing Ves- sel, or landed contrary to the Regulations of the Commis- sioners of Cus- toms, forfeited. (1) For Penalty on Failure, see § 149. D 2 36 Inwards, General Provi- Penalty on Per- sons concerned. Officers to lio:ird Ships ; to liave free Access to all Parts ; may seal or secure Goods, and open Locks. Cap. 80. REGULATION. 8" & 9" Vict. Goods con- cealed, for- feited. If Seal, &c. broken, Master to forfeit 100/. shall be forfeited, togetlier with the Craft or other Means \iscd for the (Conveyance of any such Goods ; and every Person knowingly concerned in the unshipping or carrying of such Goods, or to whose Hands and Possession such Goods shall knowingly come, contrary to such llules. Regulations, and Restrictions, shall forfeit and pay a Sum of One hundred Pounds, or Treble the Value of such Goods, at the Election of the said Commissioners of Her Majesty's Customs. XIV. And be it enacted. That it shall be lawful for the proper Officers of the Customs to board (1) any Ship arriving at any Port in the United Kingdom or in the Isle of Man, and freely to stay on board rmtil all the Goods laden therein shall have been duly delivered from the same ; and such Officers shall have free Access (2) to every Part of the Ship, with Power to fasten down Hatch- Avays, and to mark any Goods before landing, and to lock up, seal, mark, or otherwise secure any Goods on board such Ship ; and if any Place or any Box or Chest be locked, and the Keys be withheld, such Officers, if they be of a Degree superior to Tidesmen or Watermen, may open any such Place, Box, or Chest in the best Manner in their Power ; and if they be Tidesmen or Watermen, or only of that Degree, they shall send for their superior Officer, who may open or cause to be opened any such Place, Box, or Chest in the best Manner in his Power ; and if any Goods be found concealed (3) on board any such Ship they shall be forfeited ; and if the Officers shall place any Lock, Mark, or Seal upon any Goods on board, and such Lock, INIark, or Seal be wilfully opened, altered, or broken before due Delivery of such Goods, or if any of such Goods be secretly conveyed away, or if the Hatch- ways, after having been fastened down by the Officer, be opened, the Master of such Ship shall forfeit the Sum of One hundred Pounds. Commissioned XV. Provided always, and be it enacted. That If any or' Fore^"!"**' Ship (having Commission from Her Majesty or from any having Goods Foreign Prince or State) arriving as aforesaid at any Port (1) See § 150, ; also Cap. 87. § 36. (,2) See also Cap. 87. § 36. ; and as to Places of Concealment, same Act, (3) See Cap. 87. § 29. 8° & 9" Vict. REGULATION. Cap. 8G. 37 in the United Kingdom or in the Isle of Man shall have Inwards. on board any Goods laden in Parts beyond the Seas, the ~~ Captain, Master, Purser, or other Person having the sions.^"^'^' Charge of such Ship or of such Goods for that Voyage — shall, before any Part of such Goods be taken out of such °" board, Per- Ship, or when called upon so to do by any Officer of the ddiveVa'n'^^'^ Customs, deliver an Account in Writing under his Hand Account, or to the best of his Knowledge of the Quality and Quantity foi^feit looi. of every Package or Parcel of such Goods, and of the Marks and Numbers thereon, and of the Names of the respective Shippers and Consignees of the same, and shall make and subscribe a Declaration at the Foot of such Account declaring to the Truth thereof, and shall also truly answer to the Collector or Comptroller such Ques- tions concerning such Goods as shall be required of him, and on Failure thereof such Captain, Master, Purser, or other Person shall forfeit the Sum of One hundred Pounds ; and all such Ships shall be liable to such Such Ships Searches as Merchant Ships are liable to, and the Officers ^'^'^'^ ^° Search, of the Customs may freely enter and go on board all such Ships, and bring from thence on shore into the Queen's Warehouse any Goods found on board any such Siiip as aforesaid, subject nevertheless to such Regulations in respect of Ships of War belonging to Her Majesty as shall from Time to Time be directed in that respect by the Commissioners of Her Majesty's Treasury. XVI. And be it enacted. That every Importer of any Entri/. Goods shall, within Fourteen Days after the Arrival of T the Ship importing the same, make perfect Entry luAvards ^^^^^^ officlr" of such Goods, or Entry by Bill of Sight in manner herein- may land Goods after provided (1), and shall within such Time land the not entered, and same (2), and in defliult of such Entry and landing it shall SSe'lw' be lawful for the Officers of the Customs to convey such teen Days. Goods to the Queen's Warehouse ; and whenever the Cargo of any Ship shall have been discharged, with the Exception only of a small Quantity of Goods, it shall be lawful for the Officers of the Customs to convey such remaining Goods and at any Time to convey any small Packages or Parcels of Goods to the Queen's Warehouse, although such Fourteen Days shall not have expired, there to be kept waiting the due Entry thereof during the Rc- (1) See § 24. (t.') See § 60. D 3 Cup. 86. REGULATION. 8" & 9" Vict. Inwakds. malnclcr of such Fourteen Days ; and if the Duties due upon any Goods so conveyed to the Queen's Warehouse shall not be paid within Three Months after such Fourteen Days sliall liave expired, together with all Charges of Removal and Wai*ehouse Rent (1), the same shall be sold. Months, Goods ^^^ ^^^^ Producc thereof shall be applied, first to the Pay- may be sold. ment of Freight and Charges, next of Duties, and the Overplus (if any) shall be paid to the Proprietor of the Goodie. Entry. Diilirs and Cliar;res not ])aid in Three Where Goods remain on board a Vessel beyond the Time allowed by Law, the Vessel and Goods may l)e detained imtil the Exponcc of guarding the Goods is paid. Bill of Entry to be delivered. rarticulavs. XVII. And be it enacted, That whenever any Officer of the Customs shall have been kept in charge of any Goods beyond the Time allowed by Law for the same being entered and landed, it shall be lawful for such Oflicer to detain the Vessel in which such Goods shall have been imported, provided the same are remaining on board the Vessel, until the Expences so incurred shall have been paid to such Person as the Commissioners of Her Majesty's Customs shall think fit to appoint to receive the same ; and in all Cases where the Goods shall have been put out of the Vessel the Person or Persons in whose Names the same shall have been entered shall pay to the Person so appointed as aforesaid all such Expences as may have been so incurred by such Officer, and such Goods shall and may be detained until such Expences shall have been paid, and if not paid within One Month after Demand made in Writing of such Person or Persons liy any Officer of the Customs, the same shall and may be sold, and the Proceeds shall be applied, first, to the Payment of the Freight and Charges, next of the Duties, next of the Expences of such Officer, and of the Charges attending the Seizure and Sale of such Goods, and the Overplus, if any, shall be paid to the Proprietor of the Goods. XVIII. And be it enacted, That the Person entering any Goods Inwards (whether for Payment of Duty, or to be warehoused upon the first perfect Entry thereof, or for Payment of Duty upon the taking out of the Warehouse, or whether such Goods be free of Duty,) shall deliver to the Collector or Comptroller a Bill of the Entry of such Goods, fairly written, or fairly written in part and fiiirly printed in part, in Words at Length, expressing the Name of the Ship and of tlic Master of the Ship in which the Goods (1) Sce§ 151. 8^&9'^ViCT. REGULATION. Cap. 86. 39 Inwards. Entry, were imported, and of the Place from whence they were brought, and the Description and Situation of the Ware- house, if they are to be warehoused, and the Name of the Person in whose Name the Goods are to be entered, and the Quantity and Description of the Goods (1), and the Numfjer and Denomination or Description of the respec- tive Packages containing the Goods, and in the ^Margin of such Bill shall delineate tlie respective Marks and Num- bers of such Packages, and shall pay down any Duties which may be payable upon the Goods mentioned in such Entry ; and such Person shall also deliver at the same Duplicates. Time Two or more Duplicates, as the Case may require, of such Bill, in which all Sums and Numbers may be expressed in Figures ; and the Particulars to be contained in sucli Bill shall be written, or partly written and partly printed, and arranged in such Form and Manner and the Number of such Duplicates shall be such as the Collector and Comptroller shall require ; and such Bill, being duly signed by the Collector and Comptroller, and transmitted to the Landing Waiter, shall be the Warrant to him for the landinff and deliverino- of such Goods. Bill of Entry signed shall be the Warrant. XIX. And be it enacted. That every Person who shall Unauthorized make or cause to be made any such Entry Inwards of any I'ersons not to Goods, not being duly authorized thereto by the Pro- ^ake'^Entrles.** prietor or Consignee of such Goods, shall for every such Offence forfeit the Sum of One hundred Pounds : Pro- vided always, that no such Penalty shall extend or be deemed to extend to any Person acting under the Direc- tions of the several Dock Companies or other Corporate Bodies authorized by Law to pass Entries. Proviso. XX. And be it enacted. That no Entry, nor any Warrant for the landing of any Goods, or for the taking of any Goods out of any Warehouse, shall be deemed valid, unless the Particulars of the Goods and Packages in such Entry shall correspond with the Particulars of the Goods and Packages purporting to be the same in the Beport of the Ship, and in the Manifest where a Manifest is re- quired, and in the Certificate or other Document where any is required, by Avliich the Importation or Entry of such Goods is authorized, nor unless the Goods shall have been Not valid unless agreeing with Manifest, Re- port, and other Documents ; and Description ot Goods. ( 1 ) See § ■20. v> 4 40 Inwards. Entry, Goods not i)i()- jterly entered Ibrfeiled. Cap. 86. Iip:GULAT10N. 8° & 9" Vict. proi)erly described (I) in such Entry by the Denominations and with tlie Characters and Circumstances according to which such Goods are charged with Duty or may be im- ported, either to be nscd in tlic United Kingdom or to 1)0 warehoused tor Kxportation only (2), and any (ioods taken or delivered out of any Ship or out of any AVare- house, or for the Delivery of which, or for any Order for the Delivery of which, from any AVarehouse, Demand shall have been made, not having been duly entered, shall be forfeited. Goods by Num- ber, Measure, or Weight. Goods ad va- lorem. Dtclaralion of Value. Penalty on I'ei'sons not authorized. Form of Declaration. XXI. And be it enacted. That if the Goods in such Entry be charged to pay Duty according to the Number, Measure, or AVcight thereof, such Number, Measure, or AVeight shall be stated in the Entry ; and if the Goods in such Entry be charged to pay Duty according to the Value thereof, such Value shall be stated in the Entry, and shall be affirmed by the Declaration of the Importer or his known Agent written upon the Entry, and attested by his Signature ; and if the Goods in such Entry be chargeable, at the Option of the Officei's of Customs, either accordino; to the Number, Measure, or AVeio;ht thereof, or according to the Value thereof (3), then as well such Number, Measure, or AVeight, as also such Value, shall be in like Manner stated in the Entry and attested ; and if any Person make such Declaration, not being the Importer or Proprietor of such Goods, nor his Agent duly authorized by him, such Person shall forfeit the Sum of One hundred Pounds ; and such Declaration shall be made in manner and form following, and shall be binding upon the Person by or on behalf of whom the same shall be made ; (that is to say,) ' T ^.i?. of \PJace of Abode\ do hereby declare. That I ' am [the Importer, or authorized by the Imjjorter,] ' of the Goods contained in this Entry, and that I enter ' the same [stating tchich, if Part onli/,~\ at the Sum ' of ' AVitness my Hand, the Day of ' a.b: (1) Oflicers may take Samples, § 135. (2) See §§ 64, 6.5., and Cap. 88. § 22. (3) E. g. Silk Goods. See Table Inwards., Cap. 90. 8" & 9' Vict. REGULATION. Cup. 8G. 41 XXII. And be it enacted, That it' upon the Exami- Inwards. nation of any Goods for Duty it shall appear to the -; — Officers of the Customs that such Goods are not valued ^_^' according to the true Value thereof, it shall be lawful for If Goods uu- such Officers to detain and secure such Goods, and within *ler-valued Seven Days from the Day on which such Goods shall be detairthem!^ finally examined for Duty by the proper Officer, if in any Port in England, or within Ten Days from such last- mentioned Day if in any Port in Scotland, Ireland, or the Isle of Man, to take such Goods for the Use of the Crown; and if a different Rate of Duty shall be charged upon any Goods according as the Value of the same shall be described in the Entry to be above or to be below any particular Price or Sum (1), and such Goods shall be valued in the Entry so as to be liable to the lower Rate of Duty, and it shall appear to the Officers of the Customs that such Goods, by reason of their real Value, are properly liable to the higher Rate of Duty, it shall be lawful for such Officers, in like Manner, to take such Goods for the Use of the Crown (2) ; and the Commissioners of Her Valuation and Majesty's Customs shall thereupon in any of such Cases Ten per Cent, cause the Amount of such Valuation, together Avith an j°„poi?ter. Addition of Ten Pounds j'^r Centum thereon, and also the Duties paid upon such Entry, to be paid to the Importer or Proprietor of such Goods, in full Satisfaction for the same, and shall dispose of such Goods for the Benefit of the Crown ; and if the Produce of such Sale shall exceed Goods to be the Sums so paid, and all Charges incurred by the Crown, ^^\^^^. ^^c\^ one Moiety of the Overplus shall be given to the Officer crown. or Officers who had detained and taken the Goods, and the Money retained for the Benefit of the Crown shall be paid into the Hands of the Collector of the Customs, with the Knowledge of the Comptroller, and be carried to account as Duties of Customs. XXIII. And whereas it is expedient that correct Value of Goods Accounts may continue to be taken of the Value of the entered in- T p./^i I'l-Tv 1 1*1 wards to be Imports of certain Goods upon which Duty has hitherto stated in the been charged according to the Value thereof, but upon Entry, and which Goods the Duties have been repealed ; be it enacted, =J't''sted by the That upon the Entry Inwards of any such Goods the Value thereof shall be stated in the Entry, and shall be (1) E. g. Turpentine. See Cap. 90. Table (A.) (2) As to Power to restore, see § 147. -i2 Inwards. Entry. riiialty '-'0/. for a (".ilse Dccla- ratiui). Cap. 80. KKGUI.ATIOX. 8" & 9° Vict. affirmed by tlie Declaration of tlie Importer or liis known Agent written upon the Entry, and attested by his Signature ; and it' sucli Declaration be false the Person .signing tlie !?ame shall forfeit a Sum not exceeding Twenty l\>unds ; and it shall be lawful for the Landing Waiter or other Otticcr ai)pointcd to examine such Goods to call for the Invoice, liills of Parcels, and such other Documents relating thereto as he may think necessary, for ascertaining the true Value of the same. l?ill of Sislit, if Goods be not known. Importer to examine, and make perfect Kntry in Three Days ; or Goods to he taken to Queen's Warehouse ; and in One IMonth may be sold. XXIV. And be it enacted, That if the Importer of any Goods, or his Agent, after full Conference with him, shall declare before the Collector or Comi)troller that he cannot for Want of full Information make a full or perfect Entry of such Goods, and shall make and subscribe a Declaration to the Truth thereof, it shall be lawful for the Collector and Comptroller to receive an Entry by Bill of Sight for the Packages or Parcels of such Goods, by the best Description which can be given, and to grant a Warrant thereupon, in order that the same may be pro- visionally landed, and may be seen and examined by such Importer in Presence of the proper Officers; and Avithin Three Days after any Goods shall have been so landed the Importer shall make a full or perfect Entry thereof, and shall either pay down all Duties which shall be due and l^ayable upon such Goods, or shall duly warehouse the same, according to the Purport of the full or perfect Entry or Entries so made for such Goods, or for the several Parts or Sorts thereof: Provided always, that if, when full or jierfect Entry be at any Time made for any Goods pro- visionally landed as aforesaid by Bill of Sight, such Entry shall not be made in manner herein required for the due landing of Goods, such Goods shall be deemed to be Goods landed without due Entry thereof, and shall be subject to the like Forfeiture accordingly. XXV. And be it enacted, That in default of perfect Entry within such Three Days such Goods shall be taken to the Queen's Warehouse by the Officers of the Customs ; and if the Importer shall not within One Month after such landing make perfect Entry or Entries of such Goods, and pay the Duties thereon, or on such Parts as can be entered for Home Use, together with the Charges of Removal and of Warehouse Rent, such Goods shall be sold for the Pay- ment of such Duties (or for Exportation, if they be such as 4 8'^ & 9" Vict. KEGULATION. Cap. 86. 43 cannot be entered for Home Use, or shall not be worth the Duties and Charges,) and for the Payment of such Charges, and the Overplus, if any, shall be paid to the Importer or Proprietor thereof. Inwards. Entry. XXVI. And be it enacted. That in all Cases where an Where Goods Entry for landlnix or examininc; Goods for Duty shall be ^^'^ entered by made by Bill of Sight the Importer or his Agent shall, j)' o^^it ef-uaf before the same be granted, deposit with the proper Officer in Amount to of the Customs a Sum of Money sufficient in Amount to ^''^ Duties is to cover the Duties payable on the Goods intended to be ^ "^'^ ^' landed by such Bill of Sight, and shall make and subscribe a Declaration that lie has not any Reason to believe that the Duties on the Goods will amount to more than the Sum deposited. XXVII. And be it enacted. That if the Sum deposited Case In uiueh on a Bill of Sight shall not be equal in Amount to the "» ^^''\ "f t^*^ Duties payable upon all the Goods contained in any single Pa°ka"-c" shall Package landed or examined thereby, no Part shall be be delfvered delivered until a perfect Entry or Entries is or are made without perfect for the Avliole of the Goods contained in such Package. whole." XXVIII. And be it enacted. That before any Goods importer or in respect of which a Bill of Sight has been granted shall ^ge"t to en- be delivered out of the Custody of the proper Officer of the Customs, the Importer or his Agent shall endorse upon the Bill of Sight granted for landing or examining the same a particular Account thereof, to which he shall affix his Signature and Place of Abode, with the Date of making such Endorsement ; and such Endorsement upon the Bill of Sight shall, upon being duly signed by the Col- lector and Comptroller, become the perfect Entry for such Goods : Provided always, that nothing herein contained shall alter or affect any other of the Begulations required by Law in respect of Bills of Entry. XXIX. And be it enacted, Tliat where any Package Goods landed or Parcel shall have been landed by Bill of Sight, and any ^^ ^^i" "f Sigiit GoocLs or other Things shall be found in such Package or ^'•^^'^'"''•■fjy , o IT-IT concealed to be Parcel concealed m any way, or packed with intent to forfeited, deceive the Officers of Her Majesty's Customs, as well all such Goods and other Things as the Package or Parcel in which they are found, and all other Things contained in such Package or Parcel, shall Ijc forfeited. of Sight with Particulars of the Goods, and sign the same. ! 44 Cap. 86. EEGULATION. 8" & 9" Vict. Inwards. XXX. And bc it enactcd, That if any Goods which are rated to pay Duty according to the Number, Measure, or Wei<:;ht thereof, (except certain Goods liercin-after men- tioned (1),) shall receive Damage during the Voyage, an Abatement of such Duties shall be allowed in proportion to the Damage so received, provided Proof be made to the Satisfaction of the Conunissioners of Her Majesty's Cus- toms, or of any OfKcers of Customs acting therein under their Directions, that such Damage was received after the Goods were shipped abroad in the Ship importing the same, and before they were landed in the United King- When Claim to dom, and provided Claim to such Abatement of Duties be be made. jnude at the Time of the first Examination of such Goods. Entry. If Goods dain.iged on VoyauL', an Al)iitcmc'nt of Duties to 1)0 allowed. portion, or choose Two Merchar.ts to assess Damaffc Officers to e\a- XXXI. And be it enacted. That the Officers of the mine Damage, Custouis shall thcrcupou examine such Goods with refe- rence to such Damage, and may state the Proportion of Damage which in their Opinion such Goods have so received, and may make a proportionate Abatement of Duties ; but if the Officers of Customs be incompetent to estimate such Damage, or if the Importer be not satisfied with the Abatement made by them, the Collector and Comptroller shall choose Two indifferent Merchants ex- perienced in the Nature and Value of such Goods, who shall examine the same, and shall make and subscribe a Declaration, stating in what Proportion, according to their Judgment, such Goods are lessened in their Value by reason of such Damage, and thereupon the Officers of Customs may make an Abatement of the Duties according to the Proportion of Damage so declared by such Mer- chants. No Abatement for certain Goods. XXXII. Provided always, and be it enacted. That no Abatement of Duties shall be made on account of any Damage received by any of the Sorts of Goods herein-after enumerated ; (that is to say,) (2) Cantharides, Currants, Cocoa, Figs, Coculus Indicus, Guinea Grains, Coffee, Ipecacuanha, (l)Sce§3'2. (y) As to the Abandonment of the dainaj^ed Parts of Cocoa, Coffee, Pepper, Tobacco, and Lees of Wine, see Caj). 91. § 37. ; and as to Tea, see 3 & 4 W, 4. c 101. § 4. Cap. 8G. 45 Rhubarb, Inwards. Sarsaparilla, Senna, Enlrjj, Sugar, Tea, Tobacco, Wine. 8" & 9" Vict. REGULATION. Jalap, Lemons, Nux Vomica, Opium, Oranges, Pepper, Raisins, XXXIII. And be it enacted. That it shall be lawful ncturned to re-import into the United Kino-dom I'rom any Place, in Goos. Entry. Roturned Tol)acco sub- ject to Restric- tions. Cap. 86. IIEGULATIOX. 8" & 9" Vict. Customs, and on Ilei")ayment of such Bounty or such Drawback : All Goods for which Bill of Store cannot be issued in manner herein-after directed, cxccj)t small llemnants of Britisli Goods by special Permission of the Com- missioners of Iler Majesty's Customs, upon Proof to their Satisfaction that the same are British, and had not been sold. Provided also, that Tobacco re-imported by Bill of Store shall be subject to all the Restrictions imposed by Law upon Tobacco imported into the United Kingdom, and shall be liable to Forfeiture if imported contrary to such Restrictions. Bill of Stoic may be issued by Searcher. Agent to de- clare Name of his Employer. Consignee to declare who is Proprietor. Proprietor to declare to Identity, and Property unchanged ; then Entry by Bill of Store to be granted. Goods, the Property of Persons resi- XXXIV. And be it enacted. That the Person in whose Name any Goods so re-imported were entered for Exporta- tion shall deliver to the Searcher at the Port of Exportation an exact Account, signed by him, of the Particulars of such Goods, referring to the Entry and Clearance Out- wards and to the Return Inwards of the same, Avith the Marks and Number of the Packages, both Inwards and Outwards ; and thereupon the Searcher, finding that such Goods had been legally exported, shall grant a Bill of Store for the same ; and if the Person in whose Name such Goods were entered for Exportation was not the Proprietor thereof, but his Agent, he shall declare on such Bill of Store the Name of the Person by whom he Avas employed as such Agent ; and if the Person to whom such returned Goods are consigned shall not be such Pro- prietor and Exporter, he shall make and subscribe a De- claration on such Bill of Store of the Name of the Person for whose Use such Goods have been consigned to him ; and the real Proprietor, ascertained to be such, shall make and subscribe a Declaration upon such Bill of Store, to the Identity of the Goods so exported and so returned, and that he was at the Time of Exportation and of Re- impor- tation the Proprietor of such Goods, and that the same had not during such Time been sold or disposed of to any other Person ; and such Declaration shall be made before the Collectors or Comptrollers at the Ports of Exportation and of Importation respectively ; and thereupon the Col- lector or Comptroller shall admit such Goods to Entry by Bill of Store, and grant their Warrant accordingly : Pro- vided always, that where the real Proprietor of any such Goods shall be absent from the United Kingdom at the 8° & 9° Vict. REGULATION. Giap. 86. 47 Time of such Re-importation, such Goods, if legally enti- Inwards. tied to be entered by Bill of Store, shall be permitted to be so entered upon Production of a Declaration subscribed '^^' by such real Proprietor, setting forth the Identity of the dent abroad, Goods so exported and so returned, and that he was at the '"'*>' ^^ entered Time of Exportation from the United Kingdom, and will if properiy^not' be at the Time of Re-importation thereinto, the Proprietor changed. of such Goods, and that the same have not during such Time been sold or disposed of to any other Person, such Declaration to be made before a British Consul, Vice Consul, or other British Authority residing in or near the Place of Residence of such real Proprietor, and upon such further Proof of the Identity of the Goods as the Commis- sioners of Customs shall require, and upon Compliance with all the other Regulations required by Law on the Entry of Goods by Bill of Store. Surplus Stores subject as Goods ; if not exces- sive, may be entered for private Use, or be ware- housed for the Use of the Ship. XXXV. And be it enacted. That the surplus Stores (1) of every Ship arriving from Parts beyond the Seas in the United Kingdom or in the Isle of Man shall be subject to the same Duties, and the same Prohibitions, Restrictions, and Regulations as the like Sorts of Goods shall be subject to when imported by way of Merchandize ; but if it shall appear to the Collector and Comptroller that the Quantity or Description of such Stores is not excessive or unsuit- able, under all the Circumstances of the Voyage, it shall be lawful for them to permit such surplus Stores to be entered for the private Use of the Master, Purser, or Owner of such Sliip, or of any Passenger of such Ship to whom any such surplus Stores may belong, on Payment of the proper Duties, or to be warehoused (2) for the future Use of such Ship, although the same could not be legally imported by way of Merchandize. XXXVI. And be it enacted, That no Goods shall be Goods from entered as being of or from any British Possessions abroad I'ossessions (if any Benefit attach to such Distinction), except the ^ '''^ ' Territories subject to the Government of the Presidencies of Fort William in Bengal, Fort Saint George, and Bombay respectively, unless the Master of the Sliip importing the Master to de- same shall have delivered to the Collector or Comptroller liver Certificate a Certificate, under the Hand of the proper Officer of the ""^ Clearance. (1) Must be reported. See § 7, (2) See Cap. 91. §§16. 20. 48 1 NW. Entry. Cap. 86. KEGULATION. 8^ & 9° Vict. Place wliere such Goods were taken on l)oar(l, of the due Clearance (1) of such Ship from thence, containing an Account of such Goods. Power to the I^ords of the Treasury to require Cer- titicates of Pro- diiclion. Goods imported without re- quired Certifi- cates deemed Foreign ; and Foreign Goods imported from a British Pos- session deemed to be imported from a F'oreign Country. Certificate of Growtli of Sugar, Coffee, Cocoa, and Spirits. XXXVIT. And l)e it enacted, That it shall be lawful for the Counnissioners of Her Majesty's Treasury, or any Three or more of them, 1)y any Order under their Hands, to declare that a Certificate of Production shall he required upon the Exportation of any Goods from any British Pos- session abroad or other Place, or upon the Importation of such Goods into the United Kingdom, and to frame such Regulations respecting such Certificates as they may think fit ; and if any Goods in respect of which such a Certificate shall have been so required, or in respect of which a Cer- tificate of Production, or any such Certificate of Clearance as aforesaid, shall be required by any Law for the Time being in force, shall be imported into the United Kingdom without such Certificates respectively, the same shall be deemed and taken to be of Foreign Growth, Produce, or Manufacture ; and all Goods so deemed and taken to be of Foreign Growth, Produce, or Manufacture, and all other Goods whatsoever of the Growth, Produce, or Ma- nufacture of Foreign Comitries, which shall henceforth be imported into the United Kingdom from any British Possession abroad, shall be deemed and taken, so far as respects Liability to Duties, to have been imported from a Foreign Country : Provided always, that all Orders of the Commissioners of Her Majesty's Treasury made in pursuance hereof shall be duly published in the London and Dublin Gazettes Three Times at least within Tliree Months from the Date of such Orders respectively. XXXVIII. And be it enacted. That before any Sugar, Coffee, Cocoa, or Spirits shall be entered as being of the Produce of some British Possession in America, or the Island of Mauritius, the Master of the Ship importing the same shall deliver to the Collector or Comptroller a Certificate, under the Hand of the proper Officer of the Place where such Goods were taken on board, testifying that Proof had been made in manner required by Law (2) (1) See Cap. 93. § '22. (2) See Cap. 93. § 41. See also same Act, § 8. as to sucli Articles imported from Colonies into which tlie like Articles of Foreign Production are not ])rohiI)itcd to l)c imported. 8" & 9'' Vict. REGULATION. Cap. 86. 49 that such Goods are of the Produce of some Britislt Pos- session in Ainerica or of the Island of Mauritius, stating the Name of the Place where such Goods were produced, and the Quantity and Quality of the Goods, and the Number and Denomination of the Packages containing the same, and the Name of the Ship in which they are laden, and of the Master thereof; and such Master shall also make and subscribe a Declaration before the Collector or Comptroller, that such Certificate was received by him at the Place where such Goods were taken on l)oard, and that the Goods so imported are the same as are mentioned therein. Inwards. Entry. Master to declare to Certificate. XXXIX. And be it enacted. That before any Sugar shall be entered as being the Produce of any British Pos- session within the Limits of the £ast India Company's Charter the Master of the Ship importing the same shall deliver to the Collector or Comptroller a Certificate (1) under the Hand and Seal of the proper Officer at the Place where such Sugar was taken on board, testifying that a Declaration in Writing, the Contents of which he believed to be true, had been made and signed before him by the Shipper of such Sugar, that the same was really and honafide the Produce of such British Possession ; and such blaster shall also make and subscribe a Declaration before the Collector or Comptroller, that such Certificate was received by him at the Place where such Sugar was taken on board, and that the Sugar so imported is the same as is mentioned therein. Certificate of Produce of Sugar from Limits of East India Com- pany's Charter. Master to declare to Certificate. XL. And be it enacted. That if any Sugar the Produce East India of any British Possession within the Limits of the East Sugar ware- India Company's Charter shall have been imported into caTTof^^Good the Cape of Good Hope from the Place of its Production, Hope, and im accompanied by such a Certificate of Origin as would be ported from sufficient for its Admission in the United Kingdom at ^''''"^^• the Rate of Duty payable upon such Sugar if imported direct from the Place of its Production, and shall have been warehoused at the Cape of Good Hope under the Regulations there in force for the warehousing of Goods, and shall have been exported from such Warehouse accom- panied by a Certificate from the proper Officer of the Customs at the Cape of Good Hope, setting forth the (1) See Cap. 93. E §91. 50 In WARDS. Entry. Cap. 86. KEGULATION. 8° & 9° Vict. Particulars of the Importation, and of the warehousing, and of the Exportation of the same, and also setting forth the Substance of the Certificate of Origin before men- tioned, and if on the Arrival in the United Kingdom of the Ship importing such Sugar the Master of such Ship shall deliver to the Collector or Comptroller at the Port of Importation such Certificate from the Oflncer of the Customs at the Cape of Good Hope, and shall make and subscribe a Declaration before such Collector or Comp- troller that such Certificate was received by him at the Cape of Good Hope, and that the Sugar so imported is the same as Is mentioned therein, then such Sugar shall be admitted at such Port of Importation in the United King- dom at the same Rate of Duty as would be payable if the same had been imported direct from the Place of its Production. Certificate of "Wine, Produce of Cape of Good Hope; Master to declare to Certificate. Goods of Guernsey, Jersey, &c. Duty-free ; XLI. And be it enacted, That before any Wine shall be entered as being the Produce of the Cape of Good Hope the Master of the Ship Importing the same shall deliver to the Collector or Comptroller a Certificate under the Hand of the proper Officer at the Cape of Good Hope, testifying that Proof had been made In manner required by Law (1) that such Wine Is of the Produce of the Cape of Good Hope or the Dependencies thereof, stating the Quantity and Sort of such Wine, and the Number and Denomination of the Packages containing the same ; and such Master shall also make and subscribe a Declaration before the Collector or Comptroller, that such Certificate was received by him at the Cape of Good Hope, and that the Wine so Imported Is the same as Is mentioned therein. XLII. And be It enacted, That any Goods of the Growth of the Islands of Guernsey, Jersey, Alderney, Sark, or Man, and any Goods manufactured In the said Islands from Materials of the Growth of the said Islands, or from Materials not subject to Duty in the United Kingdom, or from Materials upon which the Duty has been paid In the United Kingdom, and upon which no Drawback has subsequently been granted, and any Manu- factures of Linen or Cotton made in and Imported from the Isle of Man, may be imported into the United King- dom from the said Islands respectively, without Payment (1) See Cap. 93. § 93. 8° & 9" Vict. KEGULATION. Cap. 86. 51 of any Duty ; and that such Goods shall not be deemed Inwards. to be included in any Charge of Duties imposed by any ~ — Act hereafter to be made on the Importation of Goods 11^' generally from Parts beyond the Seas : Provided always, with Excep- that such Goods may nevertheless be charged with any tions. Proportion of such Duties as shall fairly countervail any Duties of Excise (1), or any Coast Duty, payable on the like Goods the Produce of the Part of the United King- dom into which they shall be imported, or payable upon any of the Materials from which such Goods are manu- factured; provided also, that all Goods manufactured in any of the said Islands from any other Materials than the Materials aforesaid, except Manufactures of Linen and Cotton made in and imported from the Isle of Man as aforesaid, shall be deemed and taken to be Foreign Goods. XLIII. And be it enacted. That before any Goods Master to de- shall be entered as being the Produce of the said Islands ^'^p ^^'ificate (if any Benefit attach to such Distinction) the Master of declare to the Ship or Vessel importing the same shall deliver to the Certificate. Collector or Comptroller a Certificate from the Governor, Lieutenant Governor, or Commander in Chief of the Island from whence such Goods were imported, that Proof had been made, in manner required by Law (2), that such Goods were of the Produce of such Island, stating the Quantity and Quality of the Goods, and the Number and Denomination of the Packages containing the same ; and such Master shall also make and subscribe a Declaration before the Collector or Comptroller, that such Certificate was received by him at the Place where such Goods were taken on board, and that the Goods so imported are the same as are mentioned therein. XLIV. And be it enacted. That it shaU be lawful for Treasury may the Commissioners of Her Majesty's Treasury, when and Pf''™'* Produce 1 ,1 111 n, • /-til of Colonial so long as they shall see nt, to permit any Goods the Fisheries to be Produce of the British Possessions or Fisheries in North imported from America, which shall have been legally imported into the Guernsey. Islands of Guernsey or Jersey direct from such Possessions, to be imported into the United Kingdom for Home Use ( 1 ) As to Duties of Excise upon Channel Islands Spirits, see 8 & 9 Vict. c, 65. § 1. (2) See Cap. 93. § 94. ; and as to Isle of Man, see Cap. 94. § 23. E 2 52 Cap. 86. REGULATION. 8" & 9° Vict. Inwards. Entry. Vessels with Stone from Guernsey, &c. not to be piloted. Fisli, Britisli taking and curing, and Lobsters, free of Duty on Importation. Declaration of Master. Certificate of Blubber, Train Oil, &c. Britisli Colonial taking. direct from tliose Islands, under such Regulations as the said Commissioners shall direct, any thing in the Law of Navigation to the contrary notwithstanding. (1) XLV. And be it enacted, That no Vessel arriving on the Qo'A^i o^ Enyland from Guernsey, Jersey, Alderney, Sark, or Man, wholly laden with Stone the Production thereof, shall be liable to be conducted or piloted by Pilots appointed and licensed by the Corporation of the Trinity House of Deptford Strand, any Law, Custom, or Usage to the contrary notwithstanding. XL VI. And be it enacted. That fresh Fish of every Kind, of British taking and imported in B?'itish Ships, and fresh Lobsters, however taken or in whatever Ship im- ported, and cured Fish of every Kind, of British taking and curing, imported in British Ships, shall be imported free of all Duties, and shall not be deemed to be included in any Charge of Duty miposed by any Act hereafter to be made on the Importation of Goods generally : Provided always, that before any cured Fish shall be entered free of Duty, as being of such taking and curing, the Master of the Ship importing the same shall make and subscribe a Declaration before the Collector or Comptroller that such Fish was actually caught and taken in British Ships, and cured by the Crews of such Ships, or by Her Majesty's Subjects. XL VI I. And be it enacted. That before any Blubber, Train Oil, Spermaceti, Oil, Head Matter, or Whale Fins shall be entered as being the Produce of Fish or Creatures living in the Sea, taken and caught wholly by Her Majesty's Subjects usually residing in some Part of Her Majesty's Dominions, and imported from some British Possession, the Master of the Ship importing the same shall deliver to the Collector or Comptroller a Certificate under the Hand of the proper Officer of such British Possession where such Goods were taken on board, (or if no such Officer be residing there, then a Certificate under the Hands of Two principal Inhabitants at the Place of Shipment,) notifying that a Declaration had been made before him or them by the Shipper of such Goods, that the same were the Produce of Fish or Creatures livino; in (1) See Cap. 88. § 3. 8° & 9° Vict. REGULATION. Cap. 86. 53 the Sea taken wholly by British Vessels owned and navi- Inwards. gated accordino; to Law ; and such Master shall also make Entry. and subscribe a Declaration before the Collector or Comp- troller that such Certificate was received by him at the Declaration of Place where such Goods were taken on board, and that Master and the Goods so imported are the same as mentioned therein ; "P^"^*^""- and the Lnporter of such Goods shall also make and subscribe a Declaration before the Collector or Comptroller, at the Time of Entry, tliat to the best of his Knowledge and Belief the same were the Produce of Fish or Creatures living in the Sea taken wholly by British Vessels in manner aforesaid. Master and Importer to make Declara- tion of the XL VIII. And be it enacted. That before any Blubber, Before Entry Train Oil, Spermaceti Oil, Head Matter, or Whale Fins, ^f BS^'fish- imported direct from the Fishery shall be entered as being the Produce of Fish or Creatures living in the Sea taken and caught wholly by the Crews of British Ships cleared out from the United Kingdom, or from any British Pos- session, the Master of such Ship importing such Goods shall make and subscribe a Declaration, and the Importer of such Goods (to the best of his Knowledge and Belief) shall make and subscribe a Declaration, that the same are the Produce of Fish or Creatures living in the Sea taken and caught wholly by the Crew of such Ship, or by the Crew of some other British Ship (naming the Ship) cleared out from the United Kingdom or from any British' Posses- sion (stating which of such Possessions). XLIX. And be It enacted, That no Goods shall be Importation deemed to be imported from any particular Place unless <^'rect. they be imported direct from such Place, and shall have been there laden on board the importing Ship, either as the first Shipment of such Goods, or after the same shall have been actually landed at such Place. L. And be it enacted, That all Goods, Wares, and Goods the Pro- Merchandize the Property of the Crown shall, in case of Pf '^ °^ *'f ^ thrown sold Hit^r the Sale thereof after Importation into the United King- importation dom, be liable to and be charged with such and the same charged with Duties of Customs as may be by Law payable or charged l^"*^y' on the like Goods, Wares, and Merchandize not being the Property of the Crown. E o 54 Inwards. Derelict and wrecked Goods. Foreign Goods derelict, &c. ;inJ Droits of Ad- miralty, to be subject to same Duties as on Importation. Cap. 86. REGULATION. 8° & 9" Vict. An Abatement of Duty to be made in respect of certain wrecked Goods damaged ; but no such Abate- ment to be made in respect of the Goods herein stated. LI. And be it enacted, That all Foreign Goods, derelict, jetsam, flotsam (1), and wreck, brought or coming into the United Kingdom or into the Isle of Man, and all Droits of Admiralty sold in the United Kingdom, shall at all Times be subject to the same Duties as Goods of the like Kind imported into the United Kingdom or the Isle of Man respectively are subject to : Provided always, that if, for ascertaining the proper Amount of Duty so payable, any Question shall arise as to the Origin of any such Goods, the same shall be deemed to be of the Growth, Produce, or Manufacture of such Country or Place as the Commis- sioners of Her Majesty's Customs shall, upon Investigation by them, determine. LII. And be it enacted. That it shall be lawful for the Commissioners of Her Majesty's Customs, or for the Officers of Customs acting under their Directions, to inquire into and receive Proof of the Extent to which any such Goods may have been damaged, and to make such Abatement of the Duties payable thereon as to them shall appear to bear a just Proportion to the Damage so ascer- tained : Provided always, that no such Abatement shall be made in respect of any of the Goods following ; (that is to say,) Persons having such Goods in possession, without giving Notice, &c. liable to a Penalty of 100/. Cantharides, Cocoa, Coculus Indicus, Coffee, Currants, Figs, Guinea Grains, Ipecacuanha, Jalap, Lemons, Nux Vomica, Opium, Oranges, Pepper, Raisins, Rhubarb, Sarsaparilla, Senna, Spirits, Sugar, Tea, Tobacco, and Wine. LIII. And be it enacted. That if any Person shall have Possession of any Foreign Goods, derelict, jetsam, flotsam, or wreck, either on Land or within any Port in the United Kingdom, and shall not give Notice thereof to the proper Officer of the Customs within Twenty-four Hours after (1) Spirits in small Casks floating at Sea may not be taken up except by Officers. See Cap. 87. § 78. 8° & 9° Vict. REGULATION. Cap. 86. 55 Derelict and wrecked Goods. Lord of Manor or Salvor may retain such Goods on giving Bond for Pay- ment of Duties. such Possession, or shall not on demand pay the Duties due Inwards. thereon, or deliver the same into the Custody of the pro- per Officer of the Customs, such Person shall forfeit the Sum of One hundred Pounds ; and if any Person shall remove or alter in Quantity or Quality any such Goods, or shall open or alter any Package containing any such Goods, or shall cause any such Act to be done, or assist therein, be- fore such Goods shall be deposited in a Warehouse in the Custody of an Officer of the Customs, every such Person shall forfeit the Sum of One hundred Pounds; and in default of the Payment of the Duties on such Goods within Eigh- teen Months from the Time when the same were so depo- sited, the same may be sold in like Manner and for the like Purposes as Goods imported may in such Default be sold : Provided always, that any Lord of the Manor having by Law just Claim to such Goods, or if there be no such Lord of the Manor, then the Person having Possession of the same, shall be at liberty to retain the same in his own Custody, giving Bond, with Two sufficient Sureties, to be approved by the proper Officer of the Customs, in Treble the Value of such Goods, for the Payment of the Duties thereon at the End of One Year and One Day, or to deli- ver such Goods to the proper Officer of the Customs in the same State and Condition as the same were in at the Time of taking possession thereof. LIV. And whereas such Goods, if not claimed by the Owner within the Period limited by Law, belong of right to Her Majesty in Her Office of Admiralty, but by reason of the Smallness of their Value would, if prosecuted to Condemnation in the High Court of Admiralty in £^nr/- land and Ireland respectively, be wholly unj)roductive ; be it therefore enacted. That whenever any such Goods, whether picked up at Sea or on the Shore within the Flow of the Sea, shall be reported to the Officers of the Customs, Notice thereof shall be forthwith given by them, if in Great Britain or the Isle of Man, to the Keceiver General of Droits of Admiralty, and if in Ireland to the Queen's Proctor of Admiralty ; and all such Goods shall be placed at their Disposal respectively, as the Case may be, subject, however, to the Payment of the Duties with which they shall be respectively chargeable ; and in case in case of satis- the rightful Owner thereof shall prove his Claim thereto factory Claim, to the Satisfaction of the said Receiver General or Queen's Proctor, as the Case may be, within the Period of Twelve E 4 Goods reported to Customs as jetsam, &c., and not claimed within Twelve Months, to be deemed con- demned as Droits of Ad- miralty. 5G Cap. 86. REGULATION. 8° & 9'^ Vict. Inwards. Derelict and wrecked Goods, Particular Regidations. Goods under Excise Permit Kegulations. Calendar Months from the Day on which they shall be so reported, such Goods shall be restored to the Owner on Payment of the Duties and necessary Charges attending the Care of the same, and a reasonable Compensation to the Amount of One Third of the net Value (after abating the Duties and Charges aforesaid) to the Salvors thereof; but if no such Claim shall be established witliin the Period aforesaid, then such Goods shall be deemed and taken to be condemned to Her Majesty as Di-oits of Admiralty, and may be sold by the said lieceiver General or Queen's Proctor, Avithout any Process from the High Courts of Admiralty respectively, and the net Proceeds thereof, after Payment of Duties, Salvage, and other Charges as aforesaid, shall be disposed of by them respectively, and carried to the Credit of the Consolidated Fund, in like Manner as Droits of Admiralty are by an Act passed in the First Year of the Reign of His late Majesty King William the Fourth, for the Support of His Majesty's Household, and the Honour and Dignity of the Crown, directed to be applied, any thing in any Act or Acts con- tained, or any Law, Statute, or Usage, to the contrary thereof notwithstandino;. LV. And whereas it may be expedient to subject some Sorts of Goods imported into the United Kingdom to cer- tain internal Regulations and Restraints after the full Duties of Customs have been paid thereon, and to place such Regulations and Restraints under the Management of the Commissioners of Excise ; be it therefore enacted. That no Goods which are subject to any Regulations of Excise shall be taken or delivered out of the Charge of the Officers of Customs (although the same may have been duly entered with them, and the full Duties due thereon may have been paid,) until such Goods shall also have been duly entered with the Officers of Excise, and Permit, where such Permit is by Law required, granted by them for Delivery of the same, nor unless such Permit shall correspond in all Particulars with the Warrant of the Officers of the Customs : Provided always, that such Entry shall not be received by the Officers of the Excise, nor such Permit granted by them, until a Certificate shall have been produced to them of the Particulars of the Goods, and of the Warrant (1) for the same, under the Hand of (1) See Warrant, § 18. 8 ' & 9° Vict. KEGULATION. Cap. 86. 57 Particular Begulations. Officers of Ex- the Officers of the Customs, who shall have the Charge of Inwards. the Goods : Provided also, that if upon any Occasion it shall appear necessary it shall be lawful for the proper Officers of Excise to attend the Delivery of such Goods by the Officers of the Customs, and to require that such Goods shall be delivered only in their Presence ; and it u^eli^e/y! shall be lawful for such Officers of Excise to count, mea- sure, gauge, or weigh any such Goods, and fully to examine the same, and to proceed in all respects relating to such Goods in such Manner as they shall be authorized or required by any Act for the Time being in force relatino- to the Excise. LVI. And whereas by the Laws now in force certain Commissioners Articles subject to an Inland Duty of Excise are required «|' Customs may •^ *' -*■ Gir6ct C6rt0in to be stamped, to denote the Payment of such Duty ; and Goods to be to prevent Fraud in the Evasion of such Duty it is cxpe- stamped, dicnt that Foreign Articles of a similar Description, when imported into the United Kingdom, should be stamped with such Mark or Stamp as the Commissioners of Her Majesty's Customs may deem necessary, in order to dis- tinguish the Foreign from the British Article ; be it therefore enacted, That it shall and may be lawful for the Commissioners of Her Majesty's Customs, and they are hereby authorized, after any Goods have been entered at the Custom House, and before the same shall be dis- charged by the Officers, and delivered into the Custody of the Importer or his Agent, to mark or stamp such Goods in such Manner and Form as they may deem fit and proper for the Security of the Revenue, and by such Officer as they shall direct and appoint for that Purpose. LVII. And be it enacted. That every Order made by Orders for the said Commissioners of Her Majesty's Customs in stamping Goods respect of marking or stamping any Goods shall be to l^e published, published in the London Gazette and Dublin Gazette. LVIII. And be it enacted. That if any Person or Penalty on Persons shall at any Time forg-e or counterfeit any Mai-k Urging such or Stamp to resemble any Mark or Stamp which shall be '*"P^' provided and used for the Purposes of this Act, or shall forge or counterfeit the Impression of any such Mark or Stamp, or shall sell or expose to Sale, or have in his, her, or their Custody or Possession, any Goods with a counter- feit Mark or Stamp, knowing the same to be coiuiterfeit, 7 58 Cap. 86. ilEGULATION. 8 ' & 9° Vict. Inwards. Particular Regulations. Times and Places for land- ins: Goods. or shall use or affix any such Mark or Stamp to any other Goods required to be stamped as aforesaid other than that to which the same was originally affixed, all and every such Offender or Offenders, and his, her, or their Aiders, Abettors, and Assistants, shall for every such Offence forfeit and pay the Sum of Two hundred Pounds. LIX. And be it enacted. That no Goods whatever (except Diamonds, Bullion, fresh Fish of British taking and imported in British Ships, and Lobsters (1), shall be unsliipped from any Ship arriving from Parts beyond the Seas, or landed or put on shore, but only on Days not being Sundays or Holidays (2), and in the Daytime, (that is to say,) from the First Day of September until the last Day of March between Sun-rising and Sun-setting, and from the last Day of March to the First Day of September between the Hours of Seven of the Clock in the Morning and Four of the Clock in the Afternoon ; nor shall any Goods, except as aforesaid, be so unshipped or landed unless in the Presence or with the Authority of the proper Officer of the Customs ; and such Goods, except as aforesaid, shall be landed at one of the legal Quays (3) appointed for the landing of Goods, or at some Wharf, Quay, or Place ap- pointed by the Commissioners of Her Majesty's Customs for the landing of Goods by Sufferance (4) ; and that no Goods, except as aforesaid, after having been unshipped, shall be transhipped, or after having been put into any Boat or Craft to be landed shall be removed into any other Boat or Craft previously to their being duly landed, without the Permission or Authority of the proper Officer of the Customs. (5) Goods to be inshipped, &c. t the Expence f Importer. LX. And be it enacted. That the unshipping, carrying, and landiufi of all Goods, and the brino-ino: of the same to the proper Place after landing, for Examination or for weighing, and the putting the same into the Scales, and the taking of the same out of and from the Scales after weighing, shall be performed by or at the Expence of the Importer. (1) See § 2. (2) See Cap. 85. § 13. (3) See § 153. (4/ See § 155. (5) Goods are not to be unshipped from the importing Vessel or carticd to the Quay contrary to the Regulations of the Commissioners of Customs, §13. 8" & 9'^ Vict. REGULATION. Cap. 86. LXI. And be it enacted, That the Times, Places, and Manner of landing Foreign Fish imported into the United Kingdom, and of reporting and entering the same, and of paying the Duties due thereon, shall be subject to such Regulations and Directions as the Commissioners of Her Majesty's Customs shall from Time to Time make respect- ing the same ; and that all Foreign Fish unladen from any Vessel contrary to any such Regulations and Directions shall be forfeited. 59 Inwards. Particular' Regulations. Foreign Fish to be landed and entered under the Directions of the Commis- sioners of Cus- toms. toms to mea- sure it. LXII. And be it enacted. That the Importer or Person Timber to be entering Timber or Wood to be charged with Duty by P!^^'^ *' **'^ Measurement shall, at his Expence, sort, pile, frame, or importer, so as otherwise place the same in such Manner as the Commis- to enable the sioners of Her Majesty's Customs may deem necessary to Officer of Cus- enable the OiBcers to measure and take a true and correct Account thereof; and that in all such Cases, when the same is measured in Bulk, the Measurement shall be taken to the full Extent of the Pile, and that no Allowance shall be made by the Officers on account of the Interstices arising out of such Process of sorting, piling, framing, or placing : Provided always, that all Battens, Boards, Deals, and Planks, exceeding Twenty-one Feet in Length, may be measured by the Piece, and the Account thereof taken separately. LXIII. And be it enacted. That the several Sorts of Prohibitions and Goods enumerated or described in the Table following, Restrictions. denominated " A Table of Prohibitions and Restrictions prohibuions Inwards," shall either be absolutely prohibited to be im- and Restric- ported into the United Kingdom, or shall be imported tlons, absolute only under the Restrictions mentioned in such Table, o"" """ ' ^ • according as the several Sorts of such Goods are respec- tively set forth therein; (that is to say,) (1) A TABLE OF PROHIBITIONS AND RESTRICTIONS INWARDS. A List of Goods absolutely prohibited to be IMPORTED. Arms, Ammunition, and Utensils of War, by way of Merchandize, except by Licence from Her Majesty, for furnishing Her Majesty's public Stores only. (1) See §§ 64, 65. as to warehousing prohibited Goods, See also the Navigation Act, Cap. 88., as to other Prohibitions and Restrictions. 60 Cap. 86. REGULATION. 8° & 9° Vict. Inwauds. Articles of Foreign Manufacture, and any Packages of T, 1 Z~~ r such Articles, bearino; any Names, Brands, or Marks Prohibitions and . ' , ,itvt ti i uri d Restrictions. ])urportnig to be the JNaraes, Brands, or Marks oi — Manufacturers resident in the United Kingdom. Books, wherein the Copyright shall be subsisting, first composed or written or printed in the United King- dom, and printed or reprinted in any other Country, as to which the Proprietor of such Copyright or his Agent shall have given to the Commissioners of Customs a Notice in Writing that such Copyright subsists, such Notice also stating Avhen such Copy- right will expire. (1) Paper printed on in the English Language. Clocks and Watches of any Metal impressed with any Mark or Stamp appearing to be or to represent any legal British Assay Mark or Stamp, or purporting by any ISIark or Appearance to be of the Manufacture of the United Kingdom, not having the Name and Place of Abode of some Foreign Maker abroad visible and permanently engraved on the Frame and also on the Face, or not being in a complete State, Avith all the Parts properly fixed in the Case. Coin ; viz. False Money or counterfeit Sterling. Silver, of the Reahn, or any Money purporting to be such, not being of the established Standard in Weight or Fineness. Goods from the Isle of Maji, except such as be of the Growth, Produce, or Manufacture thereof, or of the United Kingdom, and except Corn, Grain, Meal, or Flour. GunpoAvder, except by Licence from Her Majesty, such Licence to be granted for furnishing Her Majesty's Stores only. Malt. Snuff-work. Spirits from the Isle of Man. Tobacco Stalks stripped from the Leaf, whether manufac- tured or not. Tobacco Stalk Flour. (1) Sec § I'H. 8" & 9'' Vict. REGULATION. Cap. 86. List of Goods subject to certain Restrictions on iMrORTATION. Fish of Foreign taking, and all Train Oil, Blubber, Sper- maceti Oil, Head Matter, Skins, Bones, and Fins, the Produce of Fish or Creatures living in the Sea, except Anchovies, Eels, Turbots, and Lobsters, unless in Vessels which shall have been cleared out regularly with such Fish on board from some Foreign Port. Goods of Places Avithin the Limits of the East India Com- pany's Charter, unless into Ports approved of by the Lords of the Treasury, and declared by Order in Council to be fit and proper for such Liiportation. Gloves of Leather, unless in Ships of Sixty Tons Burden or upwards, and in Packages each containing One hundred Dozen Pairs of such Gloves at least. Hides, Skins, Horns, or Hoofs, or any other Part of Cat- tle or Beast, Her INIajesty may by Order in Council prohibit, in order to prevent any contagious Distemper. Parts of Articles ; viz. Any distinct or separate Part of any Article not accompanied by the other Part or all the other Parts of such Article, so as to be complete and perfect, if such Article be subject to Duty according to the Value thereof. Silk ; viz. Manufactures of Silk, being the Manufactures of Europe, unless into the Ports of London, Liverpool, Hull, or Southampton, or Ports appointed by the Commissioners of Her Majesty's Treasury, or into the Port of Dublin direct from Bourdeaux, or into the Port of Dover direct from Calais or Boulogne, and unless in Ships of Sixty Tons Burden or upwards. Spirits, not being perfumed or medicinal Spirits, unless in Ships of Sixty Tons Burden at least. also unless in Casks or other Vessels capable of con- taining Liquids, each of such Casks or other Vessels being of the Size or Content of Twenty Gallons at the least, or in Glass Bottles or Stone Bottles not exceeding the Size of Quart Bottles, and being really Part of the Cargo of the Ship in Avhich the same are imported, and included in the Manifest or other Papers enumerating or descriptive of the Cargo thereof. (1) 61 Inwards. Prohibitions and Restrictions. (1) Sec Cap. 87. §§ 2, 3. Restrictions. 62 Cap. 86. REGULATION. 8" & 9° Vict. Inwards. Tea, unlcss froui the Cape of Good Hope, or from Places Eastward of the same to the Straits of Magellan. Prohibitions and rrt i i q ir • r>._...„<,-„„- lobacco and fcinuii ; viz. — — unless in Ships of One hundred and twenty Tons Burden or upwards. ■ also unless in Hogsheads, Casks, Chests, or Cases containing Three hundred Pounds Weight of Tobacco or SnufF each at least, not being separated or divided in any Manner within the Cask or Package ; except that Tobacco of the Dominions of the Turkish Empire may be packed in inward Bags or Packages, or sepa- rated or divided in any Manner, provided the outward Package be a Hogshead, Cask, Chest, or Case con- taining at least Three hundred Pounds net Weight of Tobacco. (1) Tobacco and SnufF from the East Indies, unless in Hogsheads, Casks, Chests, or Cases, each of which shall contain at least One hundred Pounds net Weight of Tobacco or SnufF. Cigars, unless in Packages containing One hundred Pounds Weight of Cigars at least. — — Tobacco the Produce of Mexico, or the Produce of South America or the Islands of Saint Domingo or Cuba, imported direct from those Places respectively, or from the Warehouse in Jamaica, or some other British Possession in America, unless in Packages each containing at least Eighty Pounds net Weight of such Tobacco. Negrohead Tobacco the Produce of and imported from the United States of America in Packages each containing at least One hundred and fifty Pounds net Weight of such Tobacco. and unless into the Ports of London, Liverpool, Bris~ tol, Lancaster, Cowes, Falmouth, Whitehaven, Hull Port Glasgow, Greenock, Glasgow, Aberdeen, Leith, Newcastle-upon- Tyne, Plymouth, Belfast, Cork, Drog- heda, Dublin, Galway, Limerick, Londonderry, Newry, Sligo, Waterford, and Wexford (i)', or into some other Port or Ports which may hereafter be appointed for such Purpose by the Commissioners of Her Majesty's Treasury ; (1) See Cap. 87. §§ 2, 3. (2) As to Removal for the Use of the Navy, see §§ 107, 108, 109. See also Cap. 91. § 25. 8" & 9° Vict. REGULATION. Cap. 86. 63 such Appointments in Great Britain being Inwards. published in the London Gazette, and such „ ,...,. A • •TTTi- ivij'i Prohibitions an Appointment m Ireland bemg pubushed m the Restrictions. Dublin Gazette ; — but any Ship wholly laden with Tobacco may come into the Ports of Cowes or Falmouth to wait for Orders, and there remain Fourteen Days, provided due Report of such Ship be made by the Master with the Collector or Comptroller of such Port. And if any Goods shall be imported or brought into the Forfeiture. United Kingdom contrary to any of the Prohibitions or Restrictions mentioned in such Table in respect of such Goods, the same shall be forfeited. (1) LXIV. Provided always, and be it enacted, That any But Goods maj Goods, of whatsoever Sort, may be imported into the United ^e warehoused Kingdom to be warehoused under the Regulations of any ^^^y, aUhough Act in force for the Time being for the warehousing of prohibited. Goods (2), without Payment of Duty at the Time of the first Entry thereof, or notwithstanding that such Goods may be prohibited to be imported into the United King- dom to be used therein, except the several Sorts of Goods enumerated or described in manner following ; (that is to say,) Goods prohibited on account of the Package in which Exceptions, they are contained, or the Tonnage of the Ship in which they are laden ; Arms, Ammunition, or Utensils of War ; Gunpowder ; infected Hides, Horns, Hoofs, Skins, or any other Part of any Cattle or Beast ; counterfeit Coin or Tokens ; Books, wherein the Copyright will be subsisting, first composed or written or printed in the United King- dom, and printed or reprinted in any other Country, as to which the Proprietor of such Copyright or his Agent shall have given to the Commissioners of Her Majesty's Cus- toms a Notice in Writing that such Copyright subsists, such Notice also stating when such Copyright will expire ; Copies of Prints first engraved, etched, drawn, or designed in the United Kingdom ; Copies of Casts of Sculptures or Models first made in the United Kingdom; Clocks or Watches, being such as are prohibited to be imported for Home Use. (3) (1) See § 146. See also Cap. 87. § 33. (2) Viz. Cap. 91. (s) See foregoing Table. 64 Inwards. Prohibitions and Restrictions. Certain Goods to be entered to be ware- lioused for Ex- portation only. Cap. 86. IIEGULATION. 8« & 9° Vict. LXV. And be it enacted, That if by reason of the Sort of any Goods, or of tlie Place from wlience or the Country or Navigation of the Ship in which any Goods have been imported, tlicy be such or be so imported as tliat they may not be used in the United Kingdom, they shall not be entered except to be warehoused, and it shall be declared upon the Entry of such Goods that they are entered to be warehoused for Exportation only. (1) OaXWARDS. Geyieral Provision. Goods not to be shipped till Entry of Ship and Entry of Goods and Cocket granted, nor till cleared ; nor Stores with- out Victualling Bill. Proper Times and Places and Officers. Forfeiture. Ships to be cleared, or LXVI. And whereas it is expedient that the Officers of Customs should have full Cognizance of all Ships departing from any Port or Place in the United Kingdom or in the Isle of Man for Parts beyond the Seas, and of all Goods taken out of the United Kingdom or out of the Isle of Man ; and it is therefore necessary to make Regu- lations for the entering and clearing Outwards of all such Ships, and for the entering, clearing, and shipping of all such Goods ; be it therefore enacted. That no Goods shall be shipped, or waterborne to be shipped, on board any Ship in any Port or Place in the United Kingdom or in the Isle of Man, to be carried to Parts beyond the Seas, before due Entry Outwards of such Ship (2) and due Entry of such Goods (3) shall have been made, and Cocket granted (4), nor before such Goods shall have been duly cleared for Shipment in manner herein-after directed (5) ; and that no Stores shall be shipped for the Use of any such Ship bound to Parts beyond the Seas, nor shall any Goods be deemed or admitted to be such Stores, except such as shall be borne upon the Victualling Bill (6) duly granted for such Ship; and that no Goods shall be so shipped, or waterborne to be so shipped, except at such Times and Places (7), and in such Manner, and by such Persons, and under the Care of such Officers (8), as is and are herein-after directed ; and all Goods and Stores which shall be shipped, or be waterborne to be shipped, contrary hereto, shall be forfeited. (9) LXVII. And be it enacted. That no Ship on board of which any Goods or Stores shall have been shipped in any (1) See §§ 63, 64. See also Cap. 88. § 22. (3) See § 70. (4) See § 70. (6) See §68. (7) See § 110. (9) See § 69. for Penalty on Master. (2) See § 69. ( 5) See § 78, (8) See §§ 102. 110. 8" & 9' Vict. REGULATION. Cap. 86. 65 Port in the United Kingdom or in the hie of Man for Parts beyond the'Seas shall depart from such Port until such Ship shall have been duly cleared Outwards for her intended Voyage in manner herein-after directed ( 1 j, under Forfeiture of the Sum of One hundred Pounds by the Master to for- _ _^_ , * i*.^:* ^ r\f\1 Master of such Ship. Out General Provision. fcit 100/. LXVIII. And be it enacted. That the Master of every Victualling cm Ship which is to depart from any Port in the United Kingdom or in the Isle of 3Ian for Parts beyond the Seas shall, upon due Application made by him, receive from the Searcher a Victualling Bill for the Shipment of such Stores as he shall require, and as shall be allowed by the Collector and Comptroller, for the Use of such Ship, according to the Voyage upon which she is about to depart (2) ; and that no Articles taken on board any Ship shall be deemed to be Stores except such as shall be borne upon the Victualling Bill for the same. LXIX. And be it enacted, That the Master of every Ship in which any Goods are to be exported from the United Kingdom or from the Isle of Maji to Parts beyond the Seas shall, before any Goods be taken on board (3), deliver to the Collector or Comptroller a Certificate from the proper Officer of the Clearance Inwards or Coast- wise (4) of such Ship of her last Voyage, specifying what Goods, if any, have been reported Inwards for Exporta- tion (5), and shall also deliver to the Collector or Comp- troller an Account, signed by the Master or his Agent, of the Entry Outwards of such Ship for her intended Voyage, setting forth the Name and Tonnage of the Ship, the Name of the Place to which she belongs if a British Ship, or of the Country if a Foreign Ship, the Name of the Master, and the Name or Names of the Place or Places for which she is bound, if any Goods are to be shipped for the same, and the Name of the Place in such Port at Avhich she is to take in her Lading for such Ship's Entry, blaster to de- liver Certificate of Clearance of last Voyage, and to snake Entry Out- wards. Particulars of Entry. (1) See §§ 86. 88. (2) See § 35. as to Stores of former Voyages. 19, 20. 35. (3) If a new Ship, the Name must be first painted (4) Coals may remain on board. See § 80. (j>) .\s to Clearance of Ship Outwards, sec §§ 86. 88 r See also Cap. 91. §§ 16. See Cap. 89. § 27, 90, 66 Cap. 86. REGULATION. 8^ & 9° Vict. Ship's Entry. Outwards. VoyUge ; and if sucli Ship shall have commenced her Lading at some other Port, the Master shall state the Name of any Port at which any Goods have been laden, and shall produce a Certificate from the Searcher that the Cockets for such Goods have been delivered to him ; and the Particulars of such Account shall be written and arranged in such Form and Manner as the Collector and Comptroller shall require ; and such Account shall be the Entry Outwards of such Ship, and shall be entered in a Book to be kept by the Collector for the Information of all Parties interested ; and if any Goods be taken on board any Ship before she shall have been entered Out- \vards, the Master shall forfeit the Sum of One hundred Pounds: Provided always, that where it shall become necessary to lade any heavy Goods on board any Ship before the whole of the Inward Cargo is discharged, it Stiffning Order, shall be lawful for the Collector and Comptroller to issue a Stiffning Order for that Purpose, previous to the Entry Outwards of the Ship. Penalty on Master. Entry of Goods. Bill of the Entry to be delivered. Particulars. Payment of Duties. Cocket to be granted. Person enter- ing Goods re- sponsible for Use of Cocket. LXX. And be it enacted. That the Person entering Outwards any Goods to be exported to Parts beyond the Seas from any Port in the United Kingdom or in the Isle of 3Iaji shall deliver to the Collector or Comptroller a Bill of the Entry thereof, faii'ly written, or fairly written in part and fairly printed in part, in Words at Length, expressing the Name of the Ship and of the Master, and of the Place to which the Goods are to be exported, and of the Person in whose Name the Goods are to be entered, and the Quantities and proper Denominations or Descriptions of the several Sorts of Goods, and shall pay down any Duties which may be due upon the Exportation of any such Goods ; and such Person shall also deliver at the same Time One or more Duplicates of such Bill, in which all Sums and Numbers may be expressed in Figures ; and the Particulars to be contained in such Bill shall be arranged in such Form and Manner, and the Number of such Duplicates shall be such as the Collector and Comptroller shall require ; and thereupon the Collector and Comptroller shall cause a Cocket to be written for such Goods, making it known that such Goods have been so entered ; and every Cocket shall be signed by such Collector and Comptroller, and be delivered to the Person who shall have made such Entry, and such 8 8^ & 9" Vict, KEOULATION. Cap. 86. 67 Person shall keep and be responsible for the proper Use of Outwards. the same. (I) Entry of Goods. LXXI. And be it enacted, That if any Drawback or Goods ft^ Bounty be allowable upon the Exportation of any such Drawback or Goods, or any Duty be payable thereon, or any Exemption Bounty, from Duty claimed, or if any such Goods be exportable ^"'^' ^^°^^- only accordin2; to some particular Rule or Reo-ulation, or t.°°. • "."°^"' Y -T-» • • /^ T • p . Kestriction. under some iiestriction or Condition, or for some particular Purpose or Destination, such Goods shall be entered and cleared for Shipment by such Denominations or Descrip- tions as are used, mentioned, or referred to in the granting of such Drawback or Bounty, or in the levying of sucli Duty, or granting such Exemption, or in the directing of such Kules, Regulations, Restrictions, Conditions, Pui'pose, or Destination. Importation. LXXII. And be it enacted. That the Person intending Manner of to enter Outwards any Foreign Goods for Drawback, at J^""^^/*''i. any other Port than that at which the Duties Inwards on Coolsat a"" such Goods had been paid, shall first deliver to the Col- different Port lector or Comptroller of the Port where the Duties on f^'^^f^^^/i^f such Goods were paid Two or more Bills, as the Case may require, of the Particulars of the Importation of such Goods, and of the Entry Outwards intended to be made ; and thereupon the Collector and Comptroller, finding such Bills to agree with the Entry Inwards, shall write off such Goods from the same, and shall issue a Certificate of such Entry, Avith such Particulars thereof as sliall be- necessary for the Computation of the Drawback allowable on such Goods, and setting forth in such Certificate the Destination of the Goods, and the Person in whose Name they are to be entered for Exportation, and also the Name of such other Port ; and sucli Certificate, together with Two or more Bills of the same, as the Case may require, in which all Sums and Numbers may be expressed in Figures, being delivered to the Collector or Comptroller of the Port from which the Goods are to be exported, shall be the Entry Outwards of such Goods ; and such Collector and Comptroller shall thereupon cause a Cocket to be written and delivered for such Goods, in manner herein-before directed. (2) (1) As to separate Sliipinents, see § 79. ; and as to final Delivery of Cockets to Searcher, see § 8G. (2) See § 70. F 2 G8 OUTWAUDS. Entry of Goods. No Drawback on Tob.icco not ])roperly manit- laetured ; and Penalty on Persons frau- dulently at- tempting to obtain Draw- back. Cap. 86. llEGULxlTlON. 8" & 9" Vict: Goods not entitled lo Drawback if of less Value than claimed. Penalty for Kntry of such Goods. On Entry Out- wards of Goods entitled to Drawback, Bond for due exporting shall be given. Stamp on Plate Bond reduced. LXXIII. And be it enacted, That no Drawback shall be allowed on any Tobacco which shall not have beeii wholly manufactured from Tobacco on Avhich the full Duty on Importation shall have been paid, nor on any Tobacco which shall be mixed witli Dirt or Rubbish or any other Ingredients ; and every Person who shall enter or ship, or cause to be entered or shipped, or produce or cause to be produced to any Officer of Customs to be shipped, for Exportation or for Stores, any Tobacco not entitled to Drawback, Avith Intent imduly to obtain any Drawback thereon, or any greater Drawback than he would otherwise be entitled to, shall, over and above all other Penalties which he may thereby incur, forfeit Treble the Amount of the Drawback sought to be obtained, or Two hundred Pounds, at the Election of the Commissioners of Customs ; and all such Tobacco shall be forfeited, and may be seized by any Officer of Customs or Excise. LXXIV. And be it enacted, That no Drawback shall be allowed upon the Exportation of any Goods entered for Drawback or as Stores which shall be of less Value than the Amount of the Drawback claimed, and that all such Goods so entered shall be forfeited, and that the Person who caused such Goods to be entered shall forfeit the Sum of Two hundred Pounds, or Treble the Amount of the Drawback claimed in such Case, at the Election of the Commissioners of Her Majesty's Customs. LXXV. And be it enacted. That upon the Entry Outwards of any Goods, except Wine, upon which a Drawback of the Duties paid upon the Importation thereof is allowed, and before Cocket is granted, the Person in whose Name the same are entered shall give Security by Bond in Double the Amount of such Duties, with One sufficient Surety, that such Goods shall be duly shipj^jcd and exported to and shall be landed at the Place for which they shall be entered Outwards, or otherwise accounted for to the Satisfaction of the Commissioners of Her Ma- jesty's Customs, within a reasonable Time, to be fixed by the said Commissioners with reference to the Place of Exportation. LXXVI. And be it enacted, That all Bonds given to prevent the relanding of Plate in respect of which any Drawback shall be allowed upon the Exportation thereof 8° & 9° Vict. REGULATION. Cup. 86. 69 shall be liable only to the same Duties of" Stamps as any Outwarcs. Bonds given for or in respect of the Duties of Customs, or for preventing Frauds or Evasions thereof, are or shall be '"''^^ "'^ *• liable to under any Act for the Time being in force for granting Duties of Stamps. LXXVII. And be it enacted. That no Cocket shall be Coals, Export granted for the Exportation of any Coals to any British p^^"^,"^^^^''''' Possession in a Foreign Ship until the Exporter thereof shall have given Security by Bond in a penal Sum of Double the Amount of the Duty payable on the Export- ation of such Coals, with Condition that the same shall bo landed at the Place for which they shall be exported (1), or otherwise accoimted for to the Satisfaction of the Com- missioners of the Customs, and also with Condition to produce, within such Time as the said Commissioners shall require, to be expressed in such Bond, a Certificate of the landing of such Coals at such Place, imder the Hand of the Collector or Comptroller or other proper Officer at such Place : Pro\dded always, that the Bond so to be given in respect of Coals shall not be liable to any Duty of Stamps. LXXVIII. And be it enacted. That before any Part Clearance of of the Goods for which any Cocket shall have been granted Goods. shall be shipped, or waterborne to be shipped, the same packages to be shall be duly cleared for Shipment with the Searcher; the endorsed on Particulars of the Goods for each Clearance shall be docket, endorsed on such Cocket, together with the Number and Denomination or Description of the respective Packages containing the same ; and in the Margin of each such Miuks and Endorsement shall be delineated the respective Marks and ^""^^ers, and Numbers of such Packages ; and to each such Endorsement shall be subjoined in Words at Length an Account of the total Quantities of each Sort of Goods intended in such Endorsement, and the total Number of each Sort of Packa2;e in Avhich such Goods are contained, distine-uishins; Bounty, Draw- such Goods, if any, as are to be cleared for any Bounty or J^o^g'^'^p " ^ Drawback of Excise or Customs, and also such Goods, if Goods' under any, as are subject to any Duty on Exportation, or entitled particular Con- to any Exemption from such Duty, and also such Goods, if any, as can only be exported by virtue of some particular Order or Authority, or under some particular Restriction (1) As to Re-exportation frorn thence, sec Cap. 93. § 98. r 3 ditions. 70 Goods not cleared for- feited- Coclset pro- duced for each Shii)iiient ; Shipping Bill ; Order of Searcher for Shipment. Cap. 86. REGULATION. 8" & 9" Vict. Coals brought Coastwise may be exported without land- Account of Value of Ex- ports to be de- livered to the Searcher. vv Condition, or for aonie particular Purpose or Destina- tion ; and all Goods shipped, or waterborne to be shipped, not being duly cleared as aforesaid, shall be forfeited. LXXIX. And be it enacted, That the Person clearing such Goods for Shipment (1) shall upon each Occasion produce the Cocket so endorsed to the Searcher, and shall also deliver a Shipping Bill, or Copy of snch Endorsement, referring by Names and Date to the Cocket upon which such Endorsement is made, and shall obtain the Order of the Searcher for the Shipment of such Goods ; and the Particulars to be contained in such Endorsement and in such Shipping Bill shall be written and arranged in such Form and Manner as the Collector and Comptroller shall require. LXXX. And be it enacted. That if any Coals shall have been brought Coastwise from one Port of the United Kingdom to anothei*, and the Master shall be minded to proceed with such Coals or any Part of them to Parts beyond the Seas, it shall be lawful for such Master to enter such Ship and such Coals Outwards for the intended Voyage without first landing the Coals intended for Exportation, provided the Officers of the Customs shall be satisfied that the Quantity of Coals left on board does not exceed the Quantity so entered Outwards. LXXXI. And be it enacted. That upon the Clearance for Shipment of any Goods the Produce or Manufacture of the United Kingdom an Account containing an accurate Specification of the Quantity, Quality, and Value of such Goods, together with a Declaration to the Truth of the same, signed by the Exporter or his known Agent, shall be delivered to the Searcher by the Person clearing such Goods ; and if such Declaration be false the Person signing the same shall forfeit the Sum of Twenty Pounds ; and that it shall be lawful for the Searcher to call for the Invoice, Bills of Parcels, and such other Documents relating to the Goods as he may think necessary for ascer- taining the true Value of the same : Provided always, that if such Exporter or Agent shall make and subscribe a Declaration before the Collector or Comptroller, that the Value of the Goods cannot be ascertained in Time for the ( 1 ) As to Custody of Cocket, see § 70. 8° & 9^ Vict. REGULATION. Cap. 86. 71 Shipment of the same, and such Declaration shall be Outwards. delivered to the Searcher at the Time of Clearance, a further Time of Three Months shall be allowed for the '^Goods Delivery of such separate Shipping Bill, on failure Avhereof — such Exporter or Agent shall forfeit the Sum of Twenty Pounds. LXXXII. And be it enacted, That no -Drawback of Goods for Ex- Excise shall be allowed upon any Goods so cleared unless '^^^'^ Drawback, the Person intending to claim such Drawback shall have given due Notice to the Officer of Excise, in form and Notice to Offi- manner required by any Law in force relating to the ^^^ °^ Excise. Excise, and shall have obtained and have produced to the Excise Order Searcher at the Time of clearing such Goods a proper *» Searcher. Document under the Hand of the Officer of Excise, con- taining the necessary Description of the Goods for which such Drawback is to be claimed ; and if the Goods to be Shipment cer- cleared and shipped under the Care of the Searchers shall, *'^^'^- upon Examination, be found to correspond in all respects with the Particulars of the Goods contained in such Docu- ment, and such Goods shall be dvily shipped and exported, the Searcher shall, if required, certify such Shipment upon such Document, and shall transmit the same to the Officer of Excise. LXXXIII. And be it enacted. That it shall be lawful Officer of Ex- for the Officer of Excise, if he see fit, to attend and assist '"^^e may attend at such Examination, and to mark or seal the Packages, "^'"1"^ i*'"- and to keep joint Charge of the same, together Avith the Searcher, until the same shall have been finally delivered by him into the sole Charge of the Searcher, to be shipped and exported under his Care. L XXXIV. And be it enacted. That if any Goods Goods for Duty, which are subject to any Duty or Restriction in respect of l^ounty, or Exportation, or if any Goods Avhicli are to be shipped for &c.'brouffht for any Drawback or Bounty, shall be brought to any Quay, Shipment. Whai-f, or other Place, to be shipped for Exportation, and such Goods shall not agree Avith the Endorsement on the Cocket, or with the Shipping Bill, the same shall be forfeited ; and if any Goods prohibited to be exported be found in any Package brought as aforesaid, such Package and every thing contained therein shall be forfeited. (1) (I) Sec § 112., and Cap. 87. § 32. F 4 72 Outwards. Clearance of Goods. Searcher may open any Pack- age ; but if correct, imist repack. Clearance of Ship. Content to be delivered to fcJearcher. Particulars. Cap. 86. KEGULATION. 8'' & 9^ Vict. Cockets to be delivered by Shippers to Searcher to be filed. iSIaster to de- clare to Con- tent. Clearance noti- fied on Content, LXXXV. And be it enacted, That it shall he lawful for the Searcher to open all Packages, and fully to examine all Goods shipped ^>r brought for Shipment at any Place in tlie United Kinp^doni or in the /vfc of Man; and if the Goods so examined shall be found to correspond in all respects with the Cocket and Clearance purporting to be for the same, such Goods shall be repacked at the Charge of such Searcher, who may be allowed such Charge by the Commissioners of the Customs, if they shall see fit so to do. LXXXVI. And be it enacted. That before any Ship shall be cleared Outwards at any Port in the United Kingdom or in the Isle of Man, for Parts beyond the Seas, with any Goods shipped on board the same in such Port, the INIaster shall deliver a Content of such Ship to the Searcher, setting forth the Name and Tonnage of such Ship, and the Place or Places of her Destination, and the Name of the Master, and also an Account of the Goods shipped on board, and of the Packages containing such Goods, and of the Marks and Numbers upon such Packages, and a like Account of the Goods on board, if any, which had been reported Inwards for Exportation (1) in such Ship, so far as any of such Particulars can be known by him ; and also, before the Clearance of such Ship, the Cockets, with the Endorsements and Clearances thereon for the Goods shipped, shall be finally delivered by the respective Shippers (2) of such Goods to the Searcher, who shall file the same together (3), and shall attach with a Seal a Label to tlie File, showing the Number of Cockets contained in the File, and shall compare the Particulars of the Goods in the Cockets with the Particulars of the Goods in such Content, and shall attest the Correctness thereof by his Signature on the Label and on the Content ; and the Master of the Ship shall make and sign a Declaration before the Collector or Comptroller to the Truth of such Content, and shall also answer to the Collector or Comp- troller such Questions concerning the Ship, the Cargo, and the intended Voyage, as shall be demanded of him; and thereupon the Collector or Comptroller shall clear such Ship for her intended Voyage, and shall notify such (1) See §§ 7. 69. 90. (3) As to Goods reported for Exportation, >»ec § 90. (2) See §§ 60. 79. S^ScQ-'ViCT. REGULATION. Cap. 86. 7a Clearance and the Date thereof upon the Content, and Outwards. upon the Label to the File of Cockets, and upon the Victualling Bill (1), and also in the Book of Ships Entries ''%'hip! Outwards, for the Information of all Parties interested, _ and shall transmit (2) the Content, and the Cockets, and °"^J;'^jj[;"f °" the Victualling Bill to the Searcher ; and the Particulars 15!^ "and'm to be contained in such Content shall be written and Book. arrano:ed in such Form and Manner as the Collector and Comptroller shall require. LXXXVII. And be it enacted. That the File of File of Cockets Cockets and the Victualling Bill sliall thereupon be iS\ J^ut'^^ed !o delivered by the Searcher to the Master of such Ship, at iviastor as the such Station within the Port and in such jNIanner as shall Clearance. be appointed by the Commissioners of Her INIajesty's Cus- toms for that Purpose ; and such File of Cockets and Victualling Bill, so delivered, shall be kept by the Master of such Ship as the Authority for departing from the Port with the several Parcels and Packages of Goods and of Stores on board, so far as they shall agree with the Par- ticulars in the Endorsements on such Cockets or with such Victualling Bill. (3) LXXXVIII. And be it enacted. That if any Ship Is In IJ.dlast. to depart in Ballast from the United Kingdom or from the Isle of Man for Parts beyond the Seas, having no Goods on boai'd except the Stores of such Ship borne upon the Victualling Bill, or any Goods reported Inwards for Exportation in such Ship (4), the Master of such Ship iviaster to shall, before her Departure, answer to the Collector or a"swer Ques- Comptroller such Questions touching her Departure and Destination as shall be demanded of him ; and thereupon Clearance the Collector or Comptroller shall clear such Ship in v-*'''^'ii-'"r pii Ballast, and shall notify such Clearance and the Date ^^^ ;„' Book.' thereof on the Victualling Bill, and also in the Book of Ships Entries Outwards, for the Information of all Parties interested ; and such Victualling Bill shall be kept by the Master of such Ship as the Clearance of the same. LXXXIX. And be it enacted. That Slate and Slates slate and Slates and Chalk laden on board any Ship bound to Foreign and Ciialk to (1) See § 68. (2) As to Stations for delivering Clearance to Master, see §,§ 87. 94. 149. (3) As to boarding Ships bv Officers, see §§ 93, 94. (4) S.C §§ 7. 9. Outwards. Clearance of Ship. be deemed Ballast. Cap. 86. KEGULATION. 8" & 9" Vict. Parts shall be deemed to be Ballast ; and that every such Ship having on board Slate and Slates and Chalk only, or either of them, shall be deemed to be a Ship de- parting in Ballast ; and if on the Return of any such Ship any Slate or Slates or Chalk shall be remaining on board, the same shall be deemed to be the Ballast of such Ship. Part of former Cargo reported for Exportation. Copy of Report to be the Clearance. XC. And be it enacted. That if there be on board any Ship any Goods of the Inward Cargo which were reported for Exportation in the same, the Master shall, before Clearance Outwards of such Ship from any Port in the United Kingdom or in the Isle of Man, deliver to the Searcher a Copy of the Report Inwards of such Goods, certified by the Collector and Comptroller ; and such Copy, being found to correspond with the Goods so remaining on board, shall be the Authority to the Searcher to pass such Ship with such Goods on board, and being signed by the Searcher, and filed Avith the Cockets (1), shall be the Clearance of the Ship for those Goods. If any Pas- sengers, Master may enter Bag- gage in his Name. Ship with Bag- gage only deemed to be in Ballast. XCI. And be it enacted. That if any Passengers are to depart in any Ship from the United Kingdom or from the Isle of Man for Parts beyond the Seas, it shall be lawful for the Master of such Ship to pass an Entry and to receive a Cocket in his Name for the necessary personal Baggage of all such Passengers, and duly to clear such Baggage for Shipment, in their Behalf, stating in such Clearances the Particulars of the Packages and the Names of the respective Passengers ; and if such Ship is to take no other Goods than the necessary personal Baggage of Passengers actually going the Voyage, it shall be lawful for such Master to enter such Ship Outwards in Ballast for Passengers only ; and if no other Goods than such Baggage duly entered and cleared be taken on board such Ship, the same shall be deemed to be a Ship in Ballast, notwithstanding such Baggage, and shall l^e described in the Clearance, on the Content and on the Label to the Cocket or Cockets, and on the Victualling Bill and in the Book of Ships Entries, as a Ship cleared in Ballast, except as to the necessary personal Baggage of Passengers going the Voyage. (1) If any Cockets, see § 86. 8° & 9° Vict. REGULATION. Cap. 86. XCII. And be it enacted, That if the Master and Ci'ew of any Foreign Ship which is to depart in Ballast from the United Kingdom for Parts beyond the Seas shall be desirous to take on board Chalk Rubbish by way of Ballast, or to take with them for their private Use any small Quantities of Goods of British Manufacture, it shall be lawful for such Master, without entering such Ship Outwards, to pass an Entry in his Name, and receive a Cocket free of any Export Duty for all such Goods, under the general Denomination of British IVIanufactures not prohibited to be exported, being for the Use and Privilege of the Master and Crew, and not being of greater Value than in the Proportion of Twenty Pounds for the Master, and Ten Pounds for the Mate, and Five Pounds for each of the Crew, and stating that the Ship is in Ballast ; and the Master shall duly clear such Goods for Shipment on behalf of himself and Crew, stating in such Clearances the Particulars of the Goods and Packages and the Names of the Crew who shall jointly or severally take any of such Goods under this Privilege ; and such Ship shall be deemed to be a Ship in Ballast, and be cleared as such, and without a Content, notwithstanding such Goods or such Cocket or Cockets ; and such Clearance shall be noti- fied by the Collector or Comptroller on the Label to the Cocket or Cockets, and on the Victualling Bill, and in the Book of Ships Entries, as a Clearance in Ballast, except as to the Privilege of the Master and Crew. 75 Outwards. Clearance of Ship. In Ballast, Master may enter Goods for private Use of Self and Crew. Privilefije ; 201. Master, 10/. Mate, 51. Crew. Master to clear the Goods. Ship to be deemed in Ballast. XCIIL And be it enacted. That it shall be lawful for the Officers of the Customs to go on board any Ship after Clearance Outwards, within the Limits of any Port in the United Kingdom or in the Isle of 3Ian, or within Four Leagues of the Coast thereof, and to demand the File of Cockets and the Victualling Bill (1), and if there be any Goods or Stores on board not contained in the Endorse- ments on the Cockets nor in the Victualling Bill, such Goods or Stores shall be forfeited ; and if any Goods con- tained in such Endorsements be not on board, the Master shall forfeit the Sum of Twenty Pounds for every Pack- age or Parcel of Goods contained in such Endorsements and not on board ; and if any Cocket be at any Time falsified, the Person who shall have falsified the same, or Officers may board any Ship after Clearance. Goods on board, and not in Cocket, 20/. Penalty. Cocket falsified, 100/. Penalty, (I) See §§ 86, 87. Outwards. Clearance of Ship. Ships to bring to at Stations. Cap. 86. REGULATION. S" & 9" YiCT. who shall lla^•e wilfully used the same, shall forfeit the Sum of One hundred Pounds. XCIV. And be it enacted, That every Ship departing from any Port in the United Kingdom or in the Isle of JSIan shall bring to at such Stations within the Port as shall be appointed by the Commissioners of Her Majesty's Customs for the landing of Officers fi'om such Ships, or for further Examination previous to such Departure. (1) Debenture Goods, XCV. And be it enacted, That no Drawback or Bounty shall be allowed upon the Exportation from the Entry in Name United Kingdom of any Goods unless such Goods shall of real Owner, liavc been entered in the Name of the Person Avho Avas the real Owner thereof at the Time of Entry and shipping, or of the Person Avho had actually purchased and shipped the same, in his own Name and at his own Liability and Risk, on Commission, according to the Practice of Mer- chants, and who was and shall have continued to be entitled in his own Right to such Drawback or Bounty, except in the Cases herein-after provided for. (2) or of the Com- mission Mer- chant. Declaration as to Exportation, and to Pro- perty, and Right to Draw- back or Bounty. If Drawback, &c. be not pur- chased, Name of Person en- titled to be declarL'd. XCVL And be it enacted, That such Owner or Com- mission Merchant shall make and subscribe a Declaration upon the Debenture that the Goods mentioned therein have been actually exported, and have not been re-landed, and are not intended to be re-landed in any Part of the United Kingdom, nor in the Isle of Man (3), (unless en- tered for tlie Isle of Man,) nor in the Islands of Faj-o or Ferro, and that he was the real Owner thereof at the Time of Entry and shipping, or that he had purchased and shipped the said Goods in his o^vn Name, and at his own Liability and Risk, on Commission, as the Case may be, and that he was and continued to be entitled to the Drawback or Bounty thereon in his own Right : Provided always, that if such Owner or Merchant shall not have purchased the Right to such Drawback or Bounty he shall declare under his Hand upon the Entry and upon the Debenture the Person who is entitled thereto, and the Name of such Person shall be stated in the Cocket and in the Debenture ; and the Receipt of such Person on the (1) See §§ 87. 149. (;5) See Licence Goods, Cap. 9'1. § 4. (2) Sec §§ 97, 98. Debenture Goods. 8^ k 9" Vict. REGULATION. Cap. 86. 77 Debenture shall be the Discharge for such Drawback or Outwarhs. Bounty. XCVIi. And be it enacted, 'That if such Owner or Merchant shall be resident in some Part of the United Agent may pass Kingdom being more than Twenty Miles from the Cus- Entry and re- tom House of the Port of Shipment, he may appoint any ^^^^^ and"rnake Person to be his Agent to make and pass his Entry, and the Declaration, to clear and ship his Goods, and to receive for him the ^"'^ answer Drawback or Bounty payable on his Debenture, if payable (jltncrTot ^"^ to Inm, provided the Name of such Agent and the llesi- resident. dence of such Owner or Merchant be subjoined to the Name of such Owner or JNIerchant in the Entry and iii the Cocket for such Goods ; and such Agent, being duly informed, shall make Declaration (1) upon the Entry, if any be necessary, and also upon the Debenture, in behalf of such Owner or JSIerchant, to the Effect before required of such Owner or Merchant (2), and shall answer such Questions touching his Knowledge of the Exportation of such Goods and the Property therein, and of the Right to the Drawback or Bounty, as shall be demanded of him by the Collector or Comptroller ; and if any such Goods .Toint Stock be exported by any Corporation or Company trading by a Company. Joint Stock it shall be lawful for them to appoint any Person to be their Agent for the like Purposes and with the like Powers to act in their Behalf. XCVIII. And be it enacted. That if any Goods which Property of are to be exported for Drawback be the Property of any Persons abroad Person residing abroad, having been consigned by the toTn^Asen't^^ Owner thereof to some Person as his Agent residing in and exported by the United Kingdom, to be exported through the same to ^''"^ °" account Parts beyond the Seas, by such Agent, upon Account of ° ^"^ ' such Owner, it shall be lawful for such Person (being the Consignee by wdiom and in whose Name the Duties In- wards on such Goods had been paid, or his legal Represen- tative), in like Manner, as Agent for such Owner, to enter, clear, and ship such Goods for him, and upon like Condi- tions to receive for him the Drawback payable thereon. XCIX. And be it enacted, That no Drawback shall be Shipment allowed upon the Exportation of any Goods unless such ^^'^'^"^ ^ '"'^^ Goods be shipped within Three Years after the Payment menr'within of the Duties Inwards thereon, and that no Debenture for Two Years. (1) Sec Proviso, § 96. (2) See § 96. Cap. 8G. REGULATION. 8° & 9° Vict. OlITWARnS. Debenture Goods. Issuing and passing Deben- ture. Certificate of landing in Isle of Man. any Drawback or Bounty allowed upon the Exportation of any Goods shall be paid after the Expiration of Two Years from the Date of the Shipment of such Goods. C. And be it enacted, That for the Purpose of com- puting and paying any Drawback or Bounty payable upon any Goods duly entered, ship])ed, and exported, a Deben- ture (1) shall, in due Time after such Entry, be prepared by the Collector and Comptroller, certifying in the first instance the Entry Outwards of such Goods ; and so soon as the same shall have been duly exported, and a Notice containing the Particulars of the Goods shall have been delivered by the Exporter to the Searcher, the Shipment and Exportation thereof shall be certified to the Collector and Comptroller, upon such Debenture, by the Searcher, and the Debenture shall thereupon be computed and passed with all convenient Despatch, and be delivered to the Person entitled to receive the same. (2) CI. And be it enacted. That no Drawback or Bounty shall be allowed for any Goods carried by Sea from the United Kingdom to the Isle of Ma7i until a Certificate shall be produced from the Collector and Comptroller of the Customs of the Isle of Man of the due landing of such Goods. Licensed Lighterman only to ship Debenture or warehoused Goods. Commissioners may grant Li- cence and require Bond. Licences in force. CII. And be it enacted. That no Goods cleared for Drawback or Bounty, or from the Warehouse, shall be carried or waterborne to be put on board any Ship for Exportation from the United Kingdom, by any Person, unless such Person shall be authorized for that Purpose by Licence under the Hands of the Commissioners of Her Majesty's Customs ; and that, before granting such Licence, it shall be lawful for the said Commissioners to require such Security by Bond for the faithful and incorrupt Conduct of such Person as they shall deem necessary ; and that after granting such Licence it shall be lawful for the said Commissioners to revoke the same, if the Person to Avhom the same shall have been granted shall be con- victed of any Offence against the Laws relating to the Customs or Excise: Provided always, that all such Licences which shall be in force at the Time of the Cora- (1) As to Payment, see Cap. 85. § 15. (2) As to Limitation of Time for Payment, see § 99. ex- 8^ & 9^^ Vict. REGULATION. Cap. 86. 79 meucement of this Act shall continue in force as if the OuTWAuns. same had been afterwards granted under the Authority of this Act. "tZT cm. And be it enacted, That if any Goods which Warehouse or have been taken from the Warehouse to be exported from ^ebenture the same, or any Goods which have been cleared to be portecl, or if exported for any Drawback or Bounty, shall not be duly re-landed, or exported to Parts beyond the Seas, or shall be re-landed ^''•■'^f' t<^ in any Part of the United Kingdom, (such Goods not without Entrv, having been duly re-landed or discharged as short-shipped forfeited. under the Care of the proper Officers,) or shall be landed in the Islands of Faro or Ferro, or shall be carried to any of the Islands of Guernsey, Jersey, Alderney, Sark, or Man, (not having been duly entered, cleared, and shipped, to be exported or carried directly to such Islands,) the same shall be forfeited, together with the Ship from or by which the same had been so re-landed, landed, or carried, and any other Ship, Vessel, Boat, or Craft which may have been used in so re-landing, landing, or carrying such Goods ; and any Person by whom or by whose Orders or Means such Goods shall have been so taken or cleared, or so re-landed, landed, or carried, shall forfeit a Sum equal to Treble the Value of such Goods. CIV. And be it enacted, That a Drawback of the Drawback of whole of the Duties of Customs shall be allowed for Wine Duties on Wine intended for the Consumption of Officers of Her Majesty's o^^^rs \^ tj,e Navy, on board such of Her Majesty's Ships in actual Navy. Service as they shall serve in, not exceeding the Quantities of Wine, in any One Year, for the Use of such Officers, herein-after respectively mentioned ; (that is to say,) Gallons. For every Admiral - - - 1,260 Vice- Admiral - - - 1,050 . Rear-Admiral - - 840 Captain of the First and Se- cond Rate -} 630 420 Captain of the Third, Fourth, 1 and Fifth Rate - ~ j Captain of an inferior Rate - 210 Lieutenant, and other Com- "1 manding Officer, and for every |> 105 Marine Officer - - I so Cap. 86. REGULATION, 8"c^' 9" Vict, Outwards. Debentute Goods. Person enter- ing such Wine for Drawback to declare the Name and Rank of Officer claiming the same. Officers leaving the Service, &e. sucli Wine per- mitted to be tnan-sfiL'rred to otliers. Provided always, that such Wine be sliijipcd only at one of the Ports herein-after mentioned ; (that is to say,) London, Liveiyonl, Rochester, Deal, Dovor, rortsmouth, Plymouth, Yarmouth, Fahnouth, Belfast, Dublin, Cork, Leith, or Glasgow. CV. And be it enacted, That the Person entering such Wine, and claiming the Drawback for the same, shall state in the Entry and declare on the Debenture the Name of the Officer for whose Use such Wine is intended, and of the Ship in which he serves ; and such Wine shall be delivered into the Charge of the Officers of the Customs at the Port of Shipment, to be secured in the Queen's Ware- house until the same shall be shipped under their Care ; and such Officers having certified upon the Debenture the Keceipt of the Wine into their Charge, the Debentuz'e shall be computed and passed, and be delivered to the Person entitled to receive the same. (1) C VI. And be it enacted. That if any such Officer shall leave the Service, or be removed to another Ship, it shall be lawful for the Officers of the Customs, at any of the Ports before mentioned, to permit the Transfer of any such Wine from one Officer to another, as Part of his Proportion, whether on board the same Ship or another, or the Transhipment from one Ship to another for the same Officer, or the re-landing and warehousing for future Ke-shipment ; and it shall also be lawful for the Officers of Customs at any Port to receive back the Duties for any of such Wine, and deliver the same for Home Use : Pro- vided always, that if any of such Wine be not laden on board the Ship for which the same was intended, or be unladen from such Ship without Permission of the proper Officer of the Customs, the same shall be forfeited. Pursers of Her C VII. And bc it enacted. That it shall be lawful for Majesty's Ships] ^he Purser of any of Her Majesty's Ships of War in ship Toi^cco actual Service to enter and ship at the Ports of Rochester, for Use of Crew, Portsmouth, or Plymouth (2\ in the Proportions herein- free of Duty, on after mentioned, any Tobacco there warehoused in his givuig on . ^jijne^ or transferred into his Name, for the Use of the (1) As to Limitation of Time, see § 99. (2) For proper Tobacco Ports, see Table in § 63. those Ports, sec Cap. 91. § 25. and for Removal to 8"&9''ViCT. PvEGULATION. Cap. 8G. 81 Ship in whicli he shall serve, provided such Purser shall Outwards. deliver to the Collector or Comptroller of such Port a Certificate from the Captain of guch Ship, statinp; the co'od"7 Name of the Purser and the Number of ]\len belonging to — the Ship, and shall also give Bond, with One sufficient Surety, in Treble the Duties payable on the Tobacco, that no Part thereof shall be rc-landed in the United Kingdom without Leave of the Officers of the Customs, or be landed in either of the Islands of Guernsei/, Jersei/, Alderney, Sark, or Man. CVIII. And be it enacted. That if any Purser shall be Purser removed removed from one Ship to another it shall be lawful for the from One Ship Collector and Comptroller of the Port where such Ships 'f' ^""^iier may 1111 'im !• n ^ -i^ • p transmit lo- shall be, to permit the iranshipment or the Kemams or any bacco, with such Tobacco for the Use of such other Ship, upon due Permission of Entry of such Tobacco by such Purser, setting forth the Collector. Time when and the Port at which such Tobacco was first shipped ; and if any such Ship shall be paid off it shall be lawful for the Collector and Comptroller of any Port where such Ship shall be paid off to permit the Remains of any such Tobacco to be landed, and to be entered by the Purser of such Ship, either for Payment of Duties or to be warehoused for the Term of Six Months for the Supply of some other such Ship, in like Manner as any Tobacco may be warehoused and supplied at either of the Ports before mentioned, or for Payment of all Duties within such Six Months: Provided always, that all To- bacco warehoused for the Purpose of so supplying Her Majesty's Ships of War shall be sulJ3ct to the Provisions of any Act in force relating to the warehousing of Tobacco generally, as far as the same are applicable, and are not expressly altered by any of the Provisions herein particu- larly made. CIX. And be it enacted. That no greater Quantity of Limiting tiie such Tobacco shall be allowed to any Ship of War than Quantity of Two Pounds by the Lunar Month for each of the Crew of ^ "*^''"' such Ship, nor shall any greater Quantity be shipped at any One Time than sufficient to serve the Crew of such Ship for Six Months after such Rate of Allowance ; and the Collector and Comptroller of the Port at or from which any such Tobacco shall be supplied to any such Ship, or landed from any such Ship, or transferred from one such Ship to another, shall transmit a particular Account thereof to the Commissioners of Her Majesty's Customs, in order 82 Ol'TWARnS. Debenture Goods. Times and I'Jaces for sliip- ping Goods. Cap. 86. KEGULATION. 8'^ & 9" Vict. Penalty for es- porting pro- hibited Goods. Pruhibltioiis. Prohibitions and Restric- tions, absolute or modified. that a jTcncral Account may be kept of all the Quantities supplied to and consumed on board each of such Ships vuidcr the Allowances before granted. ex. And be it enacted, That no Goods (1) sliall be put off from any ^Vharf, Quay, or otlicr Place, or shall be waterbornc in order to be exported, but only on Days not being Sundays or Holidays (2), and in the Daytime ; (that is to say,) from the First Day of September until the last Day of March betwixt Sun-rising and Sun-setting, and from the last Day of March until the First Day of Septem- ber between the Hours of Seven of the Clock in the Morn- ing and Four of the Clock in the Afternoon ; nor shall any such Goods be then put off or waterborne for Expor- tation unless in the Presence or with the Authority of the proper Officer of the Customs, nor except from a legal Quay (3) ajipointcd by Her Majesty, or at some Wiiarf, Quay, or Place appointed by the Commissioners of Her Majesty's Customs for shipping of such Goods by Suffer- ance. (4) CXI. And be It enacted, That if any Goods liable to Forfeiture for being shipped for Exportation (5) shall be shipped and exported without Discovery by the Officers of the Customs, the Person or Persons who shall have caused such Goods to be exported shall forfeit Double the Value of such Goods. CXII. And be It enacted. That the several Sorts of Goods enumerated or described in the Table following (denominated " A Table of Prohibitions and Restrictions Outwards ") shall be either absolutely prohibited to be exported from the United Kingdom, or shall be exported only vmder the Restrictions mentioned In such Table, according as the several Sorts of such Goods are respec- tively set forth therein ; (that is to say,) A TABLE OF PROHIBITIONS AND RESTRICTIONS OUTWARDS. Clocks and Watches ; viz. any outward or Inwaixl Box, Case, or Dial Plate, of any Metal, without the Movement in or with every ( 1 ) See § 66. (4) See § 155. (2) See Cap. 8.' (5) See § 112. l;i. (3) See § 153. 8' & 9^ Vict. REGULATION. Cap. 86. 83 such Box, Case, or Dial Plate, made up fit for Use, Outwauhs. with the Clock or Watch Maker's Name cnf^ravcn 77—; ., Prolitbitioiis, thereon. Lace ; viz. any Metal inferior to Silver which shall be spun, mixed, wrought, or set upon Silk, or which shall be gilt, or drawn into Wire, or flattened into Plate, and sj)un or woven, or wrought into or upon, or mixed with Lace, Fringe, Cord, Embroidery, Tambour Work, or But- tons, made in the Gold or Silver Lace Manufiictory, or set upon Silk, or made into Bullion, Spangles, or Pearl, or any other Materials made in the Gold or Silver Lace Manufactory, or which shall imitate or be meant to imitate such Lace, Fringe, Cord, Em- broidery, Tambour Work, or Buttons ; nor shall any Person export any Copper, Brass, or other Metal which shall be silvered or drawn into Wire, or flat- tened into Plate, or made into Bullion, Spangles, or Pearl, or any other Materials used in the Gold- or Silver Lace Manufactory, or in imitation of such Lace, Fringe, Cord, Embroidery, Tambour Work, or Buttons, or of any of the Materials used in making the same, and which shall hold more or bear a greater Proportion than Three Pennyweights of fine Silver to the Pound Avoirdupoise of such Copper, Brass, or other Metals, any Metal inferior to Silver, whether gilt, silvered, stained, or coloured, or otherwise, which shall be worked up or mixed with Gold or Silver in any Manu- facture of Lace, Fringe, Cord, Embroidery, Tambour Work, or Buttons. A List of Goods which may be trohibited to be EXPORTED by Proclamation or Order in Covmcil. (1) Arms, Ammunition, and Gunpowder. Ashes, Pot and Pearl. Military Stores and Naval Stores, and any Articles (ex- cept Copper) which Her Majesty shall judge capable of being converted into or made useful in inci-easing the Quantity of Military or Naval Stores. Provisions or any Sort of Victual which may be used as Food by Man. And if any Goods shall be exported, or be waterborne to Ftufeiture. be exported, from the United Kingdom, contrary to any (1) See § 12c. as to prohibiting tlie carrying such Goods Coastwise. G 2 84 Cap, 86. REGULATION. 8" & 9" Vict. Outwards, of the Prohibitions or RcstrlctlonB mentioned in such „ 77~ Table in respect of such Goods, the same shall be for- ProhibtUons. ^ . , , , , . '^ felted. (1) Coastwise. General Provisions. All Trade by Sea from one Part of tlie United Kinjr- ilom to another, or to the Isle of Man, to be deemed Coast- wise, and no Tart to be deemed beyond the Seas. Proviso for Dutiable Goods carried into tlie Isle of Man. CXIII. And whereas it is necessary to make Regula- tions for the Coasting Trade of the United Kingdom and of the Isle of Mem, and that the Officers of the Customs should have cognizance (2) of all Ships carrying any Goods Coastwise from one Part of the United Kingdom to another Part of it, or to the Isle of Man, or from one Part of the Isle of Man to another Part of it, and of all Goods so carried, in order that such Trade may be confined to British Ships (3), and that all Duties levied Coastwise may be duly collected, and that the Laws for regulating the Importation and Exportation of Goods from and to Parts beyond the Seas may not be evaded ; be it therefore enacted, That all Trade by Sea from any one Part of the United Kingdom to any other Part thereof, or to the Isle of Man, or from the Isle of Man to any Part of the United Kingdom, or from one Part of the Isle of Maji to another I'art thereof, shall be deemed to be a Coasting Trade, and all Ships while employed therein shall be deemed to be Coasting Ships ; and that no Part of the United Kingdom or of the Isle of Man, however situated with regard to any other Part, shall be deemed in Law, with reference to each other, to be Parts beyond the Seas in any INIatter relating to the Trade or Navigation or Re- venue of this Realm : Provided always, that all Goods liable to Duty of Customs upon the Importation or bring- ing of them into the Isle of Man, when brought from the United Kingdom into the said Isle, and all Vessels bringing the same, shall be liable to the same Rules and Regulations as are required by Law in respect of Goods imported into the said Isle from Foreign Parts, and in respect of the Vessels bringing the* same ; and all Penalties and For- feitures inflicted by Law for any Breach of the said Rules and Regulations shall attach upon all Goods so brought into the «aid Isle contrary to the said Rules and Regula- tions or any of them, and upon all Persons committing any Breach of any sudi Rule or Regulation ; and such Penal- ties and Forfeitures may be recovered in the same Manner (1) See §§ 84. 111., and Cap. 87. § 32. (2) See § 124. as to Power of Officers of Customs to board Coasting Vessels. i(^) Sec Navigation Act, Cap. 88. § 8. 8° & 9° Vict. KEGULATION. Cap. 86. 85 as any Penalty or Forfeiture may be recovered by any Coastwise. Act relating to the Customs. General Provisions. CXIV. And whereas some Parts of the Coast of the — United Kingdom may be so situated with regard to other Treasury ta* neighbouring Parts thereof that Doubts may arise in some regulate what Cases whether the Passage between them by Water shall ^''-''j! ^^ deemed be deemed to be a Passage by Sea within the Meaning of Jnder^his Act,. this Act ; and that in other Cases, although such Passage be by Sea, it may be unnecessary for the Purposes of this Act, or of any Act relating to the Customs, to subject Ships passing between such Places to the Restraints of Coast Regulations ; be it therefore enacted. That it shall be lawful for the said Commissioners of Her Majesty's Treasury to determine and direct in what Cases the Trade by Water from any Place on the Coast of the United Kingdom to another of the same shall or shall not be deemed a Trade by Sea within the Meaning of this Act or of any Act relating to the Customs. CXV. And be it enacted. That no Goods shall be car- Coasting Ship ried in any Coasting Ship exce})t such as shall be laden to co^t",, ^^ be so carried at some Port or Place in the United King- Voyage, dora, or at some Port or Place in the Isle of Man respec- tively ; and that no Goods shall be laden on board any Ship to be carried Coastwise until all Goods brought in such Ship from Parts beyond the Seas shall have been unladen ; and that if any Goods shall be taken into or put Penalty on out of any Coasting Ship at Sea or over the Sea, or if any I^evtation Coasting Ship shall touch at any Place over the Sea, or deviate from her Voyage, unless forced by unavoidable Circumstances, or if the Master of any Coasting Ship which shall have touched at any Place over the Sea shall not declare the same in Writing inider his Hand to the Collector or Comptroller at the Port in the United King- dom or in the Isle of Man where such Ship shall afterwards first arrive, the Master of such Ship shall forfeit the Sum of Two hundred Pounds. CXVI. And be it enacted. That no Goods sliall be Bbfore Goods laden on board any Ship in any Port or Place in the ^^ '"''*^" <"" ""- United Kingdom or in the Isle of Man to be carried ttnti^nt'o7 Coastwise, nor having been brought Coastwise shall- be Arrival to be unladen in any such Port or Place from any Ship,, until S'^^"' »"*^ p^^^- G 3 86 Cap. 86. IIEGULATIOX. 8" & 9" Vict. |)or Documents to issue. CoAsTwiiE. due Notice In Writiuf];, signed by tlie Muster (1), shall ; have been given to the Collector or Comptroller, by the Provis'ions. jMastcr, Owner, Wharfinger, or Agent of such Ship, of — the Intention to lade Goods on board the same to be so carried, or of the Arrival of such Shi[) with Goods so brouglit, (as the Case may be,) nor imtil proper Docn- ments (2) shall have been granted as herein-after directed for the lading or for the unlading of such Goods ; and sucli Goods shall not be laden or unladen except at such Times and Places (3), and in such iSIanncr, and by such Persons, artd under the Care of such Ofticers (4), as is and are herein-after directed ; and all Goods laden to be so carried, or brought to be so unladen, contrary hereto, shall be forfeited. I'articulars in Notice : witliin Twenty- four Hours of Arrival for iinladinji ; for ladin^ state last Voyage and Clearance. to From and to Ireland with CXVII. And be it enacted, That in such Notice (5) siiall be stated the Name and Tonnage of the Ship, and the Name of the Port to which she belongs, and the Name of tlie Master, and the Name of the Port to which she is bound or from which she has arrived, and the Name or Description of the Wharf or Place at which her Lading is to be taken in or discharged (as the Case may be) ; and Such Notice shall be signed by the Master, Owner, Wharf- ingef, or Agent of such Shi]), and shall be entered in a Book to be kept by the Collector for the InfoiTnation of all Parties interested ; and every such Notice for the unlading of any Ship or Vessel shall be delivered within Twenty-four Hours after the Arrival of such Ship or Vessel, under a Penalty of Twenty Pounds, to be paid by the Master of such Ship or Vessel ; and in every such Notice for the lading of any Ship or Vessel shall be stated the last Voyage on which such Ship or Vessel shall have arrived at such Port ; and if such Voyage shall have been from Parts beyond the Seas there shall be produced with such Notice a Certificate from the proper OfKcer of the Discharge of all Goods (if any) l)rought in such Ship, and of the due Clearance of such Sliip or Vessel Inwards of such Voyage. CXVIII. And be it enacted, That upon the Arrival of any Coasting Ship at any Port in Great Britain from Ire- (1) If between Great Britain and Ireland tlie Master must attend, § 118. CJ) See §§ 119. 121, 12'J, 123. (;5) See § 125. (4) See § 125. (5) See § lis. as to the like Notice in "\'oyages between Great Britain and Ireland. S^&O'^ViCT. REGULATION. Cap. 86. 87 land, or at any Port in Ireland from Great Britain, the Coastwiss, Master of such Ship shall within Twenty-four Hours after such Arrival attend and deliver such Notice (1), signed by Trovhions. him, to the Collector or Comptroller ; and if such Ship — shall have on board any Goods subject on Arrival to any certain Goods, Duty of Excise (2), or any Goods which had been im- attencTtoXuver ported from Parts beyond the Seas, the Particulars of Notice, &c. such Goods, with the Marks and Numbers of the Packages containing the same, shall be set forth in such Notice ; and if there shall be no such Goods on board, then it shall be declared in such Notice that no such Goods are on board ; and the Master shall also answer any Questions relating to the Voyage as shall be demanded of him by the Collector or Comptroller ; and every Master who shall fail Penalty. in due Time to deliver such Notice, and truly to answer such Questions, shall forfeit the Sum of One hundred Pounds. CXIX. And be it enacted. That when due Notice shall After Notice have been given to the Collector or Comptroller at the given of lading Port of lading of the Intention to lade Goods on board any Coastino- Ships, Coasting Ship, such Collector or Comptroller shall grant Collector may a general Sufferance (3) for the lading of Goods (without s™»t a general specifying the same) on board such Ship, at the Wharf or Place which shall be expressed in such Suiferance; and such Sufferance shall be a sufficient Authority for the lading of any Sort of Goods, except such (if any) as shall be expressly excepted therein : Provided always, that be- Bond for cer- fore any Sufferance be granted for any Goods prohibited tain Goods, to be exported (4) the Master or Owner of any such Ship, or the Shipper of such Goods, shall give Bond, with One sufficient Surety, in Treble the Value of the Goods, that the same shall be landed at the Port for which such Suffer- ance is required, or shall be otherwise accounted for to the Satisfaction of the Commissioners of Her Majesty's Customs. CXX. And be it enacted. That the Master of every Master of Coasting Ship shall keep or cause to be kept a Cargo Coasting Ves- Book of the same, stating the Name of the Shiii and of the ^^ *° ^^"^ ^ -\ir ir-ix-i I'liii T fy ' t-» i i-r-wi- -rs ^**" board. Utiicer sufhcient Koom under the Deck, m some Part of the Forecastle or Steerage, for his Bed or Hammock, and in case of Neglect or Refusal so to do shall forfeit the Sum of One hundred Pounds. (1) See for Inwards, § 12. ; for Outwards, § 94. H 2 100 Cap. 86. REGULATION. 8° & 9° Vict. Wareliouse. General CLI. And be It ciiactccl, That whenever any Goods Regulations. g]jjj]l \yQ takcu tO and SCCUrcd in any of the Queen's Ware- Power to charge houses in the United Kingdom or in the Isle of Man, for Rent in Queen's Secui'ity of the Duties thereon, or to prevent the same from coming into Home Use, it shall and may be lawful for the Commissioners of Her Majesty's Customs to charge and demand and receive Warehouse llent for such Goods for all such Time as the same shall remain in such Ware- house, at the same Rate as may be payable for the like Goods when warehoused in any Warehouse in which such Goods may be warehoused without Payment of Duty: Provided always, that it shall be lawful for the Commis- sioners of Her Majesty's Treasury, or the Commissioners of Her Majesty's Customs, by Warrant or Order under their Hands respectively, from Time to Time to fix the Amount of Rent which shall be payable for any Goods secured in any of the Queen's Warehouses as aforesaid. Power to sell Goods not cleared from Queen's Ware- house. CLII. And be it enacted. That in case such Goods shall not be duly cleared from the Queen's Warehouse within Three Calendar Months (or sooner if they be of a perishable Nature), it shall be lawful for the Commissioners of Her Majesty's Customs to cause such Goods to be publicly sold by Auction, for Home Use or for Exportation (as the Case may be) ; and the Produce of such Sale shall be applied towards the Payment of the Duties, if sold for Home Use, and of the Warehouse Rent and all other Charges; and the OverjDlus (if any) shall be paid to the Person authorized to receive the same : Provided always, that it shall be lawful for the said Commissioners to cause any of such Goods to be destroyed as cannot be sold for a Sum sufficient to pay such Duties and Charges, if sold for Home Use, or sufficient to pay such Charges, if sold for Exportation : Provided also, that if such Goods shall have been landed by the Officers of the Customs (1), and the Freight of the same shall not have been paid, the Produce of such Sale shall be first applied to the Payment of such Freight. ^«jer for^Her CLIII. And be it enacted. That it shall be lawful for ap'pofnt^ Ports "^^^ Majesty, by Her Commission out of the Court of and legal Quays. Exclicqucr, froni Time to Time to appoint any Port, (1) See Power to land Goods, § 16. See also Cap. 91. § 51. as to Goods in Docks. 8° & 9° Vict. REGULATION. Cap. 86. 101 Haven, or Creek in the United Kingdom or in the Isle of Generai- Man, and to set out the Limits thereof, and to appoint the Regulations. proper Places within the same to be legal Quays for the lading and unlading of Goods, and to declare that any Place which had been set out as a legal Quay by such Authority shall be no longer a legal Quay, and to appoint any new Place within any Port to be a legal Quay for the lading and unlading of Goods : Provided always, that all Ports, Havens, and Creeks, and the respective Limits thereof, and all legal Quays, appointed and set out and existing as such at the Commencement of this Act under any Law till then in force, shall continue to be such Ports, Havens, Creeks, Limits, and legal Quays respectively as if the same had been appointed and set out under the Authority of this Act. CLIV. And be it enacted, That in any Information or Averment of other Proceeding for any Offence against any Act made or Offence, to be made relating to the Customs tlie Averment that such Offence was committed within the Limits of any Port shall be sufficient, without Proof of such Limits, unless the contrary be proved. SiiOerance Wharfs. CL V. And be it enacted. That it shall be lawful for the Commissioners Commissioners of Her Majesty's Customs from Time to may appoint Time, by any Order under their Hands, to appoint Places to be Sufferance Wharfs, for the ladino; and unlading; of Goods by Sufferance, to be duly issued by them, or by the proper Officers under their Directions, in such Manner and in such Cases as they shall see fit. CLVI. And be it enacted. That no Ship or Boat No Ships en- appointed and employed ordinarily for the Carriage of Sf S^d m the Letters shall import or export any Goods without Permis- Letters to sion of the Commissioners of Her Majesty's Customs, import or ex- under the Penalty of the Forfeiture of One hundred p"""*^ C^oods. Pounds, to be paid by the Master of such Ship or Boat. CLVII. And be it enacted. That no Ship shall be Fitters Cer- cleared from any Port of the United Kingdom, either for a titicatcs. Coasting or a Foreign Voyage, laden with Coals or Coal, or Culm or Cinders, which had not been previously brought Coastwise into such Port, until the Fitter or Coal Owner, or his Agent, vending or shipping the same, shall have delivered to the Collector or Comptroller Two Certificates II 3 102 General Regulations. Cap.86. KEGULATION. 8" & 9"^ Vict. Licensed Agents. Persons enter- ing cr clearing Ships, Sic. as Agents, to be licensed, and give Bond. Exception. under his Hand, expressing the total Quantities of Coals, Culm, and Cinders respectively shipped or intended to be shipped by him in such Ship ; and the Collector or Comp- troller shall retain One of such Certificates, and shall deliver the other, signed by him, to the Master of the Ship ; and every Fitter, Coal Owner, or Agent who shall refuse to give such Certificates, or shall give a false Cer- tificate, shall forfeit and pay the Sum of One hundred Pounds ; and the Master of such Ship shall keep such Certificate, and produce the same to any OflScer of Cus- toms demanding such Production, and shall before Bulk be broken deliver such Certificate to the Collector or Comp- troller of any Port in the United Kingdom to which such Coals, Culm, or Cinders shall be carried in such Ship. CLVIII. And be it enacted. That it shall not be law- ful for any Person to act as an Agent ( 1 ) for transacting Business in the Port of London (2) which shall relate to the Entry or Clearance of any Ship, or of any Goods, or of any Baggage, unless authorized so to do by Licence of the Commissioners of Her Majesty's Customs, who are hereby empowered to require Bond to be given by every Person to wliom such Licence shall be granted, with One suflficient Surety, in the Sum of One thousand Pounds, for the faithful and incon*upt Conduct of such Person and of his Clerks acting for him : Provided alwa/s, that such Bond shall not be required of any Person who shall be one of the Sworn Brokers of the City of London : Provided also, that all Licences heretofore granted by the Commis- sioners of Her Majesty's Customs to any Persons to act as Agents shall be valid and effectual, and all Bonds taken for the faithful and incorrupt Conduct of such Persons shall be and are hereby declared to be and remain in full Force and Effect; and if any Pei'son shall act as such Agent, not being so licensed, or if any Person shall be in Partnership in such Agency with any Person not so licensed, such Person shall, in either Case, for every such Offence forfeit the Sum of One hundred Pounds. Treasury may CLIX. And be It enacted. That it shall be lawful for revoke Licence. ^|^g Commissioners of Her Majesty's Treasury, by any (1) See § 142. (2) See § 1C2, as to Ireland and the Outports. S^&Q'^ViCT. REGULATION. Cap. 86. 103 Order under their Hands, to revoke any such Licence, or Licensed any Licence heretofore granted by the Commissioners of -Agents. Customs to any Person to act as an Agent for transacting such Business at the Custom House in the Port of London, and that after a Copy of such Order shall have been delivered to such Person or to his Clerk, or left at his usual Place of Abode or Business, such Licence shall be void. CLX. Provided always, and be it enacted. That Not to extend nothing herein contained shall extend to prevent the Clerk *° Clerks or or Servant of any Person or of any Persons in Coj)artner- individuals, ship from transacting any such Business, on account of such Person or Persons, without such Licence, provided such Clerk or Servant shall not transact any such Business as Clerk, Servant, or Agent to any other Person. CLXI. And be it enacted. That it shall be lawful for Agent may any such Agent or Agents in Copartnership to appoint to actfor Wni'' any Person without Licence, to be his or their Clerk in only, transacting such Agency : Provided always, that no Per- son shall be admitted to be such Clerk to more than One Agent or Copartnership of Agents, nor until his Name and Residence and the Date of his Appointment shall have been endorsed on the Licence of every such Agent, and signed by him, and witnessed by the Signature of the Col- lector and Comptroller of the Customs, unless such Person shall have been appointed with Consent of the Commis- sioners of Her Majesty's Customs before the Commence- ment of this Act. CLXIL And be it enacted. That it shall be lawful for Treasury may the said Conunissiouers of Her Majesty's Treasury, by f.'^^^"^ Reguia- *^ tions to otlicr their Warrant, to be published in the London or Dublin ports. Gazette, to extend the Regulations herein-before made relating to Agents in the Port of London to Agents at any other Port in Great Britain, or at any Port in Lreland. CLXIII. And be it enacted. That this Act may be Alteration of amended or repealed by any Act to be passed in the ^^^' present Session of Parliament. H 4 ANNO OCTAVO & NONO VlCTORIiE REGIN.E. CAP. LXXXVIL An Act for the Prevention of Smuggling. [4th August 1845.] ^\/^HEREAS an Act was passed in a Session of Parlia- liament holden in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the Prevention of Smuggling, whereby 3&4W.4. c.5S. the Laws of Customs in relation to the Prevention of Smuggling were consolidated : And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of Advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act : Be it there- fore enacted by the Queen'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 from Commence- and after the passing of this Act the same shall come into ™e»t of Act. and be and continue in full Force and Operation for all the Purposes mentioned therein, and that all the Provi- sions thereof shall extend to any Law in force or hereafter to be made relating to the Customs. II. And be it enacted. That if any Vessel not being Vessels and square-rigged (1), or any Boat, either belonging in the ^°"■^^• whole or in part to Her Majesty's Subjects, or having CertahTvessels Half the Persons on board Subjects of Her Majesty, shall belonging to be found or discovered to have been witliin One hundred ^^'' Majesty's ( I ) For Restrictions as to Size of Vessels importing Spirits and Tobacco, see Cap. 86. § 6J. 106 Vessels and Boats. Subjects, or whereof Half the Persons on board are Sub- jects of Her Majesty, and Foreign Ves- sels, found within certain Distances of the Coast of the United King- dom, or of the Islands of Guernsey, Jer- sey, Alderney, Sark, or Man, with certain Goods on board, forfeited, to- gether with the Goods. Cap. 87. SMUGGLING. 8° & 9° Vict. Leagues of the Coast of the United Kingdom ; or if any Vessel either belonging in tlie whole or in part to Her Majesty's Subjects, or having Half the Persons on board Subjects of Her Majesty, or if any Foreign Vessel not being square-rigged, or any Foreign Boat, in which there shall be One or moi-e Subjects of Her Majesty, shall be found or discovered to have been within Four Leagues of that Part of the United Kingdom which is between the North Foreland on the Coast of Kejit and Beachy Head on the Coast of Sussex, or within Eight Leagues of any other Part of the Coast of the United Kingdom ; or if any Foreign Vessel or Boat shall be found or discovered to have been within One League of the Coast of the United Kingdom ; or if any Vessel or Boat shall be found or discovered to have been within One League of the Islands of Guernsey, Jersey, Alderney, Sark, or Man respectively, or within any Bay, Harbour, River, or Creek of or belonging to any one of the said Islands ; any such Vessel or Boat so found or discovered, having on board or in any Manner attached thereto, or having had on board or in any Manner attached thereto, or conveying or having conveyed in any Manner, any Spirits (1) not being in a Cask or other Vessel capable of containing Liquids of the Size or Content of Twenty Gallons at the least, or any Tea exceeding Six Pounds "Weight in the whole, or any Tobacco or Snuff not being in a Cask or Package containing Three hundred Pounds Weight of Tobacco or Snuff at least, or being separated or divided in any Manner within any Cask or Package, or any Tobacco Stalks, or any Cordage or other Articles adapted and prepared for slinging or sinking small Casks, or any Casks or other Vessels whatsoever of less Size or Content than Twenty Gallons, of the Description used for the smuggling of Spirits, then and in every such Case the said Spirits, Tea, Tobacco, or Snuff, and Tobacco Stalks, together with the Casks or Packages containing the same, and the Cordage or other Articles, Casks, and other Ves- sels of the Description aforesaid, and also the Vessel or Boat, shall be forfeited. (2) Any Vessel or HI. And be it cuacted. That if any Vessel or Boat Boat arriving whatever shall arrive or shall be found or discovered to (1) For Relaxations of the Rules laid down in this and the next Section as to Spirits, Tea, and Tobacco, see § 4. (2) For the Punishment of Persons found on board such Vessels as are mentioned in this Section, see § 50, 8"" Sc 9" Vict. SMUGGLING. Cap. 87. 107 Vessels and Boats. witliin any Port of the United Kingdom, or of the Isle of Man, having prohi- bited Goods on board or at- tached thereto, forfeited. Proviso. have been within any Port, Harbour, River, or Creek of the United Kingdom, or of the Isle of Man, not being driven thereto by Stress of Weather or other unavoidable Accident, having on board or in any Manner attached thereto, or having had on board or in any Manner attached thereto, or conveying or having conveyed in any Manner within any such Port, Harbour, River, or Creek, any Spi- rits not being in a Cask or other Vessel capable of con- taining Liquids of the Size or Content of Twenty Gallons at the least, or any Tobacco or Snuff not being in a Cask or Package containing Three hundred Pounds Weight of such Tobacco or Snuff at least, or being separated or divided in any Manner within any Cask or Package, or any Tobacco Stalks, every such Vessel or Boat, and such Spirits, Tobacco, Snuff, or Tobacco Stalks, shall be for- feited : Provided always, that if it shall be made appear to the Satisfaction of the Commissioners of Her Majesty's Customs that the said Spirits, Tobacco, Snuff, or Tobacco Stalks were on board without the Knowledge or Privity of the Owner or Master of such Vessel or Boat, and without any wilful Neglect or Want of reasonable Care on their or either of then' Behalves, then and in such Case the said Commissioners shall and they are hereby autho- rized and required to dehver up the said Vessel or Boat to the Owner or Master of the same. (1) IV. And be it enacted. That nothing herein contained Certain Cases shall extend to render any Vessel of the Burden of One '" ^^^!"^!l ^^^' hundred and twenty Tons or upwards liable to For- forfeited for feiture on account of any Tobacco or Snuff coming direct having on board from the East Lidies, and being in Packages each containing Toi)ricco, Snuft, One hundred Pounds Weight of Tobacco or Snuff at least, c^ars.' ^^' ^^ or on account of any Cigars being in Packages each con- taining One hundred Pounds Weight of Cigars at least, or on account of any Tobacco the Produce o^ Mexico, Columbia, the Continent of South America, or of the Islands of Saint Domingo or Cuba, coming direct from those Places respec- tively, or from the Warehouse in any British Possession in America, in Packages each containing Eighty Pounds Weight of Tobacco at least, or on account of any Negro- head Tobacco the Produce of and coming direct from the United States of America, in Packages each containing of (1) See §§ 53. and 54. as to the Penalty upon Persons found on board such Ships. 108 Cap. 87. SMUGGLING. 8" & 9^ Vict. Vessels and Boats. such Tobacco One hundred and fifty Pounds Weight at least, or on account of any Tobacco of the Dominions of the Turkish Empire which may be separated or divided in any Manner witliin the outward Package, such out- ward Package being a Hogshead, Cask, Chest, or Case containing of such Tobacco Three hundred Pounds Weight at least, nor to render any Vessel of Sixty Tons Burden or upwards liable to Forfeiture on account of any Tea, or of any Spirits in Glass Bottles or in Stone Bottles, not exceeding the Size of Quart Bottles, such Tobacco, Snuff, Cigars, Tea, and Spirits being really Part of the Cargo of such Vessel, and included in the Manifest or other Papers of such Vessel enumerating or describing the Cargo thereof, nor to render any Vessel liable to Forfeiture on account of any Spirits, Tea, or Tobacco really intended for the Con- sumption of the Seamen and Passengers on board during theu' Voyage, and not being more in Quantity than is necessary for that Purpose, nor to render any Vessel liable to Forfeiture if really bound from one Foreign Port to another Foreign Port, and pursuing such Voyage, Wind and Weather permitting. (1) Vessels belong- to Her Ma- jesty's Subjects, or having One Half of the Persons on board Subjects of Her Majesty, throwing over- board any Goods during Chase, forfeited, and Persons escaping deemed Subjects. V. And be it enacted. That when any Vessel or Boat belonging in the whole or in part to Her Majesty's Subjects, or having One Half of the Persons on board Subjects of Her Majesty, shall be found within One hundred Leagues of the Coast of the United Kingdom, and shall not bring to upon Signal made by any Vessel or Boat in Her Majesty's Service, or in the Service of the Revenue, hoisting the proper Pendant and Ensign in order to bring such Vessel or Boat to, and thereupon Chase (2) shall be given, if any Person or Persons on board such Vessel or Boat so chased shall, during the Chase, or before such Vessel or Boat shall bring to, throw overboard any Part of the Lading of such Vessel or Boat, or shall stave or destroy any Part of such Lading to prevent Seizure thereof, that then and in such Case the said Vessel or Boat shall be forfeited; and all Persons escaping from such Vessels or Boats, or from any Foreign Vessel or Boat, during any Chase made thereof by any Vessel or (1) For the Restrictions upon the Importation of Spirits, Tea, and Tobacco, see Ca)). 80". § 6;}. (2) For the Punishment upon Persons found on board Vessels from which Part of the Lading is thrown to prevent Seizure, see § 50. S^&g'^ViCT. SMUGGLING. Cap. 87. 109 Boat in Her Majesty's Service, or In the Service of the Vessels and Revenue, shall be deeraed and taken to be Subjects of Her Boats. Majesty, unless it shall be proved to the contrary. VI. And be it enacted. That from and after the passing Certain Vessels of this Act every Vessel not being square-rigged, and ^'■"'" ^hich every Boat, belonging in the whole or in part to Her thrown^over- Majesty's Subjects, or having on board One or more of board to prevent Her Majesty's Subjects, which shall be found or discovered Seizure to be to have been within Four Leagues of that Part of the "^ "^'^ " United Kingdom which is between the North Foreland on the Coast of Kent and Beachj/ Head on the Coast of Sussex, or within Eight Leagues of any other Part of the United Kingdom, from which any Part of the Lading of such Vessel or Boat shall have been thrown overboard, or on board which Vessel or Boat any of the Goods on board shall be staved or destroyed, to prevent Seizure, shall be forfeited. VII. And be it enacted, That in case any Vessel or Vessels to bring Boat liable to Seizure or Examination under any Act *" »" b^^i^g or Law for the Prevention of Smuo-o-lino; shall not brin": *^^*'^'^'^ j'y y^^; , . . c3& o iri sels or Boats ot to when required so to do, on being chased by any Vessel the Navy or in or Boat in Her Majesty's Navy having the proper Pendant l^reventive Ser- and Enslo-n of Her Maiesty's Ships hoisted, or by any ^'':'^;."°* tr IT* 11 1 1 <• -r-» • "^r. bringingto.may V essel or Boat duly employed lor the Prevention of be fired into. Smuggling having a proper Pendant and Ensign hoisted, it shall be lawful for the Captain, Master, or other Person having the Charge or Command of such Vessel or Boat in Her Majesty's Navy, or employed as aforesaid, (first causing a Gun to be fired as a Signal,) to fire at or into such Vessel or Boat ; and such Captain, Master, or other Person acting in his Aid or Assistance, or by his Direc- tion, shall be and he is hereby indemnified and discharged from any Indictment, Penalty, Action, or other Proceeding for so doing. VIII. And be it enacted, That if any Vessel or Boat Vessels In Port whatever shall be found within the Lmiits of any Port of '""'^'^ ^ Cargo, the United Kingdom with a Cargo on board, and such f^uui in'^Ballast Vessel or Boat shall afterwards be found light or in and Cargo un- Ballast, and the Master is unable to give a due Account of ■'^c'^ounted for, the Port or Place within the United Kingdom where such ^°'"^"^^''- Vessel or Boat shall have legally discharged her Cargo, such Vessel or Boat shall be forfeited. 110 Cap. 87. SMUGGLING. S' & 9" Vict. Vessels ajid Boats. IX. And be it enacted, That no Vessel or Boat belong- ing wholly or in part to Her Majesty's Subjects shall sail Rcffulations as fi'om Guernsey, Jersey, Alderney, Sark, or Man without a to Vessels sail- Clearance, whether in Ballast or having a Cargo, and if ingfromGuem- ^yi^j^ Cargo the Master shall give Bond to Her Majesty sey, eisey, I'c. .^^ Double the Value of the Vessel or Boat and of the Cargo for duly landing the same at the Port for Avhich the Vessel clears ; and every such Vessel or Boat not having such Clearance, or which having a Clearance for a Cargo shall be found light or with any Part of her Cargo dis- charged before Delivery thereof at the Port specified in the Clearance (unless through Necessity or for Preserva- tion of the Vessel or Boat, to be proved to the Satisfaction of the Commissioners of Her Majesty's Customs), shall be forfeited. None of Her Majesty's Sub- jects to hoist in their Vessels the Union Jack, or any Pen- dants, &c. usually worn in Her Ma- jesty's Ships, and prohibited to be worn by Proclamalion of 1st January 1801, under a Penalty not exceeding 5007. X. And whereas His late Majesty King George the Third by His Royal Proclamation, bearing Date the First Day of January One thousand eight hundred and one, was pleased, with the Advice of His Privy Council, to order and appoint what Ensign or Colours should be borne at Sea by Merchants Ships or Vessels belonging to any of His Majesty's Subjects of the United Kingdom of Great Britain and Ireland, and of the Dominions thereunto belonging, thereby charging and commanding all His Majesty's Subjects whatsoever that they should not pre- sume to Avear in any of their Ships or Vessels His Majesty's Jack commonly called the Union Jack, nor any Pendants nor any such Colours as are usually worn by His Majesty's Ships, without particular Warrant for their so doing from His Majesty, or His High Admiral of Great Britain, or the Commissioners for executing the Office of Lord High Admiral for the Time being, and also com- manding His Majesty's Subjects that without such Warrant as aforesaid they should not presume to wear on board their Ships or Vessels any Flags, Jacks, Pendants, or Colours made in imitation of or resembling those of Plis Majesty, or any Kind of Pendant whatsoever, or any other Ensign than the Ensign described in the Margin of the said Proclamation ; be it therefore enacted and declared. That from and after the passing of this Act it shall not be lawful for any of Her Majesty's Subjects whomsoever to hoist, carry, or Avear in or on board any Ship, Vessel, or Fishing Boat, or any other Vessel or Boat whatever, whether Merchant or otherwise, belonging to any of Her 6 8"&rViCT. SMUGGLING. Cap. 87. m Majesty's Subjects, Her Majesty's Jack commonly called Vesxeh and the Union Jack, or any Pendant or any such Colours as lioatx. are usually worn by Her Majesty's Ships, or any Flag, Jack, Pendant, or Colours whatever made in imitation of or resembhng those of Her INlajesty, or any Kind of Pendant whatsoever, or any Ensign or Colours whatever, other than those prescribed by the said Proclamation ; and that if any Person or Persons shall nevertheless presume to hoist, carry, or wear in or on board any Ship or Vessel, Fishing Boat, or other Vessel or Boat whatever, belonging to any of Her Majesty's Subjects, whether the same be Merchant or otherwise. Her Majesty's Jack commonly called the Union Jack, or any Pendant or Colours such as are commonly worn by Her Majesty's Ships, or any Jack, Flag, Pendant, or Colours whatever made in imitation of or resembling those of Her Majesty, or any Kind of Pendant whatever, without such Warrant as aforesaid, or any other Ensign or Colours than the Ensign or Colours prescribed by the said Proclamation to be worn, then and in eveiy such Case the Master or other Person having Charge of such Ship, Vessel, or Boat, or the Owner or Owners thereof, being on board the same, and every other Person so offending, shall for every such Offence forfeit and pay a Sum not exceeding Five hundred Pounds, to be recovered, with Costs of Suit, either in the High Court of Admiralty o^ England ^ or in any Vice Admiralty Court in Her Majesty's Colonies, or in any of Her Majesty's Courts of Queen's Bench or Exchequer at Westmiyister or Dublin, at the Suit of Her INIajesty's Attorney General, or in the Courts of Session or Exchequer in Scotland respectively ; and that it shall be lawful for any Officer of Her Majesty's Navy or Marines belonging to any of Her Majesty's Ships, or any Officer of the Customs or Excise, to enter on board any Ship, Vessel, or Boat so hoisting, wearing, or carrying any Jack, Flag, Ensign, Pendant, or Colours prohibited by the said ProclamatioA and by this Act to be hoisted, worn, or carried, and to seize and take away the same, and the same shall thereupon become forfeited. XL And be it enacted. That all Vessels and Boats Vessels and made use of in the Removal, Carriage, or Conveyance of 5"^^® "^"' '" any Goods liable to Forfeiture under this or any other Act Goods^tobe'^'^ relating to the Kevenue of Customs shall be forfeited. forfeited. run 112 Vessels and Boats. Boats of Ves- sels to have thereon the Name of Ves- sel, Port, and Master. Cap. 87. SMUGGLING. 8° & 9"^ Vict. XII. And be it enacted, That the Owner of every Vessel belonging in the whole or in part to any of Her Majesty's Subjects shall paint or cause to be painted, upon the Outside of the Stern of every Boat belonging to such Vessel, the Name of such Vessel, and the Port or Place to which she belongs, and the Master's Name withinside the Transon, in White or Yellow Roman Letters, not less than Two Inches in Length, on a Black Ground, on pain of the Forfeiture of such Boat not so marked, wherever the same shall be found. Boat not be- XIII. And be it enacted, That the Owner of every longing to Ships Boat not belonging to any Vessel shall paint or^cause to be of Owner and painted upon the Stern of such Boat, in White or Yellow Port thereon, Roman Letters of Two Inches in Length on a Black Ground, the Name of the Owner or Owners of the Boat, and the Port or Place to which she belongs, on pain of the Forfeiture of such Boat not so marked wherever the same shall be found. to be painted like Preventive Boats. Vessels and XIV. And be it enacted, That the Owner or Owners Boats used in ^^ every Vessel or Boat employed on the Coasts of the jng to be painted United Kingdom in piloting or fishing shall paint or tar Black, and not every sucli Vcssel or Boat, or cause the same to be painted or tarred, entirely Black, except the Name or other De- scription reqviired by Law to be painted on such Vessel or Boat ; and every such Vessel or Boat found not so painted or tarred, and every Boat so painted as to resemble any Boat usually employed for the Prevention of Smuggling, or in any other Employment in Her Majesty's Service, shall be forfeited: Provided always, that nothing herein contained shall extend to prevent any distinguishing Mark from being placed on any such Vessel or Boat, or to prevent any such Vessel or Boat from being otherwise pfdnted, if the Commissioners of Her Majesty's Customs shall think proper to allow the same, and which shall be so expressed in the Licence of the said Vessel or Boat. British Vessels having secret Places for con- cealing or De- vices for run- ning Goods, and Foreign Ves- sels not square- XV. And be it enacted. That all Vessels and Boats belonging in the Avhole or in part to Her Majesty's Sub- jects having false BuU^heads, false Bows, double Sides or Bottoms, or any secret or disguised Place whatsoever in the Construction of such Vessels or Boats adapted for the Purpose of conceaUng Goods, or having any Hole, Pipe, 4 8'' 8i 9' \icr. SMUGGLING. Cap. 87, 113 l^es.teh mill lioatx. Places, for- feited. or other Device in or about such Vessels^ or Boats adapted for the Purpose of running Good^, sliall l)e forfeited, with all the Guns, Furniture, Amnuuiition, Tackle, and Apparel rijTrrcd iiavinj,' belonging to such Vessels or Boats ; and that all Foreign Goods in secret Vessels or Boats not being square-rigged coming to or arriving at any Port of the United Kingdom having on board any Goods liable to the Payment of Duties, or pro- hll)ited to l)e Imported into the United Kingdom, concealed in false Bulkheads, false Bows, double Sides or Bottoms, or in any secret or disguised Place whatsoever in the Con- struction of such last-mentioned Vessels or Boats, shall l)e forfeited. XVI. And be it enacted. That all Vessels belonging in the whole or in part to Her ^lajcsty's Subjects, not being square-rigged or pi-opelled by Steam, and all Vessels belonging as aforesaid, whether propelled by Steam or otherwise, being of the Burden of One hundred and seventy Tons or less, of which the Length is to the Breadth in a greater Proportion than Three Feet Six Inches to One Foot, and all such last-mentioned Vessels carrying Arms for Resistance, and all Vessels of the Burden of One hun- dred and seventy Tons or more, belonging as aforesaid, armed with more than Two Carriage Guns of a Calibre exceeding Four Pounds, and with more than Two Muskets for every Ten Men, and all Boats, belonging as aforesaid, which shall be found within One hundred Leagues of the Coast of the United Kingdom, shall be forfeited, unless the Owners thereof shall have obtained a Licence from the Commissioners of Her Majesty's Customs in the Manner herein-after described. XVII. And be it enacted. That every Vessel or Boat belonging in the whole or In part to Her Majesty's Sub- jects, or whereof One Half of the Persons on l)oard shall l)e Subjects of Her Majesty, (not being a Lugger, and at the Thne fitted and rigged as such,) which shall be navi- gated by a greater Number of Men (Officers and Boys included) than in the following Proportions ; (that is to say,) If of Thirty Tons or under, and above Five Tons, Four INIen ; if of Sixty Tons or under, and above Thirty Tons, Five Men ; if of Eighty Tons or under, and above Sixty Tons, Six Men ; if of One hundred Tons or under, and above Eighty Tons, Seven Men ; and al)ove that Licences. Vessels reqiiir- Ln;r .a Licence. Vessels anorn as such, may act as well without the Limits of any Parish, Ville, or other Place lor which he shall be so sworn as within such Limits. XLI. And be it enacted, That all Writs of Assistance Duration of so issued from the Court of Exchequer as aforesaid shall \^ ''"^ "^ ^'" continue and be 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. XLII. And be it enacted. That it shall be lawful for Officers of any Officer of Customs or Excise, or other Person acting Customs or in his or their Aid or Assistance, or duly employed for probabl'"c;iuse the Prevention of Smuggling, upon reasonable Sus])icion, stop Carts, See, to stop and examine anv Cart, Waggon, or other ]\Ieans '''"'' ^''arch for of Conveyance, for the Purpose of ascertaining whether any smuggled Goods are contained therein ; and if no such Goods shall Ite found, then and in such Case the Ofiiccr or other Person so stopping and examining such 122 Vesu'U and Guilds, Cap. 87. SMUGGLING. 8" & 9" Vict. Cart, Waggon, or other Conveyance, having had probable Cause to suspect tliat such Cart, Waggon, or other Con- veyance had snuiggled Goods contained therein, shall not, on account of such Stoppage and Search, be liable to any Prosecution or Action at Law on account thereof; and all Persons driving or conducting such Cart, Waggon, or other Conveyance, refusing to stop when I'cquired so to do in the Queen's Name, shall forfeit the Sum of One hundred Pounds. Police Officers seizing Goods to carry thein to the Ciistoin House Ware- house. XLIII. And be it enacted, That if any Goods subject or liable to Forfeitiu'c uuder this or any other Act relating to the Customs shall be stopped or taken 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 or taken, and there delivered to the proper Officer appointed to receive the same, within Forty-eight Hoiu's after the said Goods were stopped and taken. Goods stopped by Police Offi- cers may be retained luitil Trial of Per- sons charged with stealing them. XLIV. And be it enacted, That if any such Goods shall be stopped or taken by such Police Officer on Sus- picion that the same had been feloniously stolen, it shall be lawful for the said Officer to carry the same to the Police Office to which the Offender is taken, there to remain until and in order to be produced at the Trial of the said Offender ; and in such Case the Officer is required to give Notice in Writing to the Commissioners of Her Majesty's Customs of his having so detained the said Goods, with the Particulars of the same ; and iinmediately after the Trial of such Offender all such Goods shall be conveyed to and deposited in the Custom House Ware- house as aforesaid, to be proceeded against according to Law ; and in case any Police Officer making Detention of any such Goods shall neglect to convey the same to such Warehouse, or to give the Notice of having stopped the same as before described, such Officer shall forfeit the Sum of Twenty Pounds. Commissioners of Treasury, or Commissioners of Customs or Excise, mav XLV. And be it enacted, That it shall and may be lawful for the Commissioners of Her Majesty's Treasury, or any Three or more of them, for the Time being, or for the Commissioners of Her Majesty's Customs or Excise, 8^ & 9^ Vict. SMUGGLING. Cap. 87. J 23 by any Order made for that Purpose (1) under their I'esseh ami Hands, to direct any Vessel, Boat, Goods, or Commodities (Jouds. whatever seized under this or any Act relating to the icstore Seizure: Customs or Excise, or to the Trade or Navigation of and mitigate or the United Kingdom, or to any of Her Majesty's Posses- »■«'"'' Punish- sions abroad, to be delivered to the Px'oprietor or Pro- pe,"aitk" prietors thereof, whether Condemnation shall have taken place or not, and also to mitigate or remit any Penalty or Fine, or any Part of any Penalty or Fine, incvuTed under any such Act as last aforesaid, or to release from Confine- ment any Person or Persons committed under this or any Act relating to the Customs, on such Terms and Con- ditions as to them respectively shall appear to be proper : Provided always, that no Person shall be entitled to the Benefit of any Order for such Delivery, Mitigation, Re- mission, or Release, unless such Terms and Conditions are lully and effectually complied with. XLVI. And be it enacted. That every Person who Penalties. shall, either in the United Kingdom or the Isle of Mem, ^ unship or assist or be otherwise concerned in the unshipping pi",^°har{,"fiir!'' of any Goods which are prohibited to be imported into the ingfor having United Kingdom or into the, Isle of Mav, or the Duties Custody of any for which have not been paid or secured, or who shall [Incustomecr knowingly harbour, keep, or conceal, or shall knowingly Goods to forfeit permit or suffer to be harboured, kept, or concealed, any the Value, or Goods which shall have been illegally unshipped Avithout ^°°' Payment of Duties, or which shall have been illegally removed, without Payment of the same, from any Ware- house or Place of Security in which they may have been deposited, or any Goods prohibited to be imported, or to be used or consumed in the United Kingdom or in the Isle of Man, and every Person, either in the United Kingdom or in the Isle of Man, to whose Hands and Possession any such prohibited or uncustomed Goods shall knowingly come, or who shall assist or be in anywise concerned in the illegal Removal of any Goods from any Warehouse or Place of Secuiity in which they shall have been deposited as aforesaid, shall forfeit either the Treble Value thereof, or the Penalty of One hundred Pounds, at the Election of the Commissioners of Her Majesty's Customs. (n fJce Cnp. S6'. §§ 147, \Vc. 124 Cap. 87. SMUGGLING. 8^ & 9" Vict. Penalties. XLVII. Aiicl bc it eiiactccl and declared, That in all "vT . • Gases where any Penalty, the Amount of which is at any to be ascer- Time to bc determined by the Value of any Goods, is tiiined. directed to be sued for vmder any Act relating to the Customs or Excise, such Value shall, as regards Pro- ceedings in any of Her ISIajesty's Courts of llecord at Westmhister, Dublin, or Edinhurijh, or in the Royal Courts of Guernsey, Jersey, Aldcrney, Surh, or Man, be estimated and taken according to the Rate and Price which Goods of the like Sort or Denomination of the best Quality, and upon which the Duties of Importation shall have been paid, were sold for in London, Dublin, Edhihuryh, or at the Islands of Guernsey, Jersey, Alderney, Sark, or Man respectively at or about the Time of the Commission of the Offence (as the Penalty may have been incurred in England, Ireland, Scotland, or at any of the said Islands respectively), and that as regards Proceedings before Magistrates such Value shall bc estimated and taken in the like Manner according to the Rate and Price for which such Goods were sold in some Town at or near to the Place where the Offence shall have been committed. reisoiis insur- XLVII I. And be it enacted. That every Person who, iiig the DeUver}' |jy -^y^y q£ Insurance or otherwise, shall undertake or agree iincustoiiicd ^^ deliver any Goods to bc imported from Parts beyond (ioods tofoiilit the Seas into any Port or Place in the United Kingdom "^00/. without paying the Duties due thereon on such Import- ation, or any prohibited Goods, or who, in pursuance of such Insurance or otherwise, shall deliver or cause to be delivered any uncustomed or prohibited Goods, and every Aider or Abettor of such Person, shall for every such Offence forfeit the Sum of Five hundred Pounds, 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 conveying of such Goods, or shall receive or take such Goods into his Custody or Possession, or suffer the same to bc so received or taken, shall also forfeit Five hundred Pounds, over and above any Penalty to which by Law he may be liable on account of such Goods. I'ersoiisofieiinn- XLIX. And bc it cuactcd, That if any Person or Goods for Sale Persons shall offer for Sale any Goods under pretence that vinder pretence ^\y^ sauic ai'c prohibited or liavc been luishippod and riui mohibitcd! ^^^ sliorc witliout Payment of Duties, that then and in such 8°&9«ViCT. SMUGGLING. Cap. 87. 125 Case all such Goods (although not liable to any Duties or PenuiHeg. prohibited) shall be forfeited, and the Person or Persons, and every of tlieni, offering the same for Sale shall forfeit the Treble Value of such Goods, or the Penalty of One liundred Pounds, at the Election of the Commissioners of Her Majesty's Customs. L. And be it enacted, That every Person, being a Persons found Subject of Her Majesty, who shall be found or discovered ">" tliscovcred to to have been on board any Vessel or Boat liable to For- jil^ird^ vessels feiture under this or any Act relating to the Customs for liable to For- being found or discovered to have been within any of the feiture for being Distances in this Act mentioned from the United King- ^"""'1 "'j^'"", 1 r- ^ T 7 /• /, r 1 ' ^ i • certaui Limits dom or irom the Isle of 3ian, liavmg on board or ni any of the Coast, Manner attached thereto, or having had on board or in subject to be any Manner attached thereto, or conveying or havino; committea to •^ , . Ti r 1 V>i 1 nil • 1 • ^ '''"^' House ot conveyed m any Manner, such (jroocls or Ihmgs as subject Correction. such Vessel or Boat to Forfeiture, or who shall be found or discovered to have been, within any such Distances as aforesaid, on board any Vessel or Boat from which any Part of the Cargo or Lading of such Vessel or Boat shall have been thrown overboard, or staved or destroyed, to prevent Seizure, and every Person, not being a Subject of Her Majesty, who shall be found or discovered to have been on board any Vessel or Boat liable to Forfeiture for any of the Causes last aforesaid within One League of the Coast of the United Kingdom or of the Isle of Slan, shall, upon being duly convicted of any of the said Offences before any Two Justices of the Peace, be adjudged by such Justices for the First of such Offences to be im- prisoned in any House of Correction, and there kept to hard Labour for any Term not less than Six nor greater than Nine Calendar Months, and for the Second of such Offences for any Term not less than Nine nor greater than Twelve Calendar Months, and for the Third or any sub- sequent Offence for Twelve Calendar INIonths ; and it shall be lawful for any Officer or Officers of the Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, and on Full Pay, or any Officer or Officers of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and he and they is and are hereby authorized, empowered, and required to detain every such Person, and to take such Person before any Justice of the Peace in the United Kingdom or in the Isle of Man, to be dealt with 12G Cap. 87. SMUGGLING. 8*^ & 9" Vict. Penalties. Persons unship- ping, or con- cerned in the carrying away or concealing, Spirits or To- bacco, to forfeit 100/., and may be detained. Persons carry- ing, &c. Tea or manufactured Silk, to forfeit Treble the Value, and to be liable to Detention. as herein-after directed (1) : Provided always, that any such Person proving to the Satisfaction of any Justice or Justices before Avhom he may lie brought that he was only a Passenger in such Vessel or Boat, and had no Interest whatever either in the Vessel or Boat, or in the Cargo, or any Goods on board the same, shall be forthwith discharged by such Justice or Justices. LI. And be it enacted. That every Person whatsoever who shall unship, or be aiding, assisting, or concerned in the tuishipping of any Spirits or Tobacco liable to For- feiture under this or any other Act relating to the Customs or Excise, either in the United Kingdom or in the Isle of Man, or who shall carry, convey, or conceal, or be aiding, assisting, or concerned in the carrying, conveying, or concealing of any such Spirits or Tobacco, shall forfeit for such Offence the Sum of One hundred Pounds ; and every such Person may be detained by any Officer or Officers of Her Majesty's Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, and on Full Pay, or by any Officer or Officers of Customs or Excise, or other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and taken before any Justice of the Peace in the United Kingdom or in the Isle nf Man, to be dealt with as herein- after directed. (2) LI I. And be it enacted. That every Person whatsoever who shall unship, or be aiding, assisting, or otherwise concerned in the unshipping of any Tea or Foreign manu- factured Silk of the Value of Twenty Pounds liable to Forfeiture under any Act relating to the Customs or Excise, or who shall carry, convey, or conceal, or be aiding, assisting, or concerned in the carrying, conveying, or con- cealing of such Tea or Silk, shall forfeit for every such Offence Treble the Value thereof; and every such Person shall and may be detained by any Officer or Officers of Her Majesty's Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, and on Full Pay, or by any Officer or Officers of Customs or Excise, or by any other Person acting in liis or their Aid or Assistance, or duly employed for the Prevention of Smuggling, and taken before any Justice of the Peace (I) See Sections 57. and 88. (2) See Sections .57. and 88. 8^&rViCT. SMUGGLING. Cap. 87. 127 in the United Kingdom or tlie Isle of Man, to be dealt Femdties. with as herein-nfter directed (1) : Provided always, that it '■ shall and may be lawful for such Person so detained to give Security in Treble the Amount of the Goods seized by Recognizance or otherwise, to the Satisfliction of such Justice of the Peace, to appear at a Time and Place to be by him appointed. LIII. And be it enacted, That every Person who shall Persons found be found or discovered to have been on board any Vessel havc\^een'on *" or Boat liable to Forfeiture under this or any Act or Acts board Vessels relating to the Customs for being found or discovered to fo"" Goods; or unshipping, or carrying, conveyuig, or conceaimg, any Goods which are prohibited to be imported, or the Duties for which have not been paid or secured, and that every or obstructing Person who shall obstruct any Officer or Officers of the <^ffi'^t»s in the Army, Navy, or Marines, being duly employed for the theh-^ Duty.*' Prevention of Smuggling, and on full Pay, or any Officer or Officers of Customs or Excise, or any Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, in the Execution of his or their Duty, or in the due seizing of any Goods liable to For- feiture by this Act, or any other Act or Acts relating to the Customs, or who shall rescue or cause to be rescued any Goods which have been duly seized, or who shall attempt or endeavour to do, or who shall before or at or after any Seizure stave, bi'cak, or otherwise destroy any Goods to prevent the Seizure thereof or the securing the same, shall, upon being duly convicted of any of the said Offences before any Two Justices of the Peace, be ad- to be sent to judged by such Justices for the First OffiDnce to be irapri- ^^ House of soned in any House of Correction, and tliere kept to hard j^^^d Labour, Labour for any Term not less than Six nor greater than Nine Calendar Months, and for the Second Offence for any Term not less than Nine nor greater than Twelve Calendar Months, and for the Third or any subsequent Offence for Twelve Calendar Months*. LVII. And be it enacted. That whenever any Person Authorizing shall have been detained and taken before any Justice of Magistrates to the Peace for being found or discovered to have been on ^[^t^^^ of' board any Vessel or Boat within any Port, Harbour, Smugglers in River, or Creek of the United Kingdom or of the Isle of certain Cases Man, such Vessel or Boat having on board or having had Qrder^from the on board Spirits or Tobacco in such Casks or Packages as Board of Cus- would, under this or any other Act relating to Customs, toms. subject the same to Forfeiture, or for unshipping, or for aiding, assisting, or being concerned in the unshipping of any Spirits or Tobacco liable to Forfeiture under this or any other Act relating to the Customs or Excise, or for carrying, conveying, or concealing, or for aiding, assisting, K 130 Penalties. Cap. 87. SMUGGLING. 8° & 9^^ Vict. or being concerned in the carrying, conveying, or conceal- ing of any sucli Spirits or Tobacco, and it sliall appear to such Justice that the Quantity of Spirits in respect of which such Person has been so detained does not exceed One Gallon, or that the Quantity of Tobacco in respect of which such Person has been so detained does not exceed Six Pounds Weight, it shall and may be lawful for such Justice and he is hereby authorized to proceed sum- marily upon the Case without any Information, and although no Direction shall have been given by the Com- missioners of Her Majesty's Customs, and to convict such Person of such Offence, and to adjudge that such Person shall, in lieu of any other Penalty, forfeit any Sum of Money not exceeding Five Pounds, and in default of Pay- ment of such Sum of Money to commit such Person to any of Her Majesty's Gaols for any Time not exceeding One INIonth. Where Persons are taken before a Justice for any Offence under any Act relating to the Customs, such Justice inay order them to be detained a reasonable Time. LVIII. And whereas it is expedient that Time should be allowed to obtain the Order of the Commissioners of Customs or Excise as herein-after directed (1), and also to prepare Informations, Convictions, and Warrants of Com- mitment ; be it enacted. That when any Person or Persons shall have been detained by any Officer or Officers of the Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, and on Full Pay, or by any Officer of Customs or Excise, or any Person or Persons acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, for any Offence against this or any other Act or Acts relating to the Customs, and shall have been taken before any Justice of the Peace, if it shall appear to such Justice that there is reasonable Cause to detain such Person or Persons, such Justice may and he is hereby authorized and required to order such Person or Persons to be detained a reasonable Time, and at the Expiration of such Time to be brought before any Tavo Justices of the Peace, who are hereby authorized and required finally to hear and determine the Matter. Any Person LIX. And be it enacted. That if any Person or Per- hable to be ^ g^^-^g Uq^jjIq ^q \yQ cletained under the Provisions of this or his Escape may ^^J Other Act relating to the Customs shall not be detained afterwards be at the Time of SO Committing the Offence for which he or detained by any ^]jgy 'g ^j, ^^q ^^ liable, or after Detention shall make his (1) See § 1'2G. 8° & 9° Vict. SMUGGLING. Cap. 87. 131 or their Escape, it shall and may be lawful for any Officer Penalties. or Officers of the Army, Navy, or Marines, being duly ; — - employed for the Prevention of Smuggling, and on Full Customs. Pay, or for any Officer of Customs or Excise, or any other Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, to detain such Person so liable to Detention as aforesaid at any Time afterwards, and to take him before any Justice of the Peace, to be dealt with as if detained at the Time of committing the said Offence. (1 ) LX. And be it enacted, That no Person shall, after Persons making Sunset and before Sunrise, between the Twenty-first Day Signals to of September and the First Day of April, or after the Hour Vessels at Sea of Eight in the Evening and before the Hour of Six in the may be de- Morning at any other Time in the Year, make, aid or een 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 Customs, or in the pi'cventing the Apprehension of any Person who shall have been guilty of such Offence, or in case any Persons, to the Number of Tliree or more, so armed as aforesaid, shall, within the United 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 shall be liable, 8' & O'^ Vict. SMUGGLING. Cap. 87. 133 at the Discretion of the Court before which he shall be Felonies. convicted, to be transported beyond the Seas for tlie Term of the natriral Life of such Person, or for any Term not less than Fifteen Years, or to be imprisoned for any Term not exceeding Three Years. LXIV. And be it enacted. That if any Person shall Persons shoot- maliciously shoot at any Vessel or Boat belonging to Her Majesty's Navy, or in the Service of the lievenue, within One hundred Leagues of any Part of the Coast of the United Kingdom, or shall maliciously shoot at, maim, or dangerously wound any Officer of the Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, 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, l.>e adjudged guilty of Felony, and shall be liable, at the Discretion of the Court before wliich he shall be convicted, to be transported beyond the Seas for the Term of the natural Life of such Person, or for any Term not less than Fifteen Years, or to be iminusoned for any Term not exceeding Three Years. at any Boat belonging to the Navy, or in the Service of the Revenue, deemed guilty of Felony. LXV. And be it 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 I'clating to the Customs or Excise, or in company with One other Person, within Five Miles of the Sea Coast, or of any navigable Elver leading therefrom, with such Goods, and 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 transjiorted as a Felon for the Term of Seven Years. Any Person in company with more than Four others having Goods liable to Forfeiture, or with One otiier armed or dis- guised, guilty of Felony. LXVI. And be it enacted. That if any Person shall by officers. Force or Violence assaidt, resist, oppose, molest, hinder, or obstruct any Officer of the Army, Navy, or Marines, j^^ officers by' being duly employed for the Prevention of Snuiggling, Force or Vio- and on Fiill Pay, or any Officer of Customs or Excuse, or i^"'^^ may be •^ "^ o ti ansported. K o 134 Officers. Cap. 87, SMUGGLING. 8" & 9" Vict. other Person ueting in Ins 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 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. shore without being liable to any Action for so doing. Commanding LXVII. And be it enacted. That it shall and may Officers of Ves- j^q lawful to and for the Commanding Officer for the vice may haul Time being of any Vessel or Boat employed for the their Vessels on Prevention of Smuggling to haul any such Vessel or Boat upon any Part of the Coasts of the United King- dom, or the Shores, Banks, or Beaches of any River, Creek, or Inlet of the same (not being a Garden or Pleasure Ground, or Place ordinarily used for any Bathing Macliine or Machines,) which shall be deemed most con- venient for that Purpose, and to moor any such Vessel or Boat on such Part of tlie aforesaid Coasts, Shores, Banks, and Beaches below High-water Mark, and over which the Tide flows on ordinary Occasions, and to con- tinue such Vessel or Boat so moored as aforesaid for such Time as the said Commanding Officer shall deem necessary and proper; and such Commanding Officer, or Person or 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 notwithstanding;. Coasts of the United King- dom witiiout being liable to Action. Officers of the LXVIII. And be it enacted. That it shall be lawful to ,tt™ol'the ■ '"''^ ^^^"^ fo^' •'^"y O^fiQX of the Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, and on Full Pay, or for any Officer of Customs or Excise, or any Person acting in his or their Aid or Assistance, or duly employed for the Prevention of Smuggling, when on Duty to patrol upon and pass freely along and over any Part of the Coasts of the United Kingdom, or the Shores or Banks of any River, Creek, or Inlet of the same, (not being a Garden or Pleasure Ground,) and any such Officer or Person so patrolling shall not be liable to any Indictment, Action, or Suit for so doing, any Law, Statute, Custom, or Usage to the contrary notwithstanding. 8 8" & 9'^ Vict. SMUGGLING. Cap. 87. 135 LXIX. And be it enacted, That in all Cases when Offices. any Officer or Seaman employed in the Service of the ofp^JjiTTf Cnstoms or Excise shall be killed, manned, wonnded, or xvounded in the in any way injnred in the due Execution of his Office, or Service of the if any Person acting in his iVid, or duly employed for the <^"''to'n«' *« ^^ , provided for, mamied, &e. Prevention of Smuggling, shall be so killed, wounded, or in any way injured while so aiding such Officer or Seaman, or so employed, it shall and may be lawful for the Commissioners of Her Majesty's Customs and Excise i-espectively 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 1)e authorized and empowered to do by Warrant from the Commissioners of Her Majesty's Treasury for the Time being. LXX. And be it enacted, That all Vessels and Boats Vessels and and all Goods whatsoever which shall have been seized and ^° ^e^dk- condemned for Breach of any Law relating to the Customs posed of as shall be disposed of, as soon as conveniently may be after Commissioners the Condemnation thereof, in such IVlanner as the Com- ""^ Customs missioners of Her Majesty's Customs shall direct. direct. Rewards. LXXI. And be it enacted. That it shall and may be lawful for the Commissioners of Her Majesty's Customs, j^cwards to and they arc hereby authorized and empowered, to award Officers for to any Officer or other Person detaining any Person liable ^''''"*- to the former Conviction. XCIV. And be it enacted and declared. That where ^y'^^l^^^^^ any Person being a married Woman shall be con- be^Vnimlttod victed before Two Justices of the Peace of any Offence to Prison, against this or any other Act relating to the Customs, such Person shall, in default of paying any Penalty which she may have incurred, be liable to be committed to Prison. XCV. And be it enacted. That in case any Offence Offences on shall be committed upon the High Seas against this or ^,^^ ^^'fh Seas ClGGniGCl to iltlVG any other Act relating to the Customs, or any Penalty or jjgen committed Forfeiture shall be incuri'ed upon the High Seas for any at the Place Breach of such Act, such Offence shall, for the Purpose 'offemi'^eHs''''' of Prosecution, be deemed and taken to have been com- i„oue made in like Manner by the Agent, Attorney, or Solicitor by whom such Claim or Appearance shall be entered that he has L 1 152 Cap. 87. SMUGGLING. 8" & 9° Vict. Jurhdiction. full Powcr and legal Authority and Directions from such Owners or Proprietors to enter such Claim or Appearance, and that to the l)est of his Knowledirc and Belief such Vessel, Boat, or Goods were at the Time of the Seizure thereof bondjide and truly the real Property of the Person or Persons in whose Name or Names such Claim or Ap- j)earance is entered ; and on failure thereof the Vessel, Boat, or Goods shall be absolutely condenmed, and Judg- ment shall be entered thereon by Default, according to the usual Method of Proceedings of the Court, in the same Manner as if no Claim or Appearance had been entered into ; and every Person who shall be convicted of making or taking a false Oath to any of the Facts herein-before directed or required to be sworn shall 1)6 deemed guilty of Perjury, and shall be liable to the Pains and Penalties to Avhich Persons are liable for wilful and corrupt Perjury. Owners to give CXV. And be it enacted. That upon the Entry of any Security tor Claim to any Boat or Vessel or to any Goods seized for Costs occasioned r'-m/'-^ d \ by the Claim any Causc 01 -C oriciture, or ot any ApiJcarance to any or Appearance. Information filed for such Forfeiture, the Person or Per- sons who shall enter such Claim or Appearance as the Owner or Proprietor thereof (in case such Claimant shall reside in the United Kingdom) shall be bound, with Two other sufficient Sureties, in the Penalty of One hundred Pounds, to answer and pay the Costs occasioned by such Claim or Appearance; and if such Owner or Proprietor shall not reside in the United Kingdom, then and in such Case the Attorney or Solicitor by whose Direction such Claim or Appearance shall be entered shall in hke Manner be bound, with Two other sufficient Sureties, in the like Penalty, to answer and pay the Costs occasioned by such Claim or Ap[)earance. If Suit brou;.'lit CXVI. And bc it enacted. That in case any Infonna- on account of ^j^^^ qj. t^^jj; shall bc Commenced or brought to Trial on Seizure, and the . i? ■ i o • c T^ i "D i. n J Judcre shall accouut 01 the Scizurc ot any V essel, Jooat, or (jroocis, certify that Merchandizes or Commodities whatsoever, or any Horses there was pro- ^yy. Q^her Auimals, or any Carriage seized as forfeited by Pkintiffto have ^hls Or any Act relating to the Customs, wherein a Ver- •2d. Damages, dict shall be found for the Claimant thereof, and it shall and Defendant appear to tliB Judgc or Court bcforc whom the same shall than i». ^ have been tried that there was a probable Cause of Sciziu-e, such Judge or Coiu't shall certify on the Record that there was such probable Cause, and in such Case the 7 8° & 9^ Vict. SxMUGGLING. Cup. 87. 153 Person or Persons who made such Seizure shall not be jurisdiction. liable to any Action, Indictment, or other Suit or Prose- cution on account of such Seizure ; and in case any Action, Indictment, or other Suit or Prosecution shall be com- menced and brought to Trial against any Person or Per- sons whomsoever on account of any such Seizure as aforesaid, wherein a Verdict shall be given against the Defendants or Defendant, if the Court or Judge before whom such Information or Suit shall have been tried shall have certified on the said Record that there was a probable Cause for such Seizure, then the Plaintiff, besides the Things seized or the Value thereof, shall not be entitled to above Two-pence Damages, nor to any Costs of Suit, nor shall the Defendant or Defendants in such Prosecution be fined above One Shilling. CXVII. And be it enacted. That no Writ shall be sued No Process to out against, nor a Copy of any Process served upon, any J^*-' ^ued out Officer of the Army, Navy, Marines, Customs, or Excise, or officer makiiv against any Person acting under the Direction of the Com- Seizure until missioners of Her Majesty's Customs, for any thing done ^^"^ Calendar in the Execution of or by reason of his Office, until One after Notice Calendar Month next after Notice in Writing shall have given, been delivered to him, or left at his usual Place of Abode, by the Attorney or Agent for the Party who intends to sue out such Writ or Process as aforesaid, in which Notice shall be clearly and explicitly contained the Cause of Action, the Name and Place of Abode of the Person who is to bring such Action, and the Name and Place of Abode of the Attorney or Agent ; and that a Fee of Twenty Shillings shall be paid for the pi'eparing and serving of every such Notice, and no more. CXVIII. Provided always, and belt enacted, That no No Evidence Plaintiff in any Case when an Action shall be grounded '« ^'^ adduced on any such Act done by the Defendant shall be permitted tainedTn thr"' to produce any Evidence of the Cause of such Action, Notice. except such as shall be contained in the Notice to be given as aforesaid, or shall receive any Verdict against such Officer or Person, unless he shall [)rove on the Trial of such Action that such Notice was given ; and in default of such Proof the Defendant in such Action shall receive a Verdict, with Costs, as herein-after mentioned. CXIX. And be it enacted, That it hliali and may be Officer may lawful to and for any such Officer or other Person to tcidei Amende.. 154 Cap. 87. SMUGGLING. 8° & 9° Vict. Jurisdiction, wliom sucli Notlce shall have been given as aforesaid, at any Time within One Calendar Month after such Notice shall have been given, to tender Amends to the Party complaining, or his, her, or their Agent or Attorney, and in case the same is not accepted to plead such Tender in bar to any Action to be brought against him grounded on such Writ or Process, together with the Plea of Not Guilty, and other Pleas, with Leave of the Court ; and if, upon Issue joined thereon, the Jury shall find the Amends so tendered to have been sufficient, then they shall give a Verdict for the Defendant ; and in such Case, or in case the Plaintiff shall become nonsuited, or discontinue his, her, or their Action, or in case Judgment shall be given for such Defendant upon Demurrer, then such Defendant shall be entitled to tlie like Costs as he would have been entitled to in case he had pleaded the General Issue only ; but if upon Issue joined the Jury shall find that no Amends were tendered, or that the same were not suffi- cient, or shall find against the Defendant in such other Plea or Pleas, then they shall give a Verdict for the Plaintiff, and such Damages as they shall think proper, together with his, her, or their Costs of Suit. Officer ncg- CXX. And be it enacted. That in case such Officer or lecting to other Person as aforesaid shall neolect to tender any tdiQGr Amends may pay ivioney Amends, or shall have tendered insufficient Amends, be- into Court. fore the Action brought, it shall and may be lawful for him, by Leave of the Court in which such Action shall be brought, at any Time before the Trial of the said Action, to pay into Court such Suras of JNIoney as he shall see fit, whereupon such Proceedings, Orders, and Pay- ments shall be had, made, and given in and by such Court as in other Actions Avhere the Defendant is allowed to pay Money into Court. Action to be CXXI. And be it enacted. That if any Action or Suit with^n'^Six shall be brought or commenced as aforesaid such Action Months next or Suit shall be brought or commenced Avithin Six Months after Cause of next after the Cause of Action shall have arisen, and not afterwards, and shall be laid and tried in the County or Place where the Cause of Action is alleged to have occurred, and not in any other County or Place ; and the Defendant or Defendants shall and may plead the General Issue, and giv^e the special INIatter in Evidence, at any Trial had thereupon ; and if the Plaintiff or Plaintiffs shall become nonsuited, or discontinue his, her, or their Action Action has 8° & 9" Vict- SMUGGLING. Cap. 87. 155 or Suit, or if upon a Verdict or Demurrer Judgment shall jurisdiction. be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall be entitled to Treble Costs, and have such Remedy for recovering the same as any Defendant or Defendants can or may have in other Cases where Costs are given by Law. CXXII. And be it enacted, That whenever any Per- Judges of the son shall be charged with any Offence against this or any Q"'^';"'^ Bench Act relating to the Customs for which he or she may be ™nts'for%pre- prosecuted by Indictment or Information in Her Majesty's hending OfFen- Court of Queen's Bench, and the same shall be made j!''5PJ°^^^"^f appear to any Judge of the same Court, by Affidavit or J^ infonnatlon. by Certificate of an Information or Indictment being filed against such Person in the said Court for such Offence, it shall and may be lawful for such Judge to issue his Warrant under his Hand and Seal, and thereby to cause such Person to be apprehended and brought before him or some other Judge of the same Court, or before some One of Her jNlajesty's Justices of the Peace, in order to his or her being bound to the Queen's Majesty, with Two suffi- cient Sureties, in such Sum as in the said Warrant shall be expressed, with Condition to appear in the said Court at the Time mentioned in such Warrant, and to answer all and singular Indictments or Informations for any such Offence ; and in case any such Person shall neglect or refuse to be- Persons nee- come bound as aforesaid it shall be lawful for such Judge or Iwting to give Justice respectively to commit such Person to the Com- J^^'l "lay be mon Gaol of the County, City, or Place where the Offence Gaol, shall have been committed, or Avherc he or she shall have been apprehended, there to remain until he or she shall become bound as aforesaid, or shall be discharged by Order of the Court in Term Time, or of One of the Judges of the said Court in Vacation ; and the Recogni- zance to be thereupon taken shall be returned and filed in the said Court, and shall continue in force until such Person shall have been acquitted of such Offence, or in case of Conviction shall have received Judgment for the same, unless sooner ordered by the Court to be discharged ; and that where any Person, either by virtue of such War- Indictments or rant of Commitment aforesaid, or by virtue of any Writ inform;!tions of Capias ad respondendum issued out of the said Court, ^irti;e*^Gader is now detained or shall hereafter be committed to and and if Offender detained in any Gaol for Want of Bail, it shall be lawfid "^'k''?'^^! to «P- for the Prosecutor of any such Indictment or Information I'ro'secutor may 156 Jurisdiction. enter Plea of Not Guilty, If upon Trial the Party is acquitted, the Judge may dis- cliarge him out of Custody. When Recog- nizince is given, and the Party shall not plead, a Copy of the Information or Iiuiictment may be delivered to his Attorney. Cap. 87. SMUGGLING. 8" & D^ Vict. to cause a Copy thereof to be delivered to «uch Person, or to the Gaoler or Keeper or Turnkey of the Gaol wherein such Person is or shall be so detained, with a Notice thereon endorsed, that unless such Person shall, within Eight Days from tlie Time of such Delivery of a Copy of the Indictment or Information as aforesaid, cause an Appearance and also a Plea or Demurrer to be entered in the said Court to such Indictment or Information, an Appearance and the Plea of Not Guilty will be entered thereto in the Name of such Person ; and in case he or she shall thereupon, for the Space of Eight Days after the Delivery of a Copy of such Indictment or Information as aforesaid, neglect to cause an Appearance and also a Plea or Demurrer to be entered in the said Court to such Indictment or Information, it shall be lawful for the Prosecutor of such Indictment or Information, upon Affidavit being made and filed in the Court of the Delivery of a Copy of such Indictment or Information, with such Notice endorsed thereon as aforesaid, to such Person, or to such Gaoler, Keeper, or Turnkey, as the Case may be, which Affidavit may be made before any Judge or Commissioner of the said Court authorized to take Affidavits in the said Court, to cause an Appearance and the Plea of Not Guilty to be entered in the said Court to such Indictment or Information for such Person, and such Proceedings shall be had thereupon as if the Defendant in such Indictment or Information appeared and pleaded Not Guilty, according to the usual Course of the said Court ; and that if upon Trial of such Indict- ment or Information any Defendant so committed and detained as aforesaid shall be acquitted of all the Offijnces therein charged upon him or her, it shall be lawful for the Judge before whom such Trial shall be had, although he may not be One of the Judges of the said Court of Queen's Bench, to order that such Defendant shall be fortliAvith discharged out of Custody as to his or her Commitment as aforesaid, and such Defendant shall be thereupon discharged accordingly. CXXIII. And be it enacted. That where any Person shall be arrested by virtue of a Warrant issued as afore- said, and shall enter into a Recognizance, and appear in the said Court at the Return of the said Recognizance, but shall not afterwards plead to the Information or Indictment, it shall and may be lawful for the Prosecutor 8° & 9" Vict. SMUGGLING. Cap. 8 1. 157 of such Information or Indictment to canse a Copy thereof .hnhdidion. to be delivered to such Person, or his or her Attorney or Ao-ent, or to be left at his or her last Place of Abode, with a Notice thereon endorsed, that unless such Person shall, within Eight Days from the Time of such Delivery of a Copy of the Info nnat ion or Indictment as aforesaid, cause a Plea to be entered in the said Court to such Information or Indictment, tliat the Prosecutor of such Information or Indictment will enter a Plea of Not Guilty on his or her Behalf; and that upon Affidavit being made and filed in If the Party the said Court of the Delivery of a Copy of such Informa- ^°^ not appear, tion or Indictment, with such Notice endorsed thereon as (juiitV may be aforesaid, to such Person, or to his or her Attorney or entered. Agent, or at his or her last Place of Abode, as the Case may be, it shall be lawful for the Prosecutor of such Infor- mation or Indictment to cause the Plea of Not Guilty to be entered in the said Court to such Information or Indict- ment for such Person, and such Proceedings shall be had thereupon as if the Defendant in such Information or Indictment had pleaded according to the usual Course of the said Court. CXXIV. And for the Purpose of enabling the Mayor, Certain Articles Commonalty, and Citizens of the City of London, and ^'^'~^f^^ tTbe'°"' their Successors, to ascertain and collect the Amount of landtd Coast- the Dues payable to them upon the several Articles herein- wise until the after mentioned, brought Coastwise into the Port of ^."^^ fV^d London, be it enacted, That if all or any of the Goods of avc paid. the Description herein-after mentioned, (that is to say,) Firkins of Butter, Tons of Cheese, Fish, Eggs, Salt, Fruit, Roots (eatable), and Onions, brought Coastwise into the Port of the said City, and which are liable to the said Dues, shall be landed or unshipped at or in the said Port before a proper Certificate of the Payment of the said Duties shall have been obtained, such Goods respectively shall be forfeited, and may be seized by any Officer of Her Majesty's Customs empowered to seize any Goods landed without due Entry thereof; and such Forfeiture may be sued for, prosecuted, and recovered by Action of Debt, Bill, Plaint, or Information in any of Her Majesty's Courts of Record at Westminster, in the Name of the Ghamberlam of the said City on behalf of the said Mayor, Commonalty, and Citizens. CXXV. And be it enacted, That if any Person shall When Offenders be arrested under or by virtue of a Writ of Capias ad are arrested, and 158 Cap. 87. SMUGGLING. 8^ & r Vict. Jurisdiction, respondendum Issuing out of any of Her Majesty's Courts of Record, or out of any of the Superior Courts of liecord Cr^f/il^^ifi of either of the Counties Tahitine, at the Suit of the MienU, the iJail -, ^ r • tttf- ict ii Bond to be as- Quecn s JMajcsty, Her Heu-s and Successors, and the signed to Her Shei'Itf or othcr Officer shall take Bail from such Person, Majesty. ^^^^^^ Sheriff or other Officer, at the Request and Costs of the Prosecutor, shall assign to the Queen's Majesty, Her Ileirs and Successors, the Ball Bond taken from such Person, by endorsing the same, and attesting the same under his lland and Seal in the Presence of Two or more credible Witnesses, which may be done without any Stamp, provided the Assignment so endorsed be duly stamped before any Suit be commenced thereupon ; and If such Ball Bond be forfeited such Process shall thereupon issue as on Bonds originally made to the Queen's Majesty, Her Ileirs and Successors, and the Court In which such Bail Bond is put in Suit may, by Rule or Rules of the same Court, give such Relief to the Defendant or Defendants as is agreeable to Justice and Reason. Indictments to CXXVI. And be It cnactcd. That no Indictment shall be preferred by \)q preferred for any Offence against this or any other Act r ero the Acts relatln"; to the Customs or Excise, nor shall any Corainissioners, ^ . , ^'tpi-t. ^t^i and Suits to be Suit be Commenced for the Recovery of any Penalty or in the Name of Forfeiture for any such Offence, (except in the Cases of the Attorney Persons detained and carried before One or more Justices Oeneral or Lord . /« i • * \ i ^ -r t in Advocate, or of in pursuance of this Act,) unless such indictment shall some Officer, be preferred under the Direction of the Commissioners of Her Majesty's Customs or Excise, or unless such Suit shall be commenced in the Name of Her Majesty's Attorney General for England or Ireland, or in the Name of the Lord Advocate of Scotland, or in the Name of some Officer of Customs or Excise, under the Direction of the said Commissioners respectively. The Atiorney CXXVII. And be it enacted. That if any Prosecution Advocatc'ma"'''^ whatcvcr shall be commenced for the Recovery of any sign a Nolle Fine, Penalty, or Forfeiture incurred under this or any prosequi. other Act relating to the Customs or Excise, it shall be laAvful for Her Majesty's Attorney General, or for the Lord Advocate of Scotland, if he is satisfied that such Fine, Penalty, or Forfeiture was incurred without any Intention of Fraud, or that it is inexpedient to proceed in the said Prosecution, to stop all further Proceedings by entering a Nolle prosequi, or otherwise, on sucJi Informa- S^'&e^ViCT. SMUGGLING. Cap. 87. 159 tion, as well with respect to the Share of such Fine, jurisdiction. Penalty, or Forfeiture to which any Officer or Officers may be entitled ( 1 ) as to the Queen's Share thereof. CXXVIII. And be it enacted. That if any Goods shall Proof of Pay- be seized for Nonpayment of Duties, or any other Cause ments of Duties of Forfeiture, and any Dispute shall arise whether the ;;;,poiatiorof^ Customs, Excise, or Inland Duties have been paid for the Goods to be on same, or the same have been lawfully imported, or con- the Owner, cerning the Place from whence such Goods M^ere brought, then and in such Case the Proof thereof shall be on the Owner or Claimer of such Goods, and not on the Officer who shall seize the same. CXXIX. And be it enacted, That no Justice of the No Justice con- Peace who is a Collector or Comptroller, or otherwise "tcted with the connected with the Collection of the Customs or Excise, ^j^" Uevemie to shall take cognizance of any Matter relating to the svim- interfere. mary Conviction of Persons offending against this or any other Act relatino; to the Customs. CXXX. And be it enacted, That in case of any Infor- Averment of mation or Proceedings had under this or any Act relating certain Matters to the Customs, the Avei'ment that the Commissioners of ^nks'i the'^con- Her Majesty's Customs or Excise have directed or elected trary is proved, such Information or Proceedings to be instituted, or that any Vessel is Foreign, or belonging Avholly or in part to Her Majesty's Subjects, or that any Person detained or found on board any Vessel or Boat liable to Seizure is or is not a Subject of Her Majesty, or that any Person is an Officer of the Customs, and where the Offence is com- mitted in any Port in the United Kingdom the naming such Port in any Information or Proceedings, shall be sufficient, without Proof as to such Fact or Facts, unless the Defendant in such Case shall prove to the conti'ary. CXXXI. And be it enacted. That all Persons employed Persons em- for the Prevention of Smuggling, under the Direction of P'oye^l for Pre- the Commissioners of Her Majesty's Customs, or of any Smuggling to Officer or Officers in the Service of the Customs, shall be be deemed duly deemed and taken to be duly employed for the Prevention «^'T"ploye('. of Smuggling, and the Averment in any Information or Suit that such Party was so duly employed shall be suffi- (1) See §§ 71,72, 73, and 76. as to Officers Rewards. 160 Cap. 87. SMUGGLIN(r. .s'&9''Vict. Jurisdiction, cieiit Pi'oof tliercof, unloss the Defendant in such Infor- niation or Suit shall prove to the contrary. Viva voce Evi- dence may be given tliat a Party is an Officer. Witness com- petent, althougli entitled to Part of Seizure or to Reward. CXXXII. And be it enacted, That it' upon any Trial a Question shall arise v/hethcr any Person is an Officer of the Army, Navy, or Marines, being duly employed for the Prevention of Smuggling, and on Full Pay, or an Otttcer of Customs or Excise, Evidence of his having acted as such shall be deemed sufficient, and sucli Person shall not be required to produce his Commission or Deputation, unless sufficient Proof shall be given to the contrary ; and every such Officer, and any Person acting in his Aid or Assistance, shall be deemed a com- petent Witness upon the Trial of any Suit or Information on account of any Seizure or Penalty as aforesaid, notwith- standing such Officer or other Person may be entitled to the whole or any Part of such Seizure or Penalty, or to any Reward upon the Conviction of the Party charged in such Suit or Information. What shall be deemed suffi- cient Evidence of an Order of the Treasury or of the Commis- sioners of Cus- toms or Excise. CXXXIII. And be it enacted. That upon the Trial of any Issue, or upon any judicial Hearing or Investigation, touching any Penalty or Forfeiture under any Law or Laws relating to the Customs or Excise, or to the Law of Navigation, where it may be necessary to give Proof of any Order issued by the Commissioners of Her Majesty's Treasury, or by the Commissioners of Her Majesty's Customs or Excise respectively, the Order, or any Letter or Instructions referring thereto, which shall have been officially received by any Officer of Customs or Exercise for his Government, and under which he shall have acted as such Officer, shall be admitted and taken as sufficient Evidence and Proof of such Order to all Intents and Purposes whatsoever. Within what CXXXIV. And be it enacted, That all Suits, Indict- t^' unenitr OT "' ^^^^^^ts, or Informations exhibited for any Offence against Informations are this or any othcr Act relating to the Customs in any of to be exhibited. Her Majesty's Courts of Record at Westminster or in Dublin, or in Edijihurgh, or in the Royal Courts of Guernsey, Jersey, Alderney, Sark, or Man, shall and may be had, brought, sued, or exhibited within Three Years next after the Date of the Offence committed, and shall and may be exhibited before any One or more Justices of 8° & 9" Vict. SMUGGLING. Cap. 87. 161 the Peace within Six Montlis next after the Date of tlie Jurisdiction. Offence committed. CXXXV. Provided always, and be it enacted. That Informatioti in where any Person shall have been detained for any Offence certain Cases against this or any Act relating to the Customs, and shall j^j^J^ a^ny^'Ti'me have made his Escape from Custody, an Information may after Six be exhibited before One or more Justices of the Peace -^on*s. against such Person for such Offence at any Time after- wards, although more than Six Months shall have expired. C XXXVI. And be it enacted. That any Indictment or Information for any Offence against this or any other Act relating to the Customs shall and may be inquired of, examined, tried, and determined in any County of ^n^- land where the Offence is committed in England, and in any County in Scotland where the Offence is committed in Scotland, and in any County in Ireland where the Offence is committed in Ireland, in such Manner and Form as if , the Offence had been committed in the said County where the said Indictment or Information shall be tried. Indictments or Informations may be tried in any County in England, Scot- land, or Ireland respectively. Summonses, &c. in Customs or Excise Pro- ceedings may be served within the Police Dis- trict by the Officers of Cus- toms or Excise. C XXX VII. And whereas by an Act passed in the Session of Parliament holden in the Second and Third Years of the Reign of Her present Majesty, intituled An Act for further improving the Police in and near the Metro- polis, it is enacted, that after the passing of that Act all Summonses and Warrants to be issued in any Criminal Proceeding within the Metropolitan Police District, or by any Magistrate within the said District, shall be served and executed by a Constable of the Metropolitan Police Force, and by none other : And whereas it is expedient, in Cases of Proceedings instituted by Direction of the Commissioners of Her Majesty's Customs or Excise, that such Summonses or Warrants should be executed by their respective Officers ; be it therefore enacted, That from and after the passing of this Act all such Summonses and Warrants shall and may be served and executed by any Officer of the Customs or Excise, any Act now in force or hereafter to be made to the contrary in anywise not- withstanding. CXXXVIII. And be it enacted. That this Act may Alteration of be amended or repealed by any Act to be passed in the Act. present Session of Parliament. M 162 Cap. 87. SMUGGLING. S^'&g^ViCT. SCHEDULE to which the foregoing Act refers. ( 1 ) No. L Form of Information before Justices of the Peace where a pecuniary Penalty is inflicted. County of 1 BE It remembered. That on the '"^ ^ ■"• J Day of in the Year of our Lord at A.B.^ an Officer of Customs, who is directed by the Commissioners of Her Majesty's Customs to prefer tliis Information, gives us. Two of Her Majesty's Justices of the Peace in and for to understand and be informed that CD., within Six Months now last past, that is to say, on the Day of in the Year of our Lord [here state the Offence~\, contrary to the Form of the Statute in that Case made and provided, whereby the said CD. hath forfeited for his said Offence the Sum of Pounds. No. 1. Form of Warrant of Commitment to Gaol for a pecuniary Penalty. County of "I To A.B., Officer of Customs, and to the *^ ^'*- J Gaoler or Keeper of the at in the Whereas CD. has this Day been duly convicted be- fore us Two of Her Majesty's Justices of the Peace in and for upon the Information of A.B., an Officer of Customs, who was directed by the Commissioners of Her Majesty's Customs to prefer the same, for that, within Six Months now last past, to wit, on the Day of in the Year of our Lord [he7-e state the Offence as in the Infor- matio7i\ : And whereas we the said Justices did adjudge (1) See § 107. 8° & 9° Vict. SMUGGLING. Cap. 87. 163 that the said CD. had forfeited for his said Offence the Sum of Pounds, which said Sum of Pounds has not been paid : These are therefore to require you the said A.B. forthwith to take, carry, and convey the said CD. to the at in the and to deliver him into the Custody of the Gaoler or Keeper of the said ; and we the said Justices do hereby authorize and require you the said Gaoler or Keeper of the said Gaol to receive and take the said CD. into your Custody, and him safely to keep until he shall duly pay the said Sum of Pounds. Given under our Hands and Seals at this Day of in the Year of our Lord No. 1. Form of Conviction for a pecuniary Penalty. County of "I BE it remembered, That on the ''^^^■"- J Day of in the Year of our Lord at an Information was exhibited by A. B., an Officer of Customs, who was directed by the Commissioners of Her Majesty's Customs to prefer the same before us Two of Her Majesty's Justices of the Peace in and for agcainst C. D., which said Information charged that the said C D., within Six Months then last past, that is to say, on the Day of in the Year of our Lord l^/iere state the Offence as in the Informa- tion\ contrary to the Form of the Statute in that Case made and provided, whereby the said CD. had forfeited for his said Offence the Sum of Pounds, which Offence [" has been duly proved before us the said Jus- tices," or " the Party has confessed himself to be guilty of," as the Case may he'] : We the said Justices do there- fore convict the said CD. of the said Offence, and do adjudge that the said CD. hath forfeited for his said Offence the Sum of Pounds. Given under our Hands and Seals at the Day of in the Year of our Lord M 2 164 Cap. 87. SMUGGLING. 8" & 9° Vict. No. 2. Form of Information before Justices of the Pence ivhere the Penalty of hard Labour is injiictcd. County of "l BE it remembered. That on the *'*^'*- J Day of in the Year of our Lord at A. B., an Officer of Customs, Avho is directed by the Commissioners of Her Majesty's Customs to prefer this Information, gives us Two of Her Majesty's Justices of the Peace in and for to understand and be informed that C. D.y within Six Months now last past, (that is to say,) on the Day of in the Year of our Lord One thousand eight hundred and \1iere state the Offence^, contrary to the Form of the Statute in that Case made and provided, whereby the said C. D. hath for his said Offence become liable to be imprisoned in a House of Correction, and there kept to hard Labour for any Term not less than Six nor greater than Nine Calendar Months. No. 2. Form of Conviction for the Penalty of hard Labour. County of 1 BE it remembered. That on the '" '""'• J Day of in the Year of our Lord at an Information was exhi- bited by A.B., an Officer of Customs, who was directed by the Commissioners of Her Majesty's Customs to prefer the same before us. Two of Her Majesty's Justices of the Peace in and for aerainst CD., which said Information charged that the said C D., within Six Months then last past, (that is to say,) on the Day of in the Year of our Lord \Jiere state the Offence as in the Inform mation'], contrary to the Form of the Statute in that Case made and provided, whereby the said CD. had for his said Offisnce become liable to be imprisoned in a House of Correction, and there kept to hard Labour for any Term not less than Six nor greater than Nine Calendar Months, which Offence ["has been duly proved before us the said Justices," or " the Party has confessed himself to be guilty of," as the Case may be~\ : We the said Justices do there- 9 8° & 9° Vict. SMUGGLING. Cap. 87. 165 fore convict the said CD. of the said Offence, and do adjudge that the said C. D. shall for his said Offence be imprisoned in the House of Correction at in the County of and be there kept to hard Labour for the Period of Calendar Months. Given under our Hands and Seals at this Day of in the Year of our Lord No. 2. Form of Warrant of Commitment for the Penalty of hard Labour. County of "I To A. B., an Officer of Customs, and to to wit. J- ^j^g Gaoler or Keeper of the House of Correction in the County of Whereas C. D. has been this Day duly convicted before us, Two of Her Majesty's Justices of the Peace in and for upon the Information of A.B., an Officer of Customs who was directed by the Commissioners of Her Majesty's Customs to prefer the same, for that within Six Months now last past, to wit, on the Day of in the Year of our Lord [here state the Offence as in the Information\ : And whereas we the said Justices did adjudge that the said C D. should for his said Offence be imprisoned in the House of Correction at aforesaid, and be there kept to hard Labour for the Term of Calendar Months : These are therefore to require you the said A. B. forthwith to take, carry, and convey the said CD. to the House of Correction at in the and deliver him into the Custody of the Gaoler or Keeper of the said House of Correction ; and we the said Justices do hereby authorize and require you the said Gaoler or Keeper of the said House of Correction to receive and take the said C D. into your Custody, and to keep the said CD. for the said Term of Calendar Months to hard Labour. Given under our Hands and Seals at this Day of in the Year of our Lord M 3 ANNO OCTAVO & NONO VICTORI.E REGIN^. CAP. LXXXVIII. An Act for the Encouragement of British Shipping and Navigation. [4th August 1845.] VITHEREAS an Act was passed in the Session of Par- ^ ^ hament holden in the Third and Fourth Years of the Reign of King William the Fourth, intituled ^w ^c^ 3&4W.4, c.54. for the Encouragement of British Shipping and Naviga- tion, whereby the Laws for the Encouragement of British Shipping and Navigation were consolidated : And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it wiU be of Advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act: Be it therefore enacted by the Queen'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 from and after the passing of this Act the Commencement same shall come into and be and continue in fuU Force "' ^'^^^ for the Purposes therein mentioned, except where any other Commencement is herein particularly directed. II. And be it enacted. That the several Sorts of Goods Ships in which herein-after enumerated, being the Produce of Europe, oiiiyenumerated (that is to say,) Masts, Timber, Boards, Tar, Tallow, ^ope may be " Hemp, Flax, Currants, Raisins, Figs, Prunes, Olive Oil, imported. Corn or Grain, Wine, Brandy, Tobacco, Wool, Shumac, Madders, Madder Roots, Barilla, Brimstone, Bark of Oak, M 4 168 Cap. 88. NAVIGATION. 8° & 9° Vict. imported. Cork, Oranges, Lemons, Linseed, Rapeseetl, and Clover- seed, shall not be imported into the United Kingdom to be used therein (1), except in British Ships (2), or in Ships of the Country .'(3) of which the Goods are the Produce (4), or in Shii)S of the Country from which the Goods are imported. (5) Places from HI. And be it enacted. That Goods the Produce of G^^*^?- of' Asia ^*'^' Africa, or America shall not be unported from Afrka, or Ame- Europe (6) into the United Kingdom to be used therein, rica may be exccpt the Goods hcrcin-after mentioned ; (that is to say,) Goods the Produce of the Dominions of the Emperor of Morocco, which may be imported from Places in Europe within the Straits of Gibraltar: Goods the Produce of Asia or Africa which (having been brought into Places in Europe witliin the Straits of Gibraltar from or through Places in Asia or Africa within those Straits, and not by way of the Atlantic Ocean,) may be imported from Places in Europe within the Straits of Gibraltar : Goods the Produce of Places within the Limits of the East India Company's Charter, which (having been imported from those Places into Gibraltar or Malta in British Ships) may be imported from Gibraltar or Malta: (7) Goods taken by way of lieprisal by British Ships : Bullion, Diamonds (8), Pearls, Rubies, Emeralds, and other Jewels or precious Stones. Ships in which only Goods of Asia, Africa, or America may be imported. IV. And be it enacted, That Goods the Produce of Asia, Africa, or America shall not be imported into the United Kingdom to be used therein (9), in Foreign Ships, unless they be the Ships of the Country in Asia, Africa, or America of which the Goods are the Produce, and from (0 (2) (3) (4) (5) Place, (6) § 44. (7) (8) (9) See Liberty to import for Exportation, § 22. See § 13. as to what are British Ships. See § 16. as to what constitutes a Sliip of any Country. See § 5. that Manufacture constitutes Produce. See Cap. 86. § 49. as to what constitutes an Importation from any As to Produce of Colonial Fisheries from Guernsejs see Cap. 86. Malta deemed to be in Europe. See Cap. 86. § 128. Bullion and Diannonds do not require Entry, Cap. 86. § 2. See Liberty to import for Exportation, § 22. 8°&9<'ViCT. NAVIGATION. Cap. 88. 169 which they are imported, except the Goods herein-after mentioned ; (that is to say,) Goods the Produce of tlie Dominions of the Grand Seignior in Asia or Africa, which may be imported from his Dominions in Europe in Ships of his Dominions : Raw Silk and Mohair Yarn, the Produce of Asia, which may be imported from the Dominions of the Grand Seignior in the Levant Seas, in Ships of his Dominions : Bullion : Provided always, that in case any Treaty shall be made Proviso, with any Country having a Port or Ports within the Straits of Gibraltar, stipulating that such Productions of Asia or Africa as may by Law be imported into the United Kingdom from Places in Europe within the Straits of Gibraltar in BritisJi Ships shall also be imported from the Ports of such Country in the Ships of such Country, then and in every such Case it shall be lawful to import such Goods from the Ports of such Country in the Ships of such Country. V. Provided always, and be it enacted. That all manu- Manufacture factured Goods shall be deemed to be the Produce of the ^^^^'^^^ ^'°- Country of which they are the Manufacture. VI. And be it enacted, That no Goods shall be From Guem. imported into the United Kingdom from the Islands of ^^y* ^*^' Guernsey, Jersey, Alderney, or Sark, except in British Ships. VII. And be it enacted, That no Goods shall be exported Exports to from the United Enffdom to any British Possession in Asia, ^^]^' ^'^•' ^"^ Africa, or America, nor to the Islands of Guernsey, Jersey, Alderney, or Sark, except in British Ships. to Guernsey, &c. VIII. And be it enacted. That no Goods or Passengers Coastwise, shall be carried Coastwise from one Part of the United Kingdom to another, or from the United Kingdom to the Isle of Man, or from the Isle of Mail to the United King- dom, except in British Ships. (1) (I) See Definition of Coasting Trade, Cap. 86. § H3. 170 Cap. 88. NAVIGATION. 8" & 9" Vict. BetwoenCniern IX. Aiid be it cnacted, That no Goods shall be carried sey, Jersey, &c. from any of the fslauds of Guernsey, Jersey, Alderney, Surky or Man to any other of such Islands, nor from one Part of any of such Islands to another Part of the same Island, except in British Ships. Between Brltisli X. And bc it cnactcd. That no Goods shall be carried Possessions in from any British Possession in Asia, Africa, or America ' ' to any other of such Possessions, nor from one Part of any of such Possessions to another Part of the same, except in British Ships. (1) Imports into XI. And be it enacted, That no Goods shall be im- British Posses, ported into any British Possession in Asia, Africa, or si^ns s., America in any Foreign Ships, unless they be Ships of the Country of which the Goods are the Produce, and from Avhich the Goods are imported. (2) Her Majesty XII. And be it cnactcd. That it shall be lawful for may, by Order yIqv Majesty froni Time to Time, by any Order in ciare that Fo- Couucil, to declare that Goods the Growth, Produce, or reign Goods Manufacture of any Foreign Coimtry may be im pored may be imported -j-^^^ ^j^^ Island oi Ho7iq Kono from the same or any other into Hong t^ • /-i • '-ir i i i • i Kong in any ^ orcign Country, in V essels belongmg to the same or Vessels. any other Foreign Country, and however navigated, subject nevertheless to such Limitations and Restrictions as shall be contained in any such Order in Council ; and from and after the Publication of any such Order in Council such Goods may lawfully be so imported into the said Island of Hony Kony according to the Provisions of such Order, and until the Revocation thereof ; and any such Order in Council may from Time to Time be altered or revoked by Her Majesty by any subsequent Order in Council. No Ship British XIII. And be it cnactcd. That no Ship shall be unless registered admitted to be a British Ship unless duly registered (3) and navigated as, . , , , \ -n • • P • ^ \ such, 'Wd navigated as such, and that every British registered Ship (so long as the Registry of such Ship shall be in force, or the Certificate of such Registry retained for the Use of such Ship,) shall be navigated during the Avhole of (1) See Privilege of Ships built in India prior to 1816', Cap. 9S. § 92. (i2) See Limitation of this Privilege, Cap. 93. § 4. (3) See Registry Act, Cap. 89. 8° & 9° Vict. NAVIGATION. Cap. 88. 171 every Voyage (whether with a Cargo or in Ballast), in every Part of the World (1), by a Master who is a British Subject, and by a Crew (2) whereof Three Fourths at least are British Seamen ; and if such Ship be employed in a Coasting Voyage from one Part of the United King- dom to another, or in a Voyage between the United Kingdom and the Islands of Guernsey, Jersey, Alder ney, Sark, or Man, or from one of the said Islands to another of them, or from one Part of either of them to another of the same, or be employed in fishing on the Coasts of the United Kingdom or of any of the said Islands, then the whole of the Crew shall be British Seamen. XIV. Provided always, and be it enacted, That all But Vessels British-h\x\lt Boats or Vessels under Fifteen Tons Burden, ^^n^u^l.^j^;" wholly owned and navigated by British Subjects, although admitted in not registered as British Ships, shall be admitted to be Navigation British Vessels in all Navigation in the Kivers and upon "'*°" ^r^^\ t r-i p 1 XT- • 1 T7-- T n ^ Ti • • 7 -ri "'^•> although the Coasts oi the United Kingdom, or oi the British Pos- not registered, sessions abroad (3), and not proceeding over Sea, except within the Limits of the respective Colonial Governments within which the managino; Owners of such Vessels respectively reside ; and that all British-hm[t Boats or Vessels under Vessels wholly owned and navigated by British Subjects, 'i'li'r'y Tons for not exceeding the Burden of Thirty Tons, and not having Fishery"&c." a whole or a fixed Deck, and being employed solely in need not be fishing on the Banks and Shores of Neu-foundland and registered. of the Parts adjacent, or on the Banks and Shores of the Provinces of Canada, Nova Scotia, or Neio Brims- wick, adjacent to the Gidf of Saint Lawrence, or on the North of Cape Causa, or of tlie Islands within tlie same, or in trading Coastwise within the said Limits, shall be admitted to be British Boats or Vessels, although not registered, so long as such Boats or Vessels shall be solely so employed. XV. Provided also, and be it enacted. That all Ships Honduras Ships built in the British Settlements at Honduras (4) and t" J^f as British owned and navigated as British Ships, shall be entitled to u„ite|i K^n^r. the Privileges of British registered Ships in all direct dom and Colo- nies in Ame- ___ _ ^j^^ (1) See §§ 19 and 20. (2) See § 17. (3) As to Navigation on Lakes in America, see Cap. 93. § 44. (4) Not being Settlements belonging to Her Majesty. See Cap. 86. § 127, Sec also Cap. 89. § 5. 172 Cap. 88. NAVIGATION. 8° & 9" Vict. Ship of any Fo- reign Country to be of the Build of or Prize to such Country, or British-built, and owned and navigated by Subjects of the Country. Master and Sea- men not British, unless natural born or natu- ralized, or De- nizens, or Sub- jects by Con- quest or Cession, or having served in Her Majesty's Ships of War. Trade between the United Kingdom or the British Pos- sessions in America and the said Settlements, pi'ovided the Master shall produce a Certificate under tlie Hand of the Superintendent of those Settlements tliat satisfactory- Proof has been made before him that such Ship (describing the same) was built in the said Settlements, and is wholly- owned by British Subjects : Provided also, that the Time of the Clearance of such Ship from the said Settlements for every Voyage shall be endorsed upon such Certificate by such Superintendent. XVI. And be it enacted. That no Ship shall be admitted to be a Ship of any particular Country, unless she be of the Build of such Country, or have been made Prize of War to such Country, or have been forfeited to such Country under any Law of the same made for the Prevention of the Slave Trade, and condemned as such Prize or Forfeiture by a competent Court of such Coun- try, or be British-hvCAi ( 1 ) (not having been a Prize of War from British Subjects to any other Foreign Country), nor unless she be navigated by a Master who is a Subject of such Foreign Country, and by a Crew of whom Three Fourths at least are Subjects of such Country, nor unless she be wholly owned by Subjects of such Country usually residing therein, or under the Dominion thereof : Provided always, that the Country of every Ship shall be deemed to include all Places which are under the same Dominion as the Place to which such Ship belongs. XVII. And be it enacted. That no Person shall be qualified to be a Master of a British Ship or to be a British Seaman (2) within the Meaning of this Act, ex- cept the natural-born Subjects of Her Majesty, or Persons naturalized by any Act of Parliament, or made Denizens by Letters of Denization, or except Persons who have become British Subjects by virtue of Conquest or Cession of some newly acquired Country, and who shall have taken the Oath of Allegiance to Her Majesty, or the Oath of Fidelity required by the Treaty or Capitulation by which such newly acquired Country came into Her Ma- jesty's Possession, or Persons who shall have served on (1) British Vessels sold to Foreigners lose British Privileges. See Cap. 89. §9. (2) As to Negroes and Lascarsj see § 19. 8° & 9° Vict. NAVIGATION. Cap. 88. 173 board any of Her Majesty's Ships of War in Time of War for the Space of Tlu-ee Years : Provided always, that Natives of India the Natives of Places within the Limits of the East India not to be British Company's Charter, although under British Dominion, ^^™*^"- shall not, upon the ground of being such Natives, be deemed to be British Seamen : Provided always, that One Britisii every Ship (except Ships required to be wholly navigated Seaman to by British Seamen) which shall be navigated by One ,^ffi"ilnt^to"' British Seaman if a British Ship, or One Seaman of the constitute a Country of such Ship if a Foreign Ship, for every Twenty proper Crew. Tons of the Burden of such Ship, shall be deemed to be duly navigated, although the Number of other Seamen shall exceed One Fourtli of the whole Crew : Provided also, that nothing herein contained shall extend to repeal or alter the Provisions of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, for consolidating and amending the Laws then in 4G.4. c.so. force with respect to Trade from and to Places within the ^- ^i- Limits of the East India Company's Charter (1), nor the Provisions of an Act passed in the Session of Parliament holden in the Third and Fourth Years of Her present Majesty, intituled An Act further to regulate the Trade of 3&4Vict.c. 56. Ships built and trading loithin the Limits of the East India Company's Charter. XVIII. Provided always, and be it enacted. That it Foreigners hav- shall be lawful for Her Majesty, by Her Royal Procla- i.')g ^^''''^^ Two mation during War, to declare that Foreigners having H.M.S^durhig served Two Years on board any of Her Majesty's Ships of War. War in Time of such War shall be British Seamen within the Meaning of this Act. XIX. And be it enacted. That no British registered British Ship not Ship shall be suffered to depart any Port in the United to depart British -TT— 1 Ti-,-7-r» •• T-j.Pi iort unless duly ivmgaom, or any British Possessions m any Part oi the navio-ated, &c. World, (whether with a Cargo or in Ballast,) unless duly navigated : Provided always, that any British Ships trading between Places in America may be navigated by British Negroes, and that Ships trading Eastward of the Cape of Good Hope, within the Lunits of the East India Com- pany's Charter, may be navigated by Lascars, or other Natives of Countries within those Limits. (1) See 4 G. 4. Cap. 80, §§ 21, 22. 174 Penalty for Ex- cess of Foreign Seamen. Cap. 88. NAVIGATIOX. 8° & 9" Vict. XX. Ami be it enacted. That if any British registered Sliip shall at any Time have as Part of the Crew in any Part of ihe World any Foreign Seanicn not allowed by Law, the INfaster or Owners of snch Ship shall lor every such Foreign Seaman forfeit the Sum of Ten Pounds : Provided always, that if a due Proportion of British Sea- men cannot be procured in any Foreign Port, or in any Place witliin the Limits of the East India Company's Charter, for the Navigation of any British Ship, or if such Proportion be destroyed during the Voyage by any vm- avoidable Circumstance, and the Master of such Ship shall produce a Certificate of such Facts under the Hand of any Britisli Consul, or of Two known British Merchants if there be no Consul at the Place where such Facts can be ascertained, or from the British Governor of any Place within the Limits of the East Lidia Company's Charter, or in the Want of such Certificate shall make Px'oof of the Truth of such Facts to the Satisfaction of the Collector and Comptroller of the Customs of any British Port, or of any Person authorized in any other Part of the World to inquire into the Navigation of such Ship, the same shall be deemed to be duly navigated. Proportion of Seamen may be altered by Proclamation. XXI. And be it enacted. That if Her Majesty shall at any Time by Her Royal Proclamation declare that the Proportion of British Seamen necessary to the due Navi- gation of British Ships shall be less than the Proportion required by this Act, every British Ship navigated with the Proportion of British Seamen required by such Pro- clamation shall be deemed to be duly navigated, so long as such Proclamation shall remain in force. Goods pro- " hibited only by Navigation Law may be imported for Exportation. XXII. Provided always, and be it enacted. That Goods of any Sort, or the Produce of any Place, not otherwise prohibited than by the Law of Navigation herein-before contained, may be imported into the United Kingdom from any Place in a British Ship, and from any Place, not being a British Possession, in a Foreign Ship of any Country, and however navigated, to be warehoused for Exportation only (1), under the Provisions of any Law in force for the Time being; made for the warehousing of (1) The Goods must be reported and entered for Exportiition only. Cap. 86. §§7. 65. See 8° & 9° Vict. NAVIGATION. Cap. 88. 175 Goods without Payment of Duty upon the first Entry thereof. XXIII. And l)e it enacted. That it shall be lawful for ^2^'- ^^^J^'jj^^. Her Majesty from Time to Time, by any Order in Coun- in^Councii,'^ap- cil, to declare that Goods of any Sort, or the Produce of point Ports in any Place, not otherwise prohibited than by the Law of *''^ British Pos-, Tlt • J.' 1 "li? i'l T-* ii-i sessions abroad, JNavigation herein-betore contamed, may be imported nito wherein any any Port or Ports of the British Possessions abroad, to be Goods imported named in such Order, from any Place, in a British Ship, *" '"""y Vessel and from any Place not being a Part of the British houJl^^'^^' Dominions in a Foreign Ship of any Country, and how- ever navigated, to be warehoused for Exportation only, under the Provisions of any Law in force for the Time being, made for the warehousing of Goods without Pay- ment of Duty upon the first Entry thereof; and from and after the Date of any such Order it shall be lawful so to import, for the Purpose of being warehoused for Expor- tation only, any such Goods into the Port or Ports named therein, according to the Provisions of the said Order, and until the Revocation thereof; and any such Order in Council may from Tmie to Time be altered or revoked by Her Majesty by any subsequent Order in Council. XXIV. And be it enacted. That if any Goods be im- Forfeitures, how ported, exported, or carried Coastwise, contrary to the *"*="''''^''- Law of Navigation, all such Goods shall be forfeited, and the Master of the Ship in which the same are so imported, exported, or carried Coastwise shall forfeit the Sum of One hundred Pounds. XXV. And be it enacted. That all Penalties and For- Recovery of feitures incurred under this Act shall be sued for, pro- ^^''f'^'tures. secuted, recovered, and disposed of, or shall be mitigated or restored, in like Manner as any Penalty or Forfeiture can be sued for, prosecuted, recovered, and disposed of, or may be mitigated or restored under an Act passed in the present Session of Parliament for the Prevention of Smuggling. XXVI. And be it enacted. That this Act may be Alteration of amended or repealed by any Act or Acts to be passed in ^^^' this present Session of Parliament. ANNO OCTAVO & NONO VICTORIiE REGINiE. CAP. LXXXIX. An Act for the registering of British Vessels. [4th August 1845.] ^^HEREAS an Act was passed in the Session of Par- liament held in the Third and Fourth Years of tlie Reign of King William the Fourth^, intituled An Act for 3&4W. 4. c.55. the registering of British Vessels, whereby the Laws in re- lation to the Registration of British Vessels were consoli- dated : And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of Advantage to Trade and Commerce that the said Act and Parts of Acts should be consolidated into One Act : Be it therefore enacted by the Queen's most Ex- cellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this ]>resent Parliament assembled, and by the Authority of the same, That from and after the passing of this Act the Commencement same shall come into and continue in full Force for the °^ ^^^' Purposes therein mentioned, except where any other Commencement is herein particularly dhected. CERTIFICATE. II. And be it enacted, That no Ship or Vessel shall be No Vessel to entitled to any of the Privileges or Advantages of a "'J^y rnviieges jBr/f/^A-registered Ship, unless the Person or Persons "" ' ^^^^^ '^^^ claiming Property therein shall have caused the same to have been registered in virtue of the said Act, or of an Act passed in the Sixth Year of the Reign of His late N 178 6 G.I. c. 110. 4 G.4. C.41. Cap. 89. KEGISTKY. 8° & 9° Vict. Form of Certifi- cate of Registry. Majesty King George the Fourth, intituled An Act for registering British Vessels, or of an Act passed in the Fourth Year of His said late Majesty's Reign, intituled Ayi Act for the registering o/* British Vessels, or until such Person or Persons shall have caused the same to be regis- tered in manner herein-after mentioned, and shall have obtained a Certificate of such Pcgistry from the Person or Persons authorized to make such Registry and grant such Certificate as herein-after directed ; the Form of which Certificate shall be as follows; {videlicet,) 'J^HIS is to certify, Tliat in pursuance of an Act passed in the Session of Parliament holden in the Eighth and Nmth Years of the Reign of Queen Victoria, inti- tided An Act \_kere insert the Title of this Act, the Names, Occupations, and Hesidence of the subscribing Owners^, having made and subscribed the Declaration (1) required by the said Act, and having declared that [he or they], together with \_Names, Occupations, and Residence of 7ion- subscribing Owners^ is [or are] sole Owner \or Owners] in the Proportions (2) specified on the Back hereof of the Ship or Vessel called the \_Ship^s JVame'] of [Place to zvhich the Vessel belongs'], which is of the Bur- den of [Number of Toyis], and whereof [3Iaste7-^s Name'] is Master, and that the said Ship or Vessel was [ivhe7i and where built, or condemned as Prize, referring to JBuilder^s Certificate (3), Judge^s Certificate (4), or Cer- tificate of last Registry, then delivered up to be cancelled], and [Name and Employment of Surveying Officer] having certified (5) to us that the said Ship or Vessel has [Numbei-] Decks and [Number] Masts, that her Length from the inner Part of the Main Stem to the fore Part of the Stern-post aloft is [ Feet Tenths], her Breadth in Midships is [ Feet Tenths], her Depth in Hold at Midships is [ Feet Tenths], that she is [hoto rigged] rigged, with a [standing or running] Bowsprit, is [De- scription of Stern] sterned, [Carvel or Clincher] built, has [ivhether any or Jiot] Gallery and [Kind of Mead, if any'] Head; and the said subscribing Owners having consented and agreed to the above Description, and having caused sufficient Security (6) to be given as re- (1) See § 13. (4) See I 32. (2) See § 35. (5) See § 15. (?.) See § 28. (6) Sec § 23. S'' & 9^ Vict. EEGISTRY. Cap. 89. ' quired by the said Act, the said Ship or Vessel called * the l^Name'] has been duly registered (1) at the Port of * [iVa?W(7 of Port]. Certified under our Hands at the Cus- ' toni House in the said Port of \_Name of Port\, this ' \_Date] Day of \_Name of MontJi] in the Year [ Words at ' Length]. * (Signed) Collector. ' (Signed) Comptroller.' And on the Back of such Certificate of Registry there shall be an Account of the Parts or Shares held by each of the Owners mentioned and described in such Certificate, in the Form and Manner foliowino- : 179 Names of the several Owners within mentioned. (2) [Name] [Name] [Name] [Name] Number of Sixty-fourth Shares held by each Owner. - Thirty-two. Sixteen. - - Eight. - - Eight. (Signed) Comptroller. (Signed) Collector. In United King- dom and Isle of Man : REGISTERING OFFICERS. III. And be it enacted, That the Persons authorized Persons autho and required to make such Registry and grant such \^^^^_ to make Certificates shall be the several Persons herein-after ^ ^Si'>t»"y' 'c- mentioned and described ; (that is to say,) The Collector and Comptroller of Her Majesty's Cus- toms in any Port in the United Kingdom of Great Britain and Ireland and in the Isle of Man respec- tively, in respect of Ships or Vessels to be there registered : The principal Officers of Her Majesty's Customs in the l" Guernsey, Islands of Guernsey or Jersey, together with the ^' ' Governor, Lieutenant Governor, or Commander-in- Chief of those Islands respectively, in respect of Ships or Vessels to be there registered : The Collector and Comptroller of Her Majesty's Cus- l" Colonies in toms of any Port in the British Possessions in Asia, T'*^"^^' J ' anu America ; (1) See § 10. (2) As to Partners in Firms, see § 35. ; and as to Joint Stock Companies, see § 36. N 2 180 Cap. 89. REGISTRY. 8^^ & 9° Vict. Ill Teriitoricsor Kast India Company ; In other Places williin Limits of the Charter of E. 1. C. . In Malta, Gib- raltar, &c. Limitation as to Vessels re- gistered at Malta, Gib- raltar, or Heli- goland. Certain Powers ofCollectorsand Comptrollers, by whom to be exercised in certain Cases. Powers of Com- missioners of Customs in United Kins- Africuy and America, or the Collector of any such Port at which no Appointment of a Comptroller has been made, in resi)ect of Ships or Vessels to ])e there registered : The Collector of Duties at any Port in the Tcn-itories under the Government of the East India Company, Avithin the Limits of the Charter of the said Com- ])any, or any other Pei'son of the Rank in the said Company's Service of Senior Merchant, or of Six Years standing in the said Service, being respec- tively appointed to act in the Execution of this Act by any of the Governments of the said Company, in respect of Ships or Vessels to be there registered : The Collector of Duties at any British Possession within the said Limits, and not under the Govern- ment of the said Company, and at which a Custom House is not established, together with the Governor, Lieutenant Governor, or Commander-in-Chief of such Possession, in respect of Ships or Vessels to be there registered : The Governor, Lieutenant Governor, or Commander- in-Chief of Malta, Gibraltar, and Heligoland respec- tively, in respect of Vessels or Ships to be there registered : Provided always, that no Ship or Vessel shall be regis- tered at Heligoland, except such as is wholly of the Build of that Place, and that Ships or Vessels registered at Malta, Gibraltar, or Heligoland shall not be registered elsewhere ; and that Shii")s or Vessels registered at Malta, Gibraltar, or Heligoland shall not be entitled to the Pi'ivileges and Advantages of British Ships in any Trade between the said United Kingdom and any of the British Possessions in America : Provided also, that wherever in and by this Act it is directed or provided that any Act, Matter, or Thing shall and may be done or performed by, to, or with any Collector and Comptroller of Her Majesty's Customs, the same shall or may be done or performed by, to, or with the several Persons respectively herein-before authorized and required to make Registry and to grant Certificates of Registry as aforesaid, and according as the same Act, Matter, or Thing is to be done or performed at the said several and respective Places, and Avithin the Jurisdiction of the said several Persons respectively : Pro- vided also, that Avherever in and by this Act it is directed or j)rovided that any Act, Matter, or Thing shall or may 4 8° & 9*^ Vict. KEGISTRY. Cap. 89. 181 be done or iierformed by, to, or Avith the Commissioners dom given to of Her Majesty's Customs, the same shall or may be done Governors, &c. or performed by, to, or with the Governor, Lieutenant ^ ^^^ ' Governor, or Commander-in-Chief of any Place where any Ship or Vessel may be registered under the Autho- rity of this Act, so far as such Act, Matter, or Thing can be applicable to the registering of any Ship or Vessel at such Place. (1) SHIPS PRIVILEGED. IV. And be it enacted. That in case any Ship or Vessel Ships exercising not beinsj duly registered, and not havinii obtained such ^'•■'^•leges be- • , ^, , ^ , lore iv6ffistrv to Certificate of Registry as aforesaid, shall exercise any of i,e forfeited ; the Privileges of a British Ship, the same shall be subject to Forfeiture, and also all the Guns, Furniture, Ammu- nition, Tackle, and Apparel to the same Ship or Vessel l)elonging, and shall and may be seized by any Officer or Officers of Her Majesty's Customs: Provided always, but not to affect that nothing in this Act shall extend or be construed to ^^"^^^^"^ ""eg'^- extend to affect the Privileges of any Ship or Vessel duly previous Acts, registered prior to the Commencement thereof. V. And be it enacted. That no Ship or Vessel shall be What Ships are registered, or having been registered shall be deemed to be e»t|t'ed to be duly registered by virtue of this Act, except such as arc ° wholly of the Build of the said United Kingdom, or of the Isle of Man, or of the Islands of Guernsey or Jersey, or of some of the Colonies, Plantations, Islands, or Terri- tories in Asia, Africa, or America, or of Malta, Gibraltar, or Heligoland (2), which belonged to Her Majesty, Her Heirs or Successors, at the Time of the building of such Ships or Vessels, or such Ships or Vessels as shall have been condemned in any Court of Admiralty as Prize of War (3), or such Ships or Vessels as shall have been con- demned in any competent Court as forfeited for the Breach of the Laws made for the Prevention of the Slave Trade, and which shall wholly belong and continue wholly to belong to Her Majesty's Subjects duly entitled to be Owners (4) of Ships or Vessels registered by virtue of this Act. (1 ) See also § 47. as to the Power of Governors. (2) As to tlie Extent of the Privileges of these last, see § 3. (S) See § 32. (4) See §§ 12, IS. 23. N 3 182 MediteiTanean Pass may be issued at IMalta or Gibraltar for certain Ships only. Cap. 89. REGISTRY. 8° & 9° Vict. VI. And be it enacted, Tliat no Mediterranean Pass shall be issued for the Use of any Ship as being a Ship belonging to Alalia or Gibraltar, except such as be duly registered at those Places respectively, or such as, not being entitled to be so registered, shall have wholly belonged, before the Tenth Day of October One thousand eight hundred and twenty-seven, and shall have continued wholly to belong, to Persons actually residing at those Places respectively as Inhabitants thereof, and entitled to be Owners of British Ships there registered, or who, not being so entitled, shall have so resided upwards of Fifteen Years prior to the said Tenth Day of October One thousand eight hundred and twenty-seven. Ships disquali- fied if Foreign Repairs exceed 20*. per Ton, unless the Ne- cessity of such Repairs be proved to Com- missioners of Customs. SHIPS DISQUALIFIED. VII. And be it enacted, That no Ship or Vessel shall continue to enjoy the Privileges of a British Ship after the same shall have been repaired in a Foreign Country, if such Repairs shall exceed the Sum of Twenty Shillings for every Ton of the Burden of the said Ship or Vessel, unless such Repairs shall have been necessary, by reason of extraordinary Damage sustained by such Ship or Vessel during her Absence from Her Majesty's Dominions, to enable her to perform the Voyage in which she shall have been engaged, and to return to some Port or Place in the said Dominions ; and whenever any Ship or Vessel which has been so repaired in a Foreign Country shall arrive at any Port in Her Majesty's Dominions as a British- registered Ship or Vessel, the Master or other Person having the Charge or Command of the same shall, upon the first Entry thereof, report to the Collector and Comp- troller of Her Majesty's Customs at such Port that such Ship or Vessel has been so repaired, under Penalty of Twenty Shillings for every Ton of the Burden of such Ship or Vessel, according to the Admeasurement thereof; and if it shall be proved to the Satisfaction of the Com- missioners of Her Majesty's Customs that such Ship or Vessel was seaworthy at the Time when she last dejiarted from any Port or Place in Her Majesty's Dominions, and that no greater Quantity of such Repairs have been done to the said Vessel than was necessary as aforesaid, it shall be lawful for the said Commissioners, upon a full Con- sideration of all the Circumstances, to direct the Collector and Comptroller of the Port where such Ship or Vessel 8°&9''ViCT. REGISTRY. Cap. 89. 183 shall have arrived, or where she shall then be, to certify on the Certificate of the Registry of such Ship or Vessel that it has been proved to the Satisfaction of the Commis- sioners of Her Majesty's Customs that the Privileges of tlie said Ship or Vessel have not been forfeited, notwith- standing the Repairs which have been done to the same in a Foreign Country. VIII. And be it enacted, That if any Ship or Vessel Ships declared registered under the Authority of this or any other Act rT'^'"^^!,,-''^ shall be deemed or declared to be stranded or unseaworthy, i^^j or'broken''* and incapable of being recovered or repaired to the Ad- up. vantage of the Owners thereof, and shall for such Reasons be sold by Order or Decree of any competent Court for the Benefit of the Owners of such Ship or Vessel or other Persons interested therein, the same shaU be taken and deemed to be a Ship or Vessel lost or broken up to all Intents and Pui'poses within the Meaning of this Act, and shall never again be entitled to the Privileges of a Bj'itish-hmlt Ship for any Purposes of Trade or Navi- gation. (1) IX. And be it enacted. That no British Ship or Vessel British Ships which has been or shall hereafter be captured by and c-'ptured not to become Prize to an Enemy, or sold to Foreigners, shall to ife Xtry'; again be entitled to the Privileges of a British Ship : but Ships con- Provided always, that nothing contained in this Act shall demned in extend to prevent the registering of any Ship or Vessel ^^^^^"^ ^^ ^^' whatever which shall afterwards be condemned in any ref^istered. Court of Admu-alty as Prize of War, or in any competent Court, for Breach of Laws made for the Prevention of the Slave Trade. PORT OF REGISTRY. X. And be it enacted. That no such Registry shall ships shall be hereafter be made, or Certificate thereof granted, by any registered at the Person or Persons herein-before autliorized to make such ,hey belonK*^'' Registry and grant such Certificate, in any other Port or Place than the Port or Place to which such Ship or Vessel shall properly belong (2), except so far as relates to such Ships or Vessels as shall be condemned as Prizes (1) As to delivering up Certificate, see § 23. (2) See § II. N 4 184 Commissioners of Customs may permit Registry at other Ports. Cap. 89. REGISTRY 8° & 9° Vict. Book of Regis- ters to be kept, and Accounts to be transmitted to Commissioners. Port to which Vessels shall be deemed to be- long. Change of sub- scribing Owner to require Re- gistry de novo. If Registry de novo cannot be made, Ship may go One Voyage with Permission endorsed on in any of tlic Islands of Guernsey^ Jersey, or Man, whicli Ships or Vessels shall be registered in manner herein-after directed ( 1 ) ; but all and every Registry and Certificate made and granted in any Port or Place to which any such Ship or Vessel docs not properly belong shall be utterly null and void to all Intents and Purposes, unless the Officers aforesaid shall be specially authoi'izcd and em- powered to make such Registry and grant such Certificate in any other Port by an Order in Writing under the Hands of the Commissioners of Her Majesty's Customs, which Order the said Commissioners are hereby authorized and empowered to issue if they shall see fit ; and at every Port where Registry shall be made in pursuance of this Act a Book (2) shall be kept by the Collector and Comp- troller, in which all the Particulars contained in the Form of the Certificate of the Registry herein-before directed (3) to be used shall be duly entered ; and every Registry shall be numbered in progression, beginning such pro- gressive Numeration at the Commencement of each and every Year; and such Collector and Comptroller shall forthwith, or within One Month at the furthest, transmit to the Commissioners of Her Majesty's Customs a true and exact Copy, together with the Number of every Certificate which shall be by them so granted. XI. And be it enacted. That every Ship or Vessel shall be deemed to belong to some Port at or near to which some or one of the Owners who shall make and subscribe the Declaration required by this Act (4) before Registry be made, shall reside ; and whenever such Owner or Owners shall have transferred all his or their Share or Shares in such Ship or Vessel, the same shall be registered de novo before such Ship or Vessel shall sail or depart from the Port to which she shall then belong, or from any other Port which shall be in the same Part of the United Kingdom, or the same Colony, Plantation, Island, or Territory, as the said Port shall be in : Provided always, that if the Owner or Owners of such Ship or Vessel cannot in sufficient Time comply with the Requisites of this Act, so that Registry may be made before it shall be necessary for such Ship or Vessel to sail or depart upon (1) See §33. (2) See § 43. as to Extracts for the Purpose of Evidence. (3) See § 2. _ (4) See § 13. 8° & 9° Vict. REGISTRY. Cap. 89. 185 another Voyage, it shall be lawful for the Collector and Comptroller of the Port where such Ship or Vessel may- then be to certify upon the Back of the existing Certificate of Registry of such Ship or Vessel that the same is to remain in force for the Voyage upon which the said Ship or Vessel is then about to sail or depart : Provided also, that if any Ship or Vessel shall be built in any of the Colonies, Plantations, Islands, or Territories in Asia, Africa, or America, to Her ISIajesty belonging, for Owners residing in the United Kingdom, and the Master of such Ship or Vessel, or the Agent for the Owner or Owners thereof, shall have produced to the Collector and Comp- troller of the Port at or near to which such Ship or Vessel was built the Certificate of the Builder required by this Act (1), and shall have made and subscribed a Declaration before such Collector and Comptroller of the Names and Descriptions of the principal Owners of such Ship or Vessel, and that she is the identical Ship or Vessel mentioned in such Certificate of the Builder, and that no Foreigner, to the best of his Knowledge and Belief, has any Interest therein, the Collector and Comptroller of such Port shall cause such Ship or Vessel to be surveyed and measured in like Manner as is directed for the Purpose of registering any Ship or Vessel (2), and shall give the Master of such Sliip or Vessel a Certificate under their Hands and Seals, purporting to be under the Authority of this Act, and stating when and where and by whom such Ship or Vessel was built, the Description, Tonnage, and other Particulars required on Registry of any Ship or Vessel, and such Certificate shall have all the Force and Virtue of a Certificate of Registry under this Act, during the Term of Two Years, unless such Ship shall sooner arrive at some Place in the United Kingdom ; and such Collector and Comptroller shall transmit a Copy of such Certificate to the Commissioners of Her Majesty's Customs. certificate of Registry. Ships built in Foreign Posses- sions for Owners resident in United King- dom may have a Certificate from the Col- lector, &c. to trade for Two Years or until Arrival in United King- dom. OWNERS DISQUALIFIED. XII. And be it enacted. That no Person who has taken Foreigners and the Oath of Allegiance to any Foreign State (3), except Pejons residing under the Terms of some Capitulation, unless he shall countHes may (]) See § 28. (3) This inchides every Foreigner. See also § 5. (2) See § 15. Seethe Declaration required by § 13. 186 Cap. 89. REGISTRY. 8« & 9"^ Vict. not be Owners, aftcrvvards bccomo a Denizen or naturalized Subject of unless Members i\^q United Kino'doui by Her Majesty's Letters Patent or tories'or An-cnts ^J ^^^ "^ Parliament, nor any Person usually residing for or Partners in any Country not under the Dominion of Her Majesty, Her rieirs and Successors, unless lie be a Member of some British Factory, or Agent for or Partner in any House or Copartnership actually carrying on Trade in Great Britain or Ireland, shall be entitled to be the Owner, in whole or in part, directly or indirectly, of any Ship or Vessel required and authorized to be registered by virtue of this Act. ill British Houses. Declaration to be made by subscribing Owners pre- vious to Re- gistry. Form of Decla- ration. DECLARATION. XIII. And be it enacted, That no Registry shall henceforth be made or Certificate granted until the follow- inply for a Certificate of the Registry of any Ship or Vessel shall and they are hereby required to produce to the Person or Persons authorized to grant such Certificate (1) a true and full Account (2), under the Hand of the Builder of such Ship or Vessel, of the proj)er Denomination of such Vessel, and of the Time when and the Place where such Ship or Vessel was built, and also an exact Account of the Tonnage of such Ship or Vessel, together with the Name of the first Purchaser or Purchasers thereof, (which Account such Builder is hereby directed and required to give under his Hand, on the same being demanded by such Person or Persons so applying for a Certificate as aforesaid,) and shall also make and subscribe a Declaration before the Person or Persons herein-before authorized to grant such Certificate that the Ship or Vessel for which such Certificate is required is the same with that which is so described by the Builder as aforesaid : Provided always, that where by reason of the Death of such Builder, or some other unavoidable Cause, such Certificate cannot be produced, it shall be lawful for the Commissioners of Her INIajesty's Cvistoms, on Proof being made to their Satisfaction of all the Par- ticulars required as aforesaid, to dispense with the Account hereby required under the Hand of the Builder, and to allow the Certificate of Registry to be granted. Certificate of Registry lost or mislaid. LOST CERTIFICATE OF REGISTRY. XXIX. And be it enacted, That if the Certificate of Registry of any Ship or Vessel shall be lost or mislaid so that the same cannot be found or obtained for the Use of such Ship or Vessel when needful, and Proof thereof shall be made to the Satisfaction of the Commissioners of Her (1) See § 3. (2) For Penalty, if false, see § 48. Commissioners may permit Re- 8° & 9" VlCT. KEGISTKY. Cap. 89. 197 Majesty's Customs (1), such Commissioners shall and may Registry. permit such Ship or Vessel to be registered de novo, and a Certificate thereof to be granted : Provided always, that if such Ship or Vessel be absent and far distant from the gistry de Port to which she belongs, or by reason of liic Absence or grant of the Owner or Owners, or of any other Impediment, ^i'^^""^* Registry of the same cannot then be made in sufficient Time, such Commissioners shall and may grant a Licence for the present Use of such Ship or Vessel, which Licence shall, for the Time and to the Extent specified therein, and no longer, be of the same Force and Virtue as a Certifi- cate of Registry : Provided also, that before such Registry Bond respecting de novo be made the Owner or Owners and Master shall lost Certificate, give Bond to the Commissioners aforesaid, in such Sum as to them shall seem fit, with a Condition that if the Certifi- cate of Registry shall at any Time afterwards be found the same shall be forthwith delivered to the proper Officers of Her Majesty's Customs to be cancelled, and that no illegal Use has been or shall be made thereof with his or their Privity or Knowledge ; and further, that before any such Licence shall be granted as aforesaid the INIaster of such Ship or Vessel shall also make and subscribe a Declaration that the same has been registered as a British Ship, naming the Port where and the Time when such Registry was made, and all the Particulars contained in the Certificate thereof, to the best of his Knowledge and Belief, and shall also give such Bond and with the same Condition as is herein-before mentioned : Provided also, that before any Before Licence such Licence shall be granted such Ship or Vessel shall be p^"*'-''! ^^'P ^ , , to uG SUrVGYCQ, surveyed in like Manner as if a Registry de novo were about to be made thereof, and the Certificate of such Survey shall be preserved by the Collector and Comp- troller of the Port to which such Ship or Vessel shall belong ; and in virtue thereof it shall be lawful for the said Commissioners and they are hereby required to permit such Ship or Vessel to be registered after her Departure, whenever the Owner or Owners shall personally attend to take and subscribe the Declaration required by this Act before Registry be made, and shall also comply with all other Requisites of this Act, except so far as relates to the Bond to be given by the Master of such Ship or Vessel, which Certificate or Registry the said Commissioners shall and may transmit to the Collector and Comptroller of any (1) See like Power to Governors, § 3. o 3 198 Cap. 89. REGISTKY. 8«&9°ViCT. RegUtnj. otliei" Povt, to bc by tlicm given to the IVIastcr of such Ship or Vessel upon his giving such Bond, and delivering up the Licence which had been granted for the then present Use of such Ship or Vessel. Persons fleuiin- XXX. And wliercas it is not proper that any Person, of\e^ktrrto i^i^t^cr any Pretence whatever, should detain the Certificate forfeirioo/. of Registry of any Ship or Vessel, or hold the same for any Purpose other than the lawful Use and Navigation of the Ship or Vessel for which it was granted ; be it there- fore enacted. That in case any Person who shall have received or obtained, by any Means or for any Purpose whatever, the Certificate of the Registiy of any Ship or Vessel, (whether such Person shall claim to be the Master or to be the Owner or one of the Owners of such Ship or Vessel or not,) shall wilfully detain and refuse to deliver up the same to the proper Officers of Her Majesty's Cus- toms for the Purposes of such Ship or Vessel, as Occasion shall require, or to the Person or Persons having the actual Command, Possession, and Management of such Ship or Vessel as the ostensible and reputed Master, or as the ostensible and reputed Owner or Owners thereof, it shall be lawful to and for any such last-mentioned Person to make Complaint, on Oath, of such Detainer and Refusal to any Justice of the Peace residing near to the Place where such Detainer and Refusal shall be in Great Britain or Ireland, or to any Member of the Supreme Court of Justice, or to any Deemster or Justice of the Peace, in the Islands of Jersey, Guernsey, or Man, or in any Colony, Plantation, Island, or Territory to Her Majesty belonging in Asia, Africa, or America, or in Malta, Gibraltar, or Heligoland, where such Detainer and Refusal shall be in any of the Places last mentioned ; and on such Complaint the said Justice or other IMagistrate shall and is hereby required, by Warrant vmder his Hand and Seal, to cause the Person so complained against to be brought before him to be examined touching such Detainer and Refusal ; and if it shall ap[>car to the said Justice or other Magistrate, on Examination of such Person or othenvise, that the said Certificate of Registry is not lost or mislaid, but is wilfully detained by the said Person, such Person shall be thereof convicted, and shall forfeit and pay the Sum of One hun- dred Pounds, and on fiiilurc of Payment thereof he shall be committed to the Common Gaol, there to remain without Bail or Maiuprize for such Time as the said Justice or 8<'&9<'ViCT. EEGISTKY. Cap. 89. 199 other Magistrate shall in his Discretion deem proper, not Registry/. being less than Three Months nor more than Twelve Months ; and the said Justice or other Magistrate shall certify the aforesaid Detainer, Refusal, and Conviction to the Person or Persons who granted such Certificate of Registry for such Ship or Vessel, who shall, on the Terms and Conditions of Law being complied with, make Regis- try of such Ship or Vessel de novo, and grant a Certificate thereof conformably to Law, notifying on the Back of such Certificate the Ground upon whicli such Ship or Vessel was so registered de novo ; and if the Person who shall have detained and refused to deliver up such Certifi- cate of Registry as aforesaid, or shall be verily believed to have detained the same, shall have absconded, so that the said Warrant of the Justice or other Magistrate cannot be executed upon him, and Proof thereof shall be made to the Satisfaction of the Commissioners of Her Majesty's Customs, it shall be lawful for the said Commissioners to 2)ennit such Ship or Vessel to be registered de novo, or otherwise, in their Discretion, to grant a Licence for the present Use of such Ship or Vessel, in like Manner as is herein-before provided in the Case Avherein the Certificate of Registry is lost or mislaid. (1) SHIP ALTERED. XXXI. And be it enacted. That if any Ship or Vessel, Ship altered Jn after she shall have been registered, shall in any Manner certain Planner whatever be altered so as not to correspond with all the j° novo^'^"^*^ Particulars contained in the Certificate of her Registry, in such Case such Ship or Vessel shall be registered de novo, in manner herein-before required (2), as soon as she returns to the Port to which she belongs, or to any other Port Avhich shall be in the same Part of the United Kingdom, or in the same Colony, Plantation, Island, or Territory as the said Port shall Ije in, on failure whereof such Ship or Vessel shall to aU Intents and Purposes be considered and deemed and taken to be a Ship or Vessel not duly registered. PRIZE. XXXII. And be it enacted. That the Owner or Vessels con- Owners of all Ships and Vessels taken by any of Her ; Officers with the same upon such Trials wci'c dispensed with ; be it therefore enacted, That the Collector and Comptroller of Her Majesty's Customs at any Port or Place, and the Person or Persons acting for them respectively, shall, upon every reasonable Request by any Person or Persons wdiomsoever, produce and exliibit for his, her, or their In- spection and Examination any Oath or Declaration sworn or made by any such Owner or Owners, Proprietor or Proprietors, and also any Registry or Entry in any Book or Books of Registry required by this Act to be made or kept relative to any Ship or Vessel, and shall, upon every reasonable Request by any Person or Persons whomsoever, permit him, her, or them to take a Copy or Copies or an Extract or Extracts thereof respectively, and that the Copy and Copies of any such Oath or Declaration, Re- gister or Entry, shall, upon being proved to be a true Copy or Copies thereof respectively, be allowed and re- ceived as Evidence upon every Trial at Law, without the Production of the Original or Originals, and without the Testimony or Attendance of any Collector or Comptroller, or other Person or Persons acting for them respectively, in all Cases as fully and to all Intents and Purposes as such Original or Originals, if produced by any Collector or Collectors, Comptroller or Comptrollers, or other Person or Persons acting for them, could or might legally be ad- mitted or received in Evidence. If Vessels or Shares sold in the Absence of Owners, with- out formal Powers, Com- missioners may permit Record of such Sales or Registry de no- vo, as the Case may require ; XLIV. And be it enacted. That if the Ship or Vessel, or the Share or Shares of any Owner thereof who may be out of the Kingdom, shall be sold in his Absence by his known Agent or Correspondent under his Directions, either expressed or implied, and acting for his Interest in that Behalf, and such Agent or Correspondent who shall have executed a Bill of Sale to the Purchaser of the whole of such Ship or Vessel, or of any Share or Shares thereof, shall not have received a legal Power to execute the same, it shall be lawful for the Commissioners of Her Majesty's Customs, upon Application made to them, and Proof to their Satisfaction of the fair Dealings of the Parties, to permit such Transfer to be registered, if Registry de novo be necessary, or to be recorded and endorsed, as the Case may be, in manner directed by this Act, as if such legal 8^ & 9^ Vict. REGISTRY. Cap. 89. 209 Power had been produced ; and also if it shall happen that Transfers. any Bill of Sale cannot be produced, or if, by reason of — ~ Distance of Time or the Absence or Deatli of Parties con- (-jj^g^ where cerned, it cannot be proved that a Bill of Sale for any Bills of Sale Share or Shares in any Ship or Vessel had been executed, ^^""'^^ ^^ P"""' and Registry de novo of such Sliip or Vessel shall have ' become necessary, it shall be lawful for the Commissioners of Her Majesty's Customs, upon Proof to their Satisfac- tion of the foir Dealings of the Parties, to permit such Ship or Vessel to be registered de novo, in like Manner as if a Bill of Sale for the Transfer of such Share or Shares had been produced-: Provided always, that in any of the Security being Cases herein mentioned o;ood and sufficient Secui'ity shall g'ven to produce ^ ~ lc'3.1 1 owcrs or be given to produce a legal Power or Bill of Sale witliin a abide future ' reasonable Time, or to abide the future Claims of the Claims, absent Owner, his Heirs and Successors, as the Case may be, and, at the future Request of the Party whose Pro- perty has been so transferred without the Production of a BUI of Sale from him or from his lawful Attorney, such Bond shall be available for the Protection of his Interest, in addition to any Powers or Rights Avhich he may have in Law or Equity against the Ship or Vessel, or against the Parties concerned, until he shall have received full Indemnity for any Loss or Injury sustained by him. MORTGAGE. XL V. And be it enacted, Thatf when any Transfer of Transfer by way any Ship or Vessel, or of any Share or Shares thereof, ° ortgage. shall be made only as a Seciu^ity for the Payment of a Debt or Debts, either by way of Mortgage or of Assignment to a Trustee or Trustees for the Purpose of selling the same for the Payment of any Debt or Debts, then and in every such Case the Collector and Comptroller of the Port where the Ship or Vessel is registered shall, in the Entry in the Book of Registry (1), and also in the Endorsement on the Certificate of Registry in manner herein-before directed (2), state and express that such Transfer was made only as a Security for the Payment of a Debt or Debts, or by way of INIortgage, or to that Effect ; and the Person Mortgagee not or Persons to whom such Transfer shall be made, or any *" ^^ deenaed other Person or Persons claiming under him or them as a Mortgagee or Mortgagees, or a Trustee or Trustees only, (1) See § 37. (2) See Form of Endorsement, § 37. P 210 Transfers. Cap. 89. REGISTRY. 8" & 9" Vict. sliall not by reason thereof be deemed to be the Owner or Owners of snch Ship or Vessel, Share or Shares thereof, nor shall the I'erson or Persons making such Transfer be deemed by reason thereof to have ceased to be an Owner or Owners of such Ship or Vessel, any more than if no such Transfer had been made, except so far as may be necessary for the Purpose of rendering the Ship or Vessel, Share or Shares, so transferred, available, by Sale or otherwise, for the Payment of the Debt or Debts for securing the Payment of which such Transfer shall have been made. Transfers of Ships for Secu- rity of Debts being registered, Rights of Mort- gagee not aftect- ed by any Act of Bankruptcy of Mortgagor, &c. Governors of Colonies, &c. may cause Pro- ceedings in Suits to be Stayed. XLVI. And be it enacted. That when any Transfer of any Ship or Vessel, or of any Share or Shares thereof, shall have been made as a Security for the Payment of any Debt or Debts, either by way of Mortgage or of Assignment as aforesaid, and such Transfer shall have been duly registered according to the Provisions of this Act ( 1 ), the Right or Interest of the Mortgagee or other Assignee as aforesaid shall not be in any Manner affected by any Act or Acts of Bankruptcy committed by such Mortgagor or Assignor, Mortgagors or Assignors, after the Time when such Mortgage or Assignment shall have been so registered as aforesaid, notwithstanding such Mortgagor or Assignor, Mortgagors or Assignors, at the Time he or they shall so become bankrupt as aforesaid, shall have in his, her, or their Possession, Order, and Disposition, and shall be the reputed Owner or Owners of the said Ship or Vessel, or the Share or Shares thereof so by him or them mortgaged or assigned as aforesaid, but such Mortgage or Assignment shall take place of and be pre- ferred to any Right, Claim, or Interest which may belong to the Assignee or Assignees of such BankruiDt or Bank- rupts in such Ship or Vessel, Share or Shares thereof, any Law or Statute to the contrary thereof notwithstanding. XL VII. And be it enacted, That it shall and may be lawful for any Governor (2), Lieutenant Governor, or Commander-in-Chief of any of Her Majesty's Colonies, Plantations, Islands, or Territories, and they are hereby respectively authorized and required, if any Suit, Informa- tion, Libel, or other Prosecution or Proceeding of any Nature or Kind whatever shall have been commenced or (1) See §§ 37. 39. (2) See Powers of Governors, § ?,, 8° & 9^ Vict. REGISTRY. Cap. 89. 211 shall hereafter be commenced in any Court whatever in any of the said Colonies, Plantations, Islands, or Terri- tories respectively touching the Force and Effect of any Register granted to any Ship or Vessel, upon a Repre- sentation made to any svich Governor, Lieutenant Governor, or Commander-in-Chief, to cause all Proceedings thereon to be stayed, if he shall see just Cause so to do, until Her Majesty's Pleasure shall be known and certified to him by Her Majesty, by and with the Advice of Her Majesty's Privy Council ; and such Governor, Lieutenant Governor, or Commander-in-Chief is hereby required to transmit to one of Her Majesty's Principal Secretaries of State, to be laid before Her Majesty in Council, an authenticated Copy of the Proceedings in every such Case, together with his Reasons for causing the same to be stayed, and such Docu- ments (properly verified) as he may judge necessary, for the Information of Her Majesty. XL VIII. And be it enacted. That if any Person or Penalty for Persons shall falsely make Declaration to any of the '"^''|"g ^^'^^ Matters herein-before required to be verified by Decla- falsifying any ration, or if any Person or Persons shall counterfeit, erase. Document, alter, or falsify any Certificate or other Instrument in Writing required or directed to be obtained, granted, or produced by this Act, or shall knowingly or wilfully make use of any Certificate or other Instrument so counterfeited, erased, altered, or falsified, or shall wilfully grant such Certificate or other Instrument in Writing, knowing it to be false, such Person or Persons shall for every such Offence forfeit the Sum of Five hundred Pounds. XLIX. And be it enacted. That the Person or Persons Owners of Bri- registered as Owner or Owners of any British Ship or ^^i^ Vessels to Vessel which shall have been lost or taken by the Enemy, coUectors^of ° or burnt or broken up, or otherwise prevented from Customs at the returning to the Port to which such Ship or Vessel ^ort of fiegis- belongs, or which shall on any account have lost or for- &c. of such '^^^^ feited the Privileges of a British Ship, shall, immediately Vessels. upon obtaining Knowledge of any of the Circumstances aforesaid, give Notice in Writing of such Circumstances to the Collector or Comptroller of the Customs at the Port of Registry of such Ship or Vessel. L. And be it enacted. That in all Cases where any Or if Vessels Bj'itish-registeYed Ship or Vessel shall have been absent «i»sent from the r 2 212 Port of Regis- try for Three Years, to state the Cause. Failing to give such Notices, &c., to forfeit 51. Cap. 89. liEGISTRY. 8° & 9° Vict. from the Port of Keglstry for the Space of Three Years, the Person or Persons registered as the Owner or Ownei's of such Ship or Vessel shall in like iSlanner give Notice in Writing to the Collector or Comptroller of the Customs at such Port, stating therein the Cause of such Absence, and that the said Vessel has not forfeited her Privileges as a British Ship. LI. And be it enacted, That every such Owner or Owners falling to give such Notice in either of the Cases aforesaid, or making any untrue Statement in respect of any such Ship or Vessel, shall forfeit the Sum of Five Pounds. How Penalties are to be reco- vered ; and Officers Shares. LII. And be it enacted, That all the Penalties and Forfeitures inflicted and incurred by this Act shall and may be sued for, prosecuted, recovered, and disposed of in such Manner, and by such Ways, Means, and Methods, as any Penalties or Forfeitures inflicted or which may be incurred for any Ofi:ences committed against any Law relating to the Customs may now legally be sued for, prosecuted, recovered, and disposed of; and that the Officer or Officers concerned in Seizures or Prosecutions under this Act shall be entitled to and receive the same Share of the Produce arising from such Seizures as in the Case of Seizures for unlawful Importation, and to such Share of the Produce arising from any pecuniary Fine or Penalty for any Oflence against this Act as any Officer or Officers is or are now by any Law or Regulation entitled to upon Prosecutions for pecuniary Penalties. Alteration of Act. LIII. And be it enacted. That this Act may be amended or repealed by any Act to be passed in this Session of Parliament. ANNO OCTAVO & NONO VICTORItE REGINiE. CAP XC. An Act for granting Duties of Customs. [4th August 1845.] ^l^HEREAS an Act was passed in the Session of Par- Uament holden in the Tliird and Fourth Years of the Reign of King William the Foui'th, intituled An Act 3& iW. -i.e. sc. for granting Duties of Customs, Avhereby the several Duties of Customs were consoKdated into One Act : And whereas since the passing of the said Act divers Parts of Acts altering the said Duties have been passed, and it will be of advantage to the Trade and Commerce of the Country that the said several Duties should be consoli- dated into One Act : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in tliis present Parliament assembled, and by the Authority of the same. That from and after the passing Commencement > of this Act the same shall come into and be and continue of Act. in full Force and Operation for all the Purposes men- tioned therein, except where any other Commencement is herein particularly directed. II. And be it enacted. That in lieu and instead of all instead of all other Duties and Drawbacks of Customs (except the oilier Duties o i Duties and Drawbacks upon Corn, Grain, Meal or Flour, C"f "'"^^ C'^"" o iTiri \/i\i 1111 .-1, cept Oil Lorn, feugar, and Molasses) (1) there shall be raised, levied, &c.), there sha 11 collected, and paid unto Her Majesty, Her Heirs and '^^ i''*"^ '™^ ^ allowed the (1) For the Duties on Corn, see 5 ?i 6 Vict. c. 14. For those en Siii-ar, see 8 Vict. c. 5. p 3 214 Duties and Drawbacks spe- cified in the 'J ables annexed. Cap. 90. DUTIES. 8" & 9" Vict. Successors, upon Goods, Wares, and Merchandize im- ported into or exported from the United Kingdom, the several Duties of Customs, and there shall be allowed the several Drawbacks (1), as the same are respectively inserted, described, and set forth in Figiu'cs in the Tables marked (A.) and (B.) to this Act annexed, together with the additional Duties herein-after mentioned. Duties on Corn, HI- And be it enacted, That the Duties imposed upon &c. to be raised, Coni, Grain, Meal, and Flour by an Act passed in the &c.,in the same ggggjon of Parliament holden in the Fifth and Sixth Years of the Heign of Her present Majesty, intituled An Act to amend the Laios for the Importation of Corn, shall be raised, levied, collected, and paid in such and the same Manner in all respects as the several Duties of Customs mentioned in this Act are directed to be raised, levied, collected, and paid. IManner as Duties men- tioned in this Act. Gallon to be levied upon Spirits, and of Five per Cent, upon all other Articles. An additional IV. And bc it cnactcd, That there shall be charged. Duty of 4(/. per raised, levied, collected, and paid unto Her Majesty, Her Heirs and Successors, in addition to the Duties men- tioned in the said Table marked (A.), upon every Gallon of Spirits or Strong Waters of all Sorts imported into the United Kingdom a fm'thcr Duty of Four- pence, and upon all the Ai'ticlcs enumerated in the said Table marked (A.), except Spirits and Strong Waters, a further Duty of Five per Centum upon the Amount of tlie several Duties in and by the said Table marked (A.) respectively charged upon the said Articles, and each of them, except the following Articles; (that is to say,) Isinglass ; Oils, chemical, essential, or perfumed ; Oils, essential, of Cloves ; Pickles preserved in Vinegar; Pickles or Vegetables preserved in Salt ; Refined Camphor ; Smalts ; Turpentine ; Verdigris ; Yarn Cable ; Glass of all Sorts. ( I ) For the Drawback on Rice, and the Conditions upon which it is to be paid, see §§ 15, 16. 8° & 9" Vict. DUTIES. Cap. 90. 215 V. And be it enacted. That the Amount of Drawbacks Goods having granted, allowed, and made payable upon Goods, AVares, P^'^^ ^aT^ and Merchandize exported from or used or consumed in former Acfs to Great Britain or Ireland, under or by virtue of any Act be entitled to or Acts in force in Great Britain or Ireland, on or imme- J'^rawbacks. diately before the passing of this Act, shall remain and continue payable (1) with respect to such Goods, Wares, and Merchandize as, having paid the Duties imposed upon the Importation thereof by any such Act or Acts, shall, from and after the passing of this Act, be exported from or be so used or consumed in Great Britain or Ireland resi^ectively. VI. And be it enacted and declared. That all Goods Goods in Ware- Avhatsoever Avhich shall have been warehoused without '. ""^^ **^ ^^ Payment of Duty upon the first Importation thereof, and Duties imposed which shall be in the Warehouse at the Commencement of by this Act. the Duties im|K)sed by this Act, shall be deemed and taken to be liable to such Duties. VII. And be it enacted, That the Duties and Draw- Duties and backs by this Act imposed and allowed shall be under the t)i"»vbacks to Management of the Commissioners of Her Majesty's Management Customs, and shall be ascertained, raised, levied, collected, of tiie Commis- paid, and recovered, and allowed and applied or appro- **'oners of Cus- priated, under the Provisions of an Act passed in the present Session of Parliament, intituled An Act for the general Regulation of the Customs. VIII. And be it enacted, That it shall be lawful for iicciprocal Her Majesty, by and with the Advice of Her Privy /J^'f^I" ^^ Council, by Her Order in Council, from Time to Time to Foreign Mer- order and direct that there shall be levied and collected any chandize, &c. additional Duty, not exceeding One Fifth of the Amount of any existing Duty, upon all or any Goods, Wares, or Merchandize, the Growth, Produce, or Manufacture of any Country which shall levy higher or other Duties upon any Article the Growth, Produce, or Manufacture of any of Her Majesty's Dominions than upon the like Article the Growth, Produce, or Manufacture of any other Foreign. Country, and in like Manner to impose such additional Duties upon all or any Goods when imported in the Shi|)s of any Country which shall levy higher or other Duties (I) See Limitation of Time, Cap. 86. § 99. V 4 216 Cap. 90. DUTIES. 8" & 9° Vict. 59 G. n. c. 54. to apply to all Foreign Powers as well as United States and Portugal, and to Duties on Goods as well as on Ships. upon any Goods when imported in British Ships than when imported in the national Ships of Huch Country, or whicli shall levy hif^her or other Tonnage or Port or other Duties upon British Shijis than upon such national Ships, or Avhich shall not place tiie Commerce or Navigation of this Kingdom upon the Footing of the most favoured Nation in the Ports of such Country, and either to prohibit the Importation of any manufactured Article the Produce of such Country in the event of the Export of the raw Material of which such Article is wholly or in part made being prohi})ited from such Country to tlie British Do- minions, or to impose an additional Duty, not exceeding One Fifth as aforesaid, upon such manufactured Article, and also to impose such additional Duty in the event of such raw Material being subject toany Duty upon being cxpoited from the said Country to any of Her Majesty's Dominions ; and all Duties imposed by any such Order shall be deemed to be Duties imposed by this Act. (1) IX. And whereas by an Act passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, intituled An Act to carry into effect a Coiivention of Commerce concluded hetioeen His Majesty and the United States of America, and a Treaty loith the Prince Regent of Portugal, divers Provisions were made respecting the Duties payable and the Bounties and AlloAvances to be granted upon the Importation and Exportation of Goods, Wares, and Merchandize into or from the United Kingdom in Vessels of the United States and in Portuguese Vessels, and respecting the Repayment to certain Corporations, Bodies Politic and Corporate, and sundry other Persons, of the Amount of the Sums of Money of which they would be deprived by means of the said Act, and it was thereby enacted tliat the said Act should continue in force so long as the Convention therein recited between His said late Majesty and the United States of America, and the Treaty therein recited between His said late Majesty and His Royal Highness the Prince Regent of Portugal, and so long as any Treaty to be made with any Foreign Power with the similar Provisions therein-before recited, should respectively continue in force : And whereas, sub- sequently to the Enactment of the said recited Act, Her (1) For further Powers of this Nature, see 4 G. 4, c. 77. and 5 G. 4. c. 1. Appendix. 8° & 9^ Vict. DUTIES. Cap. 90. 217 Majesty and Her Royal Predecessors have made and concluded with divers Foreign Powers Treaties containing Provisions similar to those recited in the said recited Act, and Doubts have arisen whether, according to the true Construction thereof, the said Act doth apply and extend to the Trade and Shipping of such other Foreign Powers, and whether the same applies to differential Duties or Charges on Goods imported or exported in Foreign Ships as well as to differential Duties and Charges on Foreign Ships, and it is expedient that such Doubts be removed ; be it therefore enacted and declared, That from and after the Ratification of any Treaty heretofore made by Her Majesty or any of Her Royal Predecessors subsequently to the Enactment of the said Act, or of any Treaty which may hereafter be made by Her Majesty, Her Heirs and Successors, Avith any such Foreign Power, in which Treaty has been or shall be contained Provisions similar to those recited in the said recited Act, all and every the Provisions, Clauses, Matters, and Things in the said recited Act contained shall apply and extend to the Trade and Shipping of sucli Foreign Powers respectively as fully and effectually to all Intents and Purposes as to the Trade and Shipping of the said United States and of the said Kingdom ol Portugal, and also shall a2:)ply and extend to differential Duties or Charges on Goods imported or exported in the Ships of such Foreign Powers as well as to differential Duties on the Ships of such Foreign Powers. X. Provided nevertheless, and be it enacted and declared. Recited Act not That the said recited Act doth not extend, and shall not *« J^'« construed be construed to extend, to grant to or to confer upon the powcis'b^ond Ti-ade or Shipping of the said United States or of the said subsisting Kingdom of Portugal, or of any other Foreign Power, or T'e^tics. to the Subjects of such States or Kingdom, or of any such Foreign Power as aforesaid, any other or greater Advan- tage than such as shall have been stipulated for by and granted to the said United States, the said Kingdom of Portugal, or any such other Foreign Power, by the respective Treaties subsisting and in force between them respectively and Her Majesty, Her Heirs and Successors, or Her Royal Predecessors, but that the said Act shall be 80 construed and applied as to give full and complete Effect to such respective Treaties so long as the same shall respectively remain in force, and is to provide such, and only such, Indemnity as therein mentioned to such Bodies 218 Ca[). 90. DUTIES. 8'^ & 9" Vict. Politic aiitl Corporate, and other Persons as are therein mcutioiicil, for such Losses as they shall respectively sustain by the Execution of such respective Treaties. Her iNiajestv, -^^' ^"^ ^^^' ^'^^ Prevention of Uncertainty herein, be witii Advice of it cnactcd. That it shall and may be lawful for Her Privy Council, Majcsty, Her Heirs and Successors, by any Order or Powers with Orders to be by Her or Them made, witli tlie Advice wiiom Treaties of Her or Tlicir Privy Council, and published in the are subsisting. London Gazette, from Time to Time to declare what are the Foreign Powers with which any such Treaty or Treaties as aforesaid is or are subsisting, and this present Act and tlie said recited Act shall apply and shall be deemed from the Time of the liatification of any such Treaties to have been applicable to the Trade and Shipping of such Foreign Coimtries as shall be so mentioned in any such Order or Orders in Council as aforesaid, so long as any such Order or Orders shall continue unrevoked, and no longer. Lords of Trea- XII. And be it enacted. That in any Case where any siiry may reduce Treaty is in forcc between Her Majesty and any Foreign Duties on Ships gtatc. Containing any Stipulations that no higher Duties Countries under ^^ Charges sliall be levied on the Vessels or Produce of Reciprocity. such Foreign State, or upon Goods exported or imported in the Vessels of such Foreign State than on British Ves- sels or Produce, or upon the like Goods exported or im- ported in British Vessels, or any direct or indirect Stipu- lations to the like Effect, or for the like Objects, or any of them, it shall be lawful for the Commissioners of Her Majesty's Treasury, or any Two or more of them, from Time to Time to give Directions that all Duties or Charges imposed by any Act passed after the Tenth Day of Jul?/ One thousand eight hundred and forty-two upon the Ves- sels of such Foreign State entering or leaving any Port of Her Majesty's Dominions, or upon Articles of the Growth, Produce, or Manufacture of the Dominions of such Foreign State, or upon any Articles imported into the United Kingdom in Vessels of sucli Foreign State, or upon any Articles (or any particular Classes of Arti- cles) exported from the United Kingdom (or exported from the United Kingdom to any particular Place or Places), shall be reduced to the same Kates as are in the like Catjcs imposed upon British Vessels, or upon the like Articles of British Cirrowth, Produce, or Manufacture, or 8"&9^ViCT. DUTIES. Cap. 90. 219 upon the like Articles imported into or exported from the United Kingdom in Britisli Vessels, or to give so much of the said Directions as the Case may require. XIII. And be it enacted. That all Manufactures of Manufactures of Gibraltar, Malta, and Helinoland made of Materials of Gibrahar, &c. Jb oreign Produce hablc to -Duty upon Importation mto the i^atcrials United Kingdom, upon which no such Duty has been deemedForeign. paid, or upon which Drawback of such Duty has been allowed in the United Kingdom, shall, for the Purposes of Duty, be deemed and taken to be the Produce of and imported from a Foreign Country. XIV. And whereas a Treaty has been concluded Certain Pro- between Her Majesty and the United States of America, '^"'^'^ °^*|'^ . dated the Ninth Day oi August in the Year One thousand ^^\^ treated as eight hundred and forty- two, whereby it is stipulated that the Produce of all the Produce of the Forest in Logs, Lumber, Timber, N.*^^ B'""n«- Timber Boards, Staves, or Shingles, or of Agriculture, not being manufactured, grown on any of those Parts of the State of Maine watered by the River Saijit John or by its Tributaries, of which Fact reasonable Evidence shall, if required, be produced, shall have free Access into and through the said River and its Tributaries having their Source within the State of Maine to and from the Seaport at the Mouth of the River Saint John, and to and round the Falls of the said River, either by Boats, Rafts, or other Conveyance, and that when within the Province of Neio Brunstcick the said Produce shall be dealt with as if it were the Produce of the said Province : And whereas it is the Intention of the High Contracting Parties to the said Treaty that the aforesaid Produce should be dealt with as if it were the Produce of the Province of New Brimswick ; be it therefore enacted. That the Produce in the said recited Treaty and herein-before described shall, so far as regards all Laws relating to Duties, Navigation, and Customs in force in the L^nited Kingdom, or in any of Her Majesty's Dominions, be deemed and taken to be and be dealt with as the Produce of the Province of New Brimswick : Provided nevertheless, that in all Cases in which Declarations and Certificates of Production or Origin, and Certificates of Clearance, would be required in respect of such Produce if it were the Produce of New Brunswick, similar Declarations and Certificates shall be required in re.spect of such Produce, and shall state the 220 Cap. 90. DUTIES. 8" & 9" V ICT. same to be the Produce of those Parts of the State of Maine which arc entered by the Kiver Saint John or by- its Tributaries. Drawback on the I'vxiiortation of Forcij^n Rico or I'adilv. XV. And be it enacted, That upon the Exportation fi'om the United Kingdom of any Foreign llice or Paddy Avhich shall have been cleaned therein, and which shall have paid the Duties payable on the Importation thereof, there shall be allowed and paid for every Hundred Weight thereof a Drawback equal in Amount to the Duty paid on every Four Bushels of the rough Rice or Paddy from which the same shall have been cleaned. Conditions on wliicli such Drawback is to be paid. Warebousiiig of Goods. Cape of Good Hope deeined to be within XVI. Provided always, and be it enacted, That such Drawback upon Rice so exported shall be paid and allow^ed only npon such clean Rice as shall be deposited for the Purpose of Exportation, within One Calendar INIontli from the Day on which the Duty thereon had been paid, in some Warehouse in v/hich Rice may be Avarehoused on Importation Avithout Payment of Duty, and shall thei'e remain secured until duly shipped to be exported from such Warehouse : Provided also, that the Exporter of such Rice shall make Declaration before the Collector or Comp- troller that the ^ice so warehoused for Exportation was cleaned from the rough Rice or Paddy upon which the Duties had been so paid. XVII. And be it enacted. That it shall be lawful for the Importer of any Goods subject to any Duties of Cus- toms to warehouse such Goods upon the first Entry thereof, under the Laws in force for the warehousing of Goods (1), Avithout Payment of Duty upon such first Entry, and that all Goods wliich shall have been so ware- housed before the Commencement of any such Duties, and shall remain so warehoused after the Commencement of the same, shall become liable to such Duties in lieu of all former Duties. XVIII. And be it enacted. That for the Purposes of this Act the Cajje of Good Hope (2), and the Territories and Dependencies thereof, shall be deemed to be within (1) See Cap. 91. (2) Sec general Power to regulate the Trade, Cap. i}J. § 90. Cape of Good Hope, ice Cap. 93. § 62. also as to 8° & 9° Vict. DUTIES. Cap. 90. 221 the Limits of the East India Company's Charter, and the Limits of Island of Mauritius ( 1 ) shall be deemed to be one of Her Charter ; Majesty's Sugar Colonies, and i)laced upon the same ^'^^""il^dij's^ Footing in all respects as Her Majesty's Islands in the West Indies. XIX. And be it enacted. That all Goods the Produce Produce of of Places within the Limits of the East India Company's p!™|'®.''.*^ Charter having been imported into Malta or Gibraltar (2), po,.\ej jvom from those Places in British Ships shall, upon subsequent Malta or Importation into the United Kingdom direct from Blalta tiibraltar. or Gibraltar, be liable to the same Duties as the like Goods would respectively be liable to if imported direct from some Place within the Limits of the said Charter. XX. And whereas by the Consolidation of the different An Account of Branches of the public Revenue, and of the several Duties *''« Amoxuu of payable on the Importation or Exportation of Goods, Revenues of Wares, and Merchandize, and the Appropriation thereof, the Crown to be as directed by the several Acts in force in England, the i^^pt separate. hereditary and temporary Revenues of the Crown of Sub- sidies of Tonnage and Poundage, and of other Duties upon Goods, Wares, and Merchandize arising in England, arc not now kept distinct and separate at the several Offices, but have become blended with other Duties of Customs and Tonnage both in the Collection and Appropriation thereof : And whereas it is expedient that Provision should be made for ascertaining the annual Amount of what such hereditary Revenues would have produced in case the same had not been so consolidated, and that an Account should hereafter be kept of such annual Amount ; be it therefore enacted. That from and after the passing of this Act the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland fov the Time being, or aijy Tln^ee or more of them, shall cause to be prepared and kept an Account of what such hereditary Revenue arising in England would have amounted to in case the same had not been and was not consolidated and collected with other Duties of Customs and Tonnage in the Collection and Appropriation thereof, in such Manner and Form as shall appear to the said Commissioners of (1) As to Mauritius, see Cap. 93. § 61. (2) As to Right of Importation, see Cap. 88. § ?,. See also Malta deemed in Europe, Cap. 86. § 1 28. 222 Cap. 90, DUTIES. 8" & 9*^ Vict. Her Majesty's Treasury for the Time being best adaptetl to ascertain such Amount, whicli Account the said Com- missioners for the Time being are hereby required to make out, or cause to be made out, and hiid before Parliament, together with the pubhc Accounts directed to be laid ' before Parliament, pursuant to the Provisions of the several Acts for directing public Accounts to be laid annually belbre Parliament. Not to afTcct XXI. Provided always, and be it enacted. That nothing tiie hereditary jj^ ^|^jg ^^^ contained shall extend or be construed to Scotland. extend to affect or to alter the hereditary Revenue of Her Majesty, Her Heirs and Successors, in Scotland, or other Revenues there granted to His late Majesty King George the Second, during his Life, and reserved to Her present Majesty during Her Life, by an Act passed in the First Year of Her present Majesty's Reign, but the same, and the Civil Establishment payable out of the same, shall continue to be paid in like Manner as heretofore, any thing in this Act contained to the contrary notwithstanding. Duties to be XXII. And be it enacted, That all the Monies arising paid into tiie ^ ^j^^ Dutics imposed by this Act (the necessary Charges .cjXclicouBr unci*' ^ n t carried to the of raising and accounting for the same excepted) shall Consolidated froni Time to Time be paid into the Receipt of Her Fund. Majesty's Exchequer in Great Britain, and shall be carried to and made Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, except only as by this Act is specially provided, and shall be appropriated in like Manner and to the same Services as the Duties by this Act repealed would have been if this Act had not been passed. Duties due XXIII. And be it enacted. That all Monies arising before the from any Duties of Customs, or any Arrears thereof, shall Act 'Ihi" levied be raised, levied, collected, paid, or received from and after after, to be the passiug of tliis Act, for or on account of any Goods, deemed Duties ^Y^res, or Merchandize whatever imported or brought into and appropri- ' the United Kingdom of Great Britain and Ireland, or ated as such. exported from the said United Kingdom, although the Amount of the said Duties may have been computed and ascertained as such Duties have been computed and ascer- tained before the passing of this Act, and although the Goods, Wares, or Merchandize whereon any such Duties of Customs may have been charged or may be charged 7 8«&9'VicT. DITTIES. Cap. 90. 223 may liave been imported into or exported from the United Kingdom before the passing of this Act, and although any Duties of Customs due and payable, or charged or chargeable thereon, may have been secured by Bond or otherwise on or before the passing of this Act ; and all such Monies shall from and after the passing of this Act be appropriated and applied in like Manner and to the same Purposes as the Duties of Customs by this Act granted are directed to be appropriated and applied, except as is in this Act provided, any Act or Acts of Parliament, Law, Usage, or Custom, to the contrary notwithstanding ; and that all Monies arising by any of the Revenues of Customs hereafter to be paid or allowed, either upon Bond or otherwise, either by way of Drawback, Bounty, Certi- ficate, Premium, or Allowance, or by any other legal Document whatever, from and after the passing of this Act, although the Amount of the same shall have been computed and ascertained in like Manner in which they have heretofore been usually computed and ascertained, or shall have become due before the passing of this Act, shall and may be paid or allowed in like Manner by the proper Officer or Officers of the Customs out of any Monies in their Hands arising from the Duties of Customs respectively. XXIV. And be it enacted. That this Act may be Alteration of amended or repealed by any Act to be passed in this ^'^*' present Session of Parliament. 224 Cap. 90. DUTIES. 8" & 9^^ Vict. SCHEDULE to which the foregoing Act refers. TABLE (A.) GOODS, WARES, AND MERCHANDIZE IMPORTED. ARTICLES. Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. Agates or Cornelians, not set ■ set Ale and Beer, of all Sorts Alganobilla Seed - Alkali Alkanet Root Almonds, not Jordan, nor Bitter ■ Jordan Bitter for every 100/. Value - the Barrel the Cwt. the Cwt. Paste of - for every 100/. Value Aloes Alum - - - - - — Rock - . _ _ Amber, rough . - _ _ _ — Manufactures of, not enumerated, for every 100/. Value Ambergris - - Araboyna Wood - - - - - Anchovies - - - - the lb. Angelica - - . - . Animals (living), viz. ■ Asses - _ _ each ■ Goats - - - each ■ Kids _ _ . each • Oxen and Bulls - - each Cows - - . each ■ — ■ ■ Calves ... each ■ Horses, Mares, Geldings, Colts, Foals each • Mules . - - - each Sheep Lambs Swine and Hogs Pigs (sucking) - each - each - each - each £ s. d. Free. 15 2 Free. 10 15 Free. 20 Free. 15 Free. 2 Free. 2 6 1 1 1 15 10 1 2 6 3 2 £ s. d. Free. 15 2 Free. 10 1 5 Free. 20 Free. 15 Free. Free. 13 6 6 10 7 6 5 10 1 3 1 6 1 2 6 1 8° & 9° Vict. DUTIES. Table (A.) — Goods, Wares, and Merchandize Cap. 90. 225 IMPORTED— continued. ARTICLES. Annatto Roll and Flag Antimony, viz. Ore of - Crude Regulus Apples, raw dried Aquafortis Argol - - Aristolochia Arrowroot - - . Arsenic Ashes, viz. Pearl and Pot Soap, Weed, and Wood not enumerated Asphaltum or Bitumen Judaicum the Bushel the Bushel - the Cwt. theCwt. Rates of Duty. the Cwt. Bacon - - Balsams, unenumerated - . . Bandstring Twist, the Dozen Knots, each containing 32 Yards ... - . Barilla - - - - - Bark - - . - . Bark, Extract of, or other Vegetable Substances to be used only for tanning Leather Barley, Pearled . _ - the Cwt. Barwood . . - . Basket Rods, peeled and unpeeled Baskets - - , for every 100/. Value Bast Ropes, Twines, and Strands - the Cwt. Beads, viz. Arango - for every 100/. of the Value Coral - - for every 100/. of the Value Crystal - - - the 1,000 Jet - - for every 100/. of the Value not otherwise enumerated or described, for every 100/. of the Value Beans, Kidney and French Beef, salted (not being corned Beef) fresh, or slightly salted Of or from Foreign Countries. the Cwt. the Cwt. £ s. d Fiee. 6 2 5 Free. 5 Free. 14- Free. 5 Free. 5 Free. 10 5 15 15 5 15 15 Free. 8 8 Of and from. British Possessions. £ s. d. Free. 2 2 5 Free. 1 Free. 3 6 Free. 2 6 Free. 2 6 Free. 10 2 6 15 15 5 15 15 Free. 2 2 226 Cap. 90. DUTIES. 8° & Q'' Vict. Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Beef Wood - . _ . . Beer or Mum - - - the Barrel Spruce - - - - the Barrel Berries, unenumerated _ - - - Birds, viz.. Singing Birds - - . Bitumen Judaicum - - - ^ Blacking - _ _ . the Cwt. Black Wood . . . . . Bladders - - - - - Bones of Cattle and other Animals, and of Fish (except Whale Fins), whether burnt or not, or as Animal Charcoal - - Books, viz. (1) being of Editions printed prior to the Year 1801, bound or unbound - the Cwt. being of Editions printed in or since the Year 1801, bound or unbound - the Cwt. being of Editions in the Foreign Living Languages, printed in or since the Year 1801, bound and unbound - the Cwt. Boracic Acid _ . - - . Borax, refined . - - - _ Borax or Tincal, unrefined . _ . Bottles, of Earth and Stone, empty - the Dozen full .... Flasks in which Olive Oil is imported Boxes of all Sorts, excepting those made wholly or partly of Glass, on which the proper Glass Duty Rates of Duty. will be levied Box Wood Brass, Manufactures of Powder of Brazil Wood Brazilleto Wood Bricks or Clinkers (Dutch) other Sorts Brimstone refined, in Rolls .■ ■ in Flour for every 100/. Value for every 100/. Value - the lb. the 1,000 the 1,000 Of or from Foreign Countries. £ s. Free. 2 1 Free. 1 Free. 1 5 2 10 Free. 2 Free. 10 Free. 15 6 Free. 10 15 Flee. Of and from British Possessions. £ s. d. Free. 2 1 Free. 1 Free. 1 5 2 10 Free. 2 Free. 5 Free. 15 6 Free. 5 7 6 Free. (I) For what Boots are prohibited, see Cap. 86. § 63. 8^ & 9" Vict. DUTIES. Cap. 90. 227 Table (A.) — Goods, Wares, and Merchandize iMPORTEn—contimtcd. ARTICLES. Bristles, rough, or in any way sorted Brocade of Gold or Silver - for every 100/. Value Bronze, all Works of Art - - . other Manufactures of- for every lOOA Value Powder - - for every 100/. Value Bullion and Foreign Coin, of Gold or Silver, and Ore of Gold or Silver, or of which the major Part in Value is Gold or Silver - - Bull Rushes - _ . - - Butter - - . - theCwt. Buttons (Metal) - - for every 100/. Value Cables (not being Iron Cables), tarred or untarred, the Cwt. not being Iron Cables, in actual Use of a Bri- tish Ship, and being fit and necessary for such Ship, and not or until otherwise disposed of if and when otherv»'ise disposed of, for every 100/. Value old, and taken from Foreign Ships, provided the same be rendered unserviceable by Re- duction into Lengths not exceeding Three Fathoms - Camomile Flowers Camphor, unrefined refined ( 1 ) Camwood . . _ . Candles, viz. Spermaceti - _ _ the lb. Stearine . _ » the lb. Tallow . _ - the Cwt. Wax - - - - the lb. Candlewick . _ - , . Canella, Alba _ _ - , Canes, viz. Bamboo . - - - Rattans, not ground Reed Canes - - - - Walking Canes or Sticks mounted, painted, or otherwise ornamented - for every 1 00/. Value for every 100/. Value the Cwt. Hates of Duty. Of or from Foreign Countries. £ s. d. Free. 20 Free. 15 15 1 15 Free. 6 Free. 10 10 Fre e 5 Free. 6 2i 10 o" 4- Free. 20 Of and from British Possessions. £ s. d. Free. 20 Free. 15 15 Free. 5 15 3 Free. 5 Free. 5 Free. 6 2i 10 4 Free. 20 (1 ) Not liable to the additional 51. per Cent. Q 2 See § 4. 228 Cap. 90. DUTIES. S*' & 9° Vict. Table (A.) — Goods, Wari^s, and Merchandize imported — continued. ARTICLES. Canes or Sticks unenuraerated Cantharides Caoutchouc Capers, including the Pickle Cardamons Cards, viz., Playing Cards Carmine Carriages of all Sorts Casks (empty) Cassava Powder Cassia, viz. Buds Fistula Lignea - the lb. - the lb. - the Dozen Packs - the oz. for every 100/. Value for every 100/. Value - the Cwt. Rates of Duty. . the lb. the Cwt. Castor Casts of Busts, Statues' or Figures Catlings - the Gross, containing 12 Dozen Knots Caviare - - - - the Cwt. Cedar Wood . _ . - - Chalk, viz. unmanufactured ... - prepared or manufactured, and not otherwise enumerated - for every 100/. V^lue Cheese - - - - - the Cwt. Cherries, raw - - for every 100/. Value dried ... the lb. Chicory, or any other vegetable Matter applicable to the Uses of Chicory or Coffee, viz. roasted or ground . - - the lb. • raw or Kiln-dried - - the Cwt. China Root . - - - - Chinaor Porcelain Ware, plain - for every 100/. Value painted, gilt, ornamented - for every 100/. Value Chip or Willow for platting . . - Cider - - - - the Tun Cinnabaris Nativa _ , - Cinnamon - - - the lb. CitratofLime - - _ . _ Citric Acid _ _ . . Citron, preserved with Salt - for every 100/. Value Civet ...-., Of or from Of and from Foreign British Countries. Possessions. £ s. d. Free. 3 Free. 6 Free. 4 6 20 25 5 Free. 3 Free. 2 6 3 5 Free. £ s. d. Free. 3 Free. 3 Free. 4 6 20 25 1 Free. 1 Free. 2 6 3 5 Free. 10 5 10 6 2 6 5 5 6 6 6 6 1 1 Free. Free. \5 15 20 20 Free. Free. 10 10 10 10 Free. Free. 6 3 Free. Free 10 10 Free Free. 8" & 9° Vict. DUTIES. Cap. 90. 229 Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Rates of Duty. Clocks - - - for every 100/. Value or Watches of any Metal, impressed with any Mark or Stamp appearing to be, or to repre- sent any legal British Assay Mark or Stamp, or purporting, by any Mark or Appearance, to be of the Manufacture of the United Kingdom Cloves Coals, Culm, or Cinders Cobalt Ore Cochineal and Granilla Dust Cocoa Husks and Shell Paste, or Chocolate the lb. ■ the lb. • the lb. • the lb. the Cvvt ■ the lb. the Cwt. Coculus Indicus . - - Coffee Coir Rope, Twine, and Strands Rope and Junk, old and new, cut into Lengths not exceeding 3 Feet each Colocynth _ _ _ . Columba Root - . - Comfits, dry . - . the lb. Confectionery ... the lb. Copper, Ore of, viz. containing not more than 15 Parts of Copper in 100 Parts of Ore - per Ton of Metal containing not more than 20 Parts of Copper in 100 Parts of Ore - per Ton of Metal containing more than 20 Parts of Copper in 100 Parts of Ore - per Ton of Metal old, fit only to be re-manufactured - the Cwt. unwrought, viz., in Bricks or Pigs, Rose Cop- per, and all cast Copper - the Cwt. ■ in part wrought, viz., Bars, Rods, or Ingots, hammered or raised - - the Cwt. in Plates and Copper Coin - the Cwt. . Manufactures of Copper, not otherwise enu- merated or described, and Copper Plates engraved - for every 100/. Value = Copper or Brass Wire - for every 100/. Value Q 3 Of or from Of and from Foreig n British Countries. Possessions. .£ s. d. £ s. d. 20 20 Prohibited. Prohibited. 6 6 Free. Free. 2 1 1 Qi 6 2 7 6 7 6 6 4- 2 6 1 3 Free Free. 6 3 6 6 3 1 4 10 1 6 1 7 6 3 6 8 9 4 10 5 10 5 15 15 12 10 12 10 230 Cap. 90. DUTIES. 8° & 9° Vict. Table (A.) — Goods, Wares, and Merchandize imported — continued. Rates of Duty. ARTICLES. Of or from Of and from Foreig 1 British Countries. Possessions. £ S. d. £ s. d. Copperas, Blue - - - - Free. Free. Green - - - - — — White - .. - - — — Coral, viz. — in Frji^nients - - ■ * ^_^ __ whole, polished - . - - — — ■ unpolished _ . - — — Cordage, tarred or untarred (standing or running Rigging in use excepted) - theCwt. 6 3 in actuil Use of a British Ship) and l^fin"" fit and necessary for such Ship, and not or until otherwise disposed of - - Free. Free. ■ if and when otherwise disposed of, for every 100^. Value 5 2 10 Cork . . . - - Free. Free. Corks, ready made . - - the lb. 8 8 squared for rounding - " the Cwt. 16 16 Fishermen's - - - the Cwt. 2 2 Cotton, Manufactures of - for every 100/. Value 10 5 • • Yarn - - - - Free. Free. \ v.4-^ri}^c- /->n T\/ro»uifontiiT><:sc rvf PnffriVl ■^irlinlllr or in part made up, not otherwise charged with Duty - - for every 100/- Value 20 10 Cranberries - - - the Gallon 1 1 Crayons - - - for every 100/. Value 15 15 Cream of Tartar _ - . - - Free. Free. Crystal, viz. rough - - - _ — — _———__ nit nr mniinfaftiirpd. pxpent Reads. for every 100/. Value 15 15 Cubebs _.---. Free. Free. Cucumbers, viz., preserved - for every 100/. Value 10 5 Currants - - - - the Cwt. 15 15 Cutch . . - - - Free. Free. Dates _ . - - the Cwt. 10 10 Diamonds _ _ - - . Free. Free. Dice -..-.- the Pair 1 6 2 1 6 2 Divi Divi --.--. Free. Free. Down - - . - _ — — Drugs, not enumerated - - — — 8<'&9°ViCT. DUTIES. Cap. 90. 231 Table (A.) — Goods, Wares, and Merchandize imported — cotitinued. ARTICLES. Rates of Duty. Earthenware, not otherwise enumerated or described, for every 100/. Value Ebony - _ - - - Eggs - - - - the 120 Embroidery and Needlework - for every 100/. Value Enamel - . - - the lb. Essences not otherwise described, viz. Extract of Cardamoms - for every 100/. Value Coculuslndicus - for every 100/. Value Guinea Grains of Paradise, for every 100/. Value ■ Licorice - - for every 100/. Value Nux Vomica - for every 100/. Value Opium - - for every 100/. Value Guinea Pepper - for every 100/. Value Peruvian or Jesuit's Bark, for every 100/. Value Quassia - - for every 100/. Value Radix Rhataniaj - for every 100/. Value Vitriol - - for every 100/. Value Extract or Preparation of any Article, not being par- ticularly enumerated or described, nor otherwise charged with Duty - for every 100/. Value Or, and in lieu of the above Duty, at the Option of the Importer - - - the lb. Essence of Spruce - for every 100/. Value Feathers for Beds, in Beds or otherwise Ostrich, dressed undressed the lb. Figs Fish, viz. Eels Lobsters Turbots - not otherwise enumerated or described, viz. - dressed - - for every 1 00/. Value - undressed - - - Paddy Bird - - •• the lb. undressed _ - - - theCwt. - the Ship's Lading - the Cwt. Q 4 £ s. d. 10 Free. 10 20 2 20 20 20 20 20 20 20 20 20 20 20 20 10 5 Free. 1 10 Free. 10 Free. 1 Free. 15 13 Free. 5 £ d. 10 Free. 2i 20 2 20 20 20 20 20 20 20 20 20 20 20 20 5 10 Free. 1 10 Free. 10 Free. 1 Free. 15 232 Cap. 90. DUTIES. S'' & 9° Vict. Table (A.)— Goods, Wares, and Merchandize imported — continued. ARTICLES. Fish — continued. of Foreign taking, imported from Foreign Places in other than Fishing Vessels, viz. Oysters - - - the Bushel Salmon - - -the Cwt. Soles - - - the Cwt. Turtle - - - - the Cwt. Fresh, not otherwise enumerated - the Cwt. Cured, not otherwise enumerated - the Cwt. of British taking, fresh or cured Flasks in which Olive Oil is imported Flax and Tow or Codilla of Hemp or Flax, whether dressed or undressed . - - - Flocks - - - - - Flower Roots . _ - - Flowers, Artificial, not made of Silk, for every 100/. Value Frames for Pictures, Prints, or Drawings, for every 100/. Value Fruit, viz.., raw, and not otherwise enumerated, for every 100/. Value Fustic . - - - - Gallic Powder Galls Gamboge Garnets, cut, uncut, not set Garancine Gauze of Thread Gelantine Gentian Ginger — preserved Ginseng for every 100/. Value - the Cwt. - the Cwt. - the lb Until the 10th Day of October 1846, the follow- ing Duties of Customs : — Glass, viz. ( 1 ) any Kind of Window Glass, White or stained of One Colour only, not exceeding One Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. £ s. d. 1 6 10 5 5 1 2 Free. Free. 25 10 5 Free. 15 10 Free. 10 6 Free. £ s. d. Free. Free. 25 10 5 Free. 7 10 10 Free. 5 1 Free. (1 ) Glass of all Sorts not subject to the additional 5i. per Cent. See § 4. 8°&9''ViCT. DUTIES. Cap. 90. 233 Table (A.) — Goods, Wares, and Merchandize imported — continited. ARTICLES. Glass — continued. Ninth of an Inch in Thickness, and Shades and Cylinders - - the Cwt. all Glass exceeding One Ninth of an Inch in Thickness, all silvered or polished Glass of whatever Thickness, however small each Pane, Plate, or Sheet, superficial Measure, viz. not exceeding more than Nine Square Feet, the Square Foot containing more than Nine Square Feet, and not more than Fourteen Square Feet, the Square Foot containing more than Fourteen Square Feet, and not more than Thirty-six Square Feet, the Square Foot containing more than Thirty six Square Feet, the Square Foot painted or otherwise ornamented, the Superficial Foot all White Flint Glass Bottles, not cut, engraved, or otherwise ornamented, and Beads and Bugles of Glass - - the lb. Wine Glasses, Tumblers, and all other White Flint Glass Goods, not cut, engraved, or otherwise ornamented - - the lb. all Flint Cut Glass, Flint coloured Glass, and fancy ornamental Glass, of whatever Kind, the lb. Bottles of Glass covered with Wicker (not being Flint or Cut Glass), or of Green or Common Glass - - the Cwt. Manufactures, not otherwise enumerated or described, and old broken Glass, fit only to be remanufactured - - the Cwt. And from and after the 10th Day of October 1846, until the 5th Day of April 1848, there shall be charged on the said Article One Half of the said Duties ; and from and after the 5th Day of April 1848, One Fourth of the said Duties. Rates of Duty. Of or from Foreign Countries. £ s. d. 14 I 2 2 6 3 3 2 4 8 3 14 234 Cap. 90. DUTIES. 8" & 9° Vict. Table (A.) — Goods, Wares, and Merchandize imported — continued. Rates o f Duty. ARTICLES. Of( IT from Of and from F( jreiini British Countrie s. Possessions. £ S. d. £ 6. d. Glue .... theCwt. 3 3 Clippings or Waste of any Kind, fit only for Glue . - . . Free. Free. Gold, Leaves of - - - the 100 3 3 Grains, Guinea and Paradise - - the Cwt. \5 15 Grapes - - - for every 100/. Value 5 5 Grease _ _ - - - Free. Free. Greaves, for Dogs _ . - - — — Tallow _ - - - — — Guano . - _ _ — — Gum, unenumerated _ _ _ — — Gunpowder . . - the Cwt. 1 1 Gun Stocks in the rough, of Wood Free. Free. Gypsum - - - - - — — Hair, viz. Camel's Hair or Wool - - - — — . Cow, Ox, Bull, or Elk Hair __ — Goat's Hair or Wool - - - — Hoi-se Hair - - - — — Human . - - - — — Unenumerated ... — Manufactures of Hair or Goat's Wool, or of Hair or Goat's Wool and any other Material, and Articles of such Manufacture wholly or in part made up, not particularly enumerated or otherwise charged with Duty, for every 100/. Value 15 7 10 Hams of all Kinds - - - the Cwt 11. 3 6 Harp Strings, or Lute Strings silvered, for every 100/. Value 20 20 Hats or Bonnets, viz. of Chip the lb A (^ 5 , Bast, Cane, or Horse-hair Hats or VT *J Bonnets, each Hat or Bonnet not exceeding 22 Inches in Diameter, the Dozen 10 10 Inches in Diameter - the Dozen 15 15 1 Straw Hats or Bonnets - the lb. 8 6 8 6 8° & 9° Vict. DUTIES. Table (A.)— Goods, Wares, and Merchandize Cap. 90. 2St I M po R TED — continued. ARTICLES. Hats, Felt, Hair, Wool, or Beaver Hats - each made of Silk, Silk Shag laid upon Felt, Linen, or other Material _ - - each Hay - - - - the Load Heath, for Brushes - _ - . Hellebore - _ - _ - Hemp, dressed - - rough or undressed, or any other Vegetable Substance of the Nature and Quality of undressed Hemp, and applicable to the same Purpose _ _ - Hides, not tanned, tawed, curried, or in any way dressed, dry and wet . _ _ tawed, curried, or in any way dressed, not being varnished, japanned, or enamelled, the lb. if varnished, japanned, or enamelled - the lb. Losh Hides - - — — Muscovy or Russia Hides, or Pieces thereof, tanned, coloured, shaved, or otherwise dressed - - - - the lb. — Hides or Pieces thereof, raw or undressed, unenumerated - ^ - - tawed, curried, or in any way dressed, not otherwise enume rated - - for every 100/. Value Tail;?, Buffalo, Bull, Cow, or Ox Hides tanned, not otherwise dressed Hones . . . - . Honey . - . _ the Cwt. Hoofs of Cattle - . - - - Hoops of Wood - - . . Hops - - . - the Cwt. Horns, Horn Tips, and Pieces of Horn ]ndigo -____. Ink, for Printei's _ . _ the Cwt. Inkle, unwrought - - wrought _ _ _ the lb. Iron, Ore of - Pig - - - - Bars, unwrought - - - . Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. £ s. d. 2 6 3 6 16 Free. £ s. d. 2 6 3 6 8 Free. 4 6 Free. 4 Free. 10 Free. 10 Free. 4 10 Free. 10 Free. 1 Free. 236 Cap. 90. DUTIES. 8" & 9° Vict. Table (A.) — Goods, Wakes, and Merchandize IMPORTED- -continued. Rates of Duty. ARTICLES. Of or from Of and from Foreign British Countries. Possessions. £ s. d. £ 5. d. Iron — co?ittnued. old broken and cast Iron - - - — — and Steel, wrought, not otherwise enumerated, for every 100/. Value 15 15 Bloom > . . . - Free. Free. ■ Chroniate of - ... — — r» 1 1 4- *-i »» t» r» »-»^ *-»■» y-^M/^i-I «.^^yx U? i~k^^ •"— ■■ oIlL Ul Xlallllllcl cU IIILU ItUUS " - " • Cast _ _ . . Hoops - - _ - - — — Isinglass ( 1 ) - - - - the Cwt. 5 5 Jalap . - - . - Free. Free. Japanned or Lacquered Ware - for every 100/. Value 15 15 Jet . . . - - Free Free. Jewels, Emeralds, and all other precious Stones, viz. set - - for every 100/. Value 10 10 Juice of Lemons, Limes, or Oranges Free. Free. Kingwood - - - - - ^_ Kernels of W^alnuts and Kernels of Peach Stones, commonly used for expressing Oil therefrom — — Lac, viz., Stick Lac - - — _ Lace, viz. Thread - - for every 100/. Value 12 10 12 10 made by the Hand, commonly called Cushion or Pillow Lace, whether of Linen, Cotton, or Silken Thread - for every 100/. Value 12 10 12 10 Lamp Black . .. . the Cwt. 1 1 Lapis Calaminaris _ _ . Free. Free. Lard - . _ - . — — Latten ... - — — Shaven - - - _ . — — Wire - - for every 100/. Value 12 10 12 10 Lavender Flowers - - - - Free. Free. Lead, Ore of - - - - - — — Black - - . . - — Pig and Sheet - - - the Ton 1 5 (1) This article is not liable to the additional 5l. per Cent. See § 4. i° & 9° Vict. DUTIES. Cap. 90. 237 Table (A.) — Goods, Wares, and Merchandize imported— con^mwcrf. Hates of Duty. ARTICLES. Of or from Of and from Foreign British Countries. Possessions. £ s. d. ^ S. d. Lead — continued. Red - - - . . Free. Free. White - - - - ' Chromate of - ^_ l\/T«^nii To i^f ii¥»i-io r\(^ r»/^f i-»f l-»i^*»iirioi-» i-kn«m-t/:k¥*Qf £kr1 ' XTAdii Uld^^LUi C^O V/It llV^li V.'t^llC^i VV IOC* \Ill Ulll\^l dLC-U^ for every 100/. Value 15 15 Leather Manufactures, viz. Boots, Shoes, and Calashes, viz. Women's Boots and Calashes - the Dozen Pairs 12 12 i-f lir»/-»i^ r\-w* 4-v\rv\r\-\ r\r\ ■unfW Ihiit* >-m* /•» + K y-\ *• Trimming - the Dozen Pairs 15 15 Shoes with Cork or double Soles, quilted Shoes and Clogs, the Dozen Pairs 10 10 other Trimming - the Dozen Pairs 12 12 Women's Shoes of Silk, Satin, Jean, or other Stuffs, Kid, Morocco, or other Leather - the Dozen Pairs 9 9 other Trimming - the Dozen Pairs 10 10 Girls Boots, Shoes, and Calashes, not exceed- ing Seven Inches in Length, to be charged with Two Thirds of the above Duties. Men's Boots - - the Dozen Pairs 1 8 1 8 SirinPT f'rip iFnTpn riir" 14 14 — Boys Boots and Shoes, not exceeding Seven Inches in Length, to be charged with Two Thirds of the above Duties. Boot Fronts, not exceeding Nine Inches in Height - - the Dozen Pairs 3 6 3 6 the Dozen Pairs 5 6 5 6 Cut into Shapes, or any Article made of Lea- ther, or any Manufacture whereof Leather is the most valuable Part, not otherwise enume- i*ated or described - for every 100/. Value 15 15 Gloves of Leather, viz. Ha}>it Miffs - - the Dn/pn Pairs 2 3 4 6 2 3 4 6 Gloves - - the Dozen Pairs - TVlpn G iTlrtVtm « m tnP TlA*7fiTl PfllfC 3 4 6 6 3 4 6 6 '- Women's Gloves or Mitts the Dozen Pairs 238 Cap. 90. DUTIES. 8^ & 9" Vict. Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Rates oF Duty. Leaves of Roses . . - - - Leeches - . - - - Lentils - - - - - Lignum Vitie _ _ - ~ . Linen, or Linen and Cotton, viz. • Cambrics and Lawns, commonly called French Lawns, the Piece not exceeding Eight Yards in Length, and not exceeding Seven Eighths of a Yard in Breadth, and so in proportion for any greater or less Quantity. . Plain ... the Piece Bordered Handkerchiefs - the Piece Lawns of any Sort, not French, for every 100^. Value Damasks - _ - the Square Yard Damask Diaper - - the Square Yard Plain Linens and Diaper, not otherwise enumerated or described, and whether che- . quered or striped with Dye Yarn or not, for every 100/. Value Sails - - for every 100/. Value in actual Use of a British Ship, and fit and necessary for such Ship, and not otherwise disposed of - - Sails, if and when otherwise disposed of, for every 100/. Value Manufactures of Linen, or of Linen mixed with Cotton or with Wool, not particularly enumerated or otherwise charged with Duty for every 100/. Value Liquorice Roots Paste ■ Juice Powder the Cwt. the Cwt. the Cwt. the Cwt. Litharge . . - Live Creatures illustrative of Natural History Logwood . - _ Maccaroni and Vermicelli = - the lb. Mace _ - - - the lb. Of or from Foreign Countries. Of and from British Possessions. £^s. d. Free. 5 5 15 10 5 £ s. d. Free. 15 15 Free. 15 15 1 1 1 7 6 1 15 Free 1 2 6 5 5 15 10 5 15 15 Free. 15 15 10 10 10 15 Free. 1 2 6 8° & 9° Vict. DUTIES. Table (A.) — Goods, Wares, and Merchandize Cap. 90. 239 IMPORTED — continued. ARTICLES. Madder Root for every 100/. Value Magna Graecia Ware Mahogany Manganese Ore - Manna _ . - - Manures not enumerated - - - Manuscripts _ - - the lb. Maps or Charts, or Parts thereof, plain or coloured, each Maple Wood . . - - . Marmalade - - - - the lb. Mats and Matting - - for every 100/. Value Mattresses - - - for every 100/. Value Mead - - - - the Gallon Meat, salted or fresh, not otherwise described, the Cwt. Medals of Gold or Silver - - of any Sort for every 100/. Value - the Bushel for every 100/. Value Medlars Mercury, prepared Metal, viz. Bell - . - . . Leaf (except Leaf Gold), the Packet containing 250 Leaves Mill Boards - - - the Cwt. Minerals and Fossils, unenumerated Models of Cork or Wood - - . Morphia, and its Salts - . _ the lb. Moss, viz. Lichen Islandicus - - - - Rock, for Dyers Use - - other than Rock or Iceland Moss Mother-o'-Pearl Shells Musical Instruments Musk Mustard Flour Myrobolane Berries Myrrh Nicaragua Wood Nitre, viz., Cubic Nitre for every 100/. Value - the Cwt. Rates of Duty. Of or from Foreign Countries. £ s. d. Free. 5 Free. 2 1 Free. 6 5 10 5 6 8 Free. 5 1 10 Free. 1 1 10 Free. 5 Free. 15 Free. 12 Free. Of and from British Possessions. £ s. d. Free. 5 Free. 2 1 Free. 1 2 10 10 5 6 2 Free. 5 6 10 Free. 1 1 10 Free. 5 Free. 15 Free. 12 Free. 240 Cap. 90. DUTIES. 8° & 9° Vict. Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Nickel, Ore of - Metallic and Oxide of, refined Arseniate of, in Lumps or Powder, being in an unrefined State . . - Nutmegs - - - - the lb. wild, in the Shell - - the lb. Nuts, viz. Chesnuts _ . - - Coco Nuts . - . - Pistachio Nuts - _ . . Small Nuts - - - the Bushel — — Wahiuts _ - - the Bushel Nuts and Kernals unenumerated — — Nuts and Kernals of Walnuts, of Peach Stones, and all Nuts and Kernals unenumerated, commonly used for expressing Oil therefrom Nux Vomica - - _ theCwt. the lb. the lb. the lb. the lb. Oakum « - - Ochre - - Oil of Almonds — Bays _ . - — Animal — Castor — Chemical, Essential, or Perfumed (1) — of Cloves (2) - — Lard _ - . . — Cocoa Nut - - _ - — Linseed . . - _ - — Hempseed and Rapeseed - - — Olive - - - - — Palm . - - - - — Paran _ _ - - — Rock - - - . — Seed, unenumerated . . . . — Train, Blubber, and Spermaceti, Oil and Head Matter, the Produce of Fish or Creatures living in the Sea, caught by the Crews of British Ves- sels, and imported direct from the Fishery, or from any British Possession, in a British Vessel Rates of Duty. or or from Foreign Countries. £ s. d. Free. 3 6 3 Free. 2 2 Free. 5 Free. 2 2 Free. 1 3 Free. Of and from British Possessions. £ s. d. Free. 2 6 3 Free. 2 2 Free. 5 Free. 2 2 Free. 1 3 Free. (1) Not liable to the additional 51. per Cent. See § 4. (2) Not liable to the additional 51. per Cent. See § 4. 8° & 9° Vict. DUTIES. Cap. 90. 241 Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. OW — continued. — Train and Blubber, the Produce of Fish or Creatures living in the Sea, of Foreign fishing, the Tun — Train Oil or Blubber of Foreign fishing, from and after 1st January 1847 - - . — Spermaceti of Foreign fishing - the Tun from and after 1st January 1849 — Walnut . - - - - — or Spirit of Turpentine - - the Cwt. — not particularly enumerated or described, nor otherwise charged with Duty — Seed Cake - - _ . . Olibanura - - - - - Olives - - _ - the Gallon Olive Wood _ _ . . Onions ... the Bushel Opium - - - . the lb. Orange Flower Water - - the lb. Oranges and Lemons, viz. in Chests and Boxes not exceeding 5,000 Cubic Inches - - the Box over 5,000 Cubic Inches, and not exceeding 7,300 - - - the Box over 7,300 Cubic Inches, and not exceed- ing 14,000 - - the Box ■ for every 1,000 Cubic Inches exceeding 14,000 - . . . loose - - » the 1,000 - entered at Value, at the Option of the Importer - for every 100/. Value ■ Peel Rates of Duty. Of or from Foreign Countries. Orchal - - . . . Ore, unenumerated - _ _ . Orpiment . . . . Orris Root Orsedew . . „ the Cwt. Painters' Colours, unenumerated. • unmanufactured manufactured, for every 100/. Value R £ s. d. 6 Free. 15 Free. 5 Free. 2 Free. 6 1 1 2 6 3 9 7 6 71 15 O" 75 Free. 10 Free. 10 Of and from British Possessions. £ S. d. 2 6 Free. 2 Free. 3 1 1 2 6 3 9 7 6 7i 15 75 Free. 10 Free. 10 242 Cap. 90. DUTIES. 8" & 9° Vict. Table (A.)— Goods, Wares, and Meuchandize iMPonTED—continued. ARTICLES. Palmetto Thatch .... Manufactures of Ditto, for every 100/. Value Paper, viz. Brown, made of old Rope or Cordage only, without separating or extracting the Pitch or Tar therefrom, and without any Mixture of other Material therewith - the lb. printed, painted, or stained Paper, or Paper Hangings, or Flock Paper, the Square Yard Waste, unless printed on in the English Language, or Paper of any other Sort, not particularly enumerated or described, nor otherwise charged with Duty - the lb. printed on in the English Language Parchment _ . - the Dozen Sheets Pasteboards - - - theCwt. Pearls - - - _ - Pears, raw dried Pencils of Slate - the Bushel - the Bushel for every 100/. Value for every 100/. Value for every 100/. Value - the lb. - the 1,000 Pens Pepper of all Sorts Percussion Caps Perfumery not otherwise charged, for every 100/. Value Perry ----- the Tun Pewter, Manufactures of - for every 100/. Value Phosphorus - - for every 100/. Value Pickles preserved in Vinegar (1) - the Gallon or Vegetables preserved in Salt, (2) for every 100/. Value Pictures - - - - each and further - - the Square Foot above 200 Square Feet - - each Pimento - - - the Cwt. Pink Root - - - - . Hates of Duty. Of or from Foreign Countries. ^ S. d. Free. 3 1 4i Prohibited. 6 1 10 Free. 6 2 15 15 15 6 4 20 10 10 15 10 4. 5 1 1 10 5 Free. Of and from British Possession.s. £ s. d. Free. 5 3 1 4.| Prohibited. 6 1 10 Free. 3 2 15 15 15 6 4 20 10 10 15 10 4 5 1 1 10 5 Free. ( 1 ) Not liable to the additional 51. per Cent. See § 4. (2) Not liable to tlie additional 51. per Cent. See § 4. 8° & 9" Vict. DUTIES. Cap. 90. 243 Table (A.) — Goods, Wares, and Merchandize imported — contimted. ARTICLES. Pitch Burgundy Plantains Plants, Shrubs, and Trees, alive Plaster of Paris Plate of Gold the Cwt. for every lOOA Value Silver gilt and ungilt - for every 100/. Value Plate, battered Wire, gilt or plated Silver for every 100/. Value for every 100/. Value Platina, and Ore of Platting, or other Manufactures to be used in, or proper for making Hats or Bonnets, viz. • of Bast, Cane, or Horse Hair - the lb. of Chin ... Platting of Straw - - - the lb. Plums, dried or preserved - - the Cwt. commonly called French Plums and Prunelloes, the Cwt. -- preserved in Sugar Pomatum Pomegranates Peel of - the lb. for every 100/. Value - the 1,000 - the Cwt. - the Cwt. - the Cwt. Pork, salted (not Hams) Fresh - - Potatoes Pots, viz. Melting, for Goldsmiths - - the 100 of Stone . - for every 100/. Value Powder, viz. • Hair - _ . - the Cwt. ■ Perfumed ... the Cwt. not otherwise enumerated or described, that ■will serve for the same Use as Starch - the Cwt. Poultry, alive or dead - for every 100/. Value R 2 Rates of Duty. Of or from Foreign Countries. J^ s. d. Free. 2 Free. 10 together witli the Stamp Duty. 10 together with the Stamp Duty. Free. 12 10 12 10 Free. 10 Free. 7 6 1 7 6 1 6 20 Free. 8 8 2 3 2 20 1 10 10 5 Of and from British Possessions. £ s. d. Free. 2 Free. 10 together with the Stamp Duty. 10 together with the Stamp Duty. Free. 12 10 12 10 Free. 10 Free. 7 6 1 7 6 1 6 20 5 Free. 2 2 1 3 2 20 1 1 10 2 10 244 Cap. 90. DUTIES. 8° & 9° Vict. Table (A.) — Goods, Wares, and Meuchandize impohtzd— continued. ARTICLES. Prints and Drawings, plain or coloured, single - each bound or sewn - the Dozen Prunes . - - - thcCwt. Prussiate of Potash Puddings and Sausages Quassia Quicksilver Quills, viz. Goose Swan Quinces Quinine, Sulphate of Radix, viz. Contrayervae Enulee Companse Eringii Ipecacuanhae the lb. the Cwt. the 1,000 - the oz. — Rhataniae — Senekse — Serpentarise, or Snake Root Rags, viz. old Rags, old Junk or Ropes, or old Fishing Nets, fit only for making Paper or Paste- board . _ . - Pulps of Rags - - .— old Woollen Raisins Rape of Grapes Red Wood or Guinea Wood Rhubarb Rice, viz. not rough nor in the Husk rough and in the Husk Rosewood Rosin _ - .. the Cwt - the Cwt. the Quarter Rates of Duty. Saccharum Saturni Safflower the Cwt. Of or from Foreign Countries. £ s. d. 1 3 7 Free. 3 10 Free. 1 6 Freel 15 Free. 6 7 Free. 10 Free. Of and from British Possessions. £ s. d. 1 3 7 Free. 1 10 Free. 1 6 Free. 7 6 Free. 6 1 Free. 10 Free. ?° & 9" Vict. DUTIES. Cap. 90. 245 Table (A.) — Goods, Wares, and Merchandize imported — contimted. ARTICLES. Saffron - - - Sago - - - Sal, viz. Ammoniac Limonum Prunelle Salep or Salop Salt Saltpetre Sanguis Draconis Santa Maria Wood Sapan Wood Sarsaparilla Sassafras - - Satin Wood Saunders, Red, White, or Yellow Sausages or Puddings Scaleboards - . - Scamraony - - _ Seeds, viz. Acorns Anniseed Burnet Canary Carraway Carrot Clover Colchicum Cole Coriander Croton Cummin Fennugreek the Cwt. ■ the lb. the Cwt the Bushel ■ the Cwt. . the Cwt. - the Cwt. — Flax — Forest . _ - - - — Garden, unenumerated, nor otherwise charged with Duty . - - . — Grass, of all Sorts, not particularly enume- rated, or otherwise charged with Duty, the Cwt. K 3 Rates of Duty. Of or from Foreign Countries. £ s. d. Free. 1 Free. Of and from British Possessions. 3 1 10 Free. 4 10 10 10 Free. 5 £ s. d. Free. 1 Free. 1 1 10 Free. 2 5 5 5 Free. 2 6 246 Cap. 90. DUTIES. Table (A.) — Goods, Wares, and Merchandize 8° & 9° Vict. imported— continued. Rates of Duty. ARTICLES. Of or from Of and from Foreign British Countries. Possessions. ^ S. d. £ s. d. Seeds — contimied. Hemp . . - . - Free. Free. Leek - - - - the Cwt. 1 10 Lettuce . . , - - Free. Free. T inonorl ... ». _^ Lucerne . _ . the Cwt. 5 5 Lupines - - ... Free. Free. Maw ... - - — — Millet .... — — ■ Mustard - - - the Bushel 1 3 6 Onion - - - the Cwt. 1 10 Free. Free. Poppy — — Quince _ - - - - — — Rape . - - _ — — Sesamum _ - - - — — Shrub or Tree . . . . — — Tares — — Trefoil - - - the Cwt. 5 2 6 Worm - - - Free. Free. All Seed" unenunierated commonly used for expressing Oil therefrom - - - — — All other Seeds not particularly enumerated or described, nor otherwise charged with Duty - - for every 100/. Value 10 5 Senna ..--.. Free. Free. Ships to be broken up with their Tackle, Apparel, and Furniture (except Sails), viz. Foreign Ships or Vessels, for every 100/. Value 25 25 Foreign Ships broken up. for every 100/. Value 10 10 British Ships or Vessels entitled to be regis- tered as such, and not having been built in the United Kingdom _ . - Free. Free. Shumac - - — — Silk, viz. Knubs or Husks of Silk, and Waste Silk — , — Raw Silk .... — — 8°lkd''YiCT. DUTIES. Cap. 90. 247 Table (A.)— Goods, Wares, and Merchandize imvortev— continued. ARTICLES. Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. S il k — continued. Thrown Silk, not dyed dyed, viz. Singles or Tram Organzine or Crape Silk the lb. the lb. Manufactures of Silk, or of Silk mixed with any other Material, the Produce of Eu- rope, viz. Silk or Satin, plain - the lb. or, and at the Option of the Officers of the Customs - for every 100/. Value Silk, figured or brocaded - • the lb. or, and at the Option of the Officers of theCustoms - for every 100/. Value Gauze, plain - - - the lb. or, and at the Option of the Officers of the Customs - for every 100/. Value Gauze, figured or brocaded - the lb. or, and at the Option of the Officers of the Customs - for every 100/. Value Crape, plain - . ,. the lb. or, and at the Option of the Officers of the Customs - for every 100/. Value Crape, figured - - the lb. or, and at the Option of the Officers of the Customs - for every 100/. Value Velvet, plain - - . the lb. or, and at the Option of the Officers of the Customs - for every 100/. Value Velvet, figured - - the lb. or, and at the Option of the Officers of theCustoms - for every 100/. Value Ribbons embossed or figured with Velvet, the lb. or, and at the Option of theOfficei's of the Customs - for every 100/. Value and further, if mixed with Gold, Silver, or other Metals, in addition to the above Rates, when the Duty is not charged according to the Value - - the lb. R 4 s. d. £ s. d. Free. Free 2 2 11 25 15 30 17 30 1 7 6 30 16 SO 18 30 1 2 30 1 7 6 30 17 30 10 1 1 248 Gap. 90, DUTIES. 8^ & 9° Vict, Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Silk — continued. Fancy Silk Net, or Tricot - - the lb. Plain Silk Lace or Not, called Tulle, the Square Yard • Manufactures of Silk, or of Silk mixed with any other Material, not particularly enume- rated or otherwise charged with Duty, for every 100/. Value Millinery of Silk, or of which the greater Part of the Material is of Silk, viz. Turbans or Caps - - - each Hats or Bonnets - - each Dresses - ... each or, and at the Option of the Officers of the Customs - for every 100/. Value Manufactures of Silk, or of Silk and any other Material and Articles of the same, wholly or in part made up, not particularly enume- rated or otherwise charged with Duty, for every 100/. Value Silkworm Gut - - for every 100/. Value Skins, Furs, Pelts, and Tails, or Pieces of Skins, raw or undressed, unenumerated Skins, Furs, Pelts, and Tails, or Pieces of Skin, tanned, curried, dressed, unenumerated Articles manufactured of Skins or Furs, for every 100/. Value Smalts (1) - - - - theCwt. Soap, Hard - - - _ the Cwt. Soft - - - the Cwt. — — Naples - - - the Cwt. Spa Ware - - for every 100/. Value Specimens of Minerals or Fossils, and all Specimens illustrative of Natural History - - - Speckled Wood - - . _ . Rates of Duty. Of or from Foreign Countries. ^' s. d. 1 4 1 4. 20 15 1 5 2 10 40 30 20 Free. 20 10 1 10 1 2 16 15 Free. Of and from British Possessions. £ s. d. 5 15 O 1 5 2 10 40 O 30 20 Free. 10 10 1 15 2 16 15 Free. (1) Not liable to the additional 51. per Cent. See § 4, S** & 9° Vict. DUTIES. Cap. 90. 249 Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. Spelter or Zinc, viz. crude, in Cakes » - . rolled, but not otherwise manufactured Manufactures of - for every 100/. Value Spermaceti, fine - - for every 100/. Value — — from and after 1st January 1849 Spirits or strong Waters of all Sorts, viz. For every Gallon of such Spirits or strong Waters of any Strength not exceeding the Strength of Proof by Sykes's Hydrometer, and so in proportion for any greater or less Strength than the Strength of Proof, and for any greater or less Quantity than a Gallon, viz. not being Spirits or strong Waters the Pro- duce of any British Possession in America, or any British Possession within the Limits of the East India Company's Charter, and not being sweetened Spirits or Spirits mixed with any Article, so that the Degree of Strength thereof can- not be exactly ascertained by such Hydro- meter - - - the Gallon Spirits or strong Waters, the Produce of any British Possession in America, not being sweetened Spirits, or Spirits so mixed as aforesaid - - - the Gallon Rum, the Produce of any British Possession within the Limits of the East India Com- pany's Charter, not being sweetened Spirits, or Spirits so mixed as aforesaid, in regard to which the Conditions of the Act 4 Vict. c. 8. have or shall have been fulfilled - - - the Gallon — . — Rum Shrub, however sweetened, the Pro- duce of and imported from such Pos- sessions, in regard to which the Conditions of the Act 4 Vict. c. 8. have or shall have been fulfilled, or the Produce of and im- ported from any British Possession in America . _ . the Gallon £ s. d. Free. 10 25 Free. £ s. d. Free. 10 25 Free. 1 2 6 1 2 6 9 9 9 250 Cap. 90. DUTIES. 8° & 9° ViCT. Table (A.)— Goods, Wares, and Merchandize imported — contlnited. ARTICLES. Spirits — continued. Spirits or strong Waters, the Produce of any British Possession witliin the Limits of the East India Company's Cliarter, except Rum, in regard to which the Con- ditions of the Act 4 Vict. c. 8. have or shall have been fulfilled, not being sweet- ened Spirits or Spirits so mixed as afore- said , . - the Gallon Spirits, Cordials, or strong Waters, not being the Produce of any British Pos- session in America, nor any British Pos- session within the Limits of the East India Company's Charter, in regard to which the Conditions of the Act 4 Vict. c. 8. have or shall have been fulfilled, sweetened or mixed with any Article, so that the Degree of Strength thereof can- not be exactly ascertained by Sykes's Hydrometer, and perfumed Spirits to be used as Perfumery only - the Gallon — — strong Waters, except Rum Shrub, being the Produce of any British Possession in America, or of any British Possession qualified as aforesaid, sweetened or mixed with any Article as aforesaid - the Gallon Cordials and Liqueurs, except Rum Shrub, being the Produce of any British Pos- session in America, or of any British Possession within the Limits of the East India Company's Charter, in regard to which the Conditions of the Act 4 Vict. c. 8. have or shall have been fulfilled, sweetened or mixed with any Article, so that the Degree of Strength thereof cannot be ascertained by Sykes's Hydrometer, the Gallon Sponge ... Squills, dried and not dried - - - Starch ... - the Cwt. Kates of Duty. Of or from Forei{^n Countries. £ s. d. 1 10 Of and from British Posscsbions. £ s. d. 15 10 1 Free. 10 9 Free. 5 8° & 9" Vict. DUTIES. Table (A.)— Goods, Wares, and Merchandize Cap. 90. 251 iM po rted — continued. ARTICLES. Rates of Duty. Of or from Foreign Countries. Starch, Gum of, terrified or calcined, commonly called British Gum - - the Cwt. Stavesacre - . - - Steel, Manufactures of - for every 100/. Value unwrought _ . . . Scrap Steel - - _ . - Stones, in Lumps not in any Manner hewn, Slate and Marble in rough Blocks or Slabs, Limestone, Flint Stones, Felspar, and Stones for Potters Use, Pebble Stones, Stone to be used for the Purpose of Lithography . . - - in Blocks, shaped or rough scalped - Stone and Slate, hewn - - the Ton Marble, sawn, in Slabs, or otherwise manu- factured ... the Cwt. Straw or Grass for platting . . . Succades, including all Fruits and Vegetables pre- served in Sugar - - - the lb. Sulphur Impressions - _ . vivum. See Brimstone. Sweet Wood . . . - Talc - - - . Tallow - _ . .. the Cwt. Tamarinds - - - - the lb. Tapioca - - - - the Cwt. Tar - - ■ - _ Barbadoes ----- Tarras --___- Tartaric Acid . - . - Tea - - - - . the lb. Teasles - - - - - Teeth, viz.. Elephant, Sea Cow, Sea Horse, or Sea Morse - - - - . Telescopes for every 100/. Value £ s. d. 15 Free. 15 Free. Free. 10 3 Free. 6 Free. 3 2 3 1 Free. 2 1 Free. 15 252 Cap. 90. DUTIES. 8" & 9° Vict. Table (A.) — Goods, Wakes, and Meuchandize imported — continued. ARTICLES. Terra Japonica - - . . Sienna - _ - - . Umbra - . . . . Verde - - . . Thread, not otherwise enumerated or described, for every 100/. Value Tiles - - - for every 100/. Value Tin, Ore and Regulus of - in Blocks, Ingots, Bars, or Slabs - the Cwt. Manufactures of, not otherwise enumerated, for every 100/. Value Foil - - - - the lb. Tincal, unrefined - - - - Tobacco, viz. unmanufactured - " - the lb. Snuff - . - the lb. manufactured, or Cigars - - the lb. Stalks and Flour of - - - ■ manufactured in the United Kingdom, at or within Two Miles of any Port into which Tobacco may be imported, made into Shag, Roll, or Carrot Tobacco, Draw- back upon Exportation or Shipment as Stores - - - the lb., 2s. 1\d. Tobacco Pipes of Clay - for every 100/. Value Tongues - - - "the Cwt. Tornsal - - _ . . Tortoiseshell or Turtle Shell, unmanufactured Toys, excepting Toy and Hand Mir^'ors, on which the Plate Glass Duty will be levied, for every 100/. Value Truffles - - - - the lb. Tulip Wood . . - Turmeric - - . . Turnery, not otherwise described, for every 100/. Value Turpentine, viz. (1) not being of greater Value than 15*. per Cwt. - - . Rates of Duty. Of or from Foreign Countries. £ s. d. Free. 10 10 Free. 6 15 6 Free. 3 6 9 Prohibited. 15 10 Free. 10 1 Free. 15 Free. Of and from British Possessions. £ s. d. Free. 5 5 Free. 3 15 6 Free. 3 6 9 Prohibited. 15 2 6 Free. 10 1 Free. 15 Free. ( 1 ) Not subject to the additional 51. per Cent. Sec § 4. 8°&9«ViCT. DUTIES. Cap. 90. 253 Table (A.) — Goods, Wares, and Merchandize imforted— continued. ARTICLES. Rates of Duty. Of or from Foreign Countries. Turpentine — cojitinued. above 15*. Value per Cwt. - the Cwt. of Venice, Scio, or Cyprus Twine ... - tlieCwt. Ultra Marine Valonia - - . - - Vanelloes - - - - the lb. Varnish, not otherwise described, for every 100/. Value Vases, Ancient, not of Stone or Wood Vegetables, viz., all Vegetables not enumerated or described - - for every 100/. Value Vellum - - - - the Skin Verdegris(l) - - - the Cwt. Verjuice - . > - the Tun Vermilion _ _ - . Vinegar - - - - the Tun Wafers - _ - - the lb. Washing Balls - - - - the lb. Walnut Wood Watches of Gold, Silver, or other Metal, for every 100/. Value Water, Cologne, the Flask (Thirty containing not more than One Gallon) . - - Mineral Water . _ . Wax, Bees Wax - - - - in any Degree bleached . - - Myrtle Wax Sealing Wax, Vegetable for every 100/. Value £ s. d. 2 Free. 10 Free. 5 15 Free. 5 1 5 10 Free. 4 4 3 6 Free. 10 1 Free. 15 Free. Weld (1) Not subject to the additional 51, per Cent. See § 4. 254 Cap. 90. DUTIES. 8" & 9" Vict. Table (A.)— Goods, Wares, and Merchandize imvorted— continued. ARTICLES. Whales Fins, British taking, and imported direct from the Fishery, or from any British Possession, in a British Ship - . . . otherwise taken - for every 100/. Value . Foreign taking, and not prohibited, from and after 1st January 1847 Whipcord the lb. Wine, viz. the Produce of the Cape of Good Hope or the Territories or Dependencies thereof, and im- ported directly from thence - the Gallon French - - - the Gallon Canary . . - the Gallon Madeira - - - the Gallon Portugal - - - the Gallon Rhenish . - - the Gallon Spanish - - - the Gallon other Sorts - - the Gallon (The full Duties on Wine are drawn back upon Re-exportation or Shipment as Stores.) Lees, subject to the same Duty as Wine, but no Drawback is allowed on the Lees of Wine exported. Woad Wood. Timber and Woods not otherwise charged, viz. Timber or Woods, not being Deals, Battens, Boards, Staves, Handspikes, Oars, Lathwood, or other Timber or Wood, sawn, split, or other- wise dressed, except hewn, and not being Timber or Wood otherwise charged Avith Duty - the Load of Fifty Cubic Feet Deals, Battens, Boards, or other Timber or Wood, sawn or split, and not otherwise charged with Duty, the Load of 50 Cubic Feet Hates of Duty. Of or from Foreign Countries. Free. 20 Free. 6 5 6 5 6 5 6 5 6 5 6 5 6 5 6 Of and from Uritish Possessions. Free. 20 Free. 6 2 9 Free. 1 5 1 12 Free. 1 2 8« & 9-^ Vict. DUTIES. Cap. 90. 255 Table (A.) — Goods, Wares, and Merchandize imported — continued. ARTICLES. Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. Wood — continued. Timber and Woods not otherwise charged, viz. Staves - - the Load of 50 Cubic Feet Staves not exceeding 72 Inches in Length, nor Seven Inches in Breadth, nor 3^ Inches in Thickness - Birch, hewn, not exceeding Three Feet in Length, nor exceeding Eight Inches square, imported for the sohi Purpose of making Herring Barrels for the Use of the Fisheries - - - Firewood - - the Fathom of 216 Cubic Feet Handspikes, not exceeding Seven Feet in Length, the 120 exceeding Seven Feet in Length the 120 Knees, under Five Inches square - - the 120 Five Inches, and under Eight Inches square, the 120 Lathwood - - the Fathom of 216 Cubic Feet Oars - . . . the 120 Spars or Poles, under 22 Feet in Length, and under 4 Inches in Diameter - - the 120 22 Feet in Length and upwards, and under Four Inches in Diameter - - the 120 of all Lengths, Four Inches and under Six Inches in Diameter - - the 120 Spokes for Wheels, not exceeding Two Feet in Length - - - the 1,000 ■ exceeding Two Feet in Length - the 1,000 Teake . - ^ » . Wood for Shipbuilding, previously admitted at the same Duty as Teake _ . _ Wastewood, viz., Billetwood or Brushwood, used for the Purposes of Stowage, for every 100/. Value r Wood planed, or otherwise dressed or prepared for [ Use, and not particularly enumerated, nor <( otherwise charged with Dutv — Maple, being Furniture Wood - New Zealand Wood, being Furniture Wood £ s. d. 1 8 Free. 10 1 2 10 2 2 7 10 1 2 4 2 4 Free. 5 7|f/.perFoot of Cubic Contents, and further for every 100/. Value 10 Free. Free. £ s. d. 2 Free. Free. 6 1 3 1 1 3 9 6 1 2 1 2 Free. 5 For every . 100/. <" Value, 5 Free. Free. 256 Cap. 90. DUTIES. 8" & 9° Vict. Table (A.) — Goods, Wares, and Merchandize imported — continued. Wood — continued. Or, ill lieu of the Duties imposed upon Wood by the Load according to the Cubic Content, the Importer may have the Option, at the Time of passing the First Entry, of entering Battens, Batten Ends, Boards, Deals, Deal Ends, and Plank, by Tale, if of or from Foreign Countries, according to the follow- ing Dimensions, viz. — Battens and Batten Ends : — Not above Six Feet in Length - the 120 Above Six and not above Nine Feet in Length - - - the 120 Above Nine and not above 12 Feet in Length - •- - the 120 Above 12 and not above 15 Feet in Length - - - the 120 Above 15 and not above 18 Feet in Length - - - the 120 Above 18 and not above 21 Feet in Length - - the 120 Boards, Deals, Deal Ends, and Plank : — Not above Six Feet in Length - the 120 Above Six and not above Nine Feet in Length - - - the 120 Above Nine and not above 12 Feet in Length the 120 Above 12 and not above 15 Feet in Lensth the 120 Above 15 and not above 18 Feet in Length Above 18 and not above Length 21 the 120 Feet in the 120 Not above Six Feet in Length, the 120 •! Above Six and not above Nine Feet in Length - - the 120 Above Nine and not above 12 Feet in Length - - the 120 Above 12 and not above 15 Feet in Length - - - the 120 Above 15 and not above 18 Feet in Length - - - the 120 Above 18 and not above 21 Feet in Length ■■ - the 120 [lates of Duty. Not above 7 Inches in Width. Not above IV4 Inch in Thickness. Above IVi Inch and not above •2% in Thickness. ^ s. d. £ s. d. ^ s. d. ' 1 10 10 3 1 7 - 2 6 2 4 12 5 - 3 1 7 6 3 2 • 3 17 7 14 - 4 12 5 9 4 10 - 5 7 9 10 15 7 Not above 9Y! Inches in Width. Not above IVi Inch in Thickness. Above 1 V2 Inch and not above 3V4 in Thickness. - 2 9 5 4 18 10 - 3 14 1 7 8 3 - 4 18 10 9 17 8 - 6 3 6 12 7 1 - 7 8 3 14 16 6 - 8 12 11 17 5 11 Above gVa Inches and not above im in Width. } 2 19 10 5 19 7 - 4 9 8 8 19 5 - 5 19 7 11 19 2 - 7 9 6 14 19 - 8 19 5 17 18 9 - 10 9 4 20 18 7 ^^^O'^ViCT. DUTIES. Cap. 90. 257 Table (A.)— (joods, Wares, and Merciiandize imported — cotithwed. ARTICLES. Rates of Duty. Of or from Foreign Countries. Of and from British Possessions. Wool, inz. Alpaca, and the Llama Tribe — Beaver cut and combed — Coney — Cotton, or Waste of Cotton Wool — Goats, or Hair — Hares . . _ — Sheep or Lambs Wool Woollens, viz. ■ Manufactures of Wool, not being Goats Wool, or of Wool mixed with Cotton, not particularly enumerated or de- scribed, not otherwise charged with Duty - - for every 100/. Value ■ Articles or Manufactures of Wool, not being Goats Wool, or of Wool mixed with Cotton, wholly or in part made up, not otherwise charged with Duty, for every 100/. Value Yarn, viz. Cable (1) Camel or Mohair the Cwt. Raw Linen ' " * " Worsted - •» - - the lb. ZafFre - - _ - . Zebra Wood . . - Goods, Wares, and Merchandize, being either in part or wholly manufactured, and not being enumerated or described, not otherwise charged with Duty, and not prohibited to be imported into or used in Great Britain or Ireland - for every 100/. Value Goods unenumerated, notbeingeitherin partorwholly manufactured, not enumerated or prohibited ? s. d. Free. 15 20 3 Free. 20 Free. £ s. d. Free. 5 10 3 Free. 6 6 Free. Free. 20 Free. (1) Not subject to tlie additional HI. per Cent. See § 4. S 258 Cap. 90. DUTIES. TABLE (B.) 8" & 9° Vict. DUTIES of Customs payable on Goods the Produco of the United Kingdom exported to Foreign Countries. Coals, Culm, or Cinders in a Foreign Ship - the Ton Rate of Duty. £ s. d. 4 ANNO OCTAVO & NONO VICTORI.E REGIN^. C A P. XCI. An Act for the warehousing of Goods. [4th August 1845.] T^/" HERE AS an Act was passed in the Session of Par- Uament holden in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, inti- tuled ^w ^c^ ybr the xoarehousing of Goods, whereby the 3&4W.4. c.57. Laws of Customs in relation to the warehousing of Goods were consolidated : And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act: Be it therefore enacted by the Queen'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 from and after the Commenceinent passing of this Act the same shall come into and be and of •'^ct. continue in full Force and Effect for the Purposes therein mentioned, except where any other Commencement is therein particularly directed. II. And be it enacted. That it shall be lawful for the Treasury to Commissioners of Her Majesty's Treasury of the United appoint ware- Kingdom of Great Britain and Ireland, by their Warrant ^^°"^^"S Ports, from Time to Time, to appoint the Ports in the United Kingdom which shall be warehousing Ports for the Pur- poses of this Act ; and that it shall be lawful for the Commissioners Commissioners of Her Majesty's Customs, subject to the to appoint Ware- s 2 260 houses, anil require JBoiu). Cap. 91. WAREHOUSING. 8" & 9'' Vict. Autliorlty and Directions of the Commissioners of Her Majesty's Treasury, by their Order from Time to Time to appoint (1) in what Warehouses or Places of special Security, or of ordinary Security, as the Case may require, in such Ports, and in what different Parts or Divisions of such Warehouses or Pkices, and in what Manner any troods, and what Sorts of Goods, may and may only be warehoused and kept and secured without Payment of any Duty upon the first Entry thereof, or for Exportation only, in Cases where the same may be i)rohibited to be imported for Home Use (2) ; and also in such Order to direct in what Cases (if any) Security by Bond, in manner herein-after provided (3), shall be required in respect of any Warehouse so appointed by them. III. And be it enacted. That whenever any Ware- house shall have been approved of by the said Commis- sioners of Her Majesty's Customs as being a Warehouse of special Security, it shall be stated in their Order of Ap- pointment that such Warehouse is appointed as a Ware- house for special Security: Provided always, that all Warehouses connected with the Wharfs for the landing of the Goods to be lodged therein, and inclosed together with such Wharfs within Walls such as are or shall be re- quired by any Act for the constructing of such Ware- houses and Wharfs, and being apj)ointed to be legal Quays, shall, without any Order of the said Commis- sioners, be Warehouses for the Purposes of this Act for all Goods landed at such Wharfs or Quays at any Port ap- pointed by the Commissioners of Her Majesty's Treasury to be a warehousing Port as aforesaid, and all such Warehouses shall be Warehouses of special Security. Appointments IV. And be it enacted. That all Appointments of made and Bonds WTarehowscs for the warchousino; of Goods made under to Act to con- i-tie Authority of any other Act in force at the Time of tinue in force, the Commencement of this Act, shall continue in force as if the same had been made under the Authority of this Warehouses of special Security to be so stated on tlieir Ap- pointnieat. Warehouses connected with Wharfs, and within Walls, &c. to be Ware- houses of spe- cial Security, without Ap- pointment. (1) As to previous Appointments, see § 4. ; as to Revocations, see § 6. ; as to Publication of Appointments, see § 7. (2) See Cap. 86. § 7. as to reporting prohibited Goods; also same Act, § 20., as to enterinsj them- See also same Act, §§ 64, 65., and Cap. 88. § 22. (3) See § 8. ; ;ind in Cases of re-warehousing, see §§ 27, 28. See also §§ S3, 34. ' 8'^&9<'ViCT. WAREHOUSING. Cap. 91. 261 Act ; and all Bonds given in respect of any Goods ware- housed or entered to be warehoused under any Act in force at the Time of the Commencement of this Act, shall continue in force for the Purposes of this Act. V. And be it enacted. That the Commissioners of Her Commissioners Majesty's Customs shall, out of the Monies arising from the ^P^o'ide Duties of Customs, provide from Time to Time the Ware- Tobacco, and houses for the warehousing of Tobacco at the Ports (1) Treasury to fix into which Tobacco may be legally imported : Provided ^^^"'• always, that for every Hogshead, Chest, Case, or other Package of Tobacco so warehoused the Importer or Pro- prietor thereof shall pay as and for Warehouse Rent such Sum or Sums, not exceeding any Sum payable under any Act in force at the Time of the Commencement of this Act, and at such Periods and in such Manner, as the Commissioners of Her Majesty's Treasury shall from Time to Time by their Warrant appoint and direct, and all such Sums shall be paid, received, and appropriated as Duties of Customs. VI. And be it enacted. That it shaU be lawful for the Power to re- said Commissioners of Her Majesty's Treasury by their ^oi^^ or alter Warrant, and for the said Commissioners of Customs by W^^" ■"^" • their Order, from Time to Time to revoke any former Warrant or any former Order, or to make any Alteration in or Addition to any former Warrant or any former Order made as aforesaid by them respectively. VII. And be it enacted, That every Order made by Publication of the said Commissioners of Her Majesty's Customs in Appointment respect of Warehouses of special Security, as weU those of original Appointment as those of Revocation, Alteration, or Addition, shall be published in the London Gazette for such as shall be appointed in Great Britain, and in the Dublin Gazette for such as shall be appointed in Ireland. VIII. And be it enacted. That before any Goods shall Warehouse be entered to be warehoused in any Warehouse, in respect give'^gJnTrai of which Security by Bond shall be required as afore- Bond, if wili- ingi (1) See Cap. 86. § 63. as to the Ports into which Tobacco may be imported. Also, as to Tobacco for the Use of the Navy, see § 25., and Cap. 86. §§ 107, 108. 109. s 3 262 Cap. 91. WAREHOUSING. 8" & 9° Vict. or Importer give particular Bond. Sale of Goods in Warehouse by Proprietor to be valid, although they remain in such Warehouse. Transfer of such Goods to be entered in a Book. Stowage in Warehouse to afford easy Access. said (1), the Proprietor or Occupier of such Warehouse, it' he be wilUng, shall give general Security by Bond, with Two sufficient Sureties, for the Payment of the full Duties (2) of Importation on all such Goods as shall at any Time be warehoused therein, or for the due Export- ation thereof (3) ; and if such Pro])rietor or Occupier be not willing to give such general Security, the different Iniportcrs (4) of the separate Quantities of Goods shall upon each Importation, before such Goods shall be entered to be warehoused, give such Security by Bond with One sufficient Surety, in respect of the particular Goods imported, the Penalty of such Bond being Double the Amount of the Duty to which such Goods are subject. IX. And be it enacted, That if any Goods lodged in any Warehouse shall be the Property of the Occupier of such AVarehouse, and shall be bond fide sold by hiiii, and upon such Sale there shall have been a written Agreement signed by the Parties, or a written Contract of Sale made, executed, and delivered by a Broker, or other Person legally authorized for or in behalf of the Parties respec- tively, and the Amount of the Price stipulated in the said Agreement or Contract shall have been actually paid or secured to be paid by the Purchaser, every such Sale shall be valid, although such Goods shall remain in such Ware- house ; provided that a Transfer of such Goods, according to such Sale, shall have been entered in a Book to be kept for that Purpose by the Officer of the Customs having the Charge of such Warehouse, who is hereby required to keep such Book and to enter such Transfers, with the Dates thereof, upon Application of the Owners of the Goods, and to produce such Book upon Demand made, X. And be it enacted, That all Goods warehoused shall be stowed in such Manner (5) as that easy Access may be had to every Package and Parcel of the same, and if the Occupier of the Warehouse shall omit so to stow the same he shall for every such Omission forfeit the Sum of Five Pounds; and if any Goods shall be taken out of any (l)See§2. (2) As to Liability of Warehouse Keeper, see § 10. (3) As to Removals, see §§ 25 to 32. (4) Purchasers of warehoused Goods may give Bond in lieu ol' Ihe original Bonder, § 33. (5) See § 2. 8° & 9° Vict. WAREHOUSING. Cap. 91 . 263 Warehouse without clue Entry of the same witli the proper Officers of the Customs, the Occupier of the Warehouse shall be liable to the Payment of the Duties clue thereon. XL And be it enacted, That the Occupier or Occupiers Occupiers of of any Warehouse in which Goods are deposited under Warehouses to the Provisions of this Act shall, upon any liequest being fJand.'^Gd'odslo made by any Officer duly authorized by the Commis- Oincers of Cus- sioners of Her Majesty's Customs, immediately produce toins, or to ibr- to such Officer any Goods deposited therein, or received ^' ' into his or their Custody, for the Delivery of which the said Occupier or Occupiers has or have not received an Order duly signed by the proper Warehouse Officer, and upon every Failure so to do such Occupier or Occupiers shall forfeit the Sum of Five Pounds, over and above the Duties to which every Package or Parcel of Goods not so produced may be liable. XII. And be it enacted. That if any Goods ware- Goods fiaudu- housed shall be fraudulently concealed in or removed from ''^"'^^ concealed the Warehouse the same shall be forfeited ; and if any f^ited! Importer or Proprietor of any Goods warehoused, or any Penalty on Person in his Employ, shall by any Contrivance fraudu- opening tiie lently open the Warehouse, or gain Access to the Goods, ^it^i^o^,""^'^ except in the Presence of the proper Officer acting in the officer, 500/. Execution of his Duty, such Importer or Proprietor shall forfeit and pay for every such Offence the Sum of Five hundred Pounds. XIII. And be it enacted. That if any Goods entered Persons assist- to be wai-ehoused under any Law made lor the warehous- '"S i" the re- ing of Goods shall be removed and not deposited in a Goods%ntered Warehouse or Place of Security, in pursuance of such for the Ware- Entry, every Person who shall remove or assist or be ij'^"^'*; '^'1'^ "°* otherwise concerned in the removing of any such Goods, s^^^.^ected to"^' or who shall knowingly harbour, keej), or conceal, or shall I'enalties. knov/ingly permit or suffer to be harboured, kept, or con- cealed, any such Goods so removed, and every Person to whose Hands and Possession any Oioods so removed shall knowingly come, shall forfeit either Treble tlie Value thereof, or the Penalty of One hiuidred Pounds, at the Election of the Commissioners of Her Majesty's Customs, and such Goods shall l)e Ibrfcitcd. s 4 264 Examination on Entry and Landing. Marking Package. Cap. 91. WAREHOUSING. 8° & 9" Vict. Goods to be carried to Ware- house under Authority of Ofiicer of Customs. XIV. And be it enacted, That within One Month after any Tobacco shall have been warehoused (1), and upon the Entry (2) and Landing of any other Goods to be warehoused, the proper Officer of Customs shall take a particular Account (3) of the same, and shall mark the Contents on each Package, and shall mark the Word " Prohibited " on such Packages as contain Goods pro- hibited to be imported for Home Use ; and that all Goods shall be warehoused and kept in the Packages in which they shall have been imported, and no Alteration shall be made in the Packages or the packing of any Goods in the Warehouse, except in the Cases herein-after provided. (4) XV. And be it enacted, That all Goods entered to be warehoused or to be re-warehoused (5) shall be carried into the Warehouse under the Care or with the Authority or Permission of the proper Officer of Customs, and in such Manner and by such Persons, and by such Roads or Ways, and within such Spaces of Time, as the proper Officer of Customs shall authorize, permit, or direct, and all such Goods not so carried shall be forfeited. Goods to be XVI. And bc it enacted. That all Goods which have cleared in 1 hrce ]jqq^^ gy warehoused shall bc duly cleared either for Expor- Years; blui) s . _ . •' . ., ,, -^ Stores in One tatiou or lor Jtiomc U sc withm Ihree xears, and all sur- Year; plus Stores (6) of Ships within One Year from the Day of the first Entry thereof, unless further Time be given by if not cleared the Commissioners of Her Majesty's Treasury ; and if any to be sold. such Goods be not so cleared, it shall be lawful for the Commissioners of Her Majesty's Customs to cause the same to be sold, and the Produce shall be applied to the Payment of the Warehouse Rent and other Charges, and the Overplus (if any) shall be paid to the Proprietor ; and such Goods, when sold, shall be held subject to all the Conditions to which they were subject previous to such Sale, except that a further Time of Three Months from the Date of the Sale shall be allowed to the Purchaser Purchaser for the clearing of such Goods from the Warehouse ; and allowed Three jf ^[^q Goods SO sold shall not be duly cleared from the IMonths. •' (1) As to sorting, see § 35. ; and as to Abandonment, see § 37. (2) See Cap. 86. §§ 16. 18. (li) Duties due on landing Quantities, see § 21. (4) See §§ 35, 30", and 37. (5) See § 25. (6) See § 20,- Sec aIt,o Cap. 86. § 35. 8*^ & 9" Vict. WAREHOUSING. Cap. 91. 265 Warehouse within such Three Months the same shall be forfeited. XVII. And be it enacted. That if any Goods entered Incase of Acci- to be warehoused, or entered to be delivered from the or" i,ipping '"^ Wareliouse, shall be lost or destroyed by any unavoidable Goods, Duty Accident, either on Ship-board or in the landing or ship- may be remitted, ping of the same, or in the receiving into or delivering from the Warehouse, it shall be lawful for the Commis- sioners of Her Majesty's Customs to remit or return the Duties payable or paid on the Quantity of such Goods so lost or destroyed. XVIII. And be it enacted, That it shall be lawful for Duties on the Commissioners of Her Majesty's Customs to remit the J^XtylTin" Duties payable or paid on the whole or any Portion of Warehouse by any Goods which shall be lost or destroyed by any un- Accident re- avoidable Accident in the Warehouse in which the same '"^"^'^ 5 shall have been deposited under the Provisions of this or any other Act passed for the warehousing of Goods ; and and on certain that the Duties payable upon tlie following Articles dcpo- if^^^tdTo be sited in Warehouses of special Security, that is to say, charged on Wines, Currants, Raisins, Figs, Hams, and Cheese, when Quantity taken out of the Warehouse for Home Use, shall be delivered, charged upon the Quantities ascertained by the Measure or AVeight of the same actually delivered. XIX. And be it enacted. That no Goods which have Entry for Ex- been so warehoused shall be taken or delivered from the ^^^'J^usr Warehouse, except upon due Entry, and under Care of the proper Officers for Exportation (1), or upon due Entry and Payment of the full Duties payable thereon for Home Use, if they be such Goods as may be used in the United Kingdom, save and except Goods delivered into the Goodspermitiei Charge of the Searchers to be shipped as Stores, and ^^ '^^ ^}^\^^y^ which shall and may be so shipped without Entry or Pay- jj„use Duty free mcnt of any Duty for any Ship of the Burden of Sixty as Ship's Stores Tons at least, bound upon a Voyage to Foreign Parts, the probable Duration of which, out and home, will not be less than Forty Days : Provided always, that such Stores (1) See § 39. as to the Delivery of Goods for particular Purposes, and §§ i'J, 43, and 44. as to Sugar to be refined. As to surplus Stores, see §120. 266 Rum for Stores and surplus Stores may be shipped without Entry, if borne on Victualling Bill; or entered for private Use. Duties to be paid on original Quantities, except in cei tain Cases. If for Export- ation or Remo- Cap.91. WAREHOUSING. 8'>&9''Vict. shall be duly borne upon the Ship's Victuallmg Bill (1), and shall be shipped in such Quantities and subject to such Directions and liegulations as the Commissioners of Customs shall direct and appoint. XX. Provided always, and be it enacted, That any Hum (2) of the British Plantations may be delivered into the Charge of the Searcher to be shipped as Stores for any Ship without Entry or Payment of any Duty, and any sur- jilus Storcb Cx .my Ship may be delivered into the Charge of the Searcher to be re-shipped as Stores for the same Ship, or for the same Master in another Ship, without Entry or Payment of any Duty, such Rum and such surplus Stores (3) being duly borne upon the Victualling Bills of such Ships respectively, and if the Ship, for the future Use of which any surplus Stores have been warehoused, shall have been broken up or sold, such Stores may be so delivered for the Use of any other Ship belonging to the same Owners, or may be entered for Payment of Duty, and delivered for the private Use of such Owners, or any of them, or of the Master or Purser of such Ship. XXI. And be it enacted. That upon the Entry of any such Goods to be cleared from the Warehouse, if tlie same be for Home Use, the Person entering such Goods inwards shall deliver a Bill of the Entry and Duplicates thereof, in like Manner as directed by Law in the Case of Goods entered to be landed (4), as far as the same is applicable, and at the same Time shall pay down to the proper Officer of the Customs the full Duties of Customs payable thereon, and not being less in Amount than according to the Ac- count (5) of the Quantity first taken of the respective Packages or Parcels of the Goods in such Entry at the Examination thereof, at the Time of the first Entry and landing of the same, without any Abatement on account of any Deficiency, exce})t by this Act is otherwise pro- vided (6) ; and that if the Entry be for Exportation or (1) See Cap. 86. § 68. (2) See § ;?5. as to drawing ofT Rum for Stores in the Wareliouse. (r>) See § 16. (4) See Cap. 86. § IS. (5) The Duty upon Wines, Currants, Raisins, Figs, Hams, and Cheese dci)osUed in "Warehouses of special Security is to be charged upon the Quantity delivered. See § 18. (6) See § 22. as to Toliatco, Sugar, and Spirits ; § 23. as to Corn ; §§ 45, 46. as lo other Goods. 8"^ & 9° Vict. WAREHOUSING. Cap. 91. 267 for Removal to any other Warehouse, and any of the Pack- vai, Duties on ages or Parcels of the Goods be deficient of the respective Deficjpncies to Quantities of the same according to the Account first ^ P'** * taken as aforesaid, a like Entry inwards shall also he passed in respect of the Quantities so deficient, and the full Duties shall be paid on the Amount thereof before such Packages or Parcels of Goods shall be delivered or taken for Exportation or Removal, except as by this Act is otherwise provided (1) ; and if any Goods so deficient in How Value Quantity shall be sucli as are charged to pay Duty accord- ascertained, ing to the Value thereof, such Value shall be estimated at the Price for which the like Sorts of Goods of the best Quality shall have been last or lately sold. XXII. And be it enacted. That the Duties payable Duties on To- upon Tobacco, Sugar, and Spirits respectively, when taken ^'■^^^'°' ^V^^*"' out of AVarehouse for Home Use, shall be charged upon j^" charged on the Quantities ascertained by the Weight, Measure, or Quantities de- Strength of the same actually delivered, save and except levered, except ir that if the Sugar shall not be in a Warehouse of special Security (2 ) no greater Abatement on account of Defi- ciency of the Quantity, first ascertained as aforesaid (3), shall be made than shall be after the Rate of Three per Centum of such Quantity for the first Three Months, and One per Centum for every subsequent Month during which such Sugar shall have been warehoused ; and also save and except that if the Spirits (being any other Spii'its than Rum of the British Plantations) shall not be in a Warehouse of special Security no greater Abatement on account of Deficiency of the Quantity or Strength first ascertained as aforesaid shall be made than shall be after the several Rates of Allowances following ; (that is to say,) For every Hundred Gallons Hydrometer Proof: — For any Time not exceeding Six Months, One Gallon : For .any Time exceeding Six Months, and not ex- ceeding Eighteen Months, Three Gallons : For any Time exceeding Eighteen Montlis, and not exceeding Two Years, Five Gallons: (1) Sec §§ 45, 46. (2) As to Warehouses of special Security, see §§ 2. and '3. io) See §21. 268 Cap. 91. WAREHOUSING. 8° & 9° Vict. ex- No Allowance for Leakage. Allowances for natural Defi- ciency on Corn or Grain in Warehouse. For any Time exceeding Two Years, and not ceeding Two Years and a Half, Six Gallons : For any Time exceeding Two Years and a Half, and not exceeding Three Years, Seven Gallons : And for every additional Year, Two Gallons ; Provided always, that no Abatement shall be made in respect of any Deficiency in Quantity of any Spirits occasioned by Leakage and not by natural Evaporation, in whatever Warehouse the same may be, except as by this Act is otherwise specially provided. XXIII. And be it enacted, That in respect of any Wheat or Barley, or any Rye or any Oats, lodged in Warehouses without Payment of Duty on the first Im- portation thereof, the following Allowances for natural Waste shall be made upon the Exportation thereof, or upon the Entry thereof for Home Consumption ; (that is to say,) In respect of all Wheat, Barley, and Rye, except as is herein-after provided, which has been in Warehouse One Month and less than Three Months, there shall be allowed One and a Half jo^r Centum: In respect of all Wheat, Barley, and Rye, except as herein-after provided, which has been in Warehouse Three Months and less than Six Mouths, there shall be allowed Two per Centum : In respect of all Wheat, Barley, and Rye, except as Is herein-after provided, which has been in Warehouse Six Months and less than Twelve Months, there shall be allowed Two and a Half per Centum: And in respect of all Wheat, Barley, and Rye, except as is herein-after provided, which has been in Ware- house Twelve Months and upwards, there shall be allowed Three per Centum : In respect of Oats, except as is herein-after provided, which have been in Warehouse One Month and less than Three Months, there shall be allowed Two and a Half joe?- Centum : In respect of Oats, except as is herein-after provided, which have been in Warehouse Three Months and less than Six Months, there shall be allowed Three and a Half/^er Centum: In respect of Oats, except as is herein-after provided, which have been in Warehouse Six Months and less 8° & 9" Vict. WAREHOUSING. Cap. 91. 269 than Twelve Months, there shall be allowed Four and a Half per Centum : And in respect of Oats, except as is herein-after pro- vided, which have been in Warehouse Twelve Months and upwards, tliere shall be allowed Five per Centum : Provided nevertheless, that only Half the above Allowances hereby directed to be made on Wheat and Barley and Oats respectively shall be made upon Spanish Wheat and Barley and Oats respectively, and upon Wheat and Barley Kiln- dried abroad respectively, and that no such Allowance shall be made in respect of Rye being Kiln-dried : Pro- vided also, that no such Allowance shall be made unless there shall be an actual Deficiency in the Quantity of such Wheat, Rye, Barley, and Oats originally warehoused. XXIV. And be it enacted, That if after any Goods Importer may shall have been duly entered and landed to be warehoused, fo^ H^^g'^use and before the same shall have been actually deposited in or for Exporta- the Warehouse, the Importer shall further enter the same, tion, altiiougii or any Part thereof, for Home Use or for Exportation, as JJ,°rehoused from the Warehouse, the Goods so entered shall be considered as virtually and constructively warehoused, although not actually deposited in the Wai^ehouse, and shall and may be delivered and taken for Home Use or for Exportation, as the Case may be. XXV. And whereas it is expedient to make Regula- Goods may be tions for the Removal of warehoused Goods (1) from one oXer^Porrs to warehousing Port to another, and from one Warehouse to be re-ware- another in the same Port ; be it therefore enacted. That housed ; any Goods which have been warehoused at some Port in the United Kingdom may be removed by Sea or inland Carriage to any other Port in the same in Avhich the like Goods may be warehoused upon Importation (2), to be re-warehoused at such other Port, and again as often as may be required to any other such Port, to be there re^warehoused, subject to the Regulations herein-after mentioned ; that is to say, Twelve Hours Notice in and o" Notice Writing of the Intention to remove such Goods shall be f "'^" ^^^T -ITT i^rc 'o • 1 . , to prepare them given to the Warehouse Oincer, specify mg the particular for Removal. Goods intended to be removed, and the Marks, Numbers, «p (1) Under orii^inal Conditions, see §§ 29. 32. (2) See § 2. ' 270 Cap. 91. WAIIEIIOUSING. 8° & 9° Vict. and Descrljjtion of the Packages in which the same are contained, in what Ship imported, wlien and by whom entered Inwards to be warehoused, and if subsequently re-warehoused when and by whom re-warehoused, and to wliat Ports the same are to be removed ; and thereupon the Warehouse Officer shall take a particular Account of such Goods, and shall mark the Contents on every Package in preparation for the delivering of the same for the Pur- poses of such Removal, and previous to the Delivery thereof may cause the proper Seals of Office to be affixed Tobacco for thereto : Provided always, that Tobacco, the Produce of Use of Navy ^^^ British Possessions in America, or of the United States may be removed . . , „ ^ p tt -»«- • i to certain Ports. 01 America, and purcliased tor the Use or Her Majesty s Navy(l), may be removed by the Purser of any Ship of War in actual Service to the Ports of Rochester, Ports- mouth, or Plymouth (2), to be there re-warehoused, in the Name of such Purser, in such Warehouse as shall be approved for that Purpose by the Commissioners of Her Majesty's Customs. Entry of Goods XXVI. And be it enacted. That before such Goods for Removal. shall be delivered to be removed due Entry of the same shall be made, and a proper Bill (3) of such Entry, with Duplicates thereof, be delivered to the Collector or Comp- troller (4), containing the before-mentioned Particulars, and an exact Account of the Quantities of the different Sorts of Goods ; and such Bill of Entry, signed by the Collector and Comptroller, shall be the Warrant for the Account sent to Removal of such Goods ; and an Account of such Goods, other Ports. containing all such Particulars, shall be transmitted by the proper Officers of the Port of Removal to the proper Entry at Port Officers of the Port of Destination ; and upon the Arrival of Arrival to of such Goods at the Port of Destination due Entry of le-warehouse. ^j^^ ^^mo, to be rc- Warehoused shall in like Manner be made with the Collector and Comptroller at such Port, Forms of containing all the Particulars and Accounts before men- Entries, tioned, together with the Name of the Port from which such Goods have been removed, and the Description and Situation of the Warehouse in which they are to be ware- (1) For general Regulations as to Tobacco for the Use of the Navy, see Cap. 86. §§107, 108, 109. (2) For regular Tobacco Ports, see Cap. 86. § 63. (3) See § 21., and Cap. 86. § 18. (4) Or any other Officer appointed by the Commissioners as may be necessary in the large Ports. See Cap. 8.5. § 7. 8° & 9- Vict. WAREHOUSING. Cap. 91. 271 housed ; and the Bill of such Entry, signed by such Col- lector and Comptroller, shall be the Warrant to the Landing Officer and the Warehouse Officer to admit such Goods, to be there re-warchoused, under such Examination Examination as is made of the like Goods when first warehoused (1) of Officers, upon Importation from Parts beyond the Seas ; and the Certificate of Particulars to be contained in such Notice and in such Arrival sent to Entries shall be written and arranged in such Form and ^^J^^i Manner as the Collector and Comptroller shall require ; and the Officers at the Port of Arrival shall transmit to the Officers at the Port of Removal an Account of the Goods so arrived, according as they shall upon Examination prove to be, and the Warehouse Officers at the Port of Removal shall notify such Arrival in their Books. XXVII. And be it enacted. That the Person removing Bond to re- such Goods shall at the Time of entering the same give "aieiiouse, Bond (2), with One sufficient Surety, for the due Arrival rivenaTeltiier and re-warehousing of such Goods, within a reasonable Port. Time, with reference to Distance between the respective Ports, to be fixed by the Commissioners of Her Majesty's Customs, which Bond may be taken by the Collector and Comptroller either of the Port of Removal or of the Port of Destination, as shall best suit the Residence or Conve- nience of the Persons Interested in the Removal of such Goods ; and if such Bond shall have been given at the Port of Destination, a Certificate thereof, under the Hands of the Collector and Comptroller of such Port, shall, at the Time of entering such Goods, be produced to the Collector or Comptroller of the Port of Removal. XXVIII. And be it enacted. That such Bond shall not Bond how to be discharged unless such Goods shall have been duly re- ^^ discharged, warehoused at the Port of Destination within the Time allowed for such Removal, or shall have been otherwise accounted for to the Satisfaction of the said Commissioners, nor until the full Duties due upon any Deficiency of such Goods shall have been paid, nor until fresh Security shall have been given in respect of such Goods in manner herein- after provided (3), unless such Goods shall have been lodged in some Warehouse in respect of which general (1) See § ]4. (2) See §§ 28. 34. as to the Discharge of this Bond. (3) See § .34. 272 Cap. 91. WAREHOUSING. 8^ ik 9" Vict. Goods rc-\varo- housed held on 'I'orins of first warehousin}'. On Arrival, after Forms of re-wareliousiiig. Parties may enter to Export, or take for Home Use, without first carrying to the Warehouse. Raraoval in the same Port. Security shall have l)cen given by the Proprietor or Occupier thereof, or in some Warehouse in respect of which no Security is required. (1) XXIX. And be it enacted, That such Goods when so re-warehoused may be entered and shipped for Exportation, or entered and delivered for Home Use, as the like Goods may be when first warehoused upon Importation, and the Time when such Goods shall be allowed to remain re-warehoused at such Port shall be reckoned from the Day when the same were first entered to be warehoused. (2) XXX. And be it enacted. That if upon the Arrival of such Goods at the Port of Destination the Parties sliall be desirous forthwith to export tlic same, or to pay Duty thereon for Home Use, without actually lodging the same in the Warehouse for which they have been entered and examined to be re-warehoused, it shall be lawful for the Officers of the Customs at such Port, after all the Formalities of entering and examining such Goods for re- warehousing have been duly performed, except the actual Labour of carrying and lodging the same in the Warehouse, to consider the same as virtually or constructively re- warehoused, and to permit the same to be entered and shipped for Exportation, or to be entered and delivered for Home Use, upon Payment of the Duties due thereon, in like Manner as if such Goods had been actually so carried and lodged in such Warehouse ; and the Account taken for the re-warehousing of such Goods may serve as the Account for delivering the same as if from the Warehouse either for Shipment or for Payment of Duties, as the Case may be ; and all Goods so exported, or for which the Duties have been so paid, shall be deemed to have been duly cleared from the Warehouse. XXXI. And be it enacted. That any Goods which have been warehoused in some Warehouse in the Port of London may, with the Permission of the Commissioners of Customs first obtained, be removed to any other Ware- house in the said Port in which the like Goods may be warehoused on Importation; and any Goods which have been warehoused in some Warehouse in any other Port (1) See §§ 8. and 2. (2) See § 16. 8«&9^ViCT. WAREHOUSING. Cap. 91. 273 may, with the Permission of the Collector and Comptroller of such Port first obtained, be removed to any other Warehouse in the same Port in which the like Goods may be warehoused on Importation, under such general Regulations as the Commissioners of Customs shall direct. XXXII. And be it enacted. That all Goods which Goods and shall have been removed from one Warehouse for or to Parties subject another, whether in the same Port or in a different Port, condklons. and all Proprietors of such Goods, shall be held subject in all respects to all the Conditions to which they would have been held subject if such Goods had remained in the Warehouse where the same had been originally warehoused. XXXIII. And be it enacted. That if any Goods shall Goods sold, have been warehoused in any Warehouse in respect of "p^ Owner may ,., lo • iT-»i 1 • ^ o g'^'s Bond, and which general Security by Bond as nerem-beiore pro- release the vided (1) shall not have been given by the Proprietor or original Bonder. Occupier of such Warehouse, and particular Security, as in such Case is required, shall have been given by the Importer of such Goods in respect of the same, and such Goods shall have been sold or disposed of, so that the original Bonder shall be no longer interested in or have Control over such Goods, it shall be lawful for the proper Officers to admit fresh Security to be given, by the Bond of the new Proprietor of such Goods or Persons having the Control over the same, with his sufficient Surety, and to cancel the Bond given by the original Bonder of such Goods, or to exonerate him and his Surety to the Extent of the fresh Security so given. XXXIV. And be it enacted. That if the Person re- Bond of Re- moving any Goods from one Port to another, and who '"o^er to be m shall have given Bond (2) in respect of such Removal and Warehouse until re-warehousing, shall be and shall continue to be inte- fresh Bond be rested in such Goods after the same shall have been duly g^^^" ^y "^^ re-warehoused, and such Goods shall have been so re- warehoused in some Warehouse in respect of which Security is required (3), and the Proprietor or Occupier (1) See § 8. (2) See § 27. (.■?) See § 2. T 274 Cap. 91. WAREHOUSING. 8" & 9"" Vict. of the same shall not have o;iven general Security (1), the Bond in rcsj)cct of such llenioval and rc-warchoiising shall be conditioned and continue in force for the rc-ware- liousing such Goods until fresh Bond be given by some new Proprietor or other Person in manner herein-beforc provided. (2) To sort, sepa- rate, and re-pack ill same or equal Packages ; to bottle off Wine or Rum for Exportation ; to draw off Rum for Stores ; to mix Brandy with Wine ; to fill up or rack off Casks of Wine ; XXXV. And be it enacted, That it shall be lawful in the AVarehouse to sort, separate, ])ack and re-i)ack any Goods, and to make such lawful Alterations (3) therein or Arrangements thereof as may be necessary cither for the Preservation of such Goods, or in order to the Sale, Shipment, or legal Disposal of the same ; provided that such Goods be re-packed in the same Packages in which the same Goods, or some Part of the whole Quantity of the same Parcel of Goods, were imported, or in Packages of entire Quantity equal thereto, or in such other Packages (4) as the Commissioners of Her INIajesty's Customs shall permit (not being less in any Case, if the Goods be to be exported or to be removed to another Warehouse, than may be required by Law for the Import- ation (5) of such Goods) ; and also in the Warehouse to draw off any Wine or any Rum of the British Plantations into reputed Quart Bottles or reputed Pint Bottles, for the Purpose only of being exported from the Warehouse ; and also in the Warehouse to draw off any such Rum into Casks, containing not less than Twenty Gallons each, for the Purpose only of being disposed of as Stores (6) for Ships ; and also in the Warehouse to draw off any other Spirits into reputed Quart Bottles, under such Regula- tions as the Commissioners of Customs shall from Time to Time direct, for the Purpose only of being exported from the Warehouse ; and also in the Warehouse to di'aw off and mix with any Wine any Brandy, secured in the same Warehouse (7), not exceeding the Proportion of Ten Gallons of Brandy to One hundred Gallons of Wine ; and also in the Warehouse to fill up any Casks of Wine or Spirits from any other Casks of the same, respectively (1) See § 8. (2) See § S3. (3) See §§ 36, 37. (4) See § 37. (5) See Table of Restrictions, Cap. 86. § 63. (6) See § 20. (7) As to Removal from one Warehouse to another, see § 31, 8''&9oViCT. WAREHOUSING. Cap. 91. 275 secured in the same AVarchouse ; and also in any "Ware- house of special Security to rack oiF any Wine from tlie Lees ( 1 ), and in such Warehouse to mix any Wines of the same Sort, erasing from the Cask all import Brands ; and to take Samples, also in the W^arehouse to take such moderate Samples of Goods as may be allowed by the Commissioners of Iler Majesty's Customs, without Entry and without Payment of Duty, except as the same may eventually become payable as on a Deficiency (2) of the original Quantity. (3) XXXVI. Provided always, and be it enacted, That no No Alteration Alteration shall be made in any such Goods or Packages, *» ^^ ^^^^ »" nor shall any such Wine, Hum, Brandy, or Spirits be a^es,tu*taSord" bottled, drawn off, mixed, or filled up, nor shall any such ing to Regu- Samples be taken, except after such Notices given by the lations. respective Importers or Proprietors, and at such Times and in such Manner, and under such Regulations and Restrictions, as the Commissioners of Customs shall from Time to Time require and direct. XXXVII. And whereas it may happen that after the Re-packing in re-packing into proper Packages of any Parcel of Goods V'^oper Pack- which have been unpacked and separated or drawn off " from the original Package, in any of the Cases herein- before provided for, there may remain some surplus Quantities of the respective Parcels of such Goods which may not be suflficient to make or fill up any One of such proper Packages, or it may happen that some Part of such Goods when separated from other Parts may be such Refuse, or in so damaged a State, as to be worthless, or tliat the total Quantity of such Parcel of Goods may be reduced by the Separation of Dirt or Sediment, or by the Dispersion of Dust or otherwise : And whereas the Duties payable on such Goods may have been levied at a Rate having regard to a just Allowance for the State in which such Goods are imported, and it is not proper that any manufacturing Process should be perfoi'med in such Warehouse to the Detriment of the Revenue ; be it there- After re-pack- fore enacted, That after such Goods have been so re- '"S damaged (1) Lees of Wine may be abandoned for the Duty, see § 37. (2) As to Allowances for Deficiencies for Home Use, see §§ 21, 22, 23. ; and §§ 45, 46. for such Allowances upon Exportation. (3) See § 14. T 2 276 Parts may be destroyed. Cjip. 91. WAREHOUSING. 8° & 9^ Vict. Disposal of sur- plus Quantity. Quantities in new Packages to be marked, and Deficiency to be appor- tioned. Abandonment of Goods for the Duty. No Foreign Casks, &c. to be used for re- packing unless Duties paid. packed In proper Packages (1), it shall be lawful for the Commissioners of Customs, at the Request of the Importer or Pr()[)rIetor ol" such Cloods, to cause or permit any such Refuse, Damage, or surplus Goods not contained in any of such Packages to be destroyed ; and if the Goods be such as may be delivered for Home Use the Duties shall be immediately paid upon any Part of such Surplus as may remain, and the same shall be delivered for Home Use accordingly ; and if they be such as may not be so delivered such Surplus as may so remain shall be disposed of for the Purpose of Exportation in such Manner as the Commissioners of Her IVIajesty's Customs shall direct ; and thereupon the Quantity contained in each of such proper Packages shall be ascertained and marked upon the same ; and the Deficiency shall be ascertained by a Comparison of the total Quantity in such proper Packages with the total Quantity first warehoused (2), and the Proportion which such Deficiency may bear to the Quantity in each Package shall also be marked on the same and added to sucli Quantity, and the Total shall be deemed to be the imported Contents of such Package, and be held subject to the full Duties of Importation, except as otherwise in any Case provided by this Act (3) : Provided always, that it shall be lawful for the said Com- missioners to accept the Abandonment for the Duties of any Quantity of Tobacco or Coffee, or Pepper or Cocoa (4), or Lees of Wine, and also of any whole Packages of other Goods, and to cause or permit the same to be destroyed, and to deduct such Quantity of Tobacco (5) or Coffee, or Pepper or Cocoa, or the Con- tents of such whole Packages, from the total Quantity of the same Importation in computing the Amount of the Deficiency of such total Quantity. XXXVIII. And be it enacted. That no Foreign Casks, Bottles, Corks, Packages, or Materials whatever, except any in which some Goods shall have been imported and warehoused, shall be used in the re-packing (6) of any (1) See § 35. (2) See § 14. (3) See §§ 21, 22, 23 ; also §§ 45, 46. (4) No Abatement of Duty for Damage on the Voyage is allowed in respect of these Articles. See Cap. 86. § 32. (5) See Time allowed for taking the Landing Account of Tobacco, § 14. (6) See re-packing, §§ 35. 37. 8° & 9^ Vict. WAREHOUSING. Cap. 91. 277 Goods in the Warehouse, unless the full Duties shall have been first paid thereon. XXXIX. And be it enacted, That it shall be lawful Goods may be for the Commissioners of Her Majesty's Customs to permit delivered out of WsronousG tor any Goods to be taken out of Wai'ehouse for any such such Purposes Purpose as may appear to them to be exjDedient, under such as the Commis- Regulations and Restrictions as they may think fit to ^^^^^''^ "^(T "% direct, without Payment of Duty of Customs, under Secu- rity, nevertheless, by Bond to the Satisfaction of the said Commissioners, that such Regulations and Restrictions shall be duly complied with, and that such Goods shall be returned to the Warehouse within such Time as they shall appoint. XL. And be it enacted, That no Parcels of Goods so Goods in Bulk w'arehoused, which were imported in Bulk, shall be deli- delivered, vered, except in the whole Quantity of each Parcel, or in a Quantity not less than One Ton Weight, unless by spe- cial Leave of the proper Officers of Customs. XLI. And be it enacted. That no Goods so ware- Packages to be housed shall be delivered unless the same, or the Packages '"^[.'^'^'^ before containing the same, shall have been marked in such dis- tinguishing Manner as the Commissioners of Her Majesty's Customs shall deem necessary and practicable, and shall from Time to Time direct. XLII. And be it enacted. That upon the Application Commissioners to the Commissioners of Her Majesty's Customs of any ?\^ -rCus^oms Person actually carrying on the Business of a Sugar may approve Refiner in the Ports of London^ Liverpool, Bristol, Hull, of Premises for Greenock, or Glasgoic, or any other Port to be approved for Exportau^jn. of by any Three of the Commissioners of Her Majesty's Treasury, it shall be lawful for the Commissioners of Her Majesty's Customs by their Order to approve of such Pre- mises as Bonded Sugar Houses for the refining; of Sue'ar for Exportation only, on it being made appear to the Satisfaction of the said Commissioners that tlie said Pre- mises are fit in every respect for receiving such Sugars, and wherein the same may be safely deposited. XLIII. And be it enacted. That on the Approval of On Approval any Premises as Bonded Sugar Houses as aforesaid it shall *^^rf°^ Officers be lawful for the Officers of the Customs at the Ports cmpowe'rTdto T 3 278 Cap. 91. WAREHOUSING. 8" & 9" Vict. there ri'fined for Exportation only. deliver Sugars respectively wlicrc siicli Prcmiscs are situated to deliver. Duty free, to be ^vitliout Payment of Duty, to the Party or Parties so ap- plying as aforesaid, on Entry with the proper Officer of Customs, any Quantity of Foreign Sugar, or of Sugar the Produce of any liritish Possession, for the Purjioseof being there refined under the Locks of the Crown for Exporta- tion only ; and that all Sugars so delivered shall be lodged and secured in such Premises, under such Conditions, lie- gulations, and Restrictions as the said Commissioners shall from Time to Time direct ; provided always, that it shall be lawful for the said Commissioners, by their Order, to revoke or alter any former Order of Approval of any such Premises. Order of Ap- proval may be revoked. Refiner to give Bond. Decrease and Increase may bo ascertained and allowed, under Regulations of the Treasury. XLIV. And be it enacted. That upon the Entry of the Sugar to be refined in any Premises a})pi*oved of under the Authority of this Act, the Refiner on whose Premises the same is to be refined sliall give Bond to the Satisfac- tion of the Officers of the Customs, in the Penalty of Double the Amount of the Duty payable upon a like Quantity of Sugar of the British Plantations, with a Con- dition that the whole of such Sugar shall be actually sub- jected to the Process of Refinement upon the said Pre- mises, and that within Four Months from the Date of such Bond the whole of the refined Sugar and Treacle produced by such Process shall be either duly exported from the said Premises or delivered into an approved Bonded Ware- house, under the Locks of the Crown, for the Purpose of being eventually exported to Foreign Parts. XLV. And whereas some Sorts of Goods are liable in Time to Decrease, and some to Inci'ease, and some to Fluctuation of Quantity, by the Effect of the Atmosphere and other natural Causes, and it may be necessary in some Cases that the Duties should not be chai'ged upon the Deficiency arising from such Causes ; be it therefore enacted. That it shall be lawful for the said Commissioners of Her Majesty's Treasury to make Regulations for ascer- taining the Amount of such Decrease or Increase of the (Quantity of any particular Sorts of Goods, and to direct in what Proportion any Abatement of Duty payable under this Act for Deficiencies (1) shall be made on account of (1) Sce§§ 21,22,23. 8° & 9° Vict. WAREHOUSING. Cap. 91. 279 any such Decrease : Provided always, that if such Goods No Duty on be lodged in Warehouses of special Security, or declared l>eficiency of in the Order of Appointment to be of special Security, no ^omwlre-^^^ Duty shall be charged for any Amount whatever of Defi- houses declared ciency of any of such Goods on the Exportation thereof, »/" special Secu except in Cases where Suspicion shall arise that Part of '^'*^' such Goods has been clandestinely conveyed away, nor shall any such Goods (unless they be Wine or Spirits) be measured, counted, Aveighed, or gauged for Exportation, except in such Cases of Suspicion. XL VI. Provided always, and be it enacted. That for Allowances for any Wine, Spirits, Coffee, Cocoa Nvits, or Pepper, lodged natural Waste in Warehouses not being or being declared to be of spe- ^c^n'^w^^''*'^ cial Security, the following Allowances for natural Waste, houses not of in proportion to the Time during which any such Goods special Security, shall have remained in the Warehouse, shall be made upon °^ Exportation, the Exportation thereof, according as such Allowances are herein-after respectively set forth; (that is to say,) Wine, upon every Cask ; (videlicet,') For any Time not exceeding One Year, One Gallon : For any Time exceeding One Year and not exceeding Two Years, Two Gallons : For any Time exceeding Two Years, Three Gallons : Spirits, upon every One hundi'ed Gallons Hydrometer Proof; {videlicet,) For any Time not exceeding Six Months, One Gallon : For any Time exceeding Six Months and not exceed- ing Twelve Months, Two Gallons ; For any Time exceeding Twelve Months and not exceeding Eighteen Months, Three Gallons : For any Time exceeding Eighteen Months and not exceeding Two Years, Four Gallons: For any Time exceeding Two Years, Five Gallons : Coffee, Cocoa Nuts, Pepper, for every One hundred Pounds, and so in proportion for any less Quantity, Two Pounds. XL VII. And be it enacted. That in case it shall at any l" case of Em- Time happen that any Embezzlement, Waste, Spoil, or w^Tthrou "h Destruction shall be made of or in any Goods or Merchan- Misconduct'of dize which shall be warehoused in Warehouses under the Officers, Da- Authority of this Act, by or tlu'ough any wilful Miscon- ™^|^^ *^° J^^^ duct of any Officer or Officers of Customs or Excise, such the Proprietor. T 4 280 Cap. 91. WAREHOUSING. S'' & 9" Vict. Officer or Officers shall be deemed guilty of a Misde- meanor, and shall upon Conviction suffer such Punishment as may be inflicted by Law in Cases of Misdemeanor ; and if such Officer shall be so prosecuted to Conviction by the Importer, Consignee, or Proprietor of the Goods or Merchandize so embezzled, wasted, spoiled, or destroyed, then and in such Case no Duty of Customs or Excise shall be payable for or in respect of such Goods or Mcrchau- " dize so embezzled, wasted, spoiled, or destroyed, and no Forfeiture or Seizure shall take place of any Goods and Merchandize so warehoused in respect of any Deficiency caused by such Embezzlement, Waste, Spoil, or Destruc- tion, and the Damage occasioned by such Embezzlement, Waste, Spoil, or Destruction of such Goods or Merchan- dize, not being occasioned by Fire, shall be repaid and made good to such Importer, Consignee, or Proprietor, by the Commissioners of Customs or Excise, under such Orders, Regulations, and Directions as shall be for that Purpose made and given by the Commissioners of Her Majesty's Treasury, or any Three of them. On Entry Out- XLVIIL And whereas it is expedient to make Regu- wards. Bond for j^tions for the exporting of such Goods to Parts beyond and Lnding the Seas as have been imported into the United Kingdom shall be given, from Parts beyond the Seas, and warehoused without Payment of any Duty on the Importation thereof, or not- withstanding that the same may be prohibited to be used in the United Kingdom ; be it therefore enacted, That upon the Entry Outwards of any Goods to be exported from the Warehouse to Parts beyond the Seas (1), and before Cocket (2) be granted, the Person in whose Name the same shall be entered shall give Security by Bond in Double the Amount of Duty payable by Law upon the Importation of such Goods, with One sufficient Surety, that such Goods shall be duly shipped and exported, and shall be landed at the Place for which they be entered Outwards, or otherwise accounted for to the Satisfaction of the Commissioners of Her Majesty's Customs. (3) Goods removed XLIX. And be it enacted, That all Goods taken from from Warehouse ^j^^ W'arehouse for Removal or for Exportation shall be ( 1 ) As to Tonnage of exporting Ship, see § 50. (2) As to Entry and Cocket, see Cap. 86. § 70. (3) Goods shipped as Merchandize cannot be used as Stores. See § 19. 8° & 9° Vict. WAREHOUSING. Cap. 91. 281 removed, or shall be carried to be shipped, under the Care for Shipment or with the Authority or Permission of the proper Officer ^^^^ ^'^^A^ of Customs, and in such Manner, and by such Persons, ^crs. and within such Spaces of Time, and by such lloads or Ways, as the proper Officer of Customs shall authorize, permit, or direct, and all such Goods not so removed or carried shall be forfeited. L. And be it enacted. That it shall not be lawful for Ships to be not any Person to export any Goods so warehoused, nor to l^,*^ *'^i*" ^^"'y enter for Exportation to Parts beyond the Seas any Goods porting such so warehoused, in any Ship which shall not be of the Goods. Burden of Sixty Tons or upwards. LT. And be it enacted. That all Goods or Merchandize Goods landed which shall be landed in Docks, and lodged in the Custody >" l^ocjis liable of the Proprietors of the said Docks under the Provisions prei'rht"as °"^ of this Act, not being Goods seized as forfeited to Her before landing. Majesty, shall when so landed continue and be subject or liable to such and the same Claim for Freight in favour of the Master, Owner or Owners, of the respective Ships or Vessels, or of any other Person or Persons interested in the Freight of the same, from or out of which such Goods or Merchandize shall be so landed, as such Goods, Wares, or Merchandize respectively were subject and liable to whilst the same were on board such Ships or Vessels, and before the landing thereof; and the Directors and Pro- prietors of any such Docks at or in which any such Goods or Merchandize may be landed and lodged as aforesaid, or their Servants or Agents, or any of them, shall and may, and they are hereby authorized, empowered, and required, upon due Notice in that Behalf given to them by such Master or Masters, Owner or Owners, or other Persons as aforesaid, to detain and keep such Goods and Merchan- dize, not being seized as forfeited to Her Majesty, in the Warehouses belonging to the said Docks as aforesaid, until the respective Freights to which the same shall be subject and liable as aforesaid shall be duly paid or satis- fied, together with the Rates and Charges to which the same shall have been subject and liable, or until a Deposit shall have been made by the Owner or Owners or Con- signee or Consignees of such Goods or Merchandize, equal in Amount to the Claim or Demands made by the Master, Owner or Owners, of the respective Ships or Vessels or other Persons as aforesaid, for or on account of Freight 282 Cap. 91. WAREHOUSING. 8" & 9" Vigt. upon such Goods or Merchandize, which Deposit the said Directors or Proprietors of such Docks, or their Agents respectively, are hereby authorized and directed to receive and hold in Trust, until the Claim or Demand for Freight upon such Goods shall have been satisfied, ujjon Proof of which, and Demand made by the Person or Persons, their Executors, Administrators, or Assigns, by whom the said Deposit shall have been made, and the Rates and Charges due upon the said Goods being first paid, the said Deposit shall be returned to him or them by the said Directors or Proprietors, or their Agents on their Behalf, with whom the said Deposit shall have been made as aforesaid. Alteration of LIT. And be it enacted. That this Act may be amended -Act. or repealed by any Act to be passed in this present Session of Parliament. ANNO OCTAVO & NONO VICTORIiE REGINiE CAP. XCII. An Act to grant certain Bounties and Allowances of Customs. [Ath August 1845.] \1/'HEREAS an Act was passed in the Session of Par- ^ ' liament holclen in the Third and Fourth Years of the Reign of King William the Fourth, intituled An Act 3&4W.4. c.58. to grant certain Bounties and AUotvances of Customs, whereby the Laws of Customs in relation to Bounties and Allowances of Customs were consolidated : And whereas, since the passing of the said Act, divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of Commence- this Act the same shall come into and be and continue in "^""^ °^ ^^^' full Force and Operation, for all the Purposes mentioned therein, except where any other Commencement is herein particularly directed. II. And be it enacted. That so long as the Duties Bounties allow- due and payable upon the Importation of Sugar shall be ^^ "P"" ^}^^ continued there shall be allowed upon the Exportation of Refined Sugar. Refined Sugar made(l) in the United Kingdom the (1) See Provisions for refining Sugar in approved Places, Cap. 91. §§ 42, 43, 44. 284 Cap. 92. BOUNTIES. 8" & 9° Vict. Bond to be given for the due Exporta- tion. several Bounties set forth in tlie Table herein-after con- tained ; (that is to say,) Upon Double Kefincd Suo-ar, or Sugar equal <£" in Quality to Double llefined(l), for every Hundred AVeight - - - 1 Upon other Refined Sugar, in Loaf, complete and whole, or Lumps duly refined, having been perfectly clarified and thoroughly dried in the Stove, and being of an uniform Whiteness throughout, or such Sugar pounded, crashed, or broken (2), and Sugar Candy, for every Hundred Weight 17 Upon Bastard or Refined Sugar broken in Pieces, or being ground or powdered Sugar, or such Sugar pounded, crashed, or broken, for every Hundred Weight - - 14 III. And be it enacted. That the Exporter of any Goods in respect of which any Bounty is claimed under this Act, or the Person in whose Name the same are entered Out- wards, shall at the Time of Entry, and before Cocket be granted, give Security by Bond in double the Amount of such Bounty, with One sufficient Surety, that the same shall be duly exported to the Place for which they are entered, or be otherwise accounted for to the Satisfaction of the Commissioners of Her Majesty's Customs, and shall not be re- landed in the United Kingdom, or landed in the Isle of Man unless expressly entered to be carried thereto. Candy in Pack- ages of Half Hundred Weight. IV. And be it enacted. That no Bounty shall be given upon the Exportation of any Refined Sugar called Candy unless it be properly refined and manufiictured, and free from Dirt and Scum, and packed in Packages each of Avhich shall contain Half a Hundred Weight of such Candy at the least. Sugar crashed V. And be it cnactcd, That if any Sugar in Lumps or for Exportation. Loavcs is to be poundcd, crashed, or broken before the same be exported for the Bounty payable thereon, such Lumps or Loaves shall, after due Entry thereof, be lodged in some Warehouse provided by the Exporter, and ap- proved by the Commissioners of Her Majesty's Customs (1) See §7. (2) See §§ 5 and 6. 8° & 9° Vict. BOUNTIES. Cap. 92. 285 for such Purpose, to be then i3rst examined by the Officers of Customs while in such Lumps or Loaves as if for immediate Shipment, and afterwards to be tliere pounded, crashed, or broken, and packed for Exportation in the Presence of such Officers and at the Expence of the Ex- porter ; and such Sugar shall be kept in such Warehouse, and be removed from thence for Shipment, and be shipped under the Care and in the Charge of the Searchers, in order that the Shipment and Exportation thereof may be duly certified by them upon the Debenture, according to the Quality ascertained by them of the same while in such Lumps or Loaves. VI. And be it enacted, That the different Sorts of such Different Sorts Sugar shall be kept apart from each other, in such Manner of crashed Sugar and in such distinct Rooms or Divisions of such Warehouse ^^^^ ^^^^ ^^^^' as shall be directed and appointed by the Commissioners of Her Majesty's Customs ; and if any Sort of such Sugar shall be found in any Part of such Warehouse appointed for the keeping of Sugar of a Sort superior in Quality thereto the same shall be forfeited ; and if any Sort of such Sugar shall be brought to such Warehouse to be pounded, crashed, or broken, which shall be of a Quality inferior to the Sort of Sugar expressed in the Entry for the same, such Sugar shall be forfeited. VII. And be it enacted, That there shall be provided Sample Loaves by and at the Expence of the Committee of Sugar Ee- ^° '^'^ provided, finers in London, and in like Manner by and at the Expence of the Committee of ]\Ierchants in Dublin, as many Loaves of Double Refined Sugar prepared in manner herein-after directed, and as many Loaves or Lumps of Sugar made upon the Patent Principle, and equal in Quality to Double Refined Sugar, as the Com- missioners of Her Majesty's Customs shall think necessary ; which Loaves or Lumps, when approved of by the said Commissioners, shall be deemed and taken to be Standard Samples ; one of which Loaves or Lumps shall be lodged with the said Committees respectively, and one other with such Person or Persons as the said Commissioners shall direct, for the Purpose of comparing therewith Double Refined Sugar, or Sugar equal in Quality to Double Re- fined Sugar, entered for Exportation for the Bounty ; and fresh Standard Samples shall in like Manner be again furnished by such Committees respectively, and in like 286 Cap. 92. BOUNTIES. 8° & 9° Vict. Sugar. Manner lodged, whenever it may be deemed expedient by Proviso for the Said Commissioners : Provided always, tliat no Loaf ^^a^}*^ licfined of Sugar shall be deemed to be a proper Sample Loaf of Double Kefincd Sugar as aforesaid, If it be of greater Weight than Fourteen Pounds, nor unless it be a Loaf complete and whole, nor unless the same shall have been made by a distinct Second Process of Refinement from a Quantity of Single Refined Sugar, every Part of which had first been perfectly clarified and duly refined, and had been made into Loaves or Lumps which were of an uniform Whiteness throughout, and had been thoroughly dried in the Stove : Provided also, that no Loaf or Lump of Sugar shall be deemed to be a proper Sample Loaf or Lump of Sugar equal to Double Refined, unless it be a Loaf or Lump complete, nor unless the same shall have been prepared after the Patent Principle. Proviso for Patent Sugar Sugar entered not equal to the Standard shall be forfeited. VIII. And be it enacted. That in case any Sugar wliich shall be entered in order to obtain the Bounty on Double Refined Sugar or Sugar equal in Quality to Double Refined Sugar shall, on Examination by the proper Oflficer, be found to be of a Quality not equal to such Standard Sample, all Sugar so entered shall be forfeited and may be seized. Alteration of Act. IX. And be it enacted. That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. ANNO OCTAVO & NONO VICTORIiE REGIN.E. CAP. XCIII. An Act to regulate the Trade of British Posses- sions abroad. [4th August 1845.] ^X/'HEREAS an Act was passed in the Session of Par- hament holden in the Third and Fourth Years of the Reign of King William the Fourth, intituled An Act 3&4W.4.C.59. to regulate the Trade of the British Possessioiis abroad, whereby the Laws of Customs in relation to the Trade of the British Possessions abroad were consolidated : And whereas since the passing of the said Act divers Acts and Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of Advantage to the Trade and Commerce of the Country that the said Acts and Parts of Acts should be consoli- dated into One Act: Be it therefore enacted by the Queen'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 from and after the Commence- passing of this Act the same shall come into and be and '""'' '^^ ^'^^' continue in full Force for all the Purposes therein men- tioned, except where any other Commencement is herein particularly directed. 11. And be it enacted. That no Goods shall be imported importation and into, nor shall any Goods, except the Produce of the Exportation of Fisheries in British Ships, be exported from any of the t^Se^Porls!^ British Possessions in America by Sea from or to any Place other than the United Kingdom, or some other of such Possessions, except into or from the several Ports 288 POSSESSIONS. 8" & 9" Vict. Cap. 93. in sucli Possessions, called *' Free Ports," enumerated or described in the Table following ; (that is to say,) TABLE of FREE PORTS. (1) Kingston Old Harbour Savanna la Mer Black River Montcgo Bay St. Lucia Falmouth Rio Bueno St. Ann's Port Maria Annotto Bay Port Antonio Morant Bay Port Morant Bridgetown St. John's Plymouth Basseterre Anguilla Charlestown Road Harbour Castries Roseau Kingstown St. George's Port of Spain San Fernando Scarborough George Town New Amsterdam Nassau Grand Key Pitt's Town - Jamaica. \ Barbadoes. Antigua. Montserrat. St. Kitt's Anguilla. Nevis. Tortola. St. Lucia. Dominica. St. Vincent. Grenada. Trinidad. Any Port where there is a Custom House Tobago. Demerara Berbice {New Provi- dence. r Turk's Is- \ land. J Crooked Is- \ land. f British \ Guiana. Bahamas. ( 1 ) For free warehousing Ports, see § 48. 8° & 9° Vict. POSSESSIONS. Ports St. George's and Hamilton Cap. 93. Bermudas. 289 Quebec . - - Halifax - '^ Pictou Liverpool Yarmouth Lunenberg Shelburne Digby Windsor Parrsboro' Cumberland New Edinburgh Arichat Sydney, Cape Breton Charlotte Town George Town St. John's Miramichi Dalhousie Canada. St. Andrew's St. John's Magaguadavic - Campo Bello Harbour Grace - Nova Scotia. ■ Prince Edward's Island, -New Brunswick. - Newfoundland. And if any Goods shall be imported into any Port or Place in any of the said Possessions contrary hereto, such Goods shall be forfeited (1): Provided always, that if Her Majesty shall deem it expedient to extend the Pro- visions of this Act to any Port or Ports not enumerated in the said Table, it shall be lawful for Her Majesty, by Order in Council, to extend the Provisions of this Act to such Port or Ports ; and from and after the Day men- tioned in such Order in Council all the Privileges and Advantages of this Act, and all the Provisions, Penalties, and Forfeitures therein contained, (subject nevertheless to the Limitations and Kestrictions herein-after provided,) shall extend, and be deemed and construed to extend, to any such Port or Ports respectively, as fully as if the same had been inserted and enumerated in the said Table at the Time of passing this Act : Provided also, that Her Majesty- may appoint other Ports to be Free Ports. ( 1 ) As to Jurisdiction, see § 73. U 290 Proviso for Articles from Guernsey, &c. for the Fish- Cap. 93. POSSESSIONS. 8° & 9° Vict. nothing hercln-bcforc contained shall extend to prohibit the Importation or Exportation of Goods into or from any Ports or Places in Newfoundland or Labrador in Britkli Ships : Provided also, that it shall be lawful to import from the Islands of Guernsey and Jersey in British Ships into any Port or Place in the British Possessions in North America, at or from whence the British Fisheries in Noj'th America are carried on, any Sort of Craft, Food, Victuals (except Spirits), and any Sort of Clothing and Implements and Materials fit and necessary for the said Fisheries, although such Port or Place be not a Free Port. Her Majesty HI. And whcrcas there are in the said Possessions may appoint i^ianv Placcs situated in liivers and in Bays at which it may J^ortstorhmited , •' itit~> n • t i t • t Purposes. oc ncccssary to establish l^orts lor particular and limited Purposes only ; be it therefore enacted. That it shall be lawful for Her Majesty, in any Order in Council made for the Appointment of any Free Port, to limit and con- fine such Appointments respectively to any and such Purposes only as shall be expressed in such Order. Limitation of IV. And Avhcrcas by the Law of Navigation (1) ttie Privileges of ]?oreign Ships are permitted to import into any of the * * British Possessions in Asia, Africa, or America, from the Countries to which they belong (2), Goods the Produce of those Countries, and to export Goods from such Posses- sions to be carried to any Foreign Country Avhatever: And whereas it is expedient that such Permission should be subject to certain Conditions ; be it therefore enacted. That the Privileges thereby granted to Foreign Ships shall be limited to the Ships of those Countries which, having Colonial Possessions, shall grant the like Privileges of trading with those Possessions to British Ships, or which, not having Colonial Possessions, shall place the Commerce and Navigation of this Country, and of its Possessions abroad, upon the Footing of the most favoured Nation, unless Her ^lajesty, by Her Order in Council, shall in any Case deem it expedient to grant the whole or any of such Privileges to the Ships of any Foreign (1) See Cap. 88. § 11. (2) See Cap. 88. § 16. as to what constitutes a Ship of any particular Country. 8° & 9'' Vict. POSSESSIONS. Cap. 93. 291 Country, although the Conditions aforesaid shall not in all respects be fulfilled })y such Foreign Country : Pro- vided always, that no Foreign Country shall be deemed to have fulfilled the before-mentioned Conditions, or to be entitled to the Privileges aforesaid, unless and until Her Majesty shall, by some Order or Orders by Her made or to be made by the Advice of Her Privy Council, have declared that such Foreign Country hath so ful- filled the said Conditions, and is entitled to the said Privileges. V. And be it enacted. That nothing contained in this Tin's Act not to Act, or any other Act passed in the present Session of ^^'^^^ "^ ^ep 4 Parliament, shall extend to repeal or in any Avay alter or ^,[ i. for regu- affect an Act passed in the Fourth Year of the Reign of lating the 'I'rade His late Majesty King Geor(/e the Fourth, intituled An g^^^"^'^ Act to authorize His Majesty, wider certain Circumstances, to regulate the Duties and Drawbacks on Goods imported or exported in Foreign Vessels, and to exempt certain Foreign Vessels from Pilotage (1), nor to repeal or in any way alter or affect an Act passed in the Fifth Year of the Reign of His said late Majesty, among other things, to amend the last-mentioned Act; and that all Trade and Intercourse between the British Possessions and all Foreign Countries shall be subject to the Powers granted to His said late Majesty by those Acts. VI. And be it enacted. That the several Sorts of Goods Establishing enmnerated or described in the Table following, denomi- I'rohibuions nated " A Table of Prohibitions and Restrictions," are hereby prohibited to be imported or brought, either by Sea or by Inland Carriage or Navigation, into the British Possessions in America or the Mauritius, or shall be so imported or brought only under the Restrictions men- tioned in such Table, according as the several Sorts of such Goods are set forth therein ; (that is to say,) A TABLE OP PROHIBITIONS and RESTRIC- TIONS. Gunpowder, Ammunition, Arms, or Utensils of War, [Prohibited to be imported, except from the United Kingdom, or from some other British Possession.] (1) See these Acts in the Appendix. u 2 292 Cap. 93. POSSESSIONS. 8° & 9° Vict. Coflfec Sugar (not being refined in Bond in the United Kingdom) Molasses Rum - - - Being the Produce or Manu- factiu'e of any British Pos- session within the Limits of the J^ast India Company's Charter (except and subject as herein -after is provided), or, being of Foreign Produce or Manufacture, [Prohibited to be imported into any of the British Pos- sessions on the Continent of South Avierica or in the West Indies (the Bahama and Bermuda, Islands not included), or into the Mauritiiis, except to be ware- housed for Exportation only, and may also be pro- hibited to be imported into the Bahama or Bermuda Islands by Her Majesty's Order in Council.] Base or Counterfeit Coin, [Prohibited to be imported.] Goods imported And if any Goods shall be imported or brought into any f"f*ird ^^^^^° of the British Possessions in America or the Mauritius contrary to any of the Prohibitions or Restrictions men- tioned in such Table in respect of such Goods, the same shall be forfeited ; and if the Ship or Vessel in which such Goods shall be unported be of less Burden than Sixty Tons, such Ship or Vessel shall also be forfeited. (1) Coffee, Sugar, and Rum may be imported in- to the British Possessions in the West Indies and South Ame- rica and the Mauritius in certain Cases. VII. Provided always, and be it enacted. That It shall be lawful to import into any British Possessions In the f^Fest Indies and South America, and Into the Mauritius, any Coffee the Produce of any British Possessions within the Limits of the East India Company's Charter, and also any Sugar the Produce of any British Possession within the Limits of the East India Company's Charter into which the Importation of Sugar the Produce of any Foreign Country, or of any British Possession into which Foreign Sugar may be legally imported, has been pro- hibited, and also any Rum the Produce of any British Possession within the Limits of the East India Company's Charter, into which the Importation of Rum the Produce of any Foreign Country, or of any Britisli Possession Into which Foreign Sugar or Rum may be legally imported, has been prohibited : Provided nevertheless, that no such Coffee, (1) As to Jurisdiction, see § 73. 8° & 9° Vict. POSSESSIONS. Cap. 93. 293 Sugar, or Rum shall be entered in any British Posses- sion in the West Indies or South America, or in the Island of Mauritius, as being the Produce of any British Posses- sion within the Limits of the £ast India Company's Charter, from which the same may be so legally imported, unless the INIaster of the Ship importing the same shall have delivered to the Collector or principal Officer of the Customs at the Port of Importation such Certificate of Origin as herein-after is mentioned, under the Hand and Seal of the proper Officer at the Place where the same shall have been taken on board ; and such Master shall also make and subscribe a Declaration before the proper Officer of the Customs that such Certificate was received by liim at the Place where such Coffee, Sugar, or Rum was taken on board, and that the Coffee, Sugar, or Rum so imported is the same as is mentioned therein; and such Certificate of Origin shall, as regards Coffee, certify that a Declaration in Writing had been made and signed before the Officer giving such Certificate, the Contents of which he believed to be true, by the Shipper of such Coffee, that the same was really and bond fide the Pro- duce of some British Possession ; and such Certificate of Origin shall, as respects Sugai', state the Name of the District in which such Sugar was produced, the Quantity and Qusdity thereof, the Number and Denomination of the Packages containing the same, and the Name of the Ship in which they were laden, and of the Master thereof, and the Officer giving the same ; the Shipper of such Sugar shall likewise certify that there had been produced a Cer- tificate under the Hand and Seal of the Collector or As- sistant Collector of the Land or Customs Revenue of the District within which such Sugar was produced, that such Sugar was of the Produce of such District, and that the Importation into such District of Foreign Sugar, or Sugar the Growth of any British Possession into which Foreign Sugar can be legally imported, is prohibited ; and such Certificate of Origin shall, as respects Rum, state the Name of the District in which such Rum was produced, the Quantity and Strength thei*eof, the Number and Denomination of the Packages containing the same, and the Name of the Ship in which they were laden, and of the Master thereof, and shall also testify that there had been produced to the Party giving such Certificate, by the Shipper of such Rum, a Certificate under the Hand and u 3 294 Cap. 93. POSSESSIONS. 8° & 9^^ Vict. Seal of the Collector or Assistant Collector of the Land or Customs llcvcnuc of the District within which such Kum was produced, that the same was the Production of such District. Coffee, &c., VIII. And be it enacted, That all Coffee, Sugar, though British, Molasscs, and Rum (although the same may be of British iu certain Cases. Plantations) exported from any of the British Possessions in America, into which the like Goods of Foreign Produc- tion can be legally imported, shall upon subsequent Impor- tation from thence into any of the British Possessions in America or the Mauritius, into which such Goods, being of Foreign Production, cannot be legally imported, or into the United Kingdom, be deemed to be of Foreign Produc- tion, and shall be liable, on such Importation respectively, to the same Duties or the same Forfeitures as Articles of the like Description, being of Foreign Production, would be liable to, unless the same shall have been vv^arelioused under the Provisions of this Act (1), and exported from the Warehouse direct to such other British Possession, or to the United ffingdom, as the Case may be. Foreign Re- IX. And bc it cuactcd, That any Books wherein the prints of Books Copyright shall be subsisting, first composed or written or rlffhrpro-^^' printed in the United Kingdom, and printed or reprinted hibited. iu any other Country, shall be antl are hereby absolutely prohibited to be imported into the British Possessions abroad : Provided always, that no such Books shall bc prohibited to be imported as aforesaid unless the Pro- prietor of such Copyright, or his Agent, shall have given Notice in Writing to the Commissioners of Customs that such Copyright subsists, and in such Notice shall have stated when the Copyright will expire ; and the said Commissioners shall cause to be made, and to be publicly exposed at the several Ports in the British Possessions abroad, fi'om Time to Time, printed Lists of Books re- specting which such Notice shall have been duly given, and all Books imported contrary thereto shall be forfeited. Foreign Manu- X. And be it enacted, That if any Articles of Foreign factures with Manufacture, and any Packages of such Articles bearing any Names, Brands, or Marks of Manufacturers resident British Marks. (1) See these Provisions, §§ 49. to 60.. 8° & 9° Vict. POSSESSIONS. Cap. 93. 295 in the United Kingdom, shall be imported into any of the British Possessions abroad, the same shall be for- feited. XI. And be it enacted. That there shall be raised, levied, Import Duties collected, and paid unto Her Majesty the several Duties ^"M^osed. of Customs, as the same are respectively set forth in Figures in the Table of Duties herein-after contained, upon Goods, Wares, and Merchandize not being the Growth, Production, or Manufacture of the United King- dom, or of any of the British Possessions in America, or of the Mauritius, or of any of the British Possessions Avithin the Limits of the East India Company's Charter, or the Produce of any of the British Fisheries imported or brought into any of the British Possessions in America or the Mauritius, by Sea or Inland Carriage or Naviga- tion. (1) TABLE OF DUTIES. s. d. AVheat Flour - - the Barrel of 196 lbs. 2 Fish of Foreign taking f dried or salted - the Cwt. 2 or curing [ pickled - the Barrel 4 Meat, salted or cured . - - the Cwt. 3 Butter - - - - _ 8 Cheese -- - -- — 50 Coffee - - - - _ 5 Cocoa - - - -- — 10 Molasses --- - - — 30 Sugar, unrefined - - - — 5 Refined Sugar, the Produce of and 1^ 20 per Centum refined in Foreign Countries (2) Tea, unless imported direct from' China, or unless imported from the United Kingdom, or from any of the British Possessions - _ Spirits : Rum - - - - per Gallon 6 Other Spirits and Cordials - — 10 (1) As to Currency, Weights, Measures, &c., see § 17. As to Appro- priation, see § 18. For Warehouse Regulations, see from §§ 49. to 60. (2) As to Foreign Sugar refined in Bond, see § 13. u 4 ad valorem. per lb. 1 POSSESSIONS. J 8° & 9° Vict. 15 per Centum ad valorem. per Centum valorem. ad 15 per Centum ad valorem. Cap. 93. Glass Manufiictures Silk Manufactures - - Spermaceti "Wine, whether bottled or not Cotton Manufactures Linen Ditto _ _ - Woollen Ditto Leather Ditto - - - Paper Ditto _ _ _ Hardware - _ . - Clocks and Watches - - _ Manufactured Tobacco Soap _ _ - - Candles other than Spermaceti Corks, Cordage, and Oakum Oil, Blubber, Fins, and Skins, the Produce of Fish and Creatures living in the Sea, of Foreign Fish- ing Articles not enumerated, except such 'l ^ ^^^^^^ ^^ as are comprised or reierred to in > ^ , . ^ / 1 \ the subjoined Table of Exemptions J * ^ ^ And if any of the Goods herein-before charged with Duty, except Sugar, shall be imported through the United Kingdom, (having been warehoused therein, and being ex- ported from the Warehouse, or the Duties thereon, if there paid, having been drawn back,) TABLE OF EXEMPTIONS. Coin, BuUion, and Diamonds. Horses, Mules, Asses, neat Cattle, and all other Live Stock. Hay and Straw. Tallow and raw Hides. Salt. Rice. Corn and Grain unground. Biscuit or Bread. Meal or Flour, except Wheat Flour. (1) Any of these Articles may be exempted from Duty by Order in Council. See § 16. Such Goods shall only be charg- ed with Three Fourths of the Duties herein- before imposed. 8° & 9° Vict. POSSESSIONS. Cap. 93. 297 Fresh Meat. Fresh Fish. Fruit and Vegetables, fresh. Carriages of Travellers. Wood and Lumber. Cotton Wool. Hemp, Flax, and Tow. Drugs. Gums and Resins. Tortoiseshell. Manures of all Kinds. Specimens illustrative of Natural History. Herrings taken and cured by the Inhabitants of the Isle of Man, and imported from thence. Tea imported direct from China or from the United Kingdom, or from any British Possession. Provisions and Stores of every Description imported or supplied for the Use of Her Majesty's Land and Sea Forces. ■ All Goods imported from the United Kingdom after having there paid the Duties of Consumption, and imported from thence without Drawback. And also such of the following Articles, (namely,) Salted or cured Meat, Flour, Butter, Cheese, Molasses, Corkwood, Cordage, Oakum, Pitch, Tar, Turpentine, Leather and Leather-ware, Fisherman's Clothing and Hosiery, Fishing Craft, Utensils, Instruments, and Bait, as shall be imported for the Use of the British Fisheries in America into any Place at or from whence any such Fishery is carried on. XII. And be it enacted. That the Commissioners of Commissioners Customs, or the principal Officer of Customs at the Place °^ Customs may of Importation shall make and establish such Regulations Regulations?'^^ as may be necessary for the Purpose of ascertaining that such Articles as last aforesaid are bond Jide intended to be applied to the Use of such Fisheries, or that such Pro- visions and Stores as aforesaid are bond Jide imjiorted or supplied for the Use of Her Majesty's Land and Sea Forces. 298 Cap. 93. POSSESSIONS. 8° & 9'^ Vict. Import Duty on XIII. And be it cnacted, That there shall be raised. Sugar refinetl in Icvicd, Collected, aiid paid unto Her Majesty a Duty of • Ten Pounds for every One hundred Pounds of the Value upon Sugar refined in Bond in the United Kingdom, not being of the Growth of any of the British Possessions in America or of the Mauritius, or of any of the British Possessions within the Limits of the J^ast India Com- pany's Charter, imported into any of the British Posses- sions in America or into the Mauritius. Crown Goods XIV. And be it enacted, That all Goods, Wares, and portatio'^i to'"be Merchandize, the Property of the Crown, shall, in case of ciiargod with the Sale thereof after Importation into any of the British ^"^y- Possessions abroad, be lia])le to and be charged with such and the same Duties of Customs as may by Law be pay- able or charged on the like Goods, Wares, and Merchan- dize, not being the Property of the Crown. Duties imposed XV. And bc it enacted, That if in any of the British by this Act to Possessions in America or the Mauritius any Duty be certain Cases, chargeable by any Colonial Law upon any Articles being the Growth, Produce, or Manufacture of the United Kingdom, or of the British Possessions in America, or the Mauritius, or of the British Possessions within the Limits of the East India Company's Charter, or the Produce of the British Fisheries, beyond the Duty (if any) chargeable by such Colonial Law upon similar Foreign Articles, a Duty equal to such Excess or Amount (as the Case may be) of the Duties so chargeable by such Colonial Law upon such British Articles shall be charged under this Act upon such Foreign Articles, in addition to the Imperial Duties (if any) hereby imposed thereon ; and that if in any of the British Possessions in America or the Mauritius any Duty be chargeable by any Colonial Law upon Tea imported direct from China, or imported from the United Kingdom, or any of the British Possessions, beyond the Duty (if any) chargeable by such Colonial Law upon Tea not so imported, the Imperial Duty hereby imposed upon Tea not so imported shall be increased by such Excess or Amount (as the Case may be) of the Duties so chargeable by such Colonial Law upon Tea imported direct from China, or imported from the United Kingdom, or from any of the British Possessions. 8° & 9° Vict. POSSESSIONS. Cap. 93. 299 XVI. And be it enacted, That it shall and may be Powcr to Her lawful for Her Majesty, by and Avith the Advice of Her Majesty, by Privy Council, by any Order or Orders in Council to be ^^J'^t" ^"^J^"""' issued from Time to Time, to direct that any Article certain A'rticles described in such Order, being an Article chargeable under from Duty, this Act as an unenumcrated Article, with a Duty of Four jper Centum ad valorem, shall be added to the List of Exemptions he rcin> before set forth, and shall be free from such Duty ; and from and after the Time mentioned in such Order for the Commencement of such Exemption, not being less than Six Months from the Date thereof, such Exemption shall take effect, and such Article shall thenceforth, whilst such Order shall continue in force, be free from such Duty accordingly ; and any such Order may at any Time be suspended or revoked by Her Majesty, with the Advice of Her Privy Council, by any other Order in Council. XVII. And be it enacted. That all Sums of Money Money levied granted or payable under this Act as Duties, Penalties, under this Act or Forfeitures in the British Possessions in America or Money o7 Great the Mauritius shall be deemed and are hereby declared Britain. to be Sterling Money of Great Britain, and sliall be collected, recovered, and paid to the Amount of the Value which such nominal Sums bear in Great Britain, and such Money may be received and taken in Sterling Money of Great Britain, or in Foreign Coins at such Kates as shall be equivalent to Sterling Money of Great Britain, and which shall have been fixed by any Proclamation issued by Her Majesty ; and all Duties under this Act Duties to be shall be paid and received in every Part of the British levied according Possessions in America and in the Mauritius accordinjr wJiTfY'^ii to the Imperial Weights and Measures now by Law Measures. established ; and in all Cases where such Duties are im- ])0scd according to any specific Quantity or any specific Value, the same shall be deemed to aj)ply in the same Proportion to any greater or less Quantity or Value; To be under and all such Duties shall be under the Management of Management of the Commissioners of Her Majesty's Customs. Commissioners "> •' ot Customs. XVIII. And be it enacted. That the net Produce of Net Produce of the Duties so received by the Means and Powers of this ^^"'ies how to Act shall be paid by the Collector of the Customs into ^^ '''^'^'^"'^^ the Hands of the Treasurer or Receiver General of the Colony, or other proper Officer authorized to receive the 300 Cap. 93. POSSESSIONS. 8" & 9" Vict. same in the Colony in whicli the same shall be levied, to be ap])lied to sucli Uses as shall be du'ccted by the local Legislatures of such Colonies respectively ; and that the Produce of such Duties so received as aforesaid in the Colonies which have no local Legislature shall and may be applied in such Manner as shall be directed ]>y the Commissioners of Her Majesty's Treasury. Goods from tiic XIX. And bc it enacted, That Goods the Produce or Channel Islands. Manufacture of the Islands of Guernsey, Jersey, Alderncy, or Sark, when imported from such Islands into the British Possessions in America or the Mauritius, shall be admitted to Entry upon Payment of the same Duties as are payable upon the like Goods the Produce or Manufacture of the United Kingdom, or of any of the said Possessions, upon Production to the principal Officer of Customs at the Port of Importation of the Proofs now required by Law that such Goods are the Production or Manufacture of the Islands aforesaid. All British Ves- XX. And wlicrcas in some of Her Majesty's Possessions seis shall be abroad certain Duties of Tonnage arc, by Acts of the local Duties in rt^e"^ Legislatures of such Possessions, made payable in respect Colonies, ex- of or are levied upon British Vessels, to which Duties the cept Coasting i[\^q Vessels built within such Possessions, or owned by Per- esses. ^^^g resident there, are not subject; be it enacted. That there shall be levied and paid at the several British Posses- sions abroad upon all Vessels built in any such Possessions, or owned by any Person or Persons there resident, other than Coasting or Drogueing Vessels employed in coasting or drogueing, all such and the like Duties of Tonnage and Shipping as are or shall be payable in any such Possessions upon the like British Vessels built in other Parts of Her Majesty's Dominions, or owned by Persons not resident in such Possessions. Ship and Cargo XXI. And be it cnacted. That the Master of every to be reported Ship arriving ( 1 ) in any of the British Possessions in on rriva . America or the Mauritius, or the Islands of Guernsey, Jersey, Alderney, or Sark, whether laden or in Ballast, shall come directly, and before Bulk be broken, to the Custom House for the Port or District where he arrives, Particulars of and there make a Report in Writing to tlie Collector or Report. Comptroller, or other proper Officer, of the Arrival and ( 1 ) As to Power of Officers to board, see % 65. 8° & 9° Vict. POSSESSIONS. Cap. 93. 301 Voyage of such Ship, stating her Name, Country (1), and Tonnage, and, if British, the Port of Registry, the Name and Country of the Master, the Country of the Owners, the Number of the Crew, and how many are of the Country of such Ship, and whether she be laden or in Ballast, and, if laden, the Marks, Numbers, and Contents of every Package and Parcel of Goods on board, and where the same was laden, and where and to whom con- signed, and where any and what Goods, if any, had been unladen during the Voyage, as far as any such Particulars can be known to him ; and the Master shall further answer all such Questions concerning the Ship and Cargo, and the Crew and the Voyage, as shall be demanded of him by such Officer ; and if any Goods be unladen from any Ship before such Report be made, or if the Master fail to make such Report, or make an untrue Report, or do not truly answer the Questions demanded of him, he shall forfeit the Penalty for Sum of One hundred Pounds, and if any Goods be not ^^^^^ Report, ireported such Goods shall be forfeited. XXII. And be it enacted. That the Master of every Entry Outwards Ship bound from any British Possession abroad, except of Ship for the Territories subject to the Government of the Presi- ^^'^so- dencies of Fort William in Bengal, Fort Saint George, and Bombay, shall, before any Goods be laden therein, deliver to the Collector or Comptroller, or other proper Officer, an Entry Outwards under his Hand of the Destination of such Ship, stating her Name, Country, and Tonnage, and. Particulars of if British, the Port of Registry, the Name and Country of Entry, the Master, the Coimtry of the Owners, the Number of the Crew, and how many are of the Country of such Ship ; and if any Goods be laden on board any Ship before Penalty so/, such Entry be made the Master of such Ship shall forfeit the Sum of Fifty Pounds ; and before such Ship depart, Content of the the Master shall bring and deliver to the Collector or Cargo to be de- Comptroller, or other proper Officer, a Content in "Writing Departure!*"^ under his Hand of the Goods laden, and the Names of the respective Shippers and Consignees of the Goods, with the INIarks and Numbers of the Packages or Parcels of the same, and shall make and subscribe a Declaration to the Truth of such Content as far as any of such Particulars can be known to him ; and the Master of every Ship bound Clearance of from any such Possession, whether in Ballast or laden, ^^'P ^^^ ^^^ (1) As to what constitutes a Ship of any Country, see Cap. 88. § IG. 302 Cap. 93. POSSESSIONS. 8°&9''Vict. shall, before Departure, come before the Collector or Comptroller, or other proper Officer, and answer all such Questions concerning tlic Sliip and the Cargo, if any, and the Crew and tlio Voyage, as shall be demanded of him by such Officer ; and thereupon the Collector and Comptroller, or other proper Officer, if such Ship be laden, shall make out and give to the IMaster a Certificate of the Clearance ( 1 ) of such Ship for her intended Voyage, con- taining an Account of the total Quantities of the several Sorts of Goods laden therein, or a Certificate of her Clear- Penalty for not ance in Ballast, as the Case may be ; and if the Ship shall clearing, 100/. depart without such Clearance, or if the Master shall deliver a false Content, or shall not truly answer the Ques- tions demanded of him, he shall forfeit the Sum of One hundred Pounds. Goods not XXIII. And be it enacted. That no Goods shall be ^ated to be stated in such Certificate of Clearance of any Ship from tish Possession ^^7 Bvitinh Possession to be the Produce of such Posses- to be deemed of sion unless such Goods shall have been expressly stated so Foreign Pro- ^^ ^g ]^ t]^^ Entry Outwards (2) of the same, and that all Goods not expressly stated in such Certificate of Clearance to be the Produce of such Possession shall, at the Place of Importation in any other such Possession or in the United Kingdom, be deemed to be of Foreign Production. Clearing Offi- XXIV. And bc it enacted. That before any Clearing cers to ascertain Officer permits any Vessel wholly or in part laden with the Camo of ^ Timber or Wood Goods to clear out from any British Port certain Ships is in North America, or in the Settlement of Honduras, for below Deck. ^ny Port in the United Kingdom, at any Time after the First Day of September or before the First Day of May in any Year, he shall ascertain that the whole of the Cargo of such Vessel is below Deck, and shall give the Captain or other Person having Command of such Vessel a Certi- Captains of such ficatc to that Effect; and no Captain or other Person Ships not to having Command of any Vessel so laden as aforesaid shall Certificate!' ^ail from any of the Ports aforesaid for any Port of the United Kingdom, at any such Time as aforesaid, until he has obtained such a Certificate as aforesaid from the Clearing Officer. (1) As to the Production of this Certificate, see Cap. 86. § 36. (2) See Entry Outwards, §§ 29. 31. 8° & 9<^ Vict. POSSESSIONS. Cap. 93. 303 XXV. And be it enacted. That no Captain, Owner, No Part of the Supercargo, or other Person having Command of any Cargo of such Vessel in respect of which such Certificate as aforesaid has on'lkck*^ '^^ been obtained shall place, or permit or cause to be placed or to remain or be, upon or above the Deck of such Vessel, any Part of the Cargo thereof, until such Vessel has arrived at the Port of her Destination : Provided always, Proviso for Re- that if the Captain, or other Person having Command of ^oval of Cargo any such Vessel, consider that it is necessary, in conse- Leakage or quence of the springing a Leak, or of other Damage Damage. received or apprehended during the Voyage, to remove any Portion of the Cargo upon Deck, he may remove or cause to be removed upon the Deck of such Vessel so much of the Cargo, and may permit the same to remain there for such Time as he considers expedient : Provided Stores not taken also, that the Store Spars or other Articles necessary for ^° ^^ Cargo. the Vessel's Use shall not be taken to be Car2:o for the Purposes of this Act. XXVI. And be it enacted. That if any Captain or Penalty for other Person having the Command of any Vessel for which Default, such Certificate as aforesaid is hereby required sails or attempts to sail without having obtained such Certificate, or places or permits, or causes to be placed or to remain or be, upon or above the Deck of such Vessel, any Part of the Cargo thereof, except in the Cases in which the same is not hereby forbidden, he shall for every OflPence forfeit and pay any Sum not exceeding One hundred Pounds. XXVII. And whereas a Treaty has been concluded Certain Pro- between Her Majesty and the United States of America, ^^<^^ of t'l^ dated the Ninth Day of Au(/ust in the Year One thousand f^ '£ tfea^edTs eight hundred and forty-two, whereby it is stipulated that the Produce of all the Produce of the Forest in Logs, Lumber, Timber, New Bruns- Timber Boards, Staves, or Shingles, or of Agriculture not ^^"'^' being manufactured, grown on any of those Parts of the State of Maine watered by the River Saint John or by its Tributaries, of which Fact reasonable Evidence shall, if required, be produced, shall have free Access into and through the said River and its said Tributaries, having their Source within the State of Maine, to and from the Seaport at the Mouth of the River Sai7it Johi, and to and round the Falls of the said River, either by Boats, Rafts, or other Conveyance ; and that when within the Province of New Brunswick the said Produce shall be dealt with as 304 Cap. 93. POSSESSIONS. 8° & 9° Vict. if it wercf the Produce of the said Province : And whereas it is the Intention of the High Contracting Parties to the said Treaty that the uforesaid Produce should be dealt with as if it were the Produce of the Province of Neio Brunmoick ; be it therefore enacted, That the Produce in the said recited Treaty and herein-before described shall, so far as regards all Laws relating to Duties, Navigation, and Customs in force in the United Kingdom, or in any of Her Majesty's Dominions, be deemed and taken to be and be dealt with as the Produce of the Province of Neiv Brunswick: Provided nevertheless, that in all Cases in which Declarations and Certificates of Production or Origin and Certificates of Clearance would be required in respect of such Produce, if it were the Produce of New Brunsicick, similar Declarations and Certificates shall be required in respect of such Produce, and shall state the same to be the Produce of those Parts of the State of Maine which arc watered by the River Saint John or by its Tributaries. Newfoundland XXVIII. Provided always, and be it enacted, That Fishing Certi- ■whenever a Ship shall be cleared out from any Port in ciel7ancJdu-°^ Newfoundland, or in any other Part of Her Majesty's ring the Fishing Douiiuions, for the Fisheries on the Banks or Coasts of Season. Newfoundland or Labrador, or the Dependencies thereof, without having on board any Article of Traflfic, (except only such Provisions, Nets, Tackle, and other Things as are usually employed in and about the said Fishery, and for the Conduct and carrying on of the same,) the Master of any such Ship shall be entitled to demand from the Collector or other principal Officer of the Customs at such Port a Certificate under his Hand that such Ship hath been specially cleared out for the Newfoundland Fishery, and such Certificate shall be in force for the Fishing Season for the Year in which the same may be granted, and no longer ; and upon the first Arrival in any Port in the said Colony of Newfoundland, or its Dependencies, of any Ship having on board any such Certificate as afore- said, a Report thereof shall be made by the Master of such Ship to the principal Officer of Customs at such Port, and all Ships having such Certificate which has been so reported, and being actually engaged in the said Fishery, or in carrying Coastwise, to be landed or put on board any other Ships engaged in the said Fishery, any Fish, Oil, Salt, Provisions, or other Necessaries for the Use and 9 8° & 9° Vict. POSSESSIONS. Ca[). 93. 305 Purposes thereof, shall be exempt from all Obligation to make an Entry at or obtain any Clearance from any Custom House at Neurfoundland, upon Arrival or Depar- ture from any of the Ports or Harbours of the said Colony or its Dependencies, during the Continuance of the Fishing Season for which such Certifiwite may have been granted ; and previously to obtaining a Clearance at the End of such Season for any Voyage at any of such Ports the Master of such Ship shall deliver up the before-mentioned Certificate to the principal Officer of the Customs of such Port : Provided always, that in case any such Ship shall Ships trading have on board during the Time the same may be engaged '" forfeit their in the said Fishery any Goods or Merchandizes what- soever other than Fish, Seals, Oil made of Fish or Seals, Salt, Provisions, and other Things, being the Produce of or usually employed in the said Fishery, such Ship shall forfeit the said Fishing Certificate, and shall thenceforth become and be subject and liable to all such and the same Rules, Restrictions, and Regulations as Ships in general are subject or liable to. At the End of the Season the Certificate to be delivered up. Certificate. Regulations Inwards and Outwards. XXIX. And be it enacted. That no Goods shall be Entry of Goods laden or waterborne to be laden on board any Ship, or t<* ^^ ^''*^'^" '^^ unladen from any Ship, in any of the British Possessions in Atnerica or the Mauritius, or the Islands of Guernsey, Jersey, Alderney, or Sark, until due Entry shall have been made of such Goods, and Warrant granted for the lading or unlading of the same ; and that no Goods shall be so laden or waterborne, or so unladen, except at some Place at which an Officer of the Customs is appointed to attend the lading and unlading of Goods, or at some Place for which a Sufferance shall be granted by the Collector and Comptroller or other principal Officer for the lading and unlading of such Goods ; and that no Goods shall be so laden or unladen except in the Presence or Avith the Per- mission in Writing of the proper Officer : Provided Regulations always, that it shall be lawful for the Commissioners of Coastwise. Her Majesty's Customs to make and appoint such other Regulations for the carrying Coastwise of any Goods, or for the removing of any Goods for Shipment, as to them shall appear expedient ; and that all Goods laden, water- borne, or unladen contrary to the Regulations of this Act, or contrary to any Regulations so made and appointed, shall be foi*feited. Forfeiture, 306 Cap. 93. POSSESSIONS. 8° ^ 9° ViCT. Commissioners XXX. And bc it enactccl, That whenever it shall of Customs may appear to the Commissioners of Her Majesty's Customs between nci"h- expedient to establish a Coasting Trade for the Kemoval bouring Colo- of Goods generally, or for the Kemoval of any particular nies a Coasting Q-Qods between neighbouring Ports of different Colonies similarly circumstanced in respect of Duties in any of the British Possessions abroad, it sludl be lawful for the said Commissioners to issue Directions for that Purpose, and from and after the Publication thereof in the Gazette, or other public Paper printed in the said Colonies to which such Coasting Trade has been extended, the same shall come into and be in full Force and Effect ; and such Coasting Trade shall be subject to the like Rules, Regu- lations, Penalties, and Forfeitures as the said Commis- sioners are authorized to make for the can-ying Coastwise of any Goods under the Provisions of this Act. Particulars of XXXI. And be it enacted. That the Person entering fnwlrdf and*"^^ any Goods shall deliver to the Collector or Comptroller Outwards, Or Other proper Ofhcer a Bill of the Entry thereof, fairly written in Words at Length, containing the Name of the Exporter or Importer, and of the Ship and of the Master, and of the Place to or from Avhich bound, and of the Place within the Port where the Goods are to be laden or un- laden, and the Particulars of the Quality and Quantity of the Goods, and the Packages containing the same, and the Marks and Numbers on the Packages, and setting forth whether such Goods be the Produce of the British Pos- sessions in America or not (1), and shall also deliver at the same Time One or more Duplicates of such Bill, in which all Sums and Numbers may be expressed in Figures ; and the Particulars to be contained in such Bill of Entry shall be written and arranged in such Form and Manner, and the Number of such Duplicates shall be such, as the Collector or other principal Officer shall require, and such Person shall at the same Time pay down all Duties (2) due upon the Goods ; and the Collector and Comptroller or other proper Officer shall thereupon grant their Warrant for the lading or unlading of such Goods. (1) See Certificate of Clearance, §§ 22, 23. (2) Except in case of Warehousing. See § 49. 8° & 9° Vict. POSSESSIONS. Cap. 93. 307 XXXII. Provided always, and be it enacted. That If no Officer of ■where there is no Collector or Comptroller or Officer of Customs resi- Custoins at the Port or Place of Shipment of such Goods, ,^f shipment, then the principal Civil Officer in the Service of Her Certificate by INIajesty at such Place, or his sufficient Representative, "^^om to be shall be deemed and taken to be the proj)er Officer for the * Performance of all such Duties with respect to such Goods as arc hereby required to be performed by the Collector or other Officer or Officers of Customs. XXXIII. And be it enacted. That if the Importer of Entry Inwards any Goods shall make and subscribe a Declaration before i>y Bill of Sight, the Collector or Comptroller or other proper Officer that he cannot, for Want of full Information, make perfect Entry thereof, it shall be lawful for the Collector and Comptroller or other proper Officer to receive an Entry by Bill of Sight for the Packages or Parcels of such Goods by the best Description which can be given, and to grant a Warrant thereupon, in order that the same may be landed and secured to the Satisfaction of the Officer of the Customs, and at the Expence of the Importer, and may be seen and examined by such Importer in the Presence of the proper Officers ; and within Three Days Within Three after the Goods shall have been so landed the Importer ^-^y^ after shall make a perfect Entry thereof, and pay down all coods^perfect Duties due thereon ( 1 ), and in default of such Entry such Entry to be Goods shall be taken to the Queen's Warehouse (2) ; and made and Du- if the Importer shall not, within One Month after such ^'^^ P*' * landing, make perfect Entry of such Goods, and pay the Duties due thereon, together with Charges of llemoval and Warehouse Rent, such Goods shall be sold for the Payment thereof, and the Overplus (if any) shall be paid to the Proprietor of the Goods. XXXIV. And be it enacted. That in all Cases where Goods subject the Duties imposed by this Act upon the Importation of ^^ ^^ valorem Articles into Her Majesty's Possessions in America or the " ^' Mauritius are charged not according to the Weight, Tale, Gauo-e, or Measure, but accordins; to the Value thereof, yal"e to be fippinrpil on such Value shall be ascertained by the Declaration of the E^try, (1) Except in case of Wareliousing. See § 49. (2) The Queen's Warehouse is any Place provided by the Crown for securing Goods, &c.. See Cap. 8G. § 127. X 2 308 Cap. 93. POSSESSIONS. 8" & 9^ Vict. Importer of such Articles, or his known Agent, in manner mid form foHowing; (that is to say,) J A.B. do hereby declare, That the Articles mentioned in the Entry, and contained in the Packages \_he7-e specif i/ing the several Packages, and describhuj the several ' Marks and Numbers, as the Case may he~\, are of the • ' Value of ' Witness my Hand the Day of ' A.B. ' The above Declaration signed the Day * of in the Presence of CD., Col- ' lector [or other j)ri7icipal Officer^.'' Which Declaration shall be written on the Bill of Entry of such Articles, and shall be subscribed with the Hand of the Importer thereof, or his known Agent, in the Pre- sence of the Collector or other principal Officer of the Mode of Pro- Customs at the Port of Importation ; provided that if ceeding if tiie upon Vicw and Examination of such Articles by the valued. proper Officer of the Customs it shall appear to him that the said Articles are not valued according to the true Price or Value thereof, and according to the true Intent and Meaning of this Act, then and in such Case the Importer or his known Agent shall be required to declare on Oath before the Collector or Comptroller what is the Invoice Price of such Articles, and that he verily believes such Invoice Price is the current Value of the Articles at the Proof of Invoice Placc froui wlicncc thc Said Articles were imported ; and such Price. Invoice Price, with the Addition of Ten Pounds per Centum thereon, shall be deemed to be the Value of the Articles, in lieu of the Value so declared by the Importer or his known Agent, and upon which the Duties imposed by this If necessary, Act shall bc charged and paid: Provided also, that if it Two Persons ghj^H appear to the Collector and Comptroller or other nated to fix the Proper Officer that such Articles have been invoiced below Price. the real and true Value thereof at the Place from whence the same were imported, or if the Invoice Price is not known, the Articles shall in such Case be examined by Two competent Persons, to be nominated and appointed by the Governor or Commander-in-Chief of the Colony, Plantation, or Island into which the said Articles are imported ; and such Persons shall declare on Oath before the Collector or Comptroller or other proper Officer what /.s the true and real Value of sucli Articles in such Colony, 7 8° & 9° Vict. POSSESSIONS. Cap. 93. 309 Plantation, or Island ; and the Value so declared on the Oaths of such Persons shall be deemed to be the true and real Value of such Articles, and upon which the Duties imposed by this Act shall be charged and paid. XXXV. And be it enacted, That if the Importer of If importer such Articles shall refuse to pay the Duties hereby ira- ^^ T^il^F^lu • 1 11 1 11 i> ^ f 1 /"I 11 *"'''' ^"ty, the posed thereon, it shall and may be lawiul tor the Collector Goods may be or other Chief Officer of the Customs where such Articles sold. shall be imported, and he is hereby required, to take and secure the same, with the Casks or other Package thereof, and to cause the same to be publicly sold Avithin the Space of Twenty Days at the most after such Refusal made, and at such Time and Place as such Officer shall, by Four or more Days public Notice, appoint for that Purpose, which Articles shall be sold to the best Bidder ; and the Money arising from the Sale thereof shall be applied in the first place in Payment of the said Duties, together with the Charges that shall have been occasioned by the said Sale, and the Overplus, if any, shall be paid to such Importer or Proprietor, or any other Per- son authorized to receive the same. XXXVI. And be it enacted. That every Importer of If Goods be not any Goods shall, within Twenty Days after the Arrival Twenfy'Lys, of the importing Ship, make due Entry Inwards of such the Officer may Goods, and land the same ; and in default of such Entry land and secure and Landing it shall be lawful for the Officers of the *^^™' Customs to convey such Goods to the Queen's Warehouse ; and if the Duties due upon such Goods be not paid within If Duties be not Three Months after such Twenty Days shall have expired, F.^"^ wuhm together with all Charges of Removal and Warehouse Goods to be Rent, the same shall be sold, and the Produce thereof sold. shall be applied first to the Payment of Freight and Charges, next of Duties, and the Overplus, if any, shall be paid to the Proprietor of the Goods, or any other Per- son authorized to receive the same. XXXVII. And be it enacted. That every Act, Matter, in PlaccB where or Thing required by any Law at any Time in force to be *^*^''*^ '® "** done or performed by, to, or with the Collector and Corap- cSm^Acts^ troller of Customs in any of Her Majesty's Possessions done by CoUec- abroad shall and may be done or performed at such Ports or *'"" °^ principal Places where there is no Comptroller of Customs by, to, or ^e^S!'""^ *° with the Collector or other principal Officer of Customs; and X 3 310 Cap. 93. POSSESSIONS. 8« & 9° Vict. every such Act, Matter, or Thing so done or performed by, to, or with such Collector or other principal Officer of Customs shall be as valid and effectual in Law as if the same had been done and performed by, to, or with any Collector and Comptroller of Customs under any Law now in force or hereafter to be made. Goods imported from United Kingdom or from British Possessions must appear in Cockut, &c. XXXVIII. And be it enacted. That no Goods shall be imported into any British Possession as being imported from the United Kingdom, or from any other Britisli Pos- session (if any Advantage attach to such Distinction), unless such Goods appear upon the Cockets (1) or other proper Documents for the same to have been duly cleared Outwards at the Port of Exportation in the United King- dom, or in such other British Possession, nor unless the Grovind upon wliich such Advantage be claimed be stated in such Cocket or Document. Goods when to be deemed of the Growth of United King- dom, &c. Entry not to be valid if Goods be not properly described in it. XXXIX. And be it enacted. That no Goods shall, upon Importation into any of the British Possessions in America or the Mauritius, be deemed to be of the Growth, Production, or Manufacture of the United Kingdom, or of any British Possession in America or the Mauritius respectively, unless imported from the United Kingdom, or from some British Possession in America or the Mauri- tius respectively. XL. And be it enacted, That no Entry nor any Warrant for the landing of any Goods, or for the taking of any Goods out of any AVarehouse, shall be deemed valid, unless the Particulars of the Goods and Packages in such Entry shall correspond with the Particulars of the Goods and Packages purporting to be the same in the Report of the Ship, or in the Certificate or other Document, where any is required, by which the Importation or Entry of such Goods is authorized, nor unless the Goods shall have been properly described in such Entry by the Denominations and with the Characters and Circumstances according to which such Goods are charged with Duty or may be im- ported ; and any Goods taken or delivered out of any Ship or out of any Warehouse by virtue of any Entry or Warrant not corresponding or agreeing in all such (1) See Cap. 86. § 70. 8" & 9° Vict. POSSESSIONS. Cap. 93. 311 respects, or not properly describing the same, shall be deemed to be Goods landed or taken without due Entry thereof, and shall be forfeited. XLI. And be it enacted, That before any Sugar, Certificate of Coffee, Cocoa, or Spirits shall be shipped for Exportation Production for r>-^-7T) • • A • -xi Ti 1 c Sugar, CofTee, in any British l^ossession in America, or in the Island ot Cocoa, or Mauritius, as being the Produce of such Possession or of Spirits. the said Island, the Proprietor of the Estate on which such Goods -were produced, or his known Agent, shall make and sign a Declaration in Writing before the Collector, Declaration of Comptroller, or other Officer of Customs at the Port of t'^^ Grower. Exportation, or before One of Her Majesty's Justices of the Peace residing in or near tlie Place where such Estate is situated, declaring that such Goods are the Produce of such Estate ; and such Declaration shall set forth the Name of the Estate, and the Description and Quantity of the Goods, and the Packages containing the same, with the Marks and Numbers thereon, and the Name of the Person to whose Charge at the Place of Shipment they are to be sent ; and if any Justice of the Peace or other Officer aforesaid shall subscribe his Name to any Writing purporting to be such a Declaration, unless the Person pui'porting to make the same shall actually appear before him, and shall declare to the Truth of the same, such Justice of the Peace or Officer aforesaid shall forfeit and jiay for any such Offi^nce the Sum of Fifty Pounds ; and Declaration of the Person entering and sliipping such Goods shall deliver Exporter, such Declaration to the Collector or Comptroller or other proper Officer, and shall make and subscribe a Declaration before him that the Goods which are to be shipped by virtue of such Entry are the same as are mentioned in such first-mentioned Declaration ; and the Master of the Declaration of Ship in which such Goods shall be laden shall, before the Master. Clearance, make and subscribe a Declaration before the Collector or Comptroller or other proper Officer that the Goods shipped by virtue of such Entry are the same as are mentioned and intended in such first-mentioned Declaration, to the best of his Knowledge and Belief ; and thereupon the Collector and Comptroller or other proper Officer shall sign and give to the Master a Certificate of Production (1), stating that Proof has been made in (1) As to Delivery of this Certificate in the United Kingdom, sec Cap. 86. § 38. X 4 312 Cap. 93. POSSESSIONS. 8° & 9° Vict. manner required by Law that such Goods (describing the same) are the Produce of such British l^ossession, or of the said Island, and setting forth in such Certificate the Name of the Ex2)orter and of the exporting Ship, and of the Master thereof, and the Destination of the Goods ; and if any Sugar, Coffee, Cocoa, or Spirits be imported into any British Possession in America, as being the Produce of some other such Possession or of the said Island, without such Certificate of Production, the same shall be forfeited. Certificate of Production on Re-exportation from another Colony. Goods brought over Land or by Inland Na- \iaration. What Vessels shall be deemed British on the I^akes in Ame- rica. XLII. And be it enacted, That before any Sugar, Coffee, Cocoa, or Spirits shall be shipped for Exportation in any British Possession in America as being the Produce of some other siich Possession, the Person exporting the same shall in the Entry Outwards state the Place of Production, and refer to the Entry Inwards and landing of such Goods, and shall make and subscribe a Declaration before the Collector or Comptroller to the Identity of the same ; and thereupon, if such Goods shall have been duly imported with a Certificate of Production within Twelve Months prior to the shipping for Exportation, the Collector and Comptroller shall sign and give to the Master a Cer- tificate of Production founded upon and referring to the Certificate of Production under which such Goods had been so imported, and containing the like Particulars, together with the Date of such Importation. XLIII. And whereas it is expedient to make Regula- tion respecting the Inland Trade of the British Possessions in America ; be it therefore enacted, That it shall be lawful to bring or import by Land or by Inland Navigation into any of the British Possessions in America from any adjoining Foreign Country any Goods which might be lawfully imported by Sea into such Possession from such Country, and so to bring or import such Goods in the Vessels, Boats, or Carriages of such Country, as well as in British Vessels, Boats, or Carriages. XLIV. And be it enacted. That no Vessel or Boat shall be admitted to be a British Vessel or Boat on any of the Inland Waters or Lakes in America, except such as shall have been built at some Place within the British Do- minions, and shall lie wholly owned by British Subjects, and shall not have been repaired at any Foreign Place to S^&O'^ViCT. POSSESSIONS. Cap. 93. 313 a greater Extent than in the Proportion of Ten Shillings for every Ton of such Vessel or Boat at any One Time : Provided always, that nothing herein-ljcfore contained shall extend to prevent the Employment of any Vessel or Boat as a British Vessel or Boat on such Inland Waters or Lakes which shall have wholly belonged to British Subjects before the Fifth Day of Jid^ One thou- sand eight hundred and twenty-five, and whicli shall not have been since that Day repaired as aforesaid in any Foreign Place. XLV. Provided always, and be it enacted. That it Goods must be shall not be lawful so to brino; or import any Goods brougiit to a except into some Port or Place of Entry at which a there is a Cus- Custom House now is or hereafter may be lawfully estab- tom House. lished : Provided also, that it shall be lawful for the Governor may Governor, Lieutenant Governor, or Person administering appoint Custom the Govei^nment of any of the said Possessions respec- tively, by and with the Advice and Consent of the Exe- cutive Council thereof for the Time being, if any Executive Council be there established, from Time to Time to diminish or increase, by Proclamation, the Number of Ports or Places of Entry which are or here- after may be appointed in such Province for the Entry of Goods brought or imported as aforesaid. XL VI. And be it enacted. That the Duties imposed Duties to be by this Act shall be ascertained, levied, and recovered for collected m and upon all Goods so brought or imported in the same o„ Goods im- Manner, and by the same Means, and under the same ported by Sea. Rules, llegulations. Restrictions, Penalties, and For- feitures, as the Duties on the like Goods imported by Sea may and can be ascertained, levied, or recovered, as far as the same are applicable ; and if any Goods shall be brought or imported contrary hereto, or if any Goods so brought or imported shall be removed from the Station or Place appointed for the Examination of such Goods by the Officers of the Customs before such Examination shall have been made, and before all Duties payable thereon shall have been paid or satisfied, such Goods shall be forfeited, together with the Vessel, Boat, or Carriage, and the Horses or other Cattle, in or by which such Goods shall have been so imported or brought or so removed. 314 Duties In Ca- nada on Ame- rican Boats to be the same as in America on British Boats. Ports herein mentioned to be free warehous- ing Ports. Cap. 93. POSSESSIONS. 8° & 9° Vict. XL VII. And be It enacted. That the same Tonnage Duties shall be paid upon all Vessels or Boats of the United States of America Importing^ any Goods Into either of the Provinces of Upper or Lovtr Canada as are or may be for the Time being payable in the United States of America on British Vessels or Boats entering the Harbours of the State from whence such Goods shall have been imported. XL VIII. And whereas it Is expedient to constitute and appoint some of the Free Ports (1) and other Ports in America to be free warehousing Ports, or to be ware- housing Ports for all or any of the Goods which may be legally imported into the said Ports respectively, and it is also expedient to empower Her Majesty (2) to constitute and appoint from Time to Time any other Ports in any of the said British Possessions In America to be in like Manner warehousing Ports for such Goods as may be legally imported into such Ports respectively; and it is therefore necessary to make Regulations for the appointing of proper Warehouses at such Ports, and for the lodging and securing of Goods therein ; be it therefore enacted. That the several Ports herein-after mentioned, (that is to say,) Kingstown -1 Montego Bay - \ Jamaica, Falmouth -J Bridgetoicn - - Barbadoes, *S'^. John's - Antigua, Plymouth Montserrat, Basseterre - St. Kitts, Charlestown - Nevis, Road Harbour Tortola, Castries St. Lucia, Roseau - Domi7iica, Kingstown St. Vince?it, St. George's Grenada, Port of Spain Trinidad, Scarborough Tobago, George Town - Demerara -"I British • I Guiana, New Amsterdam Berbice - Nassau - New Providence^ „ , Grand Key - Turk's Island • > j^aaamas. (1) See § 2. (2) Sec ;§ 60. 8° & 9° Vict. POSSESSIONS. Cap. 93. 315 Hamilton St. George's Halifax Pictou Liverpool - Yarmouth Dighy Sydney (^Cape Bretoii) Arichat St. Jolui's - St. Andreivs JVelchjJool Quebec St. John^s Harbour Grace Charlotte Town Bermudas^ 1- Nova Scotia, \ New Brunswick, Campo Bella, Canada, V Newfoundland, Prince Edicard's Island, shall be Free Warehousing Ports for all the Purposes of this Act ; and that Kingston, Toronto, Hamilton, - - \in Canada, and Montreal, shall be Warehousing Ports for the warehousing of Goods brought by Land or Inland Navigation, or imported in British Ships; and that it shall be lawful for the several Collectors and Comptrollers of the said Ports respectively, by Notice in AVriting under their Hands, to appoint from Tune to Time such Warehouses at such Ports respectively as shall be approved of by them for the free warehousing and securing of Goods therein for the Purposes of this Act, and also in such Notice to declare what Sorts of Goods may be so warehoused, and also by like Notice to revoke or alter any such Appointment or Declaration: Provided always, that every such Notice shall be transmitted to the Governor of the Place, and shall be published in such Manner as he shall direct. XLIX. And be it enacted. That it shall be lawfid for Goods may be the Importer of any such Goods into the said Ports to warehoused warehouse the same in the Warehouses so appointed ment*ofDtuy. without Payment of any Duty on the first Entry (1) (1) Sec §§29. 31. 316 Cup. 93. POSSESSIONS. 8" & 9° Vict. thereof, subject nevertheless to the Kules, Regulations, liestrictions, and Conditions herein- after contained. Regulation as to warcliousing of Goods on Arrival in Canada, L. And be it enacted, That upon the Arrival of any Goods at any frontier Port in the Canadas, such Goods may be entered with the proper Officer of the Customs at such Port, to be warehoused at some warehousing Port in the Canadas, and may be delivered by such Officer to be passed on to such warehousing Port, under Bond, to the Satisfaction of such Officer, for the due Arrival and ware- housino; of such Goods at such Port. Stowage of Goods in Warehouse. Locking and opening Ware house. LI. And be it enacted. That all Goods so warehoused shall be stowed in such Parts or Divisions of the Ware- house and in such Manner as the Collector and Comptroller shall direct, and that the Warehouse shall be locked and secured in such Manner, and shall be opened and visited only at such Times, and in the Presence of such Officers, and under such Rules and Regulations, as the Collector Carrying Goods and Comptroller shall direct ; and that all such Goods Wareho'^'s"^ shall, after being landed upon Importation, be carried to the Warehouse, or shall, after being taken out of the Warehouse for Exportation, or for Stores, be carried to be shipped under such Rules and Regulations as the Collector and Comptroller shall direct. Bond upon En- LII. And be it enacted. That upon the Entry of any try of Goods to Qoods to be warcliouscd, the Importer of such Goods, instead of paying down the Duties due thereon, shall give Bond with Two sufficient Sureties, to be approved of by the Collector or Comptroller, in Treble the Duties payable on such Goods, with Condition for the safe depositing of such Goods in the Warehouse mentioned in such Entry, and for the Payment of all Duties due upon such Goods, or for the Exportation thereof or Shipment thereof as Stores, according to the first Account taken of such Goods upon the landing of the same ; and with fiu'ther Condition, that no Part thereof shall be taken out of such Warehouse until cleared from thence upon due Entiy and Payment of Duty, or upon due Entry for Exportation or for Ship- ment as Stores ; and with further Condition, that the whole of such Goods shall be so cleared from such Ware- house, and the Duties, u])on any Deficiency of the Quantity according to such first Account, shall be paid within Two 8" & 9° Vict. POSSESSIONS. C V ^•'^- 317 Years from the Date of the first Entry thereof ; and if Purchaser of after such Bond shall have been given the Goods or any Gootls may give Part thereof shall be sold or disposed of, so that the or?"hia" Bond. original Bonder shall be no longer interested in or have any Control over the same, it shall be lawful for the Collector and Comptroller to admit fresh Secui-ity to be given by the Bond of the new Proprietor or other Person having Control over such Goods, with liis sufficient Sureties, and to cancel the Bond given by the original Bonder of such Goods, or to exonerate him to the Extent of the fresh Security so given. LIII. And be it enacted. That if any Goods which Goods r.ot duly have been entered to be warehoused shall not be duly warehoused, &c. carried into and deposited in the Warehouse, or shall afterwards be taken out of the Warehouse Avithout due Entry and Clearance, or having been entered and cleared for Exportation, or for Shipment as Stores, from the Warehouse, shall not be duly carried and shipped, or shall afterwards be re-landed, except Avith the Permission of the jiroper Officer of the Customs, such Goods shall be forfeited. LIV. And be it enacted, That upon the Entry and Account of landing of any Goods to be warehoused the proper Officer Goods to be of the Customs shall take a particular Account of the j^„^" °" "" same, and shall mark the Contents on each Package, and shall enter the same in a Book to be kept for that Pur- pose ; and no Goods which have been so warehoused shall No Goods to be be taken or delivered from the Warehouse, except upon tal^«» °^^ ^'i''- due Entry and under the Care of the proper Officers for °"* Entry. Exportation, or for Stores, or upon due Entry and Pay- ment of Duty for Home Use ; and whenever the whole of the Goods warehoused under any Entry shall be cleared from the Warehouse, or whenever further Time(l) shall be granted for any such Goods to remain warehoused, an Account shall be made out of the Quantity ujion which Deficiencies to the Duties have been paid, and of the Quantity exported, i^e ascertained. and of the Quantity (to be then ascertained) of the Goods still reximining in the Warehouse, as the Case may be, deducting from the Avhole the Quantity contained in any whole Packages (if any) which may have been abandoned for Duties ; and if upon such Account there shall in either Duties to be Case appear to be any Deficiency of the original Quan- P^!'^ "P**" ^^- (1) Sec § ryS. 318 Samples may be taken. Goods may he sorted and re- packed. Duty due on first Quantity. Whole Pack- ages may be abandoned for Duty. Goods ware- housed may be delivered for Removal with- out Payment of Duty. Cap. 93. POSSESSIONS. 8« & 9'^ Vict. tity, the Duty payable upon the Amount of such Deficiency shall then be paid. LV. And be it enacted. That it shall be lawful for the Collector and Comptroller, under such llegulations as they shall sec fit, to permit moderate Samples to be taken of any Goods so warehoused, without Entry, and without Payment of Duty, except as the same shall eventually become payable, as on a Deficiency of the original Quantity. LVI. And be it enacted. That it shall be lawful for the Collector and Comptroller, under such Regulations as they shall see fit, to permit the Proprietor or other Person having Control over the Goods so warehoused to sort, separate, and pack and re-pack any such Goods, and to make such lawful Alterations therein, or Arrangements and Assortments thereof, as may be necessary for the Preservation of such Goods, or in order to the Sale, Shipment, or legal Disposal of the same, and also to permit any Parts of such Goods so separated to be destroyed, but without Prejudice to the Claim for Duty upon the whole original Quantity of such Goods : Pro- vided always, that it shall be lawful for any Person to abandon any whole Packages to the Oflficers of the Customs for the Duties, without being liable to any Duty upon the same. LVII. And be it enacted. That Goods warehoused at any warehousing Port in any of the British Possessions in America, being first duly entered, may be delivered, under the Authority of the proper Officer of Customs, without Payment of Duty, except any Deficiency thereof, for the Purpose of Removal to another warehousing Port in the same Possession, under Bond, to the Satisfaction of such Ofiicer, for the due Arrival and re-warehousing such Goods at such other Port. All Goods to be cleared within Two Years, or sold. LVIII. And be it enacted. That all Goods which have been so warehoused or re-warehoused shall be duly cleared, either for Exportation or for Home Consumption, within Two Years from the Day of first Entry for the ware- housing thereof; and if any such Goods be not so cleared it shall be lawful for the Collector and Comptroller to cause the same to be sold, and the Produce shall be 8^ & 9° Vict. POSSESSIONS. Cap. 93. applied first to the Payment of the Duties, next of Ware- house Rent and other Charges, and the Overplus (if any) shall be paid to the Proprietor : Provided always, that it shall be lawful for the Collector and Comptroller to grant further Time (1) for any such Goods to remain warehoused, if they shall see fit so to do : Provided also, that Foreign salted Beef or Pork so warehoused or re-warehoused may be delivered into the Charge of a Searcher or other proper Officer of Customs to be shipped as Stores ; and such Beef and Pork shall and may be so shipped without Entry or Payment of any Duty for every Ship of the Burden of Sixty Tons at least bound upon a Voyage to Foreign Parts, the probable Duration of which, out and home, will not be less than Forty Days, and such Foreign Beef or Pork so shipped shall be deemed to be exported: Pro- vided also, that such Foreign Beef and Pork shall be duly borne upon the Ship's Clearance, and shall be shipped in such Quantities, and subject to such Directions and Kegu- lations as the Collector or other Chief Officer of Customs at the Port of Shipment shall appoint : Provided also, that the surplus Stores of such Foreign Beef or Pork may be delivered into the Charge of the Searcher or other proper Officer of Customs to be re-shipped as Stores, under such Directions and Regulations as the Collector or other Chief Officer of Customs shall appoint ; and any such Beef or Pork shipped as Stores contrary to such Directions and Peculations shall be forfeited. 319 Further Time may be granted. Foreign salted Beef or Pork may be shipped as Stores. Surplus of such Stores may be delivered into Charge of Searcher to be re-shipped. LIX. And be it enacted. That upon the Entry Out- Bond on Entry wards of any Goods to be exported from the Warehouse, for Exportation, the Person entering the same shall give Security by Bond in Treble the Duties of Importation on the Quantity of such Goods, or if such Goods are prohibited to be imported for Home Use, in Double the Value of such Goods, with Two sufficient Sureties, to be approved by the Collector or Comptroller, that the same shall be landed at the Place for which they be entered Outwards, or be otherwise accounted for to the Satisfaction of the Collector and Comptroller. LX. And be it enacted. That it shall be lawful for Her Po^er to ap. Majesty, by Order in Council, from Time to Time to po'"ts°^ ^^ (1) For Regulations when Time is granted, see § 54. 320 Cap. 93. POSSKSSIONS. 8"^ & 9" Vict. appoint any Port in ller Majesty 'h Possessions in Amerini to be a free wareliou.-. 8° & 9° Vict. POSSESSIONS. Cap. 93. .32.3 way hinder, oppose, molest, or obstruct (1) any Officer of Obstructing the Customs or Navy, or any Person so employed as afore- t)friccis, Pc- said, in the Exercise of his Office, or any Person acting in "^'^^' ~°°^* his Aid or Assistance, shall for every such Offence foi-f'eit the Sum of Two hundred Pounds. LXVIII. And be it enacted. That if any Officer of Officer making Customs, or any Person duly employed for the Prevention collusive Sei- of Smuggling, shall make any collusive Seizure, or de- j^^'jf ' ""^ taking liver up, or make any Agreement to deliver up, or not Person's giving to seize, any Vessel, Boat, or Goods liable to Forfeiture l^ribes, subjett- imder this or any Act relating to the Customs, or to ""^ *" I'enaities. Trade or Navigation, or shall take any Bribe, Gratuity, Recompence, or Keward for the Neglect or Nonperform- ance of his Duty, every such Officer or other Person shall forfeit for every such Offence the Sum of Five hundred Pounds, and be rendered incapable of serving Her Majesty in any Office whatever ; and every Person who shall give or offer, or promise to give or pi'ocure to be given, any Bribe, Recompence, or Reward to, or shall make any col- lusive Agreement with, any such Officer or Person as aforesaid in any of Her Majesty's Possessions abroad, to induce him in any way to neglect his Duty, or to do, con- ceal, or connive at any thing whereby the Provisions of any such Act may be evaded, shall forfeit the Sum of Two hundred Pounds. LXIX. And be it enacted, That all Vessels, Boats, Seized Goods, Goods, and other Things which shall have been or shall if unclaimed for hereafter be seized as forfeited in or near any of the condernii'ed°and British Possessions abroad, under this or any Act relating dealt with ac- to the Customs, or to Trade or Navigation, shall be deemed cordingly. and taken to be condemned, and may be dealt with in the Manner directed by Law in respect to Vessels, Boats, Goods, and other Things seized and condemned for Breach of any such Act, unless the Person from whom such Ves- sels, Boats, Goods, and other Things shall have been seized, or the Owner of them, or some Person authorized by him, shall, within One Calendar Month from the Day of seizing the same, give Notice in Writing to the Person or Persons seizing the same, or to the Collector, Comp- troller, or other Chief Officer of Customs at the nearest (1) See § 71. as to Cases of Obstruction by Force or Violence. Y 2 324 Cap. 93. POSSESSIONS. 8°&9Vict. Port, that ho claims tlie Vossel, Boat, Goods, or other Things, or intends to claim them. Writ of Assist- ance to search for and seize Goods liable to Forfeiture. LXX. And be it enacted. That, under the Authority of a Writ of Assistance granted by the Superior or Suju'cmc Court of Justice or Court of Vice Admiralty having Jurisdiction in the Place (who are hereby autho- rized and required to grant such Writ of Assistance, npon Application made to them for that Pui'pose by the prin- cipal Officers of Her Majesty's Customs), it shall be lawful for any Officer of the Customs, taking with him a Peace Officer, to enter any Building or other Place in the Day- time, and to search for and seize and secure any Goods liable to Forfeiture nnder this or any Act relating to the Customs, or to Trade or Navigation, and, in case of Neces- sity, to break open any Doors and any Chests or other Packages for that Purpose ; and such AVrit of Assistance, when issued, shall be deemed to be in force during the whole of the Reign in which the same shall have been granted, and for Twelve Months from the Conclusion of such Relirn. Obstructing Officers by Force. LXXI. And be it enacted. That If any Person shall, by Force or Violence, assault, resist, oppose, molest, hinder, or obstruct any Officer of the Customs or Navy, or other Person employed as aforesaid, in the Exercise of his Office, or any Person acting in his Aid or Assistance, such Person being thereof convicted shall be adjudged a Felon, and shall be proceeded against as such, and punished at the Discretion of the Court before whom such Person shall be tried. Goods seized to be secured at the next Custom House, and sold by Auction. LXXIL And be it enacted. That all Things which shall be seized as being liable to Forfeiture under this or any Act relating to the Customs, or to Trade or Naviga- tion, shall be taken forthwith and delivered into the Cus- tody of the Collector and Comptroller of the Customs at the Custom House next to the Place where the same were seized, who shall secure the same by such Means and in such Manner as shall be provided and directed by the Commissioners of Her Majesty's Customs, and after Con- demnation thereof the Collector and Comptroller shall cause the same to be sold by pulilic Auction to the best 8° & 9" Vict. POSSESSIONS. Cap. 93. 325 Bidder : Provided always, that it shall be lawful for the said Commissioners to direct in what Manner the Produce of such Sale shall be applied, or, in lieu of such Sale, to direct that any of such Things shall be destroyed or shall be reserved for the public Service. LXXIII. And be it enacted. That all Penalties and Jurisdiction for Forfeitures which may have been heretofore or may be ^'''.osecution ot hereafter incurred under this or any Act relating to the i>enalties. Customs, or to Trade or Navigation, shall and may be prosecuted, sued for, and recovered in any Court of Record or of Vice Admiralty having Jurisdiction in the Colony or Plantation where the Cause of Prosecution arises, and in Cases where there shall happen to be no such Court, then in any Court of Record or of Vice Admiralty having Jurisdiction in some British Colony or Plantation near to that where the Cause of Prosecution arises ; provided that in Cases where a Seizure is made in any other Colony than that where the Forfeiture accrues, such Seizure may be prosecuted in any Court of Record or of Vice Ad- miralty having Jurisdiction cither in the Colony or Plan- tation where the Forfeiture accrues, or in the Colony or Plantation where the Seizure is made, at the Election of the Seizor or Prosecutor ; and in Cases where there shall happen to be no such Courts in either of the last-mentioned Colonies or Plantations, then in the Court of Record or of Vice Admiralty having Jurisdiction in some British Colony or Plantation near to that where the Forfeiture accrues, or to that Avhere the Seizure is made, at the Election of the Seizor or Prosecutor. LXXIV. And be it enacted^ That if any Goods or Bail may be any Ship or Vessel shall be seized as forfeited under this given for Goods or any Act relating to the Customs, or to Trade or Navi- °^ "^* *^'^ gation, and detained in any of the British Possessions in America, it shall be lawful for the Judge or Judges of any Court having Jurisdiction to try and determine such Seizures, with the Consent of the Collector and Comp- troller of the Customs, to order the Delivery thereof on Security by Bond, with Two sufficient Sureties, to be first approved by such Collector and Comptroller, to answer Double the Value of the same in case of Con- demnation ; and such Bond shall be taken to the Use of Her Majestv in the Name of the Collector or Officer of Y 3 32G Cap. 93. POSSESSIONS. 8° & 9° Vict. the Customs in Avhoso Custody the Goods or the Ship or Vessel may be hedged, and sucli Bond shall 1)C delivered and kept in the Custody of such Collector or Officer ; and in case the Goods or the Ship or Vessel shall be con- demned, the Value thereof shall be paid into the Hands of such Collector or Officer, who shall thereupon, with the Consent or Privity of his ComptKpUer, cancel such Bond. Suits to be com. LXXV. And bc it enacted, That no Suit shall be mencciliiiName commenced for the Recovery of any Penalty or Forfei- Customror" ^^^^ undcr this or any Act relating to the Customs, or to Navy. Trade or Navigation, except in the Name of some Supe- rior Officer of the Customs or Navy, or other Person employed as herein-before mentioned, or of Her Majesty's Advocate or Attorney General for tlie Place where such Suit shall be commenced ; and if a Question shall arise, whether any Person is an OfHccr of the Customs or Navy, or such other Person as aforesaid, viva voce Evidence may be given of such Fact, and shall be deemed legal and sufficient Evidence. Onus proband! to lie ou the Party. LXXVI. And be it enacted. That if any Goods shall be seized for Nonpayment of Duties, or any other Cause of Forfeiture, and any Dispute shall arise whether the Duties have been paid for the same, or the same have been lawfully imported, or lawfully laden or exported, the Proof thereof shall lie on the Owner or Claimer of such Goods and not on the Officer who shall seize or stop the same. Claim to Things seized to be en- tered in the Name of the Owner. LXXVII. And be it enacted, That no Claim to any thing seized under this or any Act relating to the Cus- toms, or to Trade or Navigation, and returned into any of Her Majesty's Courts for Adjudication, shall be admitted, unless such Claim be entered in the Name of the Owner, with his Residence and Occupation, nor unless Oath to the Property in such Thing be made by the Owner, or by his Attorney or Agent by whom such Claim shall be entered, to the best of his Knowledge and Belief; and every Per- son making a false Oath thereto shall be deemed guilty of a Misdemeanor, and shall be liable to the Pains and Penal- ties to which Persons are liable for a Misdemeanor. 8^' & 9^ Vict. POSSESSIONS. Cap. 93. 327 LXXVIII. And be it enacted. That no Person shall No Purson ad- be admitted to enter a Claim to any thing seized in pur- mitted to enter suance of this or any Act relating to the Customs, or to tS"^^^^^ Trade or Navigation, and pi'osecuted in any of the British unless Security Possessions in America, until sufiicient Security shall have <'"'^t given. been given in the Court where sucli Seizure is prosecuted, in a Penalty not exceeding Sixty Pounds, to answer and pay the Costs occasioned by such Claim; and in default of giving such Security such Things shall be adjudged to be forfeited, and shall be condemned. LXXIX. And be it enacted. That no Writ shall be sued A Month's out against, nor a Copy of any Process served upon, any ^y^^^to'offi- Officer of the Customs or Navy, or other Person as aforesaid, cers. for any thing done in the Exercise of his Office, until One Calendar Month after Notice in Writing shall have been delivered to him, or left at his usual Place of Abode, by the Attorney or Agent of the Party who intends to sue out such Writ or Process, in which Notice shall be clearly and explicitly contained the Cause of the Action, the Name and Place of Abode of the Person who is to bring such Action, and the Name and Place of Abode of the Attorney or Agent ; and no Evidence of the Cause of such Action shall be produced, except of such as shall be contained in such Notice ; and no Verdict shall be given for the Plaintiff unless he shall prove on the Trial that such Notice was given ; and in default of such Proof the Defendant shall receive in such Action a Verdict and Costs. LXXX. And be it enacted, That every such Action Actions to be shall be brought within Three Calendar Months after the brougiit withii Cause thereof, and shall be laid and tried in the Place or 'I^IZ Se'' District where the Facts were committed ; and the Defen- of them, dant may plead the General Issue and give the special JSIattcr in Evidence ; and if the Plaintiff shall become nonsuited, or shall discontinue the Action, or if upon a Verdict or Demurrer Judgment shall be given against the Plaintiff, the Defendant shall receive Treble Costs, and have such Remedy for the same as any Defendant can have in other Cases where Costs are given by Law. LXXXI. And be it enacted. That in case any Infor- judge may mation or Suit shall be brought to Trial ou account of any certify probable Y 4 328 Cause tit' Sci- y«ro. Cap. 93. POSSESSIONS. 8" & 9° VlCT. Seizure m;iclc luuler tliis or any Act relating to the Cus- toms, or to Trade or Navigation, and a Verdict shall be found for the Claimant thereof, and the Judge or Court before whom tlic Cause shall have ])een tried shall certify on the llecord that there was pr()l)able Cause of Seizure, the Claimant shall not be entitled to any Costs of Suit, nor shall the Person who matle sneh {Seizure be liable to any Action, Indictment, or other Suit or Prosecution on account of such Seizure ; and if any Action, Indictment, or other Suit or Prosecution shall be brought to Trial against any Person on account of such Seizure, wherein a Verdict shall be given against the Defendant, the Plain- tiff, besides the Things seized, or the Value thereof, shall not be entitled to more than Two-pence Damages, nor to any Costs of Suit, nor shall the Defendant in such Pro- secution be fined more than One Shillino-. Oflicer may tciukr Aineiuls. LXXXII. And be it enacted, That it shall be lawful for such Officer, within One Calendar Month after such Notice, to tender Amends to the Party complaining, or his Agent, and to plead such Tender in bar to any Action, together Avith other Pleas ; and if the Jury shall find the Amends sufficient, they shall give a Verdict for the De- fendant ; and m such Case, or in case the Plaintiff shall become nonsuited, or shall discontinue his Action, or Judgment shall be given for the Defendant upon De- muiTer, then such Defendant shall be entitled to the like Costs as he would have l>een entitled to in case he had pleaded the General Issue only : Provided always, that it shall be lawful for such Defendant by Leave of the Court where such Action shall be brought, at any Time before Issue joined, to pay Money into Court as in other Actions. ft'rtify i)robaI)Ic CaiiscofActioii. LXXXIII. And be it enacted. That in any such Action, if the Judge or Court before whom such Action shall be tried shall certify upon the Hecord that the De- fendant or Defendants in such Action acted upon probable Cause, then the Plaintiff in such Action shall not be entitled to more than Two-pence Damages, nor to any Costs of Suit. Recovtn-y and Application of Penalties. LXXXIV. And be it enacted, That all Penalties and Forfcitiu'cs recovered in any of the British Possessions in 8^&9''ViCT. POSSESSIONS. Cap. 93. 329 America under this oi' any Act relating to the Customs, or to Trade or Navigation, shall be paid into the Hands of the Collector or Comptroller of the Port or Place of the British Possessions in America where the same shall have been recovered, and shall be divided, paid, and applied as follows ; (that is to say,) after deducting the Charges of Prosecution from the Produce thereof, One Third Part of the net Produce shall be paid into the Hands of the Collector of Her Majesty's Customs at the Port or Place where such Penalties or Forfeitures shall be recovered for the Use of Her Majesty, One Third Part to the Governor or Commander-in-Chief of the said Colony or Plantation, and tlie other Third Part to the Person who shall seize, inform, and sue for the same ; excepting such Seizures as shall be made at Sea by the Commanders or Officers of Her Majesty's Ships of War duly authorized to make Seizures, one Moiety of which Seizure, and of the Penalties and Forfeitures recovered thereon, first deducting the Charges of Prosecution from the gross Produce thereof, shall be paid as aforesaid to the Collector of Her Majesty's Customs to and for the Use of Her Majesty, and the other Moiety to him or them who shall seize, inform, and sue for the same, any Law, Custom, or Usage to the contrary notwithstanding, subject nevertheless to such Distribution of the Produce of the Seizures so made at Sea, as well with regard to the Moiety herein-befoi'c granted to Her Majesty as with regard to tlie other Moiety given to the Seizor or Prosecutor, as Her Majesty shall think fit to order and direct by any Order or Orders in Council, or by any Proclamation or Proclamations to be made for that Purpose. LXXXV. And be it enacted, That all Actions or Suits Limitation of for the Pecovery of any of the Penalties or Forfeitures ^'^^ imposed by this or any Act relating to the Customs, or to Trade or Navigation, may be commenced or prosecuted at any Time within Thi'ce Years after the Offence conmiit- ted by reason whereof such Penalty or Forfeiture shall be incurred, any Law, Usage, or Custom to the contrary notwithstanding. LXXXVI. And be it enacted. That no Appeal shall Limitation of be prosecuted from any Decree or Sentence of any of Her -'Appeals. Majesty's Courts in America touchiag any Penalty or For- 330 Cap. 93. POSSESSIONS. 8" & 9'^ Vict. feiture imposed by this or any Act relating to the Customs, or to Trade or Navigation, unless the Inhibition shall be applied for and decreed within Twelve Months from the Time when such Decree or Sentence was pronounced. Security to LXXXVII. Provided always, and be it enacted, That abide an Appeal -^^ .^ Case in wliich Proceedings shall have been or shall ironi Ugcfug ot Vice Admiralty hereafter be instituted in any Court of Vice Admiralty or Court. other competent Court in any of Her Majesty's Possessions abroad against any Ship, Vessel, Boat, Goods, or Effects for the Recovery of any Penalty or Forfeiture under this or any Act relating to the Customs, or to Trade or Navi- gation, the Execution of any Sentence or Decree restoring such Sliip, Vessel, Boat, Goods, or Effects to the Claimant thereof, which shall be pronounced by the said Vice Admii-alty Court in which such Proceedings shall have been had, shall not be suspended by reason of any Appeal wliich shall be prayed and allowed from such Sentence; provided that the Party or Parties appellate shall give sufficient Security, to be approved of by the Court, to render and deliver the Ship, Vessel, Boat, Goods, or Effects concerning which such Sentence or Decree shall be pronounced, or the full Value thereof, to be ascertained either by Agreement between the Parties, or in case the said Parties cannot agree, then by Appraisement under the Authority of the said Court, to the Appellant or Appellants, in case the Sentence or Decree so appealed from shall be reversed, and such Ship, Vessel, Boat, Goods, or Effects be ultimately condemned. Persons autho- LXXXVIII. And bc it enacted. That all Persons rized to make authorized to make Seizures under an Act passed in the foTc.TJtto Fifth Year of the Reign of His Majesty King Geon/e have the Benefit the Fourth, intituled An Act to amend and consolidate the of this Act. Laws relating to the Abolition of the Slave Trade, shall, in making and prosecuting any such Seizures, have the Benefit of all the Provisions granted to Persons authorized to make Seizures under this Act. Application of LXXXIX. And be it enacted. That all Penalties and Tc'^tl uT Forfeitures created by the said Act passed in the Fifth Year of His Majesty King George the Fourth, whether pecuniary or specific, shall (except in Cases specially pro- 8" & 9° Vict. POSSESSIONS. Cap. 93. 331 Tided for by the said Act) go and belong to such Persons as are authorized by that Act to make Seizures in such Shares, and shall and may be sued for and prosecuted, tried, recovered, distributed, and applied, in such and the like Manner, and by the same Ways and ]\Ieans, and subject to the same Ilules and Directions, as any Penalties and Forfeitures incurred in Great Britaiyi and in the British Possessions in America respectively now go and belong to, and may be sued, prosecuted, tried, recovered, and distributed respectively in Great Britain or in the said Possessions under and by virtue of this Act. XC. And be it enacted. That it shall be lawful for Pier The Queen may Majesty, by and with the Advice of Her Privy Council, !"^S"|ate the J J =• J ' iTi •^ J. \ • 1 r Trade of certain by any Order or Orders in Council to be issued irom Colonks. Time to Time, to give such Directions and make such Regulations touching the Trade and Commerce to and from any British Possessions on or near the Continent of Europe, or within the Mediterranean Sea, or in Africa, or within the Limits of the East India Company's Charter (excepting the Possessions of the said Company), as to Her Majesty in Council shall appear most expedient and salutary, any thing in this Act to the contrary not- Avithstanding ; and if any Goods shall be imported or exported in any Manner contrary to any such Order of Her Majesty in Council, the same shall be forfeited, together with the Ship importing or exporting the same. XCI. And be it enacted. That it shall be lawful for Certificate of any Person, being the Shipper of any Sugar the Produce of some British Possession Avithin the Limits of the East Sugar! India Company's Charter, about to be exported from any Place in such Possession, to go before the Collector or Comptroller or other C'-ief Officer of the Customs at such Place, or, if there be no such Officer of the Customs, to go before the principal Officer of such Place, or the Judge or Commercial Pesident of the District, and make and sign a Declaration before him that such Sugar was really and bond fide the Produce of such British Possession, to the best of his Knowledge and Belief; and such Officer, J;;lge, or Resident is hereby authorized and rerpiired to grant a Certificate thereof (1), setting forth in such Ccr- (1) To be produced in the United Kingdom. See Cap. 86. § 139. Production of East India 332 Cap. 93. POSSESSIONS. 8" & 9° Vict. tificatc the Name of the Ship in which tlic Sugar is to be exported, and the Destination of" the same. Ships biiiltprior to 1 St January 1816 deemc-d IJritish Ships] within certain Limits. XCII. And be it enacted, That all Ships built at any Place Avithin the Limits of the J^ast India Company's Ciuirtcr prior to the First Day of Januarij One thousand eight hundred and sixteen, and which then were and have continued ever since to be solely the Property of Her Majesty's Subjects, shall be deemed to be British Ships for all the Purposes of Trade within the said Limits, inclu- ding the Cape of Good Hope, any thing in this Act or in any other Act or Acts passed in this present Session of Parliament to the contrary notwithstanding. Certificate of Production of Cape Wine. XCIII. And be it enacted, That it sliall be lawful for the Shipper of any AVine the Produce of the Cape of Good Hope or of its Dependencies which is to be exported from thence to go before the Chief Officer of the Customs, and make and sign a Declaration before him that such Wine was really and bond fide the Produce of the Cape of Good Hope or of its Dependencies ; and such Officer is hereby authorized and required to grant a Certificate thereof ( 1 ), setting forth in such Certificate the Name of the Ship in Avhich the Wine is to be exported, and the Destination of the same. Certificiite of Production of Goods in Guernsey, &c. XCIV. And be it enacted. That it shall be lawful for any Person who is about to export from any of the Islands of Guernsey, Jersey, Alderney, or Sai'k to the United Kingdom, or to any of the British Possessions in America or the Mauritius, any Goods 'of the Gi'owth or Produce of any of those Islands, or any Goods manufactured from Materials which were the Growth or Produce thereof^ or of the United Kingdom, or of Materials Duty-free in the United Kingdom, or whereupon the Duty has been there paid, and not drawn back, to go before any Magis- trate of the Island from which the Goods are to be ex- ported, and make and sign before him a Declaration that such Goods, describing the same, are of such Growth or Produce, or of such Manufacture, and such Magistrate shall administer and sigTi such Declaration ; and thereupon (1) To be produced in the United Kingdom. See Cap. 86. § 41, 8" & 9" Vict. POSSESSIONS. Cap. 93. 333 Spirits not to be imported into or exported from Jersey, Guern- sey, Alderney, or Sark, except in Vessels of Sixty Tons and in Casks of Twenty Gallons at the least. the Governor, Lieutenant Governor, or Commander in Chief of the Island from which the Goods are to he ex- ported shall, upon the Delivery to him of such Declaration, grant a Certificate (1) under his Hand of the Proof con- tained in such Declaration, stating the Ship in which and the Port to which, in the United Kingdom or in any such Possession, the Goods are to be exported ; and such Cer- tificate shall be the proper Document to be produced at such Ports respectively in proof that the Goods mentioned therein are of the Growth, Produce, or Manufacture of such Islands respectively. XCV. And be it enacted. That no Brandy, Geneva, or other Spirits (except Rum of the British Plantations) shall be imported into or exported from the Islands of Jersey, Guernsey, Alderney, or Sark, or any one of them, or be removed from any one to any other of the said Islands, or be carried Coastwise from any one Part to any other Part of any one of the said Islands, or shall be shipped in order to be so removed or carried, or shaU be waterborne for the Purpose of being so shipped in any Vessel of less Burden tlian Sixty Tons, nor in any Cask or other Vessel capable of containing Liquids not being of the Size or Content of Twenty Gallons at the least ; and that all Brandy, Geneva, or other Spirits imported, exported, removed, carried, shipped, or waterborne con- trary hereto shall be forfeited, together with the Vessel or Boat importing, exporting, removing, or carrying the same, and all the Guns, Furniture, Ammunition, Tackle, and Apparel thereof: Provided always, that nothing hei'ein contained shall extend to any Spirits imported in Glass Bottles in square-rigged Ships as Part of the Cargo thereof, nor to any Spirits being really intended for the Consumption of the Seamen and Passengers during their. Voyage, and not being more in Quantity than is necessary for that Purpose. XC VI. Provided also, and be it enacted. That nothing Not to extend herein contained shall extend or be construed to extend to to Vessels of subject to Forfeiture or Seizure, under any of the Pro- piyhiff isLnd'of visions of this Act, any Boat not exceeding the Burden Sark, having of Ten Tons for having on board at any one Time any Licence so to do. (1) To be produced in the United Kingdom. See Cap. 8G. § 43. 334 Cap. 93. POSSESSIONS. 8° & 9" Vict. Penalty on Per- sons found on board Vessels liable to For- feiture within One League of Guernsey, &c. Foreign Spirits of the Quantity of Ten Gallons or under, such Boat having a Licence iroin the proper Officer of Customs at either of the Islands of Gucruanj or Jersey for the Purpose of being employed in carrying Com- modities for the Supply of the said Island of Sark, which Licence such Officer of Customs is hereby required to grant, Avithout taking any Fee or Re^vai'd for the same : Provided also, that every such Boat having on board at any one Time any greater Quantity of Spirits than Ten Gallons, unless such greater Quantity of Spirits shall be in Casks or Packages of the Size and Content herein- before required (1), sliall be forfeited. XCVII. And be it enacted. That every Person who shall be found or discovered to have been on board any Vessel or Boat liable to Foi*feiture under any Act relating to the Revenue of Customs, for being found within One League of the Islands of Guernsey, Jersey, Alderney, or Sark, having on board or in any Manner attached or affixed thereto, or conveying or having conveyed, in any Manner, such Goods or other Things as subject such Vessel or Boat to Forfeiture, or who shall be found or discovered to have been on board any Vessel or Boat from which any Part of the Cargo shall have been thrown over- board during Chase, or staved or destroyed, shall forfeit the Sum of One hundred Pounds. Re-exportation of British Coals in Foreign Ships, Penalty for using Docu- XC VIII. And be it enacted. That it shall not be lawful for any Person to re-export from any of Her Majesty's Possessions abroad to any Foreign Place in any Foreign Ship any Coals the Produce of the United Kingdom, except upon Payment of the Duty to which such Coals would be liable upon Exportation from the United King- dom to such Foreign Place ; and that no such Coals shall be so shipped at any of such Possessions to be exported to any British Place until the Exporter or the Master of the exporting Vessel shall have given Bond, with One sufficient Surety, in Double the Value of the Coals, that such Coals shall not be landed at any Foreign Place. XCIX. And be it enacted. That if any Person .shall, in any of Her Majesty's Possessions abroad, counterfeit or (1) See § 95. 8° & 9° Vict. POSSESSIONS. Cap. 93. 335 falsify, or wilfully use when counterfeited or falsified, any ments counter- Entry, Warrant, Cocket, Transire, or other Document J!^''"*'' ""^ '^*'^** for the unlading, lading, entering, reporting, or clearing any Sliip or Vessel, or for the landing, shipping, or removing of any Goods, Stores, Baggage, or Article whatever, or shall by any false Statement procure any Writing or Document to be made for any such Purposes, or shall flilscly make any Oath or Affirmation required by this Act, or shall forge or counterfeit a Certificate of the said Oath or Affirmation, or shall publish such Certificate knowing the same to be so forged or counterfeited, every Person so offending shall for every such Offence forfeit the Sum of Two hundred Pounds ; and such Penalty shall and may be prosecuted, sued for, and recovered in like Manner and by such Ways and Means as any Penalty may be prosecuted, sued for, and recovered under the Provisions and Directions of this Act. C. And v^'hereas by an Act passed in the Session of 2&sW.4.c. 78. Parliament holden.in the Second and Third Years of the ",f ^'^f'^^f,^^ Reign of King William the Fourth, intituled Aii Act to •„ 'phird and continue certain Acts relating to the Island of Newfound- Fourth Yea.-s land, and to provide for the Appropriation of all Duties ofKing William which may hereafter he raised within the said Island, Pro- ;,^ tj,e present vision was made for the Ap]iropriation of the net Produce Session of Tar- of all Duties levied within the said Colony by any Act of ^lament. Parliament then or thereafter to be in force there, and for the Deduction from and out of such net Proceeds in each and every Year of a Sum not exceeding Six thousand five hundred and fifty Pounds, to be applied in the Manner, for the Purposes, and under the Authority therein men- tioned : And whereas Doubts may arise whether the Pro- visions aforesaid, or some of them, were not repealed or abrogated by some or one of the Acts passed in a Session of Parliament holden in the Third and Fourth Years of the Reign of His said Majesty King William the Fourth ; for the Removal of such Doubts be it therefore declared and enacted. That nothing contained in any Act passed in that Session of Parliament, or in the present Session of Parliament, did or doth repeal, abrogate, annul, or alter the said recited Act, or any Part thereof, or any of the Provisions therein contained ; but that from and out of the net Proceeds of all Duties levied from Year to Year within the said Colony of Newfoundland l)y any Act of 336 Cap. 93. POSSESSIONS. 8^ & 9" Viot. the said last-mentioned Session of Parliament, or any Aet thereafter passed or to be passed, sucli Deduction shall l)e annually made as in the said recited Act is mentioned ; and that the Sum of JNIoney so from Year to Year to be deducted shall be apjjlied from Time to Time in such Manner, and for such Purposes, and under such Authority as in the said recited Act is particularly mentioned and set forth. Alteration of CI. And bc it cnactcd, That this Act may be amended ■^ct, QY repealed by any Act to be passed in this present Session of Parliament, ANNO OCTAVO & NONO VICTORIiE REGINiE. CAP. XCIV. An Act for the regulating the Trade of the Isle of Man. [4th August 1845.] Vl/^HEREAS an Act was passed In the Session of Parliament holden in the Third and Fourth Years of the Reign of King William the Fourth, intituled ^w 3&4W.4. c.eo. Act for regulating the Trade of the Isle of Man, Avhereby the Laws of Customs in relation to the Trade of the Isle of Man were consolidated : And whereas since the passing of the said Act divers Acts and Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of advantage to the Trade and Commerce of the Country that the said Acts and Parts of Acts should be consoUdated into One Act : Be it therefore enacted by the Queen'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 from Commencement and after the passing of this Act the same shall come into o*" ^^t. and be and continue in full Force and Effect for all the Purposes therein mentioned, except where any other Com- mencement is herein particularly directed. 11. And be it enacted. That in lieu of all Duties of Duties in Table Customs (except the Duties of Customs on Corn, Grain, *» ^^ '^/'^ more of them, from Time to Time, by any Order or re-impose the z 2 340 Duties levied on iineniime- rated Articles. Cap. 94. ISLE OF MAN. go 3^ 90 yjcx. Orders to be published in the Gazette, and laid before Parliament. Orders under tliclr Hands, to declare tliat all or any Articles legally importable into the Isle of Man and not enumerated in the said Table, and upon "vvhich the said Duty of" Fifteen Pounds for every Hundred Pounds Value is hereby imposed, shall and may, from and after a Day to be named in the said Order or Orders, be imported from the Places and in the Manner in the said Order or Orders mentioned into the Isle of Man Duty-free, and that such Articles shall be imported Duty-free accordingly so long as such Oi'der or Orders or any Part thereof affecting such Articles shall continue in force : Provided always, that it shall be lawful for the said Commissioners, or any Three or more of them, at any Time and from Time to Time as they shall consider expedient, by any further Order imder their Hands to revoke the whole or any Part of such Order or Orders for admitting the aforesaid Articles or any of them into the Isle of Man Duty-free, such Order of Revocation to take effect from a Day to be named therein : Provided also, that all Orders of the Commissioners of Her Majesty's Treasury made in pur- suance of this Enactment shall be duly published in the London and Dublin Gazettes, twice at least within Four- teen Days from the Date of such Orders respectively, and that a Copy of every such Order shall be laid before both Houses of Parliament Avithin Six Weeks after the Date of such Order if Parliament be then sitting, and if not then within Six Weeks after the Commencement of the then next Session of Parliament. Certain Goods importable only under Licence. Lords of the Treasury may permit the Importation IV. And be it enacted. That the several Sorts of Goods enumerated or described in the Schedule to this Act annexed, denominated " Schedule of Licence Goods," shall not be brought into the Isle of Man, nor laden on board any Vessel to be carried from any Place to the Isle of 3fan, without the Licence of the Commissioners of Her Majesty's Customs first obtained, nor in greater Quantities in the whole in any One Year than the respective Quantities of such Goods specified in the said Schedule, and that such Goods shall not be so brought into the said Isle of Man, except from the respective Places set forth in the said Schedule, and according to the Rules subjoined thereto : Provided always, that it shall be lawful for the Commissioners of Her Majesty's Treasury, or any Three or more of them, from Time to Time, upon 8° & 9° Vict. ISLE OF MAN. Cap. 94. 341 sufficient Cause to them appearing, by any Order under of additional their Hands to permit the Importation into the Isle of Quantities. Man of such additional Quantity of such several Sorts of Goods or any of them, in any One Year, beyond the Quantities named in the said Table as they shall in their Discretion consider expedient. V. And be it enacted, That every Application for Application for Licence to import any of the Goods aforesaid into the Isle Licence to be of Man shall be made in Writing, and delivered between officers at" the Fifth Day of May and the Fifth Day of July in each Douglas be- Year to the Collector or Comptroller of the Port of *^een 5th May Douglas in the said Isle ; and such AppUcation shall ^" " ^* specify the Date thereof, and the Name, Residence, and Occupation of the Person applying, and the Description and Quantity of each Article for which such Licence is required ; and all such Applications, with such Particulars, shall be entered in a Book, to be kept at the Custom House at the Port of Douglas, and to be there open for public Inspection during the Hours of Business, and on the Fifth Day of July in each Year such Book shall be closed, and within Fourteen Days thereafter the Collector and Comptroller shall make out and sign a true Copy of such Entries, specifying the Applicants resident and the Applicants not resident in the said Isle, and deliver or transmit such Copy to the Governor or Lieutenant Governor of the said Isle for the Time being;. VI. And be it enacted. That within Fourteen Days Governor to after the Receipt of such Copy the Governor or Lieutenant ^ o<^ Quantities; Governor of the said Isle shall allot the whole Quantity of each Article in the first place among the Applicants resident in the said Island; and in case the whole Quantity of any Article shall not have been applied for by Residents, he shall then allot the Quantity not so applied for among the non-resident Apphcants, in such Proportions in all Cases as he shall judge most fair and equitable ; and shall cause a Report thereon to be drawn up in and report to Writing, and sign and transmit the same to the Com- J''e=is".'"y.and missioners of Her Majesty's Treasury, and shall cause a of Customs. DupUcate of such Report so signed to be transmitted to the Commissioners of Her Majesty's Customs. VII. And be it enacted. That upon Receipt of such Commissioners Duplicate Report the Commissioners of Her Majesty's °*" ^"'*°™'' *" z 3 342 grant Licences according to Report of Governor. Cap. 94. ISLE OF MAN. 8'^ & 9° Vict. Customs shall grant Licences, to continue in force for any Period tmtil the Fifth Day of .//Jy then next ensning, for the Importation into the Isle of Man of the Quantities of such Goods as are allowed by Law to be so imported, with their Licence, according to the Allotments in such Report, and dividing the whole Portion allotted to any one Aj)plicant into several Licences, as they shall be desired and sec fit ; and such Licences shall be transmitted without Delay to the Collector and Comptroller of Dour/las, to be by them delivered to the different Applicants, after taking Bond for the same under the Provisions of this Act.'' Before Delivery of Licences, Bond to be given. Licence not taken up may be transferred by Governor. VIII. And be it enacted, Tliat previous to the Delivery of any such Licences to the Persons to whom they are granted, the Collector and Comi)troller of Doufjlas shall take the Bond of such Persons to Her Majesty, Her Heirs and Successors, with sufficient Security for the Im- portation or bringing in of the Articles for which the said Licences are respectively granted on or before the Fifth Day of Juhj succeeding the Delivery of such Licences, wuth such Conditions, and for the Forfeiture of such Sums, not exceeding the whole Amount of Duties payable in Great Britain on Articles similar to those specified in such Licences, as the Commissioners of Her Majesty's Customs shall think fit : Provided always, that if any Person to whom such Licence shall be granted shall not have given such Bond prior to the Fifth Day of January next after the granting such Licence, it shall be lawful for the Go- vernor or Lieutenant Governor of the said Isle, if he shall see fit, to transfer any such Licence to any other Person who shall be desirous to take up the same, and willing and able to give such Bond ; and such Transfer shall be notified by Endorsement on tlie Licence signed by such Governor or Lieutenant Governor. Parties not importing the whole of the Goods for which they have ob- tained a Licence disqualified from having a Licence the fol- lowing Year. IX. And be it enacted. That if any Person, having obtained a Licence under this Act, shall not import or bring into the said Island the whole Quantity of Goods permitted to be imported or brought under sucli Licence, during the Period for which it shall remain in force, such Person shall be thereby disqualified from receiving a Licence in the Year next following that in which his previous Licence shall have been granted. \ Li- 8° & 9'^ Vict. ISLE OF MAN. Cap. 94. 343 X. And be it enacted, That if any Person or Persons Count crfeitin shall counterfeit or folsify any Licence or other Document °^ faisi^vmg Li required for the Importation into the Isle of Man of any ^^^^ ' '^ ''^ ^ Goods which would otherwise be prohibited to be imported into the said Isle, or shall knowingly or wilfully make use of any such Licence or other Document so counterfeited or falsified, such Person or Persons shall for every such Offence forfeit the Sum of Five hundred Pounds. XI. And be it enacted. That it shall not be lawful to re-export from the Isie of Man any Goods which have been imported into the said Isle with Licence of the Com- missioners of Her Majesty's Customs as aforesaid ; and tliat it shall not be lawful to carry any such Goods Coast- wise from one Part of the said Isle to another, except in Vessels of Fifty Tons Burden at the least, and in the same Packages in which such Goods Avere imported into the said Isle ; and tliat it shall not be lawful to remove any Wine from one Part of the said Isle to another, except in such Packacces or in Bottles. Licence Goods not to be re-ex- ported, nor to be carried Coast- wise unless in Vessels of Fifty Tons. Wine removed Inland, &c. XII. And be it enacted, That all Trade from any Port of the United Kingdom to the Isle of Man, or from the Isle of Man to any Port of the United Kingdom, shall be deemed to be a Coasting Trade, and all Ships employed therein shall be deemed to be Coasting Ships, and shall be subject to all the Kules, Kegulations, Penalties, and Forfeitures now in force relating to Coasting Ships, and that the Isle of Man shall not be deemed in Law with reference to any Part of the United Kingdom to be Parts beyond the Seas in any Matter relating to the Trade or Navigation or Revenue of this Kealm: Pi'ovided never- theless, that all Goods sul>ject to Duty under this Act, when brought from the United Kingdom into the Isle of Man, and all Vessels bringing the same, shall be liable to the same Rules and Regulations as ai'e required by Law in respect of Goods imported into the said Isle from Foreign Parts, and in respect of the Vessels importing the same ; and that all the Penalties and Forfeitui*es inflicted by Law for any Breach of the said Rules and Regulations shall attach xipon all Goods so brought into the said Isle contrary to the said Rules and Regulations, or any of them, and upon all Persons connnltting any Breach of any such Rule or Regulation ; and such Penalties and For- feitures shall and may be recovered in the same Manner z 4 Trade witli tlie Isle of Man to be a Coasting Trade. Goods subject to Duty wben brousht from tiie United Kingdom to be so brought sub- ject to the same Law as Goods imported from Foreign Farts. 344 Corn, Grain, Meal, and Flour may be ware- housed in the Island. Cap. 94. ISLE OF MAN. 8° & 9° Vict. Provisions of Warehousing Act to extend to the Isle of Man in respect of Corn, Grain, ]VIeal, and Flour. Publication of Notice. Warehoused Goods may be removed into Isle of Man, under certain Regulations. as any Penalty or Forfeiture may be recovered by any Act relating to the Customs. XIII. And whereas an Act was passed in this present Session of Parliament, intituled An Act for tlui ware- honsiiifj of Goods : And whereas it is expedient to extend the Operation of the said Act to the Isle of Man, so far as relates to the Privilege of warehousing Foreign Com, Grain, Meal, and Flour ; be it therefore enacted. That it shall be lawful for the Commissioners of Her Majesty's Treasury, by their Warrant, from Time to Time, to appoint any Port or Ports in the Isle of 3Ian to be warehousing Ports, for the Purposes herein-after declared, and that it shall be lawful for the Commissioners of Her Majesty's Customs, subject to the Authority and Directions of the Commissioners of Her Majesty's Treasury, by their Order from Time to Time to appoint in what Warehouses or Places of special Security or of ordinary Security, as the Case may require, in such Port or Ports, and in what different Parts or Divisions of such Warehouses or Places, and in Avhat Manner, any Corn, Grain, Meal, or Flour may and may only be warehoused and kept and secured, without Payment of any Duty upon the first Entry thereof, and also in such Order to direct in what Cases (if any) Security by Bond shall be required in respect of any Warehouse so appointed by them. XIV. And be it enacted. That all Provisions, Powers, Regulations, and Enactments in the said last-mentioned Act contained shall be construed and taken to extend and be applicable to the Isle of Man, so far as relates to the Articles of Corn, Grain, Meal, and Flour : Provided always, that Avhenever in the said last-mentioned Act any Notice, Order, or Appointment is directed to be published in the London or Dublin Gazettes respectively, it shall be neces- sary that any such Notice, Oi'der, or Appointment in respect of any Warehouse in the Isle of Man shall be published in the London and Dublin Gazettes. XV. And be it enacted. That Goods warehoused in the United Kingdom may be removed from such Warehouses into any Port in the Isle of Man, under such Security and under such Regulations and Conditions as are set forth in the said last-mentioned Act with respect to the Removal of warehoused Goods from one warehousing Port to another 8° & 9° Vict. ISLE OF MAN. Cap. 94. 345 warehousing Port in the United Kingdom, save and except so far as the said last-mentioned Regulations apply to the warehousing such Goods at their Port of Destination. XVL And be it enacted, That nothing herein contained Act not to affect shall be deemed or construed to affect the Laws and Regu- Regulation as lations now in force respecting Duties and Drawbacks of drawbacks. Excise on Goods exported or carried, or to be exported or carried, to the Isle of Man. XVII. And be it enacted. That any Sugar upon which Sugar on which any Bounty shall have been allowed under any Act ^g°""afij^gjj relating to the Customs may be removed to the Isle of may be removed Ma7l. to the Isle of Man. XVIII. And be it enacted, That before any such Sugar Bond to be shall be removed to the Isle of Man, the Person removing f^^and *such the same shall give Bond to Her Majesty with One suffi- Sugar. cient Surety that the same shall be duly landed in the Isle of Man, and shall not be re-landed in any Part of the United Kingdom. XIX. And be it enacted. That it shall not be lawful to Foreign Goods, carry any Goods not being of the Growth, Produce, or except Com, not Manufacture of the Isle of Man or of the United King- ^.^^ thTlfle of dom, except Corn, Grain, Meal, or Flour, in any Sliip from Man to the the Isle of Man to any Port or Place in the United UnUed King- Kingdom. (1) XX. And be it enacted. That the several Sorts of Goods pro- Goods enumerated or described in the Schedule herein- ^'^'t^d to be after contained, denominated " Schedule of Prohibitions," t^g jsie of Man. shall not be imported or brought into the Isle of Man ; (that is to say,) SCHEDULE OF PROHIBITIONS. Goods the Produce or Manufacture of Places within the Limits of the East India Company's Charter, except from the United Kingdom : Cotton Yarn, Cotton Cloth, Linen Cloth, Glass Manu- factures, Woollen Manufactures, unless bond fide (1) See Cap. S6. § 6:3. 34G Goofls import- ed, exported, or carried Coast- wise, contrary to the Act, forfeited. Penalty. Limiting tlie Quantity of Spirits, Tea, and Tobacco for Use of Sea- in decked Ves- sels ; in open Boats. Cap. 94. ISLE OF MAX. 8° & 9° Vict. laden in and brought directly from the United Kinfj^doni : British distilled Spirits :(1) Sugar or Kuni other than tliat enumerated and described in the Tabic of Duties hcrcin-before contained : All G^ods prohibited to be imported into the United Kingdom to be used or consumed therein on account of the Sort or Description of the same. XXI. And be it enacted. That if any Goods shall be imported into or exported from the Isle of Man, or shall be carried Coastwise from one Part of the said Isle or from the United Kingdom to the said Isle, or from the said Isle to the United Kingdom, or shall be waterbornc or brought to any Wharf or Place with Intent to be Avaterborne, to be so exported or carried, or shall be removed by Land within the said Isle, contrary to any of the Directions or Provisions of this Act, the same and all the Packages con- taining the same shall be forfeited, together Avith all Ships, Vessels, or Boats, and all Cattle and Carriages used or employed therein ; and every Person offending therein shall forfeit for every such OiFence the Sum of One hun- dred Pounds, or the full Amount of all Duties which would be payable in respect of similar Goods the Produce of Foreign Countries if imported into and entered for Home Consumption in the United Kingdom, at the Election of the Commissioners of Her Majesty's Customs. XXII. And be it enacted, That if any decked Vessels, bound from the Isle of Man to any Port of Great Britain or Ireland, shall have on board for the Use of the Seamen any Spirits exceeding the Quantity of Half a Gallon for each Seaman, or any Tobacco exceeding One Pound Weight for each Seaman, or any Tea exceeding Two Pounds Weight for the whole of the Seamen on board such Vessel, or if any open Boat, bound from the Isle of Man to any Port of Great Britain or Ireland, shall have on board for the Use of the Seamen any Spirits exceeding One Quart for each Seaman, or any Tobacco exceeding One Half of a Pound Weight for each Seaman, or any Tea exceeding One Pound Weight for the whole of the Seamen on board such Boat, all such Foreign Spirits, (1) Sec the 49th Section of 3 & 4 W. 4. c. 50, § i.'. G. 4. c. 4S. exempted from Repeal by 8° Si 9" Vict. ISLE OF MAN. Cap. 94. 347 Tobacco, and Tea respectively, together with the Casks or Packages containing the same, and also every such Vessel or Boat, together with all the Guns, Furniture, Ammuni- tion, Tackle, and Apparel thereof, shall be forfeited. XXIII. And be it enacted. That before any Goods Certificate for shall be shipped in the Isle of Man, to be carried to the ^''^^ ^^^ P'^«>- Unitcd Kingdom as being the Produce or Manufacture of ^f i^^^n. that Island, Proof shall be made by the written Declara- tion of some competent Person to the Satisfaction of the Collector and Comptroller of the Customs, at the Port of Shipment, that such Goods, describing and identifying the same, ai*c the Produce or the Manufacture, as the Case may be, of the said Island, and in such Declaration shall be stated the Name of the Person by whom such Goods are intended to be shipped ; and such Person at the Time of shipping (not being more than One Mouth after the Date of such Declaration) shall make and subscribe a Declaration before such Collector or Comptroller that the Goods to be shipped are the same as are mentioned in such Declaration ; and thereupon the Collector and Comptroller shall, on demand, give to the Master of the Ship in which the Goods are to be exported a Certificate (1) of such Proof of Produce or of Manufacture having been made in respect of such Goods, describing the same, and setting forth the Name of the Party and of the Ship, and of the Master tliereof, and the Destination of the Goods ; and such Certificate shall be received at the Port in the United Kingdom into which the said Goods shall be brought, instead of the Certificate of the Governor, Lieutenant Governor, or Commander in Chief of the said Island, heretofore required. XXIV. And be it enacted, Tliat the Duties of Customs Management herein-before imposed shall be raised, levied, collected, *^^ Duties, paid, recovered, and accounted for under the Authority and Direction or under the Management and Control of the Commissioners of Her Majesty's Customs ; and, except Duties to be the necessary Charges of raising, collecting, levying, re- P'"*'*^ '"*o *ii® covering, and accounting for the same, the said Kates and ^^ »ecal the Stamp Duties on Cards and Dice made in the United Kingdom, and to grant other Duties in lieu thereof; and to amend and consolidate the Acts relating to such Cards and Dice, and the Exportation thereof. [9th May 1828.] [This is not an Act of Customs but of Stamps, but it is necessary to give those Parts which relate to Importa- tion and Exportation.] Playing Cards Sect. 28. And whereas it is expedient to permit the Expor- or Dice, not tation of playing Cards and Dice, without the same being being suiniied stamped for Use in the United Kingdom, and without having *^'"" ,""'"^ paid the Duties imposed by this Act, and that Regulations ported under should be made with respect to such Exportation ; be it there- the Regulations fore enacted, That playing Cards or Dice, not being stamped herein men- for Use in the United Kingdom, and not having paid the tioned. Duties imposed by this Act, may be exported under the Con- ditions and Regulations herein-after mentioned and set forth ; that is to say, before such playing Cards or Dice, not having been stamped for Use in the United Kingdom, and not having paid the Duties imposed by this Act, shall be removed from the licensed House or Place of any Maker thereof, for the Purpose of being exported from the United Kingdom to any Parts beyond the Seas, or to the Isle of Man, Three Days Notice in Writing shall be given to the proper Officer at the Head Office ot" Stamps in London or Dublin respectively, or at the Office of the Distributor of Stamps at Cork (so long as it shall be lawful to make Cards at Cork), by the licensed Maker thereof, of the Quantity intended to be exported, the Port or Place in the United Kingdom from whence the same are intended to be exported, the Name of the Ship or Vessel, and of the Master thereof, in which the same are intended to be exported, and the Port or Place and Country to which the same are intended to be carried and conveyed ; and such Maker shall within such Space of Three Days enter into a Bond, with sufficient Surety, to be approved by the Commissioners of Stamps or their Officer, to His Majesty, His Heirs or Succes- sors, in a penal Sum of Treble the Amount of all the Duties which would be payable on such Cards or Dice respectively if the same had been made or intended for Use or Sale in the United Kingdom, conditioned to export such Cards or Dice, in the Ship or Vessel to be named in such Bond, to some Port or Place beyond the Seas, to be mentioned in such Bond, within a Time to be limited in such Bond, and to land the same (the Dangers of the Seas excepted) in such Port or Place, and 9' Geo. 4. c. 18. APPENDIX. 361 not to lade or put any such Cards or Dice on board any other Cards. Ship or Vessel, either in any Port or Place in the United Kingdom, or elsewhere, or at open Sea, and that such Cards or Dice, or any Part thereof, shall not be relanded in any Part of the United Kingdom, and also conditioned to produce to the said Commissioners, within the respective Times herein-after mentioned, a Certificate that such Cards or Dice have been duly landed at such Port or Place ; and after the Expiration of such Three Days mentioned in such Notice, a Certificate under the Hand of some Officer of Stamps shall be given, expressing the several Matters required in such Notice, and also certifying that such Bond has been given according to the Provisions of this Act for the Exportation of any such Cards or Dice, and shall be delivered to the proper Officer of the Customs at such Port or Place in the United Kingdom from which such Cards or Dice are intended to be exported, and such Certificate shall be given and received without Fee or Reward ; and after such Notice shall have been given, and such Bond as herein-before mentioned shall have been duly made and executed, and such Certificate granted (but not otherwise), it shall and may be lawful for any licensed Maker to remove such playing Cards or Dice intended for Exportation, when completely finished for Use, from the House or Place where the same shall be made, without Payment of any Duties for the same ; provided that every Pack of such playing Cards shall contain an Ace of Spades duly marked or stamped with the proper Mark or Stamp appointed to be used for Cards to be exported ; and provided also, that such Cards or Dice shall, before being so removed, be respectively enclosed in Packs or Pairs in such Wrappers or Jews as the Commissioners of Stamps shall approve, and shall be tied and fastened by a Label or Thread or Seal marked with the proper Mark, Stamp, or Device appointed to be used for Cards or Dice to be exported ; and all such Cards or Dice so entered for Exportation shall be laden or put on board the Ship or Vessel mentioned in such Bond as aforesaid in the Presence of the proper Officer of Customs. Sect. 29. And be it further enacted. That such Bond herein- How Bonds before directed to be given with relation to Cards and Dice shall be dis- exported shall be discharged upon producing to the said Com- charged, niissioners of Stamps, within the respective Times herein-after limited, a Certificate that the Cards or Dice in such Bond men- tioned were duly landed in the proper Port or Place beyond the Seas ; that is to say, within Six Months from the Date of such Bond, in the Case of Cards or Dice entered to be landed in any Port or Place in the Isle of Man ; and within Twelve Months from the Date of such Bond, in the Case of Cards or Dice entered for or landed in any other Port or Place in Europe ; and within Eighteen Mouths from the Date of such Bond, in 362 APPENDIX. 9'' Geo. 4. c. 18. Cards. thc Caso of Canl.^ or Dice entered for or landed in any of His Majesty's Colonies or Plantations in America or Africa, or in any of the Territories of the United States of America ; and Avithiii Twcnty-fonr Months from the Date of such Bond, in the Case of Cards or Dice entered for or landed in any Port or Place at or beyond the Cape of Good Hope ; and every such Certificate for such Cards or Dice as aforesaid, which sliall be landed at any Port or Place M'here any OHicer of His Majesty's Customs shall be resident, shall be signed by the j)roper Officer of His Majesty's Customs there; and if no Officer of His Ma- jesty's Customs siiall be resident there, then by thc British Consul, or other Person aetinir as such there ; and if no Officer of Customs or British Consul, or other Person acting as such, shall be there resident, then such Certificate shall be under the Seal of the Chief Magistrate in such Port or Place, or under the Hands and Seals of Two known British IMerchants, then being at such Port or Place : Provided always, that if in any Case it shall be proved that such Cards or Dice so exported were taken by Enenncs, or were lost in the Seas or by Eire, the Examination and Proof whereof shall be left to the Judgment of the Commissioners of Stamps, then and in such Case it shall be lawful for the said Commissioners and they are hereby autho- rized to discharge such Bond. Cards or Dice Sect SO. And be it further enacted, That all playing Cards exported eon- and Dice which shall be exported contrary to the Directions of trary to Law, or this Act, or which, after Entry thereof for Exportation, shall relandcd after jj^ landed at or found in any Place in the United Kingdom, or Entry for Ex- ^^,j^j^j^ ^j^^U ^^ landed at or found in the Isle of 3Ian after iiort, may be ^, , n f t^ . • i i < i , .^ • i t i seized &c. Entry thereof for Exportation elsewhere than to the said Isle (except for the Purpose of exporting the same under the Regu- lations of this Act), shall be forfeited, and shall and may be seized by any Officer of Customs or Excise, and may be pro- ceeded upon to Condemnation, according to any Laws of Cus- toms or Excise then in force, or may be seized and carried away by any Officer of Stamps, or Person duly authorized by the Commissioners of Stamps, and shall and may be lodged and secui'ed in any Place appointed by the said Commissioners for that Purpose, and shall be sold or destroyed as the Cominis- rersoiis ush)g, sioners shall direct; and if any Person shall sell or expose to &c. such Cards Sale, or shall offer for Use, in any Part of the United Kingdom, to forfeit i;o/. ^j^. gi^jiii knowingly have in his Possession or upon his Premises, or shall use or permit to be used in any Place in the United Kingdom, any playing Cards marked, stamped, and distinguished as Cards for Use in the Isle of 3Ian, or for Exportation, such Cards shall be forfeited, and may be seized and carried away, and lodged and secured as above in this Act provided ; and every Person so offending, for every Pack of Cards so sold or exposed to Sale, or offered for Use, or used or permitted to 9" Geo. 4.. c. 18. APPENDIX. 363 be used, or in the Possession of such Persons, contrary to tliis Cards. Act, shall forfeit the Sum of Twenty Pounds. . Sect. 31. And be it further enacted, That if any Person shall Ptn.-.Uy on reland, or shall cause or procui'e to be relanded, or shall assist fVauduiently in the relanding, in any Part of the United Kingdom, any relanding Card-, Parcel of Cards or Dice after the same shall have been entered si';;T,,,^„nrf ''"'^ and shipped for Exportation from any Part of the United King- Exportation dom, or shall land such Cards or Dice, or cause the same to be elsewhere than landed, in any Port or Place other than the Port or Place to in the Port of which such Cards or Dice shall be consigned and named in the Consignment. Certificate to be delivered by the Officer of Stamps to the Officer of Customs in pursuance of this Act, every such Person shall for every such Ollence forfeit and pay the Sum of Fifty Pounds. Sect. 32. And be it further enacted. That it shall not be No Cards to be lawful for any Person to put on board any Siiip or Vessel for exported into Exportation to the Isle of 3Icm, or to import into or to use in or used in the that Isianil, any playing Cards, unless in Packs each containing 'r ^l-''"' an Ace of Spades stamped or marked with the Stamp or Device ^-^^ j.^jp]^ Island appointed by the Commissioners of Stamps for Cards intended or for Use in for Use in the Isle of 3Ian, in the Manner by this Act directed, the United or an Ace of Spades duly stamped or marked for Sale or Use Kingdom. in the United Kingdom; and all playing Cards not being in Packs each containing an Ace of Spades duly stamped and marked for Use in the Isle of Man or in the United Kingdom, which shall be put on board, or shall be brought to any Wharf or Place to be put on board, any Ship or Vessel, for Expor- tation to the Isle of Man, or which shall be imported into or found in the Isle of Man, shall be forfeited; and all playing Cards which, having been duly |)ut on board, or brought to any Wharf to be put on board, any Ship or Vessel, for Exportation to the Isle of Man, or having been duly imported into or found in the Isle of Man, shall be relanded or found in any other Part of the United Kingdom, except for the Purpose of shipping the same under the ilegulations of tliis Act, shall also be forfeited; and all Cards so forfeited shall and may be seized by any Officer of Customs or Excise, and shall and may be proceeded upon to Condemnation, accoi'ding to any Laws of Customs or Excise in force at the Time, or may be seized and carried away by any Officer of Stamps, or Person duly autho- rized thereto, and lodged and secured in any Place appointed for that Purpose ; and every Person who shall sell or expose to Penalty 20?. Sale, or shall offer for Use, or shall use or permit to be used, in any Part of the Isle of Man, or shall knowingly have in his Possession or upon his Premises within the saicl Island, any playing Cards or Ace of Spades made within the United King- dom for Exportation, or any Pack of Cards not containing an 36i APPENDIX. 9" Geo. 4'. c. 18. Cards. Ace of Spatles stamped or marked for Use in the Isle of Man ■ or in the United Kingdom as aforesaid, shall for every sucii l\ick of Cards or Ace of Spades forfeit and pay the Sum of Twenty Pounds, to be sued for and recovered in the same Manner as any Penalty incurred in the said Island under any Act relating to the Revenue of Customs may bo sued for and recovered under such Act : Provided always, that nothing in this Act contained shall alter or affect any thing respecting the Exportation of playing Cards to the Isle of Man, contained in an Act made and passed in the Sixth Year of the Reign of His 6G.4.C.1 15. present Majesty, intituled .4/i Act for refjidaling the Trade of the Isle of Man. Foreign Cards without Name of Foreign Maker, or with any British Cardmaker's Name thereon, not to be ware- housed under 6 G. 4. c. 112. but to be seized and forfeited. Sect. 33. And be it further enacted. That no playing Cards which, having been made out of the United Kingdom, shall be imported into any Part thereof, shall be deposited in any Warehou.se pursuant to an Act passed in the Sixth Year of the Reign of His present Majesty, intituled A71 Act for the ware- housing of Goods, unless the Name and Place of Residence of the Foreign Maker of such Cards be printed or marked in dis- tinct and legible Characters on One Card of every Pack of such Cards, and on every Wrapper thereof; and if any One or more of such Cards, or any Wrapper, Jew, Label, or other Paper, Matter, or Thing, enclosing, annexed to, or deposited with any One or more of such Cards, shall be printed or marked in any way with the Name of any Maker of Cards duly licensed within the United Kingdom, such Cards shall not be permitted to be warehoused under the said recited Act, any thing in the said Act to the contrary in anywise notwithstanding ; and all such Foreign Cards, Wrappers, Jews, Labels, and other Things on which the Name and Place of Residence of the Foreign Maker thereof shall not be printed or marked in distinct and legible Characters as aforesaid, or on any of which shall be printed or marked the Name of any Maker of Cards duly licensed within the United Kingdom, shall be forfeited, and may be seized by any Officer of^Customs or Excise, and proceeded upon to Con- demnation, according to any Laws of Customs or Excise then in force. 3°&4°GuL.4. C.93. APPENDIX. 365 3° & 4" GuL. 4. Cap. 93. An Act to regulate the Trade to China and India. [28th August 1833.] WHEREAS the exclusive Right of trading with the Donii- China and iiions of the Emperor of China, and of trading in Tea, now India. enjoyed by the United Company of iVIerchants of England ' " trading to the East Indies, will cease from and after the Twenty-second Day of April One thousand eight hundred and thirty-four : And whereas it is expedient that the Trade with China, and the Trade in Tea, should be open to all His Majesty's Subjects, and that the Restrictions imposed on the Trade of His Majesty's Subjects with Places beyond the Cape of Good Hope to the Streights of Magellan, for the Purpose of protecting the exclusive Rights of Trade heretofore enjoyed by the said Company, should be removed : Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Autho- rity of the same, That from and after the said Twenty-second Repeal of the Day of ^jor«7 One thousand eight hundred and thirty-four an Aet4G.4.c.80. Act passed in the Fourth Year of the Reign of His late Majesty except as herein King George the Fourth, intituled An Act to consolidate and 'mentioned. amend the several Laws now in force with respect to Trade from and to Places tvithin the Limits of the Charter of the East India Company, and to make further Provisions with respect to such Trade, and to amend an Act of the present Session of Parlia- ment, for the registering of Vessels, so far as it relates to Vessels registered in India, shall be repealed, except such Parts (1) tiiereof as relate to Asiatic Sailors, Lascars, being Natives of the Territories under the Government of the East India Com- pany, but so as not to revive any Acts or Parts of Acts by the said Act repealed ; and except also as to such Voyages and Adventures as shall have been actually commenced under the Authority of the said Act; and except as to any Suits and Proceedings which may have been commenced, and shall be depending on the said Twenty-second Day o^ April One thou- sand eight hundred and thirty-four ; and from and after the said Twenty-second Day oi April One thousand eight hundred and thirty-four the Enactments herein-after contained shall come into operation. Sect. 2. And be it further enacted, That so much of an Act Repeal of Pro- passed in the Sixth Year of the Reign of His late Majesty l»ih'tions "pon (1) For tlie Clauses saved, see Appendix 4 Gko. 4. c. 80. §§ 20, 21. 23. '25. to 34. 366 China and Inoia. the Importation of Tea and Goods from China, imposed byfiG.4.c. 107. andGG.4.c.lH. APPENDIX. .'>'k4-"GuL. 4-. C.93. All British Sub- jects may carry on Trade be- yond the Cape of Good Hope to tlie Streights of JMagellan. List of Persons on board any Ship arriving in India to be deli- vered to Officers of Customs. Penalty for Neglect, 100/. Penalties how recoverable. King George. i\\c Fourth, intitulod An Act for the general Jiegti- fafion of f/ie Cusfonis, as pioliihits th • Jinportation of Tea, unless I'rosii f!i(^ ]'Iac(> of its (iiowtii, and hy llm Jutst f/idin Coni])any, and into flic Port of /.o?/(/o« ,- and also so much of the said Act as ])r{)hil)it.s the Importation into tiie United King- dom of Goods from C7i///n, unless by the ISast India Company, and into the Port o^ Londo7i ; and also so much of the said Act as roquires that the Manifests of Siiips departing from Places in China shall be authenticated by tlie Chief Supercargo of the JEast India. Com]jany ; and also that so much of anothe:* Act passed in the said Sixth Year of the Reign of His said late JVIajesty King George the I'ourth, iritituled An Act to regulate the Trade of the I'iritish Possessions Abroad, as prohibits the Importation of Tea into any of the Sritish Possessions in America, and into the Island of Mauritius, except from the United Kingdom, or froni some other British Possessions in America, and unless by the East India Company or with their Licence, shall be, from and after the Twenty-second Day of April One thousand eight hundred and thirty-four, repealed ; and thenceforth (notwithstanding any Provision, Enactment, Matter, or Thing made for the Purpose of protecting the ex- clusive Rights of Trade heretofore enjoyed by the said Com- pany, in any Charter of the said Company, in the said Act or any other Act of Parliament contained,) it shall be lawful for any of His Majesty's Subjects to carry on Trade Avith any Countries beyond the Cope of Good Hoi^e to the Streights of Magellan. Sect. 3. Provided always, and be it enacted. That the Person having the Command of any Ship or Vessel arriving at any Place in the Possession of or under the Government of the said Company shall make out, sign, and deliver to the principal Officer of the Customs, or other Person thereunto lawfully authorized, a true and perfect List, specifying the Names, Capacities, and Description of all Persons who shall have been on board such Ship or Vessel at the Time of its Arrival; and if any Person having the Command of such Ship or Vessel shall not make out, sign, and deliver such List, he shall forfeit One hundred Pounds, one Half Part of which Penalty shall belong to such Person or Persons as shall inform or sue for the same, and tiie other Half Part to the said Company ; and if the said Company shall inform or sue for the same, then the whole of the said Penalty shall belong to the said Company. Sect. 4<. And be it enacted. That the Penalty or Forfeiture aforesaid shall be recoverable by Action of Debt, Bill, Plaint, or Information in any of His Majesty's Courts of Record in the United Kingdom of Great Britain and Ireland, and in India 5 3'^&4.'GuL.1.. C.93. APPENDIX. 367 or elsewhere, or in any Courts in India to whicli Jurisdiction China and may hereafter be given by the Governor General of India in India. Council in that Behalf, to be counnenced in the County, Presi- dency, Colony, or Settlement where the Offender may hap])eu to be ; or by Conviction in a simimary Way before Two Justices of the Peace in the United Kingdom, or in India, of the County or Presidency where such Offender may happen to be ; and upon such Conviction the Penalty or Forfeiture aforesaid shall and may be levietl by Distress and Sale of the Goods and Chattels of the Offender; and for Want of sucii sufticient Distress every such Offender may be committed to the Common Gaol or House of Correction for the Space of Three Calendar Months. Sect. 5. And whereas it is expedient for the Objects of Three Super- Trade and amicable Intercourse with the Dominions of the '"tendents of Emperor of China that Provision be made for the Establish- the Clmm Trade p -n-'iAi. • 1 -iT-w •■ 1 •. to be appointed, ment oi a British Authority m the said Dommions; be it therefore enacted, That it shall and may be lawful for His Majesty, by any Commission or Commissions or Warrant or Warrants under His Royal Sign Manual, to appoint not exceeding Three of His Majesty's Subjects to be Superin- tendents of the Trade of His Majesty's Subjects to and from the said Dominions, for the Purpose of protecting and pro- moting such Trade, and by any such Commission or Warrant as aforesaid to settle such Gradation and Subordination among the said Superintendents (One of whom shall be styled the Chief Superintendent), and to appoint such Officers to assist them in the Execution of their Duties, and to grant such Salaries to such Superintendents and Officers, as His Majesty shall from Time to Time deem expedient. Sect. 6. And be it enacted, That it shall and may be lawful His ]\rajesty In for His Majesty, by any such Order or Orders, Commission or Council may Commissions, as to His Majesty in Council shall appear 'f^'^O'-''?'"^^"'^ expedient and salutary, to give to the said Superintendents, or to have force any of them. Powers and Authorities over and in respect of the in China; Trade and Commerce of Ilis Majesty's Subjects within any Part of the said Dominions ; and to make and issue Directions and issue Re- and Regulations touching the said Trade and Commerce, and gulationstouch- for the Government of His Majesty's Subjects within the said ^"S ^^^"^ Trade ; Dominions; and to impose Penalties, Forfeitures, or Imprison- ments for the Breach of any such Directions or Regulations, to be enforced in such Manner as in the said Order or Orders shall be specified ; and to create a Court of Justice and create a with Criminal and Admiralty Jurisdiction for the Trial of Courtof Justice Offences committed by His Majesty's Subjects within the said ^^^'"'^^°^ Dominions, and the Ports and Havens thereof, and on the Offences in that High Seas within One hundred Miles of the Coast o^ China ; 368 China and India. APPENDIX. 3" [° 1'"- . ■. n . 1 » I' Tr. -TTT-jj- ,^ T^ .1 1 vilejjes jriven bv the said first-recited Act of King William the tourth, as also 55 g. 3" c. lie', all other Ships or Vessels so as aforesaid described in the said Act of the Fifty-fifth Year of the Reign of King George the Third, shall have and enjoy the same Privileges as were thereby given to such Ships or Vessels. Sect. 2. And be it enacted, That for all Purposes of Indem- This Act to nity and Discharge from all Actions, Suits, Prosecutions, ''ave the same Penalties, Forfeitures, Disabilities, or Impediments, and for all ^'°p'' ^^ Purposes of confirming and giving Validity to all Sales, Assign- • • c- ments, Mortgages, Contracts, Engagements, Bonds, Policies of Assurance, Gifts, Bequests, Rights, Titles, Interests, Matters, and Things whatsoever, which but for the said recited Repeal of the said Privileges would have been valid and effectual in Law, and for all other beneficial Purposes whatever, this Act shall have the same Force and Effect as if the said Act of the Fifty-fifth Year of the Reign of King George the Third had never been repealed. Sect. 3. And be it enacted, That it shall be lawful for the Governor Governor General of India in Council, by Proclamation, to General enabled declare that all Ships or Vessels built or to be built within the *» declare what Limits of the Charter of the East India Company, being owned '^d^'^^fi ^ by Her Majesty's Subjects for whom the said Governor General British in Council has Power to legislate, and belonging, under the Regulations heiein-after i)rovided for, to any Ports in the Territories under the Government of the said Company, shall 380 APPENDIX. 30 & 4.0 Vict. c. 56. China and India. Ships belonging to Native Powers may be admitted to Privileges of British Ships. Giving legal Validity to Acts of Governors of Presidencies for regulating Trade. be deemed to be British Ships for all the Purposes of Trade within the said Limits, including the Cape of Good Hope and the Territories and Dependencies thereof; provided that upon such Declaration being made the said Governor General in Council shall, and the said Governor General in Council is hereby accordinglj' empowered to make Regulations to be enforced by suitable Penalties concerning the registering, licensing, and ascertaining tlie Admeasurement of tlie Tonnage and Burden, and generally for tlie Trading within the Limits aforesaid of such Ships or Vessels, any thing in any Act to the contrary notwithstanding ; which Regulations shall be of equal Force and Effect with any Laws and Regulations which the said Governor General in Council is authorized to make, but shall be subject to Disallowance and Repeal, and shall in the same Manner be transmitted to England, and be laid before both Houses of Parliament, as in the Case of any other Laws or Regulations which the said Governor General in Council is now by Law empowered to make. Sect. 4<. And whereas it may be expedient to admit to similar Privileges and Advantages any Ships or Vessels belonging to Native Princes or States in subordinate Alliance with or having subsidiary Treaties with the East India Company, or owned by Subjects of any such Princes or States ; be it therefore enacted. That the Governor General of India in Council may by such Regulations as aforesaid, such Regulations being subject as aforesaid, admit to the Privileges and Advantages of British Ships, for the Purposes of Trade within the Limits of the Charter of the said Companj', including the Cape of Good Hope and the Territories and Dependencies thereof, or to any of such Privileges and Advantages, any Ships or Vessels belonging to such Princes or States or any of them, or owned by Subjects of any such Princes or States ; but any such Regu- lations shall provide for the granting to such Ships or Vessels fit and convenient Licences or Passes, and generally for the Trading within the Limits aforesaid of such Ships or Vessels. Sect. 5. And whereas Vessels exceeding the Burden of Three liundred and fifty Tons, built in Ports within the Limits of the East India Company's Charter since the First Day oi Januanj One thousand eight hundred and sixteen, and owned by British Subjects, and Vessels built in Ports within the Limits aforesaid, owned by Native Princes or States in subordinate Alliance with or having subsidiary Treaties with the East India Company, or by the Subjects of such Princes or States, may have hereto- fore engaged and may be now engaged in Trade within such Limits, under some Licence, Authority, or Sanction of the respective Governments of the several Presidencies in India; and it is expedient that full legal Validity and Effect should be given to all Acts of the said Government respectively in refe- 3" & ¥' Vict. c. 56. APPENDIX. 381 rence to any Trading ; be it therefore enacted, That all Acts Chiha and and Documents whatever done, given, or issued by any of the India. said Governments in reference to the Trading of the Two Classes of Vessels last herein-before mentioned shall be deemed and construed to have had for all Purposes full legal Validity and Effect from the respective Times when such Acts and Documents may have been done, given, or issued respectively, and shall for all Purposes continue to have such Validity and Effect until the Governor General of India in Council shall make other Provisions in respect of the trading of such Classes of Vessels respectively under the Authority of this Act. Sect. 6. And whereas Doubts have been entertained whether Provisions of the Provisions and Remedies enacted and contained in an Act Act for regis- passed in the Session held in the Third and Fourth Years of taring British the Reign of His late Majesty King William the Fourth, inti- fj^p^^ce in"^^ tuled An Act for the registeri7ig of British Vessels, in Cases of j^^st Indian the wilful Detention and Refusal to deliver up the Certificate Territories, of the Registry of any Ship or Vessel to the proper Officer or other Persons authorized and entitled in that Behalf, as in the said last-mentioned Act is specified, extend to and are in force in the Territories under the Government of the East India Company ; and it is expedient that such Doubts should be removed ; be it therefore declared and enacted. That the said several Provisions and Remedies in the said last-mentioned Act contained touching the wilful Detention of such Certificate of Registry, or the absconding of any Person in possession of the same, shall be deemed and taken to extend to and shall extend to and be in force in the said Territories under the Government of the East India Company. Matters di- rected to be performed before Go- vernors of any particular Place may be performed in Presence of Governor Gene- ral of India, &c. Sect. 7. And be it enacted, That wherever in and by the said Act it is directed or provided that any Act, Matter, or Thing shall and may be done or performed by, to, or with the Gover- nor, Lieutenant Governor, or Commander in Chief of any Place where any Ship or Vessel may be registered under the Authority of the same Act, the same shall or may be done or performed in the Territories under the Government of the East India Company by, to, or with the Governor General of India in Council, or the Governor of the Presidency of Fort William in Bengal, or the respective Governors in Council or Governors of the Presidencies of Fort Saint George and Bombay, or the Governor of Prince of Wales Island, Singapore, and Malacca, or the respective resident Councillors at Singapore and Malacca, according to Circumstances, and as the Case may be. Sect. 8. And be it enacted. That in all Cases in which by For staying the said last-mentioned Act it is made lawful for any Governor, Proceedings ii Lieutenant Governor, or Commander in Chief of any of Her *''^'^*^'" Cases. Majesty's Colonies, Plantations, Islands, or Territories, and they are thereby authorized and required, if any Suit, Information, Libel, or other Prosecution or Proceeding, of any Nature or 382 APPENDIX. 3"& 4"ViCT. C.56. China AND Kind whatever, shall have been commenced or sliall hereafter India. j^^ commenced in any Court wliatever in any of the said Colonics, Plantations, Islands, or Territories respectively, touch- ing the Force and Effect of any Register gianted to any Ship or Vessel, upon a Representation made to any such Governor, Lieutenant Governor, or Commander in Chief, to cause all Pro- ceedings thereon to he stayed, as in the said last-mentioned Act is provided, it shall be lawful, in the Territories under the Government of the East hulia Company, for the Governor General of India in Council, or the Governor of the said Presidency of Fort William in Bengal, or for the respecti\'c Governors in Council or Governors of the said Presidencies of Fort Saint George and Bombay, or the Governor of Prince of Wales Island, Singapore, and Malacca, according to Circum- stances, and as the Case may be, and they are respectively authorized and required, if any such Suit, Information, Libel, or other Prosecution or Px'oceeding whatever shall have been commenced or shall hereafter be commenced in any of Her Majesty's Courts whatever, in or in any Place subordinate to the said several Presidencies, or the Government of Prince of Wales Island, Singapore, and Malacca respectively, toucliing the Force and Effect of any Register granted to any Ship or Vessel, vipon a Representation made to any such Governor General of India in Council, or Governor of the said Presi- dency of Fort ■Willia77i in Bengal, or Governors in Council or Governors of the said Presidencies of Fort Saint George and Bombay respectively, or such Governor of Prince of Wales Island, Singapore, and Malacca, according to Circumstances, and as the Case may be, to cause all Proceedings thereon to be stayed, if he shall see just Cause so to do, until Her Majesty's Pleasure shall be known and certified to him by Her Majesty, by or with the Advice of Her Majesty's Privy Council ; and such Governor General of India in Council, or Governor of the said Presidency of Fort William in Bengal, or Governor in Council or Governor of the said Presidencies of Fort Saint George and Bombay respectively, or such Governor of Prince of Wales Island, Singapore, and Malacca respectively, is hereby required to transmit to the Court of Directors of the East India Company, to be by them forthwith forwarded to the President of the Board of Commissioners for the Affairs of India, to be laid before Her Majesty in Council, an authen- ticated Copy of the Proceedings in every such Case, together with his Reasons for causing the same to be stayed, and such Documents properly verified as he may judge necessary for the Information of Her Majesty. Construction Sect. 9. And be it enacted, That the Term " Limits of the of Term. ^'a*^ /«£?2a Company's Charter" shall for all Purposes of this Act be construed to mean all Places and Seas Eastward of the Cape of Good Hope to the Straits of Magellan. 2°&SoGuL.4.. C.90. APPENDIX. 383 2" & 3" GuL. 4. Cap. 90. An Act to authorize the Commissioners of Plis Majesty's Coals, Treasury to grant Compensation to the Inspectors and Ireland. Coal Meters of the City of Dublin, and to impose a Rate upon Coals imported into the Port of Dublin, to provide a Fund for such Compensation, [7th August 1832.] [The Objects of this Act being local and temporary it is thought to be sufficient only to notify the passing of it,] 381. APPENDIX. .5"& 6"^ Vk.t. c. 45. Repeal of former Acts; 8 Anne, c. 19. 41 G. 3. C.107. 54 G. 3. c. 156. 5-^ & G° Vict. Cap. 45. CopYKiGHT. An Act to ameud tlic Law of Copyright. [1st July 1842.] WHEREAS it is cxpodiont to amoiid the Law relating to Copyright, and to afford greater Encouragement to the Pro- duction of literary Works of lasting Benefit to the World : Be it enacted by the Queen'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 from the passing of this Act an Act passed in the Eighth Year of the Reign of Her Majesty Queen Anne, intituled An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors or Purchasers of such Copies during the Times therein mentioned ; and also an Act passed in the Forty-first Year of the Reign of His Majesty King George the Third, intituled An Act for the further Encouragement of Learning in the United Kingdom of Great Britain and Ireland, by securing the Copies and Copyright of printed Books to the Authors of sxich Books, or their Assigns, for the Time therein mentioned ; and also an Act passed in the Fifty-fourth Year of the Reign of His Majesty King George the Third, intituled An Act to amend the several Acts for the Encouragement of Learning, by securing the Cojnes and Copyright of printed Books to the Authors of such Books, or their Assigns, be and the same are hereby repealed, except so far as the Continuance of either of them may be necessary for carrying on or giving effect to any Proceedings at Law or in Equity pending at the Time of passing this Act, or for enforcing any Cause of Action or Suit, or any Right or Contract, then subsisting. Tnter]iretation Sect. 2. And be it enacted. That in the Construction of this of Act. Act the Word " Book " shall be construed to mean and include every Volume, Part or Division of a Volume, Pamphlet, Sheet of Letter-press, Sheet of Music, Map, Chart, or Plan separately published ; that the Words " Dramatic Piece " shall be con- strued to mean and include every Tragedy, Comedy, Play, Opera, Farce, or other scenic, musical, or dramatic Entertain- ment ; that the Word " Copyright " shall be construed to mean the sole and exclusive Liberty of printing or otherwise multiplying Copies of any Subject to which the said Word is herein applied ; that the Words " personal Representative " shall be construed to mean and include every Executor, Admi- nistrator, and next of Kin entitled to Administration ; that the Word " Assigns " shall be construed to mean and include every Person in whom the Interest of an Author in Copyright .^'^ &G'^ Vict. c. 4-5. APPENDIX. 385 shall be vested, whether derived from such Author before or Copyrioht. after the Publication of any Book, and whether acquired by Sale, Gift, Bequest, or by Operation of Law, or otherwise; that the Words " British Dominions " shall be construed to mean and include all Parts of the United Kingdom of Great Britain and Ireland, the Islands of Jersey and Guernsey, all Parts of the East and West Indies, and all the Colonies, Settle- ments, and Possessions of the Crown which now are or hereafter may be acquired ; and that whenever in this Act, in describing any Person, Matter, or Thing, the Word importing the Sin- gular Number or the Masculine Gender ordy is used, the same shall be understood to include and to be applied to several Persons as well as one Person, and Females as well as Males, and several Matters or Things as well as one Matter or Thing, respectively, unless there shall be something in the Subject or Context repugnant to such Construction. Sect. 3. And be it enacted. That the Copyright in every F.ndnrance of Book which shall after the passing of this Act be published in Te""!"."*" Copy- the Lifetime of its Author shall endure for the natural Life of i,"', T ^"■^V* , » , , ,. , /. 1 rri p o 1' Book hereafter such Author, and lor the furtlier 1 erm ot Seven lears, com- to be imblished mencing at the Time of his Death, and shall be the Property of in the Lifefime such Author and his Assigns: Provided always, that if the said of the Author; Term of Seven Years shall expire before the End of Fortj^-two Years from the first Publication of such Book, the Copyright shall in that Case endure for such Period of Forty-two Years ; and that the Copyright in every Book which shall be published If published after the Death of its Autho/ shall endure for the Term of ^ffr tl'e An- Forty-two Years from the first Publication thereof, and shall be *''"'"''* ^^**''- the Property of the Proprietor of the Author's Manuscript from which such Book shall be first published, and his Assigns. Sect. 4-. And whereas it is just to extend the Benefits of this In Cases of Act to Authors of Books published before the passing thereof, subsisting and in which Copyright still subsists ; be it enacted. That the C",opyright, the Copyright which at the Time of passing this Act shall subsist T"Vd '^ in any Book theretofore published (except as herein-after men- cept when it tioned) shall be extended and endure for the fidl Term provided shall belong to by this Act in Cases of Books thereafter published, and shall a" Assignee for be the Property of the Person who at the Time of passing of other Consi- this Act shall be the Proprietor of such Copyright : Provided naturaTw always, that in all Cases in which such Copyright shall belong and Aftection ; in whole or in part to a Publisher or other Person who shall in which Case' have acquired it for other Consideration than that of natural '* s^hall cease at Love and Aff'ection, such Copyright shall not be extended by ^^^^ Expiration this Act, but shall endure for the Term which shall subsist ^etm unTe? therein at the Time of passing of this Act, and no longer, its'^ExtensioTi unless the Author of such Book, if he shall be living, or the be agreed to personal Representative of such Author, if he shall be dead, between the c c 386 APPENDIX. 5" & G" Vict. c. 4.5. C'orYiiifiiiT, and the Proprietor of sucli Copyriglit, sliall, before the Expi- ration of sucli 'rcrni, consent and agroe to aeocpt the Benefits rroinictor and ^f jjjjg ^^.^ j,j j-^spcct of such Book, and shall cause a Minute of such Consent in the Form in that Behalf given in the Schedule to this Act annexed to he entered in the Book of Registry herein-after directed to be kept(l), in which Case such Copyright shall endure for the full Term by this Act provided in Cases of Books to be published after the ])assing of this Act, and shall be the Property of such Person or Persons as in such Minute shall be expressed. Judicial Com- mittee of the Pi-ivy Council maj' license tlie liepublication of Books wliicli the Proprietor refuses to re- jmblish after Death of the Author. Sect. 5. And whereas it is expedient to provide against the Suppression of Books of Imjtortance to the Public ; be it enacted, That it shall be lawful for the Judicial Committee of Her Majesty's Privy Council, on Complaint made to them that the Proprietor of the Copyright in any Book after the Death of its Author has refused to republish or to allow the Republication of the same, and that by reason of such Refusal such Book may be withlield from the Public, to grant a Licence to such Complainant to publish such Book, in such Manner and subject to such Conditions as they may think fit, and that it shall be lawful for such Complainant to publish such Book according to such Licence. Copies of Books published after the passing of this Act, and of all subsequent Editions, to be delivered within certain Times at the British Museum. Sect. 6. And be it enacted, That a printed Copy of the whole of every Book which shall be published after the passing of this Act, together with all Maps, Prints, or other Engravings belonging thereto, finished and coloured in the same Manner as the best Copies of the same shall be published, and also of any second or subsequent Edition which shall be so pub- lished with any Additions or Alterations, whether the same shall be in Letter Press, or in the Maps, Prints, or other Engravings belonging thereto, and whether the first Edition of such 15ook shall have been ])ublished before or after the passing of this Act, and also of any second or subsequent Edition of every Book of which the first or some preceding Edition shall not have been delivered for the Use of the British Museum, bound, sewed, or stitched together, and upon the best Paper on which the same shall be printed, shall, within One Calendar Month after the Day on which any such Book shall first be sold, published, or offered for Sale within the Bills of Mortality, or within Three Calendar Months if the same shall first be sold, published, or offered for Sale in any other Part of the United Kingdom, or within Twelve Calen- dar Months after the same shall first be sold, published, or offered for Sale in any other Part of the British Dominions, be delivered, on behalf of the Publisher thereof, at the British Museum. (1) See § II. 5" & 6' Vict. f. 45. APPENDIX. 387 Sect. 7. And be it enacted, That every Copy of any Book Copyright. which under tlie Provisions of this Act oniiht to be delivered as aforesaid sliall be delivered at the Bi-itish 3Ii(se7/m hetween I|'f<'<{' any Objections on which he means to rely on the Trial of such Action; and if the Nature of his Defence be, that the Plaintiff in such Action was not the Author or first Publisher of the Book in which he shall by such Action claim Copyright, or is not the Proprietor of the Copyright therein, or that some other Person than the Plaintiff was the Author or first Publisher of such Book, or is the Proprietor of the Copyright therein, then the Defendant shall specify in such Notice the Name of the Person who he alleges to have been the Author or first Publisher of such Book, or the Proprietor of the Copyright therein, together with the Title of such Book, and the Time when and the Place where such Book was first published, other- wise the Defendant in such Action shall not at the Trial or Hearing of such Action be allowed to give any Evidence that the Plaintiff in such Action was not the Author or first Publisher of the Book in which he claims such Copyright as aforesaid, or that he was not the Proprietor of the Copyright therein ; and at such Trial or Hearing no other Objection sliall be allowed to be made on behalf of such Defendant than the Objections stated in such Notice, or that any other Person was the Author or first Publisher of such Book, or the Proprietor of the Copyright therein, than the Person specified in such Notice, or give in Evidence in support of his Defence any other Book than one substantially corresponding in Title, Time, and Place of Pub- lication with the Title, Time, and Place specified in such Notice. No Person. Sect. 17. And be it enacted, That after the passing of this except the Pro- ^^^^l^ j^ shall not be lawful for any Person, not being the Pro- I 5" & 6" Vict. c. 45. APPENDIX. 391 prietor of the Copyright, or some Person authorized by liini, CopyRioHT. to import into any Part of the United Kingdom, or into any other Part of the British Dominions, for Sale or Hire, any P/";!"/' ""' i)rinted Book first composed or written or printed and published ? f .V"'^^'^-.- , in any Part oi the said United Kingdom, wherein there shall be Dominions for Copyright, and re-printed in any Country or Place whatsoever Sale or Hire out of the British Dominions ; and if any Person, not being any Book first such Proprietor or Person authorized as aforesaid, shall import composed, &c. or bring, or cause to be imported or brought, for Sale or Hire, United Kin?- any such printed Book, into any Part of the British Dominions, ^Qy^■^^ anj j-e- contrary to the true Intent and Meaning of this Act, or shall printed else- knowingly sell, publish, or expose to Sale or let to Hire, or where, under have in his Possession for Sale or Hire, any such Book, then Penalty of For- every such Book shall be forfeited, and shall be seized by any ^ ^ f ' ^ t„,' „ _, •' _ _, T-. • II 1 11 1 1 1 ^"^ also 01 \oi. Omcer oi Customs or Kxcise, and the same shall be destroyed and Double the by such Officer ; and every Person so offending, being duly Value. convicted thereof before Two Justices of the Peace for the Books may be County or Place in which such Book shall be found, shall also seized by Offi- for every such Offence forfeit the Sum of Ten Pounds, and cers of Custom* Double the Value of every Copy of such Book which he shall '^^ "cise. so import or cause to be imported into any Part of the British Dominions, or shall knowingly sell, publish, or expose to Sale or let to Hire, or shall cause to be sold, published, or exposed to Sale or let to Hire, or shall have in his Possession for Sale or Hire, contrary to the true Intent and Meaning of this Act, Five Pounds to the Use of such Officer of Customs or Excise, and the Remainder of the Penalty to the Use of the Proprietor of the Copyright in such Book. Sect. 18. And be it enacted. That when any Publisher or other As to the Copy- Person shall, before or at the Time of the passing of this Act, "g^t in Ency- have projected, conducted, and carried on, or shall hereafter clopa;dias, Pe- project, conduct, and carry on, or be the Proprietor of any \vq,.j.j. ^^^. Encyclopgedia, Review, Magazine, Periodical Work, or Work Ushed in a published in a Series of Books or Parts, or any Book what- Series, Reviews, soever, and shall have employed or shall employ any Persons or Magazines, to compose the same, or any Volumes, Parts, Essays, Articles, or Portions thereof, for Publication in or as Part of the same, and such Work, Volumes, Parts, Essays, Articles, or Portions shall have been or shall hereafter be composed under such Employment, on the Terms that the Copyright therein shall belong to such Proprietor, Projector, Publisher, or Conductor, and paid for by such Proprietor, Projector, Publisher, or Con- ductor, the Copyright in every such Encyclopaedia, Review, Magazine, Periodical Work, and Work published in a Series of 13ooks or Parts, and in every Volume, Part, Essay, Article, and Portion so composed and paid for, shall be the Property of such Proprietor, Projector, Publisher, or other Conductor, who shall enjoy the same Rights as if he were the actual Author thereof, and shall have such Term of Copyright therein c c 4 39-2 APPENDIX. .5" & G" Vicr. c. 4-5. CoPTKHJirr. as is given to the Authors of Hooks by tliis Act; except only tliat in the Case of Essays, Articles, or Portions forming Part of and first pnhHsherl in Reviews, Magazines, or otlier Periodical Works of a like Nature, after the Term of Twenty-eight Years from the first Publication thereof respectively the Right of publishing the same in a separate Form shall revert to the Author for the Remainder of the Term given by this Act : Pro- vided always, that during the Term of Twenty-eight Years the said Proprietor, Projector, Publisher, or Conductor shall not publish any such Essay, Article, or Portion separately or singly without tlie Consent previously obtained of the Author thereof, or his Assigns: Provided also, that nothing herein contained sliall alter or affect the Right of any Person who shall have been or M'ho shall be so employed as aforesaid to publish any such "i r i^- ♦!. ;, bis Comi)osition in a separate Form, who by anv Contract, express or im])lied, may have reserved or may hereafter reserve to himself such Right; but every Author reserving, retaining, or having such Right shall be entitled to the Copyright in such Composition when published in a separate Form, according to this Act, without Prejudice to the Right of such Proprietor, Projector, Publisher, or Conductor as aforesaid. Proviso for Aiitliors who liavp reserved the Ri''ht of Articles in sejjarate Form Proprietors of Kiicycliipa'ilias, Periodii als, and Works pub- lished in a Series, may enter at once at Stationers Hall, and thereon h^ve the Benefit of the Regis- tration of the whole. Sect 19. And be it enacted. That the Proprietor of the Copyright in any Encyclopaedia, Review, Magazine, Periodical Work, or other Work published in a Series of Books or Parts, shall be entitled to all the Benefits of the Registration at Stationers Hall under this Act, on entering in the said Book of Registry the Title of such Encyclopaedia, Review, Periodical Work, or other Work published in a Series of Books or Parts, the Time of the first Publication of the First Volume, Numfct^r, or Part thereof, or of the I'^irst Number or Volume first puhy- lished after the passing of this Act in any such Work which shall have been published heretofore, and the Name and Place of Abode of the Proprietor thereof, and of the Publisheir thereof, when such Publisher shall not also be tiie Proprietor thereof. Tlic Provisions orr(c^4 VV, 4. c. 1 5. extended to Musical Compositions, ,ind the Term ot Copyright, as jirovided by this Act, applied to tiie Liberty of representing Dramatic Pieces and Musical Coni- poiiiiuu^ Sect. 20. And whereas an Act was passed in the Third Year of the Reign of His late Majesty, to amend the Law relating to Dramatic Literary Property, and it is expedient to extend the Term of the sole Liberty of representing Dramatic Pieces given by that Act to the full i ime by this Act provided for the Con- tinuance of Copyright : And whereas it is expedient to extend to Musical Compositions the Benefits of that Act, and also of this Act ; be it therefore enacted, That the Provisions of the said Act of His late Majesty, and of this Act, shall apply to Musical Compositions, and that the sole Liberty of representing or performing, or causing or permitting to be represented or performed, any Dramatic Piece or Musical Composition, shall tijdure and be the Property of the Author thereof, and his 5" & 6" Vict. c. 45. APPENDIX. 393 Assigns, for the Term in this Act provided for the Duration of Copyright in Books ; and the Provisions herein-before enacted in respect of the Property of such Copyright, and of registering the same, shall apply to the Liberty of representing or perform- ing any Dramatic Piece or Musical Composition, as if the same were herein expressly re-enacted and applied thereto, save and except that the first public Representation or Performance of any Dramatic Piece or Musical Composition shall be deemed equivalent, in the Construction of this Act, to the first Publica- tion of any Book : Provided always, that in case of any Dramatic Piece or Musical Composition in Manuscript, it shall be sufiicient for the Person having the sole Liberty of representing or per- forming, or causing to be represented or performed the same, to register only the Title thereof, the Name and Place of Abode of the Author or Composer thereof, the Name and Place of Abode of the Proprietor thereof, and the Time and Place of its first Representation or Performance. CoryuioHT, Sect. 2L And be it enacted, That the Person who shall at any Time have the sole Liberty of representing such Dramatic Piece or Musical Composition shall have and enjoy the Re- medies given and provided in the said Act of the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, passed to amend the Laws relating to Dramatic Literary Property, during the whole of his Interest therein, as fullv as if the same were re-enacted in this Act. Proprietors of Right of Dra- matic Repre- sentations shall have all the Remedies given by 3&4W.4. c. 15. Sect. 22. And be it enacted, That no Assignment of the Assignment of Copyright of any Book consisting of or containing a Dramatic Copynjjht of a Piece or Musical Composition shall be holden to convey to the ^'■=""'**'<= ^'iece .. ^iiTi^£> i- c • I nt>' to convey Assignee the Right ot representing or perlorming such t^^ uio-ht of Dramatic Piece or Musical Composition, unless an Entry in the Representation. said Registry Book shall be made of such Assignment, wherein shall be expressed the Intention of the Parties that such Right should pass by such Assignment. Sect. 23. And be it enacted. That all Copies of any Book wherein there shall be Copyright, and of which Entry shall have been made in the said Registry Book, and which shall have been unlawfully printed or imported without tiie Consent of the registered Proprietor of such Copyright, in Writing under his Hand first obtained, shall be deemed to be the Property of the Proprietor of such Copyright, and who shall be registered as such, and such registered Proprietor shall, after Demand thereof in Writing, be entitled to sue for and recover the same, or Damages for the Detention thereof, in an Action of Detinue, from any Party who shall detain the same, or to sue for and recover Damages for the Conversion thereof in an Action of Trover. Books pirated shall become the Property of the Proprietor of the Copy- right, and may be recovered by Action. ,S9i APPENDIX. 5'n of any Print, nor the Maker of any Article of Sculpture, or of Comifr'ies not such other Work of Art as aforesaid, which shall after the entitled to passing of this Act be first published out of Her Majesty's Copyright Dominions, shall have any Copyright therein respectively, or except under any exclusive Right to the public Representation or Perform- ^ ance thereof, otherwise than such (if any) as he may become entitled to under this Act. ^ Sect. 20. And be it enacted, That in the Construction of this Interpretation Act the Word " Book " shall be construed to include " Volume," Clause. " Pamphlet," " Sheet of Letter Press," « Sheet of Music," " Map," " Chart," or " Plan ;" and the Expression " Articles of Sculpture " shall mean all such Sculptures, Models, Copies, and Casts as are described in the said Sculpture Copyright Acts, and in respect of which the Privileges of Copyright are thereby conferred ; and the Words " printing," and " re-printing," shall include engraving and any other Method of multiplying Copies ; and the Expression " Her Majesty " shall include the Heirs and Successors of Her Majesty ; and the Expressions " Order of Her Majesty in Council," " Order in Council," and " Order," shall respectively mean Order of Her Majesty acting by and with the Advice of Her Majesty's Most Honourable Privy Council ; and the Expression " Officer of the Company of Stationers " shall mean the Officer appointed by the said Com- pany of Stationers for the Purposes of the said Copyright Amendment Act ; and in describing any Persons or Things any Word importing the Plural Number shall mean also One Person or Thing, and any Word importing the Singular Number shall include several Persons or Things, and any Word importing the Masculine shall include also the Feminine Gender ; unless in any of such Cases there shall be something in the Subject or Context repugnant to such Construction. Sect. 21. And be it enacted. That -this Act may be amended Act may be or repealed by any Act to be passed in this present Session of repealed this Parliament. Session. D D 4 408 APPENDIX. 7"& 8" Vict. c.73. ' CoPVllUMIT, "INTER NATION A r., DuTVON Books. 7" & 8" Vict. Cap. 73. reduce, under ccrtiiin Circumstances, the A&6 Vict. 0.47. 7&8Vict. C.I 2. An Act to Duties payable upon Books and Engravings. [6th Aiif/iist 1844.] WHEREAS by an Act passed in the Session of Parliament held in the Fifth and Sixth Years of Her present Majesty, intituled An Act to mncnd the Lmvs relating to the Customs, certain Duties of Customs were jj;ranted and made payable upon Books and Prints of or from Foreign Countries: And whereas by an Act passed in the present Session of Parliament, intituled An Act to amend the Lata relating to International Copyright, it is amongst other things enacted, that it shall be lawful for Her Majesty, by any Order in Council, to grant unto the Authors, Inventors, Designers, Engravers, or Makers of any Books, Prints, or other Works of Art first published in any Foreign Country specified in such Order, the Privilege of Copyright therein for certain Periods, and under certain Con- ditions, in the said last-mentioned Act defined and contained: And whereas it is expedient that Provision should be made in the Manner herein-after mentioned for reducing, in Cases where Her Majesty shall have issued any such Order in Council as aforesaid, the Duties of Customs now payable on the Impor- tation of Books and Prints : Be it therefore enacted by the Queen'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 whenever and so often as Her Majesty shall by virtue of the said recited Power, by any Order or Orders in Council, declare that the Authors, Inventors, Designers, Engravers, or Makers of any Books, Prints, or other Works of Art first published in any Foreign Country shall have the Privilege of Copyright therein, then and in every such Case it shall be lawful for Her Majesty, by any Order or Orders in Council, to declare that in respect of Books and Prints, or cither of them, published in and imported from such Foreign Country, the Duties of Customs now payable on the Importa- tion of Books and Prints respectively shall, from and after a Time to be named in -such Order or Orders, altogether cease and determine ; and that in lieu thereof there shall be payable on such Books or Prints respectively, from and after such Time as aforesaid, only such Duties of Customs as are set forth in the Schedule to this Act annexed. and may reduce Sect. 2. And be it enacted, That with regard to Books and the Duties on Prints published in and imported from any Foreign Country, between which Country and Her Majesty there is now sub- Her Majesty, by Order in Council, may reduce the Du- ties on Foreign Books and Prints in Cases in which Copy- right is allowed to the Country of Export under V&SVict.c.ie.; Books and 7" & 8" Vict, c.1% APPENDIX. 409 Copyright, international, Duty ON Books. Prints in favour of C'oiintric-s with which Her Majesty has Treaties of Reciprocity. If any Treaty be conditional, Order to state tlie P"iilfihnent of the Condi- tion. sisting, and shall at the Time of tlie making of any sucli Order in Council as is herein-after described subsist, any Treaty or Convention binding Her Majesty to admit the Books and Prints of such Country, either conditionally or unconditionally, into the United Kingdom, on the same Terms as those of the most favoured Nation, it shall be lawful for Her Majesty, by any Order or Orders in Council, to declare that in respect of Books and Prints, or either of them, published in and imported from such Foreign Country, the Duties of Customs now payable on the Importation of Books and Prints respectively shall, from and after a Time to be named therein, altogether cease and determine, and that in lieu thereof there shall be payable on the Importation of such Books or Prints respectively, from and after such Time as aforesaid, only such Duties of Customs as are set forth in the Schedule to this Act annexed : Provided always, that in case the Privileges granted by any Treaty to any Foreign Country, in respect of which any such Order or Orders in Council as last aforesaid shall by virtue of this Enactment be issued, shall have been granted conditionally, such Order shall expressly declare that such Foreign Country liath duly fulfilled the Conditions required in return for such Privileges, and that it is entitled thereto. Sect. 3. And be it enacted. That it shall be lawful for Her Power to Her Majesty, by any further Order or Orders in Council, from Majesty in Time to Time to revoke the whole or any Part of any Order or Orders issued by Her Majesty in Council under the Authority Qj.j" of this Act ; and that from and after a Day to be named in such Order or Orders of Revocation such Order or Orders issued under the Authority of this Act, or such Part thereof as shall be specified in such Order or Orders of Revocation, shall cease and determine, and that the Duties of Customs now payable upon Books and Prints respectively shall be payable in like Manner as if such Order or Orders, or such Part or Parts thereof respectively, had not been made. Sect. 4. And be it enacted, That every Order or Orders in Orders to be Council issued under the Authority of this Act shall, within Published in Fourteen Days after the issuing thereof, be twice published in ^ '*^ Gazette ; the London Gazette. Sect. 5. And be it enacted, That a Copy of every Order or and to be laid Orders in Council issued under the Authority of this Act shall before Parlia- be laid before both Houses of Parliament within Six Weeks ™^"*' after issuing the same, if Parliament be then sitting, and if not then within Six Weeks after the Commencement of the then next Session of Parliament. Sect. 6. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in the present Session of »"i*^'«led this Parliament. ^*^'''""- Council to revoke any lers. 410 APPENDIX. 7" & S" Vict. c. 73. Copyright, iNTKRNATioNAL, SCHEDULE to wlilcli the foregoing Act refers. Duty ON Books. "'to^ Books ; viz. Works in the Language or Languages of the s. d. Country of Export, originally produced therein, or original Works of that Country in the dead Languages, or other Works in the dead Languages with original Commentaries pro- duced in that Country - - the Cwt. 15 All other Works published in the Country of Export, if printed prior to the Year 1801 - - - the Cwt. 20 If printed in or since the Year 1801 - - - the Cwt. 50 Prints and Drawings, plain or coloured, single - - - - each 0^ Ditto - bound or sewn - the Dozen l| 5" Vict. Sess. 2. c. 14. APPENDIX. 41 1 -,-.. ^, ^ • - Corn. 5° Vict. Sess. 2. Cap. 14. An Act to amend the Laws for the Importation of Corn. [29th April 1842.] WHEREAS an Act was passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled A71 Act to amend the Laws relating to the Importation of Corn : 9 G. 4. c. 60. And whereas it is expedient that the said Act should be repealed, and that new Provisions should be made in lieu thereof; be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- ment assembled, and by the Authority of the same. That the Recited Act said Act shall be and the same is hereby repealed : Provided ''epealed. nevertheless, that all Acts or Parts of Acts which by virtue of the above-recited Act were repealed shall still be deemed and taken to be and remain repealed. II. And whereas it is expedient that Corn, Grain, Meal, and Com, &e. may Flour, the Growth, Produce, and Manufacture of any Foreign )^J^^Yorl\n Country, or of any British Possession out of Europe, should be Comitries and allowed to be imported into the United Kingdom for Con- from the Bri- sumption, upon the Payment of Duties to be regulated from tish Possessions Time to Time according to the average Price oi British Corn out of Europe, made up and published in manner herein-after required (1) ; be °" Payment of it therefore enacted, That from and after the passing of this cified hi the ' Act there shall be levied and paid to Her Majesty upon all Table to this Corn, Grain, Meal, or Flour entered for Home Consumption in Act. the United Kingdom from Parts beyond the Seas, the several Duties specified and set forth in the Table annexed to this Act ; and that the said Duties shall be raised, levied, collected, and paid in such and the same Manner in all respects as the several Duties of Customs mentioned and enumerated in the Table of Duties of Customs Inwards annexed to an Act passed in the Session of Parliament held in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for granting Duties of Customs, herein-after 3&4W.4. c.o6. referred to as the Customs Duties Act, and by virtue and in pursuance of the saveral Powers and Provisions in that Act contained, and in the Acts amending the same, and not other- wise. (2) (1) See § 28. (2) The Act 3 & 4 W. 4. c. 56. has been repealed, but by 8 & 9 Vict, c. 90. § 3. the Duties on Corn are to be levied in the same Manner as the Duties in that Act. 412 Corn. Repeal of 5i\6W.4.c.ia. imposing tlie same Duties on the Importation of Foreign Corn into the Isle of Man as into the United King- dom, under 9G. 4. c GO. APPENDIX. .3" Vict. Sess. '2. c. It. Foreign Corn imported into the Isle of Man to pay the same Duties as are imposed by this Act on Foreign Corn imported into the United Kingdom. 3&4W.4.C.G0. Actions, 8ic. for Breach of Pro- visions of Acts hereby repealed, or for Duties payable under them, may be proceeded with. III. And wliercas by an Act passed in the Session of l*arlia- nipnt held in tlie Fifth and Sixth Years of His late Majesty K'lup; William the Fourth, intituled An Act to regulate the Im- portation of Corn into the Isle of Man, it was enacted, that it should not be lawful to import into the Isle of Man any Foreign Corn, Grain, Meal, or Flour, except upon Payment of the same Duties as were by the said recited Act of the Nintli Year of His late Majesty King George the Fourth made payable on the Importation into the United Kingdom of Corn, Grain, Meal, or Flour, which Duties were by the said Act now in recital directed to be ascertained, levied, and paid as therein is men- tioned : And whereas it is expedient that the Duties payable on Foreign Corn, Grain, Meal, or Flour imported into the Isle of Man should be the same as those payable on the Importation of Foreign Corn, Grain, Meal, or Flour into the United King- dom, and that for this Purpose the said recited Act for regulating the Importation of Corn into the Isle of Man should be repealed, and such Provision should be made in that Behalf as herein-after is contained ; be it therefore enacted, That the said recited Act regulating the importation of Corn into the Isle of Man shall be and the same is hereby repealed ; and that from and after the passing of this Act it shall not be lawful to import into the Isle of Man any Foreign Corn, Grain, Meal, or Flour, except upon Payment of the same Duties as are by this Act made payable upon Corn, Grain, Meal, or Flour imported from any Foreign Country, and entered for Home Consumption in the United Kingdom ; and such Duties shall be levied, collected, and paid in such and the same Manner as if the same had been imposed by an Act passed in the Session of Parliament held in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, inti- tuled An Act for regulating the Trade with the Isle of Man. IV. Provided always, and be it enacted. That all Actions, Suits, and Prosecutions now depending or hereafter to be brought, for or by reason of any Breach or Nonperformance of any of the Provisions of the said Acts hereby repealed, or either of them, or for the Recovery of any Duties or Sums of Money payable under or by virtue of the same Acts, or either of them, shall and may be proceeded with as fully and effec- tually to all Intents and Purposes as if this present Act had not been made. Regulations to be observed on shipping Corn fromany British Possession out of Europe. Sect. 5. Provided always, and be it enacted, That no Corn, Grain, Meal, or Flour shall be shipped from any Port in any British Possession out of Europe as being the Produce of any such Possession until the Owner or Proprietor or Shipper thereof shall have made and subscribed, before the Collector or other Chief Officer of Customs at the Port of Shipment, a Declaration in Writing, specifying the Quantity of each Sort of 5"VicT. Sess.2. c. 14: APPENDIX. 413 such Corn, Grain, Meal, or Flour, and that the same was the Cokn. Produce of some British Possession out of Europe to be named in such Declaration, nor until such Owner or Proprietor or Shipper sliall have obtained from the Collector or other Chief Officer of the Customs of the said Port a Certificate, under his Signature, of the Quantity of Corn, Grain, Meal, or Flour so declared to be shipped ; and before any Corn, Grain, Meal, or Flour shall be entered at any Port or Place in the United Kingdom as being the Produce of any British Possession out of Europe the Master of the Ship importing the same shall })ro- duce and deliver to the Collector or other Chief Officer of Cus- toms of the Port or Place of Importation a Copy of such Decla- ration, certified to be a true and accurate Copy thereof, under the Hand of the Collector and other Chief Officer of Customs at the Port of Shipment before whom the same was made, toge- ther with the Certificate, signed by the said Collector or other Chief Officer of Customs of the Quantity of Corn so declared to be shipped ; and such Master shall also make and subscribe, before the Collector or other Chief Officer of Customs at the Port or Place of Importation, a Declaration in Writing, that the several Quantities of Corn, Grain, Meal, or Flour on board such Ship, and proposed to be entered under the Authority of such Declaration, are the same that were mentioned and referred to in the Declaration and Certificate produced by him, without any Admixture or Addition ; and if any Person shall in any such Declaration wilfully and corruptly make any false State- ment respecting the Place of which any such Corn, Grain, Meal, or Flour was the Produce, or respecting the Identity of any such Corn, Grain, Meal, or Flour, such Person shall forfeit and become liable to pay to Her Majesty the Sum of One hun- dred Pounds, and the Corn, Grain, Meal, or Flour to such Person belonging on board any such Ship shall also be for- feited ; and such Forfeiture shall and may be sued for, prose- cuted, recovered, and applied in such and the same Manner in all respects as any Forfeiture incurred under and by virtue of the said Customs Duties Act. Sect. 6. Provided always, and be it enacted. That it shall not Prohibition of be lawful to import from Parts beyond the Seas into the United Importation of Kingdom, for Consumption there, any Malt, or any Coi^n ^^^'*^' °^ ^'"■" ground, except Wheat Meal, Wheat Flour, and Oatmeal ; and wh""! MeaT^* that if any such Article as aforesaid shall be imjiorted contrary wheat Flour to this Provision the same shall be forfeited ; and such For- and Oatmeal, feitures shall and may be sued for, prosecuted, recovered, and applied in sucli and the same Manner in all respects as any Forfeiture incurred under and by virtue of the said Customs Duties Act. Sect. 7. Provided always, and be it enacted, That the Com- Accounts of missioners of Her Majesty's Customs shall once in each Calen- Corn imported. 41 4- APPENDIX. .J" Vict. Scss. 2. c. li: Corn. of Corn upon wliicli Duty is paid, of the Rates of Duty, and of Corn in Warehouse, to he published montlily. «Iar Month cause; to l)e publishod in tin; Lojidon Gazette an Account of the total Quantity of each Sort of the Corn, (irain, Meal, and Flour respe^ctivcly, whieli shall have been imported into the United Kinj;doni, and also an Account of the total Quantity of each Sort of the Corn, Grain, Meal, and Flour respectively u])on which tlie Duties of Inij)ortation shall have been paid in the United Kingdom during the Calendar Month next preceding, and of the several Rates of Duty which shall from Time to Time during such Month have been payable upon each Sort of Corn, Grain, Meal, and Flour respectively, toge- ther with an Account of the total Quantity of each Sort of the said Corn, Grain, Meal, and Flour respectively remaining in Warehouse at the End of such next preceding Calendar Month. If any Foreign State shall sub- ject British Vessels, Goods, &c. to any higher Duties or Charges than are levied on the Vessels of other Countries, &c. Her Ma- jesty may pro- hibit the Im- portation of Corn from such State. Sect. 8. Provided always, and be it enacted, That if it shall be made to appear to Her Majesty in Council that any Foreign State or Power hath subjected British Vessels at any Port within the Dominions of such State or Power to any other or higher Duties or Charges whatever than are levied on national Vessels at any such Port, or hath subjected at any such Port Goods the Growth, Produce, or Manufacture of any of Her Majesty's Dominions, when imported from any of such Do- minions in British Vessels, to any other or higher Duties or Charges whatever than are levied on such or the like Goods, of whatever Growth, Produce, or Manufacture, when so im- ported in national Vessels, or hath subjected, at any Port or Place within the Dominions of such Foreign State or Power, any Article of the Growth, Produce, or Manufacture of Her Majesty's Dominions, when imported from any of such Do- minions in British Vessels or in national Vessels, to any Duties or Charges which would not be payable on the like Article being of the Growth, Produce, or Manufacture of any other Country, and imported from such other Country in national Vessels ; or that any such Foreign State or Power hath granted any Bounties, Drawbacks, or Allowances upon the Exportation from any Port or Place within the Dominions thereof of any Articles the Growth, Produce, or Manufacture of the Dominions of any other Foreign State or Power, which hath not also been granted upon the Exportation from such Port or Place of such or the like Articles being the Growth, Produce, or Manufacture of Her Majesty's Dominions; then and in any of the Cases aforesaid it shall and may be lawful for Her Majesty, by any Order or Orders to be by Her made, with the Advice of Her Privy Council, to prohibit the Importation of all or of any Sort of Corn, Grain, Meal, or Flour from the Dominions of any such Foreign State or Power; and it shall also be lawful for Her Majesty from Time to Time, with the Advice of Her Privy Council, to revoke and to renew any such Orders or Order as aforesaid, as there shall be occasion. 5 5"ViCT. Sess.2. C.14. APPENDIX. 415 Sect. 9. And whereas it is necessary, for regulating the Corn. Amount of such Duties, that effectual Provision should be made for ascertaining from Time to Time the average Prices of Weekly Ile- British Corn ; be it therefore enacted, That weekly Returns ^""""^ "^ ^"''" of the Purchases and Sales of British Corn shall be made, col- ^f q^^^ ^^ ^^ lected, and transmitted, in the Manner herein-after directed (1), jnade in the in and from the Cities and Towns named in the Schedule of Places herein- Cities and Towns annexed to this Act. after directed. Sect. 10. And be it enacted. That it shall be lawful for Her Power of ap- Majesty to appoint a fit and proper Person to be Comptroller pointing a of Corn Returns, for the Purposes herein-after mentioned, and Comptroller of to grant to such Comptroller of Corn Returns such Salary and '"^" ^ ""^"^^ Allowances as to Her Majestj'' shall seem meet : Provided always, that such Person shall be appointed to and shall hold such his Office during Her Majesty's Pleasure, and not other- wise, and shall at all Times conform to and obey such lawful Instructions touching the Execution of the Duties of such his Office as shall from Time to Time be given to him by the Lords of the Committee of Privy Council appointed for the Considera- tion of all Matters relating to Trade and Foreign Plantations. Sect. 11. And be it enacted. That the said Comptroller of Comptroller to Corn Returns shall at all Times execute the Duties of such his execute his Office in Person, and not by Deputy; but that it shall be lawful OfficeinPerson. for Her Majesty to appoint a fit and proper Person who shall ^ Deputy may act as Deputy Comptroller of Corn Returns in case of the aetTcertah/" Sickness or other Incapacity of the said Comptroller, or in case Cases, he the said Comptroller should, with the Permission of the Lords of the said Committee of Privy Council, be absent from the Duties of such his Office ; and all and every the Powers hereby vested in the said Comptroller of Corn Returns, and all and every the Acts, Matters, and Things hereby directed to be done and performed by him, shall be vested in and shall and may be done and performed by any such Deputy as aforesaid, during the Continuance of any such Sickness, Incapacity, or Absence as aforesaid of the said Comptroller of Corn Returns ; and such Deputy shall hold such his Office during Her Ma- jesty's Pleasure, and not otherwise, and shall receive and be paid such Salary and Allowances as to Her Majesty shall seem meet. Sect. 12. And be it enacted. That it shall be lawful for the Lord Mayor, Lord Mayor and Aldermen of the City of London, at a Court ^<=- *« appoint to be holden for that Purpose, and they, or the Majority of c"orn'Ref °"^ °^ them present at such Court, are hereby authorized and required, for*^the Citv'of to nominate and appoint some fit and proper Person to be In- London. (1) Sl'c §§ 17, 18. 23, 2-1, 25, 2(5, 27. 4-16 APPENDIX. 5-' Vict. Soss. 2. c. H-. Corn. spoctor of Corn Returns for the City of London ; and it shall 1k> lawful for the said Lord Major and Aldermen, from Time to Time as Oceasion may require, upon any Misbehaviour or Negleet of Duty of any such Inspector, to remove him from such his Office, by any Order to be by them made at a Court to be specially convened and holden for that Purpose ; and upon the Death, Resignation, permanent Ineaj)acity, or Re- moval of any such Inspector of Corn Returns for the City of London, it shall be lawful for the said Lord Mayor and Alder- men, at a Court to be holden for that Purpose, and they, or a Majority of them present at any such Court, are hereby autho- rized and required to nominate and appoint some fit and proper Person to succeed to the said Office. Said Inspector Sect. 13. And be it enacted, That the said Inspector of Corn to execute his Returns for the City of London shall at all Times execute the Office in Person. Dutj^jg of gych his Office in Person, and not by Deputy ; but A Deputy may jjjj^j_ jj^ ^..^^gg ^f jjjg Sickness or other temporary Incapacity of be appoinu;1. Provided always, and l>o it enacted, That all Corn (keiiieil Ihitish or (jraiii the Produce of tiie United Kingdom shall be deemed Corn. and taken to be Uritish Corn for the Purposes of this Act. If any Corn Return is be- lieved fraudu- lent, the same may be omitted ill the Com- initation. Corn Dealers having made the Declaration previous to this Act shall trans- mit Returns, and comply with the Rules lierebyrequired. Comptroller to issue Directions respecting Inspection of Books of In- spectors. Sect. 32. Provided always, and be it enacted, That if the said Comptroller of Corn Keturns shall at any Time see Cause to believe that any Keturn made to the Inspector of Corn Returns for the City of Londo7i, the City of Oxford^ or the Town of Cambridge, or to any Officer of Excise acting as Inspector of Corn Returns, or any such continuing Inspector as aforesaid, for any other City or Town as aforesaid, is fraudulent or untrue, the said Comptroller shall and he is hereby required with all convenient Expedition to lay before the Lords of the said Com- mittee of Privy Council a Statement of the Grounds of such his Belief; and if upon Consideration of any such Statement the said Lords of the said Committee shall direct the said Comp- troller to omit any such Return in the Computation of such aggregate weekly average Price as aforesaid, then and in that Case, but not otherwise, the said Comptroller of Corn Returns shall be and he is hereby authorized to omit any such Return in the Computation of such aggregate weekly average Price. Sect. 33. And be it enacted. That any Corn Factor, Dealer, or other Person who at or previously to the Time when this present Act shall come into operation shall have made the Declaration required of him in and by the said Act so passed as aforesaid in the Ninth Year of the Reign of His late Majesty King George the Fourth, shall and he or she is hereby required forthwith to make all such Returns to the Inspectors for the City of London, the City of Oxford, and the Town of Cam- bridge, and to the respective Officers of Excise acting as Inspec- tors of Corn Returns in the several other Cities and Towns aforesaid, at the respective Places appointed for receiving such Returns as aforesaid, or to such continuing Inspector of Corn Returns as aforesaid in any such other Cities or Towns, (as the Case may be,) and to perform and do all such Acts, Matters, and Things, and to comply with and observe all such Rules and Regulations, as are hereby required or directed of or in regard to Persons who have made any Declaration required of them in and by the present Act, although he or she may not have actually made such last mentioned Declaration. Sect. 34. And be it enacted, That the Comptroller of Corn Retui-ns shall and he is hereby authorized from Time to Time, in pursuance of any Instructions which he shall receive in that Behalf from the Lords of the said Committee of Privy Council, to issue to the Inspectors of Corn Returns for the City of 5" Vict. Sess. 2. c. 14. APPENDIX. 427 London, the City of Oxford, and the Town of Cambridge Corn. respectively, any general or special Directions respecting the Inspection by any Person or Persons of the Books so directed as aforesaid to be kept by such Inspector of Corn Returns ; and Inspectors not no such Inspectors for the City oi London, the City of Oxford, to permit Books or the Town of Cambridge shall permit or suffer any Person to ^".^'^ perused inspect any such Book, or to peruse or transcribe any Entry miections therein, except in compliance with some such general or special Directions from the said Comptroller of Corn Returns. Sect. 35. And be it enacted. That the Inspectors of Corn Copy of the last Returns for the City of Oxford and the Town of Cambridge Keturn to be respectively, and each and every OtRcer of Excise acting as 'i^xed on Inspector of Corn Returns, and each and every such continuing '^* 'j* m 'T t Inspector of Corn Returns as aforesaid for any City or Town j)jj„ other than the City oi London, shall and he is hereby required, on each and every Market Day, to put up or cause to be put up in the Market Place of the City or Town for which he shall act as Inspector, or if there shall be no Market Place in such City or Town then in some other conspicuous Place therein near to where the Corn Market is usually held, a Copy of the last Return made by him to the Comptroller of Corn Returns, omitting the Names of the Parties who may have sold and bought the said Corn ; and every such Officer or Inspector shall also again put up such Account on the Market Day imme- diately following that on which it shall first have been put up, in case the same shall from Accident or any other Cause have been removed, and shall take due Care that the same shall remain up for public Inspection until a new Account for the ensuing Week shall have been prepared and set up. Sect. 36. And be it enacted. That it shall be lawful for the Treasury to fix Commissioners of Her Majesty's Treasury, by any Warrant or Salaries of Warrants to be for that Purpose from Time to Time made and Inspectors, issued, to settle and allow such reasonable and moderate Salaries as shall be paid and payable to the said Inspectors of Corn Returns for the City of London, the City of Oxford, and the Town of Cambridge respectively, and to such continuing Inspectors of Corn Returns as aforesaid, for and in consider- ation of the Duties so to be performed by them : Provided always, that the Salary so to be allowed to the Inspector of Corn Returns for the City of London shall not in any One Year exceed the Sum of Three hundred Pounds, in consider- ation of which Salary he shall and is hereby required to keep and maintain a proper and convenient Apartment or Place of Business at or near to the said Corn Exciiange in Mark Lane, for transacting the Duties of such his Office, and to defray all incidental Charges and Expences of and attendant upon such his Office : Provided also, that the Salary to be granted to the Inspectors of Corn Returns for the City of Oxford and the COKN. Ror:;tilatioii as lo Paynietit of Salaries. APPENDIX. 5 > Vict. Sess. 2. c. M. Town of Cambridge respectively, and to any such continuing Inspector of Corn Returns as aforesaid for any other of tlic Cities or Towns aforesaid, sliall not exceed Tifty Pounds in any One Year for such Inspector, or a proportionate Sum for any Period less than a Year. Sect. 37. And be it enacted, That the Salary aforesaid allowed to the Inspector of Corn Returns for the said City of London shall be paid quarterly by the Receiver General of the Customs or of the Excise in or for the City o^ London ; and the Salaries which shall be allowed to the Inspectors of Corn Returns for the City of Oxford and the Town of Cambridge respectively, or to any sucli continuing Inspectors of Corn Returns as aforesaid for any City or Town other than the City of London, shall, as regards tliose Persons whose Offices or Appointments are hereby continued until the said Twenty- fourth Day of June next after the i)assing of this Act, and arc then to cease, be paid to them uj) to that Day, and as regards tlie Inspectors of Corn Returns for the City of Oxford and the Town of Cambridfje respectively, and those Persons who shall be continued in Office after the said Twenty-fourth Day of June, by virtue of the Warrant of the Commissioners of Her IMajest3''s Treasury, as herein-before is mentioned, shall be paid quarterly ; and such Salaries shall be paid by the Collectors or other Chief Officers of the Customs or Excise in or for the Cities or Towns for which such continuing Inspectors as afore- said shall be respectively acting ; provided that no such Pay- ment of Salary shall be made either to the Inspector of the Corn Returns for the City o^ London, or to any such continuing Inspector of Corn Returns as aforesaid, unless the Inspector of Corn Returns claiming the same shall first produce and deliver to the Receiver General or Collector of the Customs or Excise by whom the same is to be paid a Certificate under the Hand of the Comptroller of Corn Returns, certifying that such In- spector hath duly made the Returns required of him by this present Act, during the Period in respect of whicli any such Payment is to be made, and which Certificate such Comp- troller is hereby required, on the Application of any such Inspector as aforesaid, to grant, unless any such Inspector shall, without good and sufficient Cause, have neglected or omitted to make such Returns as aforesaid, or some of them : Provided also, that if the Duties of the said Office of Inspector of Corn Returns for the City of J^ondon shall during any such Quarter of a Year as aforesaid have been discharged wholly or in part by a Deputy, the Comptroller of Corn Returns shall in such Certificate as aforesaid specify the Length of Time during v.hich such Deputy hath so acted, and the whole or a proportionate Part, as the Case may be, of any such quarterly Payment, shall in that Case be paid to the said Deputy. 5" Vict. Scss. 2. c. 14. APPENDIX. Sect. 38. And whereas the Persons who at the Time of the passing of this Act respectively hold the Offices or Appoint- ments of Inspectors of Corn Returns in any of the Cities or Towns aforesaid, other than the City of London, the City of Oxford, and the Town of Cambridge, will, by reason of the Determination of their respective Offices and Appointments under the Provisions of this Act, cease to receive the Salaries attached thereto, and it may be reasonable and fit that Compen- sation should bo made to such Persons ; be it therefore enacted. That it shall be lawful for any Three or more of the Commis- sioners of Her Majesty's Treasury for the Time being, by Warrant under their Hands, to order and direct that such annual Compensation or Allowance, not exceeding in any Case the annual Salary of the Office in respect of which such Compensa- tion or Allowance is granted, as to them in their Discretion shall seem just and reasonable, having due Regard to the Length of Service and Conduct of the Parties, shall be made to the several Persons who at or immediately before the Time of the passing of this Act shall respectively hold Offices or Appointments of Inspectors of Corn Returns for any of the Cities or Towns aforesaid, other than the City oi London, the City of Oxford, and the Town of Cambridge, for any Loss of Salary attached to such Offices or Appointments which they may respectively sustain by reason of the Determination of their respective Offices or Appointments by the Provisions of this Act; and such Compensation or Allowance shall be issued and paid to the Party to whom such Compensation shall be made, at such Times and in such Manner as in such Warrant shall be directed, by the Collector or the Chief Officer of the Customs or of the Excise in or for the City or Town for which such Party shall hold the Office of Inspector of Corn Returns at the Time of the passing of this Act : Provided always, than an Account of such Compensations shall, within Fourteen Daj's next after the same shall have been so granted, be laid before the Commons House of Parliament, if Parliament shall be then assembled, or if Parliament shall then not be assembled, then Avithin Fourteen Days after the meeting of Parliament next following. 429 Corn. Power to the Lords of the Treasury to grant Com- pensation to Inspectors of Corn Returns. for not making Declarations or Returns. Sect. 39. And be it enacted, That if any Person who is Penalty on hereby required to make and deliver the Declaration or Decla- Com Dealers rations herein-before particularly mentioned and set forth, or either of them, shall not make and deliver such Declaration or Declarations at the Time and in the Form and Manner and to the Person or Persons herein-before directed and pre- scribed in that Behalf, every Person so offending shall forfeit and pay a Sum not exceeding Twenty Pounds for each and every Calendar Month during which he shall neglect or delay to make and deliver any such Declaration ; and if any Person who is herein-before required to make any Return to the 430 Corn. Recovery and Applieation of Penalties. APPENDIX, ry' Vict. Sess. 2. c. 14. Inspector of Corn Returns for the City of Loniloti, or the City of Oxford, or tlie Town of Cambridge, or to any Officer of Excise acting as Inspector as aforesaid, or to any such con- tinuing Inspector of Corn Returns as aforesaid, shall not make such Returns to such Inspector or Officer at the Time and in the Form and Manner herein-bcfore directed and prescribed, every sucli Offender shall for sueii his Offence forfeit and pay a Sum not exceeding Twenty Pounds. Sect. 40. And be it enacted, That all and every the Penalties aforesaid shall and may be prosecuted, sued for, and recovered, by and to the Use of any Person who will sue for the same, before any Two Justices of the Peace acting in and for the City, Town, County, liiding, or Division within whieii the Offence shall have been committed ; and upon Conviction of any such Offender before any such Justices of the Peace, either by the Confession of the Party offending or by the Oath of any credible Witness or Witnesses (which Oath such Justices are hereby authorized to administer), the Amount of such Penalties and Forfeitures shall be levied, together with the Costs attend- ing the Information and Conviction, to be assessed and allowed by such Justices, by Distress and Sale of the Goods and Chat- tels of the Party or Parties offending, by Warrant under the Hands and Seals of such Justices (which Warrant such Justices are hereby empowered and required to grant) ; and the Over- plus (if any), after such Penalties, Forfeitures, and Fines, and the Charges of such Distress and Sale, are deducted, shall be returned, upon Demand, unto the Owner or Owners of such Goods and Chattels ; and in case such Fines, Penalties, and Forfeitures shall not be forthwith paid upon Conviction, then it shall be lawful for such Justices to order the Offender or Of- fenders so convicted to be detained and kept in safe Custody until Return can be conveniently made to such Warrant of Distress, unless the Offender or Offenders shall give sufficient Security, to the Satisfaction of such Justices, for his or their Appearance before such Justices on such Day or Days as shall be appointed for the Return of such Warrant of Distress, such Day or Days not being more than Seven Days from the Time of taking any such Security, and which Security the said Jus- tices are hereby empowered to take by way of Recognizance or otherwise ; but if upon the Return of such Warrant it shall appear that no sufficient Distress can be had thereupon, then it shall be lawful for any such Justices of the Peace as afore- said, and they are hereby authorized and required, by Warrant or Warrants under their Hands and Seals, to cause such Of- fender or Offenders to be committed to the Common Gaol or House of Correction of the City, Town, County, Riding, or Division where the Offender shall be or reside, there to remain without Bail or Mainprize for any Term not exceeding Three* Calendar Months, unless such Penalties, Forfeitures, and Fines, 5° Vict. Spss. 2. e. 14. APPENDIX. and all reasonable Charges attending the same, shall l)e sooner paid and satisfied. 431 Corn. Sect. 41. And be it enacted, That if any Person who shall be Penalty on summoned as a Witness to give Evidence before any Justices Witnesses not of the Peace, touching any Matter of Fact contained in any atti-'nding when Information or Complaint for any Offence against this Act, '"'^^l""''"' either on the Part of the Prosecutor or of the Person or Persons accused, shall, after a reasonable Sum of Money for his or her Charges and Expences shall have been paid or been tendered to him or her, refuse or neglect to appear at the Time and Place for that Purpose appointed, without a reasonable Excuse for his, her, or their Neglect, or appearing shall refuse to be examined on Oath and give Evidence before such Justices of the Peace, then and in either of such Cases such Person shall forfeit for every such Offence any Sum not exceeding Ten Pounds, to be recovered in the Manner herein-before provided for the Recovery of the several Penalties aforesaid. Punishment for making Jalse Iletiiins. Sect. 42. And be it enacted, That if any Person shall make any false and fraudulent Statement in any such Return as he is herein-before directed and required to make, or shall falsely and wilfully include, or procure or cause to be included, in any such Return, any British Corn which w as not truly and bond fide sold or bought to, by, or on behalf of the Person or Persons in any such Return mentioned in that Behalf, in the Quantity and for the Price therein stated and set forth, every such Offender shall be and be deemed guilty of a Misdemeanor. Sect. 43. And be it enacted, That nothing in this Act con- Act not to affect tained shall extend to alter the present Practice of measuring the Practice of Corn, or any of the Articles aforesaid, to be shipped from or to measuring or be landed in the Port o^ London, but that the same shall be J'^'vilegesofthe measured by the Sworn Meters appointed for that Purpose, by ' ' " "" ""' whose Certificate the Searchers or other proper Officers of Her Majesty's Customs are hereby empowered and required to certify the Quantity of Corn or other Articles as aforesaid so shipped or landed ; and that nothing in this Act contained shall extend to lessen or take away the Rights and Privileges of or the Tolls or Duties due and payable to the Mayor and Commonalty and Citizens of the City of London, or to the Mayor of the said City for the Time being, or to take away the Privileges of any Persons lawfully deriving Title from or under thetn. Sect. 44. And be it enacted, That if any Action or Suit shall Limitation of be brought or commenced against any Person or Persons for ■'^ct'ons. any thing by him, her, or them done by virtue or in pursuance of this Act, such Action or Suit shall be conmienced within Three Months next after the Matter or Thing done, and shall 132 APPENDIX. 5' Vjct. Sess. 2. c. 14-. CoiiN. 1)0 laid in tlio proper Coiintj- ; and tlin DtfVndant or Dcfcn- dants in such Action or Suit shall and may ])lcad the General Issue, and give this Act and the special Matter in Evidence, at any Trial to he had thereupon ; and if afterwards a Verdict shall pass for the Defendant or Defendants, or the Plaintiff or Plaintiffs shall discontinue his, her, or their Action or Actions, or be nonsuited, or Judgment shall be given against him, her, or them, upon Demurrer or otherwise, then such Defendant or Defendants shall have Treble Costs awarded to him, her, or them aerainst such Plaintiff or Plaintiffs. Act may l Vict. Sess. 2. c. IK Bedford Berkshire Bucks Oxfordshire Huntingdon Cambridge Suffolk - Norfolk COUNTIES. Bedford. * I.cighton Buzzard. * Luton. Windsor. Reading. * Abingdon. * Maidenhead. * Newbury. * Wallingfoid. Aylesbury. * Buckingham. * High Wycombe. * Newport Pagnel. Oxford. * Banbury. * Henley. * Witney. * Chipping Norton. Huntingdon. St. Ives. Cambridge. Ely. Wisbeach. * Newmarket. Ipswich. Woodbridge. Sudbury. Hadleigh. Stowmarket. Beccles. Bungay. Lowestoft. Bury St. Edmund's. Norwich. Yarmouth. Lynn. Thetford. Watton. Diss. East Dereham. Harleston. Holt. Aylsham. Fakenham. North Walsham. * Swaffham. Lincoln York Durham Lincoln. Gainsborough.' Glanford Bridge. Louth. Boston. Sleaford. Stamford. Spalding. * Barton on Humber. * Bourne. * Grantham. * Grimsby. * Horncastle. * Market Raisin. * Caistor. * Alford. * Holbech. * Long Sutton. York. Leeds. Wakefield. Bridlington. Beverley. Hawden. Sheffield. Hull. Whitby. New Malton. * Barnsley. * Bedale. * Bradford. * Doncaster. * Knaresborough. * Pickering. * Richmond. * Ripon. * Selby. * Skipton. * Thirsk. * Rotherham. * Otley. * Thorne. Durham. Stockton. Darlington. Sunderland. Barnard Castle. 50 Vict. Sess. 2. c. 14. APPENDIX. 439 COUNTIES. TOWNS. counties. towns. Northumberland Walsingham. Wales Carmarthen. Belford. Carnarvon. Hexham. Haverfordwest. Newcastle-upon-Tyne. Cardiff. Morpeth. Denbigh. Alnwick. Wrexham. Berwick. * Brecon. * Mold. Cumberland Carlisle. * Bangor. Whitehaven. * Cowbridge. Cockermouth. * Newtown. Penrith. * Corwen. Egremont. * Welshpool. * Wigton. * Llangefni. * Maryport. * Llandillo. * Workington. * Knighton. * Swansea. Westmoreland - Appleby. Kendal. Corn. F F 4 440 APPENDIX. 6" & 7'^ Vrcr. c. 29. C i^ 7" Vict. Cap. 29. Corn ^^ ^^t for reducing the Duty on Wheat and Wheat CanadT Flour, the Produce of the Province of Canada, imported Wheat). thence into the United Kingdom. [12th July 1843.] WHEREAS on the Twelfth Day of October One thousand eight hundred and forty-two an Act was passed by the Legis- lative Council and Legislative Assembly of the Province of Canada, and reserved by the Governor General for the Signi- fication of Her Majesty's Pleasure, imposing a Duty of Three Shillings Sterling Money of Great Britain on each Imperial Quarter of Wheat imported into Canada, except from the United Kingdom or any of Her Majesty's Possessions, and being the Growth and Produce thereof : And whereas it is recited in the said Act that it was passed in the confident Belief and Expectation that upon the Imposition of a Duty upon Foreign Wheat imported into the Province Her Majesty would be graciously pleased to recommend to Parliament the Removal or Reduction of the Duties on Wheat and Wheat Flour imported into the said United Kingdom from Canada : And whereas, in consideration of the Duty so imposed by the said Act of the Legislature of Canada, it is expedient that, if Her Majesty shall be pleased to give Her Sanction to the said Act, the Duties imposed by an Act made and passed in the last i.&6 Vict, C.14. Session of Parliament, intituled An Act to amend the Laws for the Importation of Corn, upon Wheat and Wheat Flour, the Produce of and imported from the Province of Canada, entered for Home Consumption in the United Kingdom, should be reduced as herein-after is mentioned ; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Autho- Duties to be rity of the same. That from and after the Tenth Day of October levied after the One thousand eight hundred and forty-three, and thenceforth lOth October during the Continuance of the Duty so imposed by the said Act of the Legislature of Canada as aforesaid, there shall be levied and paid upon all Wheat and Wheat Flour, the Produce of the said Province of Canada, which shall be imported thence into the United Kingdom after the said Tenth Day of October, and shall be entered for Home Consumption, (the same having been shipped and imported with such Declarations and Cer- tificates as are required in respect thereof in and by the said Act passed in the last Session of Parliament,) in lieu of the Duties charged thereon by the said Act of Parliament, the Duties following ; (namely,) For every Quarter of such Wheat One Shilling, and so in proportion for a less Quantity : 1843. 6" & 7" Vict. c. 29. APPENDIX. f 441 For every Barrel, being One hundred and ninety-six Pounds Corn of such Wlieat Flour, a Duty equal in Amount to the CDutyo;* Duty which would hereby be payable upon Thirty-eight Canada Gallons and a Half of Wheat, and so in propoi'tion for a jieat;. less Quantity : And the said Duties hereby charged shall be levied, collected, paid, and applied in such and the same Manner in all respects as if the same had been imposed by the said Act of Parliament: Provided always;, that nothing in this Act contained shall repeal, reduce, or alter the Duties payable under the said Act of Par- liament upon Wiieat or Wheat Flour, the Produce of Canada, which shall be imported into the United Kingdom previous to the said Tenth Day of October One thousand eight hundred and forty-three, notwithstanding the same shall not be entered from the Warehouse or otherwise for Home Consumption until after that Day. Sect. 2. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present Session of amended. Parliament. 442 APPENDIX. .5" & G" Vict. o.92. Corn (Delivery Of WAREHOtlSED Wheat). Warehoused Wheat to be delivered Duty- free upon sub- stituting an equivalent Quantity of Wheat Flour or Biscuit. 5° & 6° Vict. Cap. 92. An Act to permit, until the Thirty-first Day of August One thousand eight hundred and forty-five, Wlieat to be delivered from the Warehouse or the Vessel Duty- free, upon the previous Substitution of an equivalent Quantity of Flour or Biscuit in the AVarehouse. [10th Auf/ust 1842.] WHEREAS it will be of advantage to the Trade and Com- merce of the Country that Wheat should be permitted to be delivered Duty-free from the Warehouse or from the Vessel, upon the depositing in the Warehouse, or due Exportation therefrom, of an equivalent Quantity of Wheat Flour and Biscuit, in the Manner herein -after mentioned ; be it therefore enacted by the Queen'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 it shall be lawful for the principal Officer of Customs having Charge of any Warehouse, in which any Wheat may have been or maj'^ be warehoused without Payment of Duty upon the first Entry thereof under any Law in force, to deliver any Quantity thereof Duty-free, upon there being deposited in Warehouse in lieu thereof fine Wheat Flour or Biscuit, as herein-after mentioned ; (that is to say,) upon there being deposited in Warehouse, in lieu of the Wheat so to be dehvered, For every Ninety-six Pounds of Kiln-dried Wheat, or For every One hundred Pounds of Wheat not being Kiln-dried, — not less than Seventy-eight Pounds of fine Wheat Flour, or Sixty-eight Pounds of Captain's Biscuit, or Eighty Pounds of Biscuit of the Standard of the Biscuit supplied to Her Majesty's Navy, or One hundred and eighteen Pounds of Common Ship's Biscuit ; And so in proportion for any less Quantity than — Ninety-six Pounds of Kiln-dried Wheat, or One hundred Pounds of Wheat not Kiln-dried ; such Flour or Biscuit having been manufactured in the United Kingdom, or such Flour having been duly imported thereinto and the Duty thereon having been paid. Fine Wheat Flour and Biscuit may be deposited in Warehouse, and a Certificate of Sect. 2. And be it enacted, That it shall be lawful for the Owner of any such fine Wheat Flour or of any such Biscuit as is herein-before mentioned to deposit any Quantity of such Flour or Biscuit in any Warehouse in Avhich Foreign Flour or Biscuit may be warehoused according to Law ; and upon such 9 5" & 6" Vict. c. 92. APPENDIX. Deposit being so made, such Officers of Customs as shall be appointed by the Commissioners of Her Majesty's Customs so to do shall give to the Party making such Deposit a Certi- ficate under their Hands of such Deposit having been made, according to the Form in the Schedule to this Act annexed ; and such Certificate shall, during the Period of Six Weeks from the Date thereof, and no longer, entitle the Holder of it to have such Quantity of warehoused Wheat delivered to him Duty-free from any Warehouse as, according to the Scale herein-before set forth, shall be equivalent to the Flour or Biscuit mentioned in such Certificate. Sect. 3. And be it enacted. That any Person having depo- sited in any Warehouse, in the Manner required by this Act, any Quantity of fine Wheat Flour or Biscuit shall be entitled to enter Duty-free, from any Vessel, such a Quantity of Wheat as, according to the Scale herein-before set forth, shall be equivalent to the Quantity of Flour or Biscuit so deposited, and that the Holder of any such Certificate as is herein-before mentioned shall also be entitled to enter Duty-free, from any Vessel, any Quantity of Wheat which, according to the said Scale, shall be equivalent to the Quantity of Flour or Biscuit mentioned in the said Certificate. 443 Corn (Delivery of Wauf.housed Wheat). such Deposit granted, to entitle the Holder to an equivalent Quantity of Warehoused Wheat Duty- free. Persons making Deposits of Flour and Biscuit to be entitled to have equivalent Quantities of Wheat entered Duiy-free from the Vessel. Sect. 4. And be it enacted. That Three Days at least before any Wheat shall be delivered from any Warehouse or Vessel Duty-free under this Act, the Person requiring such Delivery shall give or cause to be given to the Collector of the Port a Notice in Writing specifying the Quantity of the Wheat so required to be delivered, and the Day upon which the Delivery is required to be made, or, in Cases where such Wheat is required under such a Certificate as is herein-before mentioned, shall deliver to the Collector of the Port the Certificate of the previous Deposit of Flour or Biscuit in respect of which such Wheat is to be so delivered, and shall also make due Entry of such Wheat in the Manner required by Law upon the Entry of Goods for Home Consumption. Sect. 5. And be it enacted. That no Wheat shall be delivered Duty-free under this Act until the Articles herein-before re- quired to be substituted for the same shall have been dej^osited in the Warehouse, nor until the proper Officer of Customs shall have ascertained that such Articles are of the Quality and Weight herein-before required ; nor shall any Wheat be deli- vered Duty-free under any such Certificate as aforesaid, until the same shall have been delivered to and duly examined by the proper Officer, and found to be correct, nor until such Wheat shall have been weighed and measured at the Expence of the Party requiring the Delivery thereof. Notice to be given to the Collector of the Quantity of Wheat required to be delivered from the Ware- house, and of the Day of Delivery. No Wheat to be delivered Duty-free until the substituted Article has been deposited and the Cer- tificate duly examined. 4>4'4' Corn (Delivery of VVareiiouseo Wheat). Substituted Flour and Biscuit to be subject to the Warehousing Laws, but not to be taken out for Home Consumption. APPENDIX. 5- & 6" Vict. c. 9'2. Sect. 6. And be it enacted, That all Flour and Biscuit which, under the Provisions of this Act, shall have been deposited in Warehouse as aforesaid, shall be subject in all respects to the same Rules, Regulations, Penalties, Restrictions, and Forfeitures as warehoused Goods shall for the Time being be subject to under the Laws in force, save and except that such Biscuit shall not be permitted to be taken out of the Warehouse for Home Consumption, and that such Flour, upon Entry thereof from the Warehouse for Home Consumption, shall be liable to such and the same Duties as the same would be liable to if it were the Manufacture of and imported from Foreign Countries. Such Flour and Sect. 7. And be it enacted, Tliat it shall not be lawful to re- Biscuit not to import any such Flour or Biscuit ; and any such Flour or Biscuit, if re-imported, shall be forfeited. be re-imported. Penalties for depositing Articles of inferior Quality. Sect. 8. And be it enacted, That if any Parcel or Package tendered to be so deposited as aforesaid, purporting to be or to contain such Flour, shall thereupon or thereafter be found to be or contain Flour other than the best fine Wheat Flour, or any other Article than the best fine Wheat Flour, or if any Parcel or Package tendered to be so deposited as aforesaid, purporting to be or to contain Biscuit of any of the .several Qualities herein -before mentioned, shall be found to be or to contain Biscuit of an inferior Quality, or to be or contain any other Article than Ship's Biscuit, every such Parcel or Package and the Contents thereof shall be forfeited, together with the penal Sum of Five Pounds for every Quarter of the Wheat for which the same was intended to be substituted, such Penalty to be paid by the Party tendering the Article to be deposited ; and such Forfeitures and Penalties shall be recovered and dealt with in all respects as Forfeitures and Penalties under any Law relating to the Customs are recovered and dealt with.(l) Term of Act. Sect. 9. And be it enacted, That this Act shall commence and take effect from the pas.sing thereof, and shall continue in force until the Thirty-first Day of August One thousand eight hundred and forty-five. Act may be amended, &c. this Session. Sect. 10. And be it enacted, That this Act may be amended or repealed by any Act or Acts to be passed in the present Session of Parliament. (1) See 8 & 9 Vict. § 4. by which this Section in repealed, and § 5. by which other Penalties and Forfeitures are enacted. 5" & 6- Vict. c. 92. APPENDIX. 445 Corn ( Delivery or SCHEDULE referred to by this Act. Wakehoused Wheat). Certificate of Deposit of Fine Wheat Flouh or Biscuit under Victoria, Cap. Port of We, the undersigned, do hereby certify. That A.S. has this Day deposited in a certain Warehouse situated [^describe the Situation] the following Articles [^describe the Qualities and Weights of the Articles deposited in Words at Length], and that the same are of the before-mentioned Qualities and Weights, according to the true Intent and Meaning of the above- mentioned Act. Given under our Hands, this Day of A.B. CD, '1-46 APPENDIX. f. APPENDIX. (y'ik, 7" VrcT. c. 79. are carrying on tlio said Fishery in the Manner hereby required, and to seize any Nets, Instruments, or Implements of Fishing which are illegal or used contrary to the Provisions of this Act, or any of the Rules or Bye Laws made by the Lords of the said Committee ; and it shall be lawful for the Otticers and Meji employed in Her Majesty's Navy or Revenue Service, and iti the Coast-guard Service, and such other Persons as shall be appointed for that Purpose by tiie Lords of the said Committee, to execute for the Purposes of this Act, on Sea or on Land, the Warrants of any Justice or Justices of the Peace as fully as any Person authorized to execute Warrants of any Justice of the Peace may now execute the same on Land within their respec- tive Districts, and also to do all such other Acts on Sea or Land, in relation to the Preservation of the Peace among Per- sons engaged in Fishing, and the Enforcement of the Provisions of this Act, as anj' Constable may lawfully do within the Limits of his Jurisdiction, Penalty for obstructing Persons on Dutv. Who shall liave cognizance of Offences by British Sub- jects. Who shall have cognizance of Ottences by French Sub- jects within the Sect. 10. And be it enacted, That every Person assaulting, resisting, or wilfully obstructing any other Person, duly autho- rized under the Provisions of this Act to enforce the Execution of the said Articles, in the Performance of his Duty, on Con- viction before any Magistrate or Justice of the Peace by the Oath of any credible Witness, or upon his own Confession, shall be liable to a Penalty not more than Five Pounds, or may be imprisoned, with or without hard Labour, for any Time not longer than Twenty-one Days. Sect. 11. And be it enacted, That all Offences against the said Articles, or against any Rule or Bye Law made in pursuance of this Act, committed by any of Her Majesty's Subjects may be heard and determined upon the Oath of any credible Witness or Witnesses, or upon the Confession of the Party accused, by any Magistrate or Justice of the Peace having Jurisdiction in the County or Place in which or in the Waters adjacent to which the Offence shall be committed or to which the Offender shall be brought ; and every such Magistrate or Justice of the Peace shall have Power to award the Penalties provided by the said Articles, or by any such Rule or Bye Law respectively, for the Offence of which the Offender shall be convicted ; and whenever any pecuniary Penalty and Forfeiture shall be imposed on any such Offender, and shall not be forthwith paid, with the reason- able Costs and Charges attending the Conviction, the same shall be levied by Distress and Sale of the Goods of the Offender by Warrant under tlie Hand and Seal of such Magistrate or Justice of tlie Peace. Sect. 12. And be it enacted, That all Offences against the said Articles, or against any Rule or Bye Law made in pur- suance of this Act, committed by any Subject of the King of the French, or any Person serving on board any French Fishing 6" & 7" Vicr. c. 79. APPENDIX. 453 Bout or Vessel, within the Limits within which tlie general Fishery Right of Fishery is by the said Articles exclusively reserved to Convention. the Subjects of Her Majesty, may be heard and determined . . '. upon the Oath of any credible Witness or Witnesses, or upon fl,','^^ Fishery the Confession of the Party accused, by any Magistrate or ' Justice of the Peace having Jurisdiction in the County or Place in which or in the Waters adjacent to which the Offence shall have been committed or to which the Offender shall be brought; and the OH'ender, upon Conviction, shall pay such Penalty not exceeding Ten Pounds as the Magistrate or Justice of the Peace shall award, or instead of awarding a pecuniary Penalty, and also in case of the Nonpayment of any pecuniary Penalty awarded, it shall be lawful for the Magistrate or Justice of the Peace to order that the Vessel to which the Offender belongs shall be detained for any Period not exceeding Three Calendar Months. Sect. 13. And be it enacted, Tiiat whenever any Subject of Proceedings in the King of the French, or any Person serving on board any case of Offences French Fishing Boat or Vessel, charged with any Transgression c^u'^^"*k a 1 -I /-I • 1 « • 1 1 11 , ■ 1 . subjects beyond agamst the said Convention and Articles, shall be brought into the British any British Port, pursuant to the Sixty-fifth Article, in order Fishery Limits, that the Offence may be duly established, it shall be lawful for the Person by whom such supposed Offender shall be so brought, or for any Person acting under his Authority, to take such supposed Offender forthwith before a Magistrate or Justice of the Peace, and all Constables and Peace Officers and others shall be required, if necessary, to give their Assistance for that Purpose ; and it shall be lawful for the Magistrate or Justice of the Peace before whom any such supposed Offender shall be brought to inquire by all lawful Ways and Means into the Case; and a Copy of the Depositions, Minutes of Proceedings, and all other Documents concerning the Transgression shall be authen- ticated under the Hand of the Collector of Customs, and shall be sent by him to the British Consular Agent residing in the Port to which the Offender's Boat or Vessel belongs. Sect. I't. And be it enacted. That in all Cases where the Compensation Breach of any of the said Articles, or of any such Rules or for Damage. Bye Laws, by any of the Subjects of the King of the French within the Limits within which the general Right of Fishery is by the said Articles exclusively reserved to the Subjects of Her Majesty, or by any of Her Majesty's Subjects, whether or not within the said Limits, shall have caused any Loss or Damage to any other Party or Parties, it shall be lawful for any Magis- trate or Justice of the Peace before whom the Offence shall be inquired into to take Evidence of such Loss or Damage, and to award Compensation to the injured Party, and to enforce Pay- ment of such Compensation, in like Manner as the Payment of G G 3 451 Al'l'ENUIX. 6"& 7" Vict. c.79. Imshkut any pecuniary i'oiialty tor any OH'euce against the said Articles Co.NVENTio.s. ,j,-iy bc I'nforced. Sttlviif^o for Boats, &i'. picked up at Sea. Sect. 15. And be; it enacted, That whenever any Fishing Boat, Rigging, (iear, or any other A])purtenanco of any Fishing Boat, «)r any Net, liuoy, Float, or other Fishing Ini])lement, shall have been found or picked up at Sea and brought into a Bi-'Ulsk Port, and shall not be forthwith delivered to the Collector of Customs, pursuant to the Sixty-first Article, it shall be lawful for any Magistrate or Justice of the Peace, on Application of the said Collector, to issue his Warrant for delivering of the said Articles to such Collector, who shall take Possession of the same, and deliver the same to the Owner thereof or his Representative, on Payment to him, for behoof of the Salvors, of such Compensation as tiie said Collector shall award pursuant to the Sixty-second Article. Conviction nut fo be quashed for Want of Form. Sect. 16. And be it enacted, That no Conviction under this Act shall be quashed, set aside, or adjudged void or insuffi- cient for Want of Form only, or liable to be removed, by Certiorari or otherwise, into Her Majesty's Court of Queen's Bench, or any other of Her Majesty's Courts of Record, but every such Conviction shall be final to all Intents and Purposes unless the same shall be reversed on Appeal as herein-after provided ; provided always, that no Person shall be convicted of any Offence committed against the Provisions of this Act unless the Prosecution for the same shall be commenced within Three Calendar Months from the Time of the Commission of such Offence. Appeal. Sect. 17. And be it enacted, I'hat, in any Case of a sum- mary Conviction before any Magistrate or Justice of the Peace, any Person who shall think himself aggrieved by the Convic- tion may appeal to the Court of General or Quarter Sessions of the Peace to be next holden for the County or Place wherein the Cause of Complaint shall have arisen, if such Court shall not be holden within Twenty-one Days next after such Con- viction, otherwise to the next Court but One, provided that such Person at the Time of the Conviction, or within Forty- eight Hours thereafter, shall eiiter into a Recognizance, with Two sufficient Securities conditioned personally to appear at the said Session to try such Appeal, and to abide the further Judgment of the Court at such Session, and to pay such Costs as shall be by the last-mentioned Court awarded ; and it shall be lawful for the Magistrate or Justice of the Peace by whom such Conviction shall have been made to bind over the Wit- nesses Avho shall have been examined in sufficient Recogni- zances to attend and be examined at the Hearing of such Appeal, and that every such Witness on producing a Certificate 6° & 7° Vict. c. 79. APPENDIX. 455 of his being so bound, under the Hand of the said Magistrate Fishery or Justice of tiie Peace, shall be allowed Conijiensation for his CoNVENnoN. Time, Trouble, and Expenees in attending the Appeal, which Compensation shall be paid, in the first instance, by the Treasurer of the County or Borough, in like IManner as in Cases of Misdemeanor, under the Provisions of an Act passed in the Seventh Year of the Reign of King George the Fourth, intituled An Act for improving the Administratioti of Crimiiml 7 G. 4. c. 64. Justice in England ; and in ease the Appeal shall be dismissed, and the Conviction affirmed, the reasonable Expenees of all such Witnesses attending as aforesaid, to be ascertained by the Court, shall be repaid to the Treasurer of the County or Borough by the Appellant. Sect. 18. And be it enacted. That in this Act the Words Meaning of " JBritisk Vessel" shall be construed to mean every British or "British Irish Fishing Vessel or Fishing Boat, and also every Fishing ^^ss^'> **'• Vessel or Fishing Boat belonging to any of the Islands of Guernse?/, Jersey, Sark, Alderney, or Man, or any Island thereunto belonging, and the Words '■'■ British Vovt" shall be construed to mean any Port of Great Britain or Ireland, or of any of the said Islands. Sect. 19. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this Session of Par- amended this liament. ^^^^^°"- SCHEDULE to which the foregoing Act refers. (I) Regulations for the Guidance of the Fishermen of Great Britain and of France in the Seas lying between the Coasts of tlie Two Countries ; prepared in pursuance of the Provisions of the Eleventh Article of the Convention concluded at Paris on the 2d of August 1839 between Her Majesty and the King of the French. DECLARATION. The undersigned, Her Britannic Majesty's Principal Secre- tary of State for Foreign Affairs on the one Part, and the Ambassador Extraordinary of His Majesty the King of the French at the Court of London on the other Part, having examined the annexed Regulations for the Guidance of the Fishermen of Great Britain and of France in the Seas lying between the Coasts of the Two Countries, which Regulations have been prepared, in pursuance of the Provisions of the Eleventh Article of the Convention concluded at Paris on the (1) See§ I. G G 4; i56 APPENDIX. 6" & 7" Vict. c.79. FisHKRv '2d of August 1839 between Her Entaimic Majesty and His Convention. Majesty the King of tlie Frcncli, by tiie Two Commissioners duly authorizoil to that Effect by their said Majesties, have, in tlie Name and on the Behalf of Iler Majesty the Queen of the United Kingdom of (Jreat Britain and Ireland, and of His Majesty the King of the French, and by virtue of their re- spective full Powers, approved and confirmed, and do by these Presents approve and confirm, the said Regulations ; reserving to their respective Governments, conformably to the Terms of the above-mentioned Article, to propose, if necessary, to the Legislatures of both Countries the Measures which may be required for carrying the said Regulations into execution. In witness whereof the undersigned have signed the pre- sent Declaration, and have affixed thereto the Seals of their Arms. Done at London, tlic Twenty-third Day of June in the Year of our Lord One thousand eight hundred and forty- three. (l.s.) Aberdeen, (l.s.) Ste. Aulaire. The undersigned, namely, — On the Part of the United Kingdom of Great Britain and Ireland, Anthony Perrier, Esquire, Her Britannic Majesty's Consul for the Departments of Einistere, Mor- bihan, and Cotes du Nord in France; And on the Part of the Kingdom of France, Francois Lange, Knight of the Royal Order of the Legion of Honour and Commissary of Marine of the First Class; Duly appointed and authorized by their respective Govern- ments to act as Commissioners for the Purpose of preparing a Set of Regulations for the Guidance of the Fishermen of the Two Countries in the Seas lying between the Coasts of the United Kingdom and those of the Kingdom of France, in con- I'orniity with Article XL of the Convention between Great Britain and France, signed at Paris on the 2d August 1839: Have agreed upon the following Articles, which they submit to their respective (Jovernments for Approval and Confir- mation : Article I. — British and French Subjects fishing in the Seas lying between the Coasts of the United Kingdom of Great Britain and Ireland and those of the Kingdom of France shall conform to the following Regulations. Article 1 1. — The Limits within which the general Right of Fishery is exclusively reserved to the Subjects of the Two Kingdoms respectively are fixed (with the Excep- tion of tliose in Granville I3ay) at Three Miles Distance from Low water Mark. With respect to Bays, tlie Mouths of which do not exceed Ten ^lilcs in Width, the Tiiree Mile Distance is 7 6' & 7" Vict. c. 79. APPENDIX. 157 measured from a straight Line drawn from Headland to Tishkry Headland. Convkntion. Article HI The Miles mentioned in the present Regu- lations are geographical Miles, of which Sixty make a Degree of I>atitude. Article IV. — The Fishery Limits of Granville Bay, estab- lished upon special Principles, are defined in the First Article of the Convention of the Second of August One thousand eight hundred and thirty-nine, as follow : The Lines drawn between the Points designated by the Letters A., B., C, D., E., F., G., II., I., K. on the Chart annexed to the Convention are acknowledged as defining the Limits between which and the French Shore the Oj'ster Fishery shall be reserved exclusively to French Subjects ; and these Lines are as follow ; that is to say : — The First Line runs from the Point A., Three Miles from Low-water Mark (Point Meinga bearing South), to the Point B., of which the Land-marks are Agon Tower on with the Clump of Trees upon Mount Huchon, and the Summit of Gros Mont in a Line with the Signal Post on Grand Isle. The Second Line runs from the said Point J}., towards Agon Tower and the Clump of Trees upon Mount Huchon it) the Direction North, Sixty-four Degrees East, until at the Point C. it brings the Windmill of Lingreville to bear due East. The Third Line runs from Point C. due East to- wards Lingreville Windmill until the Grand Huguenant is brought to bear on the Etat Rock at Point D. The Fourth Line runs from Point D. Northward, and keeping the Grand Huguenant in one with the Etat Rock, until it intersects at E. a Line whose Land-marks are Agon Tower on with Constances Cathedral. The Fifth Line runs Eastward from Point E. to Point F., where the Steeple of Pirou is brought to bear in a Line with the Senequet Rock. The Sixth Line runs from Point F., due North, to Point G., where the Steeple of BlainvlUe is brought in a Line with the Senequet Rock. The Seventh Line runs from Point G. (in the Di- rection of Pirou Steeple) to Point H., where the Lighthouse on Cape Carteret bears North, Twenty- four Degrees West. The Eighth Line runs from Point H. to Point I. nearly abreast of Port Bail; Point I. having for Land- marks the Fori of Port Bail in a Line with the Steeple of Port Bail. us APPENDIX. 6 • & 7" Vict. c. 79. FisHEar Ami iiually, tlit; Ninth Line runs from Point I. to Convention. the Three G runes at Point K., where Cape Carteret bears East, Ten Degrees North, in a Line with Barneville Church. All the Bearings specified in tlie present Article are to be taken according to the true Meridian, and not according to the Magnetic Meridian. Article V. — It is forbidden to British Fishermen to set their Nets or to fish in any Manner whatsoever within the Freiicli Limits ; and it is equally forbidden to French Fishermen to set their Nets or to fish in any Manner whatsoever within the British Limits. Article VI. — All British and French Fishing Boats shall be numbered. There shall be a Series of Numbers for the Fishing Boats belonging to each Collectorship of Customs in the United Kingdom, and a Series of Numbers for the Fishing Boats belonging to each District of Maritime Registry in France ; and to these Numbers shall be prefixed the initial Letters of the Names of the respective Collectorships or Districts. Article VII. — Whereas there arc in the United Kingdom several Collectorships of Customs, and in France several Districts of Maritime Registry, the Names of which begin with the same Letter, in which Case the initial Letter alone would not suffice ; the distinguishing Letter or Letters for the Boats of each Collectorship or District shall be designated by the Board of Customs in the United Kingdom, and by the Ministry of Marine in France. Article VIII. — The Letters and Numbers shall be placed on each Bow of the Boat, Three or Four Inches (Eight or Ten Centimetres French) below the Gunnel, and they shall be painted in White Oil Colour on a Black Ground. For Boats of Fifteen Tons Burthen and upwards, the Dimensions of these Letters and Numbers shall be Eighteen Inches (Forty-five Centimetres French) in Height, and Two and a Half Inches (Six Centimetres French) in Breadth. For Boats of less than Fifteen Tons Burthen, the Dimensions shall be Ten Inches (Twenty-five Centi- metres French) in Height, and One and Three Quarter Inch (Four Centimetres French) in Breadth. The same Letters and Numbers shall also be painted on each Side of the Main Sail of the Boat in Black Oil Colour on White Sails, and in White Oil Colour on Tanned or Black Sails. 6> & 7" Vict. c. 79. APPENDIX. 459 These Letters and Numbers 011 the Sails sliall be One Third larger in every Way than those placed on the Bows of the Boat. Article IX. — In order that the Fishing Boats of Jersey, Guernsey, and other Islands of the same Cluster may be distinguished from the Fishing Boats of the other British Islands, their Numbers shall precede the initial Letter of the Name of the Island to which such Boats may belong. Each of these Islands shall have a separate series of Numbers. Article X. — All the Buoys, Barrels, and principal Floats of each Net, and all other Implements of Fishery, shall be marked with the same Letters and Numbers as those of the Boats to winch they belong. These Letters and Numbers shall be large enough to be easily distinguished. The Owners of Nets or other Fishing Implements may further distinguish them by any private Marks they judge proper. Article XI — The Letters and Numbers of British Fishing Boats shall be inserted on the Licences of those Boats, after having been entered in the Registry Book kept at the CoUectoiship of Customs. The Letters and Numbers of French Fishing Boats shall be inserted on the Muster Rolls of those Boats, after being entered in tlie Registry Book kept at the Maritime Registry Office. Article XII. — The Licences of British Fishing Boats and the Muster Rolls of French Fishing Boats shall contain the Description and Tonnage of each Boat, as well as the Names of its Owner and of its Master. Article XIII. — The Fishermen of both Countries shall, when required, exhibit their Licences or Muster Rolls to the Commanders of the Fishing Cruisers, and to all other Persons of either Country, appointed to superintend the Fisheries. Article XIV. — The Name of each Fishing Boat, and that of the Port to which she belongs, shall be painted in White Oil Colour on a Black Ground on the Stern of the said Boat, in Letters which shall be at least Three Inches (Eight Centimetres French) in Height, and Half an Inch (Twelve Millimetres French) in Breadth. Article XV. — It is forbidden to efface, cover, or conceal, in any Manner whatsoever, the Letters, Numbers, and Names placed on the Boats and on their Sails. Article XVI. — Trawl Fishing may be carried on during all Seasons in the Seas lying between the Fishery Limits which have been fixed for the Two Countries. Article XVII. — Trawls shall be made with Nets, the Meshes of which shall be at least One Inch and Three Quarters APPENDIX. 6" & 7" Vict. c. 79. (Porty-fivc iMilliinetrt's French) square, from Knot to Knot, alouff the Lino. Akticle XVIII. — The Length of the Wooden Yard or Heani to which the upper Part of the Mouth of each Trawl- net shall be fastened shall not exceed Thirty-eight Feet (Eleven Metres Five Hundred Millimetres French). Article XIX. — The under Part of the Trawl-net, to a Length of Ten Feet (Three Metres French) from its Extremity, may be strengthened by Rubbing Pieces made of old Nets ; but these Rubbing Pieces shall be so fastened that they shall not cro:-;s or narrow the Meshes of the Trawl-net, which must always remain at least One Inch and Three Quarters (Forty-five Millimetres French) from Knot to Knot, along the Line, open and unobstructed. Article XX. — The Size of the Meshes of any supplementary Nets which may be added to Trawls shall be at least Two Inches (Fifty Millimetres French) square, from Knot to Knot, along the Line. Article XXL— Such suj)plementary Nets shall be so fitted as not to cross or narrow the Meshes of the Trawl-net, which must always remain at least One Inch and Three Quarters (Forty-five Millimetres French) from Knot to Knot, along the Line, open and unobstructed. Article XXII. — The total Weight of the Two Irons or Head-pieces of a Trawl shall not exceed Two hundred and eighty-seven Pounds (One hundred and thirty Kilogrammes French). Article XXIII. — The total Weight of Iron Chains or Leads used for loading the Ground Rope of a Trawl shall not exceed One hundred and ten Pounds (Fifty Kilogrammes FVench). Article XXIV — Trawl Fishing is forbidden in all Places where there are Boats engaged in Herring or Mackerel Drift-net Fishing. Article XXV — Trawl Boats shall always keep at a Dis- tance of at least Three Miles from all Boats fishing for Herrings or Mackerel with Drift-nets. Article XXVI. — Whenever Herring or Mackerel Boats shall commence Drift-net Fishing in any Place what- ever, the Trawl Boats which may be already fishing in such Place shall depart therefrom, and shall keep at a Distance of at least Three Miles from the said Drift- net Herring or Mackerel Boats. Article XXVII. — Herring Fishing is free all the Year round. Article XXVIII. — The Meshes of all Nets used for Herring Fishing shall not be less than One Inch (Twenty five Millimetres French) square, from Knot to Knot, alonij the Line. 6-' & 7* Vict. c.79. APPENDIX. 461 Article XXIX. — Whenevor decked Herring Boats and TisHEar undecked Herring Boats shall commence shooting their Conventcov. Nets at the same Time, the undecked Boats shall shoot their Nets to Windward of the decked Boats, except they should prefer going to Leeward, to a Distance of at least Half a Mile, to shoot their Nets. Article XXX. — The decked Boats on their Part shall shoot their Nets to Leeward of the undecked Boats, unless they prefer going to Windward, to a Distance of at least Half a Mile, to shoot their Nets. Article XXXL — When decked Boats shall arrive on Grounds wiiere fishing is already begun by other Boats, amongst which shall be undecked Boats, the decked Boats so arriving shall shoot their Nets to Leeward of the undecked Boats, except they should prefer going to Windward, to a Distance of at least Half a Mile, to shoot their Nets. Article XXXH. — When undecked Boats shall arrive on (irounds where fishing is already begun by other Boats, amongst which shall be decked Boats, the undecked Boats so arriving shall shoot their Nets to Windward of the decked Boats, except they prefer going to Leeward, to a Distance of at least Half a Mile to shoot their Nets. Article XXXHL— If, however, it should happen that the Spot where fishing is going on, and consequently where the Herrings are, should be so near to the Fishery Limits of One of the Two Countries that the Boats of the other Country would, by observing the above-men- tioned Regulations, be prevented from taking Part in the Fishery, the said Boats of the other Country shall be at liberty to shoot their Nets at a less Distance than that prescribed in the preceding Articles for decked and undecked Boats ; but such Fishermen as may take Ad- vantage of this Permission shall be responsible for any Damage or Losses which their drifting may cause to the other Boats. Article XXXIV Fishermen of the one Country shall not avail themselves of the Circumstances mentioned in the preceding Article, nor of any other Circumstances what- soever, to shoot their Nets within the Fishery Limits of the other Country. Article XXXV. — Whenever set Nets are employed for the Purpose of taking Herrings, the Boats engaged in this Fishery shall always remain over their Nets. These Boats shall moreover be bound to observe the Prohibition contained in Article LVH. in favour of Drift-net Fishing. Article XXXVL — Mackerel Fishing is free all the Year round. APPENDIX. G'itT'^ViCT. C.79. Articlk XXXV^II. — The Meshes of all Nets used for Mackerel Pishinj:^ simll not be less than One Inch and One Sixtii (Thirty Millinit-tres iM-cnch) square, from Knot to Knot, along the Line. Akticlk X\X\TI1. — It is forl)id(len to all Pishermen to load the lower Parts of Mackerel Dril"t-ncts with Leads or Stones. AiiTicr.E XXXIX — Doats going to fish for Mackerel with Drift nets are required, when they shall arrive on the Fishing Ground, to lower all Sails, to show that thej' have taken tiieir Berths. Article XL The Boats mentioned in the preceding Article shall keep Three Quarters of a Mile at least apart from one another when they shoot their Nets. Article XLI. — The Meshes of Nets known by the Name of Bratt Nets shall not be less than Four Inches and One Third (Eleven Centimetres French) s i'■ ik 7" Vict. c. 79. FisiiERv must nautrally bo lieternnned by those Fishermon who CoNVKNTiov. may find it ncoossary to avail tlieiiisclvos of this Right. Novcrtheli'ss, Avhonevcr tlio Britisli Fishing lioats shall be able to coniimiiiicato with the Coiniiiaiuier of the British Station, they shall not put in until they are authorized so to do by the said Commander's hoisting the following Signal,— a Blue Ensign at the Mast-head. Articlk LXXXI. — The Commamler of the I'^nglish Station may, when he shall eonsider this Measure necessary, authorize the weaker Boats, which are consequently the most exposed to the Effects of bad Weather, to put into the Chausey Islands whilst the other Boats shall continue to fish. This Permission shall be made known by the following Signal,— a Red Ensign at the Mast-head. . Article LXXXII. — When the Commander of the English Station shall have authorized the Whole or Part of the British Boats to seek Shelter in the Chausey Islands, in consequence of the above-mentioned Causes, he shall give Notice thereof immediately afterwards to the French Cruisers by means of the following Signals ; viz. — For the Anchorage of all the Boats (provided for in Article LXXX.), a Blue Peter placed under the Blue Ensign at the Mast-head. For the Anchorage of the weaker Boats (provided for in Article LXXXI.) a Blue Peter placed under the Red Ensign at the Mast-head. Article LXXXIII. — Whenever the Appearance of the Weather, although it be not actually stormy at the Time, yet shall be so threatening that Boats could not gain Shelter of the British Channel Islands before it comes on, the British Commander, taking on himself the Re- sponsibility of the Measure, may authorize the said Boats to anchor at Chausey, by hoisting a Blue Peter. This Permission shall, at the same Time, be made known to the French Cruisers by means of a French Flag hoisted at the Mast-head over the said Blue Peter. These Flags shall not be hauled down until the French Cruisers shall have understood the Signal, and answered it by hoisting, also at the Mast-head, an English Flag. Article LXXXIV. — When British Fishing Boats put into Chausey they shall keep together in the same Part of the Anchorage. Should any compulsory Circumstances prevent their doing so, the Commander of the English Station shall inform the French Station thereof by Iioisting, in addi- 6" & 7-^ Vict. c. 79. APPENDIX. 469 tion to the Flags tlying to announce the putting in of Fisherv the Boats, an Union Jack under the said Flags. Convention. Article LXXXV. — The Fishing Boats of the one Country shall not approach nearer to any Part of the Coasts of the other Country than the Limit of Three Miles, specified in Article IX. of the Convention signed at Paris on the Second of August One thousand eight hundred and thirty-nine, except under the following Circumstances : ~ First. When driven by Stress of Weather or by evident Damage to seek Shelter in the Harbours, or Avithin the Fishery Limits of the other Country. Secondly. When carried within the Limits esta- l)lished for the Fishery of the other Country, by con- trary Winds, by strong Tides, or by any other Cause independent of the Will of the Master and Crew. Thirdly. When obliged by contrary Winds or Tide to beat up in order to reach their Fishing Ground ; and when, from the same Cause of contrary Wind or Tide, they could not 'f they rema- d out- side, be able to hold on their jurse to their Fishing Ground. \ Fourthly. VVlien, during \ he Herring Fishing Season, the Herring Fishing Boats of the one Country shall find it expedient to anchor under Shelter of the Coasts of the other Country, in order to await a favourable Opportunity for proceeding to their lawful Fishery outside of the Limits defined by Article IX. of the Convention of the Second of August One thousand eight hundred and thirty-nine. Article LXXXVI. — Whenever, in any of the Cases of Exception specified in the preceding Article, the Fishing Boats of either Nation shall have occasion to sail or anchor within the Limits defined by the Convention of the Second of August One thousand eight hundred and thirty-nine, the Masters of such Boats shall imme- diately hoist a Blue Flag, Two Feet high and Three Feet long, and shall keep this Flag flying at the Mast- head so long as they shall remain within the said Limits ; consequently this Flag shall not be hauled down until the Boats are actually outside of those Limits. These Boats, when within the aforesaid Limits, are not only prohibited from fishing themselves, but are also forbidden to send their small Boats to fish, even outside of the Limits in question. They must all (with the Exception of Herring Boats which may be waiting, as they have the Privilege of doing, for a favourable Opportunity to proceed to their lawful Fishery,) return outside the said Limits, so soon as the Causes shall have H H 3 470 APPENDIX. 6" & 7" Vict. c. 79. ceased which obliged them to come in under the Cases of Exception specified. It is further agreed, conformably to the Tenor of the present Regulations, that the Fishing Boats of the one Country shall not use the Ports of the other Country for the greater Convenience of their Fishery Operations, either in proceeding from thence to their lawful Fishery in the Seas common to both, or in returning thereunto after Fishing ; it being understood, however, that this Stipulation does not in any Manner impair the Right of putting into Port in the Cases of Exception specified in Article LXXXV. Article LXXXVII. — It is forbidden to Herring Drift-net Fishing Boats to shoot their Nets earlier in the Day than Half an Hour before Sunset, except in Places where it is customary to carry on this Drift-net Fishing by Day- light. Article LXXXVIII. — Herring Fishermen, being within the Fishery Limits of cither Country, shall comply with the Laws and Regulations of the said Country respect- ing the Prohibition of fishing on the Sabbath Day. Article LXXXIX. — The Commanders of the Cruisers of each of the Two Countries, and all Officers or other Agents whatsoever appointed to superintend the Fish- eries, shall exercise their Judgment as to the Causes of any Transgressions committed by the Fishing Boats of the other Country, and when they shall be satisfied of the Fact of the Transgression, they shall detain or cause to be detained the Boats having thus transgressed the preceding Regulations (from Ai'ticle LXXVI.), and shall take them or cause them to be taken into Port, where, upon clear Proof of the Transgression being brought by the detaining Party before the competent Tribunal or Magistrates, the said Boats so transgressing may be condemned to be kept for a Period not ex- ceeding Three Months, or to a Fine not exceeding Ten Pounds Sterling (Two hundred and fifty Francs). In testimony whereof the respective Commissioners have signed the present Regulations, and have thereto affixed their Seals. Done in London, the Twenty-fourth Day of May in the Year of our Lord One thousand eight hundred and forty-three. (l.s.) Anthony Pekrier. (l.s.) F. Lange. 59° Geo. 3. c. 69. APPENDIX. 471 59° Geo. 3. Cap. 69. An Act to prevent the Enlisting or Engagement of His Foreign Majesty's Subjects to serve in Foreign Service, and the 'q l'ipm em. fitting out or equipjjing in His Majesty's Dominions Vessels for Warlike Purposes, without His Majesty's Licence. [3d July 1819.] WHEREAS the Enlistment or Engagement of His Majesty's Subjects to serve in War in Foreign Service, without His Majesty's Licence, and the fitting out and equipping and arming of Vessels by His Majesty's Subjects, without His Majesty's Licence, for Warlike Operations in or against the Dominions or Territories of any Foreign Prince, State, Potentate, or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province, or against the Ships, Goods, or Merchandize of any Foreign Prince, State, Potentate, or Persons as aforesaid, or their Subjects, may be prejudicial to and tend to endanger tiie Peace and Welfare of this Kingdom : And whereas the Laws in force are not sufficiently effectual for preventing the same ; be it therefore 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 from and after the passing of this Act, an Act passed in the Ninth Year of the Reign of His late Majesty King George the Second, intituled An Act to jyrei'ent the listing 9 G. 2. c. so. His Majesty's Subjects to serve as Soldiers without His Majesty's Licence ; and also an Act passed in the Twenty-ninth Year of the Reign of His said late Majesty King George the Second, intituled An Act to prevent His Majesty's Subjects from serving 29 G. 2. c. 17. as Officers imder the French King ; and for better enforcing an Act passed in the Ninth Year of His present Majesty's Reign, to prevent the enlisting His Wlajestys Sidjects to serve as Soldiers without His Majesty's Licence ; and for obliging such of His Majesty's Subjects as shall accept Commissions in the Scotch Brigade in the Sei-vice of the States General of the United Provinces to take the Oaths of Allegiance and Abjuration ; and also an Act passed in Ireland in the Eleventh Year of the Reign of His said late Majesty King George the Second, intituled An Act for the more effectual preventing the enlisting Irish Act, of His Majesty's Subjects to serve as Soldiers in Foreign Service 1 1 G. 2. without His Majesty's Licence ; and also an Act passed in Ireland in the Nineteenth Year of the Reign of His said late Majesty King George the Second, intituled A71 Act for the more Irish Act, effectual preventing His Majesty's Subjects from entering into 19 G. 2. Foreign Service, and for publishing an Act of the Seventh Year H H 4 iV2 Foreign EyiiirMENT. Recited Acts repealed. Subjects en- listing or engaging to enlist or serve in Foreign Service, mili- tary or naval, guilty of Mis- demeanor. APPENDIX. 59" Geo. 3. c.69. of King William the Third, intituled ' An Act to prevent Foreign 'Education ;' and all and every tlie Clauses and Provisions in the said several Acts contained, shall be and the same are hereby repealed. Sect. 2. And l)e it further declared and enacted, That if any natural born. Subject of His Majesty, His Heirs and Successors, without the Leave or Licence of His Majesty, His Heirs or Successors, for that Purpose first had and o1)tained, under the Sign Manual of His Majesty, His Heirs or Successors, or signified by Order in Council, or by Proclanuvtion of His Ma- jesty, His Heirs or Successors, shall take or accept, or shall agree to take or accept, any Military Con)niission, or shall otherwise enter into the Military Service as a Commissioned or Non-commissioned Officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself, to serve as a Soldier, or to be employed or shall serve in any Warlike or Military Operation in the Service of or for or under or in Aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province or People, either as an Officer or Soldier, or in any other Military Capacity ; or if any natural-born Subject of His Majesty shall, without such Leave or Licence as afore- said, accept, or agree to take or accept, any Commission, Warrant, or Appointment as an Officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a Sailor or Marine, or to be employed, or engaged, or shall serve in and on board any Ship or Vessel of War, or in and on board any Ship or Vessel used or fitted out, or equipped or intended to be used for any Warlike Purpose, in the Service of or for or under or in Aid of any Foreign Power, Prince, State, Potentate, Colony, Province, or Part of any Province or People, or of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or Part of any Province or People ; or if any natural-born Subject of His Majesty shall, without such Leave and Licence as aforesaid, engage, contract, or agree to go, or shall go to any Foreign State, Country, Colony, Province, or Part of any Province, or to any Place beyond the Seas, with an Intent or in order to enlist or enter himself to serve or with Intent to serve in any Warlike or Military Operation whatever, whether by Land or by Sea, in the Service of or for or under or in Aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or in the Service of or for or under or in Aid of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Pro- vince, or Part oi' any Province or People, either as an Officer 59^ Geo. 3. c.69. APPENDIX. 473 like Offence. or a Soldier, or in any other Military Capacity, or as an Foreign Officer or Sailor, or Marine, in any such Ship or Vessel as EyuirMENT. aforesaid, although no enlisting Money or Pay or Reward shall have been or shall be in any or either of the Cases afore- said actually paid to or received by him, or by any Person to or for his Use or Benefit ; or if any Person whatever, within All Persons the United Kingdom of Great Britain and Ireland, or in any retaining or Part of His Majesty's Dominions elsewhere, or in any Country, P'"ocunng Colony, Settlement, Island, or Place belonging to or subject "uiUv ofth" "" ' to His Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any Person or Persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such Service or Em- ployment as aforesaid, as an Officer, Soldier, Sailor, or Marine, either in Land or Sea Service, for or under or in Aid of any Foreign Prince, State, Potentate, Colony, Province, or Part of any Province or People, or for or under or in Aid of any Person or Persons exercising or assuming to exercise any Powers of Government as aforesaid, or to go or to agree to go or embark from any Part of His Majesty's Dominions, for the Purpose or with Intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting Money, Pay, or Reward shall have been or shall be actually given or received, or not ; in any or either of such Cases, every Person so offending shall be deemed guilty of a Misdemeanor, and upon being convicted thereof, upon any Information or Indictment, shall be punishable by Fine and Imprisonment, or either of them, at the Discretion of tiie Court before which such Offender shall be convicted. Sect. 3. Provided always, and be it enacted, That nothing in Act not to this Act contained shall extend or be construed to extend to extend to Per- render any Person or Persons liable to any Punishment or ^°"*-,^"^Jj*gf'',.e'^ Penalty under this Act, who at any Time before the First j^i,^ ximes Day of August One thousand eight hundred and nineteen, herein specified, within any Part of the United Kingdom, or of the Islands of Jersey^ Guei-nsey, Alderney, or Sark, or at any Time before the First Day of November One thousand eight hundred and nine- teen, in any Part or Place out of the United Kingdom, or of tlie said Islands, shall have taken or accepted, or agree to take or accept any Military Commission, or shall have otherwise enlisted into any Military Service as a Commissioned or Non- commissioned Officer, or shall have enlisted, or entered himself to enlist, or shall have agreed to enlist or to enter himself to serve as a Soldier, or shall have served, or having so served shall, after the said First Day of August One thousand eight hundred and nineteen, continue to serve in any Warlike or Military Operation, either as an Officer or Soldier, or in any other Military Capacity, or shall have accepted, or agreed to take or accept any Connnis.sion, Warrant, or Appointment as an Officer, or shall have enlisted or entered himself to serve, or 4.74 APPENDIX. 59" Geo. 3. c.69. Foreign Equipjient. shall have served, or having so served shall continue to serve as a Sailor or Marine, or shall have been employed or engaged, or shall have served, or having so served shall, after the said First Day of August, continue to serve in and on board any Ship or Vessel of War, used or fitted out, or equipped or intended for any VV'^arlike Purpose ; or shall have engaged, or contracted or agreed to go, or shall have gone to, or having so gone to shall, after the said First Day of Atigust, continue in any Foreign State, Country, Colony, Province, or Part of a Province, or to or in any Place beyond the Seas, unless such Person or Persons shall embark at or proceed from some Port or Place within the United Kingdom, or the Islands o^ Jersey, Guernsey, Alderney, or Sark, with Intent to serve as an Officer, Soldier, Sailor, or Marine, contrary to the Provisions of this Act, after the said First Day of August, or sliall embark or proceed from some Port or Place out of the United Kingdom, or the Islands of Jersey, Gtiernsey, Alderney, or Sark, with such Intent as aforesaid, after the said First Day of November, or who shall, before the passing of this Act, and within the said United Kingdom, or the said Islands, or before the First Day of November One thousand eight hundred and nineteen, in any Port or Place out of the said United Kingdom, or the said Islands, have hired, retained, engaged, or procured, or attempted or endeavoured to hire, retain, engage, or procure, any Person or Persons whatever, to enlist or to enter, or to engage to enlist or to serve, or be employed in any such Service or Employment as aforesaid, as an Officer, Soldier, Sailoi", or Marine, either in Land or Sea Service, or to go, or agree to go or embark for the Purpose or with the Intent to be so enlisted, entered, or engaged, or employed, contrary to the Prohibitions respectively in this Act contained, any thing in this Act con- tained to the contrary in anywise notwithstanding ; but that all and every such Persons and Person shall be in such State and Condition, and no other, and shall be liable to such Fines, Penalties, Forfeitures, and Disabilities, and none other, as such Person or Persons was or were liable and subject to before the passing of this Act, and as such Person or Persons would have been in, and been liable and subject to, in case this Act and the said recited Acts by this Act repealed had not been passed or made. Justices to issue Warrants for the Appre- hension of Offenders, Sect. 4. And be it further enacted. That it shall and may be lawful for any Justice of the Peace residing at or near to any Port or Place within the United Kingdom of Great Britain and Ireland, where any Offence made punishable by this Act as a Misdemeanor shall be committed, on Information on Oath of any such Offence, to issue his Warrant for the Apprehension of the Offender, and to cause him to be brought before such Justice, or any Justice of the Peace ; and it shall be lawful for the Justice of the Peace before whom such Offender shall be brought to examine into the Nature of the Oft'ence upon 59« Geo.'S. c. 69. APPENDIX. 4-75 Oatli, and to commit such Person to Gaol, there to remain Foreign until delivered by due Course of Law, unless such Offender Equipment. shall give Bail, to the Satisfaction of the said Justice, to appear and answer to any Information or Indictment to be preferred against him, according to Law, for the said Offence ; and that Where Offences all such Offences which shall be committed within that Part of shall be tried, the United Kingdom called England shall and may be pro- ceeded and tried in His Majesty's Court of King's Bench at Westminster, and the Venue in such Case laid at Westminster, or at the Assizes or Session of Oyer and Terminer and Gaol Delivery, or at any Quarter or General Sessions of the Peace in and for the County or Place where such Offence was committed ; and that all such Offences which shall be committed within that Part of the United Kingdom called Ireland shall and may be prosecuted in His Majesty's Court of King's Bench at Dublin, and the Venue be laid at Dublin, or at any Assizes or Session of Oyer and Terminer and Gaol Delivery, or at any Quarter or General Sessions of the Peace in and for the County or Place where such Offence was committed ; and all such Offences as shall be committed in Scotland shall and may be prosecuted in the Court of Justiciary in Scotland, or any other Court com- petent to try Criminal Offences committed within the County, Shire, or Stewartry within which such Offence was committed ; and where any Offence made punishable by this Act as a Mis- demeanor shall be committed out of the said United Kingdom, it shall be lawful for any Justice of the Peace residing near to the Port or Place where such Offence shall be committed, on In- formation on Oath of any such Offence, to issue his Warrant for the Apprehension of the Offender, and to cause him to be brought before such Justice, or any other Justice of the Peace for such Place ; and it shall be lawful for the Justice of the Peace before whom such Offender shall be brought to examine into the Nature of the Offence upon Oath, and to commit sucli Person to Gaol, there to remain till delivered by due Course of Law, or other- wise to hold such Offender to Bail to answer for such Offence in the Superior Court competent to try and having Jurisdiction to try Criminal Offences committed in such Port or Place ; and all such Offences committed at any Place out of the said United Kingdom shall and may be prosecuted and tried in any Superior Court of His Majesty's Dominions competent to try and having Jurisdiction to try Criminal Offences committed at the Place where such Offence shall be committed. Sect. 5. And be it further enacted. That in case anj' Ship or Vessel in any Port or Place within His Majesty's Dominions shall have on board any such Person or Persons who shall have been enlisted or entered to serve, or shall have engaged or agreed or been procured to enlist or enter or serve, or who shall be departing from His Majesty's Dominions for the Purpose and with the Intent of enlisting or entering to serve, or to be employed, or of serving or being engaged or employed in the Vessels with Persons on lioard engaged in Foreign Service may be detained at any Port in His Majesty's Dominions. 47 f) APPENDIX. 59" Geo. 3. c. 69. I-'OKEIGN Equipment. Oath to be made as to Facts and Cir- cumstances. Penalty on Masters of Ships, &c. taking on board Persons enlisted con- trary to this Act, 501. for each Person. Service of any Foreign Prince, State, or Potentate, Colony, Province, or Part oF any Province or People, or of any Person or Persons exercising or assuming to exercise the Powers of Government in or over any Foreign Colony, Province, or Part of any Province or People, either as an Officer, Soldier, Sailor, or Marine, contrary to the Provisions of this Act, it shall be lawful for any of the principal Officers of His Majesty's Cus- toms where any such Officers of the Customs shall be, and in any Part of His Majesty's Dominions in which there are no Officers of His Majesty's Customs for any Governor or Persons having tlie Chief Civil Command, upon Information on Oath given before them respectively, which Oath they are hereby respectively authorized and empowered to administer, that such Person or Persons as aforesaid is or are on board such Ship or Vessel, to detain and prevent any such Ship or Vessel, or to cause such Ship or Vessel to be detained and prevented from proceeding to Sea on her Voyage with such Persons as afore- said on board : Provided nevertheless, that no principal Officer, Governor, or Person shall act as aforesaid, upon such Infor- mation upon Oath as aforesaid, unless the Party so informing shall not only have deposed in such Information that the Person or Persons on board such Ship or Vessel hath or have been enlisted or entered to serve, or hath or have engaged or agreed or been procured to enlist or enter or serve, or is or are depart- ing as aforesaid, for the Purpose and with the Intent of enlisting or entering to serve or to be employed, or of serving, or being engaged or employed in such Service as aforesaid, but shall also have set forth in such Information upon Oath the Facts or Circumstances upon which he forms his Knowledge or Belief, enabling him to give such Information upon Oath ; and that all and every Person and Persons convicted of wilfully false swear- ing in any such Information upon Oath shall be deemed guilty of and suffer the Penalties on Persons convicted of wilful and corrupt Perjury. Sect. 6. And be it further enacted, That if any Master or other Person having or taking the Charge or Command of any Ship or Vessel in any Part of the United Kingdom of Great Britain and Ireland, or in any Part of His Majesty's Dominions beyond the Seas, shall knowingly and willingly take on board, or if such Master or other Person having the Command of any such Ship or Vessel, or any Owner or Owners of any such Ship or Vessel, shall knowingly engage to take on board any Person or Persons who shall have been enlisted or entered to serve, or shall have engaged or agreed or been procured to enlist or enter or serve, or who shall be departing from His Majesty's Dominions for the Purpose and with the Intent of enlisting or entering to serve, or to be employed, or of serving, or being engaged or employed in any Naval or Military Service, con- trary to the Provisions of this Act, such Master or Owner or other Person as aforesaid shall forfeit and pay the Sum of Fifty 39" Geo. 3. e. 69. APPENDIX. 477 Pounds for each and every such Person so taken or engaged to be taken on board ; and moreover every such Ship or Vessel, so having on board, conveying, carrying, or transporting any such Person or Persons, shall and may be seized and detained by the Collector, Comptroller, Surveyor, or other Officer of the Customs, until such Penalty or Penalties shall be satisfied and paid, or until such Master or Person, or the Owner or Owners of such Ship or Vessel, shall give good and sufficient Bail, by Recognizance before One of His Majesty's Justices of the Peace, for the Payment of sucli Penalty or Penalties. Sect. 7. And be it further enacted, That if any Person within any Part of the United Kingdom, or in any Part of His Ma- jesty's Dominions beyond the Seas, shall, without the Leave and Licence of His Majesty for that Purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any Ship or Vessel, with Intent or in order that such Ship or Vessel shall be employed in the Service of any Foreign Prince, State, or Potentate, or of any Foreign Colony, Province, or Part of any Province or People, or of any Person or Persons exercising or assuming to exercise any Powers of Government in or over any Foreign State, Colony, Province, or Part of any Province or People, as a Transport or Store Ship, or with Intent to cruise or commit Hostilities against any Prince, State, or Potentate, or against the Subjects or Citizens of any Prince, State, or Potentate, or against the Persons exercising or assuming to exercise the Powers of Government in any Colony, Province, or Part of any Pi'ovince or Country, or against the Inhabitants of any Foreign Colony, Province, or Part of any Province or Country, with whom His Majesty shall not then be at War; or shall, within the United Kingdom, or any of His Majesty's Dominions, or in any Settle- ment, Colony, Territory, Island, or Place belonging or subject to His Majesty, issue or deliver any Commission for any Ship or Vessel, to the Intent that such Ship or Vessel shall be employed as aforesaid, every such Person so off'ending shall be deemed guilty of a Misdemeanoi", and shall, upon Conviction thereof, upon any Information or Indictment, be punished by Fine and Imprisonment, or either of them, at the Discretion of the Court in which such Offender shall be convicted ; and every such Ship or Vessel, with the Tackle, Apparel, and Furniture, together with all the Materials, Arms, Ammunition, and Stores which may belong to or be on board of any such Ship or Vessel, shall be forfeited ; and it shall be lawful for any Officer of His Majesty's Customs or Excise, or any Officer of His Majesty's Navy, wiio is by Law empowered to make Seizures for any Forfeiture incurred under any of the Laws of Customs or Excise, or the Laws of Trade and Navigation, to seize such Foreign Ecjl'IPMEKT. Penalty on Persons fitting^ out armed Ves- sels to aid in Military Ope- rations with any Foreign Powers witliout Li- or issuing Com- missions for Ships. -1-78 FORF.IGV Equipment. APPENDIX. 59'^ Geo. S. c. 69. of Vessels of Foreign States, &c Sliips and Vessels aforesaid, and in such Places and in such Manner in which the Officers of His Majesty's Customs or Excise and the Officers ol' His Majesty's Navy are empowered respectively to make Seizures under the Laws of Customs and Excise, or under the Laws of Trade and Navigation ; and that every such Siiip and Vessel, with the Tackle, Apj)arel, and Furniture, together with all the Materials, Arms, Ammunition, and Stores vvliich may belong to or be on board of such Ship or Vessel, may be prosecuted and condemned in the like Manner, and in such Courts, as Ships or Vessels may be prosecuted and condemned for any Breach of the Laws made for the Protec- tion of the Revenues of Customs and Excise, or of the Laws of Trade and Navigation. Penalty for Sect. 8. And be it further enacted. That if any Person in any aiding the "War- Part of the United Kingdom of Great Britain and Ireland., or '^^^^^"/P™*^"' bi any Part of His Majesty's Dominions beyond the Seas, without the Leave and Licence of His Majesty for that Pur- pose first had and obtained as aforesaid, shall, by adding to the Number of the Guns of such Vessel, or by changing those on board for other Guns, or by the Addition of any Equipment for War, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike Force of any Ship or Vessel of War, or Cruizer, or other armed Vessel, which at the Time of her Arrival in any Part of the United Kingdom, or any of His Majesty's Dominions, was a Ship of War, Cruizer, or armed Vessel in the Service of any Foreign Prince, State, or Potentate, or of any Person or Persons exercising or assuming to exercise any Powers of Government in or over any Colony, Province, or Part of any Province or People belonging to the Subjects of any such Prince, State, or Potentate, or to the Inhabitants of any Colony, Province, or Part of any Province or Country under the Control of any Person or Persons so exercising or assuming to exercise the Powers of Government, every such Person so off'ending shall be deemed guilty of a Misdemeanor, and shall, upon being convicted thereof, upon any Information or Indictment, be {lunished by Fine and Imprisonment, or either of them, at the Discretion of the Court before whick such Offiender shall be convicted. Offences com- mitted out of the Kingdom may be tried at Westminster. Sect. 9. And be it further enacted, That Offences made punishable by the Provisions of this Act, committed out of the United Kingdom, may be prosecuted and tried in His Majesty's Court of King's Bench at Westminster, and the Venue in such Case laid at Westminster, in the County of Middlesex. How Penalties Sect. 10. And be it further enacted. That any Penalty or shall be sued for Forfeiture inflicted by this Act maybe prosecuted, sued for, and recovered, by Action of Debt, Bill, Plaint, or Information, in any of His Majesty's Courts of Record at Westminster or and recovered. X 59° Geo. 3. c. 69. APPENDIX. 479 Foreign KniriPMENT. Dublin, or in the Court of Exchequer, or in the Court of Session in Scotland, in tlie Name of His Majesty's Attorney General for England or Ireland, or His Majesty's Advocate for Scotland respectively, or in the Name of any Person or Persons whatsoever, wherein no Essoign, Protection, Privilege, Wager of Law, nor more than One Imparlance, shall be allowed; and Double Costs. in every Action or Suit the Person against whom Judgment shall be given for any Penalty or Forfeiture under this Act shall pay Double Costs of Suit; and every such Action or Limitation of Suit shall and may be brought at any Time within Twelve Actions. Months after the Offence committed, and not afterwards ; and one Moiety of eveiy Penalty to be recovered by virtue of this Act shall go and be applied to His Majesty, His Heirs or Successors, and the other Moiety to the Use of such Person or Persons as shall first sue for the same, after deducting the Charges of Prosecution from the whole. Sect. 11. And be it further enacted, That if any Action or Suit shall be commenced, either in Great Britain or elsewhere, against any Person or Persons for any thing done in pursuance of this Act, all Rules and Regulations, Privileges and Protec- tions, as to maintaining or defending any Suit or Action, and pleading therein, or any Costs thereon, in i-elation to any Acts, Matters, or Things done, or that may be done by any Ofiicer of Customs or Excise, or by any Officer of His Majesty's Navy, under any Act of Parliament in force on or immediately before the passing of this Act, for the Protection of the Revenues of Customs and Excise, or Prevention of Smuggling, shall apply and be in full Force in any such Action or Suit as shall be brought for any thing done in pursuance of this Act, in as full and ample a Manner to all Intents and Purposes as if the same Privileges and Protections were repeated and re-enacted in this Act. Former Rules established by Law to be ap- plied to Actions commenced in pursuance of this Act. Sect. 12. Provided always, and be it further enacted. That Penalties not to nothing in this Act contained shall extend, or be construed to extend to Per- extend, to subject to any Penalty any Person who shall enter ?°"^ MTt'"^ into the Military Service of any Prince, State, or Potentate in Service in Asia. Asia, with Leave or Licence, signified in the usual Manner, from the Governor General in Council, or Vice President in Council, of Fort Williatn in Bengal, or in conformity with any Orders or Regulations issued or sanctioned by such Governor General or Vice President in Council. 4 HO APPENDIX. 3"ssees thereof; (that is to say,) the Liglitliouse uj)on the Island Kock eallcd " Sherries" in Saint George s C/ifiime/, unch^r the Control and Management of Marfan Jones ICstpiire, acting by virtue of an Act of tiie Third Year of Georye the Second, intituled An Act for con- firming (I Patent granted hi/ Her late Majesti/ (Jiteen Anne to William Trench J'Jsquire, deceased, for erecting a Lighthouse 'npon the Island or Hoch called " Skerries," and for the better Maintenance of the said Lighthonse ; and for mahing the Duties granted for ntainfaining the same perpetual; the Lighthouses near the Spurn Point at the Mouth of the Hiver Humher under the Control and Management of Benedict John Angell Avgell Esquire and George Loivther Thomson Esquire, acting by virtue of an Act of the Si.vtli Year of George tlie Third, intituled An Act for taking doum and removing certain Light houses 11010 standing near the "Spurn Point" at the Mouth of the H umber, and for erecting other fit and convenient TJghthouses instead thereof and an Act of the Twelfth Year of George the Third, intituled An Act to explain and amend an Act passed in the Sixth Year of His present Majesty, intituled ' An Act ' for taking doivn and removing certain Lighthouses now standing ' near the " Spurn Point" at the Mouth of the Humber, and for ' erecting other fit and conveiiient Lighthouses instead thereof ; the Lighthouse at Tinmouth in the County of Northumberland under the Control and iManagement of William Foivke Esquire, acting by virtue of an Act of the Forty-second Year of George the Third, intituled Aii Act for improving the Tinmouth Ca.^tle Lighthouse and Light, and for authorizing additional IJght Duties in respect of such Improvement ; and the Lighthouse on the Rock called " The Smalls," in Saint George's Channel, under the Control and Management of Mistress Elizabeth Buchanan and Thomas Pickering Clarke Esquire, by virtue of a Lease from the said Master, Wardens, and Assistants of the Corporation of Trinity House, subject to a Rent payable in respect thereof ; and the Lighthouse on the Rock called " The Longships," on the Coast of Cornwall, is held by Henry Pascoe Smith Esquire, by virtue of a like Lease from the said xMaster, Wardens, and Assistants : And whereas by an Act of the Third Year of George the Fourth, intituled An Act for (among other things) enabling the Corporation of Trinity House of Deptford Strond to reduce, alter, modify, relinquish, or abolish Dues payable to the said Corporation ; and for other Purposes connected therewith, it was enacted, that the Master, Wardens, and Assistants of the said Corporation might with any surplus Monies then or thereafter in their Hands, arising from any Tolls theretofore or thereafter payable to them, purchase any Beacons, Euovs, Lighthouses, or other Marks 6 6" & 1" (Jul,. 4'. c. 79. APPENDIX. 485 and Signs fur the Se;i, or aiij' Interest tlu rein oi- in any Tolb I.i- iiniocsF. . arising therefrom, belonging to any Body (.'orporatc? or I'olilii' or to any Person ; and that all sueli Bodies or Persons, and all other Persons whosoever possessed thereof' or interested therein, might eontract for the Sale tliercof wiih the said Master, Wardens, and Assistants, and might eonvey tiie same to them : And whereas by virtue of the last-mentioned Act the said Master, Wardens, and Assistants have purchased certain Estates and Interests in Lightliouscs and Tolls iVoin Parties possessed thereof: And whereas the several Lighthouses upon the Coasts Scotch Lights, of Scotland are under the Control and Management of the Commissioners of the Northern Liglithouses, acting by virtue of an Act of tiie Twenty-sixth Year of George the Third, intituled An Act for erecting certain fJnluhouses in the Northern l'6 G. 3. c. 101. Parts o/'(Jreat Britain, and of several other Acts for rendering the last-mentioned Act more effectual : And whereas tlie several Irish Lights. Liglithouses upon the Coasts of /7-e/««f/ are under tlu; Control and Management of the Corporation for preserving and im- proving the Port o^ Dublin acting by virtue of an Act of the Fifty-second Year of George the Third, intituled An Act to 52 G. :5. c. 115. malic more effectual Provision for enabling the Corporation for jireservitig and improving the Port of Dublin to erect, re- pair, and maintain Lighthouses and Lights round the Coasts of Ireland, and to raise a Fund for def raging the Charges thereof: And whereas there are also divers other Lights exhibited in Harbour and near to certain Ports, Harbours, and Places ou the Coasts Lights, of the United Kingdom for the Guidance of Vessels entering or resorting to the same, and sometimes called Local or Har- bour Lights, which Lights are under the Control and Manage- ment of Commissioners, Trustees, and other local Ofiiccrs and Persons: And whereas, in order to tlie Attainment of Unifor- mity of System in the Management of Lighthouses, and the Ileduction and Equalization of the Tolls payable in respect thereof, it is necessary that all Lighthouses upon the Coast of England and other Places adjoining or near thereto, for the Protection and Guidance of Vessels navigating the Pritish Seas, and the Tolls payable in respect thereof, should be vested in the said Master, Wardens, and Assistants, and that the several Lighthouses upon the Coasts of Scotland and Ireland respec- tively should be under their Supervision : And whereas in order to prevent Accidents which may arise from Local or Harbour Lights in the United Kingdom being mistaken foi- Coast Lights it is necessary that they should be made subject to the Control of the said Master, Wardens, and Assistants, Commissioners of Northern Lighthouses, and Corporation for preserving and improving the Port of Dublin respectively : Be it therefore 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 Parliuuient assembled, 1 I 3 486 LiGiniioi si.N. Property of tlie Crown in lighthouses transferred to the Trinity House; subject to certain sub- sisting Leases granted by the Commissioners of Woods and Forests. Extra Duties on Foreign Ships privileged imder tlie Re- ciprocity Acts no longer to be paid to the Trinity House out of the Con- solidated Duties of Customs. If Reciprocity Conventions cease, the Duties to be again levied, and the Amount thereof paid into the Con- solidated Fund. AITENDIX. G" & 7" Gui., 4- c.79. and by the Authority of the same, That on and after the First Day of ./c/«w/n/ One thousand eight iiundred and thirty-seven all the Estate, Hight, and Interest of His INIajcsty in the several Lighthouses at Harwich., Diuigeness, Wintcrton/iess, Orfordness, and Httiistaiilon Cliff, and in the Land whereon the same respectively stand, and the Buildings, Lands, and Appurte- nances thereunto respectively belonging, and occupied for the Purposes of the same respectively, and the Fixtures, Apparatus, and Furniture thereunto belonging, and the Tolls and Duties payable in respect thereof, shall be transferred to and shall be absolutely vested in the said Master, Wardens, and Assistants, subject nevertheless to the several subsisting Leases of the said several Lighthouses and Premises granted by His Majesty, or by the Comn)issioners of His Majesty's Woods, Forests, Land Revenues, Works, and Buildings, to the several Persons under whose Control and Management the .said Lighthouses re.spectively now are, as herein before is mentioned. Sect. SL And whereas certain Tolls are by Law payable in respect of certain of the Lighthouses referred to in this Act as being under the Control and Management of Lidividuals, and also in respect of certain other Lighthouses now under the Control and Management of the said Master, Wardens, and Assistants, on Foreign Ships and Vessels, over and above the Tolls payable in respect of such Lighthouses on British Ships and Vessels; but the Vessels of certain Foreign Powers have, by virtue of Conventions and Treaties heretofore entered into with such Foreign Powers, and by Orders of His Majesty in Council, been exempted from the Payment of such extra Tolls, and Provision hath been made for indemnifying the several Persons entitled thereto, by Payment of the same out of the Consolidated Duties of Customs : And whereas it is expedient that the said Consolidated Duties should be relieved from such Payments ; be it therefore enacted, That from the passing of this Act no Payment shall be made out of the said Consolidated Duties as Indemnity for such extra Tolls in respect of any Lighthouse now under the Control and Management of the said Master, Wardens, and Assistants, nor shall any such Payment be made in respect of any Lighthouse to be purchased by them under the Authority of this Act from the Time when the Pur- chase thereof shall be completed. Sect. .32. Provide always, and be it further enacted, That if at any Times hereafter any of the said Conventions and Treaties shall determine, or any of the said Orders of His Majesty in Council shall be revoked, then the said extra Tolls shall again be levied on the Ships and Vessels of Foreign Powers on which, prior to such Conventions, Treaties, and Orders, such extra Tolls were payable; and the Amount of all such extra Tolls 6" & 7" GuL. 4. c. 79. APPENDIX. which shall be received by the said Master, Wardens, and Assistants shall be paid by them to the Consolidated Fund of the United Kingdom of Great Britain and Ireland. 487 lilOHTHOlISES. Heligoland and the Beinbridge Liglit in the 'I'riuity House. Sect. 35. And whereas there hath for a long Series of Years Vesting the been a Lighthonse upon the Island of //e//V7o/««<7, and a Light lighthouse at exhibited therefrom for the Protection and Guidance of Ships and Vessels navigating the German Ocean, or entering or de- parting from the Rivers Elbe and Wescr, and such Lighthouse was rebuilt in or about the Year One thousand eight liundred and ten : And whereas a Floating Light was established in or about the Year One thousand eight hundred and thirteen on Bembridge Ledge in the English Channel: And whereas the said Lighthouse and Light have since those Times been respec' tively maintained by and at the Cost of His Majesty ; be it therefore further enacted, That from the passing of this Act the said Lighthouse at Heligoland, with the Land, Buildings, and Appurtenances thereunto belonging or occupied for the Pur- pose thereof, and all the Fixtures, Apparatus, and Furniture respectively belonging thereto, and the Floating Light on Bembridge Ledge aforesaid, with the Vessel from which the same is exhibited, and the Tackle, Furniture, and Stores belong- ing to the said Vessel, together with the Furniture and Appa- ratus of and belonging to the said Floating Light, shall become the Property of and absolutely vest in the said Master, Wardens, and Assistants, and their Successors, and they shall thenceforth be deemed to be in the actual Occupation thereof, freed from all former and other Estates, Rights, Titles, Interests, Claims, and Demands, whether of His Majesty or of any other Person, and the Maintenance, Control, and Management of the said Lighthouse and Floating Light shall thenceforth be in the said Master, Wardens, and Assistants as are the several Light- houses and Floating Lights now belonging to them. Sect. 36. And whereas the Tolls received in respect of the Duties to be Lighthouse in the Island oi Heligoland are insufficient to defray taken in respect the necessary Expences of maintaining the same, and the Excess of the Heligo- of Expences beyond the Receipts has become a considerable Light. Charge on His Majesty's Government: And whereas Foreign Ships and Vessels, although they derive great Benefit from the said Lighthouse, do not at present pay any Toll in respect thereof, and it is reasonable that such Foreign Vessels should contribute to the Expences of the same, so far as they are benefited thereby ; be it therefore further enacted, That from the Thirty-first Day of December One thousand eight hundred and thirty-six the several Tolls now levied and taken in respect of the said Light so exhibited on the said Island of Heligoland shall cease and be no longer received, and that in lieu thereof the said Master, W^ardens, and Assistants may from the said Thirty-first Day o^ December One thousand eight hundred and I I 4 488 LlOHTHOCSES. APPENDIX. 6"&7"GuL. 4. C.79. tliirty-six, Iroiii Time to Time, receive towards the Maintenance of" the said Lighthouse, and the Exhibition of a proper Light therefrom, the Sum of One Penny per Ton for every Vessel (not belonging to His Majesty) for each Time that such Vessel shall depart from any Port or Place within the United King- dom of Great Britain and Ireland to any Port or Place at, within, or near to the Entrance of the Rivers 7i76e and Weser or either of them, and the like Toll upon every Vessel (not be- longing to His said Majesty) for each Time tiiat such Vessel shall arrive at any Port or Place within tlie said United King- dom from any Port or Place at, within, or near to the Entrance of the said Rivers or either of them. Duties hereafter to be paid in respect of Lightliouses, &c. on the Coasts of Scot- land. Sect. 40. And be it enacted, That from the First Day of January One thousand eight hundred and thirty-seven the Tolls now payable by or in respect of Vessels for or towards the Maintenance of the several Lighthouses at present under the Management of the Commissioners of Northern Light- houses (1) shall cease to be payable, and that in lieu thereof there shall thenceforth for ever be paid to the said Commis- sioners of the Northern Lighthouses for every Vessel belonging to the United Kingdom of Great Britain and Ireland (the same not belonging to His Majesty, His Heirs or Successors, or being navigated wholly in Ballast), and for every Foreign Vessel which by any Act of Parliament, Order in Council, Convention, or Treaty shall be privileged to enter the Ports of the said United Kingdom upon paying the same Duties of Tonnage as are paid by British Vessels (the same not being Vessels navigated wholly in Ballast), which shall pass any of the said Lighthouses or derive Benefit thereby, the Toll of One Halfpenny ^e?- Ton of the Burden of every such Vessel for each Time of passing every such Lighthouse or deriving Benefit thereby, and of One Penny per Ton for each Time of passing the Bell Bock Lighthouse, and Double the said Tolls for every Foreign Vessel not so privileged. Extra Duties on Foreign Ships privileged under tlie Reciprocity Acts no longer to be paid to the Commissioners or Corporation. Sect. 41. And be it enacted, That from the passing of this Act all Payments heretofore made to the said Commissioners of the Northern Lighthouses and to the Corporation for preserving and improving the Port of I)ublin respectively (2), out of the Consolidated Duties of Customs, in lieu of any extra Tolls paj'- able on Foreign Vessels in respect of any Lighthouse on the Coasts of Scotland or Ireland respectively, shall cease : Provided always, that in case any of the said extra Tolls shall again be levied the same shall be paid by the said Commissioners and Corporation to the Consolidated Fund of Great Britain and Ireland. (1) See§ I. (2) Sec § 1. 6" & 7 • (lUL. 1. c. 79. APPENDIX. 489 Sect. 50. And be it enacted, That the said Corporation for Lkihthouses. preserving and improving the Port o^ Dubliii (1) may, after the passing of this Act, appoint fit Persons at and for such 5'"'l">ration for Ports, Districts, and Places in Ireland as they shall deem i\)','[" /'jf '| 'r expedient to be Collectors of the Tolls payable or to be here- may appoint after j)ayable to the said Corporation in respect of Li-^lit- t'oik-ciors of houses upon the Coasts of Ireland; and as soon as such Tolls in respect Appointment shall have been made the Tolls v.Iiich by tiie f^^'" I''Sl»H»>u^e!i. said recited Act of the Fifty-second Year of King George the Third (2) are directed to be paid to the Collector or other Chief Officer of the Customs in the several Ports o^ Ireland shall be paid to and collected by the Collectors so to be appointed by the said Corporation. Sect. 51. And for the more uniform and better Collection of Duties in re- thc Tolls payable in respect of Lighthouses throughout the spect of Light- United Kingdom, and for affording greater Facility to Parties 'lousesthroiiglt- paying the same, be it enacted. That from the Thirty-first Day K'iVd^n'hiw of Deceinber One thousand eight hundred and thirty-six the to'be colk-cted. Collector from Time to Time appointed by the said Master, Wardens, and Assistants for any Port, District, or Place in England^ and the Collector appointed by the said Commis- sioners for any Port, District, or Place in Scotland, and the Collector appointed by the said Corporation for any Port, District, or Place in Ireland, is hereby authorized and required to collect, demand, and receive all the Tolls to which every Vessel within such Port, District, or Place shall be liable in respect of any Lightiiouse, in whatsoever Part of the said United Kingdom such Lighthouse may be situate, and whether such Tolls shall be payable to such of them, the said Master, Wardens, and Assistants, Commissioners and Corporation, as such Collector was appointed by, or to the other or others of them; and every such Collector shall account for and pay over all the Tolls received by him to such of them, the said Master, Wardens, and Assistants, ('ommissioners and Corporation, as he shall have been appointed by ; and the said Master, Wardens, and Assistants, Commissioners and Corporation, shall in every Year mutually account to each other for all such Tolls as shall have been received by any of them for the others of them respectively under this Act, and pay over whatever Balance may be due on such Account to either of them. Sect. 52. Provided always, and be it enacted. That if at any Duties to be Time the Lords Commissioners of His Majesty's Treasury coHected by the shall be of opinion that in any Case the Collection of the said 1, .'^'^!"^°^,?^'* rr. 11 -1 1 II 1 I ii i -i • IMajesty s Lus- loUs can conveniently and properly be made, and tliat it is toms when tlie expedient that the same should be made by the Collector or Lords of the (I) See §§ 1. and 41. (2) That is, Cap. 115. See § 1, 490 Lighthouses. Treasury so recommend. APPENDIX. G- & 7" GuL. 4. c. 79. other Chief Olficer of His Majesty's Customs at any Port or Place, tlic said Lords Commissioners shall and may from Time to Time communicate such their Opinion to the said Master, Wardens, and Assistants, Commissioners or Corporation respec- tivelj^ who shall thoreui)on appoint such Collector or other Chief OHicer to make such Collection accordingly, and pay him such Commission or Allowance (if any) in respect thereof as to the said Lords Conuuissioners shall seem reasonable. Duties when to be collected. Allowance for Collection in certain (^ascs. Sect. 53. And be it enacted. That no Officer of the Customs of His Majesty at any of the Ports, Harbours, or Places of the said United Kingdom who shall be required in manner herein- after mentioned to ascertain that such Tolls have been paid, shall receive any Entry or Report or Cocquet or other Dis- charge or Clearance, Inwards or Outwards, for any Vessel liable to any Tolls payable in respect of any Lighthouse, in whatever Part of the United Kingdom the same may be, until the Owner, Master, or other Person having the Command of such Vessel, or his Agent, shall show to such Officer of the Customs a Voucher for the Payment of such Tolls, signed by some Collector appointed by the said Master, Wardens, and Assistants, Commissioners or Corporation, in respect of such Port, Harbour, or Place (if any such Collector shall have been so appointed) ; and so often as it shall happen that there shall be no such Collector appointed by the said Master, Wardens, and Assistants, Commissioners or Corporation, in respect of any such Port, Harbour, or Place, then until the Amount of such Tolls to which any such Vessel entering or departing from any such Port, Harbour, or Place shall be liable shall have been paid to the Collector or other Chief Officer of His Majesty's Customs at such Port, Harbour, or Place, who shall receive such Tolls and cause the Amount thereof to be paid to the said Master, Wardens, and Assistants, Commissioners or Corpora- tion ; (that is to say,) where the Port, Harbour, or Place shall be in Englatid, to the said Master, AVardens, and Assistants ; where the said Port, Harbour, or Place shall be in Scotland, to the said Commissioners ; and Avhere the said Port, Harbour, or Place shall be in Ireland, to the said Corporation ; the said Officer of His Majesty receiving such Tolls and paying the same being allowed such reasonable Commission in respect thereof as to the said Master, Wardens, and Assistants, Commis- sioners and Corporation respectively, shall seem meet, so that the same shall not exceed Fivejoer Cent, on the Sums collected by him ; and the Commissioners of His Majesty's Customs shall from Time to Time, if thereunto requested by the said Master, Wardens, and Assistants, Commissioners or Corporation, require some One Officer of His Majesty's Customs at every such Port, Harbour, or Place to ascertain that such Tolls have been paid, and shall from Time to Time give such Orders to such OHicer in relation thereto as shall seem necessary for securing the Col- 8 6- & 7- GvL. 4. c. 79. 7VPPENDIX. 491 lection of the said Tolls according to any Regulation then in Lkjhthouses. force respecting such Collection. Sect. 54. And be it enacted, That in case any Master or I'ower of Dis- Owner, or other Person having the Charge of any Vessel liable tress for Duties, to the Payment of any Tolls in respect of any Lighthouse, shall refuse or neglect to pay any such Tolls to which such Vessel siiall be liable to the Collector authorized to receive the same, the said Master, Wardens, and Assistants, Commissioners and Corporation respectively, or the Collector autliorized to receive tlie same, or the Collector or other Chief Officer of His Majesty's Customs, or other Person entitled to receive the same, may seize and carry away any of the Goods, Merchandize, Guns, Tackle, Furniture, or Apparel of or belonging to or on board of any such Vessel (leaving Notice thereof on board such Vessel), and detain the same for the Space of Three full Days then next, unless the said Tolls, and all Arrears thereof due in respect of such Vessel, shall in the meantime be satisfied ; and in case all such Tolls and Arrears thereof shall not before the Expiration of such Three Days have been satisfied, then the said Master, Wardens, and Assistants, Commissioners or Corporation, or the Collector authorized to receive the same, or the Collector or other Chief Officer of His Majesty's Customs, or other Person entitled to receive the same, or such Person as they shall appoint in that Behalf, may cause the same Goods, Merchandize, Guns, Tackle, Furniture, or Apparel so seized to be appraised by Two or more sufficient Persons or sworn Appraisers within a reason- able Space of Time then next following, and may thereupon sell the same, and out of the Proceeds of such Sale pay the Amount of the Tolls or Arrears thereof to which such Ship shall be liable, together with the reasonable Charges of the Seizure, Detention, Appraisement, and Sale, rendering to the Master or Owner or other Person having the Command of such Vessel the Overplus (if any), on Demand. Sect. 55. Provided nevertheless, and be it enacted. That, not- Duties may be withstanding any thing in this Act contained, the said Master, recovered by Wardens, and Assistants, and the said Commissioners, and the Action or Smt. said Corporation, may sue for and recover the Amount of any Tolls payable to them in respect of any Lighthouse by Action of Debt or Suit in Equity in any of His Majesty's Courts of Record in Great Britain or Ireland, against the Owner or Master or other Person having tlie Command of any Vessel liable thereto. Sect. 57. And be it enacted, That the said Master, Wardens, Regulations to and Assistants, Commissioners and Corporation respectively, be made for from Time to Time, upon the like Requisition, or with the like l^elief of Ships ^ ^ ^r- ixr • • 1^ 1 I r> 1 i- L- and Vessels Consent of His Majesty in Council, may make Regulations tor ^^j^j^ regard to the Purpose of relieving certain \'cssels from the Tolls payable Duti ties. -1!)2 APPENDIX. 6' & 7" GuL. i-. c. 79. LiijirmoiisK . to the said Master, Wardens, and Assistants, Commissioners and Corj)oiutioii re.s))ectivcl\', in respect of any Lighthouses, upon such Terms and to sucli Extent as to them respectively sliall seem [)ro])er, or for the Purpose of substituting any other Chiss of Toll or other Payment in respect of Vessels, or any ])articular Description of Vessels, in lieu of the; Tolls to Avliieh such Vessels may be subject at the Time of the making such Regulations respectively, or for the Purpose of altering the Times and Places or cither of them at which any Tolls in respect of any Lighthouses shall be payable, and may revoke or alter any such Regulation ; and from and after tlic Time when such Regulation shall take effect the Tolls thereby made payable shall be ]);iid by the Owners and Masters of the Vessels mentioned therein (unless otherwise directed by such Regulation), and be recoverable by the said Master, Wardens, and Assistants, Commissioners and Corporations re- spectively, at such Time and Place and in such ?>Ianner as were the Tolls in lieu whereof the same shail have been so made payable : Provided always, that no such Regulation, or Revocation or Alteration of any such Regulation, shall take effect until the same shall have been submitted by the said Master, Wardens, and Assistants, Commissioners or Corpo- ration respectively, to and shall have been assented to and confirmed by His Majesty in Council, and such Assent and Confirmation shall have been signified in Writing to the said Master, Wardens, and Assistants, Commissioners or Corporation respectively, nor until One Month after the said Master, War- dens, and Assistants, Commissioners or Corporation respectively, shall have caused Notice of such Regulation, or of such Revo- cation or Alteration of any Regulation, (as the Case nsay be,) to be published in the London Gazette. Tables of Tolls Sect. 58. And, to the Intent that the Amount of the Tolls and Regulations fi-^^p, fime to Time payable to the said Master, Wardens, and to be hung up ui ^ggistants, Connnissioiiers and Corporation respectively, upon Vessels, in respect of Lighthouses, and also the Regulations from Time to Time in force concerning them, may be publicly made known, be it further enacted. That as soon as conveniently may be after the said Master, Wardens, and Assistants shall have completed the said Purchases by this Act authorized to be made, and shall, upon the Requisition or with the Consent of His Majesty in Council, have altered, modified, or reduced the Tolls hereby vested in them, or made Regulations concerning the same, they shall cause to be drawn up a Table of all the Tolls payable to them upon Vessels in respect of any Light- houses, together with a Summary of such Regulations as shall have been made by them concerning the same upon such Requi- sition or with such Consent as aforesaid, and shall cause the same to be laid before His Majesty in Council, and the same shall be signed by the Clerk of the Council, and enrolled and 6- & 7° GuL. 4. c. 79. APPENDIX. 4-9'A entered amongst tlie Public Reeortls thereol'; and the said Lichthouses. Master, Wardens, and Assistants sliall cause a printed Copy of such Table togetiier with such .Sunmiary to be (U'livered to the Commissioners of His Majesty's Customs at Ilis Majesty's Custom House in London, and a printed Copy tiiereof to be also forwarded to His Majesty's Principal Officer of Customs at each Port or Place witiiin the United Kingdom for which any such Officer shall be appointed ; and the said Commissioners and Corporation respectively shall within Four Months next after the passing of this Act in like Manner cause to be drawn up a like 'J'able of all the Tolls ])ayable to them respectively upon Vessels in respect of any Lighthouses, with a Summary of such Regulations as shall have been made by them concerning the same upon such Requisition or with such Consent as afore- said, and shall cause the same to be laid before His Majesty in Council, and the same shall be signed and enrolled or entered as aforesaid ; and the said Commissioners and Corporation respectively shall cause printed Copies of such Tables respec- tively, together with such Summary, to be so delivered and forwarded as aforesaid, and so from Time to Time as often as any Alteration in the Amount of any such Tolls, or any new Regulation, or Alteration of any existing Regulation concerning the same, shall be made, the said Master, Wardens, and Assist- ants, Commissioners or Corporation respectively, shall, with all convenient Speed, cause fresh Tables of such Tolls and a Sum- mary of every such new Regulation or Alteration to be laid before His Ivlajesty in Council, where the same shall be so signed and entered as aforesaid ; and t!ie said Master, Wardens, and Assistants, Commissioners and Corporation respectively, shall j'ause printed Copies thereof in like Manner to be delivered at His Majesty's Custom Houses in London, Edinburyh, and Duhlin respectively, aiul forwarded to such several Principal Officers of Customs vvitliin the United Kingdom ; and the Com- missioners of His Majesty's Customs for the Port oi London, EdinhioyJi, and Dublin respectively, and all other His Majesty's Prin('i|)al Officers of Customs for any such Port or Place to whom any such Copies shall be so delivered or forwarded, shall cause the same to be kept constantly hung up and preserved as long as the same shall remain in force in some conspicuous Part of His Majesty's Custom Houses in London, Edinburgh,, and Dublin respectively, or other the Custom House for any such Port or Place, so that the said Tables may be seen and read by all Persons having any Business in such Custom Houses respec- tively ; and the Tolls specified in any such Table, when so signed and entered, shall be the lawful Tolls or Duties payable to the said Master, Wardens, and Assistants, Commissioners and Corporation respectively, and the same, and none other, shall be receivcil by them respectively upon the Vessels and in respect of the Lighthouses therein referred to, and in such Manner and Form as shall be directed therein, or in such Summary so there- 494. APPENDIX. &' & 7" (Jul. -t. c. 79. LioHTiiousKs. V illi drawn u]) and ontorod as aforesaid ; and a Copy of any — - sucli Table, examined with the Original so entered and so pur- porting to be signed as aforesaid, shall be deemed and taken in all Courts of Law and other Places to be Evidence of tlie Right to recover such Tolls according to the Tenor thereof. Interpretation Sect. 64-. And bc it enacted, That in the Provisions of this Clause. Act which relate to the Purchase or vesting of Lighthouses, and to the Application of the Purchase Money thereof, the Word " Lighthouse " shall be construed to include (as the Case may bc) Lighthouse, Light, or Sea Mark, and all Lands, Buildings, Fixtures, Apparatus, and Furniture belonging thereto and occupied therewith, and all Tolls or Duties or other Profits or Produce arising in respect of such Lighthouse, Light, or Sea Mark, or its Appurtenances, and any Estate or Literest therein, and Rent, Rent-charge, Annuity, Payment, or Incum- brance issuing thereout or charged thereon ; and the Words " Purchase Money " shall include Compensation as well as Pur- chase Money, and whether ascertained by Agreement between the Master, Wardens, and Assistants and the Party interested, or by Assessment by a Jury ; and tlie Word " Payment " shall include all Rents, Rent-charges, Annuities, or Sums of Money payable ; and the Word " Sheriff" shall include Under Sheriff or other legally competent Deputy; and the Word " Precept" shall include " Warrant ;" and the Word " Person " shall include Bodies Politic or Corporate ; and in all other Parts of this Act the Word " Lighthouse " shall include Lighthouses, Lights, Sea Marks, Floating Lights, Beacons, Buoys, and other Marks or Signs for the Sea ; and the Word "Tolls" shall in every Part of this Act include every Species of Duty or Payment payable by the Owners or Masters of Ships and Vessels in respect of a Lighthouse, Floating Light, Sea Mark, Buoy, or Beacon ; and the Word *' Vessel " shall include " Ship ;" and the Expression " Officer of the Customs " shall include Collector, Comptroller, Receiver of Entries, Surveyor, or Searcher, Waiter, or any other Officer of Customs of His Majesty, or his Deputy or Clerk ; and the Expression " His Majesty " shall include the Heirs and Successors of His Majesty ; and the Expression " His Majesty in Council " shall mean His Majesty acting by and with the Advice of His Most Honourable Privy Council ; and the Term " Lord High Treasurer " shall mean also the Lords Commissioners of His Majesty's Treasury, or any Three or more of them, while that Office is performed by Commission ; and the Word " Commissioners " shall mean Commissioners of the Northern Lighthouses ; and the Word " Corporation " shall mean Corporation for preserving and improving the Port of Dublin; and the Word '■'■England" shall vt\Q.M\ England and the Principality of Wales; and the Word "County" shall mean any Riding or other like Division of a County ; and in describing any Persons or Things any Word importing the 6" & 7^ GuL. 4. c. 79. APPENDIX. 49.5 Plural Number shall mean also one Person or Tiling, and any Lichthoi'ses. Word importing the Singular Number shall include several Persons or Things; and any Word importing the Masculine shall include also the Feminine (render; unless in any of such Cases there shall be something in the Subject or Context repugnant to such Construction. Sect. 65. And be it further enacted, That this Act shall be Public Act. deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others. The SCHEDULE to which the foreo-oino- Act refers. Skerries. Spurn Point. TiNMouTH Castle. Smalls, longsiiips. [The other Sections of this Act do not relate to the Customs.] 496 APPENDIX. 7" & 8" Vict. c. IV2. Meiu'uant Seamkn. The Act 5&C W. 4. c.l;). repealed from and after 1st Jan. 1845, except, &c. No Seaman to be taken to Sea without a written Agree- ment, or without a Register Ticket being obtained from such Seaman. 7"& 8" Vict. Cap. 11 2. An Act to amend and consolidate the Laws relating to Mer- cliant fScnincn, and for kcepino; a Register of Seamen. [5tli Sejdemher 1844.] WHEREAS the Prosperity, Strength, and Safety of this United Kingdom and Her Majesty'.'^ Dominions do greatly depend on a large, constant, and ready Supply of Seamen ; and it is therefore expedient to promote the Increase of the Number of Seamen, and to afford them all due Encouragement and Protection ; and for tlii.>4 Purpose to amend and consolidate the Laws relating to them ; and it is also expedient to keep a Register of Seamen : Be it tliereforc enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commf)ns, in this present Parliament assend)led, and by the Authority of the same, That from and after tiie First Day of Janvary One thousand eight hundred and forty-five, from which Day this Act shall commence and take effect, an Act passed in the Sixth Year of the Reign of His late Ma-jesty King JVilliam the Fourth, intituled An Act to amevd and consolidate the Laws relating to the Merchant Seamen of the United Kingdom, and for forming and main- taining a. Register of all the Men engaged in that Service, shall be and the same is hereby repealed, except so far as such Act repeals the Acts thereby repealed, and except so far as relates to the Establishment, Maintenance, and Regulations of the Office called "The (ieneral Register Office of Merchant Seamen :" Provided always, that all Offences which shall have been committed and all Penalties and Forfeitures which shall have been incurred previously to the Commencement of this Act shall and may be punishable and recoverable respectively under the above-mentioned Act as if tlie same had not been repealed ; provided also, that all Acts and Things made, done, or executed under or by virtue of and in accordance with the Provisions of the said Act passed in the Sixth Year of tlie Reign of His late Majesty King William the Fourth, prior to the Commencement of this Act, shall be good, valid, and effectual to all Intents and Purposes. Sect. 2. And be it enacted, That it shall not be lawful for any Master of any Ship, of wliatever Tonnage or Description be- longing to any Subject of Her Majesty, proceeding to Parts beyond the Seas, or of any British registered Ship of the Burden of Eighty Tons or upwards employed in any of the Fisheries of the United Kingdom, or in proceeding Coastwise, or otherwise, from one Part of the United Kingdom to another, to carry to Sea any Seaman as one of his Crew or Complement (Appren- 7"&8'VicT. C.112. APPENDIX. 497 tices excepted), unless the Master of sucIj Ship sliall have first made and entered into an Agreement in Writing witli such Seaman, specifying wliat Wages such Seaman is to be paid, the Quantity oC Provisions he is to receive, the Capacity in which he is to act or serve, and the Nature of the V^oyage in which the Ship is to be emphiyed, so that such Seaman may have some Means of judging of the Period for which he is likely to be engaged ; and that such Agreement shall be properly dated and shall be signed by such Master in the first instance, and by the Seaman respectively at the Port or Place where they shall be shipped ; and that the Signature of each of the Parties thereto shall be duly attested by One Witness at the least, and Agreement to that the Master shall cause the Agreement to be read over and be read oyer explained to every such Seaman in the Presence of such Witness, »'"' ""plained to ocnmdi before such Seaman shall execute the same; and it siiall not be lawful for the Master of any Ship to carry to Sea any Seaman, being a Subject of Her Majesty, until he shall also have first obtained from every such Seaman or other Person his Register Ticket (to be procured as herein-after mentioned), (') which Ticket the said Master is hereby required to retain (except in the Cases herein-after provided) until the Service of such Seaman shall have terminated, and at the Termination of such Service the said Master shall return the Register Ticket to him. Sect. 3. And be it enacted. That in the Case of any Ships of whatever Tonnage or Description, belonging to any Subject or Subjects of Her Majesty, and proceeding to Parts beyond the Seas, (except as herein-after provided,) the Agreement shall be in the Form set forth in Schedule (A.) to this Act annexed, and shall contain the several Particulars therein mentioned or required; and the Master shall, within Twenty-four Hours after the Ship's Arrival at her final Port of Destination in this United Kingdom, deliver or cause to be delivered to the Collector or Comptroller of the Customs at and for such Port every Agreement so made as aforesaid, or a true Copy thereof, and of every Endorsement thereon, the Agreement, or Copy thereof, in either Case, to be certified as such by such Master or Owner, and also by the Mate or next Officer (if any) of such Ship or Vessel, each of whom is hereby required to sign such Certificate in the Presence of One attesting Witness at the least ; and if the original Agreement be delivered to such Collector or Comp- troller he shall retain the same until all the Wages to which the Agreement relates shall be paid or satisfied, and then he shall transmit such original Agreement to the Registrar of Seamen ; and no such Ship shall be cleared inwards by the Tide Sur- veyor or other Officer until the Master shall produce and show a Certificate from such Collector or Comptroller (which he is hereby required to give) to the Eft'ect that he has delivered his Regulations respecting Form of Agreements, and how to be disposed of. No Ship to be cleared inwards until Receipt for Agreement is produced. (1) See§ 20. K K 498 Merchant Seamkn. Agreements in Form of Sclie- dule(B.) not to extend beyond 30th June and 31st December. Owner or Master to deliver such Agreements or Copies thereof half-yearly. Vessel not to receiveTransire, &c. until Re- ceipt for such Agreements be produced. Masters of Ves- sels under Eighty Tons in coasting or fishing Trade to receive Tickets from Seamen. APPENDIX. 7"&8<'VicT. C.U2. Agreement, or an attested Copy thereof, as aforesaid; and the Tide Waiters left on board shall be maintained at the Expence of the Master or Owner until such Certificate shall be produced and shown, or until it shall be proved to the Satisfaction of the Tide Surveyor or other Officer that such Agreement or Agree- ments, or such Copy thereof, has or have been so delivered as aforesaid; and in the Case of any Ship employed in fishing on the Coasts of the United Kingdom, or proceeding from one Part of the United Kingdom to another, or proceeding to any of the Islands of Jersey., Guernsey., Alderney, Sark, and Man, or to any Place on the Continent oi Europe between the River Elbe inclusive and Brest, the Agreement shall be in the Form set forth in Schedide (B.) to this Act annexed, and shall contain the several Particulars therein mentioned or required; and every such Agreement shall not extend beyond the Thirtieth of June and the Thirty-first of December in each Year, or on Arrival in any Port of the United Kingdom after the same respective Dates; and the Owner or Master of every such Ship as last aforesaid shall, within Twenty- one Days next after the Thirtieth Day of June and the Thirty-tirst Day of December in each Year, transmit or deliver, or cause to be transmitted or delivered, to the Collector or Comptroller of the Customs of any Port of the United Kingdom, every Agreement made within the Six Months next preceding such Thirtieth Day of June and Thirty-first Day of December respectively, or a true Copy thereof, and of every Endorsement thereon, certified as aforesaid ; and such Collectors and Comptrollers respectively shall and are hereby required to give a Receipt (specifying the Nature of the Docu- ment) for every Agreement or other Document, or such Copy thereof, to the Master, Owner, or Person so delivering the same; and no Master or Owner, after the Expiration of the said Twenty-one Days, shall be entitled to or receive a Transire, or any other Customs Document necessary for the Conduct of the Business of the Ship, until he shall produce and show such Receipt, or shall prove to the Satisfaction of the Officer that every such Agreement, or such Copy thereof as aforesaid, has been duly delivered as aforesaid ; and the Owner or Master of every Ship under the Burden of Eighty Tons, employed as last aforesaid, who is not required by this Act to enter into any written Agreement with his Crew, shall, before employing any Seaman or other Person in the Service of his Ship, receive from every such Seaman or other Person his Register Ticket, and shall retain the same until the Service of such Seaman or other Person shall have expired, and at the Expiration of such Service the Master shall return the Register Ticket to the Per- son entitled thereto. Penalty for Default. Sect. 4. And be it enacted. That if any Master or Owner shall carry out to Sea any Seaman (Apprentices excepted) without having first entered into the required Agreement with 7" & 8-' Vict. c. 112. APPENDIX. 499 such Seaman, or if any Master shall not obtain from any Seaman or other Person, being a Subject of Her Majesty, his Register Ticket, according to the Provisions of this Act, he shall in either and every of such Cases forfeit and pay the Sum of Ten Pounds for and in respect of every such Seaman ; and if any Master or Owner shall neglect to cause such Agreement to be read over and explained to such Seaman before the signing or Execution thereof by such Seaman, the said Master or Owner shall for each Neglect forfeit and pay the Sum of Five Pounds for every such Seaman ; and if any Master or Owner shall neglect or omit to deliver or cause to be delivered to such Collector or Comptroller any such Agreement, or such Copy thereof as afore- said, or shall not deliver up any Register Ticket to the Person entitled to it at the Expiration of his Service, or otherwise, as required by this Act, he shall for everj"^ such Neglect, Omission, or Offence forfeit and pay the Sum of Ten Pounds, or if any Master or Owner shall deliver or cause to be delivered a false Copy of the Agreement he shall for .every such Offence forfeit and pay the Sum of Twenty Pounds. Sect. 5. And be it enacted, That no Seaman, by reason of any Agreement, shall forfeit his Lien upon the Ship, nor be deprived of any Remedy for the Recovery of his Wages to wiiich he would otherwise be entitled against any Person or Persons whatever; and no Agreement contrary to or incon- sistent with this Act, nor any Clause, Contract, or Engagement whereby any Seaman shall consent or promise to forego or give up any Right or Claim to Wages in the Case of Freight earned by a Ship subsequently lost, or any Right or Claim to Salvage or Reward for Salvage Services, or such Proportion of Salvage or Reward for Salvage Services as shall or may be due to him by Degree or Award, or otherwise, shall be valid or binding on such Seaman ; and every Copy of an Agreement so certified and delivered as aforesaid shall in all Cases be received and taken as Evidence of the Contents of the Agreement for and on behalf of the Seaman ; and no Seaman shall in any Case be required to produce such Agreement, or such Copy as aforesaid, or to give Notice for the Production thereof; but in case the Agreement shall not be produced and proved he shall be at liberty to prove the Contents or Purport thereof, or to establish his Claim by other Evidence, according to the Nature of the Case. Sect. 6. And be it enacted, That in case a Seaman, whether before the Commencement or during the Progress of any Voyage, shall at any Time neglect or refuse to join the Ship on board of which he shall have engaged to serve, or shall refuse to proceed to Sea in such Ship, or shall absent himself therefrom without Leave, or shall desert, it shall be lawful for any Justice of the Peace in and for any of Her Majesty's Dominions, or the K K 2 Merchant Skamex. Seamen not to be deprived of legal Remedies. No Agreement contrary to the Act, or to forego Salvage, to be valid ; and certified Copy of Agree- ment to be Evidence. Seamen not bound to pro- duce Agree- ment. Seamen refusing to join, or to proceed in the Ship, or absent- ing themselves therefrom, may be committed to Gaol, or be sent on board. 500 APPENDIX. 7-' & 8' Vict. c. 112. Merchant Seamen. When Seaman committed to Prison his Ticket to be delivered to Gaoler. Forfeiture for temporary Ab- sence from or Refusal to per- form bis Duty. Territories under the Government of the East India Company, where or near to the Place where such Ship shall liappen to be, or where such Seaman shall be found, and such Justice is hereby required, upon Complaint made upon Oath by the Master, Mate, or Owner, or his Agent, to issue his Warrant, and cause such Seaman to be apprehended, and brought before him ; and in case such Seaman shall not give a Reason to the Satisfaction of such Justice for his Neglect, Refusal, or Absence, as the Case may be, or in case of Desertion, it shall be lawful for any such Justice, upon due Proof of such Neglect, Refusal, Absence, or Desertion, to commit such Seaman to Prison or to the House of Correction, there to be imprisoned, M'ith or without hard Labour, at the Discretion of such Justice, for a Period not exceeding Thirty Days ; or it shall be lawful for the said Justice, if he shall so think fit, at the Request of the Master, Mate, or Owner, or his Agent, instead of committing such Seaman, to cause him to be conveyed on board the said Ship, or to be delivered to the Master, Mate, or Owner, or his Agent, for the Purpose of being so conveyed and proceeding on the Voyage, and also to award to the Master or Owner such Costs incurred in the Apprehension of the Seaman as to such Justice shall seem reasonable, not exceeding in any Case the Sum of Forty Shillings, which shall be chargeable against and may be deducted from the Wages of such Seaman ; and when- ever any Seaman shall be committed to Prison or to any House of Correction, the Justice shall cause his Register Ticket to be delivered to the Governor or Keeper of such Prison or House of Correction, who shall retain the same during the Period of the Seaman's Imprisonment, and at the Expiration of such Period shall return the Register Ticket to the Seaman ; and whenever a Seaman shall be sentenced to Death or Transport- ation the Officer having the Custody of such Seaman shall transmit his Register Ticket to the Registrar of Seamen. Sect. 7. And be it enacted, Tliat if any Seaman during the Time or Period specified for his Service shall wilfully and without Leave absent himself from the Ship, or otherwise from his Duty, he shall (in all Cases not of Desertion, or not treated as such by the Master,) forfeit out of his Wages the Amount of Two Days Pay, and for every Twenty-four Hours of such Absence the Amount of Six Days Pay, or, at the Option of the Master, the Amount of such Expences as shall have been necessarily incurred in hiring a Substitute ; and in case any Seaman while he shall belong to the Ship shall without suffi- cient Cause neglect or refuse to perform such his Duty as shall be reasonably required of him by the Master or other Person in command of the Ship, he shall be subject to a like Forfeiture in respect of every such Offence, and of every Twenty- four Hours Continuance thereof; and in ease any such Seaman, after the Ship's Arrival at her Port of Delivery, and before 7" & 8" Vict. c. 112. APPENDIX. her Cargo shall be discharged, shall quit the Ship, without a previous Discharge or Leave from the Master, he shall forfeit One Month's Pay out of his Wages: Provided always, that no such Forfeiture shall be incurred unless the Fact of the Sea- man's Absence, Neglect, or Refusal shall be duly entered in the Ship's Log Book, the Truth of which Entry it shall be incumbent on the Owner or Master, in all Cases of Dispute, to substantiate by the Evidence of the Mate or some other credible Witness. 501 Merchant Seamen. Proviso. to be ascertained when Seamen contract for the Voyage. Sect. 8. And be it enacted. That in all Cases where the How Amount Seaman shall have contracted for Wages by the Voyage or by of Forfeiture is the Run or by the Share, and not by the Month or other stated Period of Time, the Amount of Forfeitures to be incurred by Seamen under this Act shall be ascertained in manner follow- ing ; (that is to say,) if the whole Time spent in the Voyage agreed upon shall exceed One Calendar Month, the Forfeiture of One Month's Pay expressed in this Act shall be accounted and taken to be a Forfeiture of a Sum of Money bearing the same Proportion to the whole Wages or Share as a Calendar Month shall bear to the whole Time spent in the Voyage ; and in like Manner a Forfeiture of Six Days Pay, or less, shall be accounted and taken to be a Forfeiture of a Sum bearing the same Proportion to the whole W^ages or Share as the Six Day's or other Period shall bear to the whole Time spent in the Voyage ; and if the whole Time spent in the Voyage shall not exceed the Period for which the Pay is to be forfeited the For- feiture shall be accounted and taken to be a Forfeiture of the whole Wages or Share ; and the Master or Owner is hereby authorized to deduct the Amount of all Forfeitures out of the Wages or Share of any Seaman incurring the same. Sect. 9. And be it enacted, That any Seaman or other Forfeiture for Person who shall desert the Ship to which he shall belong shall Desertion, forfeit to the Owner thereof all his Clothes and Effects which he may leave on board, and he shall also forfeit all Wages and Emoluments to which he might otherwise be entitled ; and in case of any Seaman deserting abroad he shall likewise forfeit all Wages and Emoluments whatever which shall be or become due or be agreed to be paid to him from or by the Owner or Master of any other Ship in the Service whereof such Seaman may have engaged for the Voyage back to the United King- dom ; and that all Wages and Portions of Wages and Emolu- ments which shall in any Case whatever become forfeited for Desertion shall be applied, in the first instance, in or towards the Reimbursement of the Expences occasioned by such De- sertion to the Owner or Master of the Ship from which the Seaman shall have deserted, and the Remainder shall be paid to the Seaman's Hospital Society ; and the Master shall, in case of Desertion in the United Kingdom, deliver up the K K 3 50'2 APPENDIX. 7"&8"ViCT. c. 112. Register Ticket of such Seaman or other Person to the Col- lector or Comptroller of the Customs at the Port : Provided always, that every Desertion be entered in the Log Book at the Time, and certified by the Signatures of the Master and the Mate, or the IMaster and One other credible Witness ; and that the Absence of a Seaman from his Ship for any Time within Twenty-four Hours immediately preceding the sailing of the Ship from any Port, whether before the Commencement or during the Progress of any Voyage, wilfully and knowingly, without Permission, or the wilful Absence of a Seaman from his Shiji at or for any Time without Permission, and und(?r Cii'cumstances showing an Intention to abandon the same, and not return thereto, shall be deemed a Desertion of and from the same Ship ; and in case any Seaman shall desert in Parts beyond the Seas, and the Master of the Ship shall engage a Substitute at a higher Rate of Wages than that stipulated in the Agreement to be paid to the Seaman so deserting, the Owner or Master of the Ship shall be entitled to recover from the Deserter, by summary Proceeding, in the same Manner as Penalties are by this Act made recoverable (so far as the same can be applied), any Excess of Wages or Portion thereof which such Owner or Master shall pay to such Substitute beyond the Amount which Avould have been payable to the Deserter in case he had duly performed his Service pursuant to his Agree- ment : Provided always, that no Seaman shall be imprisoned longer than Three Calendar Months for Nonpayment of any such Excess of Wages, Penalty for harbouring Deserters. No Debt ex-, ceeding 5s. recoverable from a Seaman till Voyage is ended. Seaman's Ef- fects not to be detained under Pretence of Deot, I'enalty. Sect. 10. And be it enacted. That if any Person shall wilfully harbour or secrete any Seaman or Apprentice who shall have deserted from his Ship, knowing or having Reason to believe such Seaman or Apprentice to be a Deserter, every Person so offending shall for every such Seaman or Apprentice so harboured or secreted forfeit and pay the Sura of Ten Pounds ; and no Debt exceeding in Amount Five Shillings, incurred by any Seaman after he shall have engaged to serve, shall be recoverable until the Service agreed for shall have been con- cluded ; nor shall it be lawful for any Keeper of a Public House, or of a Lodging House for Seamen, to detain any Chest, Tools, or other Property of any Seaman for any Debt alleged to have been contracted by him ; and in case of such Detention of the Chest, Tools, or other Property of a Sea- man, it shall be lawful for any Justice of the Peace at or near the Place, upon Complaint upon Oath to be made by such Seaman or on his Behalf, to inquire into the Matter upon Oath in a summary Way ; and if it shall appear to such Justice that the alleged Claim is fraudulent, or that the Debt was not fairly incurred to the full Amount of the Claim, by Warrant under his Hand and Seal to cause such Effects to be seized and delivered over to such Seaman ; and the Person so detaining 7" & 80 Vict. c. 112. APPENDIX. 503 the same shall forfeit and pay a Sum not exceeding Ten Pounds, at the Discretion of such Justice. jMerchant Seamen. Sect. 11. And be it enacted, That the Master or Owner of The Period every Ship shall and is hereby required to pay to every Seaman witliin which his Wages within the respective Periods following; (that is to ^^ ='11'-;^ are to say,) if the Ship shall be employed in coasting, the Wages shall '^ ^^' ' be paid within Two Days after the Termination of the Agree- ment, or at the Time when any such Seaman shall be discharged, whichever shall first happen ; and if the Ship shall be employed otherwise than coasting, then the Wages shall be paid at tiie latest within Three Days after the Cargo shall have been delivered, or within Seven Days after the Seaman's Discharge, whichever shall first happen ; and in all Cases the Seaman shall, at the Time of his Discharge, be entitled to be paid, on account, a Sum equal to One Fourth Part of the Balance due to him ; and in case the Master or Owner shall neglect or refuse to make Payment in manner aforesaid, he shall for every such Neglect or Refusal forfeit and pay to the Seaman the Amount of Two Days Pay (to be recovered as Wages) for each Day, not exceeding Ten Days, during which Payment shall, without sufficient Cause, be delayed beyond the respective Periods aforesaid : Provided always, that nothing in this Clause contained shall extend to the Cases of Ships employed in the Southern Whale Fishery, or on Voyages for which Seamen, by the Terms of their Agreement, are wholly compensated by Shares in the Profits of the Adventure. Sect. 12. And be it enacted and declared, That every such Payment of Wages to a Seaman shall be valid and eff"ectual in Law, notwithstanding any Bill of Sale or Assignment Avhich may have been made of such Wages, or of any Attachment or Incumbrance thereon, and that no Assignment or Sale of Wages or Salvage made prior to the accruing thereof, nor any Power of Attorney expressed to be irrevocable for the Receipt of any such Wages or Salvage, shall be valid or binding upon the Party making the same, and any Attachment to be issued from any Court whatever shall not prevent the Payment of Wages to any Seaman ; and if during the Voyage the Allow- ance of Provisions which a Seaman agreed to receive shall be reduced One Third of the Quantity or less he shall receive Four-pence pe?' Day, and if the Reduction be more than One Third he shall receive Eight-pence per Day, during the Period such respective Deductions may be made, and such pecuniary Allowance shall be paid to him in addition to and be recover- able as Wagres. Payment of Wages or Sal- vage to be deemed valid, notwithstand- ing Bill of Sale, &c. Allowance for short Pro- visions. Sect. 13. And be it enacted. That upon the Discharge of a Seaman from any Ship, or upon Payment of the Wages to him, he shall receive from the Master, and the Master is hereby K K ]islied half-yearly, and Copies given thereof on Application. Penalty for using cancelled Ticket, &c. APPENDIX. 7-^ & 8"^ Vict. c. 112. Sect. 24. And be it enacted, That a List shall be prepared from Time to Time by the Registrar of Seamen, setting forth the Numbers of all the Register Tickets that have been cancelled by reason of tiie l)i-ath of Seamen or otherwise witliin the pre- ceding Six Calendar Months; and such Lists shall be published half-yearly in tiie London Gazelle, and shall also be transmitted by the said Registrar from Time to Time to the Collectors and Comptrollers of Customs, to be by them conspicuously exhibited in the Custom Houses and other Stations of their respective Ports, and Copies of such Lists shall be delivered to any Master or Owner on Application ; and every Master or Owner entering into an Agreement Avith any Seaman producing such cancelled Ticket shall be liable to and incur a Penalty of not exceeding Five Pounds ; and every Seaman tendering or delivering to a Master a cancelled Ticket, or any other Ticket not legally issued to him, or falsely representing himself to be a Foreigner, shall forfeit to the Owner all Wages which shall become due to him during the Service, for which he shall agree or shall have agreed. Papers and Documents to be recorded. Certified Copies to be Evidence. Sect. 25. And be it enacted, That Duplicates of all Re- gister Tickets, and all Papers and Documents delivered or transmitted to and retained by the said Registrar, shall be by him recorded, preserved, and kept ; and every Copy of such Duplicate Tickets, Papers, and Documents, or any of them, certified by the said Registrar or his Assistant to be a true Copy, shall be admitted in Evidence as fully as the Original thereof; and every Copy of a Document and Endorsement thereon, which may be delivered by any Owner or Master under the Provisions of this Act, shall and may be admitted in Evidence against such Owner and Master, and each of them, as fully as the Original of such Document and Endorsement. Masters of Ships trading abroad to deliver Lists of their Crews on their Depar- ture and Rc' turn. Sect. 26. And be it enacted, That the Master of every Ship belonging to any Subject of Her Majestj'-, and bound to Parts beyond the Seas, except in the Cases herein-after mentioned (1), shall, before he leaves his first Port of Departure from the United Kingdom, transmit or deliver, or cause to be transmitted or delivered, to the Collector and Comptroller of Customs at such Port, a List, signed by himself, of the Names of his Crew (including Apprentices), with the Numbers of their Register Tickets, and the Capacity in which they are serving on board, in the Form set forth in Schedule (G.) to this Act annexed ; and if any subsequent Change in his Crew take place before finally leaving the United Kingdom the Owner or Master shall, upon such Change taking place, apprize the Collector and (1) See § 27. as to Voyages to the Channel Islands, and to Places between the Elbe and Brest. 7" & 8° Vict. c. 112. APPENDIX. 511 inwards until List be ren- dered. Comptroller of the Customs at the Port where it occurs, by Merchant transmitting an amended List in the same Form ; and the Seamen. Master or Owner of every such Ship shall, within Forty-eight Hours after the Arrival of such Ship at her final Port of Desti- nation in the United Kingdom, transmit or deliver, or cause to be transmitted or delivered, to the Collector or Comptroller of the Customs at such Port, an Account or List, signed by himself, of all the Seamen and others (including Apprentices) who shall have belonged to the Ship at any Time during her Absence from the United Kingdom ; which Account or List shall contain a full, true, and correct Return under their re- spective Heads of the several Particulars expressed in the Forms set forth in the Schedule annexed to this Act, and marked (C), with Christian Names and Surnames of the Master and all the Crew at full Length, and with the Dates of the Registry of the Lidentures of the Apprentices, and the Assignments respec- tively, and the Port at which and the Time when they were respectively registered, and also the Numbers of the Register Tickets of every Apprentice and Seaman; and no Vessel shall Vessels not to be cleared inwards by the Tide Surveyor or other Officer until be cleared the Master or Owner shall produce a Certificate from the Col- lector or Comptroller (which he is hereby required to give) to the Effect that he has rendered such Accounts or Lists as afore- said ; and the Tide Waiters or other Officers left on board shall be maintained at the Expence of the Master or Owner until such Accounts or Lists shall be duly delivered as afore- said. Sect. 27. And be it enacted, That within Twenty-one Days Masters of Ships after the Thirtieth Day of June and the Thirty-first Day of '" the Home December in each Year the Master or Owner of every Ship ^ j *! '"^ belonging to a Subject of Her Majesty, of whatever Tonnage, Ljsts half- employed in fishing on the Coasts of the United Kingdom or yearly, elsewhere, other than in the South Sea, Greenland, and New- foundland Fishei'ies, or in proceeding from one Part of the United Kingdom to another, and every Ship proceeding or making Voyages to any of the Islands of Jersey, Guernsey, Alderney, Sark, and Man, or to any Port on the Continent of Europe, between the River Elbe inclusive and Brest, shall deli- ver or transmit, or cause to be delivered or transmitted, to the Collector or Comptroller of the Customs of any Port of the United Kingdom, an Account, signed by such Master or Owner, of any Voyage or Voyages in which such Ship shall have been engaged during the preceding Half Year, ending on the respec- tive Days above mentioned, and setting forth legibly and at full Length the Christian and Surnames of the several Persons (in- cluding the Master and Apprentices) who shall have belonged to the Ship at any Time during such Periods respectively ; which Account shall be in the Form and shall contain a true and correct Return under their respective Heads of the several 512 APPENDIX. 7'&8" Vict. c. 112. MF.KfUAN'f iS*;AMKN. Vessels not t > receive Transirc until Lists be delivered. Owners of Vessels unem- ployed, or not requiring Cus- toms Docu- ment, to notify same. I'enalty for Default. Particulars expressed in the Schedule marked (D.) to this Act annexed, with tiic Dates of the Registry of the Indentures of Apprentieesiii]) and Assiginnents respectively, and the Ports at which and the 'I'iine when they were respectively registered, and the Nund)ers of tlie Register Tickets of every Seaman and Apprentice; and no Master or Owner shall be entitled to or receive a Transire or other Customs Document necessary to enable him to conduct the Business of his Ship, after the Expi- ration of the said Twenty-one Days, until he shall produce and show a Certificate from such Collector or Comptroller (which he is hereby required to give), to the Effect that he has deli- vered such an Account ; and in the Case of Ships of all Descrip- tions which may be unemployed for Six Months, or which may be employed and not require a Transire or other Customs Document, the Master or Owner shall notify the same to such Collector or Comptroller within such Twenty-one Days, and in case of every Default the Master or Owner shall be liable to a Penalty of Ten Pounds ; and all Collectors and Comptrollers of Customs of the Ports to which the Vessels belong shall trans- mit a List of all such Ships, and of all Ships of every Descrip- tion registered or licensed, or whose Registers or Licences have been transferred or cancelled in their respective Ports within each Half Year ending as aforesaid, to the said Registrar at the said Office, on or before the First Day of February and the First Day of August in each Year respectively. Return to be made in case of Shij) lost or sold aliroad. Sect. 28. And be it enacted, That in case any Ship belonging to any Subject of Her Majesty shall be lost, sold, or transferred, an Account, containing a similar Return as required in the several and respective Cases before mentioned, made out up to the Period of such Loss, Sale, or Transfer, shall, if practicable, be delivered or transmitted by the Master or Owner at the Time of the Loss, Sale, or Transfer to the Collector or Comp- troller of the Port to which the Ship belongs, with all convenient Speed, and in case such Loss, Sale, or Transfer shall take place out of the United Kingdom, within Twelve Calendar Months at furthest after the Loss, Sale, or Transfer of the Ship. Sect. 29. And be it enacted, That all Indentures, Counter- parts, Assignments, Lists, Accounts, Returns, Papers, Register Tickets, and Documents by this Act required to be delivered to the Collectors or Comptrollers as aforesaid shall be by them transmitted to the said Registrar for the Purposes of this Act at the End of every Week, unless otherwise specified in this Act; and every Owner or Master who shall refuse or neglect to transmit, deliver or cause to be delivered, any List, Account, ter for Neglect. Register Ticket, or other Document, as required by this Act, shall for every such Refusal or Neglect forfeit and pay the Sum of Ten Pounds. Lists, &c. to be transmitted to the Registrar. Penalty on the Owner or Mas-' 7" & 8'^ Vict. (-.112. APPENDIX. 513 Skamen. Ijists, ike. ill the Case of Pk-a- siire Yaclits to be transmitted to the llcgistrar. As to the Dis- ]iosal of the Eif'ects of any Seaman (lying abi'oad. Sect. SO. And bo it enacted, That all Agreements, or Copies thereof, Lists, Returns, Register Tickets, and other Documents, which under the Provisions of this Act are required to be trans- mitted or delivered to the Collectors or Comptrollers of Customs of the several Ports in the United Kingdom, shall, in the Case of Pleasure Yachts, be transmitted or delivered by the Masters or Owners of such Yachts direct to the Registrar of Seamen, and the Owners or Masters thereof shall be liable to the same Penalties for Default as herein provided in the Cases of the Masters or Owners of other Ships failing to transmit or deliver such Documents to such Collectors and Comptrollers. Sect. 31. And be it enacted, That whenever any Seaman, being abroad, shall die elsewhere than on board a Ship belonging to any Subject of Her Majesty, leaving any Money or Ktfects not on board his Ship, it shall be lawful for Her Majesty's Consul or Vice Consul at or nearest to the Place, and he is hereby re- quired, to claim and take charge of all such Money and Effects, and to dispose of the said Effects, if he shall so think fit, and after deducting all necessary and proper Charges and Expences incurred in the collecting thereof, or by or on account of such Seaman, to remit the Balance, with a full Account of such Money or Effects, to the President and Governors of the Cor- poration " For the Relief and Support of sick, maimed, and dis- " abled Seamen, and of the Widows and Children of such as " shall be killed, slain, or drowned in the Merchant Service," to be by sucli President and Governors paid over and disposed of, in the same Manner and under the same Regulations as are provided by an Act passed in the Fifth Year of His late Majesty King William the Fourth, intituled ^m Act to amend 4&5 W.4. c.52. an Act of the Tiventieth Year of His Majesty King George the Second, for the Relief and Support of sick, maimed, and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned in the Merchant Service ; and for other Pur - poses, with respect to the Wages of Seamen dying on board Merchant Ships ; and in case any Seaman dying abroad shall leave on board his Ship any Money, Clothes, or other Effects, or be entitled to any Wages, the Master of the said Ship shall and he is hereby required to deposit the same, or the Proceeds arising therefrom, with, and to pay such Wages to, the {'resi- dent and Governors aforesaid, to be by them disposed of in the same Manner as is provided by the said Act with respect to the Wages of Seamen dying on board Ship, and to transmit to the said President and Governors at the same Time a ftdl Account of such Effects and Wages ; and on Failure the Master shall forfeit a Sum not exceeding Fifty Pounds, in addition to being accountable for such Money, Clothes, Effects, and Wages ; and in all Cases of a Seaman dying abroad the Master shall, on his Ship's Return to the United Kingdom, deliver up to the said President and Governors the Register Ticket of such deceased L L 514. Parish Boys may be put out Apprentices to the Sea Service. APPENDIX. 7" & 8" Vict. c. 112. No Apprentice- ship binding after Apprentice shall have at- tained Twenty- Apprentice- ships to continue Seaman, and the said President and Governors, on the Receipt thereof, shall transmit the same to the Registrar of Seamen. Sect. 32. And bo it enacted, That it shull be lawful for the Overseers of the Poor, or other Persons having tlic Authority of Overseers of the Poor, in and for any District, Union, Parish, Township, or PLice in the United Kingdom, and they are hereby empowered, to bind by Indenture, according to the Form set forth in Schedule (H.) to this Act annexed, and put out as an Apprentice in the Sea Service to any of Her Majesty's Subjects, being the Owner of any Ship registered or licensed in any Port of the United Kingdom, any Boy having attained the Age of Twelve Years, and of sufficient Health and Strength, who or wliose Parent or Parents is or are chargeable to or maintained by any such District, Union, Parish, Township, or Place, or who shall beg for Alms therein, with his Consent, but not otherwise ; and until such Boy shall attain the Age of Twenty-one Years, or shall have served as Apprentice Seven Years, or M'hichever shall first happen, such Binding shall be effectual to all Intents and Purpose? : Provided always, that where any such Parish, Township, or Place separately main- taining its own Poor shall be included in any Union, or shall be under the Management of a Board of Guardians, no such Binding shall be valid unless the Guardians of such Union, Parish, or other Place respectively shall previously have given their Consent thereto, by causing their official Seal to be affixed to the Indenture, and the same to be signed by the presiding Chairman of the Board at any Meeting, and the Clerk or Person acting as such at such Meeting ; and provided also, that every such Binding shall be made in the Presence of any such Boy, and of Two Justices of the Peace, who shall execute the Indenture in testimony of their being satisfied that such B03' hath consented so to be bound, and attained the Age, and is of sufficient Health and Strength as required by this Act ; and the Age of every such Boy shall be truly inserted in his Indenture, and the Age of every such Boy so inserted therein shall (in relation to the Continuance of his Service) be taken to be his true Age, without any further Proof thereof; and any Certi- ficate of Baptism of such Boy which may be required shall be given and attested by the officiating Minister without Fee or Reward : Provided always, that no Apprenticeship to the Sea Service, whether Parish or otherwise, shall be binding after the Apprentice shall have attained the Age of Twenty-one Years; and that every Indenture, together with his Register Ticket annexed thereto, shall be given up to such Apprentice on his attaining such Age, or at the Expiration of his Appren- ticeship, whichever shall first happen, by the Person to whom he shall be bound at the Time, under a Penalty of Twenty Pounds, to be paid by such Person on default ; but should any Apprenticeship, Parish or otherwise, expire during a Voyage, 7°&8"VrcT. c. 112. APPENDIX. 515 and beforr? the Ship's Arrival at her final Port of Destination in Mf.rchavt the United Kingdom, sucli Apprenticeship shall, notwithstand- Seamen. ing, continue until the Return of the Ship to her final Port ot" ~ ' Destination in the United Kingdom; hut alter One Calendar t„riiofthcSli^in Month from the Expiration of such Apprenticeship the Ap- ;,n(l Apprentice prentice shall be paid the same Wages as an able-bodied to be paid Seaman or ordinary Seaman of the said Ship, according to his ^Vages. Qualification. Sect. 33. And be it enacted, That it shall be lawful for any Parish Appren- Master or Person to whom any Parish Apprentice shall have tice may'^be been or shall be hereafter bound to a Service on shore, accord- '"»"^" <>^'^'' f*^ ing to the Statutes for the Time being relating to such Appren- tices, or for the Executors or Administrators, or, there being none such, for the Widow of any deceased Master, with the Concurrence of Two or more Justices of the Peace in and foi- the County, District, or Place where such Boy shall have been bound Apprentice, to assign such Boy, with his C'onsent, to be given in the Presence of such Justices, but not otherwise, as Apprentice to any such Owner as aforesaid, to be employed in the Sea Service during the Period then remaining unexpired of his Apprenticeship ; and every such Assignment shall ho attested as next herein-after mentioned. Sect. 34. And be it enacted, That in the event of the Bank- IndeiUnres.majr ruptcy, Insolvenc}', or Death of the Master of any such Parish ''^ assigned on Apprentice to the Sea Service, it shall be lawful for such «i,'^ j\/^! ° Master, or the Executoi's or Administrators of such Master, or, there being none such, for the W^idow of such deceased Master, to assign the Indenture of any such Apprentice for the Residue of the Term then unexpired therein to any other Owner of any such Ship : Provided always, that such Assignment, if executed within the Limits of the Port of London, shall be attested by the said Registrar, his Assistant, or one of his Clerks, and if executed at any other Port, by the Collector or Comptroller of the Customs of such Port- ■ Sect. 35. And be it enacted. That such Overseers, Guardians, Parish Officeis or other Persons as aforesaid shall cause the Indenture of to prepare lu- Apprenticeship to be prepared and transmitted in Triplicate; '''^"iu'es. (that is to say,) Two Counterparts, besides the Indenture, to the said Registrar, if the Owner of the Ship to whom such Apprentice is to be bound shall be or reside within the I^imits of the Port of London, and if at any other Port, to the Collector or Comptroller of the Customs at such Port; and shall cause Constat^ e to each such poor Boy to be conducted and conveyed to such convey the Port or Place by a Constable or other trustworthy Person, at Apprentice. the Expence of the District, Union, Parish, Township, or Place; and when any such Boy shall be so bound he shall be Guardians or provided by the Guardians of t)»e said Union or Parish as afore- Overseers t» LL 2 516 Merchant Seamen. provide Clotli- ing, &c. APPENDIX. 7"&S'>\wT. c.\l'2. Ilovr Inden- tures to be attested. Every Ship, except Pleasure Yachts, to have Apprentices according to her Tonnage : To be Subjects of Her Majesty: said, or, in case the said Parish or Place sliall not be included in any Union or governed by a Board of (luardians, by the Overseers, with a sufficient Outfit of Sea Clotliing, Bedding and similar Necessaries, to the Value of Five Pounds, •which said Amount, together with the Expences to be incurred in the binding and Conveyance of the said Boy, shall be charged by such Guardians or Overseers respectively to the Account of the Parish or other Place by whose Overseers the said Boy shall be bound, and be allowed to them in their Account ; and the said Indentures so entered into by the Overseers of any Parish or other Place as aforesaid may be sued upon in the Name of the Overseers of the Poor of the said Parish or otiier Place for the Time being, by their Name of Office ; and no Action commenced for the Breach of any Covenant tlierein contained, with the Consent of the Vestry of such Parish or Place, shall abate by reason of Death or any Change of Over- seers of such Parish or Place pending the same, but shall be proceeded in by the Overseers for the Time being, who shall be entitled to charge the whole Amount of the Costs incurred in such Action, and not recovered from the Defendant therein, upon the Poor Rates collected by them, though Part of such Costs shall have been incurred by their Predecessors. Sect. 36. And be it enacted. That such Indentures shall be executed in the Presence of and attested by the Constable or other Person who shall conduct or convey such Apprentice ; and such Indentures shall bear Date respectively on the Days on which they are executed ; and such Constable or other Person shall transmit one of the said Counterparts, duly exe- cuted, to the Overseers, Guardians, or other Persons aforesaid, one to the Master, and another to the said Registrar. Sect. 37. And be it enacted. That the Master or Owner of every Ship belonging to any Subject of Her Majesty, and of the Burden of Eighty Tons and upwards (except Pleasure Yachts), shall have on board at the Time of her proceeding from any Port of the United Kingdom, and at all Times when absent from the United Kingdom, or navigating the Seas, One Apprentice, or more, in the following Proportion to the Num- ber of Tons of his Ship's Admeasurement, according to the Certificate of Registry ; (that is to say,) for every Ship of Eighty Tons and under Two hundred Tons, One Apprentice at the least ; for every Ship of Two hundred Tons and under Four hundred Tons, Two Apprentices at the least; for every Ship of Four hundred Tons and under Five hundred Tons, Three Apprentices at the least; for every Ship of Five hun- dred Tons and under Seven hundred Tons, Four Apprentices at the least ; and every Ship of Seven hundred Tons and upwards, Five Apprentices at the least ; all of whom, at the Period of their being bound respectively, shall be Subjects of 7'&8'>ViCT. c. 112. APPENDIX. 517 Her Majesty, and above Twelve and under Seventeen Years Mkiuhant of Age, and be duly bound for the Term of Four Years at Seamen, the least; and if any such Master or Owner shall neglect to . have on board his Ship the Number of Apprentices as hereby ,^. "^"^ ^~»? ^" required, together with thciir respective registered Indentures, prenticesliip.' Assignments, and Register Tickets, he siiall for every such Offence forfeit and pay the Sum of Ten Pounds in respect of Pt-nalty fjr Dc- each Apprentice, Indenture, Assignment, or Register Ticket so *"='*^"^y ot Ap- r \ n ■ ^ ^ prentices, &c. wanting or deficient. * ' Sect. 38. And be it enacted, That in case any Indentures of The cancelling Apprenticeship of any Description shall be cancelled, or any of indentures. Apprentice, Parish or otherwise, shall die on shore or desert, or ^"" Death or bv reason of the Vessel of the Master not having made a Voyage Y''"''''"?" ""^ . ,.-„.., , , ,, , , . . , ®,. , -IT. A])prenticcs, to tor oix IMonths shall not be reported m cither ot the saul Lists, l,^, notified. such Cancellation, Death, Desertion, or Non-einploynient shall forthwith be notified in Writing by the Master of the Appren- tice to the said Registrar, if the Ship on board which the Apprentice was bound to serve shall belong to the Port of London, or otherwise to the Collector or Comptroller of the Port to which the said Ship shall belong ; and for every Default reaahy. the said IMaster shall be liable to a Penalty of Ten Pounds ; and the Collector or Comptroller, if the Notification be made to him, shall transmit the same to the said Registrar within One Week from the Receipt thereof; and no cancelling of any Indenture Consents neces- of Apprenticeship of any Description shall be valid or effectual sary in cancel- without the mutual Consent of the Parties, or without the Con- ''"= Indentures, sent or in the Absence of the Registrar of Seamen in London, or of the Collector or Comptroller of Customs of the Port in which such Cancellation shall take place, or, in case of Bindings by the Overseers, without the additional Consent of the Guar- dians of the Union or Parish whose Consent was given to the said Binding, to be testified by a Copy of a Minute of the Board forwarded by the Clerk to the said Guardians. Sect. 39. And be it enacted, That the said Registrar in Lon- Indentures and don, and the Collector and Comptroller of the Customs at eacli ^ssignments of other Port, shall, in a Book to be kept for that Purpose, cause jj^^^V i)*',^"^;"' to be entered from Time to Time all such Indentures and tered. ° ' Assignments of Parish Apprentices as aforesaid, specifying therein the Dates thereof, the Names and Ages of the Appren- tices, the Parishes or Places from whence they are sent, the Names and Residences of their Masters to whom they are bound or assigned, and the Names, Ports, and Burden of the respective Ships to which such Masters belong, and siiall make and subscribe on each Indenture and Assignment an Endorse- ment, purporting that the same hath been duly registered pursuant to this Act; and such Registrar, Collectors, and Apprentices to Comptrollers respectively shall require the personal Attendance appear person- of every such Apprentice at the Time of registering his Inden- ^ '" L L 3 51S IVIekchani Sea.mkn. dentures or Assignments registered. Indentures .ind Assignments of other Appren- tict's lo be fegistcrccL APPENDIX. 7"&8"VrcT. c. 112. As to Assign- ment of Inden- tures of Appren- tices. Assignments to be registered. tiivc Of Assjguineiit tliereof ; and every such Collector a!id Comptroller shall also, at the End of each Week, transmit a List of the Indentures and Assignments and Cancellations so registered by him within the Week, containing all the Particulars aforesaid, to the said Registrar. Sect. 40. And be if enacted. That in every Case of a Person (otlier than such Parish Apprentice as aforesaid) binding him- self Ajjprentiec to the Sea Service the Indentures to be exe- cuted on such Occasion shall be in Duplicate, in the Form s'et forth in Schedule (I.) to this Act anne.\ed, and a Coun- terpart shall be delivered to the said Registrar, if the Master shall be or reside within the Port of London, or if at any other Port, to the Collector or Comptroller of such Port ; and the Indentures shall be registered in a Book to be kept for that Purpose by the said Registrar, Collectors, and Comp- trollers respectively, in which Book shall be expressed the Dates of the several Indentures, the Names and Ages of the Apprentices, the Names and Residence of their Masters, and (if known) the Names, Port, and Burden of the several Ship,-? on board which thfey are respectively to serve ; and such Registrar, Collectors, and Comptrollers respectively shall re- tjuire the personal Appearance of every such Apprentice at the Time of registering his Indenture or the Assignment thereof, and shall endorse and subscribe ujion each Indenture a Certifi- cate pui'porting that the same hath been duly registered pur- suant to this Act ; and the said Collectors and Comptrollers shall also at the End of each Week transmit a List of the Indentures and Assignments registered by them within the Week, containing all the Particulars aforesaid, together with the said Counterparts to the said Registrar, for the Purposes of this Act ; and that it shall be lawful for the Master of such Apprentice, or in case of his Death his Executor or Adminis- trator, with the Consent of the Apprentice if of the Age of Seventeen Years or upwards, and if under that Age with the Con- sent of hi3 Parent or Guardian, to assign or transfer the Indenture of any such Apprentice to any other Master or Owner of any registered Ship ; and all such Apprentices may during the Term for which they shall be bound be employed in any Ship of which the Master for the Time being of any such Apprentice may be the Master or Ovvnei*: Provided always, that every such Assignment shall be registered and endorsed by the said Regis- trar, or by the Collector or Comptroller of the Customs at the Port where the Master shall be, or to which his Ship shall belong ; and the said Collector or Comptroller shall notify the same to the said Registrar, and transmit an exact Copy of the said Endorsement to the said Registrar. Sect. 41. And be it enacted. That no Apprentice bound or Ai)prcntices exempted from . , ^ ^ .i ■ a . i\i ". /-\ ContributioiK assigned pursuant to this Act, nor anv Mastc" or Owner m 6 7''&8«ViCT. c. 112. APPENDIX. 519 IMekchant Seamen. Documents exempted from Duty. Penalty on I\I asters neg- lecting to register, &c. Indentures. and for suffering Apprentices to quit their Service. respect of such Apprentice, shall be liable to any Payment or Contribution to or towards any Hospital or Institution ; and that all Agreements, attested Copie?, Indentures, Assignments, Counterparts, and Tickets, made, signed, or executed in com- pliance with or under the Provisions of this Act, shall be wholly exempt from Stamp Duty. Sect. 42. And bo it enacted. That if any Master or Owner to whom any Apprentice to the Sea Service shall be bound or assigned shall neglect to deliver a Counterpart, and cause the Indenture or the Assignment (as the Case may be) to be regis- tered as required by this Act, so far as depends on such Master or Owner, within Ten Days after the Binding or Assignment, every such Master or Owner shall for every such Neglect forfeit and pay the Sum of Ten Pounds ; and if any such Master or the Master of any Ship shall, after the Ship shall have pro- ceeded on the Voyage upon which such Ship may be bound, permit any Apprentice to quit his Service or the Service of the Ship except for the Purpose of entering into Her Majesty's Naval Service, every such Master shall for every such Offence forfeit and pay the Sum of Twenty Pounds. Sect. 43. And be it enacted, That any Justice of the Peace Justices to residing at or near to any Port to which any Ship as aforesaid, determine having on board thereof any Apprentice, shall at any Time Complamts. arrive, shall have full Power and Authority to inquire into and examine, hear, and determine all Claims of Apprentices upon their Masters under their Indentures, and all Complaints of hard or ill Usage exercised by their respective Masters towards any such Apprentices, or of Misbehaviour on the Part of any such Apprentices, and to proceed thereupon as One or more Justice or Justices of the Peace is or are empowered by Law to do in other Cases between Masters and Apprentices ; and if the Master of any Ship shall not send on shore, in the Charge of the Mate or other trustworthy Person, any Apprentice desi- rous of complaining to a Justice of the Peace, so soon as the Service of the Ship will permit, he shall for every such Default forfeit and pay the Sum of Ten Pounds. Sect. 44. And whereas by an Act passed in the Ninth Year of Common the Reign of His late Majesty King George the Fourth, for Assaults may consolidating and amending the Statutes in England relative to ^^ summarily Offences against the Person, a summary Jurisdiction is provided lp""%*^ j^ for the Punishment of Persons guilty of common Assaults and Batteries : And whereas it is expedient that the Provisions of the last-mentioned Act should extend to similar Offences com- mitted on board Ships belonging to Subjects of Her Majesty ; be it therefore enacted. That in the Case of any Assault or Bat- tery committed on board any Ship belonging to any Subject of Her Majesty in any Part of the World, it shall be lawful for L L 4 520 Meivchant Seamen. APPENDIX. 7" & 8" Vict. c. 112. any Two Justices of the Peace in any Part of Her Majesty's Dominions, or the Territories under the Government of the East India Company, residing at or near any Port or Place at whicli the said Sliip may arrive or touch, upon Complaint of the Party aggrieved, to hear and determine any such Complaint, and to proceed and make such Adjudication thereon as by the said Act any Two Justices are empowered to do in the Cases of As- saults and Batteries in England ; and the Fine or Forfeiture to be imposed in any such Case shall be payable to the Seamen's Hospital Society : Provided always, that such Complaint shall be made and prosecuted within Three Months after such alleged Assault or Battery, or within Three Months after the Arrival of the Ship at her final Port of Destination in tlie United Kingdom, or within Three Months after the respective Parties shall be within the Jurisdiction of such Justices as aforesaid. Masters entitled to receive tlie Wages, &c. of Apprentices entering into the Navy. No Seamen to be discharged abroad, nor to be abandoned, or left behind, without Sanc- tion of Consul, Sect. 45. And be it enacted, That no Apprentice to the Sea Service shall be at liberty to enter into the Naval Service of Her Majesty during the Period of his Apprenticeship without the Consent of his Master ; but if, nevertheless, he shall volun- tarily enter into such Naval Service of Her Majesty, and shall be allowed by his Master to continue therein, such Master, in case he shall give Notice to the Secretary of the Admiralty of his Consent to his Apprentice remaining in Her Majesty's said Service during the Residue of the Term of his Apprenticeship, shall, upon the Production of the Indenture and Assignment (if any), if duly registered, and having the Register Ticket attached, be entitled to receive to his own Use any Balance of Wages and Prize Money that may become due and payable to any such Apprentice until tlie Expiration of his Apprenticeship. Sect. 46. And whereas great Mischiefs have arisen from Masters ot" Merchant Ships leaving Seamen in Foreign Parts, who have been thus reduced to Distress and thereby tempted to become Pirates or otherwise misconduct themselves, and it is expedient to amend and enlarge the Law in this Behalf; be it therefore enacted, That if any Master of a Ship belonging to any Subject of Her Majesty shall discharge any Person be- longing to his Ship or Crew at any of Her Majesty's Colonies or Plantations, without the previous Sanction in Writing (to be endorsed on the Agreement) of the Governor or other Oflicer holding the chief Authority there, or of the Secretary or other Officer duly appointed by the Government there in that Behalf, or in the Absence of such Functionaries then of the Chief Officer of Customs resident at or near such Port or Place, or shall dis- charge any such Person at any other Place abroad without the like previous Sanction, to be so endorsed on the Agreement by Her Majesty's Minister, Consul, or Vice Consul there, or iu the Absence of any such Functionary then of Two respectable Merchants resident there, such Master shall be guilty of a Mis- ^ 7" & 8" Vict. c. 112. APPENDIX. 521 Mkhchant Skamen. demeanor ; or if any Master of any such Ship shall abandon or leave behind at any such Colony or Plantation any Person belonging to his Ship or Crew, on the Plea or Pretence of Unfitness or Inability to proceed upon the Voyage, or of Deser- tion or Disappearance from the Ship, without a previous Cer- tificate in Writing (to be endorsed on the Agreement) of the Governor, Secretary, or other Officer as aforesaid, or in the Absence of such Functionary then of the Chief Officer of Cus- toms resident at or near such Port or Place, certifying such Unfitness, Inability, Desertion, or Disappearance, or shall abandon or leave behind any Person belonging to his Ship or Crew at any other Place abroad, on shore or at sea, upon such Plea or Pretence, without the like previous Certificate of Her Majesty's Ministei', Consul, or Vice Consul there, or in the Absence of any such Functionary then of Two respectable Mer- chants, if there be any such at or within a reasonable Distance from tlie Place where the Ship shall then be, such Master shall be guilty of a Misdemeanor ; or if any Master of any such Ship, in case any Person belonging to his Ship or Crew shall desert from the said Ship at any Place abroad, shall neglect to notify tlie same in Writing to one of such Functionaries as aforesaid, if there be any such resident at or near the Place, and in their Absence, if it be out of Her Majesty's Dominions, then to Two respectable Merchants, if there be such at or near the Place, within Twenty-four Hours of such Desertion, such Master shall be guilty of a Misdemeanor ; and the said Functionaries are hereby authorized and required, and the said Merchants are authorized, to examine into the Grounds of such proposed Dis- charge, or into the Plea or Pretence of such Unfitness, Inability, Desertion, or Disappearance as aforesaid, in a summary Way, upon Oath (which Oath they are hereby respectively authorized to administer), and to grant or refuse such Sanction or Certifi- cate according to the Circumstances, and as it shall appear to them to be just. Sect. 47. And be it enacted. That if the Master of any Ship Forcing- Sea- belonging to any of Her Majesty's Subjects, or the Mate or men on shore, other Officer of such Ship, shall wrongfully force on shore and ^^- * Misde- leave behind, or shall otherwise wilfully and wrongfully leave '"^^""'■• behind on shore or at sea, in or out of Her Majesty's Dominions, any Person belonging to his Ship or Crew, before the Comple- tion of the Voyage for which such Person was engaged, or the Return of the Ship to the United Kingdom, such Master, Mate, or other Officer shall be guilty of a Misdemeanor ; and every Where Mis- Misdemeanor mentioned or created by this Act shall and may demeanors may be prosecuted by Information at the Suit of Her Majesty's ^^ prosecuted. Attorney General, or by Indictment or other legal Proceeding in any Court having Criminal Jurisdiction in Her Majesty's Dominions at homo or abroad ; and the Offence may be laid and chargeil in the said Information, Indictment, or other legal Pro- ceeding to have been committed in the Counfv or Place where 522 APPENDIX. 7^ & 8" Vict. e. 112. Merchant Seamen. If any of the Crew are left behind, the Proof of Sanc- tion or Autho- rity to be upon the Master. Seamen, when allowed to be left behind, to be paid their Wages. Act not to extend to pre- vent Seamen from entering into the Navy. tlie Offender shall happen to be, who, being convicted thereof, shall be liable to Fine or Imprisonment, or both, as to the Court before whom he is tried shall seem meet ; and ever}'- Court is hereby authorized to issue a Commission or Commissions for the Examination of any Witness or Witnesses who may be absent or out of the Jurisdiction of the Court ; and at the Trial the Depositions taken under such Commission or Commissions, if such Witness or Witnesses shall be then absent, shall be received in Evidence. Sect. 48. And be it enacted. That if any Master shall, con- trary to the Provisions of this Act, discharge, abandon, or leave behind any Seaman or other Person belonging to the Ship or CreWj with or without his Consent, it shall be incumbent on such Master, in any Information, Indictment, or other Proceed- ing against him, to produce or prove such Sanction or respec- tive Certificate as aforesaid, or prove the Impracticability of obtaining such Certificate. Sect. 49. And be it enacted, That every such Master who shall leave any Seaman or other Person as aforesaid on shore at any such Colony or Plantation or Place abroad, under a Certi- ficate of his not being in a Condition to proceed on the Voyage, shall deliver to One of the said Functionaries, or if there be none such to any Two respectable Merchants there, or if there be but One then to such One Merchant, a just and true Account of the Wages due to such Person, and pay the same either in Money or by a Bill drawn upon the Owner ; and if by Bill, then such Functionaries or Merchants are respectively authorized and required, by Endorsement on such Bill, to certify that the same is drawn for Money due on account of Seamen's Wages, or to that Effect ; and any Master who shall refuse or neglect to deliver a just and true Account of such Wages, or to pay the Amount thereof in Money or by Bill as aforesaid, shall for every such Offence or Default forfeit and pay the Sum of Ten Pounds, and every Master who shall deliver a false Account of such Wages shall for every such Offence forfeit and pay the Sum of Twenty Pounds. Sect. 50. Provided always, and be it enacted, That nothing in this Act or in any Agreement contained shall prevent any Seaman or Person belonging to any Ship or Vessel whatever from entering or being received into the Naval Service of Her Majesty, nor shall any such Entry be deemed a Desertion from the Ship or Vessel, nor shall such Seaman or other Person thereby incur any Penalty or Forfeiture whatever either of Wages, Clothes, or Effects, or other Matter or Thing ; and no Master or Owner shall insert or introduce, or permit to be inserted or introduced, into any Articles or Agreement, any Clause, Engagement, or Stipulation whereby anj' Seaman or other Person shall or may incur any Forfeiture or be exposed 7"&8"VicT.c. 112. APPENDIX. to Loss in case lie shall enter into Her Majesty's Naval Service; and it" inserted, the Clause, Engagement, or Stipulation shall be void, and the Offender shall thereby incur a Penalty of Twenty Pounds. 523 Upon Entry of Seamen into the Navy from any Ships they shall be entitled to the immediate Delivery iij) of their Clothes, Register Tick- ets, and Pay- ment oF any Wages that may be due- Sect. 51. And be it enacted, That when any Seaman shall quit any sucis Ship or Vessel as aforesaid, in order to enter into Her Majesty's Naval Service, and shall thereupon be actually received into such Service, not having previously committed any Act amounting to and treated by the Master as Desertion, he shall be (!ntitled inniiediately upon such Entry to have his Register Ticket and all his Clothes and Effects on board such Ship or Vessel delivered to him, and to receive from the Master the proportionate Amount of his Wages up to the Period of such Entry, to be y^aid either in Monev or by a Bill on the Owner ; all which Register Ticket, Clothes, Effects, Money, or Bill such Master is hereby required to deliver and pay to him accordingly, under a Penalty of Twenty Pounds for any Refusal or Neglect, to be recovered with full Costs of Suit by such Seaman ; but in case the Master shall have no Means of ascertaining the Balance, he shall make out and deliver to such Seaman a Certificate of the Period of his Service, and the Rate of Wages he is entitled to, producing at the same Time to the commanding or other Officer of Her Majesty's Vessel the Agreement with the Seaman ; and every such Master, upon the Delivery of such Register Ticket, Clothes, and Effects, and the Settlement of such Wages in manner herein mentioned, shall receive from the Officer in comn>and of the Vessel into which the Seaman shall have entered a Certificate of such Entry, endorsed on the Agreement, and signed by the said Officer, which such Officer is hereby required to give. Sect. 52. And be it enacted, That if any Person shall be dis- Tower for Her chargtid, or wilfully and wrongfully left behind or abandoned, at ^^I"j»^sty to sue any Place beyond Seas, in or out of Her Majesty's Dominions, J ''"^ Amount by any Master, Mate, or other Officer, contrary to the Pro- ^^|,^. Relief of visions of this Act, and shall become distressed, and be relieved Seamen left under the Provisions of an Act passed in the Eleventh Year of abroad, the Reign of His late Majesty King Georye the Fourth for amending and consolidating the Laws relating to the Pay of the Royal Navy, or any Act hereafter to be passed for that Pur- pose, or if any Person shall, as Principal or Agent, engage any- Subject of Her Majesty to serve in any Vessel belonging to any Foreign Power, or to the Subject of any Foreign State, and such last-mentioned Person shall become distressed and be relieved as aforesaid, then, in addition to the Wages due from such Master or Owner or Person making such Engage- ment, and the Penalties to which such Master may be liable. Her Majesty shall be entitled to sue such Master or the Owner of the Ship, or any Person who shall have made such Engage- ment as aforesaid, at the Discretion of the Commissioners Tor 521- APPENDIX. 7" & 8" Vict. c. 112. IMliRCIIANT Seajjen. executing the Oflice of Lord High Admiral of the United Kingdom, for all the Charges and Expences which shall have been incurred in or for the Subsistence, necessary Clothing, and Conveyance home or Burial (should he die abroad or before reaching home) of any such Seaman or Person relieved as aforesaid, as Money paid to the Use of such Master or Owner or other Person, who shall liave made such Engagement as aforesaid, and recover the same, together with full Costs of the Suit, in the same Manner as other Debts due to Her Ma- jesty are recoverable; and in any Proceeding for that Purpose Proof of the Account furnished to the said Commissioners by any such Functionaries, or by such Two Merchants, or One Merchant, according to the Case, as provided by the said Act of the Eleventh Year of King George the Fourth, shall, together with the Proof of Payment by the said Commissioners, or by the Paymaster General, of the Charges incurred on account of any such Person, be sufficient Evidence that sucli Person was relieved and conveyed home or buried at Her Ma,)csty's Ex- pence ; and the Court in which any Proceeding for the Reco- very of the said Money shall be instituted is hereby authorized to issue a Commission or Commissions for t!ie Examination of Witnesses, and the Depositions taken under such Commission or Commissions sliall be used as Evidence. Ship's Agree- ment, Inden- tures, and Assignments of Apprentice- ship and Ile- gister Tickets, on Arrival at a Foreign Port, to be deposited with the Con- sul, and at a Colony with the Officers of Customs. Consuls to make Endorsements Oil Asrcements. Sect. 53. And be it enacted, That if any Ship belonging to a Subject of Her Majesty (except Packets for Passengers in the course of their Voyage) shall arrive at any Foreign Port where there shall be a British Consul or Vice Consul, or at any Port in a British Colony, and remain thereat for Forty- eight Hours, the Master shall, within Forty-eight Hours of the Ship's Arrival, deliver or cause to be delivered to such Consul or Vice Consul at such Foreign Port, or to the Collector or Comptroller of the Customs at such Port of a British Colony, the Agreement or Agreements before mentioned, together with an Account at the Foot of such Agreement of all Apprentices on board, setting forth their Christian and Surnames at full Length, the Dates of the Registry of their Indentures and Assignments respectively, and the Ports at which and the Time when they were registered, and also all Indentures and Assign- ments of Apprenticeships, and the Register Tickets of all the Crew who shall be Subjects of Her Majesty, the whole to be kept by such Consul or Vice Consul, Collector or Comptroller, as the Case may be, during the Ship's Stay in such Port, and (excepting the Register Tickets of Deserters, which are to be transmitted by such Functionaries to the Registrar of Seamen,) to be returned to the Master a reasonable Time before his Departure, with a Certificate endorsed on such Agreements respectively, stating when the same were respectively delivered and returned, without any Fee or Charge being made for the same ; and in case it shall appear that ti)e required Number of j\pprentices are not on board, or that the required Forms or 70 & 8" Vict. c. 112. APPENDIX. 525 existing Laws have been iti any respect neglected or trans- Merohant gressed, sucli Consul or Vice Consul, Collector or Comptroller, .^kamen. shall make an Endorsement to that Efl'ect on such Agreement, and forthwith transmit a Copy of such Endorsement, Mith the fullest Information he can collect regarding such Neglect or Transgression, to the said Registrar ; and if any Master shall IVnalty on neglect to deliver any Agreement, Indenture, Assignment, or ^'^'i'stcrs for Register Ticket, or such Account as aforesaid, he shall for '^^m''*-^' ^<-'' every such Neglect or Default forfeit and pay the Sum of Twenty Pounds ; or if any Master shall deliver any false or incorrect Account, he shall for every such Offence forfeit and pay the Sum of Thirty Pounds. Sect, 5+. And be it enacted, That no Seaman shall be shipped No Seaman to at any such Foreign Port by any such Master, except with the ''^' sliipped at a Sanction of such Consul or Vice Consul, to be endorsed or i'!»"L''g'> » <^rt certified on the Agreement, under a Penalty of Twenty Pounds, .Sangt;,,,! of the to be forfeited by the Master for every Seaman so shipped. Consul. Sect. 55. And be it enacted, That the Master of every Ship Masters to pro- belonging to any Subject of Her Majesty shall and he is hereby 'hicc Agree- required to produce and show the Log Book, Muster Roll of •"f'"t, &:c. to the Ship, and the Agreement or Agreements with his Crew, \l^' .^^Vi^.° their Register Tickets, and the Indentures of his Apprentices, and the Assignments thereof, and a List of all the Passengers and Persons on board, to the Captain, Commander, or other Commissioned Officer of any of Her Majesty's Ships or Vessels requiring the Production and Sight thereof; and that it shall be lawful for any such Officer in Her Majesty's Naval Service to muster the Crew (including Apprentices) of any Ship belonging to any such Subject, in order to be satisfied that the Provisions of this Act, and every other Act by which the Crews of such Ships as aforesaid are regulated, and the Laws relating to Navigation, have been duly kept and complied with ; and if any Master shall, upon being required so to do by any Penally. such Officer, neglect or refuse to produce such Log Book, Muster Roll, or Agreement, Register Tickets, Indentures, and Assignments, and Lists of Passengers and Persons, or any of them, or shall obstruct any Officer in the Execution of his Duty in mustering the said Crew, or shall produce any false Log Book, Muster Roll, or List, he shall for every such Offfencc forfeit and pay the Sum of Twenty Pounds. Sect. 56. And be it enacted, That for the better carrying Consuls, Re- into effect the Purposes of this Act it shall be lawful for Her gistrar, and Majesty's Consuls and Vice Consuls in Foreign Ports, and for ^^^Hicers of Cus- the said Registrar and his Assistant, and also for the respective emUo™eouire Chief Officers of the Customs at the several Ports of the United Production of Kingdom and of the British Possessions abroad, to demand tlie Agreement, from the Master of every Ship belonging to a Subject of Her Muster Roll, Majesty the Production of the Log Book, Muster Roll of thp ^^- r>2G APPENDIX. 7°&8'>ViCT. 0.112. Mf.rciiavt Seamen. Penalty on RIaster refusing to produce. Survey of Pro- visions, &e. If Provisions are found SHSufficient, &(. Ship, and such .Agreements, Register Tickets, Indentures, and Assignments as aforesaid, and a List of Passengers and Persons on board, and to muster the Crew (including Apprentices) of such Ship, and to summon the Master to appear before them, and give any Explanation they may respectively require re- garding the said Crew, Ship, or Documents, for the Purpose of ascertaining whether the Provisions of this Act, and every other Act by which the Crews of such Ships as aforesaid arc regulated, and the Laws relating to Navigation, have been kept and com- plied Vv-ith, and to take Copies of all or any of such Documents ; and if any such Master, on such Demand being made, shall refuse to produce such Log Book, Muster Roll, Agreements, Register Tickets, Indentures, and Assignments, and List of Passengers and Persons, or refuse to allow Copies to be taken, or shall refuse to permit his Crew to be so mustered, or shall refuse to appear and give such Explanation as aforesaid, or shall wilfully deceive or mislead the Person before whom he shall so appear, he shall for every such Neglect, Refusal, or Offence forfeit and pay the Sum of Twenty Pounds. Sect. 57. And be it enacted. That it shall and may be lawful for any Consul or Vice Consul of Her Majesty, and for any Collector or Comptroller of the Customs, upon Complaint made by any Three or more of tlie Crew, to survey and examine, or cause to be surveyed and examined, the Provisions, Water, and Medicines put or supplied on board any Ship for the Use and Consumption of the Crew ; and if on such Survey and Exami- nation it shall be found that such Provisions, Water, or Medicines, are of a bad Quality, or unfit for Use, or not appropriate, or there shall not appear to be a sufficient Quantity thereof, the Surveying Officer shall signify the same in Writing to the Master of the Ship ; and if such Master shall not there- upon provide other fit and proper Provisions, Water, or Medi- cines in lieu of any v.iiich may be signified by the said Surveying Officer to be of a bad Quality, or unfit for Use, or not appropriate, or if any such jNlaster shall not thereupon procure the requisite Quantity of Provisions, Water, and Medicines, or shall use any Provisions, Water, or Medicines which shall have been signified by the Surveying Officer to be of a bad Quality, or unfit for Use, or not appropriate, he shall in each and every of such Cases be guilty of a Mis- demeanor. As to Offences committed at Foreign Ports. Sect. 5S. And be it enacted, That all Offences against the Property or Person of any Subject of Her Majesty, or of any Foreigner which shall be committed in or at any Port or Place, either ashore or afloat, out of the Dominions of Her Majesty, by the Master and Crew (including Apprentices), or anj' or either of them, belonging to any Ship subject to any of the Provisions of this Act, or who within Three Months before tliei Committal of the Offence shall have been the Master thereof, T^&S-'VicT. c. 112. APPENDIX. 527 Mf.rchani Seamen. England. or shall have formed Part of any such Crew, shall be and they are hereby declared to be Offences of the same Nature respec- tively, and to be liable to the same Punishments respectively, as if they had been committed on the Higli Seas and other Places within the Juri-sdiction of the Admiralty of England, and shall be inquired of, heard, tried, and determined and adjudged in the same Manner as if such Offences had been committed within such Jurisdiction ; and when any Trial for such Offences or for any Misdemeanor against the Provisions of this Act shall take place before any Justices or Judges of Oyer and Terminer and Gaol Delivery, it shall be lawful for the Court to order and direct the Payment of the Costs and Expences of the Prosecution, as in the Case of Costs and Expences of Pro- secutions for Offences committed within the Jurisdiction of the Admiralty of England. Sect. 59. And be it enacted, That whenever any Complaint For the safe shall be made to any of Her Majesty's Consuls or Vice Consuls Custody and of any such Offence or of any Offence having been committed Conveyance of at Sea by the Master and Crew (including Apprentices), or ^"'-'""ers to any or either of them, belonging to any Ship subject to any of the Provisions of this Act, it shall be lawful for any such Consul or Vice Consul to inquire into the Case, upon Oath, and at his Discretion to cause any Offender to be placed under all necessary Restraint, so far as it may be in his Power, so that he may be sent and conveyed in safe Custody to England as soon as practicable, in any Vessel of Her Majesty, or of any of Her Subjects, to be there proceeded against according to Law ; and the Costs and Charges of imprisoning any such Offender, and of conveying him and the Witnesses to England, if not conveyed in the Ship to which they respectively belong, shall be considered and deemed as Part of the Costs of the Prosecution, or be paid as Costs incurred on account of seafar- ing Subjects of the United Kingdom left in Distress in Foreign Parts ; and all Depositions taken before any Consul or Vice Consul abroad, and certified under his official Seal to be the Depositions, and that they were taken in the Presence of the Party accused, shall be admitted in Evidence in all Courts having Criminal Jurisdiction, and otherwise, in like Manner as Depositions taken before any Justice of the Peace in England now are or may be ; and the Register Ticket of every Offender shall be delivered up to Her Majesty's Consul or Vice Consul, as the Case may be, and be transmitted by him to the Registrar of Seamen. Sect. 60. And be it enacted, That it shall be lawful for any As to the Con- Consul or Vice Consul to order a Passage to England for any veyance of such Offender or Offenders under necessary Restraint, and also ^f'^"'^ers and for the Witnesses ; and the Master or other Person having the EiLbaJ^ Charge of any Ship or Vessel belonging to any Subject of Her Majesty bound for Englaml shall and he is hereby required to 528 APPENDIX. 7" & 8" Vict. c. 1 12. Mkuciiant receivf ami .ifl'ord a Passage und Subsistoiieo during the Voyage Sf.amkn. to any such OHcndt'i- or ()H'i'ndcrs and Witncsstvs nut exceeding the Ifate of One OHender or Two Witnesses for every One hundred Tons of his Ship's Burden; and on iiis Shi])'s Arrival in England the Master of any Vessel belonging to a Subject of Her Majesty sliall take or cause to be taken the OHender or Offenders before a Justice of the Peace, who shall deal with the Matter as in Cases of Offences committed njion tlie High Seas; and in case the Master or other Person having the Charge of any Ship or Vessel belonging to any Subject of Her Majesty, when required by the Consul or Vice Consul to receive and afford a Passage to any Offender or Witness, shall not receive and afford sucii Passage, or shall not take or cause to be taken the Offender or Offenders before a Justice of the Peace as aforesaid, every such Master shall be liable to a Penalty of Fifty Pounds; and the Seaman, if acquitted, shall receive his Register Ticket again upon due Application to the Registrar of Seamen. As to Ships Sect. 61. And be it enacted, That this Act shall not extend belongiii}:; to or apply to any Ship registered in or belonging to any British British Colo- Colony having a Legislative Assembly, or to the Crew of any ""^''' such Ship, while such Ship shall be within the Precincts of such Colony ; but every Ship belonging to any Colony or Pos- session of Her Majestj'^, when proceeding from one Part of the United Kingdom to another, or from the United Kingdom to the Islands of Jersey, Guernsey, Alderney, Sark, or Man, or from any Port in the United Kingdom to any Port or Posses- sion of any Foreign Power or Country, or to any Colony to which the Ship shall not belong, shall be held to come within the Provisions of this Act ; and this Act is hereby extended to the same ; and the Owner, Master, and Crew, including Appren- tices, of such Ship so trading as aforesaid, shall be and are hereby declared liable to the Provisions of this Act as fully as the Owner, Master, and Crew of any British registered Ship, and this Act and the Provisions thereof (except so far as the same relate to Agreements, Register Tickets, and having Ap- prentices,) shall also extend and apply to Ships belonging to all of Her Majesty's Colonies and Possessions abroad, wherever otherwise proceeding or trading, and to the Owners, Masters, and Crews of such Ships when any such Ship shall be beyond the Precincts of the Colony or Possession to which she shall belong; and all Certificates and Sanctions required by this Act to be endorsed on Agreements shall, in the Case of Ships last referred to, be otherwise given in Writing where no written Agreement exists. Recovery of Sect. 62. And be it enacted. That all Penalties and For- Penahies, feitures imposed by this Act, and for the Recovery whereof no specific Mode is herein-before provided, shall and may be re- covered, with Costs, either in any of Her Majesty's Coiirts of 7^&8'>VrcT. C.112. AITENDIX. 529 Record at Westminster, Edinburgh, or Dublin, or in tlic Colo- nies or Territories under the Government of the East India Company, at the Suit of Her Majesty's Law Officers respec- tively, or at the Suit of any Person, by Information and sum- mary Proceeding before any Justice or Justices of the Peace in and for any Part of Her INTajesty's Dominions, or the Territories under the Government of the East India Company, where or near to the Place where the Offence shall be committed or the Offender shall be ; and if Proceedings for the Recovery of any Forfeiture or Penalty imposed by this Act, or for the Recovery of any Debt due to Her Majesty, be commenced in any of Her Majesty's Courts, the Court in which such Proceedings shall be instituted is hereby authorized to issue a Commission or Com- missions in or out of Her Majesty's Dominions for the Examin- ation of Witnesses, and the Depositions taken thereunder shall be used and admitted in Evidence ; and in case of a summary Conviction under this Act, and the Sum imposed as a Penalty by the Justice or Justices shall not be paid, either immediately after the Conviction or within such Period as the Justice or Justices shall at the Time of the Conviction appoint, it shall be lawful for the convicting Justice or Justices to commit the Oflfender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, according to the Discretion of the Justice or Justices, for any Term, not exceeding Six Calendar Months, the Com- mitment to be determinable upon Payment of the Amount and Costs; and all Penalties and Forfeitures mentioned in this Act, Application of for which no specific Application is herein-before provided, Forfeitures, shall, when recovered, be paid and applied in manner following; (that is to say,) so much thereof as the Court or the convicting Justice or Justices shall determine, but not exceeding one Moiety, shall be paid to the Informer or Person upon whose Discovery or Information the same shall be recovered, and the Residue shall be paid to the Seamen's Hospital Society : Pro- vided always, that it shall be lawful for the Court before which, or the Justice or Justices before whom, any Proceedings shall be instituted for the Recovery of any pecuniary Penalty imposed by this Act, to mitigate or reduce such Penalty as to such Couft or Justices respectively shall appear just and reasonable; but no such Penalty shall be reduced to less than One Third of its original Amount; and it shall be lawful, in the Discretion of the said Court, or of the said Justice or Justices hearing the Complaint, to order such Costs against the informing or com- plaining Party failing to prove the Charge as the said Court or Justice or Justices may deem fit, and such Costs shall be reco- verable in the same Manner as Penalties under this Act, and be paid as such Court or Justice or Justices shall direct: Pro- vided also, that all Proceedings so to be instituted shall be commenced within Two Years next after the Commission of the Offence, if the same shall have been committed at or beyond 5'AO APPENDIX. 7"& 8" VrcT. 0.11 'J. Merchant Seamfn. Definition of the Terms " Master," " Seaman," " Ship," and *' Owner." As to Relief to Persons from Asia and Africa becoming dis- tressed in the United King- dom. Act may be amended, &c. the Cape of Good Hope or Cape Horn, or within One Year if connuitted elsewhere, or within Two Calendar Months after the Return of the Ofi'ender and the complaining Party to the United Kingdom. Sect. 63. And to avoid Doubts in the Construction of this Act, be it enacted, That every Person having the Charge or Command of any Ship belonging to any Subject of Her Majesty shall, within the Meaning and for the Purposes of this Act, be deemed and taken to be the Master of such Ship ; and tliat every Person (Apprentices excepted) who shall be employed or engaged to serve in any Capacity on board the same shall be deemed and taken to be a Seaman, v.ithin the Meaning and for the Purposes of this Act ; and that the Term " Ship " shall be taken and understood to tom])rehend every Description of Vessel navigating on any Sea or Channel, or Waters outside the Mouths of liivers, and also every Vessel passing beyond the Precincts of a Port ; and that the Term " Owner " shall be taken and understood to comprehend all the several Persons, if more than One, to whom the Ship shall belong. Sect. 64. And be it enacted, That if any Person, being a Malay, Lascar, or Native of the Territories under the Govern- ment of the East India Company, or of any Asiatic or African Seaman, having been brought to the United Kingdom on board any Ship, shall be found or be in the United Kingdom in distress for Want of Food, Clothing, or other Necessaries, it shall and may be lawful for the Commissioners for executing the Office of Lord High Admiral of the United Kingdom, at their Discretion, to supply necessary and reasonable Relief to every such Person and Seaman, and to maintain him until he shall be sent on board some Ship for the Purpose of being conveyed to or near to the Port from w'hich he was shipped, and also to pay, defray, and advance the Money necessary to procure every such Person and Seaman a proper and sufficient Passage to such Port; and all such Sum or Sums of Money as shall be paid and advanced by or by Order of the said Commissioners for or on account of such Relief, Maintenance, and Passage shall be and become a Debt due to Her Majesty, and be recoverable as such, with full Costs of Suit, in the Courts of Law either in Her Majesty's Dominions or in the Territories under the Government of the East India Company, from the Owner and Master, or either of them, of the Ship on board whereof such Person or Seaman shall have been brought from Asia or Africa ; but nothing herein contained shall repeal or annul any other Act or Acts now in force for the Relief and Conveyance home of any Asiatic ov African Person or Seaman. Sect. 65. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Sessi on of Parliament. 8 d'S-^ Vict. c. 112. APPENDIX. C -3 K 4J CO o- »o •£ _. rs ■* t<" £.-^ =•'2 -s s =* •- -s -° o >- -.2 ■a •« o O -" o ^ -C XJ ^ S T'' 2 S fee 7" •s- §.> i 1"^ ^ s eg I."- ^' -^ I ^ ^ :2^^ i- >>! '^S s:: s >^ M "« V. o t) -5 s ^ x"rt ^ -g •« C-^ -'S ^ « •- „- S ^ ^ ."! S) = ^ ^ S o-^ ^ CT! e:S ^ ' "c 5 ' S 2- •, rt - ■ ^ OJ Pi .3 .^ tn i) fciD fee o ?5 u !- o 75 o — ^': O J5 'S E 5 2 O (U *^ o t^ o cS O S c Pi ^ O . s 01 ^ fcn o S o = .■a ■►^ fco O? ■^ Q -2 a — o Q c^ c: > s,-s Of ,5 ^ c f 5 bo ^ >^ ;>. J. . . q 3 - K.-s, « s- S <^ > fi ^ - tv- ^ -« 15 ^ 01 ^ 0-. <5 .^ .~ S'-S' ?S -^"S o -5 .S =■ 2 « -2 ^ .^ 2 ^ .?. p Si ^ I a-g S " S- r< ■" — fcjO « 2 .5 G ^1' t„ O"' "►-' rt^ «i ^^:^bo5§-§c.'§3g-.st ^ t^.S<"~'«"'3'T3^":;a) 2J --^ J3 M S S « 'K i- -S =* ^ X airs J3 W !~ ' ^ "e S ^^ t! o u — l^if^-S °> o '« '^ .Si ^ 52-g _' *> "S 4> ca b " ^ iP, .. .= .V u rv , ?^ S 4> 2 -O iZ3 .- >, 0) 'Si °1 - " ^ — ^ ^ ■ ~ a. aj '^ 3 5o' ^ Q) c ^l^S-s o «^ «, „„ 4; & a5 •^ C3 ^'^^ M t ^ ^ = S^- ° i" 5 XJi£ S-2-= 5h5 3*^ °>:'§ o >-■ 2 - o -* 09 "^ J3 ra ; ^ -3 >^ § .«: c. - 5 2 , >, r; J5 13 01 ■ ^^ ^ rr5 gj e 2^v^.2 S PQ « ^ •- ^ .3 o •:£ ^ ^ 0) gj^ « 3 .O O >- 3 'S -« .s b^ 1-3 -^ 13 -B " §3 s -g -2 ;§ ■£ g 7"&8° Vict. c. 11: Number of Register Ticket. Name of Ship in which the Seaman last served. Witness to Signature. Quantity of Provisions per Day. Amount of W^ages per Calendar Month, Share, or Voyage. Quality. Town or County where born. Age. Men's Names. Christian and Surnames set forth at full Length. c W o S H 13 3 cj a> i C 1 p Q a o m 6 01 60 U J= CLi CS g 'a o 7° & 8° Vict. c. 112. APPENDIX. 533 bC D •" « .fl -tj c J_, "- > C^S 1 Port of e n to the Port 1 o g the on th Retur Y of ^ B O s „, o- -iS H c*. C o s -3 -O /^*N o c 1—1 "S « ^w' a3 o ^ ^^ o c c 3 rentices) at 3 on her Vo such Dep ingdom on o CQ w a> X .a 4J c; Cm a^-z -^^ CO o and Ap Departu sequent United Cm o «« SXfi .(-> ^ § feS-; o c;^«2 g .a bco -^ c n -"-a -5 C4^ o ;rt ~ O 2 n oj -a a U M 3 5'3i^ APPENDIX. 7"& 8" Vict. c. 112. CO o ■'-' H •a ^ bO O O 11 1 — 1 ^ '^t-i ^ o-^ 2 ^ c -§ 'T3 #. ,^-v w S-. ■o "O =3 CO -S s ? ^-^ <*. Q S H W o Q 1^ 1 ^ O ^ U2 O ;3 o "e CiO r-, 3 o c. .^Oh < SP OJ "^ 0) ^ a> o ** ^ .;« j3 to t^ j5 1 = >>» O; >r3 St s s & _C a =^ o " ^ w M "5: O) t- 00 bf ea r.^ 5^ rt O) *« 1 — 1 0) K o l*H 0! 0) o -l-> Oh H a -u ^ rt a "O o hflO fcJD bX)^ sZ z SQ rs < Numbers of Register Tickets. When and where registered. Date of Apprentices Indentures and Assignments. How disposed of. 0) aj Time of Death or leaving the Ship. Date of joining the Ship. Ship in which he last served. Quality. Town or County where born. Age. Name. Christian and Surname at full Length. No. and Data of Ship's Register. .a cs .S -r^ a O r- O 1^ a ^ a o X u ;; a O Ui iJh ^ (U u u %t o TS .c 3 tM O ^ 3 c 3 o Pi CI 3 < %> .J^ H- J= 1 1 d ^ -B '< o _M O >> 7° & 8" Vict. c. 1 1'2. APPENDIX. SCHEDULE (E.) (1) 535 Tliis is to certiFy, That whose Register Ticket is numbered served as on board the of the Port of of the Burden of Tons, from the Day of to the Day of and that he was diseliarged from tiie said Ship on at Dated this Day of 184. . Master. 9. 10. 11. SCHEDULE (F.) (2) What is your Christian and Surname ? Have you or have you not been registered before ? Where were you born, and when ? When did you first go to Sea? In what Capacity did you go, and in what Capacity have you since served ? Have you or have you not served in the Royal Navy ? If you have, how long? and in what Ships? and in what Capacity ? Have you or have you not been in Foreign Service ? If you have, how long ? and in what Capacity ? and under wliat Flag ? How have you been generally employed at Sea ? Where is your usual Place of Residence when unemployed ? SCHEDULE (G.) (3) Names, and distinguishing Numbers of the Register Tickets, of the Crew (including Apprentices) now serving on board the of the Port of of the Burden of Tons, on taking Departure from the Port of in the United Kingdom, bound on a Voyage to No. and Date of Ship's Register. Name. Capacity. Number of Register Ticket. Dated this Day of 184. . Master. Particulars to be clearly and legibly set forth. (1) See § 13. (2) See § 20. M M 4 (3) See § 26. Merchant Seamen. 536 APPENDIX. 7" & 8" Vicr. c. 1 1'J. "Jr^rr schedule (hoco Form of Parish Apprentice's Indenture. This Indenture, made the Day of in the Year of our Lord One thousand eight hundred and vitnesscth, That Overseers of the Poor of the [Parish] of («) in the Division of in the County of in the Presence of and Two of Her Majesty's Justices of the Peace in and for tlic said County acting in and for the said Division in which the said [Parish or Union] is situate, do by this Inden- ture duly executed by the said Justices in testimony of their having been satisfied that the Boy hereby and hereafter bound and named hath attained the Age herein-after mentioned, and is of sufficient Health and Strength as i-equired by the Statute in such Case made and jirovided, bind, put out, and place, with his own free Will and Consent, and not otherwise, a poor Boy of the said [Parish or Union], aged Years, as appears by the Copy of the Entry of his Baptism in the Register Book of tlie Parish of in the County of hereunto annexed (''), who is now [and whose Parents and ] are now, chargeable to and maintained by the said [Parish] of Apprentice in the Sea Service to one of Her Majesty's Subjects of the [Parish] of in the County of being the Master ('^) of the Ship called registered in the Port of being a Port of the United Kingdom of Great Britain and Ireland, with him the said his Executors and Administrators, and the Assign or Assigns of the Widow or of the Executors and Ad- ministrators of the said to dwell, remain, and serve from the Day of the Date of these Presents for so long Time and until the said Apprentice shall attain the Age of Twenty-one Years ; during all which Term the said Apprentice, his said Master, his Executors and Administrators, or the Assign or Assigns of the Widow or of the Executors or Admi- (") Or it may be made by other Persons having the Authority of Overseers or Guardians, or in whom the Duty of Overseers or Guardians of the Pool' shall be vested. (•») The Copy must be given and attested by the Officiating Minister, without Fee or Reward. If it cannot be found, erase the Words from " by the " to " annexed," and insert " from such Information of such Boy's Age as the said Justices have been able to obtain, as the Entry of his Baptism cannot be found." The A])prentice must be above Twelve and imder Seventeen Years of Age, and bound for Four Years at the least. C) Or Owner. (I) Sec §32. 7" & 8' Vict. c. 1 12. APPENDIX. 537 Merchant nistrators of the said shall well and faithfully Seamen. serve ; his and their Secrets keep ; his and their lawful Com- ~~~ niands everywhere gladly do and execute ; Hurt or Damage to his said Master, his Executors or Administrators, or the said Assign or Assigns, he shall not do, consent or see to be done by others, but to the utmost of his Power shall hinder the same, and forthwith his said Master, his Executors or Administrators, or the said Assign or Assigns, thereof warn ; Taverns or Ale- liouses he shall not frequent ; at Dice, Cards, Tables, Bowls, or any other unlawful Games he shall not play ; the Goods of his said Master, his Executors or Administrators, or the said Assign or Assigns, he shall not embezzle or waste, or lend or give to any Person or Persons without his or their Licence ; nor from the Service of his said Master, his Executors or Administrators, or the said Assign or Assigns, without his or their Consent, at any Time absent himself; but as a true and faithful Apprentice in all lawful Businesses, according to his Power, Wit, and Ability, and honestly, orderly, and obediently in all Things, shall demean and behave himself toward his said Master, his Executors or Administrators, or the said Assign or Assigns, during the said Term; and true and just Accounts of his or their Goods, Chattels, and Money committed to his Charge, or which shall come to his Hands, faithfully he shall give at all Times, when thereunto required by him or them ; and shall also render an Account of, and well and truly pay or cause to be paid to him or them, all such Wages, Prize Money, and other Sum or Sums of Money as shall become due and payable unto him the said Apprentice from Her Majesty, Her Heirs, Successors, or any other Person, in case he shall enter or go into Her Majesty's Service during the said Term, In consideration whereof, and of the Sum of of lawful Money of the United Kingdom of Great Britain and Ireland to him in hand well and truly paid at the Execution of these Presents (the Receipt whereof the said doth hereby acknowledge), he the said for himself, his Executors or Administrators, doth hereby covenant, promise, and agree to and with the said Overseers of the Poor, and their Successors, that he the said his Executors or Admi- nistrators, and the Assign or Assigns of his Widow or of his Executors or Administrators, the said Apprentice in the Art, Trade, or Business of a Mariner or Seaman, with the Circum- stances thereunto belonging, shall and will, until he shall attain the Age of Twenty-one Years, teach, learn, and instruct, or cause to be taught, learned, and instructed, in the best Way and Manner that he or they can ; and shall and will find, provide, and allow unto the said Apprentice competent and sufficient Meat and Drink, Apparel, Lodging, Washing, Medicine, Medi- cal and Surgical Aid and Advice, and all other Things necessary and fit for an Apprentice. 538 APPENDIX. 7" & 8' Vict. c. 1 12. IMkuchant Aiid also shall and will so pioviilu for the said Apprentice that Skamkn. he bo not any way a Cliarge to the said [Parish or Union] of or Parishioners thereof ; but of and from all Charge shall and will save tiie [Parish or Union] of and Parishioners thereof harndess anil indeuuiiHi^d during the said Term. In witness whereof the said Justices and other Parties abovesaid to the present Indenture intercliangeably have set their Hands antl Seals the Day and Year first above written. Signed, sealed, and delivered ) in the Presence of J We the Guardians of the Poor of the [* Union, within which the said Parish is included] do hereby testify our Consent to the binding of the said to the said and have hereunto caused our official Seal to be affixed, at a Meeting of the Board this Day of (Signed) Presidinjr Chairman. Clerk to the said Guardians. SCHEDULE (I.) (1) Form of Apprentices Indenture. This Indenture, made the Day of in the Year of the Reign of Her Majesty Queen Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and in the Year of our Lord One thousand eight hundred and between aged Years, a Native of in the County of of the one part, and of in tlie County of of the other Pai't, witnesseth, That the said hath of his free Will put and bound himself Apprentice unto the said with him, his Executors, Adminis- trators, and Assigns, after the Manner of an Apprentice, to dwell, remain, and serve from the Day of the Date hereof for and during and until the full End and Term of Years from thence next ensuing fully to be complete and ended ; during all which Term the said Apprentice his said Master shall * If the Parish be not in Union, omit the Words within Brackets. (1) See § 40. 7'^ & 8" Vict. c. 1 12. APPENDIX. 53 well and faithfully serve ; his secrets keep ; liis lawful Com- Mkiuhant niands everywhere do and execute ; Hurt or Damage to his Seamen. said Master he shall not do, consent or see to be done by others, but to the utmost of his Power shall hinder the same, and forth- with his said Master thereof warn ; Taverns or Alehouses he shall not frequent (unless about his said Master's Business) ; at Dice, Cards, Tables, Bowls, or any other unlawful Games he shall not play ; the Goods of his said Master he shall not embezzle or waste, or lend or give to any Person or Persons without his said Master's Licence ; nor from the Service of his said Master, without his Consent, at any Time absent himself; but as a true and faithful Apprentice shall demean and behave himself towards his said Master, his Executors, Administrators, or Assigns, during the said Term; and true and just Accounts of his said Master's Goods, Chattels, and iMoney committed to his Charge, or which shall come to his Plands, faithfully he shall give at all Times, when thereunto required by his said Master, his Executors, Administrators, or Assigns; and shall also render an Account of, and well and truly pay or cause to be paid unto his said Master, his Executors, Administrators, or Assigns, all such Wages, Prize Money, and other Sum or Sums of Money as shall become due and payable unto him from Her Majesty, Her Heirs, Successors, or any other Person, in case he shall be impressed, enter, or go into Pier Majesty's Service during the said Term. In consideration whereof the said doth hereby covenant and agree to and with the said the xApprentice, that he the said his Executors, Administrators, or Assigns, during the said Term of Years, shall and will teach, learn, and inform the said Apprentice, or cause him to be taught, leai'ned, and informed, in the Art, Trade, or Business of a Mariner or Sea- man, with the Circumstances thereunto belonging ; and shall and will find and provide for the said Apprentice sufficient Meat, Drink, Washing, Lodging, Medicine, and Medical and Surgical Aid and Advice to pay unto the said Apprentice the Sum of Pounds of lawful Money of Great Britain, in manner following ; (that is to say,) The said finding and providing to and for himself all JVIanner of Sea Bedding, Wearing Apparel, and other Necessaries (except Meat, Drink, Lodging, Washing, Medicine, and Medical and Surgical Aid and Advice) : And it is hereby agreed between the said Parties, that the said shall and may from Tiiue to Time during the said Term deduct and retain in his Hands, out of the several yearly Payments above mentioned, all such Sum or Sums of Money as he shall at any Time during the said Term disburse or lay out in the buying of any Apparel or Sea Bedding for the said Apprentice, as Need shall require : And for the true Performance of all and singular the Covenants and Agreements aforesaid, each of them the said and 540 A PPENDIX. 7" & 8^' Vict. c. 1 1 2. Merchant dotli hereby hind and oblige himself, his Heirs, Executors, Seamen. and Administrators, imto the other of them, his Executors, and Administrators, firmly by these Presents, in the penal Sum of Pounds of lawful Money of Great Britain. In witness whereof the said Parties to these Presents have hereunto set their Hands and Seals, the Day and Year above written. Signed, sealed, and delivered i in the Presence of us J 5" & G" GuL. 4-. c. 62. APPENDIX. 541 5" & 6° GuL. 4. Cap. 62. An Act to repeal an Act of the present Session of Parlla- Oaths. ment, intituled A71 Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu tliereof; and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits ; and to make other Provisions for the Abolition of unneces- sary Oaths. [9th September 1835.] WHEREAS an Act was passed in the present Session of Parliament, intituled An Act for the more effectual Aboli- 5 W. 4. c. 8. tion of Oaths and Affirmations tahen and made in various Departments of the State, and to substitute Declarations in lieu thereof ; and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits ; and it was thereby enacted that the said Act should commence and take effect from and after the First Day of June m this present Year, the Year of our Lord One thousand eight hundred and thirty-five, it not being intended that the said recited Act should take effect before the same received the Royal Assent : And whereas the said recited Act did not receive the Royal Assent till after the said First Day of Jime One thousand eight hundred and thirty- five : And whereas it was enacted by the said recited Act, that from and after the First Day o^ June next ensuing it should not be lawful for any Justice of the Peace to administer or receive such voluntary Oaths as are therein mentioned, it being intended that the said Prohibition should take effect from the Time of the Commencement of the said recited Act: And whereas it is expedient to amend the said Act, and to make some further Provisions for the better effecting the Object thei'eof, and to consolidate all the Provisions relating thereto into One Act : Be it therefore 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 from and Recited Act after the passing of this Act the said recited Act shall be and repealed, the same is hereby repealed. Sect. 2. And be it further enacted, That in any Case where, Treasury cm- by any Act or Acts made or to be made relating to the Reve- powered to nues of Customs or Excise, the Post Office, the Office of Stamps substitute a and Taxes, the Office of Woods and Forests, Land Revenues, peclaration in Works, and Buildings, the War Office, the Army Pay Office, &e"in cTrtaia''' the Office of the Treasurer of the Navy, the Accountant Cases. 5t2 API'KNUIX. 5"& G"GuL.4. c.6'2. (l«Micral of the N;ivy, or tlio Onlnance, His Majest}''s Treasury, Chelsed Hospital, Grecvwich Hospital, the Roanl of Trado, or any of the Offices of His Majesty's Principal Secretaries of State, the Lidia Board, the Office for auditing the Public Accounts, the National Debt Office, or any Office under the Control, Direction, or Superintendence of the Lords Commis- sioners of His Majesty's Treasury, or by any official Regulation in any Department, any Oath, solemn Affirmation, or Affidavit might, but for the passing of this Act, be required to be taken or made by any P(!rson on the doing of any Act, Matter, or Thing, or for the Purpose of verifying any Book, Entry, or Return, or for any other Purpose whatsoever, it shall be lawful for the Lords Commissioners of His Majesty's Treasury or any Three of thein, if they sliall so think fit, by Writing under their Hands and Seals, to substitute a Declaration to the same Effect as the Oath, solemn Affi-rmation, or Affidavit which might but for the passing of this Act be required to be taken or made ; and the Person who might under the Act or Acts imposing the same be required to take or make such Oath, solemn Affirma- tion, or Affida\it shall, in Presence of the Commissioners, Col- lector, other Officer or Person empowered by such Act or Acts to administer such Oath, solemn Affirmation, or Affidavit, make and subscribe such Declaration ; and every such Commissioner, CoUectoi-, other Officer or Person is hereby empowered and required to administer the same accordingly. Sect. 3. And be it enacted, That when the said Lords Com- missioners of His Majesty's Treasury or any Three of them shall, iu any such Case as herein-before mentioned, have sub- stituted, in Writing under their Hands and Seals, a Declara- tion in lieu of an Oath, solemn Affirmation, or Affidavit, such Lords Commissioners shall, so soon as conveniently may be, cause a Copy of the Instrument substituting such Declaration to be inserted and published in the London Gazette ; and from and after the Expiration of Twenty one Days next following the Day of the Date of the Gazette wherein the Copy of such Instrument shall have been published the Provisions of this Act shall extend and apply to each and every Case specified in such Instrument, as well and in the same Manner as if the same were specified and named in this Act. and no Oath to Sect. 4. And be it enacted, That after the Expiration of the be administered said Twenty-one Days it shall not be lawful for any Commis- sioner, Collector, Officer, or other Person to administer or cause to be administered, or receive or cause to be received, any Oath, solemn Affirmation, or Affidavit, in the lieu of which such Declaration as aforesaid shall have been directed by the Lords Commissioners of His Majesty's Treasury to be substituted. Declaration substituted to be published in the Gazette, and after Twenty- one Days from the Date there- of the Pro- visions of this Act to apply ; in lieu of which such Declara- tion has been directed. ry & G> G UL. 4. c. Q2. APPEN Dl X. rA'A Sect. .5. And be it enacted, Tliat if any Person shall make Oaths. and subscribe any such Declaration as herein-before mentioned in lieu of any Oath, solemn Affirmation, or Affidavit by any F"lse Declara- A i .,•',,. i. ii i> L' n i \' ■ *'0"'' '" Matters Act or Acts relating to the Uevenues ot Customs or Lxcise, relatin'^ to cei- Stamps and Taxes, or Post Office, required to be made on the tain Hevenues a doing of any Act, Matter, or Thing, or for verifying any Book, Mlsdcineanor. Account, Entry, or Return, or for any Purpose whatsoever, and shall wilfully make therein any false Statements as to any material Particular, the Person making the same shall be deemed guilty of a Misdemeanor. Sect. 6. [Oath of Allegiance still to be required in all Cases.] Sect. 7. [Oaths in Courts of Justice, &c. still to be taken.] Sect. 8. [Universities of Oxford and Cambridge, and other Bodies, may substitute a Declaration in lieu of an Oath.] Sect. 9. [Churchwarden's and Sidesman's Oath abolished, and a Declaration to be made in lieu thereof.] Sect. 10. [Declaration substituted for Oaths and Affidavits by Persons acting in Turnpike Trusts.] Sect. 11. [Declaration substituted for Oaths and Affidavits heretofore required on taking out a Patent.] Sect. 12. [Declaration substituted for Oaths and Affidavits required by Acts as to Pawnbrokers. Penalties as to such Oaths, &c. to apply to Declarations.] Sect. 13. [Justices not to administer Oaths, &c. touching Matters whereof they have no Jui'isdiction by Statute. Proviso.] Sect. 14. [Declaration substituted for Oaths and Affidavits required by Bank o^ England on the Transfer of Stock.] Sect. 15. [Declaration substituted for Oaths and Affidavits required by 5 G. 2. c. 7. and 5i G. ?,. c. 15.] Sect. 16. [Declaration in Writing sufficient to prove Exe- cution of any Will, Codicil, dc] Sect. 17. [Suits on behalf of His Majesty to be proved by Declaration.] Sect. 18. [Voluntary Declaration in the Form in the Sche- dule may hv taken. Making false Declaration a Misde- meanor.] 54.4. APPENDIX. 5'& G'>Gul.4-. c,G'2. Oaths. Sect. 19. [Fees OH Oatlis payable oJi Declarations substituted in lieu tliercof.] Sect. 20. [Declarations to be in the Form prescribed by Schedule.] Sect. 21. [Persons making false Declaration deemed guilty of a Misdemeanor.] Sect. 22. [Act to take effect after 1st October 1835 ] Sect. 23. [Act may be amended this Session.] SCHEDULE referred to by the foregoing Act. I A.B. do solemnly and sincerely declare, That and I make this solemn Declaration conscientiously believing the same to be true, and by virtue of the Provisions of an Act made find passed in the Year of the Reign of His present Majesty, intituled An Act \_here insert the Title of this Acf]. & &• VrcT. ('. 107. A ITENDI X. 545 5'' & 6° VrcT. Cap. 107. An Act for regulating the Carriage of Passengei's in Passengers. Merchant Vessels. ^ [1 2th Aur/?ist 1842.] WHEREAS it is expedient to make Provision respecting the Carriage of Passengers by Sea in certain Cases, and for that Purpose to repeal, except as herein -after is mentioned, an Act passed in the Session of Parliament held in the Fifth and Sixth Years of His late Majesty King William the Fourth, intituled An Act to repeal an Act of the Ninth Year of His late 5&6W. 4. c. 53. Majesty, for regulating the Carriage of Passengers in Merchant Vessels from the United Kingdom to the British Possessions on the Coiitinent and Islands of Isovth America; and to make fur- ther Provision for regulating the Carriage of Passengers from the United Kingdom ; and also an Act passed in the Session of Parliament held in the Third and Fourth Years of Her present Majesty, intituled ^/^ ^c< to extend to the British Colonies in 3&4Vict. c. 21. the West Indies an Act passed in the Fifth and Sixth Year of His late Majesty King William the Fourth, for regidating the Carriage of Passengers in Merchant Vessels ; and also so much of an Act passed in the Session of Parliament held in the First and Second Years of Her present Majesty, intituled An Act to i &2Vict.c.l l'^. amend the Laivs relating to the Customs, as extends the Pro- '" P^^"** visions of the Act first before mentioned to Foreign Vessels, under certain Circumstances : Be it therefore enacted by the Queen'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 recited Acts and Portion of an Act Recited Acts shall be and the same are hereby repealed, save and except so and Part of far as the first before-mentioned Act repeals an Act passed in ^^^ repealed, the Ninth Year of the Reign of His late Majesty King George except asto the the Fourth, intituled A7i Act to regulate the Carriage of Pas- p q T c" ^i sengers in Merchants Vessels from the United Kingdom to the Continent and Islands of North America, which shall remain and continue repealed : Provided nevertheless, that all Fines, Forfeitures, and Penalties to which any Person or Persons may have become liable under the said Acts or either of them shall and may be sued for, prosecuted, and recovered, and that any Right of Action which may have accrued to any Person or Persons by virtue of the said Acts or either of them shall and may be enforced hereafter in such and the same Manner, in all respects, as if this present Act had not been made. Sect. 2. And be it enacted, That no Ship carrying Passengers Limitation of on any Voyage from any Port or Place in the United Kingdom, Numbers of or in the Islands of Guernsey, Jersey, Alderney, Sarh, ov Man, f'ns'^engers N N 546 Passengers. according to Tonnage and Space. APPENDIX. 5" & 6" Vict. c. 107. licreiii-arter desi<^nat survey i> 1 I II i • ii i ii ■ J. 1 lovisions and Passengers, and shall ascertain that the same are in a sweet Water and good Condition, and shall also ascertain that over and above the same there is on board an ample Supply of Water and Stores for the victualling of the Crew of the Ship and other Persons (if any) on board. Sect. 11. And be it enacted, That such Officers shall sec that The same the other Directions contained in this Act be complied with, so Oncers to far as the same can be complied with, before the Departure of »tteh" generally such Ship from any Port or Place in the United Kingdom or in ^f ^{^^, ^^t the herein-belbre mentioned Islands. Sect. 12. And be it enacted, That if Doubts shall arise Seaworthiness whether any Ship about to proceed with Passengers as aforesaid of t'le Ship may is seaworthy, so as to be fit for her intended Voyage, and ^ ascertained such Doubts shall not be removed to the Satisfaction of the ^ u'vt>. Collector and Comptroller of the Customs at the Port from which such Vessel is to be cleared out, or in case there shall be a Government Emigration Agent at such Port, then to the Satisfaction of such Emigration Agent, it shall be lawful for such Collector and Comptroller, or for such Government Emi- gration Agent, (as the Case may be,) at any Time to cause such Ship to be surveyed by Two competent Persons, and if it shall be reported by those Persons that such Ship is not in their Opinion seaworthy with reference to such Voyage, such Ship shall not be cleared out, unless the Contents of such Report be disproved to the Satisfaction of the Commissioners of the Customs, or of the Colonial Land and Emigration Commis- sioners in those Cases in which the Report shall have been made at the Instance of a Government Emigration Agent, or until such Ship shall have been rendered seaworthy. Sect. 13. And be it enacted, That no Ship shall carry any Sufikient Boats Passengers on any such Voyage as aforesaid unless such Ship to be carried, shall be provided with good sound Boats of suitable Size, and properly supplied with all Requisites for their Use, in the fol- lowing Proportion to the registered Tonnage of such Ship as aforesaid ; (that is to say,) Two Boats, if the Tonnage of such Ship be One hundred and fifty Tons and upwards, but under Two lumdred and fifty Tons : Three Boats, if the Tonnage of such Ship be Two hundred and fifty Tons and upwards : Four Boats, if the Tonnage of such Ship be Five hundred Tons and upwards, and the Number of Passengers exceed Two hundred: N N 3 550 I'asskngkus. APPENDIX. 5" & 6" Vict. c. 107- Nor unless One of such Hoats be a Long Boat of a Size duly proportioned to the Tonnage of the Ship. (1) Copies of tlic Sect. 14. And be it enacted, That Tmo Copies of this Act Act to l>L' kt'iit shall l)e kept on board every Ship carrying Passengers on any oa boaril, am sud. Voyage as aforesaid, and that for tliis Purpose Two Copies demanded ^' ^''^ sanic, provided and issued by the Authority of tlic Com- missioners of tlie Customs, sliall be delivered to the Master, on Demand, by the Collector or Comptroller of the Customs at the Port and Time of Clearance of the Ship ; and one of such Copies shall, upon Request made at seasonable Times to the Master of the Ship, be produced to any Passenger for his Perusal. (2) In every Sliip (except toNorth America) carry- ing 100 Passen- gers, or Fifty Passengers if the Voyage be longer than Twelve Weeks, a Medical Practitioner and Medicines to be carried, and in every other Ship a proper Supply of Medicines. Sect. 15. And be it enacted, That no Ship carrying Passen- gers on any such Voyage as aforesaid to any such Port or Place as aforesaid, except any Port or Place in North America, (3) shall, in case the Number of such Passengers shall amount to or exceed One hundred, or in case the estimated Length of the Voyage, computed as herein-before is mentioned, shall exceed Twelve Weeks, and the Number of such Passengers shall amount to or exceed Fifty, clear out for such Voyage from any Port in the United Kingdom or in the herein-before mentioned Islands, unless there shall be rated upon the Ship's Company, and shall be actually serving on board such Ship, some Person duly authorized by Law to practise in this Kingdom as a Phy- sician or Surgeon or Apothecary, and that no such Ship shall actually put to Sea or proceed on such Voyage unless such Medical Practitioner shall be therein, and shall bond Jide pro- ceed on such Voyage, taking with him a Medicine Chest, and a proper Supply of Medicines, Instruments, and other Things suitable to the intended Voyage ; and no Ship carrying Passen- gers on any Voyage from any Port or Place in the United Kingdom or in the herein-before mentioned Islands, to or for any Port or Place out of Europe, and not being within the Mediterranean Sea, shall clear out for any such Voyage unless and utitil there shall be actually laden and on board such Ship Medicines, and printed or written Directions for the Use of the same, and other Things necessary for the Medical Treatment of tiie Passengers on board during such intended Voyage, and available for that Purpose, nor unless such Medicines and other Things shall be adequate in Amount and Kind to the probable Exigencies of any such Voyage, and, together with such Medi- cines and other Things, shall also be put on board every such (1) For Penalty, see § 27. (2) For Penalty, see § 27. (3) This Exception having been disallowed by the general Terms used in the 18th Section of 7 & 8 Vict. c. 1 12. was re-enacted as to Vessels carrying Passengers from the United Kingdom and the Channel Islands or Man to the East Coast of the Continent of North America by S Vict. c. 14. § 1. 5n) For Penalty, sec § 27. APPENDIX. 5" & 6" Vict. c. 107. Doiuinioiis iVom which such Shi|) shall sail, or at which such Slii]) shall tovich during the Voyage, or at which such Ship siiall arrive at the End of such Voyage, and to Her Majesty's Consul at any Port or Place at which such Ship shall arrive, being in a Foreign Country, every Facility for the Inspection of the Shij), and for Communication witli the Passengers, and for ascertaining that the Act has been duly observed. (1) Sect. 27. And be it enacted, That if in any Ship carrying Passengers on any such Voyage as aforesaid such Lower Deck or Platform of such Thickness as herein-before directed shall not be laid and continued throughovit the whole Duration of any such Voyage in such Manner as is herein-before I'equired (2) ; or if the Pleight between such Lower Deck or Phitform and the Upper Deck shall be less than Six Feet (3) ; or if there shall be more than Two Tiers of Berths ; or if such Berths shall not be securely constructed, or shall not be of the Dimensions herein-before required ; or if there shall not be throughout the whole Duration of any such Voyage sueli an Interval as is herein-before prescribed between the Deck and the Floor of the Berths (4) ; or if any such Ship shall clear out and put to Sea not having on board Tanks or sweet Casks of such Size and Number as aforesaid, and such Water and Provisions as aforesaid, for the Use and Consumption of the said Passengers, of the Kind and to the Amount and in the Proportion herein- before required ; or if such Water and Provisions shall not be issued in manner herein-before required (5) ; or if such Ship shall not be provided with good Boats according to the Rates aforesaid (6) ; or if Copies of this Act shall not have been kept on board and produced on Demand as herein-before required (7) ; or if there shall not be on board any such Vessel such Medical Practitioner as aforesaid, or such Medicines and other Things necessary to the Medical Treatment of the Pas- sengers as is herein-before required (8) ; or if any such Ship shall be cleared out before such List of Passengers as herein- before mentioned shall have been delivered in manner and form aforesaid to such Officer as aforesaid (9) ; or if the Additions to such List and such additional separate List or Lists as afore- said be not made in the Cases aforesaid, and delivered in the Cases in which they are herein-before required to be deli- vered (10) ; or if any such List, or the Additions to the same, shall be wilfully false (11); or if any such List, including the Additions, if any, to the same, shall not be exhibited to or deposited with the proper Officer at any Port or Place at which (1) For Pciialtv, sec § '21. (2) See § 3. (:5) Sec § 4. ' ('}) See § 5. (5) See § 6. (fi) See § 13. (7) See § 14. (8) See § 15. (!)) See I 17. (10) See § 18. (11) See §§ 17, IS. 5" & 6" Vict. c. 107. APPENDIX. 557 Passenc.ers. it, is lierein-before required to ho exliibitetl or deposited ( 1 ) ; ur it' any Passeiiiier shall, witlionl his previous Consent, be put on sliore at any Place other than the Phice at which the Master had contracted to land such Passenger (2) ; or if any Passenger shall not be allowed to continue on board sncii Ship in manner herein-before provided (;}) ; or if every such Facility for In- spection shall not be afforded as is herein-before required (1), the Master of any such Ship shall for and in respect of each and every such Otfence be liable, on such summary Conviction as herein-after mentioned, to the Payment of a Fine not exceed- ing Fifty Pounds Sterling Brifish Money. Sect. 28. Provided nevertheless, and be it enacted, That The Right of nothing herein contained shall take away or abridge any Right Action of Pas. of Suit or Action which may accrue to any Passenger in any ^'""ge'-s not to such Ship, or to any other Person in respect of the Breach or o|; *f/^"„'^j ''^ Nonperformance of any Contract made or entered into between '^ or on behalf of any such Passenger or other Person and the Master, Owner or Owners, of any such Ship. Sect. 29. And be it enacted. That all Penalties imposed by Recovery of this Act for any Offence against the same may be sued for and l^fia't't"- recovered to the Use of Her Majesty as herein-after is men- tioned ; (that is to say,) in the United Kingdom by any Government Emigration Agent, or any Collector or Comp- troller of Her Majesty's Customs, or by any other Officer of Her Majesty's Customs authorized in Writing by the Com- missioners of Her Majesty's Customs to sue for Penalties vmder this Act; and in any of Her Majesty's Possessions abroad, by any such Government Agent, Collector, or Comptroller, or other Officer so authorized as aforesaid, and also by any Officer authorized to sue for Penalties under this Act, by Writing under the Hand and Seal of the Governor or Officer adminis- tering the Government of any such Possession ; which respec- tive Authorities the Commissioners of Her Majesty's Customs and such Governors or other Officers are hereby empowered to grant ; and all Sums of Money made recoverable by this Act as Return of Passage Money, Subsistence Money, or Compen- sation, may be sued for and recovered, as herein-after is mentioned, by or to the Use of any Passenger entitled thereto under this Act, or by any of such Officers as aforesaid, on behalf and to the Use of any such Passenger, or on behalf and to the respective Use of any Number of such Passengers, and either by One or several Complaints ; and all such Penalties and Sums of Money may be sued for and recovered before any Two or more Justices of the Peace acting in any Part of Her Majesty's Dominions in which the Offence shall have been (1) See § 17. (:3) See § 25. (2) Sec § 24. (4) See § 2C. 558 APPENDIX. 5 •& 6" Vict. c. 107. Passfncfrs. committed or the Cause of Complaint shall have arisen, or in wliich the OfFemler or Party complained against shall happen to be; and upon Complaint hein^ made before any One Justice of the Peace as aforesaid he shall issue a Summons requiring the Party offending or complained against to appear on a Day and at an Hour and Place to be named in such Summons ; and every such Summons shall be served on tiie Party offending or complained against, or shall be left at his last House, Place of Residence or of Business, or on board any Sliip to which he may belong ; and either upon the Appearance or Default to appear by the Party offending or complained against it shall be lawful for any Two or more Justices to proceed summarily upon the Case, and either with or without any written Infor- mation ; and upon Proof of the Offence or of the Complainant's Claim (as the Case may be), either by Confession of the Party offending or complained against, or upon the Oath of One or more credible Witness or Witnesses (which Oath such Justices are hereby authorized to administer), it shall be lawful for such Justices to convict the Offender or adjudicate the Com- plaint, and upon such Conviction or Adjudication to order the Offender or Party complained against to pay such Penalty, within the Limits herein-before expressed, as the Justices may declare to have been incurred, or (as the Case may be) to pay to the Party suing for the same the Sum of Money sued lor, or so much thereof as such Justices shall think the Complainant justly entitled to, and also to pay the Costs attending the Information or Complaint, Summons, Conviction, or Adjudica- tion ; and if forthwith upon any such Order the Monies thereby ordered to be paid be not paid, the same may be levied, together with the Costs of the Distress and Sale, by Distress and Sale of the Goods and Chattels of the Party ordered to pay such Monies, the Surplus, if any, to be returned to him, upon demand ; and anv such Justices may issue their Warrant accordingly, and may also order such Party to be detained and kept in safe Custody until Return can conveniently be made to such Warrant of Distress, unless such Party give sufficient Security, to the Satisfaction of such Justices, for his Appearance before them on the Day appointed for such Return, such Day or Days not being more than Eight Days from the Time of taking such Security ; but if it shall appear to such Justices, by the Admission of such Party or otherwise, that no sufficient Distress can be had whereon to levy the Monies so adjudged to be paid, they may, if they think fit, refrain from issuing such Warrant of Distress; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such In- sufficiency as aforesaid shall be made to appear to the Justices, or any Two or more such Justices, as aforesaid, then such Justices shall by Warrant cause the Party ordered to pay such Monies and Costs as aforesaid to be committed to Gaol, there to remain without Bail for any Term not exceeding Three 8 5' & 6- Vict. c. 107- APPENDIX. 559 Months, unless such Monies and Costs ordered to be paid, and Passenoers. such Costs of Distress and Sale as aforesaid, b(? sooner ])aid and satisfied. Sect. 30. And be it enacted, Tiiat if in any Proceeding before Viva voce Evi- any Justice or Justices under this Act, or upon any Action, '^encc may be Suit, or other Proceediuijr whatsoever against anv Person or S>^'t'" o a ^ ~ ,»' 1 arty bein*' a Persons for any thing done either contrary to or in pursuance Government of this Act, a Question shouhl arise whetlier any Person is a Agent or Government Emigration Agent, or an Officer of the Customs, Officer, viva voce Evidence may be given of such Fact, and shall be deemed legal and sufficient Evidence. Sect. 31. And be it enacted, That any Passenger suing, as Passengers herein-before is mentioned, for any Sum of Money made reco- suhig not verable by this Act as Return of Passage Money, Subsistence '"^'ompetent Money, or Compensation, shall not be deemed an incompetent Witness in any Proceeding for the Recovery thereof, notwith- standing the same, if recovered, shall be applicable to his own Use and Benefit. Sect. 32. And be it enacted, That where any Distress shall Distress not to be made for any Penalty, Monies, or Costs to be levied by be unlawful for virtue of this Act, the Distress itself shall not be deemed un- Informality, lawful, nor the Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Information, Summons, Conviction, Warrant of Distress, or other Proceed- ings relating thereto, nor shall the Party distraining be deemed a Trespasser ab initio on account of any Irregularity which shall be afterwards committed by the Party so distraining, but the Person aggrieved by such Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case. Sect. 33. And be it enacted, That no Plaintiff shall recover Tender of in any Action against any Person for any thing done in pur- Amends, suance of this Act if Tender of sufficient Amends shall have been made before such Action brought, or if, after Action brought, a sufficient Sum of Money shall have been paid into Court, with Costs, by or on behalf of the Defendant. Sect. Si: And be it enacted. That no Action or Suit shall be Notice of commenced against any Person for any thing done in pui-- Action to be suance of or under the Authority of this Act until Twenty- g'^en. one Days Notice has been given thereof in Writing to the Party or Person against whom such Action or Suit is intended to be brought, nor after Three Calendar Months next after the Limitation of Act committed for which sucii Action or Suit shall be so Actions, brought ; and every such Action shall be brought, laid, and tried where the Cause of Action shall iiave arisen, and not in 560 APPENDIX. 5" c^' G" Vict. o. loT. Passknofrs. any other Place; ami Die Defendant in sneli Action or Snit may plead the (iieneral Issue, and give this Act and any special Matter in Evidence at any Trial which shall be Iiad thereupon ; and if the Matter or Thing shall appear to have been done under or by virtue of this Act, or if it shall appear tliat such Action or Suit was brought before Twenty-one Days Notice thereof given as aforesaid, or if any Action or Snit shall not be commenced within the Time herein-beforc limited, or shall be brought or laid in any other Place than as aforesaid, then Defendant may the Jury shall find a Verdict for the Defendant therein ; and if plead theCeiio- ^ Verdict shall be found for such Defendant, or if tlie Plaintiff ral Issue, I'ie. j^^ such Action or Suit shall become nonsuited, or suffer a Dis- continuance of such Action, or if upon any Demurrer in such Action Judgment shall be given for the Defendant thereon, then and in any of the Cases aforesaid such Defendant shall Costs. and may recover Treble Costs, and shall have such Remedy for recovering the same as any Defendant may have for his Costs in any other Case by Law. Owners or Charterers and Masters of Ves- sels to enter into Bond (without Stamps) for the due Perform- ance of the Re- gulations pre- scribed by this Act. Limitation of Prosecutions. Sect. 35. And for the more effectually securing the Observ- ance of the aforesaid Rules, and the Payment of the Penalties, be it enacted, That before any Ship carrying Passengers, if the Number of such Passengers shall exceed Fifty, shall clear out for any such Voyage as aforesaid from any Port or Place in the United Kingdom or in the herein -before mentioned Islands, the OMner or Charterer, or, in the event of the Ab- sence of such Owner or Charterer, One good and sufficient Person on his Behalf, to be approved by the Collector or chief Officer of Customs at such Port, and the Master of the said Ship, shall enter into a joint and several Bond to Her Majestjs Her Heirs and Successors, in the Sum of One thousand Pounds, the Condition of which Bond shall be that the said Ship is seaworthy, and that all and every the Rules and Regulations made and prescribed by this Act for the Carriage of Pas- sengers shall be well and truly performed before and during such intended Voyage, and that all Penalties, Fines, and For- feitures which the Master of such Ship may be sentenced or adjudged to pay for or in respect of the Breach or Nonper- formance, before or during such Voyage, of any such Rules and Regulations, shall be well and truly paid : Provided al- ways, that such Bond shall be without Stamps ; and that no such Bond shall be put in Suit, and that no Prosecution, Suit, Action, Information, or Complaint shall be brought under or by virtue of this Act, or upon or by reason of the Breach of any of the Provisions thereof, in any of Her Majesty's Posses- sions abroad, after the Expiration of Twelve Calendar Months next succeeding the Commencement of any such Voyage as aforesaid, nor in the United Kingdom, or any of the Islands before mentioned, after the Expiration of Twelve Calendar Months next after the Return of the said Ship or of the said 7 5" & 6" Vict. c. 107. APPENDIX. 561 Master to the United Kingdom or the horein-before montioned Passengers. Islands. Sect. 36. And be it enacted, That nothing in this Act con- Exception of tained shall extend or be construed to extend to Ships carry- particularKinds ing Passengers on such Voyage as aforesaid if the Number of *^^ Ships, such Passengers shall not amount to or exceed Thirty, nor shall any thing in this Act contained extend to any of Her Majesty's Ships of War, or to any Ship in the Service of the Commis- sioners for executing the Office of Lord High Admiral of the United Kingdom, or to Ships of War or Transports in the Service of the East India Companj'. Sect. 37. And whereas it is expedient to provide in certain Extension of Cases for the Regulation of Voyages from the Colonies; be it Act to West therefore enacted, That this Act shall, except as herein-after is Indies, West- excepted, extend and apply to the Carriage of Passengers by Sea t'j",^*^^''^^' from any of the British West Indies, in which Term are included ]\]auvitius the British West India Islands, the Bahamas, and British Guiana, and from Malta, and from the British Possessions in Africa, and from the Mauritius, to any other Place whatsoever. Sect. 38. And be it enacted, That it shall be lawful for the Power to Governor or Officer administering the Government of any Governors of British Colony not enumerated in the Enactment lastly herein- o'^her Colonies before contained to declare by Proclamation, to be issued for *? ^dopt t le that Purpose, that this Act, except as herein-after is excepted, shall be extended and shall apply to the Carriage of Passengers by Sea from such Colony to such Places as may by him be named for the Purpose in such Proclamation, and thereupon this Act shall be thenceforth so extended and shall so apply accordingly. declare com- puted Length of Voyage. Sect. 39. And be it enacted, That it shall be lawful for the Governors em Governor or Officer administering the Government of any of powered to the British Colonies to which this Act, as respects the Car- riage of Passengers by Sea therefrom, has been hereby extended, or shall have been extended by Proclamation as herein before is mentioned (1), by any Proclamation or Proclamations to be by him from Time to Time issued for that Purpose, to declare the Rule of Computation by which the Length of the Voyage of any Ship carrying Passengers from such Colony to any other Place shall be estimated for the Purposes of this Act : Provided Proviso nevertheless, that this Act shall not, except as respects the West Indies, and except as herein-after is mentioned, extend or apply to any such Voyage, if the Length thereof so computed shall not be Three Weeks or upwards. (1) See § 38. o o 562 Passekgf.rs. The Governor, &c. may issue Proclamation ■substituting otlier Articles of Food, &c. if equivalent. Such Procla- mation to be transmitted for Her Majesty's Confirmation or Disallowance. APPENDIX. 5"& G'^VrcT. c. 107. Attested Copy of such Pro- clamation to be received as Evi- dence in the Colony in which it may be pro- duced. Sect. 40. And be it enactod, That it shall be lawful lor the Governor or Officer administering the Government of any of the British Colonies to which tliis Act has, as respects the Carriage of Passengers by Sea therefrom, been hereby extended, or shall have been so extended by Proclamation as herein-before is mentioned, by any Proclamation or Proclamations to be by him from Time to Time issued for that Purpose, to substitute for the Articles of Food and Provisions specified in this Act(l) such other Articles of Food and Provisions as shall be a full Equivalent for the same. Sect. 41. Provided always, and be it enacted, That every such Proclamation as aforesaid, or as herein-after is mentioned, shall be transmitted by the Governor or Officer by M'hom the same may have been issued to Her Majesty, through One of Her Majesty's Principal Secretaries of State, for Her Majesty's Con- firmation or Disallowance; and in case the same shall be disallowed by any Order to be made by Her Majesty for that Purpose, with the Advice of Her Privy Council, then from and after the Promulgation of any such Order in Council within any such Colony any such Proclamation shall cease to be of any Force or Authority, but until so disallowed the same shall be duly observed and obeyed : Provided also, that on the Produc- tion at any One of the Colonies aforesaid of an attested Copy of any such Proclamation as aforesaid, or as herein-after is mentioned, under the Hand of the Governor or the Officer administering the Government of the Colony wherein the same may have been issued, and under the public Seal of such Colony, such attested Copy shall, in the Colony wherein the same shall be so produced, be received as good and sufficient Evidence of the issuing and of the Contents of any such Proclamation. Powers for Sect. 42. And be it enacted. That all the Powers and Autho- determining the rities (2) which are herein-before vested in the Collector and Seaworthiness Comptroller of the Customs, for determining the Seaworthiness of any Ship carrying Passengers from any Port in the United Kingdom, shall, in respect of any Ship carrying Passengers from any Port in any of the Colonies aforesaid, be and the same are hereby vested in the respective Governors or Officers administering the Government of the said Colonies respectively. of any Ship vested in Go vernors, &c. No Bond re- quired for Voyages from the Colonies. Sect. 43. Provided always, and be it enacted, That as respects Voyages from the Colonies it shall not be necessary for the Master, Owner, or Charterer of any Ship carrying Passengers on any such Voyage to enter into any such Bond as is herein- before required to be entered into by the Master and Owner or (1) See § 6. (2) See § 12. 5" & 6-^ Vict. c. 107. APPENDIX. Charterer of any Ship carrying Passengers on any such Voyage as herein-before is mentioned. .563 Passenokr«, Sect. 44. ProvicK^d also, and be it enacted, Tliat the Pro- visions of this Act shall not extend or apply to Voyages from the Colonies, so far as relates to the following Subjects ; (namely,) The keeping Copies of the Act on board : The Use of the Form of Receipt herein-before required to be given for Passage Money : The licensing of Passage Brokers : The Return of Passage Money and Compensation, in case the Party cannot be forwarded by the appointed Ship, or by some other eligible Vessel, and victualling or the Pay- ment of Subsistence Money in case of Detention. Sect. 45. Provided always, and be it enacted. That, except as herein-before is excepted with respect to Voyages from the Colonies, the Provisions and Regulations of this Act siiall extend and apply to Voyages from the West Indies of less Duration, so computed as aforesaid, than Three Weeks, but being of not less Duration, so computed as aforesaid, than Three Days, save and except so far as relates to the following Subjects; (namely,) The Construction or Thickness of the lower Deck or Platform : The Berths : The Height between Decks : The Surgeon and Medicine Chest: The Maintenance of Passengers for Forty-eight Flours after Arrival : Provided also, that as respects such Voyages from the West Indies of less computed Duration than Three Weeks, the Owner or Charterer of a Ship may, if he think fit, contract with the Passengers engaging Passages therein, that they shall respectively provide themselves with necessary Food (not including Water) for tin? Voyage ; and in such Case the Re- gulations of this Act respecting the Issue of Provisions by the Master shall not be applicable to such Passengers on such Voyage. Sect. 46. Provided also, and be it enacted, That it shall be lawful for the Governor or Officer administering the Govern- ment of any British Colony (other than the West Indies) to which this Act, as respects the Carriage of Passengers by Sea therefrom, has been hereby extended, or shall hereafter be extended by Proclamation as herein-before is mentioned, by the same, or by any subseqiuMit Proclamation to be by him issued for that Purpose, to declare that the Enactment herein- before contained respecting Voyages from the West Indies of shorter Duration than Three Weeks shall extend and apply to o o 2 Evception of certain Pro- visions of this Act in the Case of Voyages from tlie Colonies, Extension of the Act, with fm-ther Excep- tions, to Voy- ages shorter than Three AVeeks in the West Indies. Power to Governors of other Colonies to adopt the same Extension of the Act to Voyages shorter than Three Weeks. 364- Passf-noers. APPENDIX. 5" k 6" Vict. c. 107. This Act not to prevent the Enactment by Colonial Assem- blies, or by Her Majesty in Council, of Laws necessary for establishing the Rules and Regulations required by said recited Act and this Act. Voyages from the Colony in respect of which such Proclamation shall be issued, such Voyage being of loss Duration, so com- puted as aforesaid, than Three Weeks, but not of less Dura- tion, so computed as aforesaid, than Three Days; and there- upon such Enactment shall extend and apply to such ^''oyage accordingly. Sect. 47- And be it enacted, That nothing in this Act con- tained extends or shall be construed to extend to prevent the Enactment by the respective Governors, Councils, and Assem- blies, or other local Legislatures in the Sritish West Indies and South America, and in the Bahama Islands, and in Ber- muda, or by Her Majesty, with the Advice of Her Privy Council, of any such Acts of General Assembly, or Ordinances, or Orders in Council, as may be requisite for making and establishing such several Rules and Regulations as are required by this Act, or any of them, or for carrying the same into full and complete Effect : Provided nevertheless, that it shall not be lawful for any such Governor, Council, and Assembly, or for any such local Legislature, or for Her Majesty in Council, by any such Acts of Assembly, Ordinances, or Orders in Council as aforesaid, to make or establish any Enactment, Provision, Rule, or Order which shall be in anywise repugnant or contradictory to this Act or any Part thereof, but that every such Enactment, Regulation, Provision, Rule, or Order shall be and is hereby declared to be absolutely null and void and of no Effect. Power to the GovernorGene- ral of India in Council to adopt this Act, with certain Exceptions, in India. Sect. 48. Provided always, and be it enacted, That nothing herein-before contained shall be construed to apply to any of the Territories or Places under the Government of the JEast India Company, or to any of the Governors appointed by the said Company ; nor shall any thing herein-before contained affect or be construed to affect the Powers now vested in the Governor General of India in Council to make Laws and Regulations whereby the Provisions of this Act, or such of them as to the said Governor General of India in Council shall seem expedient, shall or may be extended to the Territories and Places under the Government of the said Company, or for or in respect of which the said Governor General in Council has now by Law a Power of Legislation ; but it is hereby enacted, that it shall be lawful for the Governor General of India in Council, from Time to Time, by any Act or Acts to be passed for that Purpose, to declare that this Act, with such Exceptions as ax'e hereinbefore mentioned, shall extend and apply to the Carriage of Passengers upon any Voyage from any Ports or Places within the Territories of the East India Company, to be speci- fied or described in such Act or Acts, to any other Places whatsoever, to be also specified or described in such Act or Acts, and also in like Manner to authorize the Substitution, as 5 5o&6°VicT. c. 107. APPENDIX. 565 respects such Voyages, of other equivalent Articles of Food and Provisions for those herein-before enumerated, and to declare the Rule of Computation by which the Length of any such Voyage shall be estimated, and to confer the Powers herein-before conferred upon Government Emigration Agents, and Collectors and Comptrollers of the Customs, with respect to ascertaining and deciding on the Seaworthiness of a Ship, upon such Officers of the East India Company as the said Governor General in Council may think proper ; and from and after the passing of such Act or Acts, and whilst the same shall remain in force, this Act shall, with such Exceptions as are herein-before made as respects Voyages from the Colonies, apply to and extend to the Carriage of Passengers upon such Voyages as in the said Act or Acts shall be specified ; which Acts shall nevertheless be subject to Disallowance and Repeal, and shall in the same Manner be transmitted to England, and be laid before both Houses of Parliament, as in the Case of any other Laws or Regulations which the said Governor General in Council is now by Law empowered to make. Passengers. Sect. 4-9. And be it enacted, That it shall be lawful for the ^^ode of pro- Governor General of India in Council, from Time to Time, by ^^^^^"8 """ any Act or Acts to be passed for that Purpose, to declare in Penalties in what Manner, and before vvhat Authorities, and by what Form India to be of Proceedings, the Penalties imposed and the Sums of Money regulated by the made recoverable by this Act shall be sued for and recovered Governor in within any Places or Territories under the Government of the Council. East India Company, and to what Uses such Penalties shall be applied. Sect. 50. And be it enacted, That the Provisions, Regulations, Act to extend to Penalties, and Forfeitures set forth in this Act shall extend and be Foreign Vessels. deemed to extend to Foreign Vessels carrying Passengers upon any Voyage from any Port or Place in the United Kingdom, or in the herein-before mentioned Islands, to or for any Port or Place out of Europe, and not being within the Mediterranean Sea, or upon any other Voyage to which the Provisions of this Act shall for the Time being extend. Sect. 51. And be it enacted. That wherever the Term •' Pas- Act not to sage" or "Passenger" is used in this Act, it shall be held not extend to Cabin to include or extend to the Class of Passages or Passengers ^ssengers. commonly known and understood by the Name of Cabin Pas- sages and Cabin Passengers. Sect. 52. And be it enacted, That in the Construction of this Interpretation Act, unless there be something in the Subject or Context repug- ^'^ ^*^'- nant to such Construction, every Word importing the Singular o o 3 APPENDIX. .")" k 6" Vict. c. 107. Nunihor or the; Masculine (Jeiidcr only shall be understood to include and shall bo applied to several Persons, Matters, or Things, as well as One Person, Matter, or Thing, and Females as well as Males respectively. Sect. 53. And be it enacted, That in all Proceedings it shall be sufficient to cite this Act by the Title of " The Passengers Act." Sect. 54'. And be it enacted. That this Act shall commence on the First Day of October One thousand eight hundred and forty- two, and not sooner. SCHEDULES referred to by the foregoing Act. SCHEDULE (A.) Referred to in the 17th Section of the Passengers Act. Ship's Name. Master's Name. Tons per Register, Aggregate Number of superficial Feet in the several Compartments set apart for Steerage and Intermediate Passengers, Total Number of Statute Adults the Ship can legally carry. Where bound. I hereby certify. That the Provisions actually laden on board this Ship, according to the Section of the Passengers Act, are sufficient for Passengers, computed according to the Act. (Signed) 1 > Master. Date 5" & 6" Vict. c. 107. APPENDIX. Nominal List of Passengers.* 567 Passengers. Ports of Embark- ation. Name of Passengers. M. F. Total. Total Num-I ber of Souls I equaltoSta- f tute AdultsJ Adults. Children un- der 1 4 Years. M. F. Total. Profession, Occupation, or Calling of Passenger. Port at which Pas- sengers have contracted to be landed. * We hereby certify the above is a correct List of all the Passengers who embarked at the Port of_ (Signed). ( Countersigned). Master. Officer of Customs. N.B. Lines should be ruled in the same Form, for any Additions to the List after the Ship first clears out ; and similar Certificates be subjoined to such Additions, according to the Requirements of the Act, O O 4 568 PASSENCERb. APPENDIX. 5" & 6" Vict. c. 107. SCHEDULE (B.) referred to in the 19th Section of this Act. Passengers Contract Ticket. N.B. — j^nff one recckinp Money from or in respect of any Passenger uhout having the United Kingdom for any Place in North America, without using this Form, and correctly ^filling up the Blanks therein, and signing it with his Name in full, will be liable to a Penalty not exceeding £]0 for each such Passenger, Ship_ of_ to sail from_ Day of_ Names. * Fill up these Blanks by stating, in each Case, whe- ther the Articles are to be supplied by the Ship or by the PasBcnger, Ages. Equal to Statute Adults. • for ^Tons llegister Burden, on the 1! I engage that the Parties herein named shall be provided with a Steerage Passage to in the Ship with not less than Ten Cubic Feet for I^uggage for each Statute Adult, for the Sum of £ including Head Money, if any, at the Place of landing, and every other Charge ; and I hereby acknowledge to have received the Sum of £ full part Payment. Water and Provisions according to the annexed Scale will be supplied by the Ship, as required by Law, and also Fires and suitable Hearths for cooking. Utensils for eating and drinking will be pravided by ..* Bedding will be provided by .* rN.B— If signed ,' by a Broker or i Agent, state on L whose Behalf. Signature. Date [At End of this Contract insert the Victualling Scale, which rnust in no Case be less than required under the Provisions of the Passengers Act.'\ Deposit £ Balance £_ Total £ to be paid at 5-^ & 6" Vict. c. 107. APPENDIX. SCHEDULE (C.) referred to in the 20th Section of this Act. 569 Passengers. Form of Passenger Broker's Licence. A-B."" of in the The Names in full, with the Ad- having shown to the Satisfaction of us, the undersigned Justices ditiom and Address of the Peace in Quarter Petty" Sessions assembled, That he hath duly given Notice to Her Majesty's Colonial Land and Emigration Commissioners of his Intention to make Application for a Licence to carry on the Business of a Passage Broker or Passage Dealer in respect of Passages to North America : We, the undersigned Justices so assembled as aforesaid, and having had no sufficient Cause shown to us why the said A.S. should not receive such Licence, do hereby license and authorize the said A.S. to carry on the Business of a Passenger Broker or Passage Dealer as aforesaid, until the 31st Day of December in the Year following the present Year, unless this Licence shall be sooner determined by Forfeiture for Misconduct on the Part of the said A.B., as in the Passengers Act is provided. Given under our respective Hands and Seals, this Day of 18 at (L.S.) Justice of the Peace. (L.S.) Justice of the Peace. of the Party apply- ing for the Licence, must be correctly inserted. SCHEDULE (D.) referred to in the 20th Section of this Act. Form of Notice to be given by Passage Broker to Her Majesty's Colonial Land and Emigration Commissioners. Gentlemen, I A.B. of in do hereby give you Notice, That it is my Intention to apply, after the Expiration of Twenty-one clear Days from the putting of this Notice into the Post, to the Justices to be assembled in the Quarter ~Petty" a Licence to carry on the Business of a Passenger Broker or Passage Dealer in respect of Passages to North America. Signature Date Sessions to be held for for To Her Majesty's Colonial Laud and i Emigration Commissioners. J N.B.— The Names in full, with the Additions and Address of the Party, must be j here correctly inserted. N.B.— Name the Place or District in which the Parly giving the Notice resides. 570 APPENDIX. 5" 8f 6" Vict. c.107. Passengers. jy(jj|££)ULE (E.) ict'cncd to ill tilt! 21st SeCtiOH of tlus Act. Form of Notice to bo given to Her Majesty's Colonial Land and Emigration Commissioners of Forfeiture of Passage Broker's Licence. Gentlemen, This is to give you Notice, That the Licence granted on The Names in full, the Day of 18 , tO ^.^. with the Additions „ . '' i j. T> and Address of the of in to act as a Passage Sed? ^^ ''"*" Broker or Passage Dealer was on the Day of now last past duly declared by us, the under- signed Justices of the Peace in Petty Sessions assembled, to be forfeited. Here state the Reason of For- ) feiturc. Signatures Date To Her Majesty's Colonial Land and Emigration Commissioners, London. } 8" Vict. c. 14. APPENDIX. 571 I'assengeus. 8^ Vict. Cap. 14. An Act to exempt Ships carrying Passengers to North America from the Obligation of having on board a Phy- sician, Surgeon, or Apothecary. [8th May 1845.] WHEREAS by an Act passed in the Sixth Year of the Reign of Her Majesty, intituled An Act for regulating the Carriage cf Passengers in Merchant Vessels, Ships carrying Passengers to North America were exempted from the Obligation of having on board a Physician, Surgeon, or Apothecary, as required by the said Act in other Cases therein specified : And whereas by an Act passed in the last Session of Parliament, intituled An Act to amend and consolidate the Laws relating to Merchant Seamen, and for keeping a Register of Seamen, it is, among other things enacted (1), that every Ship having One hundred Persons or upwards on board, and every Ship, the Voyage of which shall be deemed, under the Provisions of the first-recited Act, to exceed Twelve Weeks, having Fifty Persons or upwards on board, shall have on board, as one of her Complement, some Person duly authorized by Law to practise in this Kingdom as a Physician, Surgeon, or Apothecary, whereby the Exemp- tion granted by the fii'st-recited Act to Ships carrying Passen- gers to the Continent of North America has been taken away in all Cases where the total Number of Persons on board any such Ship shall amount to One hundred and upwards ; and it is expedient that such Exemption be preserved : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Autho- rity of the same, That so much of the last-recited Act as enacts that Ships, as defined in the last-recited Act, carrying Passen- gers, according to the Provisions of the first-recited Act, from any Port or Place in the United Kingdom, or in the Islands of Guernsey, Jersey, Alderney, Sark, or Man, to the East Coast of the Continent of North America, shall have on board a Physician, Surgeon, or Apothecary as often as the total Num- ber of Persons on board any such Ship shall amount to One hundred and upwards, shall be repealed. 5&6 Vict.c.107. 7&8Vict,c.ll2. So much of 7&8Vict.c.llL;. as requires Ships carrying Passengers to the East Coast of North Ame- rica to have Surgeons, &c. on board when the Number of Persons amount to lOO repealed. Sect. 2. And be it enacted. That any Person against whom Proceedings for any Proceeding or Proceedings shall have been commenced, Recovery of on or before the Day of the passing of this Act, for the Re- ^^''^n^lt'^j shall covery of any pecuniary Penalty incurred or supposed to have ^^^y^^' been incurred, under the Provisions of the last-recited Act, for any Breach or Non-observance of so much of the last- (1) Sec § 18, of that Act, Appendix. 572 Fassenoxrs. APPENDIX. 8" ViCT. c. It. recited Act as is herein repealed, may apply to the Court in which, or to any Justice or Justices of the Peace before Avhom, any such Proceeding or Proceedings shall have been commenced, for an Order that such Proceedings shall be dis- continued but upon Payment of the Costs thereof incurred to the Time of such Application being made, in case such Pro- ceeding shall have been conimeneed before the Seventeentli Day of April in this Year, such Costs to be taxed according to the Practice of the Court, or at the Discretion of the Jus- tice or Justices before whom such Proceeding shall have been had ; and every such Court or Justice or Justices, upon such Application and Proof that sufficient Notice of the Applica- tion has been given to the Plaintiff or Informer, or to his Attorney, and upon being satisfied, by Affidavit or otherwise, that such Proceedings have been commenced for the Recovery of such pecuniary Penalty as aforesaid, shall make such Order as aforesaid ; and upon the making such Order as aforesaid, and on Payment or Tender of such Costs as aforesaid, where Costs are herein-before made payable, all further Proceedings for the Recovery of any such pecuniary Penalty shall be forthwith discontinued. Act may be Sect. 3. And be it enacted. That this Act may be amended or amended, &c. repealed by any Act to be passed in this Session of Parliament. i>^ Geo. 4. c. 88. APPENDIX. S73 No Captain of any Vessel under 200 Tons shall take more than 20 Pas- sengers unless licensed by Collector of Customs at the Port. Passengers to Ireland. 4° Geo. 4. Cap. 88. An Act for regulating Vessels carrying Passengers be- tween Great Britain and Ireland. [18th July 1823.] WHEREAS it is expedient that such Regulations should be made respecting Vessels carrying Passengers between Great Britain and Ireland as may tend to the Security and Conveni- ence of such Passengers ; be it therefore 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 from and after the First Day of September One thousand eight hundred and twenty-three, it shall not be lawful for the Master or Commander or Person having the Charge or Command of any Vessel employed in the Conveyance of Pas- sengers between Great Britain and Ireland, being of any Burthen less than Two hundred Tons(l), to have or take on board, or to carry or convey any greater Number of Persons than Twenty as Passengers from any Port in Great Britain to any Port in Ireland, or from any Port in Ireland to any Port in Great Britain, unless a Licence for the Conveyance of Passengers shall have been previously granted to the Owner or Owners, or Master or Commander of such Ship or Vessel, under the Hand of the Collector, Comptroller, or other Chief Officer of the Customs, at the Port from which such Vessel shall sail from Great Britain to Ireland, and from Ireland to Great Britain respectively ; and it shall be lawful for every such Collector, Comptroller, or other Chief Officer of the Customs, to grant and sign such Licence without Fee or Reward, in such Form and under such Regulations as shall be directed by the ' Commissioners of Customs : Provided always, that no such Licence shall be granted by such Collector, Comptroller, or other Chief Officer, except upon such Certificate as shall be required by the Commissioners of the Customs, that such Vessel is Sea-worthy and properly found in all respects ; and every such Licence shall remain in force for the Space of One Year from the Date thereof, and no longer. Sect. 2. And be it furtiier enacted, That it shall not be lawful Proportion of for any Master or other Person having or taking the Charge or Passengers, Command of any Ship or Vessel so licensed for the Conveyance ^'^^ adult Per- of Passengers, which shall clear out from any Port or Place in rhH*"^ d the United Kingdom of Great Britain and Ireland, from and 14 q, 15 under (1) Steam Vessels of 140 Tons are deemed equivalent to other Vessels measuring 200 Tons. See 4 & 5 W. 4. c. 89. § 28,, Appendix, Head, Passengers. 574 Passengers to Ireland. Seven Years) to Four Tons, including the Crew. Tonnage according to Certificate of Registry. If Ship partly laden with Goods, &c. the Tonnage for Passengers to be exclusive of the Part laden. APPENDIX. 4» Geo. 4. c 88. after the First Day of September One thousand eight hundred and twenty-three, to have on board at or after being cleared out at any one Time, or to convey, carry, or transj)ort from any Port or Place in Great Britain or Ireland respectively, in any such Ship or Vessel, a greater Number of Persons (exclusive of the ordinary Crew of such Ship or Vessel) than in the Propor- tion of Five adult Persons, or of Ten Children under Fourteen Years of Age, or of Fifteen Children under Seven Years of Age, for every Four Tons of the Burthen of such Ship or Vessel ; and every such Ship or Vessel shall be deemed and taken to be of such Tonnage or Burtiien as is or may be described and set forth in the respective Certificate of the Registry of each and every such Ship or Vessel, granted in pursuance of the several Acts in force in Great Britain and Ireland respectivelj% relating to such Certificates ; and if any such Ship or Vessel shall be partly laden with Goods, Wares, or Merchandize, or Horses or Carriages, then it shall not be lawful for the Master or other Person having the Charge or Command of such Ship or Vessel, to receive or take on board a greater Number of Persons (exclusive of the ordinary Crew) than in the Proportion of Five adult Persons, or of Ten Child- ren under Fourteen Years of Age, or of Fifteen Children under Seven Years of Age, for every Four Tons of that Part of such Ship or Vessel which shall remain unladen ; and such Goods, Wares, or Merchandize w ith which such Shiji or Vessel may be partly laden shall, at the Sight and under the Direction of the Collector or Comptroller or other Officer of the Customs, at the Port or Place where such Goods, Wares, or Merchandize shall be taken on board, be stowed and disposed of in such a Manner as to leave good, sufficient, and wholesome Accommodation for the Proportion of Persons hereby allowed in such Case to be received on board. Penalty on Master or Owners taking Passengers without Li- cence, 50/. On taking more Passengers than allowed, 51. for each Person. Sect. 3. And be it further enacted. That if any Master or any Person having the Charge or Command of any such Ship or Vessel shall take on board any Passenger or Passengers, or if the Owner or Owners of any such Ship or Vessel shall engage to take on board any Passenger or Passengers beyond the Number of Twenty as aforesaid, without such Licence being previously obtained by such Master, Owner, or other Person as by this Act is required, every such Master or other Person, or Owner or Owners, shall for every Offence forfeit the Sum of Fifty Pounds; and if any Master or other Person having or taking the Charge or Command of any such Ship or Vessel, shall take on board, or if such Master or other Person, or the Owner or Owners of any such Ship or Vessel, shall engage to take on board, a greater Number of Persons than in the Pro- portion allowed by this Act, such Master or other Person as aforesaid shall forfeit and pay the Sum of Five Pounds for each and every or any such Person, exceeding in Number the Pro- 6 4° Geo. 4. c. APPENDIX. portion herein-before limited ; and every such Ship or Vessel so having on board, or conveying or carrying any greater Number than Twenty Persons without such Licence as afore- said first had and obtained, shall and may be seized and de- tained by the Collector, Comptroller, Surveyor, or Officer of the Customs, until such Penalty of Fifty Pounds shall be satis- fied and paid. Sect. 4. And be it further enacted. That from and after the First Day oi September One thousand eight hundred and twenty- three, it shall not in any Case be lawful for any Master or other Person taking or having the Charge or Command of any Trading or Coasting Ship or Vessel not being wholly employed in the Conveyance of Passengers, and not licensed to carry any Passengers pursuant to this Act, whether such Ship or Vessel shall be laden in Part or in the Whole with Goods and Mer- chandize, not being the Baggage of or belonging to any Pas- sengers in such Ship or Vessel, or shall be employed in the Car- riage or Conveyance of Cattle or Pigs, or shall be in Ballast, and which shall sail from any Port or Place in Great Britain to any Port or Place in Irelatid, or from any Port or Place in Ireland to any Port or Place in Great Britain, to have or take on board a greater Number of Persons than Ten (exclusive of the ordinary Crew of such Ship or Vessel), if such Ship or Ves- sel shall be of the Burthen of One hundred Tons or under, nor a greater Number of Persons than Twenty (exclusive of the ordinary Crew), if such Ship or Vessel shall be of a Burthen greater than One hundred Tons, and not exceeding the Burthen of Two hundred Tons ; and if more Persons shall be found or taken on board any such Ship or Vessel than in the Proportion herein allowed, every such Master or other Person as aforesaid shall forfeit and pay the Sum of Five Pounds for every Person so taken on board beyond such Proportion. 575 Passengers to Ireland. Ship having more than 20 Passengers without Li- cence, may be detained till Penalty paid. Merchant Ves- sels, &c, shall not carry more than 10 Persons if of or under 100 Tons, or 20if notexceed- inac 200 Tons. Penalty 5/. for every Person beyond the Proportion. Sect. 5. And be it further enacted. That an Abstract of this Abstract of this Act shall be prepared and printed by and under the Direction ^^t, &c. shall of the Commissioners of His Majesty's Customs, and a printed "e hung up .it Copy of such Abstract shall be hung up in the Custom House ,„,j q,^ board ' of every Port of the United Kingdom, and a printed Copy of every Vessel. such Abstract, and also a Copy of the Licence granted to the Captain or Owners of such Ship or Vessel, and a Notice or Statement of the Number of Persons allowed to be carried and conveyed in such Vessel, shall be hung up and affixed in some conspicuous Place on the Deck and in the Cabin of every Ship or Vessel carrying Passengers under the Regulations of this Act ; and the Master or other Person having or taking the Charge or Command of such Ship or Vessel shall cause the said Copies to be kept and renewed, so that the same may be at all Times accessible to every Person on board such Ship or Vessel, upon Pain that every such Master or other Person having or 576 Passengers to Ikei.ani). APPENDIX. 4" Geo. 4. c. 88. Penalty 10/. Not to extend to Vessels izi the Service of Government, Penalties may be recovered before One Justice of the Peace. taking the Charge or Command of every such Ship or Vessel in which sucii Abstract, Licence, and Notice, or any of them, shall not be iiung up or affixed, and shall not be renewed and remain as aforesaid, shall for every such Offence forfeit the Sum of Ten Pounds. Sect. G. Provided always, and be it enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to Ships or Vessels in the Service of His Majesty, or of His Majesty's Postmaster General, or of the Commissioners of Customs and Excise, or of the East India Company, nor to any Ship or Vessel of the Burthen of Two hundred Tons or upwards, nor to any Ship or Vessel employed in carrying Troops. Sect. 7. And be it further enacted. That all Penalties and Forfeitures for any Offence against this Act shall and may be recovered at any Time within Three Calendar Months after the Commission of such Offence, in a summary Way, by the Order and Adjudication of any One Justice of the Peace for the County or Place in which the Port shall be situate, from which any such Ship or Vessel shall depart, or at which any such Ship or Vessel shall arrive, on Complaint to such Justice for that Purpose exhibited ; and such Penalty shall be levied, as well as the Costs of such Proceedings, on Nonpayment, by Distress and Sale of the Goods and Chattels of the Offender or Offen- ders or Person or Persons liable to pay the same, by Warrant under the Hand and Seal of such Justice ; and such Justice is hereby authorized and required to summon before him any Witness or Witnesses, and to examine such Witness or Wit- nesses upon Oath of and concerning such Offences, and to hear and determine the same ; and the Overplus (if any) of the Money so levied or recovered, after discharging the Penalty or Forfeiture for which such Warrant shall be issued, and the Costs and Expences of recovering and levying the same, shall be returned upon Demand to the Owner or Owners of the Goods or Chattels so seized or distrained ; and in case such Penalty or Forfeiture shall not be forthwith paid upon Convic- tion, then it shall be lawful for such Justice to order the Of- fender or Offenders so convicted to be detained and kept in safe Custody, until Return can be conveniently made to such Warrant of Distress, unless the Offender or Offenders shall give sufficient Security to the Satisfaction of such Justice for his or their Appearance before such Justice on such Day or Days as shall be appointed for the Return of such Warrant of Distress, such Day or Days not being more than Seven Days from the Time of taking any such Security, and which Security the said Justice is hereby empowered to take by way of Recognizance or otherwise ; but if, upon the Return of such Warrant, it shall appear that no sufficient Distress can be had thereupon, then 4" Geo. 4. c. 88. APPENDIX. 577 it shall be lawful for such Justice, or any other Justice of the Passengers to Peace for such County or Place as aforesaid, and he is hereby Iuelakd. authorized and required, by Warrant under his Hand and Seal, to cause such Offender or Offenders to be committed to the Gaol of such County or Place, there to remain, without Bail or Mainprize, for any Term not exceeding Two Calendar Months, unless such Penalty or Forfeiture, and all reasonable Charges, shall be sooner paid and satisfied ; and one Moiety of Half to the every such Penalty or Forfeiture, when so levied, shall be paid Prosecutor, aud to the Person or Persons who shall sue or prosecute for the [?. ^'^ *''^ same, for his or her own Use and Benefit, and the other Moiety '"* thereof to the Use of His Majesty, His Heirs and Successors. Sect. 8. Provided always, and be it enacted, That if any Per- Persons ag- son shall think himself or herself aggrieved by any Conviction grieved may in pursuance of this Act, it shall be lawful for such Person to ^'Peal to appeal to the Justices of the Peace at the next General Quarter ^-^^^^^ ^' ' *^' Session of the Peace to be holden for the County or Place, such Appellant (if there be sufficient Time after the Cause of such Complaint shall have arisen) first giving or causing to be given Ten Days Notice at least in Writing of his or her Intention of bringing such Appeal, and of the Matter thereof, to the Justice whose Conviction shall be so appealed against, and within Seven Days next after such Notice entering into a Recognizance before the said Justice or some other Justice of the Peace for the County or Place, with Two sufficient Sureties, conditioned to try such Appeal, and to abide the Order of such Justices at Sessions thereon, and to pay such Costs as shall be awarded by the Justices at such Quarter Sessions ; and for Want of sufficient Time for giving such Notice pi'evious to the Quarter Sessions next after the Cause of such Complaint shall have happened, then such Appeal, after such Notice and under such Recogni- zance, may be made at the Second General Quarter Sessions of the Peace to be holden for such County or Place ; and the Jus- tices at such First or Second Sessions, upon due Proof of such Notice having been given as aforesaid, and of the entering into such Recognizance, shall hear and finally determine the Cause and Matter of such Appeal in a summary Way, and shall award such Costs to the Parties appealing or appealed against, as they the said Justices shall think proper, and the Determination of such Justices at such Quarter Sessions shall be final, binding, and conclusive to all Intents and Purposes ; and the said Justices at such Sessions may also, by their Warrant or Order, cause such Costs so awarded by Distress and Sale to be levied of the Goods and Chattels of the Person or Persons who shall refuse or neglect to pay the same ; and for Want of sufficient Distress may commit such Person or Persons to the Common Gaol or House of Correction for the said County, there to remain for any Time not exceeding Two Calendar Months, or until Payment of such Costs. 578 Passengers to Irki-and. Proceedings not to be quaslied for Want of Form. appp:ndix. 4" Geo. 4. c. 88. Liniitation of Actions. General Issue. Double Costs, Sect. 9. And be it further enacted, That no Proceedings against, nor any Conviction of any Offender or Offenders against this Act, or l)y or before any Justice of tlie Peace, shall be quashed for Want of Form, nor be removed or removable by Certiorari, or any other Writ of Process whatsoever, into any of His Majesty's Courts of Record at Dublin ; and where any Distress shall be made for any Sum or Sums of Money to be levied by virtue of this Act, the Distress itself shall not be deemed unlawful, nor the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any Defect or W'ant of Form in the Summons, Conviction, Warrant of Distress, or other Proceedings relating thereto; nor shall the Party or Parties distraining be deemed a Trespasser or Tres- passers ab initio on account of any Irregularity which shall be afterwards committed by the Party or Parties distraining, but the Person or Persons aggrieved by such Irregularity shall and may recover full Satisfaction for the special Damage (if any) in an Action on the Case; but no Plaintiff or Plaintiffs shall recover in any Action for such Irregularity as aforesaid if Tender of sufficient Amends shall have been made by or on behalf of the Party distraining before such Action commenced. Sect. 10. And be it further enacted, Tliat any Action or Suit which shall be brought or commenced against any Person or Persons for any thing done in pursuance and by the Autho- rity of this Act shall be commenced within Three Calendar Months next after the Fact committed, and not afterwards, and shall be brought in the County, City, or Place where the Cause of Action shall arise, and not elsewhere ; and that the Defendant or Defendants in such Action or Suit to be brought may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear to be so done, or if any such Action or Suit shall be brought after the Time before limited for bringing the same, or shall be brought in any County, City, or Place other than as aforesaid, then and in every such Case the Jury shall find for the Defendant or Defendants ; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or shall discontinue his, her, or their Action, or if a Verdict shall pass against the Plaintiff, or if upon Demurrer Judgment shall be given against such Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Double Costs, and have the like Remedy for the same as any Defendant or Defendants hath or have for Costs of Suit in other Cases by Law. -t" Si 5"GuL.4-. c. 89. APPENDIX. >79 4° & 5" GuL. 4. Cap. 89. An Act to amend the Laws relating to the Customs. (1) Passevgers. 115th Aiiffust 1834.] Sect. 28. And whereas Steam Vessels, according to their Tonnage of Register Tonnage, afford greater Accommodation for Pas- Steam Vessels sengers on short Voyages than Sailing Vessels ; be it therefore carrying Pas- enacted, That for the Purposes of an Act passed in the Fourth jy"^'^i^reland Year of His late Majesty's Reign, intituled An Act for regu- lating Vessels carrying Passengers between Great Britain atul Ireland, every Steam Vessel which is of the Register Tonnage of One hundred and forty Tons, or upwards, shall be deemed to be a Vessel of Two hundred Tons at least. (1) This Act has been repealed with the Exception of the 28th Section here given. p P 2 580 APPENDIX. 2-GuL. 4. C.16. Permits. All Goods re- moved without Permit to be forfeited, and the Person removing them to forfeit 200/. 2°GuL. 4. Cap. 16. An Act to consolidate and amend the Laws regulating the granting and issuing of Permits for the Removal of Goods under the Laws of Excise. [24th March 1832.] Sect. 11. And be it further enacted, That all Commodities for the Removal whereof a Permit is required, which shall be or shall have been delivered, removed, or sent out, or which shall be found removing, carrying, or conveying, or which shall be received, without a proper Permit accompanying the same, shall be forfeited, and may be seized by any Officer of Excise ; and every Carrier, Master of a Vessel, Boatman, and other Person who shall be found or shall knowingly have been employed or engaged in, or shall knowingly aid or assist or have aided or assisted in, delivering, removing, carrying, or conveying any such Commodities without a proper Permit accompanying the same, shall forfeit Two hundred Pounds. [The other Sections of this Act are not required for the Purposes of this Publication.] 6" Geo. 4. c. 125. APPENDIX. 581 6" Geo. 4. Cap. 125. An Act for the Amendment of the Law respecting Pilots Ph-otaoe. and Pilotage ; and also for the better Preservation of Floating Lights, Buoys, and Beacons. [5th July 1825.] WHEREAS Siiips and Vessels have frequently been wrecked, and many Lives and much Property have been lost, from the Ignorance or Misconduct of Persons taking charge of such Ships and Vessels as Pilots: And whereas the Master, Wardens, and Assistants of the Guild, Fraternity, or Brother- liood, of the most Glorious and Undivided Trinity, and of Saint Clement in the Parish of Deptf-^rd Strond in tiie County o^ Kent, commonly called "The Corporation of Trinity House of Deptford Strond," have, as well by Usage for more than Three Centuries, as by Grants from the Oown, been em- powered to ajipoint Pilots, Leadsmen, or Guides, to conduct Ships and Vessels into and out of and upon the River of Thames, through the Noi'th Channel, to or by Orfordness, and round the Long Sand Head, or through the Queens Channel, the South Channel, or other Channels, into the Downs, and from and by Orfordness and up the North Channel, and up the Rivers Thames and Medicay, and the several Creeks and Channels belonging or running into the same, and to make such Orders and Constitutions as should be needful for the wholesome Government of Seafaring Men, and Maintenance and Increase of Navigation, and of all Seafaring Men within the said River o^ Thames ; in pursuance of Avhich Powers the said Corporation have from Time to Time appointed a sufficient Number of Pilots for the Purposes before mentioned, and made Orders for the better Regulation and Government of the same : And whereas there hath been Time out of Mind, and now is, a Society or Fellowship of Pilots of the Trinity House of Dover, Deal, and the Isle of Thanet, who have had the Pilotage and Loadmanage of all Ships from the said Places up the Rivers Thames and Medway, which said Society or Fellowship have been confirmed by various Acts of Parliament for regulating the Pilots of the Society or Fellowship of Pilots of Dover, Deal, and the Isle of Thanet, commonly called Cinque Port Pilots : And whereas by certain Acts of Parliament, and more par- ticularly by an Act passed in the Fifty-second Year of the Reign of His late Majesty King George the Third, intituled An Act 52 G. 3. c. 39. for the more effectual Regulation of Pilots, and of the Pilotage of Ships and Vessels on the Coast of England, certain addi- tional Powers and Authorities were vested as well in the said Corporation of Trinity House of Deptford Strond, and the said Society or Fellowship of Pilots of Dover, Deal, and the Isle of p p 3 582 APPENDIX. 6° Geo. 4. c. 125. Pilotage. 55 G. 3. c. 87. 52 G. 3. c. 39. 55 G. 3. c. 87. and all Pro- visions in other Acts relating to Pilots and Pilotage re- pealed ; but not as to Rates and Penalties due or incurred, or Acts done before the Operation of the Provisions of this Act. Thanet, coininouly culled Clnqne Port Pilots, as also in the Corporation of the Trinity House of the Ports of Hull and Newcastle respectively: And whereas a certain other Act of Parliament was passed in the Fifty-fifth Year of the Reign of His said late Majesty King George the Third, intituled An Act to relieve certain Foreign Vessels resorting to llie Port of London, in respect of Pilotage, and to regulate the Mode of Payment of Pilotage on Foreign Vessels in the said Port : And whereas the Provisions of the said Acts have been found in- adequate and insufficient, and it is therefore expedient that the same should be repealed (except as herein-after provided), and that the several Provisions therein contained respecting Pilots and Pilotage should be improved and amended, and consoli- dated in One Law : 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 Act passed in the Fifty-second Year of the Reign of His late Majesty, and also the said Act passed in the Fifty- fifth Year of the Reign of His said late Majesty, and all and every the Clauses, Provisions, Powers, Penalties, Forfeitures, Matters, and Things, relating as v/ell to Pilots appointed by the said Corporation of Trinity House of Deptford Strond, as to Pilots of the Fellowship of Dover, Deal, and the Isle of Thanet, and to the Pilotage by and Regulation of all such Pilots as aforesaid, and also as to the Conduct of all Persons in Matters of Pilotage, within the Jurisdiction of the said Cor- poration of Trinity House o^ Deptford Strond, and the Liberty of the Cinque Ports, Avhich are contained in any Act or Acts of Parliament heretofore made, shall be and the same are hereby repealed ; Provided always, that nothing in this Act contained shall extend or be construed to extend to repeal so much of the said Acts, passed in the Fifty-second and Fifty-fifth Years of the Reign of His late Majesty, or either of them, as relates to any Rates of Pilotage due or to become due, or to any Penalty or Forfeiture incurred or to be incurred, or any other Act, Matter, or Thing done or to be done before the Com- mencement of the Operation of the Provisions of this Act, in relation to any such Mattere and Things as last aforesaid. Notice of Ap pointment of Pilots by the Corporation of Trinity House of Deptford Sect. 7. And be it further enacted. That when and as soon as the said Corporation of Trinity House o^ Deptford Strond (1) shall have licensed Pilots for any particular Port or Ports, and the respective Coasts near the same as aforesaid, they shall cause Notice of such Licences to be published by fixing up (1) Sec§ 1. 6° Geo. 4-. c. 125. APPENDIX. 583 such Notice in Writing at tlie Trinity House and at tlie Pilotage. Custom House in London, and alsi at tlie respective Custom Houses of the Ports for whicli, and for the Coasts near the ,^!'p7'J/"/*he same, such Licences shall be granted, and shall also afterwards TiinitT House cause such Notice to be published in the London Gazette, and &c. after which in One or more of the Newspapers circulated in that Part of no otlur Pilot the Country wliere the Ports shall respectively be situated, "f Ptrsou shall which Publication in the London Gazette shall be good and ''^^^' sufficient Evidence of such Notice having been given ; and from and after a Time or Times to be limited in the said Notice, v'hich shall not in any Case, or in relation to any Sliips or Vessels whatever, be less than Six Weeks from the Publi- cation thereof as aforesaid, and shall be proportionably more at the Discretion of the said Corporation, in relation to Ships and Vessels engaged in Foreign Voyages at the Time of such Publication, all Ships and Vessels sailing, navigating, or passing into or out of the said respective Ports, or upon the Coasts thereof (save and except as herein-after mentioned), shall be conducted and piloted by such Pilots only as shall be so licensed as aforesaid, and by no other Pilots or Persons whom- soever. Sect. 8. And be it further enacted. That it shall be lawful Corporation of for the said Corporation of Trinity House o^ Deptford Strand Trinity House and they are hereby authorized and required to establish, vary, ^^^'' establish and alter from Time to Time, as Circumstance3 shall render p-i(,tj,„e pgj., the same necessary. Rates of Pilotage, in I'elation to all Pilotage formed by performed in any River, Port, or Place, or upon any Coast Pilots licensed whatever, by any Pilot or Pilots already licensed, or who shall «n Certificates, be licensed by the said Corporation, upon their receiving Cer- tificates of Examination from Sub-commissioners of Pilotage as aforesaid, which Rates shall be regulated by and propor- tioned as well to the Size and Draught of W^ater of the Vessels, as to the Distance piloted, the Detention and Responsibility of the Pilot, and such other Circumstances as the said Corpo- ration may think fit to take into consideration in fixing and establishing such Rates; of which Establishment or Alteration Of which Rates of Rates of Pilotage Notice shall be given, by hanging up Tahk's shall be printed Tables thereof, corrected from Time to Time as liyng "P a* the Variations therein shall be made at the several Custom Flouses ofti,e respective at the Ports to which the said Rates shall apply ; and no ports, and no greater or less Rates, or other Reward or Emolument for such greater or less Pilotage, shall under any Pretence whatever be demanded, Hates shall be solicited, received, paid, or offered, on pain of forfeiting Ten received or paid. Pounds for every such Otf'ence, as well by the Person demand- ing, soliciting, or receiving, as by the Person paying or offering, such greater or less Rates, Reward, or Emolument : Provided that Ships returning by Distress of Weather, contrary Winds, or on account of Accident, into Ports in the Districts of the r r 4 584 Pilot A of;. (Corporation of Trinity Mouse may make 15ye Laws and annex Penalties tor Bread) oftliem. APPENDIX. 6"Gi:o.'l. c. 125. Bye Laws to be sanctioned by the Chief Justice ol the King's Bench or Common Pleas. Proposed Bye Laws to be previously transmitted to the Privy Council and to the Commis- sioners of Cui- hlc of Wicfht, Pli//nou(/i, and Faltnonth, shall ho subjecl to pay One Half of the connnuii Pilotage in the said Ports. Sect. 11. And be it further enacted, That all Persons licensed to act as Pilots, or in Pilot Vessels, by the said Corporation of Trinity House of Deptford Stro7id, by virtue of this Act, shall from Time to Time and at all Times hereafter be subject to the Regulations and Government of the said Corporation, who are hereby authorized and empowered, as well for ensuring the good Conduct and constant Attendance of such Pilots upon their Duty, as for enforcing the general Purposes of this Act, from Time to Time to make and frame all such Dye Laws, Rules, Orders, Regulations, and Ordinances as they shall think tit, therein specifying and directing also what annual or other Sums shall be paid by any such Pilots to the Sub-commis- sioners of Pilotage, for the Examination of such Pilots, and for granting and renewing or confirming their Licences from Time to Time ; and it shall be lawful for the saiil Corporation respectively to annex such reasonable Penalties and Forfeitures for the Breach of such Bye Laws, Rules, Orders, Regulations, and Ordinances, when made, as to them shall seem expedient in that Behalf; and from Time to Time to annul, alter, and amend all or any of the existing Bye Laws, Rules, Orders, Regulations, and Ordinances, and to make such other and new Bye Laws, Rules, Orders, Regulations, and Ordinances as they shall think proper, so as such Bye Laws, Rules, Orders, Regu- lations, and Ordinances be made conformable to the true Intent and Meaning of this Act, and shall not be repugnant to the Laws of this Realm : Provided always, that no Bye Laws, Rules, Orders, Regulations, or Ordinances hereafter to be made by the said Corporation, shall have Force or Effect before they shall have been examined^ sanctioned, and approved by the Chief Justice of His Majesty's Court of King's Bench, or by the Chief Justice of His Majesty's Court of Common Pleas, the Sanction and Approbation of either of which Chief Justices shall be verified under his Hand and Seal ; and all and every such Bye Laws, Rules, Orders, Regulations, and Ordinances, when so made and confirmed as aforesaid, shall be observed and kept and put in execution, and have the same Force and Effect and Operation, to all Intents and Purposes, as if the same were respectively enacted by this Act. Sect. 12. And in order that all such Bye Laws, Rules, Orders, Regulations, and Ordinances may be previously examined by the Parties interested therein, be it further enacted, That Copies of all such proposed Bye Laws, Rules, Orders, Regulations, and Ordinances shall be transmitted to His Majesty's Privy Council, and to the Commissioners of Customs in London, Three Calendar Months before the same shall be submitted to 6"Geo. 1. c 125. APPENDIX. 585 such Cliiel" Justice as aforesaid; and the Commissioners of tlie Ph-otaoe. Customs are hereby required, upon tlie Receipt of such Copy, to cause the same to be printed and hung up, as soon as the same ^""'s "'c latfer can be done, in the several Custom Houses of the principal Ports °* "''O'". shall in Great Britain, there to be open to tlie Inspection of all Coiu^esTo'b^e Persons interested therein at all seasonable Times ; and Notice hung up at the shall be given in the Gazette of such proposed Bye Laws being Custom Houses, so hung up lor Inspection as aforesaid. Sect. 13. And be it further enacted, That all such Bye Laws, Kye Laws cou- Rules, Orders, Regulations, and Ordinances as shall be so made firmed, to be and confirmed as aforesaid shall be printed, and shall be hung ''""S "P "i the up in some public or conspicuous Place in the several Custom ^"^'o"! H^'i'ses Houses of the Ports o\' England, w'xih'm the Limits for which jiousg^ "«' y the Pilots respectively shall be licensed, and also at the Trinity House in London. Sect. 21. And be it further enacted. That all Persons licensed Cinque Port or to be licensed to act as Cinque Port Pilots shall from Time Pilots to be to Time and at all Times hereafter be subject to the Regulations ^iibject *» the and Government of the Lord Warden of the Cinque Ports and " ^? 3" «- r-> 1 1 p r-» j^ I f rr- i • i • gulations ot the Constable o\ Dover Castle tor the lime being, and it shall be Lord Warden lawful for the Master and Wardens of the said Society or Fel- &c. lowship of Pilots of Dover, Deal, and the Isle of T/ia?iet{l), and the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, his Lieutenant for the Time being, and the Deputy Lieutenant for the Time being, or either of them, with the Assent of the Commissioners of Loadmanage, or the major Part of them, present at an Assembly commonly called A Court of Loadmanage to be held by the said Lord Warden or his Deputy, as and when they shall see fit, or Occa- sion shall require, to annul, alter, or amend the Rules and Regulations of the said Lord Warden or Court of Loadmanage, which siiall be in force at the Time of the passing of this Act, and which are hereby directed to remain in force notwithstand- ing the same, and to make from Time to Time such other sufficient Rules and Orders for enforcing the due Observance of the Provisions of this Act by all Cinque Port Pilots, and for providing for the good Government, constant Attendance, and Regulation of all such Pilots in going off to and taking charge of, and conducting and navigating His Majesty's Ships and Vessels, and the Ships and Vessels in His Majesty's Employ, and also all Ships and Vessels whatever and wheresoever, within the proper and usual Limits of such Pilots, or wherein they shall for the Time being act or be ; and for efiectually (1) Sec § 1. 586 APPENDIX. 6" Geo. 4. c. 125. TiLOTAoE. securing the Perfonuance of all the Duties and Services of such Pilots at all Times, and all Alterations and Amendments in such Rules and Regulations so in force as aforesaid, and all other Rules and Regulations, or Alterations or Amendments thereof, hereafter to be made, shall, before the same are allowed to take effect, or become binding on any Person or Persons whatever, be printed and transmitted to the Custom Mouse in Lonrhm, and there hung up in some conspicuous Place in the Long Room of the said Custom House ; and Notices shall be published in the Gazette, and put up at the Custom Houses within the Cinque Ports, of such Rules and Regulations, oi* any Alterations thereof, for Inspection, for One Calendar Month, in order that any Persons interested therein, whether as Owners or Masters of Ships, or Pilots, or otherwise, may transmit to the Lord Warden of the Cinque Ports, or his Lieu- tenant, any Objections which they may have thereto, for the Purpose of the same being altered or confirmed ; and if no Objection to the Rules and Regulations so made or altered shall be proposed, by or on the Behalf of any Person or Per- sons, within the Space of Thirty Days after the Notices shall have been given and made public, in the Manner herein-before provided, they shall have the same Force and Effect to all Intents and Purposes as all other Rules and Regulations for the Government of Pilots within the Jurisdiction of the Cinque Ports have ; but if an Objection shall be made to the Lord Warden, or his Lieutenant, by or on behalf of any Person or Persons, to any Rule or Regulation, or to any Alteration in any Rule or Regulation, of which Notice shall be given as afore- said, within Thirty Days after the Publication thereof, then and in such Case the Operation thereof shall be suspended until Reference shall be had to His Majesty's most Honourable Privy Council, who are hereby authorized and empowered to hear as well any Person who shall be deputed by the Court of Loadmanage, as by the Person or Persons objecting, and finally to decide as to the confirming, altering, or rejecting such Rules or Regulations, which Decision of the Privy Council shall be final and binding on all Parties ; and Copies of such Rules or Regulations shall be delivered to every Member of the said Society or Fellowship, and also to every new Member of the said Society on his Election ; and a Copy or Extract thereof shall be at all Times in the Possession of every Pilot belonging to the Cinque Ports, as well those already admitted and licensed as all others hereafter to be licensed as such Pilots; and it shall be lawful in such Rules and Regulations to establish Rates of Payment out of such surplus Earnings of the Lower Book Pilots, as may arise from their being allowed to take the higher Classes of Ships, in the Absence of Pilots of the Upper Book, under the Provisions of this Act, for the better Support and iMaintenance of the Upper Book Pilots, 9 6" Geo. 4. c. 125. APPENDIX. and also Penalties and Forfeitures for tlio enforcing such Rules and Resfiilations, and better ordering of the said Pilots, and for suspending or depriving any of the said Pih)ts of tiieir Licences for breaking siicli Rules or Orders, or omitting to do any thing required by the same to be done, or for acting in anywise contrary to such Rules or Orders. Sect. 25. And be it further enacted, That from and after the passing of this Act, the respective Rates or Prices herein-after enumerated in tlie Tables marked (A. and B.) respectively in the Schedule marked (A.) to this Act annexed, shall and may be lawfully demanded and I'eceived by any Pilot licensed or to be licensed by the said Corporation of Trinity House of Dept- ford Slrond, or by the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieu- tenant for the Time being respectively, for the piloting or con- ducting of any Ship or Vessel from Place to Place, as expressed in the said Tables respeetivelj^ ; that is to say, the respective Rates or Prices enumerated in the said Table marked (A.) shall and may be demanded and received by any Pilot licensed or to be licensed by the said Corporation ; and the respective Rates or Prices enumerated in the said Table marked (B.) shall and may be demanded and received by any Pilot licensed or to be licensed by the said Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieu- tenant for the Time being; and no greater or less Rates or Prices or other Reward or Emolument shall under any Pre- tence whatever be demanded, solicited, received, paid, or offered than such Rates or Prices, on pain of forfeiting Ten Pounds for every such Offence, as well by the Person demand- ing, soliciting, or receiving, as also by the Person paying or offering such greater or less Rate or Price, Reward, or Emolument. Sect. 26. Provided always, That it shall and may be lawful for the said Corporation of Trinity House of Deptford Strand (as to the said Rates or Prices to be demanded and received by Pilots licensed, or to be licensed, by the said Corporation), and for the said Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being (as to the said Rates or Prices to be demanded and received by Pilots licensed or to be licensed by the said Lord Warden and Constable, or his Lieutenant), and they are hereby respectively authorized and empowered from Time to Time, and at any Time or Times hereafter, with the Consent of His Majesty, His Heirs and Successors, in His or Their most Honourable Privy Council, to increase, reduce, alter, or modify all or any or either of the said respective Rates or Prices so enumerated in the said Tables respectively, or to substitute 587 Pilotage. Rates in Tables (A.) and (B.) of Schedule (A.) may be demanded by Pilots, and no greater or less. Penally. Kates may be varied by the Corporation of Trinity House and Lord War- den ot" the Cinque Ports respectively, with the Con- sent of the Privy Council. 588 APPENDIX. 6" Geo. 4. c. 125. Pi LOT A ot. Penalty. otiicr Ratrs or Prices in lieu thereof, and the same Rates or Prices so increased, reduced, altered, modified, or substituted as aforesaid, aj^aiii in like Manner and with the like Consent from Time to Time to increase, reduce, alter, or modify, or others to substitute in lieu thereof, and to fix and determine the Period (so that the same be not less than Three Calendar Months from the giving of the Notice herein-after mentioned) from and after Avhich such altered or substituted Rates and Prices are to be demanded, of which Rates and Prices, and of the Period from and after which the same are to be demanded, Notice shall from Time to Time be given, by hanging up printed Tables thereof in some public or conspicuous Place in the Custom House of London, and also at the Trinity House in London ; and from and after the Period specified in such last-mentioned Tables, the respective Rates or Prices therein enumerated may and sliall be demanded and received by any Pilot licensed by the said Corporation of Trinity House, or by the Lord Warden of the Cinque Ports and Constable of Dover Castle for the Time being, or his Lieutenant for the Time being respectively, instead of the said several Rates and Prices mentioned in the said Tables marked (A. and B.) respectively; and from and after such Period, no greater or less Rates or Prices, or other Reward or Emolument, shall, under any Pre- tence whatever, be demanded, solicited, received, paid, or offered, on pain of forfeiting Ten Pounds for every such Offence, as well by the Person demanding, soliciting, or receiv- ing, as also by the Person paying or offering such greater or less Rate or Price. Name, &e. of Pilots ap- pointed to be transmitted to the Trinity House, and a List of all Pilots annually to the Trinity House and Custom House. Sect. 35. And be it further enacted, That from and after the passing of this Act, all Bodies Politic and Corporate, and all and every other Person or Persons, authorized to appoint or license Pilots in or for any Port of England, or any of the Seas, Coasts, Harbours, or Rivers thereof, or Places therein, shall from Time to Time, as and when each Appointment of a Pilot shall be by them respectively made, forthwith transmit to the Corporation of Trinity House of Deptford Strotid, at the Trinity House in London, and to the Commissioners of His Majesty's Customs, at the Custom House in London, the Chris- tian and Surname, Age, and Place of Residence of every such Pilot so appointed, distinguishing the Limits within which such Pilot is appointed to act, and by whom such Appointment is made; and the said Bodies Politic and Corporate, and other Persons, authorized to appoint or license Pilots as aforesaid, shall and they are hereby required to transmit to the said Cor- poration of Trinity Plouse, at the Trinity House aforesaid, and to the said Commissioners of Customs, at the Custom House aforesaid, annually, on the Thirty-first Day of December, or within One Calendar Month afterwards, a List, corrected up to 8 6° Geo. 4. c. 125. APPENDIX. the said Thirty-first Day of December in encli Vinir, of tlie Names and Residences of all tlic Pilots witiiin their several Jurisdictions, in vhich I/ist so to be transmitted to the Trinity House as aforesaid sluill be stated all such Alterations (if any) as may have been made in the Hates of Pilotage charged, or in the Rules and Regulations for governing Pilots within their respective Districts. 589 I'll. Sect. 36. And whereas by certain Acts of Parliament for tlie more effectual Performance of Quarantine Pilots are required, on going on board Ships arriving from Foreign Parts, in certain Cases to give Information to the Commanders thei-eof respecting Proclamations and Orders in Council relative to the Perform- ance of Quarantine, which renders it necessary that Notice of such Proclamations and Orders should have been previously communicated to all Pilots throughout England ; be it further enacted, That the said Commissioners of His Majesty's Customs shall from Time to Time with all convenient Speed transmit to the principal Officers of the Revenue under their Manage- ment, at the several Ports in Englandf the Names and Places of Residence of all such i'ilots of whose Nomination they shall receive Notice from the proper Authority, or who shall be in the List so annually to be transmitted to such Commissioners as aforesaid, as shall reside within the Limits of each Port respectively, in order that the said principal Officers at the several Ports may be enabled to communicate and deliver to every Pilot within the Limits of such Ports respectively Copies of all Proclamations or Orders in Council respecting the Per- formance of Quarantine by Ships arriving from infected Places, which the said Officers are hereby required to communicate accordingly. Cominissioners oF Customs to transmit to tlu'ir principal Officers at Ports in England the Names, &c. of Pilots residing within the Limits of eacU Port. Sect. 43. And be it further enacted, That every Pilot shall write his Christian and Surname in the Log Book of every Master or other Person having the Command for the Time being of any Ship or Vessel entering the Port of London, and required to be piloted according to the Directions of this Act; and every Pilot or other Person inserting a false Name shall forfeit the Sum of Twenty Pounds ; and the Master or other Person having the Command of such Ship or Vessel shall, in making the Entry or Report of such Ship or Vessel inwards, insert or cause to be inserted in such Entry or Report the Name or Names of the Pilot or Pilots employed or engaged to pilot such Vessel into the said Port, which Insertion shall be made in the said Entry or Report (without Fee or Reward) by the proper Officer of the Customs, who shall report the same to the Corporation of the Trinity House daily, and to the Lord Warden of the Cinque Poits monthly ; and such Officer is Pilot to write his Name in Log Book, and same to be- inserted in Report of Ships entering the Port of Lon - don, and re- ported daily to the Trinity IIou^e, and monthly to the Lord Warden of the Cinque Ports. 590 APPENDIX. G" Geo. !■. c. 125. ru.oTAfiE. liereby autliorized and required to reject such Entry or Report, unless and until tlu; Name or Names of tlie Pilot or Pilots so employed or eiit^aged as aforesaid shall he inserted or notified to such Officer for Insertion in such Entry or Iveport as afore- IMontlily Re- said ; and also that the principal Searcher or Clearing Officer jiorts to he of the Customs at Gravesend shall demand and take the Name made of Vessels q^ Names of the Pilot or Pilots of all Ships or Vessels clearing clearing out- outwards from the Port of London, and shall transmit monthly Lists of such Names to the said Corporation of Trinity House, Penalty. on pain of forfeiting a Sum not exceeding Ten Pounds, nor less than Five Pounds, to be paid by each and every of the Persons aforesaid who shall neglect to comply with any of the foregoing Regulations. In what :\Ian- Sect. 46. And in order to prevent as well Impositions and ner Pilotage of Disputes respecting the Charges for as Evasions in the Pay- Ships not ment of the Pilotage of such Ships and Vessels trading to and Registers ' from the Port of London, and not having British Registers, trading to and as are by Law required to be piloted by Pilots licensed by from the Port the said Corporation of Trinity House, be it further enacted, of London shall Tliat from and after the passing of this Act the Master or be paid. other Person having the Charge of every such Ship or Vessel which shall enter into or sail from the said Port of T^ondon, or the Consignees of or Agents for such Ship or Vessel, shall pay or cause to be paid at the Trinity House in London, to such Person or Persons as shall from Time to Time be in that Behalf appointed by the said Corporation of Trinity House, the full Pilotage inwards and outwards respectively of every such Ship or Vessel ; that is to say, in all Cases as to Pilotage out- wards the full Amount of Pilotage for the Distance which such Ship or Vessel shall by Law be required to be piloted by such licensed Pilot as aforesaid ; and so far as concerns the Pilotage inwards, where a duly licensed Pilot shall have been on board such Ship or Vessel, the full Amount of Pilotage for the Distance piloted by him, if greater than that which such Ship or Vessel shall be so required to be piloted ; and if less, or if no such Pilot shall have been on board, then the full Amount of the Pilotage for the Distance which such Ship or Vessel shall be by Law required to be piloted as aforesaid ; and if such Pilotage inwards be not paid within Fourteen Days from the Day of such Ship or Vessel's reporting inwards, the same shall and may be recovered by the said Corporation from the Master or other Person having the Charge of every such Ship or Vessel, or from the Consignees or Agents thereof, who shall have paid or made themselves liable to pay any other Charge for such Ship or Vessel in the said Port of London, and shall and may be levied in such and the like Manner, according to the Amount of any^ such Sums of Money respectively, as any Penalty or Penalties may be recovered and levied under and bv virtue of this Act. 6" G Eo. 1-. c. 1 '25. APPENDIX. 591 Sect. 47. And be it further enacted, That the Person or Per- Pilotagk. sons so to be appointed bj' the said Corporation of Trinity House of Deptford Strond as last aforesaid shall, upon his or Certificate of their receiving such Pilotajre, give to the Person iJavinjr the { f/'"*^"' ^^ J J O X llot3.*'G to IIP same a Certificate thereof in Writing, and that no Ship or o^ivcn." Vessel not having a British Register, and being required by Law to be piloted as aforesaid, shall be cleared at the Office of His INIajesty's Customs in the said Port oi London on her outward-bound Voyage, without the Production of such Certifi- cate as aforesaid ; and the said Person or Persons so to be Receivers to appointed as aforesaid shall, upon Proof to tiie Satisfaction of pay over to the the said Corporation that such Pilotage Service hath been duly Pilot what shall performed, pay over to the Pilot duly licensed, who shall have ^" ^^'^ ^° *''™ * had charge of every such Ship or Vessel, all such Sum or Sums of Money as shall have been received by such Person or Persons appointed as aforesaid, and as shall be due and payable to such Pilot for or in respect of such Pilotage Service so by him per- formed, after deducting and retaining thereout the Poundage herein-before made payable to the said Corporation ; and tiie and the Residue Residue of such Pilotage received by such Person or Persons with the so appointed as aforesaid shall, together v.ith the Poundage Poundage to aforesaid, be carried to and applied to the Purposes of (he Pilots ^^ carried to Fund of the said Corporation of Trinity House of Deptford p^ P^'o's" Strond herein- after mentioned. Sect. 66. And be it further enacted, That no Person shall No Pilot shall take charge of any Ship or Vessel, or in any Manner act as a act until his Pilot, or receive any Compensation for acting as a Pilot, until Licence has his Licence shall have been registered by the principal Officers ^'^^'^ registered, of the Custom House of the Place at or nearest to which such proj^^- °"t Pilot shall reside, (which Officers are hereby required to register ° the same without Fee or Reward,) nor without having his Li- cence at the Time of his so acting in his jJersonal Custody, and producing the same to the Master of any Ship or Vessel, or other Person who shall be desirous of employing him as a Pilot, or to whom he sliall offer his Services, on pain of for- Penalty, feiting a Sum not exceeding Thirty Pounds, nor less than Ten Pounds, for the First Offence ; and for the Second or any sub- sequent Offence, a Sum not exceeding Fifty Pounds, nor less than Thirty Pounds ; and upon further Pain, as to any Person licensed as aforesaid, of forfeiting his Licence or being sus- pended from acting as a Pilot, by and at the Discretion of the Corporation or other Authority from which such Pilot's Licence was derived, either for the First, Second, or any subsequent Offence. Sect. 67. And be it further enacted. That every Pilot, licensed or Licences to be to be licensed as aforesaid, shall, at all Times when thereunto °^^*^ered up required, produce or deliver and yield up his Licence to the I^d'^ on^Death ' 592 PlI.OTAGK. of a Pilot Ills Licence sliall be retiirneil to tlie Corporation or Authority that granted it. Penalty. Pilots keeping Public Houses, &c. (unless au- thorized) or offending against the Re- venue Laws, &c. shall forfeit their Licences or be sus- pended. APPENDIX. 6'^Gko.4. c. 125. Penalty on Pilots who shall decline to go oflf to or take charge of Vessels, or who shall quit the same. Corporation or other Atitliority by which tlie same was granted ; and that on tho Dealli of anj^ such Pih)t, his Executors or Administrators, or One of tiieni, or the Person or Persons to whose Mauds the Licence of such deceased Pilot shall come, shall witliont wilfiii Delaj^ transmit such Licence to the Corpo- ration or other Authority by whicli the same was granted, on pain of such Pilot, Executor, Administrator, or other Person, forfeiting for any Neglect therein a Sum not exceeding Twenty Pounds nor less than Forty Shillings. Sect. 68. And be it further enacted, That from and after the passing of this Act, if any Pilot, licensed by virtue of tliis Act, or otherwise duly licensed, shall keep, or be concerned in keeping, either by himself or any Agent or Servant, or other Person, or shall in any way be intei'ested in the keeping of any Public House or Tavern, or Place of public Entertainment, or in the selling of any Wine or Spirituous Liquors, or Tobacco or Tea (unless such Pilot shall have kept or been concerned or interested in the same before the First Day of March One thousand eight hundred and eight, and shall be duly authorized by the Corporation, or other Authority under which such Pilot shall act, to continue in such Business or Employment); or if any Pilot, licensed as aforesaid, shall be convicted of any Offence against any Law or Laws relating to the Revenues of Customs or Excise, or shall be concerned in or shall wilfully connive at any indirect Practices or Frauds against the Revenues of Customs or Excise, or shall procure, abet, connive at, or par- ticipate in any Destruction, Spoil, or Concealment, Fraud, Ex- action, or corrupt Practice, relating to Ships or Vessels, or Persons in Distress at Sea, or by Shipwreck, or relating to the Tackle, Apparel, or Furniture, or the Cargoes of such Ships or Vessels, or relating to the Ci'ew or Passengers belonging thereto, or the Monies, Goods, or Chattels of any of them, then and in every such Case every Pilot shall (over and above all other Punishments, Mulcts, and Penalties for such Oftences) be ad- judged to forfeit his Licence, or shall be suspended from acting as a Pilot, by and at the Discretion of the Corporation, or other Authority from which such Pilot's Licence was derived. Sect. 72. And be it further enacted, That every Pilot, licensed or to be licensed as aforesaid, who shall, when not actually en- gaged in his Capacity of Pilot, refuse or decline or wilfully delay to go off to or on board of or to take charge of any Ship or Vessel wanting a Pilot, and within the Limits specified in his Licence, and of which he shall be qualified to take charge, upon the usual Signal for a Pilot being displayed from such Ship or Vessel, or upon being required so to do by the Cap- tain, or by any Commissioned or Warrant Officer of or belong- ing to such Ship or Vessel (if the same shall be in His 6'Gf.o. -1. c. 125. APPENDIX. 59'i Majesty's Service), or by the Master, or other Pcmnoii having PiLOTAcr. the Comiuand of such Sliip or Vessel, or by any Person or Persons interested therein as Principal or Agent (if the same shall not be in His Majesty's Service), or upon being recpiired so to do in cither of the Cases aforesaid, by any Officer of the Corporation or Society to which such Pilot sliall belong, or by any principal Officer of His Majesty's Customs (unless in any of the Cases aforesaid) it shall be unsafe for such Pilot to obey such Signal, or comply with such Requisition, or he shall be prevented from so doing by Illness or other sufficient Cause to be shown by him in that Hehalf ; and every Pilot licensed or to be licensed as aforesaid, who shall on any frivolous Pretext quit any Ship or Vessel, or decline the pilot- ing thereof, after he has been engaged to pilot the same, or after going alongside thereof, before the Service shall have been performed for which he was hired, and without Leave of the Captain of such Ship or Vessel (if in His Majesty's Service), or of tiie Master or other Person having the Command of such Ship or Vessel (if not in His Majesty's Service), shall forfeit for every such Offence any Sum not exceeding One hundred Pounds, nor less than Ten Pounds, and shall be liable to be dismissed from being a Pilot, or suspended from acting as such; at the Discretion of the Corporation or other Authority by whom such Pilot was licensed. [The other Sections of this Act do not relate to the Customs.] Q Q 594. PiLOTAnr, APPENDIX. 6" Geo. 4. c. 12i SCHEDULES rcferre SCHEDULE (A.) (1) - - - TABLE (A.) — TABLE of tlie Rates of Pilotage to be demanded and receiv< piloting Ships and Vessels within tl 7 Feet, 1 i FROM TO and 8 Feet. 9 Feet. 10 Feet. 11 Feet. 12 Fee under. 1 i £ s. d. ~£ s. d. £ s. d. £ s. d. £ s. d.\ £ s. Nore or Warps 3 13 6 4 2 9 4 12 5 1 3 ! 5 5 9 6 5 The Sea, Or- Gravesend, Chatham, ") 1 fordness, the Standgate Creek, or V 4 12 5 7 9 6 3 3 6 18 7 11 9 8 5 Downs,Hose-<| Blackstakes - -J ley Bay, and 1 Long Reach 4 16 6 5 12 3 6 8 7 2 6 7 18 3 8 14 vice versa | i Woohvicli or Blackwall - 5 5 9 6 1 6 6 17 7 11 9 8 10 3 9 4 L Moorings or London Docks 5 16 6 9 9 7 3 6 7 17 3 8 19 6 9 13 The Nore or 1 Gravesend, Standgate'' 1 Creek, or Blackstakes - ) 1 18 9 2 3 3 2 7 2 10 6 2 19 9 3 6 Warps, and- Long Reach or Chatham - 2 6 2 10 6 2 15 3 2 19 9 3 9 3 18 vice versS Woolwicli or Blackwall 2 15 3 3 1 9 3 8 3 13 G 4 2 9 4 10 Moorings or London Docks 3 4 6 3 10 9 3 17 3 4 2 9 4 16 6 5 6 r Long Reach 9 3 14 9 1 3 1 5 3 1 10 1 14 Gravesend Reach, and < vice versa Woolwich or Blackwall - I 3 1 7 G 1 1 12 3 1 16 9 2 4 3 2 13 Moorings or London Docks 1 7 6 1 14 2 6 2 6 2 15 3 3 4 Sheerness, Standgate \ Creek, or Blackstakes - ) 2 15 3 2 19 3 1 9 3 4 6 3 13 6 4 2 1 Chatham . . - 3 4 6 3 8 3 10 9 3 13 6 4 2 9 4 12 Woolwich or Blackwall - 18 6 1 2 1 4 9 1 7 6 1 16 9 2 6 Long Reach, and vice versa* Moorings or London Docks Sheerness, Standgate \ Creek, or Blackstakes j 1 7 6 3 4 6 1 3 11 3 8 1 14 3 10 9 1 3 16 9 2 6 13 6 4 2 9 2 15 4 12 - Chatham . - - 1 3 13 6 3 17 3 4 4 2 9 4 12 5 1 Woolwich or | Blackwall, J. and vice versa Moorings or London Docks 18 6 1 2 1 4 9 1 7 6 1 10 1 12 Sheerness, Standgate 1 Creek, or Blackstakes - ) Chatham - - - 3 13 6 4 2 9 3 4 17 3 6 6 4 4 9 3 4 4 2 9 1 4 12 12 1 5 13 1 5 1 5 10 Ships not having British Registers are to pay One Fourth more than Ships having British Registei by any Order of His Majesty's most Honourable Privy Council, be privileged to enter the Ports such Ships and Vessels not having British Registers shall pay tiie like Rates of Pilotage only as a For Haifa Foot exceeding the above Draughts of V.'ater, the medium Pri For removing a Ship or Vessel from Mooriti: For a Ship under 300 Tons - - - - 300 to GOO - - - 600 to 1,000 - - above 1,000 In tVe River Thames, above Gravesend ( For a Boat of a Class carrying an Anchor -{- - - Do. - ■ Do. (,- - - Do. - Do. And for each Man's Service (1) See § 25. ;« Geo. +, ('. 125. o in this Act. APPENDIX. 505 PlI.OTACr. - SCHEDULE (A.) y Pilots licensed by the Corporation of Trinity House of Deptford Strond, for limits In the said Table iriCntioned. 3 Feet. ■ 14 Feet. 15 Feet.'l6 Feet. 17 Feet. 18 Feet. 19 Feet. ' 20 Feet. 21 Feet. £ s. d.'£ i. dj£, s. (I. G 13 G I 7 7 3 I 7 IG 6 £ s. d. £ 8 14 9 i 9 s. d. £ s. d. £ s. d: £ s. d.\ £ s. d. 8 6 10 17 11 10 12 17 6 I 14 5 3 8 19 C 9 13 3 ,10 7 11 9 11 14 G 14 16 10 13 19 6 G 21 9 8 6 10 2 6 11 9 11 G :11 10 4 2 9 4 19 5 15 1 19 3 2 6 3 13 6 4 12 5 1 3 2 15 3 3 4 6 5 1 3 S 10 C 1 16 9 5 10 6 5 19 G 3 15 6 4 2 9 4 7 5 8 6 6 4 3 4 13 9 5 16 6 13 6 2 3 9 3 11 9 4 2 9 2 8 3 3 18 3 4 12 5 1 3 5 10 6 5 lOG 5 19 6 3 4 6 3 13 6 3 13 6 4 2 9 5 10 6 5 19 6 5 19 6 6 8 9 2 1 6 2 G 5 19 6 6 89 6 8 9 G 18 10 16 3 11 10 11 14 6 12 8 6 12 8 G ,13 2 3 5 5 6 4 3 7 2 6 2 13 4 5 6 5 1 3 5 19 6 6 8 9 4 2 9 4 12 6 8 9 6 18 13 3 G 15 14 3 6 IH 14 14 G 17 2 10 6 G 18 7 7 3 5 IG 7 2 6 8 1 2 17 6 4 13 9 5 10 6 6 8 9 6 18 4 12 5 3 6 6 18 7 7 3 2 15 3 7 7 3 7 16 6 6 15 3 8 3 9 9 4 3 2 5 1 3 5 19 6 18 11 9 21 19 11 22 20 10 3 23 5 1 6 4 G 23 24 16 9 18 7 3 5 3 6 5 16 7 7 3 7 16 6 2 19 9 7 16 6 8 5 6 G 8917 14 6 8 14 10 12 G 12 11 3 13 16 4 12 8 19 6 8 5 6 9 4 8 14 9 9 4 8 5 6 9 4 11 9 9 13 3 11 11 9 12 17 6 3 6 9 6 4 3 7 7 3 3 11 3 7 11 9 8 14 9 7 7 3 7 16 5 7 16 5 8 5 6 5 16 6 8 9 6 8 9 7 7 3 7 17 6 8 5 6 8 5 6 8 14 9 3 4 6 3 9 8 5 6 8 14 9 8 14 9 9 4 £ s. d. 16 II 3 24 16 9 27 12 9 13 3 11 U 9 13 16 5 10 6 9 13 3 23 Feet and upwards.! £ s. d. 18 8 25 2 3 26 13 6 10 12 6 12 15 3 ccept when such first-mentioned Ships shall be chiefly laden with Corn or other Provisions, or shall lis Kingdom, upon paying the same Duties of Tonnage as are paid by British Ships, in which Case iyablc by Sliips having British Registers. etween the Two Limits.— For intermediate Distances a proportionate Rate. ito a Dry or Wet Dock : - £0 15 1 1 1 U 6 2 2 Bove 4 Cwt. with a corresponding Tow Line - 2 Cwt . - - - nder 2 Cwt. C2 2 0~J Per Trip lor tlie whole Distance from I I J- Gravesend to London ; and in pro- 15 J portion for any Part of that Distance. lose Boats, Us. per Tide. U « 2 596 APPENDIX. 6" Geo. 4. 0.125. Pir.OTACE. Schedule (A.) — TABLE (B,)— A TABLE of tlie Rates of Pilotage to l)c (Icinaiided ami of Dover Castle, or his Lieutenant for tlie Time being, for piloting FROM TO Under 7 Feet. From 7 Feet to 10 Feet. 11 Feet. 12 Feet. 13 Feet. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. Nore, Sheeniess, ") Standgate Creek, > r. 5 7 17 8 i:j 3 9 9 10 4 9 Gravesend - -j The Downs -< Longreach 5 IG 8 8 G 9 9 10 4 9 n 3 j Blackwall or London - G 12 3 8 19 C 10 4 9 HOG 12 I 6 Standgate Creek Gravesend 3 6 2 3 17 4 8 2 4 19 5 10 3 From the several Rates mentioned in this Table B. there shall be deducted 5 per Cent. Ships not having British Registers are to pay One Fourth more than Ships having British Provisions, or shall, by any Order of His Majesty's most Honourable Privy Council, be privileged Ships, in which Case such Ships and Vessels, not having British Registers, shall pay the like Rates For Half a Foot, exceeding the above Draughts of Water, the medium Price between the Two Limits. For intermediate Distances, a proportionate Rate. For putting a Pilot on board, and for Pilotage of Ships and Vessels to the Anchorage in the Downs.* GO Tons and under 1.50. 150 Tons and under 250. 250 Tons and under 400. 400 Tons and under 600. GOO Tons and upwards. From off Dungeness to offj Folkestone ; the Church \ bearing N.N.W.by Compass J From off Folkestone to the") South Foreland, the Lights V in one - - - J From off the South Foreland) to the Downs - - -) £ s. d. 2 1 10 1 .■) £ s. d. :i 2 1 5 £ s. d. 3 10 2 10 1 10 £ s. d. 4 3 2 £ s. d. r, 5 4 4 3 3 * When the Pilot is put on board by a Boat from the Shore, One Seventh to the Pilot, and the remaining Six Sevenths to the Boat and Crew. Geo. 4. c.I25. ontinued. APPENDIX. 597 Pilotage. L'ceived by Pilots licensed by tiie Lord Warden of the Cinque Ports and Constable •hips and Vessels within the Limits in the said Table mentioned. 4 Feet. 15 Feet. IG Feet. 17 Feet. 18 Foet. 19 Feet. 20 Feet. 21 Feet. 22 Feet. 23 Feet and upwards. € .V. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. I 6 11 16 3 12 12 13 7 9 16 1 3 19 22 1 24 5 26 9 2 28 13 3 1 18 10 12 18 3 13 14 15 9 17 14 4 21 4 2 24 5 1 26 9 2 28 13 3 30 17 4 I 17 3 11 4 14 16 16 13 9 19 7 5 23 8 3 26 9 2 28 13 3 — — ; 1 3 G 12 3 7 3 3 7 11 4 8 5 4 8 16 4 9 7 4 — — — lien the Number of Cinque Port Pilots shall be reduced to 120. egisters, except when such first-inciitioiicil Ships shall be chiefly laden with Corn or other enter the Ports of this Kingdom, upon paying the same Duties of Tonnage as are paid by British Pilotage only as arc payable by Ships having British Registers. fp'or a Boat of a Class carrying an "J £ .v. end to London ; and in proportion for any Part of that Distance. oj And for each Man's Service in those Boats, 8j(. per Tide, ^ Q 3 598 A PPENDIX. 3" & l" Vict. c. 68. ;i" & 4° Vict. Cap. 68. Pii.oTAcjF. All Act to cnal)lc Iler Majesty in Council to authorize Ships and Vessels belonging to Countries having Trea- ties of Reciprocity with the United Kingdom to be j)iloted, in certain Cases, without having a licensed Pilot on l)oar(l ; and also to regulate the ]\fode in which Pilot Boats shall be painted and distinguished. (1) [7th Auffust 1840.] WHEllEAS by an Act pa.-sed in the Sixth Year of (he lleigii of His late Majesty King George the Fourth, intituled G4. c. 125. An Act for the Amendment of the Lmv resjjecting Pilots and P'dolaye, and also foi' the better Preservation of Floating Lights, Huoys, and Beacons, it is amongst other things provided, that from and aftci' the passing thereof it shall and may be lawful ior His Majesty, by and with the Advice of His Privy Council, ur by any Order or Orders in Council, to permit and autho- rize Ships and Vessels not exceeding the Burden of Sixty Tons, and not having a British Register, to be piloted and conducted without having a duly licensed Pilot on board, upon the same Terms and Conditions as are by that Act imposed on British Ships and Vessels not exceeding the like Burden : And wliereas it is by the said Act also provided and enacted, that nothing in that Act contained shall extend or be construed to extend to subject to any Penalty the Master or Mate of any Ship or Vessel, being the Owner or a Part Owner of such Ship or Vessel, and residing at Dover, Deal, or the Isle of Thanet, for conducting or piloting such his own Ship or Vessel from any of the Places aforesaid up or down the River Tliames or Medicay, or into or out of any Port or Place within the Juris- diction of the Cinque Ports : And whereas the said last-recited Proviso and Enactment has been found to prevent the Subjects of Foreign Countries having Treaties of Reciprocity with the Uiiited Kingdom from being placed on an equal Footing with the Subjects of the said United Kingdom in regard to Pilots and Pilotage, in conformity with the Spirit of the said Ti'ea- ties ; and i'.i order to remedy such Inconvenience it is expedient that t!ie Powers vested by the said tirst-recited Proviso in Her Majesty in Council should be extended in manner herein-after mentioned ; be it therefore enacted by the Queen's most Excel- lent iMajesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- TTer Majtsiy in inent assembled, and by the Authority of the same. That from Council may ;itid after the passing of this Act, whenever the Owner or antlionze Ships Q„.„^,,.s ^f ^ny Ship or Ships not having a British Register, but (1) See 8 & 9 Vict. Cap. 87. § 14. 3'> & 4." Vict. c. 68. APPENDIX. belonging to the Subjects of Foreign Countries liaving Treaties of Reciprocity with the United Kingdom, shall make it appear that he or they are deprived of the Benefit enjoyed by Brilish Subjects under the said recited Proviso and Enactment, it shall be lawful for Her Majesty in Council from Time to Time to make and issue Orders or Certificates under the Hand of the Clerk of the Privy Council, declaring thereby upon \\\i-A.t Terms, and subject to what Conditions, and within what Limits, and for how long such Ships in such Orders or Certificates mentioned may be piloted without having a duly licensed Pilot on board ; and from and after the granting of any such Order or Certificate, and so long as the same remains in force, the Master of any such Ship in such Order or Certificate men- tioned shall and may lawfully, and without being subject to any Penalty in that Behalf, conduct his said Ship without having a duly licensed Pilot on board, when and so long as he shall be conducting her within the Limits in such Order or Certificate mentioned, and in conformity with the Terms and Conditions thereby imposed, and without the Aid or Assistance of any other Person than the ordinary Crew of the said Ship : Provided always, that the said last-mentioned Provision, and the Orders or Certificates to be made and issued by virtue thereof, shall cease and be void on the passing of any general Act for the Regulation of Pilots and Pilotasje. 599 Pilotage. belonging to Countries having Treaties of Reciprocity witli tlie United Kin'/dorn to be piloted in cer- tain Caf;cs with- out having a licensed Pilot. When fore- going Pro- vision to cease. Sect. 2. And whereas by an Act passed in the Fourth Year of the Reign of His late Majesty King William the Fourth, intituled Aji Act for the Prevention of Smuggling, Provisions are made respecting the painting or tarring of Vessels or Boats employed on the Coasts of the United Kingdom in piloting, which Provisions are inconsistent with certain other Provisions contained in the said in part recited Act of the Sixth Year of the Reign of His said late Majesty King George the Fourth, and Doubts have arisen touching the Effect of such Provisions respectively ; be it therefore enacted. That so much of the said in part recited Act passed in the Sixth Year of the Reign of His late Majesty King George the Fourth as requires " that every Pilot Boat or Vessel or other Boat or Vessel in the Pilot Service of any Corporation or Society established by Law in relation to Pilotage, or of or belonging to any Person autho- rized to act as a Pilot by such Corporation or Society, shall at all Times and on every Station he fitted with Black Sides, and have the upper Streak next the Gunwale painted White," shall be and the same is hereby from henceforth repealed ; and from and after the passing of this Act every such Boat or Vessel as aforesaid shall be painted or tarred entirely Black, except the Name or other Description now required by Law to be painted on such Boat or Vessel. 3&4W.4, C.53. s. 13. Certain Paris of 6 G. 4. c. 125. s. 32. as to the Mode of paint- ing Pilot Ves- sels, repealed. Boats to be painted ortarrc entirely Black, except the Name, &c. Q Q 4' 600 AIM'ENDIX. 6" Geo. 4-. c. 78. Quarantine. Acts rolatiiiL; to Q.iiarjiiiiiit' ri'pealcil. Exceptions. fi" CJko. 4. Cap. 78. An Act to repeal the sevenil Lawsj rclatlnPENDIX. G"Geo. 4-. C.78. Penalty on Persons coming in such Vessels, or going on board, and quitting thcin before dis- charged from Quarantine, to suffer Imprison- ment for Six Months, and forfeit SCO/. For punishing Disobedience or refractory Behaviour in Persons under or liable to Quarantine, or u!' Ciuarantine or his Assistant, or other OlHeer of the Customs, autliorized to act in Ihat Belialf, and which Superintendent, Assistant, or other Officer as aforesaid is liereby required to make such Demand, his Bill of Health and Manifest, together with liis Log Book and Journal, under pain of forfeiting the Sum of One hundred Pounds if he shall wilfully refuse or neglect so to do. Sect. 17. And be it further ejiacted, That if any Commandei", Master, or other Person iiaving Charge of any Vessel liable to perform Quarantine, and on board of which the Plague or other infectious Disease or Distemper shall not then have appeared, shall himself quit, or shall knowingly ])erniit or suffer any Seaman or Passenger coming in such V(>ssel to quit such Vessel by going on shore, or by going on board any other Vessel or Boat, before such Quarantine shall be fully performed, uidess by such Licence as shall be granted by virtue of any Order in Council to be made concerning Quarantine as aforesaid, or in case any Commander or other Person having Charge of such Vessel shall not, within a convenient Time after due Notice given for that Purpose, cause such Vessel and the Lading thereof to be conveyed into the Place or Places appointed for such Vessel and Lading to perform Quarantine; then and in every such Case every such Commander, Master, or other Person as aforesaid for every such Offence shall forfeit and pay the Sum -of F'our hundred Pounds ; and if any such Person coming in any such Vessel liable to Quarantine (or any Pilot or other Person going on board the same, either before or after the Arrival of such Vessel at any Port or Place in the United Kingdom, or the Islands aforesaid), shall, either before or after such Arrival, quit such Vessel, unless by such Licence as afore- said, by going on shore in any Port or Place in the United Kingdom, or the Islands aforesaid, or by going on board any other Vessel or Boat, with Intent to go on shore as aforesaid, before such Vessel so liable to Quarantine as aforesaid shall be regularly discharged from the Performance thereof, it shall and may be lawful for any Person whatsoever, by any kind of necessary Force, to compel such Pilot or other Person so quitting such Vessel so liable to Quarantine to return on board the same ; and every such Pilot or other Person so quitting such Vessel so liable to Quarantine shall for every such Offence suffer Imprisonment for the Space of Six Months, and shall forfeit and pay the Sum of Three hundred Pounds. Sect. 18. And whereas Disobedience or refractory Behaviour in Persons under Quarantine or liable to the Performance of Quarantine, or in other Persons who may have had any Intercourse or Communication with them, may be attended with very great Danger to His Majesty's Subjects ; be it further enacted, That all Persons liable to perform Quarantine, and all G" Geo. 1. c. 78. APPENDIX. 61 1 Persons liaviiig liad any Intercourse or Communication with Qiarantikk. them, whether in Vessels or in a Lazaret or elsewhere, shall be subjeet, during the said Quarantine, or during the Time they shall J''^''sons having be liable to Quarantine, to such Orders as thev shall receive from ■J^^"''^""'*^ 1 ct • 1 , !• /^\ • I • * • f , "'"" them. the superintendent ot Quarantnie, or his Assistant, or irom the Principal Officer of the Customs at any Port or Place where there is no such Superintendent or Assistant, or from any other Officer of the Customs authorized to act in that Behalf, and the said Officers are hereby empowered and required to enforce all necessary Obedience to the said Orders, and in case of Necessity to call in others to their Assistance, and all Persons so called in are hereby required to assist accordingly ; and such Officers shall and they are hereby empowered and required to compel all Persons liable to perform Quarantine as aforesaid, and Persons having had any Intercourse or Communication with them, to repair to such Lazaret, Vessel, or Place, and to cause all Goods, Wares, and Merchandize, and other Articles comprised within any such Orders to be made as last aforesaid, to be conveyed to such Lazaret, Vessel, or Place duly appointed in that Behalf, in such Manner and according to such Directions as shall be made by Order of His Majesty in Council as aforesaid, or of the Lords or others of the Privy Council, or of any Two or more of them ; and if any Person or Persons liable to perform Quarantine as aforesaid, or any Person or Persons having had any Intercourse or Communication with him, her, or them, shall wilfully refuse or neglect to repair forthwith, when re- quired and directed so to do by such Officers as aforesaid, to the said Lazaret, Vessel, or Place duly appointed in that Behalf, or having been placed in the said Lazaret, Vessel, or Place, shall escape or attempt to escape out of the same before Quarantine duly performed, it shall and may be lawful to and for the said Quarantine Officers, and also the Watchmen and other Persons appointed to see Quarantine performed, and each of them, and they are hereby respectively required, by such necessary Force as the Case shall require, to comjiel every such Person so refusing or neglecting as aforesaid, and every such Person so escaping or attempting to escape as aforesaid, to re- pair or return to such Lazaret, Vessel, or Place so appointed as aforesaid ; and every Person so refusing or neglecting to Persons re- repair forthwith as aforesaid to the said Lazaret, Vessel, or fusing to repair Place, and also every Person actually escaping as aforesaid, shall "-^ *'^® Lazaret forfeit the Penalty of Two hundred Pounds. forflir^oo? Sect. 19. And be it further enacted. That it shall be lawful Persons quit- for any Constable, Headborough, Tithingman, or other Peace tjng Vessels Officer, or any other Person, to seize and apprehend any Person I'^bletoperform that shall, contrarv to the Provisions of this Act, have quitted Q'"a';antme,&c. , V tT 1 1- 1 1 , o ^ "^3y be seized. or come on shore rrom any Vessel liable to periorm Quarantine, or who shall have escaped from or quitted any Vessel under Quarantine, or from any Lazaret, ^''essel, or Place appointed in R R 2 612 Quarantine. APPENDIX. 60 Geo. 4. C.78. that Behalf, for the Purpose of carrying such Person before any Justice of the Peace or Magistrate ; and it shall be lawful for any such Justice of the Peace or Magistrate to grant his Warrant for the ai)prehencling and conveying of any such Per- son to the Vessel from whicli he or she shall have come on shore, or to any Vessel performing Quarantine, or Lazaret, from which he or she shall have escaped, or for the confining of any such Person in any such Place of safe Custody (not being a public Gaol), and under such Restrictions as to having any Communi- cation with any other Persons as may in the Discretion of any Justice of the Peace or Magistrate (calling to his Aid, if he shall see fit, any Medical Person) appear to be proper, until such Person can be safely and securely conveyed to some Place appointed for the Performance of Quarantine, or until Direc- tions can be obtained from the Privy Council as to the Disposal of any such Person, and to make any further Order or grant any further Warrant that may be necessary in that Behalf. Intercourse with Stations allotted for Quarantine of Vessels may be prohibited by Order in Coun- cil. Penalty on Per- sons embezzling Goods per- forming Qua- rantine, neg- lecting or de- serting their Duty, or per- mitting Per- sons, Vessels, &c. to depart without Au- thority, or giving false Certificates or damaging Good'^. Sect. 20. And whereas it may be necessary for the public Security to prevent all Communication whatever with Vessels performing Quarantine ; be it therefore further enacted, That it shall and may be lawful to and for His Majesty, His Heirs or Successors, by His or Their Order or Orders in Council, notified by Proclamation or published in the London Gazette, to pro- hibit all Persons, Vessels, and Boats whatsoever from going, under any Pretence whatsoever, within the Limits of any Sta- tion which by any Order or Orders in Council as aforesaid has been or maybe assigned for the Performance of Quarantine ; and if any Person whatsoever, after such Notification or Pub- lication of any such Order or Orders in Council, shall presume, under any Pretence whatsoever, to go with any Vessel or Boat within the Limits of any such Station, he or she shall for every such Offence forfeit and pay the Sum of Two hundred Pounds. Sect. 21. And be it further enacted. That if any Officer of His Majesty's Customs, or any other Officer or Person Avhat- soever, to whom it doth or shall appertain to execute any Order or Orders made or to be made concerning Quarantine, or the Prevention of Infection, and notified as aforesaid, or to see the same put in execution, shall knowingly and wilfully embezzle any Goods or Articles performing Quarantine, or be guilty of any other Breach or Neglect of his Duty in respect of the Vessels, Persons, Goods, or Articles performing Quaran- tine, every such Officer or Person so offending shall forfeit such Office or Employment as he may be possessed of, and shall become from thence incapable to hold or enjoy the same, or to take a new Grant thereof; and every such Officer and Person shall forfeit and pay the Sum of Two hundred Pounds ; and if any such Officer or Person shall desert from his Duty when 6° Geo. 4. c 78. APPENDIX. employed as aforesaid, or shall knowingly and willingly permit any Person, Vessel, Goods, or Merchandize to depart or be conveyed out of the said Lazaret, Vessel, or other Place as afore- said, unless by Permission under an Order of His Majesty, by and with the Advice of His Privy Council, or under an Order of Two or more of the Lords or others of His Privy Council ; or if any Person hereby authorized and directed to give a Certificate of a Vessel having duly performed Quarantine or airing, shall knowingly give a false Certificate thereof, every such Person so offending shall be guilty of Felony ; and if any sucli Officer or Person shall knowingly or wilfully damage any Goods performing Quarantine under his Direction, he shall be liable to pay One hundred Pounds Damages and full Costs of Suit to the Owner of the same. 613 Quarantine. Sect. 22. And be it further enacted. That if any Vessel ar- riving from the Mediterranean, or from any Port in Turkey or Africa, shall have undergone Examination by the proper Officer of Quarantine, and upon a Report of such Examination being made to the Lords or others of His Majesty's Privy Council their Lordships shall think proper to direct the Release of such Vessel from the Performance of Quarantine, it shall be lawful for such Officer and he is hereby required to grant to the Master or Person having the Charge or Command of such Vessel a Certificate in Writing of such Examination and Re- lease, and upon the Production of such Certificate to the Collec- tor or principal Officer of His Majesty's Customs, at any Poit in the United Kingdom, such Vessel shall be admitted to Entry without being liable to any further Restraint. Sect. 23. And be it further enacted, That after Quarantine shall have been duly performed by any Vessel, Person or Persons obliged to perform Quarantine as aforesaid, according to this Act, and to such Order or Orders made as aforesaid, and upon Proof to be made by the Oaths of the Master or other Person having Charge of such Vessel, and of Three or more of the Persons belonging thereto, or upon Proof to be made by the Oaths of Two or more credible Witnesses, before the Collector or principal Officer of the Customs at the Port where such Quarantine shall be performed, or at the Port nearest thereto, or before the Superintendent of Quarantine, or his Assistant at the Quarantine Station, or before any Justice of the Peace living near to the Port or Place, or when such Quarantine shall have been performed within anj' of the said Isles of Guernsey, Jersey, Alderney, Sark, or Man, before any Two Jurats or Magistrates of any of the said Isles respectively, that such Vessel, and all and every such Person and Persons respectively, have duly performed Quarantine as aforesaid, and that the Vessel and all and every Person and Persons are free from Infection, and after producing a Certificate to that Pur- R u 3 \'csscls from the Mediter- ranean, Turkey, or Africahaving underffone Examination and released from Quaran- tine, to be ad- mitted to Entry upon producing a Certificate of such Exami- nation. After Proof of Performance ot Quarantine, and proper Certi- ficate to that Effect, Vessels or Persons shall not be liable to further Deten- tion. 61 i QUAKANTJN*:. APPENDIX. 6" Geo. l-. c. 78- Goods liable to perform Qua- rantine shall be opened and aired, as directed by Order in Council, and Proof thereof to be made, &c. Persons forging or uttering false Certificates required by Order in Coun- cil guilty of Felony. pose, signed by the Chief Officer who superintended the Qua- rantine of the said Vessel, or Person acting for him, then and in the said respective Cases such Collector or principal Officer of the Customs, or the Superintendent of Quarantine, or his Assistant, or such Justice of the Peace, or such Jurats or Magistrates as aforesaid, respectively, are hereby required to give a Certificate thereof, and thereupon such Vessel, and all and every such Person or Persons so having performed Qua- rantine, shall be liable to no further Restraint or Detention upon the same Account for which such Vessel, Person or Persons shall have performed Quarantine as aforesaid. Sect. 24. And be it further enacted, Tliat all (xoods. Wares, and Merchandize, and other Articles liable to Quarantine as aforesaid, shall be opened and aired in such Place or Places, and for such Time and in such Manner, as shall be directed by His Majesty, His Heirs and Successors, by such Order or Orders to be made as aforesaid ; and after such Orders shall have been duly complied with, Proof thereof shall be made by the Oaths of the Master of the Lazaret or Vessel in which the Goods, Wares, and Merchandize, and all other Articles, shall have been opened and aired, and of one of the Guardians, or if there be no Guardians, then one of the Officers authorized by the Commissioners of Customs to act in the Service of Qua- rantine in such Lazaret or Vessel, or if there be no such Officer, then by the Oaths of Two or more credible Witnesses serving in the said Lazaret or Vessel, before the Superintendent of Quarantine or his Assistant, in case such Opening and Airing shall be had at a Port or Place where such Superintendent or Assistant shall be established, or otherwise before the principal Officer of the Customs authorized to act in the Service of Quarantine at such Port or Place, which Oath such Superin- tendent, Assistant, or principal Officer is hereby authorized to administer; and such Superintendent, Assistant, or principal Officer, as the Case may be, shall grant a Certificate of such Proof having been made, and upon Production of such Cer- tificate to the proper Officer of the Customs such Goods, Wares, and Merchandizes, and other Articles, shall be liable to no further Restraint or Detention, either at the Port or Place where such Quarantine shall have been performed, or at any other Place whereto they be afterwards conveyed. Sect. 25. And be it further enacted, That if any Person shall knowingly or wilfully forge or counterfeit, interline, erase, or alter, or procure to be forged or counterfeited, interlined, erased, or altered, any Certificate directed or required to be granted by any Order of His Majesty, His Heirs or Successors, in Council, now in force or hereafter to be made touching Quarantine, or shall publish any such forged or counterfeited, interlined, ei-ased, or altered Certificate, knowing the same to 6" Geo. 4. c. 78. APPENDIX. be forged or counterfeited, interlined, erased, or altered, or shall knowingly and wilfully utter and publish any such Cer- tificate with Intent to obtain the Effect of a true Certificate to be given thereto, knowing the Contents of such Certificate to be false, he or she shall be guilty of Felony. Sect. 26. And be it further enacted. That if any Person shall land or unship, or shall move in order to the landing or un- shipping thereof, any Goods, Wares, or Merchandize, Packets, Packages, Baggage, Wearing Apparel, Books, Letters, or other Articles from on board any Vessel liable to perform Quarantine as aforesaid, or shall knowingly receive the same after they have been so landed or unshipped, every such Person shall forfeit and pay the Sum of Five hundred Pounds; and if any Person or Persons shall clandestinely convey or secrete, or conceal for the Purpose of conveying any Letters, Goods, Wares, or Mercliandize, or other Articles as aforesaid, from any Vessel actually performing Quarantine, or from the Lazaret or other Place where such Goods, W'ares, Merchandize, or other Articles as aforesaid shall be performing Quarantine, every such Person so offending as last aforesaid shall forfeit the Sum of One hundred Pounds. 615 QUARANTI>E. Penalty on Persons landing Goods, &c. from Vessels liable to perform Qua- rantine, or receiving them, or secreting tliem from Ves- sels performing Quarantine, 100/. Sect. 27. And be it further enacted, That in case it shall at any Time happen that any Part of the United Kingdom, or the Islands of Guernsey^ Jersey, Alderney, Sark, or Man, or France, Spain, or Portugal, or the Low Countries, shall be in- fected with the Plague, or any other infectious Disease or Dis- temper as aforesaid, it shall and may be lawful to and for His Majesty, His Heirs and Successors, by His or Their Procla- mation, to prohibit or restrain all Vessels and Boats under the Burden of One hundred 'i'ons from sailing or passin-j out of any Port or Place of the United Kingdom, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man, or any of them, until Security be first given by the Master of every such Vessel or Boat respectively to the Satisfaction of the principal Officers of the Customs, or the Chief Magistrate of the Port Or Place from whence such Vessel or Boat shall sail, by Bond taken by such Otficer or Magistrate to the King, His Heirs or Successors, with sufficient Sureties in the Penalty of Two hun- dred Pounds, with Condition that if such Vessel or Boat shall not go to or touch at any Country, Port, or Place to be men- tioned for that Purpose in such Proclamation, and if neither the Master or other Person having Charge of such Vessel or Boat, nor any Mariner or Passenger in such Vessel or Boat, shall, during the Time aforesaid, go on board any other Vessel at Sea, and such Master or other Person having Charge of such Vessel or Boat shall not permit or suffer any Person or Persons to come on board such Vessel or Boat at Sea from ajiy other Vessel, and shall not during the Time aforesaid receive any R R 4 His Majesty in certain Cases may prohibit Vessels under ] 00 Tons from sailing until Bond be given by the Master with certain Conditions. 616 APPENDIX. G Geo. 4- c.78. QuAKANJiNE. (ioods or Merchaiitliz(! wliatsoever out of any other Vessel, then such Bond shall be void ; ibr the making of which Bond ronalty for "^ Fee or Reward whatsoever shall be taken ; and in case any- sailing witliout Vessel or Boat for which such Security shall be required by fjiving such such Proclamation sliall set sail or pass out of any Port or Place of the United Kingdom, or the Islands of Guernsey, Jersey, Alderney, Sarh, or Man, or any of them respectively, before Security be given as aforesaid, every such Vessel or Boat so sailing or passing out of any Port or Place contrary to the true Intent and Meaning of this Act, together with her Tackle, Apparel, and Furniture, shall be forfeited to His Majesty, His Heirs and Successors, and the Master of and every Mariner sailing in such Vessel or Boat sliall severally forfeit and pay the Sum of Two hundred Pounds. Security, For- feiture ot" ^'cs- sel, &c. PoWL'v to Ci;n- suls, &c. fo :idministCT Oatlis. Sect. '28. And be it further enacted, That the Consuls and- Vice Consuls of His Jtlajesty, His Heirs and Successors, shall- and are hereby empowered to administer Oaths in all Cases respecting Quarantine, in like Manner as if they were Magis- trates of the several Towns or Places where they respectively reside. Persons autho- rized to take Examinations may administer Oaths, and Ter- fcons swearing falsely or pro- curing others so to do shall be deemed guilty of Perjury. Sect. 29. And be it farther enacted, That in all Cases wherein by virtue of this Act, or any other Act hereafter to be made touching Quarantine, any Examination or Answer shall be taken or made upon Oath, the Person who shall be authorized and required to take such Examinations and Answers shall and may be deemed to have full Power and Authority to administer such Oatlis ; and if any Person who shall be interrogated or examined shall wilfully swear falsely to any Matter concerning which such Person shall depose or make Oath on such Examination, or in such Answer, or if any Person shall procure any other Person so to do, he or she so swearing falsely, or procuring any other Person so to do, shall be deemed to have been guilty of, and shall be liable to be prosecuted foi- Perjury, or Subornation of Perjury, as the Case may be, and shall suti'er the Pains, Penalties, and Punishments of the Law in such Case respectively made and provided. Superinten- dents at I'ot ts to be appointed. Principal Offi- cer of the Cus- toms to act as Superinten- dent of Quaran- tine in case of Absence, &c. Sect. 30. And be it further enacted, That all Superinteii'dents of Quarantine at the several Ports, and their Assistants, shall and may be appointed by any Instrument signed by the Com- missioners of Customs for the Time being; and every thing required to be done and performed by the Superintendent of Quarantine, or his Assistant, may, in case of the Absence or Sickness of such Superintendent or Assistant, be done and per- formed by such principal Officer of the Customs as shall be authorizetl to act in that Behalf. 6 6 " Geo. 4. c 78. APPENDIX. Sect. 31. And be it further enacted, Tliat the Publication in the London Gazette of any Order in Council, or of any Order by any Two or more of the Lords or others of His Majesty's ''"Ijl'^ation in Privy Council, made in pursuance of this Act, or His Majesty's ^(^JizJttTof" Royal Proclamation made in pursuance of the same, shall be Oniersin Coun- deemed and taken to be sufficient Notice to all Persons concerned cil,&c. sufficient of all Matters therein respectively contained. Notice. Sect. 32. And be it further enacted, That all Forfeitures and Recovery and Penalties that shall be incurred by reason of any Offence com- Application of mitted against this Act shall and may be recovered by Suit ^t^"'''''"^''- in any of His Majesty's Courts of Record in England or Ire- land, in which no Essoign or Wager of Law, or more than One Imparlance, shall be granted ; or in Scotland, by summary Action in the Court of Session, or by Prosecution before the Court of Justiciary there, or by Suit in any of His Majesty's Courts in the Islands of Guernsey, Jersey, Alderney, Sark, or Man ; and every such Forfeiture and Penalty shall belong and be given, Two Thirds to the Person who shall inform and sue for the same, and the Remainder to His Majesty, His Heirs and Successors. Sect. 33. Provided always, and be it further enacted. That it ^" T''°^^ ^''"^ shall not be lawful for any Person or Persons whatsoever to i,'^*"?"-^ ^^ commence, prosecute, enter, or file, or cause or procure to be England, Ire- commenced, prosecuted, entered, or filed, any Action, Bill, land, or Scot- Plaint, Information, or Prosecution, or Actions, Bills, Plaints, land '""^t be"' Informations, or Prosecutions, in any of His Majesty's Courts prosecuted, in England, Ireland, or Scotland, or any Proceeding or Pro- ceedings before any Justice of the Peace of any Countj-, Riding, Division, City, Town, Stewartry, or Place for the Recovery of any Fine, Penalty, or Forfeiture, Fines, Penalties, or Forfeitures, incurred by reason of any Offence committed against this Act, or against any Order or Orders made by His Majesty, His Heirs or Successors, in Council, or by Two or more of the Lords or others of His Majesty's Privy Council as aforesaid, unless the same be commenced, prosecuted, entered, or filed in the Names of His Majesty's Attorney General in England or Ireland, or Advocate in Scotland respectively, or under the Direction of the Commissioners of the Customs, and in the Name or Names of some Officer or Officers of the Customs in England, Ireland, or Scotland respectively ; and if any Action, Bill, Plaint, Information, or Prosecution, Actions, Bills, Plaints, Informations, or Prosecutions, or any Proceeding or Proceedings before any Justice as aforesaid, shall be commenced, prosecuted, entered, and filed in the Name or Names of any other Person or Persons than is in that Behalf before men- tioned, the same shall be and are hereby declared to be null and void. 618 Qlarantim:. Ill I'rosecutioiis by Officers of the Customs the Attorney Gene- ral in England or Ireland, or Advocate in Scotland, may stop Proceed- ings. APPENDIX. 6" Giio.4'. c. 78. Offences not being Felony, and Offences for which no specific Penalty is pro- vided, may be determined before Three Justices, who may fine or imprison. Application of Penalties. Answers of Per- sons having the Charge of Ves- sels shall be received as Evi- dence so far as relates to the Places from which Vessels came, or at which they touched, and the having been Sect. 34. Provided also, and be it further enacted, That in case any Prosecution, Suit, Complaint, or other Proceeding as aforesaid shall be eouinienced or depending by any Officer or Officers of th(! Customs for the Recovery of any Fine, Penalty, or Forfeiture, Fines, Penalties, or Forfeitures, incun-ed by reason of any Otfence committed against this Act, or against any Order or Orders made by His Majesty, His Heirs or Suc- cessors, in Council, or by any Two or more of the Lords or others of His Majesty's Privy Council as aforesaid, it shall and may be lawful for His Majesty's Attorney General in England or Ireland, or Advocate in Scotland respectively, to stop all further Proceedings therein, as well with respect to the Share of such Fine, Penalty, or Forfeiture, Fines, Penalties, or Forfeitures, to which any such- Officer or Officers shall or may claim to be entitled, as to the Share thereof belonging to His Majesty, if upon Consideration of the Circumstances under which any such Fine, Penalty, or Forfeiture, Fines, Penalties, or Forfeitures, may be incurred, it shall appear to them respec- tively to be fit and proper so to do. Sect. 35. And be it further enacted, That all Offences com- mitted against any of the Provisions of this Act for which no specific Penalty, Forfeiture, or Punishment is provided by this Act shall and may be tried, heard, and determined before any Three Justices of the Peace of the County, Riding, Division, City, or Place where such Offence or Disobedience shall happen ; and if any Person shall be convicted of any such Otfence or Disobedience he or she shall be liable to such Forfeiture and Penalty not exceeding the Sum of Five hundred Pounds for any Offence, or to such Imprisonment, not exceed- ing Twelve Months for any One Offence, as shall in the Discretion of the Three Justices who shall have heard and determined the same be judged proper ; and such Forfeiture and Penalty shall be paid. Two Thirds to the Person suing for the same, and the Remainder to His Majesty, to be applied as the Proceeds of other Forfeitures and Penalties are herein-before directed to be applied. Sect. 36. And be it further enacted. That in any Prosecu- tion, Suit, or other Proceedings againsl any Person or Persons whatsoever for any Offence against this Act, or any Act which may hereafter be passed concerning Quarantine, or for any Breach or Disobedience of any Order or Orders which shall be made by His Majesty, His Heirs or Successors, with the Advice of His Privy Council, concerning Quarantine and the Prevention of Infection, and notified or published as aforesaid, or of any Order or Orders made by Two or more of the Lords or others of the Privy Council aforesaid, the Answer or Answers of the Commander, Master, or other Person having 6" Geo. 4. (:.»78. APPENDIX. 'Charge of any Vessel to any Question or Interrogatories put to him by virtue and in pursuance of this Act, or of any Act which may hereafter be passed concerning Quarantine, or of any such Order or Orders as aforesaid, may and shall be given and received as Evidence, so far as the same relates or relate to the Place from which such Vessel shall come, or to the Place or Places at which such Vessel touched in the Course of the Voyage, and where any Vessel shall have been directed to perform Quarantine by the Superintendent o^ Quarantine or his Assistant, or where there is no such Superintendent or Assistant, by the principal Officer of the Customs at any Port or Place, or other Officer of the Customs authorized to act in that Behalf, they having been so directed to perform Quaran- tine, may and shall be given anxl received as Evidence that such Vessel was liable to Quarantine, unless satisfactory Proof shall be produced by the Defendant in any such Prosecution, Suit, or other Proceeding, to show that the Vessel did not come from or touch at any such Place or Places as is or are stated in the said Answer or Answers, or that such Vessel, although directed to perform Quarantine, was not liable to the Performance thereof; and where any such Vessel shall have in fact been put under Quarantine at any Port or Plade by the Superintendent of Quarantine or his Assistant, or other Officer of the Customs authorized as aforesaid to act m that Behalf, and shall actually be performing the same, such Vessel shall in any Prosecution, Suit, or other Proceeding against any Ferson or Persons whatever for any Offence against this Act, 4r any other Act which may hereafter be passed concerning Quarantine and the Prevention of Infection, or any Order or Orders which shall be made by His Majesty in Council, or any Two or more of the Lords or others of His Privy Council as aforesaid, be deemed and taken to be liable to Quarantine, without proving in what Manner or from what Circumstance such Vessel became liable to the Performance thereof. 619 QUARANTINJC. directed to per- form Quaran- tine shall be received as Evi- dence that Ves- sels were liable, unless Proof be made to the conwary, and the being per- forming Qua- rantine shall be Proof of Ves- sels being liable to perform it. Sect. 37, And be it further enacted, That if any Action or General Issue. Suit shall be commenced against any Person or Persons for any thing done in pursuance or execution of this present Act, or of any Order of Council made by virtue thereof, the Defendant or Defendants in such Action or Suit may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and in execution of the said Act ; and if it shall appear so to have been done then the Jury shall find for the Defendant or Defendants ; and if the Plaintiff shall be non- Treble Cosis. suited, or discontinue his Action after the Defendant or De- fendants shall have appeared, or if Judgment shall have been given upon any Verdict or Demurrer against the Plaintiff, the 620 APPENDIX. 6'Giio. 1. c.78. QuAiiANTiNE. Defendant or Defendants shall and may recover Treble Costs, and have the like Remedy ibr the same as the Defendant or Limitation of Defendants hath or have in other Cases by Law ; and that no Actions. such Action or Suit sliall be brought against any Person for any Matter or 'J'liiiig done in pursuance or execution of this Act, but witiiin the Space of Six Months after such Matter or Thins; sliall have been done. APPENDIX. 621 ORDERS IN COUNCIL. At tlie Court at Windsou, the 19tli Day of July 1825. Present, the King's most Excellent Majesty in Council. WHEREAS by an Act passed in the last Session of Par- Q"arantine. liamont, intituled An Act to repeal the several Laws relating to the Performance of Quarantine, and to make other Provisions in lieu thereof, it is amongst other things enacted, that from and after the First Day oi June One thousand eight hundred and twenty-five, all Vessels, as well His Majesty's Ships of War as others, coming from or having touched at any Place from whence His Majesty, His Heirs or Successors, by and with the Advice of His or Their Privy Council, shall have adjudged and declared it probable that the Plague or other infectious Disease or Distemper, highly dangerous to the Health of His Majesty's Subjects, may be brought, and all Vessels and Boats receiving any Person, Goods, Wares, and Merchandize, Packets, Pack- ages, Baggage, Wearing Apparel, Books, Letters, or any other Articles whatsoever, from or out of any Vessel so coming from or having touched at such infected Place as aforesaid, wdiether such Persons, Goods, Wares, and Merchandize, Packets, Pack- ages, Baggage, Wearing Apparel, Books, Letters, or other Articles, shall have come or been brought in such Vessels, or such Persons shall have gone, or Articles have been put on board the same, either before or after the Arrival of such Ships or Vessels at any Port or Place in the United Kingdom, or the Islands of Guernsey, Jersey, Alderney, Sark, or Man, and whe- ther such Vessels were or were not bound to any Port or Place in the United Kingdom or the Islands aforesaid, and all Persons, Goods, Wares, and Merchandize, Packets, Packages, Baggage, Wearing Apparel, Books, Letters, or any other Articles what- soever, on board any Vessels so coming from or Jiaving touched at such infected Place as aforesaid, or on board of any such Receiving Vessels or Boats as aforesaid, shall be and be con- sidered to be liable to Quarantine within the Meaning of the said Act, and of any Order or Orders which shall be made by His Majesty, His Heirs or Successors, by and with the Advice of His or Their Privy Council, concerning Quarantine and the Prevention of Infection, from the Time of the Departure of such Vessels from such infected Place as aforesaid, or from the Time when such Persons, Goods, Wares, Merchandize, Packets, G22 APPENDIX. [Order in Council, Qi'AHANTiNi:. Packages, Baggage, Wearing Apparel, Books, Letters, or other ' Articles shall have been received on board respectively ; and that such Vessels and Boats as aforesaid, and all Persons (as well Pilots as others). Goods, Wares, and Merchandizes, and other Articles as aforesaid, whether con)ing or brought in such Vessels or Boats, from such infected Place as aforesaid, or going or being put on board the same, either before or after the Arrival of such Vessels or Boats at any Port or Place in the United Kingdom or the Islands aforesaid, and all Persons, Goods, Wares, and Merchandize, and other Articles as afore- said, on board such Receiving Vessel or Boat as aforesaid, shall, upon their Arrival at any such Port or Place, be obliged to perform Quarantine in such Place or Places, for such Time and in such Manner as shall from Time to Time be directed by His Majesty, His Heirs or Successors, by His or Their Order or Orders in Council, notified by Proclamation, or pub- lished in the London Gazette; and that until such Vessels and Boats, Persons, Goods, Wares, and Merchandizes, and other Articles as aforesaid, shall have respectively performed and shall be duly discharged from Quarantine, no such Person, Goods, Wares, or Merchandize, or other Articles as aforesaid, or any of them, shall, either before or after the Arrival of such Vessels or Boats at any Port or Place in the United Kingdom or the Islands aforesaid, come or be brought on shore, or go or be put on board any other Vessel or Boat, in order to come or be brought on shore, in any such Port or Place, although such Vessels so coming from such infected Place as aforesaid may not be bound to any Port or Place in the United Kingdom or the Islands aforesaid, unless in such Manner, and in such Cases, and by such Licence, as shall be directed or permitted by such Order or Orders made by His Majesty, His Heirs or Successors, in Council as aforesaid ; and that all such Vessels and Boats, whether coming from such infected Place as aforesaid or being otherwise liable to Quarantine as aforesaid, and all Persons (as well Pilots as others), Goods, Wares, and Mer- chandize, and other Articles as aforesaid, whether coming or brought in such Vessels or Boats, or going or being put on board the same, either before or after the Arrival of such Ves- sels or Boats, at any Port or Place in the United Kingdom, or the Islands aforesaid ; and although such Vessels or Boats shall not be bound to any Port or Place in the United Kingdom, or the Islands aforesaid ; and that all Commanders, Masters, or other Persons having the Charge or Command of any such Vessels or Boats, whether coming from any infected Place, or being otherwise liable to Quarantine as aforesaid, shall be subject to all the Provisions, Rules, Regulations, and Restric- tions contained in the said Act, or in any Order or Orders which shall be made by His Majesty, His Heirs and Successors, in Council as aforesaid, concerning Quarantine and the Pre- 19th July 1825.] APPENDIX. 623 vention of Infection, and to all the Pains, Penalties, Forfeitures, QirARANxiNK. and Punishments contained in the said Act for any Breach or Disobedience thereof, or of any Order or Orders of His Majesty in Council made under the Authority thereof: And whereas, after reciting that certain Sorts of Goods and Merchandize are more especially liable to retain Infection, and may be brought from Places infected into other Countries, and from thence imported into the United Kingdom or the Islands aforesaid, it is likewise enacted, that all such Goods and Merchandize as shall be particularly specified for that Purpose in any Order or Orders made by His Majesty, His Heirs or Successors, in Council, concerning Quarantine and the Prevention of Infection as aforesaid, which shall be brought or imported into any Port or Place in the United Kingdom or the Islands aforesaid, from any Foreign Country or Place in any Vessel whatsoever, and the Vessels in which the same shall be brought, and also all Vessels which shall arrive from any Port or Place whatever under any alarming or suspicious Circumstances as to Infection, shall be subject and liable to such Regulations and Restrictions as shall be made by such Order or Orders of His Majesty, His Heirs or Successors, in (Council as aforesaid, respecting the same : His Majesty, under the Authority of the said above -recited Act, by and with the Advice of His Privy Council, doth hereby adjudge and declare it probable, that the Plague, or some other infectious Disease or Distemper, highly dangerous to the Health of His Majesty's Subjects, may be brought into the United Kingdom, or the Islands of Guernsey, Jersey, Alderney, Sark, or Man, by Vessels coming from the 31editerranecm, or from the West Barhary on the Atlantic Ocean, with or without clean Bills of Health, and also by the Importation into the United Kingdom, or the Islands aforesaid, of certain Goods, Wares, and Merchandizes herein-after enumerated, being the Growth, Produce, or Manufacture of Turkey, or of any Place in Africa, within the Streights of Gibraltar, or in the West Barhary on the Atlantic Ocean, from any Port or Place in Europe without the Streights, or on the Continent of A7nerica, at which there is not a regular Establishment for the Perform- ance of Quarantine, which shall have been declared sufficient for that Purpose by any Order of His Majesty in Council, notified by Proclamation, or published in the London Gazette, and His Majesty is therefore pleased, by and with the Advice of His Privy Council, to order, and it is hereby ordered ; Sect. 1. That all Vessels, as well His Majesty's Ships of War Vessels coming as all others (not having the Plague or such other infectious from the Medi- Disease or Distemper as aforesaid actually on board), coming terranean or 624- QUAIIANTINE. from West Barbary, and Vessels re- ceiving Persons or any Articles from such Ves- sels, and Per- sons and Goods coming in such Vessels,or being on board such receiving Ves- sels, liable to Quarantine. APPENDIX. [Order in Council, Places at which ■Quarantine is to be performed by Vessels with clean Bills of Health. from the Mediterranean^ or from the West Durhary on the Atlantic Ocean, with ole.-in Bills of Health, and all Vessels and Boats receiving any Person or Persons, Goods, Wares, or Merchandize, Packets, Packages, Baggage, Wearing Apparel, Books, Letters, or any other Articles whatever, from or out of any such Vessel, before such Vessel shall have performed and shall be duly discharged from Quarantine, whether such Person or Persons, Goods, Wares, or Merchandize, or other Articles as aforesaid, shall have come or been brought in such Vessel, or such Person or Persons shall have gone, or Articles have been put on board the same, either before or after the Arrival of such Vessel, and whether such Vessel was or was not bound to any Port or Place in the United Kingdom or the Islands aforesaid, sliall, together with all Persons (as well Pilots as others), Goods, Wares, and Merchandize, and other Articles as aforesaid on board thereof, perform such Quarantine for such Time, in such Manner, antl at such Places (1) as are herein- after directed. And all Commanders, Masters, and other Per- sons on board any such Vessel or Boat so liable to Quarantine as aforesaid, and all Persons who shall have any Intercourse or Communication with them, or any of them, shall forthwith repair to such Lazaret, Vessel, or Place as is herein appointed or shall hereafter be appointed in that Behalf, by any Order of His Majesty in Council as aforesaid, or of the Lords and others of the Privy Council, or any Two or more of them, for the Performance of Quarantine, and shall there perform Quaran- tine accordingly, under and subject to all the Pains, Penalties, Fines, Forfeitures, and Punishments, as well Pains of Death as others, to which any such Commander, Master, or Person is or may be by Law subject for any Refusal or Neglect to repair to such Lazaret, Vessel, or Place as aforesaid, or for any Escape or Attempt to escape therefrom, or for any other Breach or Disobedience of the Provisions, Rules, and Regu- lations of the said herein-before recited Act, or of this Order, or of any Orders which may hereafter be made as aforesaid. Sect. 2. And it is hereby further ordered, That all such Vessels so coming from the Mediterranean, or from the West Barbary on the Atlantic Ocean, as shall arrive with clean Bills of Health as aforesaid, and all such Receiving Vessels and Boats as aforesaid, and all Persons, Goods, Wares, and Merchandizes, and other Articles on board the same, shall respectively perform Quarantine in the Places herein-after appointed, except in the Cases herein-after otherwise provided for, that is to say, all such Vessels so arriving as last aforesaid as are or shall be bound to the Ports of London, Rochester, Faversham, (1) See§ 2. 19th July 1825.] APPENDIX. G25 and any Creeks or Places belonging to or within any or either Qiakantine. of the above Ports, shall perform Quarantine in Stmulgate Creek. Sucli of them as shall be bound to the Ports of Leighy Yarmoxith, Bridlington, Maiden, Blackneg and Clay, Scarborough, Colchester, Wells, Whitbg, Hartvich, Lynn, Stockton, Ipswich, Wisbeach, Sunderland, IVoodbridge, Boston, Neiocastle, Aldborough, Grimsby, Berwick, Southwould, Hull, and any Creeks or Places belonging to or within any or either of the above Ports, shall perform Quarantine in Whitebooth Roads, between Hull and Grimsby. Such of them as are or shall be bound to the Ports of Carlisle, Preston, Beaumaris, Whitehaven, Liverpool, Isle of Man, Lancaster, Chester, and any Creeks or Places belonging to or within any or either of the above Ports, shall perform Quarantine at Bromborough Pool, or in 3Iilford Haven. Such of them as are or shall be bound to the Ports of Samhuich, Newhaven, Portsmouth, Deal, Shoreham, Southampton, Dover, Arundel, Cowes, Rye, Chichester, and any Creeks or Places belonging to or witliin any or either of the above Ports, shall perform Quarantine at the Motherbank, near Portsmouth. Such of them as are or shall be bound to the Ports of Poole, Plymouth, Penryn, Weymouth, Looe, Truro, Lyme, Foivey, Penzance, Exeter, Fcdmouth, Scilly, Dartmouth, Givcek, and any Creeks or Places belonging to or within any or either of the above Ports, shall perform Quarantine at St. Just's Pool within the Mouth of the Harbour of Falmouth. Such of them as are or shall be bound to the Ports of Bridgewater, Gloucester, Sivansea, Minchcad, Chepstoxv, Bristol, Cardiff, and any Creeks or Places belonging to or within any or either of the above Ports, shall perform Quarantine at King Road and Portshute Pill. Such of them as are or shall be bound to the Ports of St. Ives, llfracombe, Cardigan, Padstoiv, Llanelly, Aberystwith, Bidefoi'd, Pembroke, Barnstaple, Milford, 626 APPENDIX. [Order in Council, Quarantine, or any Creeks or Places belonging to or within any or either of tlie above Ports, shall perform Quarantine at Mi/ford Haven aforesaid. Such of them as arc or shall be bound to the Islands o{ Jersey, Guernsey, Sarh, or Alderncy, or either of them, or any Part of them or either of them, shall perform Quarantine either at the Blotherbank near Portsmouth aforesaid, or at *S'^. Just's Pool, within the Mouth of the Harbour of Falmouth, aforesaid, being Places herein-before appointed for Perform- ance of Quarantine. Such of them as are or shall be bound to the Eastern Coast of Scotland, comprehending the Ports of Leith, Kirkaldy, Perth, Borroiostoness, Anstruther, Montrose, Alloa, Prestonpans, and Dunbar, Dundee, Aberdeen, or to any Member, Creek, or other Place belonging to, or within any or either of the above Ports, shall perform Quarantine in Inverheithing Bay. Such of them as are or shall be bound to the Western Ports of Scotland, comprehending the Ports of Poi't Glasgow, Oban, Port Patrick, Greenock, Pothsay, Stranraer, Irvine, Fort William, and Campbeltown, Ayr, Wigtown, or to any Member, Creek, or other Place belonging to or within any or either of the above Ports, shall perform Quaran- tine at Holy Looch, in the Fi-ith of Clyde. Such of them as are or shall be bound to the Northern Ports of Scotland, comprehending the Ports of • Inverness, Caithness, Zetland, and Orkney, Stornaioay, or to any Member, Creek, or other Place belonging to or within any or either of the above Ports, shall perform Quaran- tine in Cromarty Bay {\), in the Murray Frith. Such of them as are or shall be bound to the South-west Ports of Scotland, comprehending the Ports of Dumfries and Kirkcudbright, or to any Member, Creek, or other Place l3elonging to or within either of the above Ports, shall perform Quarantine at Carsthorn (2), at the Mouth of the River Nith. Such of them as ar© or shall be bound to any Port in Ireland, between Misse7i Head and Tiiskard, shall perform Quarantine in the Bay of Baltimore ; such of them as are or (1) Sec Order in Council, dated SOth September 1825, by which this Class of Vessels are to perform Quarantine at Inverkeithing. (2) See same Order, by whic-li this Class of Vessels arc to perform Quarantine at Holy Lock. 19th July 1825.] APPENDIX. G£Y shall be hound to any Port between Tushard and RaOdhi .shall QfAR.wrjNr. perform Quarantine in Lough Lame and the I'ay of Ce aired, aforesaid, shall be opened and aired, at the several Places herein-before respectively appointed for the Performance of Quarantine by such Vessels respectively, in the Manner and for the Time herein-after directed. Sect. 4. And it is hereby further ordered. That all Vessels Places at which not having the Plague or such other infectious Disease or Dis- Quaiantine is temper as aforesaid actually on board (except any Ship of War, J° be performed Transport, or other Vessel in the actual Service of Government, ?., ^T'^f ^„ 1 1 /-I 1 /. ^ • • ^cc PTT- n/r • ' without clean under the Command of a Lommi.ssioned Omcer ot His Majesty s Bills of Health. Navy,) arriving in the United Kingdom, and coming from the Mediterranean, or from the West Barhary on the Atlantic Ocean, which shall not be furnished with Clean Bills of HealUi, shall perform Quarantine either in Standgate Creek or Milford Haven, and nowhere else. And m case any such Merchant or other Ship or Vessel as aforesaid, coming from anj'" of the Places before described, and not furnished with a Clean Bill of Health, shall come or attempt to enter into any of the Outports of the United Kingdom, or any of the Islands aforesaid, the principal and other Officer of the Customs at such Port, or in such Islands, or the Governor or Chief Magistrate thereof, shall cause such Vessel to depart from thence immediately, and proceed to Standgate Creek or Milford Haven, to perform Qua- rantine ; and all Ships of War, Transports, and other Vessels in the actual Service of Government, under the Command of Commissioned Officers of His Majesty's Navy, coming from s s '2 ' 628 APPENDIX. [Order in Council, Quarantine, any of tlie said Places, and not being furnished witli Clean Bills ' of Health, shall perform Quarantine at the Motherhank, in a separate and distinct Place, to be appointed and marked out with Yellow Buoys for that Purpose, in the Centre of which Place a floating Lazaret, moored with Chains, shall be stationed, with a Yellow Flag constantly flying at the Mast-head ; and all Vessels and Boats receiving any Person, Goods, Wares, or Merchandize, Packets, Packages, Wearing Apparel, Books, Letters, or any other Articles whatever, from or out of any Vessel so coming from any of the said Places without Clean Bills of Health as aforesaid, shall perform the like Quarantine at Milford Haoen, Standgate Creek, or at tlie Motherhank respec' tively, in the same Manner as if such receiving Vessels or Boats had come from any of the said Places without Clean Bills of Health. No Boats to go within tlie Limits marked out. Vessels from Europe or America with enumerated Goods liable to same Quaran- tine as Vessels From the Medi- terranean. And no Persons, Vessels, or Boats whatsoever, other than the Vessels or Boats belonging to the Medical Attendant or Superintendent of Quarantine, or his Assistant, or other Boats regularly employed under the Authority of the Commissioners of the Customs in the Quarantine Service, shall go, under any Pretence whatever, within the Limits so marked out, except in Cases of special Necessity and Emergency, and with Per- mission first had and obtained from the Superintendent of Quarantine or his Assistant ; and all Vessels being furnished with Clean Bills of Health, and Boats liable to Quarantine which may be ordered to perform Quarantine at the Motherhank, shall come to an Anchor within the Limits of the said Yellow Buoys in such Place as shall be directed by the Superintendent of Quarantine or his Assistant, and shall be kept separate and apart from His Majesty's Ships of War, Transports, and Ves- sels in the Service of Government, and having Foul Bills of Health, which may be performing Quarantine within the Limits marked out by the said Yellow Buoys. Sect. 5. And it is hereby further ordered. That all Vessels coming from any Port or Place in Europe, without the Straits, or on the Continent of America, at which there is not a regular Establishment for the Performance of Quarantine declared sufficient by His Majesty in Council as aforesaid, and having on board any of the Articles herein-after enumerated (1) being the Growth, Produce, or Manufacture of Turkey, or of any Place in Africa within the Straits of Gibraltar, or in the West Barbary on the Atlantic Ocean, and all Vessels and Boats receiving any of the said Goods, Wares, or Merchandize, or other Articles as aforesaid, from or out of the said Vessels, shall, together with all Persons (as well Pilots as others), Goods, Wares, and Merchandize, and all Articles on board thereof, (1) See § 31. 19th July 1825.] APPENDIX. 629 perform the same Quarantine, for such Time, in such Manner, Quarantine. and at such Places respectively as is herein directed with respect to Vessels coming from the Mediterranean, or from the West Barhary on the Atlantic Ocean, with Clean Bills of Health. Sect. 6. Provided always, That in case it shall happen that any Vessels passinj^ Vessel being liable to Quarantine, and having a Clean Bill of *'^'-'''' •■eg"'ar Health on board, and bound to any of the Ports or Places ^"|'i'o"*|"'', aforesaid, shall have passed the Port or Place hereby appointed j„ cj^rtain Case') for such Vessel to perform Quarantine, either from the Com- perform Qua- niander or Master being ignorant of his Liability to perform lantine at sou.c the same, or from the said Vessel having been carried past the ot'"-''' Station, said Port or Place by Stress of Weather, or any other unavoid- able Circumstance, the said Commander or Master, upon Proof thereof being made by the Oath of such Commander or Master, and likewise of the Pilot (if any on board), to the Satisfaction of the Superintendent of Quarantine or his Assistant, or of the principal or other Officer of the Customs authorized to act in that Behalf, and that the said passing sucii Port or Place was not done intentionally, and with a view of evading the Regulations of Quarantine, may be permitted to proceed and repair to any other Port or Place appointed for the Performance of Quarantine, in the Discretion of such Superintendent or his Assistant or the principal or other Officer of the Customs authorized as aforesaid, keeping the proper Quarantine Signal hoisted during the whole Time ; and such Commander or Mas- ter shall there perform Quarantine with such Vessel, and all Persons, Goods, Wares, and Merchandizes, and other Articles on board, in the same Manner as if he had been bound to such Port or Place. Sect. 7. And it is hereby further ordered, That no Vessel liable Vessels liable to Quarantine, not bound to any Port or Place in the United ^^ Quarantine Kingdom or the Islands aforesaid, shall touch at or attempt ^j^g United to enter any Port or Place in the United Kingdom, or the Kin^^dom not Islands aforesaid (whether such Port or Place shall have been to enter any appointed for the Performance of Quarantine or not), except I'^'"* except for for Orders, or in consequence of Stress of Weather, or any Orders or under Damage, Loss, or Accidents of the Seas, the Circumstances jj^^j. " ** and Necessity of which shall be proved upon Oath as aforesaid to the Satisfaction of the Superintendent of Quarantine or his Assistant, or of the principal or other Officer of the Customs authorized to act in that Behalf, and that the Commanders and Masters of all such Vessels, by whom and with respect to which such satisfactory Proof shall have been made as aforesaid, shall be examined by such Superintendent or his Assistant, or the principal or other Officer of the Customs, and shall give true Answers upon Oath to the preliminary Quarantine Questions herein -after directed to be put to the Commanders and Masters. s s 3 n:}0 APPENDIX. [Older in Council, Quahantine. of all Vessels liable to peifoim Quarantine, and shall likewise strictly conform in all respects to all such Directions as they shall receive from such Superintendent or his Assistant, or the principal or other Officer of the Customs as aforesaid, as well with respect to their Stay or Continuance at such Port, and their Departure from thence, and repairing to any other Port or Place for that Purpose, as also with respect to all other Orders, Regulations, and Restrictions touching or concerning Quarantine ; and in default of making such satisfactory Proof, or giving true Answers to such Questions, or of obeying and e()nij)lying with such Directions, Orders, Regulations, and Restrictions as aforesaid, the said Commanders, Masters, or other Persons having the Charge of such Vessels shall be compclkid forthwith to proceed to Sea vvith such Vessels; and the said Superintendent or his Assistant, or the principal or other Officer of the Customs, shall use all necessary Means for that Purpose, calling to his Aid the Commanders or other Officers of any of His Majesty's Ships of War, if their Assistance shall appear to be necessary. Picliniinary Questions to be jnit to Masters of Vessels enter- ing any Port. Sect. 8. And it is hereby further ordered. That where any Vessel shall attcmj>t to enter into any Port or Place in the United Kingdom ov tlie Islands aforesaid, whether such Port or Place shall have been appointed for the Performance of Quarantine or not, the Superintendent of Quarantine or his Assistant (if there shall be such Superintendent or Assistant at such Port or Place), or if not the principal Officer of His Majesty's CustoiViS at such Port or Place, or such Officer of the Customs as siiall be authorized by the Commissioners of the Customs, or any Four or more of them, to act in that Behalf, shall go off to such Vessel, and shall, at a convenient Distance from such Ship or Vessel, keeping to Windward, demand of the Commander, Master, or other Person having charge of such Vessel Answers to the following preliminary Questions: Isi, What is the Name of the Vessel, and the Name of the Conunander or Master ? 2d Are you the Commander or Master ? Where does she bilon^i^? <^<1. From whence do you come? 4ih. To what Place are you bound ? 5ih. At what Ports have you touched since you left the Port of your Lading on your homeward Voyage ? 6th. Vv'hat Vessels have you had Intercourse or Commu- nication with on your Passage, and from whence did they come ? 7th. Did the Plague or any other infectious Disease or Distemper prevail in any Degree at the Place from whence you sailed on yair homeward Voyage, or at any of the Places m ]9th July 1825.] APPENDIX. 631 at which you have touched? If at anj', say at wliich, and Quarantine. when ? Are any Persons on board your Ship suffering under any infectious Disease, or have any Persons died or been ill of a Disease of that Nature in the homeward Passage ? And if any, what Number? And if any have died or been ill of such Disease, were their Bedding and Clothes destroyed? (TjT the Vessel shall have sailed from any Port or Place in Europe, \oithout the Straits, or on the Continent of America.) 8th. Have you on board any Goods enumerated in this List? {Handing vp a List of Articles enumerated.') If you have sjiccify the same, and whether they are of the Growth, Pro- duce, or Manufacture of Turkey, or of any Place in Africa M ithin the Straits of Gibraltar, or in the West Barbary on the Atlantic Ocean, or of what other Place ? Have you any Declaration to prove of what Place they are the Growth, Produce, or Manufacture ? (Tjf the Vessel comes from the Mediterranean, or from any other Place respecting tvhich there is any Order in Council in force concerning Quarantine.) 9th. Have you any, and what Bill of Health ? 10th. What Number of Officers, Mariners, and Passengers have you on board ? (A7id in Cases of Vessels coming from or having touched at any Port or Place on the Continent of America, or tlie Islands adjacent thereto, or coming from or having touched at any Ports in the West Indies, the following Questions are to be put in addition to the aforesaid Questions) : nth. In the course of your Voyage have any Persons on board suffered fi'om Sickness of any Kind ? What was the Nature of such Sickness, and when did it prevail ? How many Per- sons were affected by it, and have any of them died in the course of the Voyage ? 12th. How long after sailing from your Port of Lading, or having touched at any Port on the Continent of America, or the Islands adjacent thei'eto, or any of the Ports in the West Indies, Avas the first Appearance of Disease observed ? 13th. How had the Persons attacked been employed before they came oji board ? 14th. Had they been employed in loading or unloading the Vessel before she left the Port ? 15th. Had the Place Avhich they inhabited before they sailed the Reputation of being healthy, or was it subject particularly to the Fever incident to the Country ? 16th. Had the Fever been frequent in the Place before the Vessel sailed ? 17th. Did the Persons who were ill on board your Vessel fall sick nearly about the same Time, or within a few Days of s s 4 632 Ql'AKANTINE. Master of Ves- sel to answer such Questions. If Vessel liable to Quarantine she is to repair to the proper Station. APPENDIX. [Order in Council, each other; or did the Di.'3t)rder spread successively fron» one to another, and increase considerably ; or did it abate gradually and cease to multiply as the Distance from the Ports you sailed from or touciu'd at as aforesaid increased ? 18th. What was the greatest Number of Persons ill at the most sickly Period of your Voyage ? 19th. What were the whole Number of Persons on board your Vessel when you sailed ? 20th. What is the whole Number of Persons now ill on board your Vessel ? 21st. Can you state what were the Symptoms of Illness with which your Crew were first attacked, and what was the daily Succession and Change in them till their Death? 22d. Whether any, and what Medicines have been used, and what Methods have been adopted to prevent its spreading among the Crew ? 23d. Whether Attention has been paid to Cleanliness and Ventilation on board your Vessel ? 24'th. W^hen did you sail from the Port or Place from whence you took on board your outward Cargo, and at what Place did you touch before you arrived at the Port or Place where you took in your present Cargo ? 25th. Did you carry any Bill of Health with you to the Port or Place where you took in the Cargo you have now on board ? From what Place? Were the said Bills of Health clean, unclean, or suspected ? And such Commander, Master, or other Person having Charge of such Vessel shall, upon such Demand, give a true Answer to such Questions in Writing or otherwise, and upon Oath, or not upon Oath, according as he shall be required by such Superin- tendent or his Assistant, or principal Officer or other Officer of the Customs authorized as aforesaid, under such Pains and Penalties as are inflicted by the said herein-before recited Act.(l) And if it shall appear by the Answers so given to the said Questions that the said Vessel is liable to Quarantine, the said Commander, Master, or other Person having the Charge or Command thereof shall be directed to repair, and shall repair forthwith, with such Vessel to the proper Place appointed in that Behalf for the Performance of Quarantine, and shall not be permitted to remain in or enter into any Port or Place, other than the Port or Place so appointed as aforesaid, unless compelled by Stress of Weather, Damage, Loss, or other Injury unavoidably occasioned to the Vessel by the Perils of the Seas ; which Stress of Weather, Damage, Loss, or other Injury, and that the said Damage, Loss, or otiier Injury was (1) See 6 G. 4. c. 78. § 14. lOth July 1825.] APPENDIX. unavoidable and not wilfiiliy or intontionally done or occa- sioned, shall be made appear by the Oath and Examination of such Commander or Master, and of the Pilot (if any) on board, to the Satisfaction of the Superintendent or his Assist- ant, or of the principal or other Officer of the Customs autho- rized as aforesaid, at the Port or Place in which he shall be so detained, or into which he shall be so compelled to enter as aforesaid ; in default of which satisfactory Proof, or when the cause of such Vessel so coming in as aforesaid shall no longer exist, such Superintendent, Assistant, principal or other Officer of the Customs authorized as aforesaid, shall direct, and (if necessary) compel such Vessel to repair to the proper Place appointed in that Behalf for the Performance of Quarantine, and shall use all necessary Means for that Purpose. 633 Quarantine. Sect. 9. And it is hereby further ordered. That on the Arrival Questions to be of any Vessel liable to Quarantine, in any Port or Place put on Arrival hereby appointed for tlie Performance of Quarantine, the at Quarantine Superintendent of Quarantine or his Assistant, or, in case of Station, such Superintendent and his Assistant being otherwise neces- sarily engaged, tiie principal Officer of His Majesty's Customs at such Port or Place, or such Officer of the Customs as shall be duly authorized to act in that Behalf (together with the Medical Attendant in such Cases as shall be thought to re- quire his Assistance), shall go alongside such Vessel in a Boat (keeping to Windward), and shall see the Officers, Crew, and all other Persons belonging to or being on board such Vessel mustered on the Gangway, and the Superiutendeat of Qua- rantine or his Assistant, or such principal or other Officer of the Customs authorized as aforesaid, shall then and there, in the Presence of the Crew, put the following Questions to the Commander, Master, or other Person having Charge of the Vessel : 1st. What is the Name of the Vessel, and the Name of her Commander or Master ? 2d. Are you the Commander or Master? 3d. To what Port or Place does she belong ? 4th. When did you sail from the Port or Place from whence you took on board your outward Cargo, and at wliat Places did you touch before you arrived at the Port or Place where you took in your present Cargo ? 5th. Did you carry any Bill or Bills of Health with you to the Port or Place where you took in tlie Cargo you have now on board ? From what Places ? Were the said Bills of Health clean, unclean, or suspected ? 6th. From what Port or Place does she now come? When did you sail from such Port or Place, and at what Place or Places have you touched in the course of the Voyage ? 63t APPENDIX. [Older in Council, Ql.vkantine. Ttii. Have you any Bill or Bills of Health on boiirtl ? From what Place or Places ? Are the same clean, unclean, or suspected ? Produce tliem. {If the Vessel shall have sailed from any Port or Place in Euroi)e without the Straits, or on the Continent of America.) 8th. Of what Articles does your Cargo consist ? Have you on board any Goods enumerated in this List ? (Handing np a List of Articles enumerated.) if you have, specify tlie same, and whether they are of the (ilrowth. Produce, or Manufacture of Turkey, or of any place in Africa within the Straits of Gibraltar, or in the West Barhary on the Atlantic Ocean, or of what other Place? Have you any Declaration to prove of what Place they are the Growth, Produce, or Manufacture? 9th. At what Place or Places was the Cargo, or any Part thereof, taken on board ? On what Day did you arrive at the Place or Places where you took in the whole, or any and what Part of the Cargo? And on what Day did you sail from such Place or Places, and what Part of your Cargo was taken in at each Place, and when ? 10th. Did the Plague or any other infectious Disease or Distemper prevail in any Degree at the Places from whence you sailed, or at any of the Places at which your Cargo was taken on board, or at which you touched? If at any, say at which, and when ? 11th. Did you hear of any Report, or are you aware of any Suspicion having existed at the Time of your sailing, that the Plague or "any other infectious Disease prevailed at the Place IVom whence you sailed, or at any other Place in the Mediter- ranean (or in America, or the West Indies, as the Case may be) ? 12th. What Number of Officers, Mariners, Passengers, or other Persons have you on board ? Describe the Number of each. 13th. At what Port did you take on board your Passengers ? 14th. Were they Residents at that Place, or had they been embarked as Passengers on board any other Vessel from any other Places, and from what Places, and at what Time ? 15th. Do the said Officers, Mariners, Passengers, and other Persons consist of the same Individuals as were on board at the Port from which you sailed upon your Homeward Voyage? If any other Persons have been taken on board, or if any of your Officers, Crew, or Passengers have quitted your Vessel since you sailed from such Port, or before your Arrival at this Place, or if any other Alterations in that respect have taken place, specify the same, the Causes, and the Time or Times of such Alterations. IGth. What Number of Persons (if any) have died on board during the Voyage Outwards or Homewards, or at any Port at 19th July 1825.] APPENDIX. G'35 which you have touched ? When and in what Part of the Quahaktine. Voyage did such Person or Persons die ? Of what Disease or Distemper ? 17th. Have any of your Officers, Mariners, or other Persons of your Crew who sailed with you on your Outward Voyage died or left tiie Vessel ? 18th. In the course of your Voyage Outward or Homeward, or at any Port at which you have touched, have any Persons on board suffered from Sickness of any Kind ? What was the Nature of such Sickness ? When did it prevail ? How many Persons were affected by it ? Are there any Convalescents on board? Or are all Persons on board at present in good Health ? 19th. Were any of those who died, or who have been sick in the course of the Voyage, or at any Port at which you have touched, affected, or suspected to have been affected, by any infectious Disease or Distemper? Were the Bedding and Clothes of such deceased and sick Persons destroyed? If so, when and in what Manner? Were any of the Persons immediately employed about the Sick after- wards taken ill? If so, of what Disease, and in how many Days after having been so employed ? 20th. At M'hat precise Time did such Deaths happen? In how many Days after being indisposed did the Sick die ? What were the most obvious Appearances of the Disease ? 21st. Have you spoken to or otherwise had any Communi- cation with any Vessels at Sea during the Voyage? What were the Names of sueli Vessels, and to what Country, Port, or Place did they belong ? From Vihat Ports or Places were they coming, or at what Ports or Places had they touched on their Voyage, and to what Country, Ports, or Places were they bound? What was the Nature of the Communication held? What do you know respecting the State of Health on board such Vessel ? 22d. Have there been any Letters, Parcels, or other Articles delivered out of or received into your Vessel from any Vessel or Boat met with on the Voyage, or before or since your Arrival at this Place, and what were such Letters, Parcels, or Articles, and where were the same delivered or received, and into or out of what Vessel or Boat ? 23d. Have you any Packages or Parcels which you have taken charge of? If so, what are their Contents, and when and where did you take them on board ? 24th. What Pilots or other Persons from the Shores of the United Kingdom, or from the Islands of Scillijy Guernsey, Jersey, Aldcrney, Sark, or 3Ian, have been or are now on board your Vessel, or have had any Communication whatever with the Ship's Company, or any of the Passengers during the Voyage Homewards, or before or since your Arrival at this Place? If any such Pilots or other Persons have come on 636 Quarantine. Master to make Oath to the Truth of his Answers ; to deliver Log Book, 8cc. to Superintendent of Quarantine ; APPENDIX. [Order in Council, l)oarcl, and have afterwards quitted your Vessel, specify the Names of sucli Persons, and tlio Time, Manner, and Circum- stances of their so quitting your Vessel ? 25th. Did you leave any JJritish Vessels at any of the Ports you sailed from ? If you did, mention their Names and the Names of the Commanders? 26th. Were such Vessels loading, were they near their Departure, and whither were they bound ? 27th. Did you meet with any liritish Vessels at any of the Places you touched at ? If you did, say when, where, and what were the Names and Destinations of such Vessels, and to Avhat Ports or Places did they belong ? 28th. Do you know whether any Foreign Vessels, loading at the Port from which you sailed, were bt)und beyond the Straits of Gibraltar ? and if so, what were they, and whither were they bound ? 29th. Do you know whether any Person whatever employed in loading your Vessel, or in bringing any Articles into it, or having any Communication on board thereof, was taken ill during such Employment or Communication ? or whether, by the Absence of such^Person or Persons in the course of such Employment, any Suspicion was entertained of their having been taken ill ? If so, of what Disease ? 30th. Do you know whether or not your Cargo, or any Part thereof, had been long in Warehouse before its been taken on board ? If you do, say how long. Have you any Knowledge of its being packed or handled on Shore, or conveyed from Shore, or stowed on board by Persons affected with the Plague, or any other infectious Disease or Distemper? Sect. 10. And it is further ordered, That the Answers to the aforesaid Questions shall be taken down in Writing, and the Commander, Master, or other Person having the Charge of such Vessel shall solemnly make Oath to the Truth thereof before the Superintendent of Quarantine or his Assistant, or the principal or other Officer of the Customs authorized as aforesaid (as the Case may be), and such Superintendent of Quarantine or his Assistant, or such principal or other Officer of the Customs as aforesaid (with the Advice of the Medical Attendant, if such Advice shall be judged necessary), shall, according to the Answers returned to the Questions herein- before set forth, then appoint a proper Place or Station for such Commander, Master, or other Person having the Charge of such Vessel to repair to with such Vessel, who thereupon shall, as soon as possible, after having answered the foregoing Questions, repair with such Vessel to such Place or Station where the said Vessel shall be forthwith placed, and shall there })erform Quarantine accordingly ; the said Commander or Master or other Person having the Ciuvrge of such Vessel carrying with him the Log Book, Manifest, and all the Ship's 9 19th July 1825.] APPENDIX. 637 Papers, all of which he shall there deliver to the Supcriii- Quarantine. tendcnt of Quarantine or his Assistant, or to the principal or other Officer of the Customs authorized as aforesaid (as the Case may be), the said Log Book, Manifest, and Papers having been first immersed in Vinegar and fumigated ; and such Com- to make Oath mander. Master, or other Person having the Charge of such **^l°„ b'^^J^ Vessel, shall there solemnly make Oath to the Truth of the '^ Contents of such Log Book, to the best of his Recollection and Belief, or shall state and specify upon Oath in Avhat Particulars alone the same, or any Part thereof, is false and incorrect, and whether every particular Entry therein was made as soon after the Fact as possible ; and if not, for what Reason it was de- layed, and when it was made ; and also to the Truth of all the other Ship's Papers, before such Superintendent or his Assist- ant, or the principal or other Officer of the Customs autho- rized as aforesaid, and shall obey and conform to all such Directions as he shall then receive, touching the Performance of Quarantine, from such Superintendent or his Assistant, or the principal or other Officer of the Customs authorized as aforesaid. If suspicious Circumstances appear in the Answers, the Quarantine Of- ficers to trans- mit them to the Privy Council, and the Vessel to be put under special Guard. Sect. 11. And it is hereby further ordered. That in the Case of Vessels liable to Quarantine arriving at any of the Ports of the United Kingdom or Islands aforesaid, if any suspicious Circumstances shall appear in the Answers returned to the said Questions by the Commander or Master, or other Person having Charge of any such Vessel, or from any other Circum- stance, the proper Officer of the Customs at such Port or Island shall immediately transmit such Answers, and give Notice of the Cause of such Suspicion to the Lords of His Majesty's Most Honourable l^'ivy Council, and the Commissioners of His Majesty's Customs, and shall, without regard to the Bill of Health, whether clean or otherwise, order such Vessel to a Station distant from all other Vessels in the same Port or Place, and put her under special Guard, in order the more effectually to prevent all Communication therewith. Sect. 12. And it' is hereby further ordered, That all Vessels Time of Qua- liable to Quarantine as aforesaid, and being furnished with rantuie to be Clean Bills of Health, as well as the Crews and Passengers on board the same, shall perform a Quarantine of Fifteen Days, in the Manner heretofore practised, which Quarantine shall com- mence from the Time when such Part of the Cargo, if any, as is herein -after enumerated, shall have been delivered into a floating Lazaret in Standgate Creek or Milford Haven, in case the Ship or Vessel shall perform Quarantine in Standgate Creek or Milford Haven, or into the Lighters, or other proper Ves- sels appointed for that Purpose, in case the Vessel shall perform Quarantine at any of the Places herein-before appointed for the Perfortnance thereof by Vessels bound to any of the 15 Days. G38 (itIARANTINK. Day of Com- mencement. Goods from tlie Alediterranean, &c'. not enuuiO- rated to lie aired on board. Enumerated Goods to l>e removed for airing to the Place ap- pointed. Goods in Ves- sels from tlie Mediterranean, &c. not with Clean Bills of Health to per- form Quaran- tine in'a Lazaret at Milford Haven or Stand- gate Creek. APPENDIX. [Order in Council, Out-ports or Islands aforesaid ; but in Cases when? no Part of the (Jar;.T{) shall consist of" sucli (Miunieratcd (ioods, then such Quarantine ol' Fil'tecn Days shall coinnience on the Day on which the Master or other Person having Charge of such Vessel shall have arrived with such Vessel at the Station so appointed as aforesaid. Sect. 13. And it is hereby further ordered, with respect to all Goods, Wares, and Merchandizes coming from the Medi- terranean, or IVoni the West Borhari/ on the Atlantic Ocean, in Vessels furnished with Clean Bills of Health, That all such Goods, Wares, and Merchandizes, other than such as are herein- after enumerated (1), shall be aired and treated on board the Vessel in which they shall arrive according to the Manner heretofore practised respecting such Goods imported in Vessels furnished with Clean Bills of Health, and shall continue to be so treated for and during the Space of One Week ; and all such Goods, Wares, and Merchandizes as are herein-after enume- rated, so coming in Vessels with Clean Bills of Health, shall be removed from the Vessel to the Place appointed for that Pur- pose, and shall be aired and treated in the Manner heretofore practised with regard to such Goods, V/ares, and Merchandizes, and shall continue to be so treated for and during the Space of Fifteen Days. Sect. 14. And it is hereby further ordered, with respect to all Goods, Wares, and Merchandizes, and other Articles as afore- said, brought or imported in Vessels not having the Plague or other infectious Disease or Distemper as aforesaid actually on board, and which may arrive in any of the Ports of the United Kingdom or the Islands aforesaid, coming from the MediteV' raiiean, or from the West Barhary on the Atlantic Ocean, not being furnished with Clean Bills of Health, That such Goods, Wares, and Merchandize, and other Articles as aforesaid (such Vessel having first repaired to Standgate Creek or Milford Haven as herein-before directed), shall perform Quarantine in a floating Lazaret, either at Standgate Creek or Milford HaveJi., and nowhere else, in the Manner and for the Time herein-after mentioned. Quarantine Guardians to be placed on board infectious Vessels. Sect. 15. And it is hereby further ordered, That immediately after the Commander, Master, or other Person having Charge of every such Vessel so arriving with a Foul Bill of Health, or on board of which Infection shall have appeared, shall have undergone the Examination herein-before directed, and shall have arrived with his Vessel at the Station so appointed as aforesaid, Two Quarantine Guardians shall be placed on board (0 See§ SI. 19th July 1825.] APPENDIX. 639 such Vessel by the Superintendent of Quaiuntine or his Quarantine. Assistant. """ Sect. 16. And it is hereby furtlier ordered, That all Persons Letters, Regu- on board any Vessel under Quarantine may be permitted to have lationsfor Com- Communication with others by Letters, under the following "'""'f'li'o" •>y. Regulations and Restrictions, viz., An Officer appointed by the Superintendent of Quarantine shall daily, at a fixed Hour, go round the different Lazarets and Vessels in Quarantine to receive Letters, the usual Precaution of dipping such Letters in Vinegar, and putting them into the fumigating Box, being always first observed ; and such Letters shall remain in the fumigating Box until such Time as the Superintendent shall give Directions for taking them out to be forwarded, and no Person, except the said Superintendent of Quarantine or his Assistant, or one of the Guardians on board tlie Vessel, shall be permitted to deliver such Letters from such fumigating Box ; and the said Persons so hereby authorized to deliver the same shall take care, where several Letters or Papers are inclosed together, to slit open the Covers in manner prac- tised in ^the Lazarets of the Mediterranean. And all Letters to such Persons so under Quarantine shall be delivered to the Superintendent or his Assistant, and shall be distributed by him, or according to his Directions ; and no Communication or Conference shall be had by Persons not under Quarantine with Persons so under Quarantine, except by Permission, or in the Presence of the Superintendent or his Assistant, and under such Regulations and Restrictions as shall be directed by the said Superintendent. Provided always, that the Medical Attendant and Superin- tendent or his Assistant, or any other Person duly authorized by an Order in Council, may go on board any Vessel under Quarantine without such Medical Attendant or Superintendent, or his Assistant, being in any way subject to the Restraint of Quarantine. Sect. 17. And it is hereby further ordered, That a Night Night Watch Watch shall be regularly kept, and a sufficient Number of Guard to be kept. Boats and Officers shall be appointed, for the Purpose of pre- venting all clandestine Communications with Persons under Quarantine ; and all the Boats belonging to Vessels under Boats to be Quarantine, either at Standgate Creek, Milford Haven, or at the taken away, other Out-ports, shall be taken from them, and no Use made of such Boats, except for the Purpose of carrying Goods to the Lazaret, or, upon Occasions of Necessity, such Necessity to be determined by the Superintendent of Quarantine, and such Boats shall not be delivered up to the Commanders or Masters of such Vessels until the Expiration of the Quarantine to be respectively performed by them. No Commu- nication to be had with Parties under Quaran- tine excejjt in Presence of the Superintendent, 640 Quarantine. Siiperinlcndunt to provide Necessaries. APPENDIX. [Order in Council, Sect. 18. And it is herfby fnrtlicr ordered, That the Super- iiitendoiit of Quarantine or liis Assistant, or some other proper Person appointed l)y the Superintendent, shall, as often as required, atlbrd Assistance and provide Necessaries for the Persons under Quarantine, taking care to allow of no impro- per Communication witli the Persons employed for that Pur- pose, which Persons shall always place their Boats to Windward, and shall deliver, by means of Buckets, the Articles supplied by them. Guardi.iiis to Sect. 19. And it is hereby further ordered, That the Quaran- take care tl)at tine Guardians who shall be placed on board Vessels shall be notliinsr IS instructed to take especial Care that nothing whatever be te iverec rom (j^^iivered from on board such Vessels when under Quarantine Vessels witlK.ut ^vithout an Order in Writing from the Superintendent or his a written Order; Assistant, every such Order to be entered in a Book by one of the said Guardians, and the Original to be delivered back to the Superintendent or his Assistant; and nothing, however little susceptible it may be thought to be of Infection, shall be conveyed from one Vessel under Quarantine to another, nor any personal Intercourse be permitted from any such Vessel to another ; and One of the Quarantine Guardians, when thereto required by the Superintendent of Quarantine or his Assistant, shall accompany the Lighters and Boats which shall be employed in passing to or from the Vessel on board of which such Guardians are placed, during the Passage of such Lighters and Boats to and from such Vessel, in order to prevent any Com- munication in the Transit of the Cargo from the Vessel to any floating Lazaret, and shall take care, after every Removal of Goods, that no Remnants of Cotton, or of any other enumerated Article, remain in the Lighters' or the Boats, but shall, before leaving off work, collect and deliver such Remnants into the Lazaret with the last Package which they shall then carry from the said Vessel. to take care that Holds and Decks are swept ; Sect. 20. And it is hereby further ordered. That the said Guardians shall take care that, after the Discharge of the Cargoes into the Lazaret, the Holds and between Decks of the Vessels shall be completely swept, and the Sweepings burnt. to search Chests, &c. that no enumerated Article be not delivered to the Lazaret ; Sect. 21. And it is hereby further ordered, That the said Guardians shall diligently search the Lockers, Chests, and other Repositories of the Officers, Passengers, and Crews, and every Part of the Vessels, so that no Article so enumerated, nor any Matter or Thing considered as susceptible of Infection, remain undelivered to the Lazaret, unless what shall be declared by the said Superintendent or Medical Attendant to be requisite for daily Use, and shall see that all the said Chests, Lockers, and other Repositories, and all the Clothes and Bedding in the 19th July 1825.] APPENDIX. 641 Ves.sel be daily opened and aired, in such Manner as shall be Qiarantine, directed by the Superintendent of Quarantine. Sect. 22. And it is hereby further ordered, That One of the to report daily said Guardians shall make a daily Repoit to the Superintendent ^^ '" Healtli. of Quarantine or his Assistant, and to tlie Medical Attendant, of the State of Health of every Person on board, and whether the Regulations of Quarantine have been properly complied with ; and in case any Impediment shall occur in the Execution to give Notice of the Duties required of the said Guardians they shall give °^ Impediments Notice immediately to the Commander, Master, or other Per- ^^ *'"^ Master, son having Charge of the Vessel, in the first instance, and if thereupon such Impediment be not instantly removed they shall then give Notice thereof to the Superintendent of Qua- rantine, or his Assistant, who shall take care to use effectual Means for the Removal of the same. Sect. 23. And it is hereby further ordered, That if any Per- If Person on son on board shall fall sick, and any Medical Person shall be on board sick, Step's board the Vessel, such Medical Person shall confer with the *« ^^ '=i'^<^'" '*y Medical Attendant alongside the Vessel, the Medical Attendant *'''' Metlical keeping to Windward at a Distance of not less than Ten Feet; ' '^" and in case there shall be no Medical Person on board, and it shall be necessary for the Medical Attendant to inspect the Sick, the Visits shall be made at the Ship's Boat by the Medical Attendant in his own Boat, keeping to Windward at the like Distance of not less than Ten Feet ; and if any Patient, after being examined in the Manner before mentioned, shall be found to require such medical or chirurgical Aid as cannot properly be administered except in the Hospital Ship he shall be removed to such Hospital Ship. Sect. 24. And it is hereby further ordered, That iu case any Persons infected pestilential Disorder shall actually discover itself on board any to '^e removed Vessel, or among any of the Persons under Quarantine, the Per- ^" Hospital son or Persons affected with such Disorder shall be removed, "^' with all possible Care and Despatch, under the special Direction of the Superintendent of Quarantine and Medical Attendant, to the Hospital Ship, and proper Attendants shall be assigned to such Patient or Patients by the Superintendent of Quarantine, with the Advice of the Medical Assistant; and such Patient or Patients shall be visited at a due Distance by the said Medical Attendant ; and in case nearer Approach shall be required, some Persons shall be specially appointed by the Medical Atten- dant for that Purpose. Sect. 25. And it is hereby further ordered, That the Passen- Passengers and gers and Crev/ of any Vessel under Quarantine may have the Crew may have Assistance of any Medical Persons they may desire from the ' ^"'^*' Assist- Shore, subject to the official Visits of the Medical Attendant, shore.'°" 6+2 QUARAVTISE. Pilots how 10 be dealt with. Tf Pestilence appear Quaran- tine to recom- mence. "APPENDIX. [Order in Council, and to such Regulations and Rostrictions as tlio Superintendent of Quarantine, with tiie Advice of such Medical Attendant, shall judge necessary ; but all such Medical Persons, as well as all others, if they communicate by contact with the Sick, shall perform the same Quarantine as the sick Persons themselvess. Sect. 26. And it is hereby further ordered, That after the Quarantine Guardians shall have been placed on board any Vessel the Pilot may quit such Vessel, and be removed to the Hospital Ship, and continue under Quarantine until the pro- bationary Airing of the Goods, Wares, and Merchandizes as herein-after directed sliall be finished ; and at the Expiration of such probationary Airing such Pilot, if he continue free from Infection, shall be fumigated and discharged from Quarantine : Provided always, that during the Performance of such Quaran- tine such Pilot sliall not have Communication with any other Person, except under similar Restrictions to those herein directed with regard to other Persons under Quarantine. Sect. 27- Provided always, That in case any pestilential Accident shall occur among the Crew, Passengers, or other Persons on board any Vessel during the probationary Airing of the Goods, at whatever Stage of the Quarantine such Accident may happen, the Quarantine of all the Crew, Passengers, and other Persons, and of the Pilot (if there shall be a Pilot at that Time liable to Quarantine, in respect of his having been on board such Vessel), as well as of the Goods, Wares, and Mer- chandizes, shall recommence, and the sick Persons shall be sent to the Hospital Ship, the external Guard shall be immediately doubled, and Notice of such Accident shall be given, with all possible Despatch, to the Lords of His Majesty's Privy Council, that they may give such Orders thereupon as may appear to them to be nee ssarv. Vessels witli Plague on board how to act. Baggage, &c. of infectious Vessels to be sent to the I^azaret, Sect. 28. And for the better guarding against the Introduc- tion of the Plague into the United Kingdom, it is hereby ordered, That in the event of the Plague actually appearing on board any Vessel on her Voyage to any Port in the United Kingdom she shall immediately, if to the Southward of Cape St. Vincent, repair to some Lazaretto in the Mediterranean, there to perform Quarantine, and if to the Northward of Cape St. Vincent she shall immediately repair to Milford Haven, there to perform Qunrantine. Sect. 29. And it is hereby further ordered. That the Baggage, W^earing Apparel, Books, and every other Article belonging to any other Person on board any Vessel arriving as above men- tioned with a Foul Bill of Health, or on board of which Infec- tion shall have appeared, for which they shall have no immediate Occasion, shall be sent to the Lazaret for the Purpose of being 19th July 182.1] APPENDIX. 645 aired in like Manner as other Goods of the same Description ; Qiarantine. and before any of the Passeno;ers or Crew shall be discharged from Quarantine they, their Clothes, and other Effects whicii have remained vith them shall be fumigated. Sect. 30. And it is hereby further ordered, That immediately after the Pilot and such of the Passengers and Crew of the Vessels so arriving with Foul Bills of Health as may be permitted or directed to perform Quarantine as herein-before mentioned shall have quitted the Vessel in which they shall have arrived, the Hatches of such Vessel shall be opened, and the probationary Probationary Airing of the Cargo shall commence, which probationary Airing Airing, shall be in the following Manner ; viz. Such a Number of Bales of the enumerated Goods, Wares, and Merchandizes herein-after stated as can be ranged upon Deck shall be taken from the Hold, and the Seams at one or both Ends being I'ipped open, the Contents shall be handled as much as possible by the Sailors in Presence of One of the Guardians, and under this Process of handling and turning such Bales shall remain exposed to the Air for Six Days, and on the subsequent Day shall be put into a Condition to be, and shall accordingly be, delivered to the Lighter appointed to transport them to the floating Lazaret, and as soon as the Deck is cleared of the First Parcel of Goods, a Second Parcel shall be hoisted up, and treated in like Manner for the Space of Three Days, and on the subsequent Day shall in like Manner be put into such Condition, and shall be so delivered as aforesaid ; after w hich a Third Parcel shall be hoisted up and treated in the same Manner also for the Space of Three Days, and on the subsequent Day shall in like Manner be put into such Condition, and shall be so deli- vered ; but in case of any suspicious Circumstances arising the probationary Airings shall be extended to Eight, Six, and Four Days, making, with the Three intermediate Days, Twenty-one Days in the whole, or even to a greater Length of Time, if Circumstances shall require. Sect. 31. And it is hereby further ordered. That if the Enumerated Goods, Wares, and Merchandizes, which shall arrive in Vessels Goods in Ves- with Foul Bills of Health, the Articles hereinafter enumerated sels with Foul shall be carried to a floating Lazaret in Standgate Creek, or at ^''^^ °V^j^^*!' Milford Haven, there to be unpacked, opened, and aired, for *?^ "^ ^ the Space of Forty Days ; viz. Apparel of all Kinds. Bed Ticks. Artificial Flowers. Books. Bast, or any Article made Brooms of all Sorts. thereof. Brushes of all Sarts. Beads, Bracelets, or Necklaces Burdetts. in Strings. Cambletts. Beds. Canvass. «^ rj. Q 644 QUARANTINF. Carmenia Wool. Carpets. Cordage not tarred. Cotton Wool. Cotton Yarn. Cotton Thread. All Articles wholly made or mixed with Cotton, Silk, Wool, Thread, or Yarn. Down. Feathers. Flax. Furrier's Waste. Goats Hair. Gold or Silver on Thread, Cotton, Hair, Wool, or Silk, or any other Substance herein-before enumerated. Grogram. Hats, Caps, or Bonnets, of Straw, Chips, Cane, or any other Material. Hemp. Hoofs. Horn and Horn Tips. Hair of all Sorts. Leather. Linen. Lutestrings, Catlings, or Harp- strings. Maps. Mattresses. Mats and Matting. Mohair Yarn. APPENDIX. [Order in Council, Nets new or old. Paper. Packthread. Parchment. Pelts. Platting of Bast, Chip, Cane, Straw, or Horse Hair. Quills. Rags. Sails and Sail Cloth. Silks, viz. Crapes and Tiffanies. Husks and Knubs, Raw Silk. Thrown and Organzine Silk. Waste Silk. Wrought Silk. Skins, Hides, and Furs, and Parts or Pieces of Skins, Hides, and Furs, whether undressed, or in part or wholly tanned, tawed, or dressed. Sponges. Straw, or any Article made or mixed with Straw. Stockings of all Sorts. Thread. Tow. Vellum. Whisks. Wool, whether raw or anywise wrought. Yarn of all Sorts. And all other Goods whatever if they shall have arrived in or with Packages, consisting wholly or in part of any of the Articles above enumerated in this Class, unless such Goods shall be removed from such Packages as herein-after mentioned. Manner of expurgating such Goods. Sect. 32. And it is hereby further ordered. That the Expur- gation of the Goods, Wares, and Merchandizes enumerated as before mentioned, after they have been removed to the float- ing Lazaret, shall proceed in the following Manner; that is to say, All Bales of Cotton shall be opened from one End to the other, and so much taken out as to leave Room for handling daily the interior of the Bale. The following Articles, viz. Rags, Carraenia Wool, and Raw Wool, Hair, Goats Wool, 19th July 1825.] APPENDIX. 64-5 shall be taken out of the Bags or Bales, and shall be ranged Quarantine. in low Heaps, not above Four Feet high, and successively handled and rummaged. All Bales of Raw Silk, Silk Stracee (or Refuse), and Silk Thrown, shall be opened on one Side from End to End, the Cords loosened, and Way made, by removing a Number of Skeins, for the Porters to handle the Interior of the Bales ; and at the Expiration of Twenty Days, that Side of the Bale which has been opened being resewed, the other Side shall be ripped open, and the Contents handled and aired in the like Manner, till the Thirty-fifth Day, wlien the Bales shall be put in Order for Delivery. All Packages of Cotton, of Yarn, of Thread, of Silk Stuffs, of Cotton Stuffs, or Burdetts, of Camblets, and of Linen, shall be opened, and the Piece Goods piled in Rows, Lattice Fashion, or in Pyramids, turned every Four Days, and com- pletely spread out and suspended on Cords for several Days. Cases of Paper, Books, Parchment, Cases of Sponges, and Silk and Thread Stockings, shall be entirely unpacked, and the smaller Parcels separated from each otiier, and so disposed as to admit of thorough airing : Feathers, Straw Hats, Artificial Flowers, Coral Beads in String, Brushes shall be spread out in the same Manner, Carpets, Furs, Hides and Skins, shall be unbaled, and each Piece shall be spread and suspended on Cords, sometimes in the open Air, and frequently turned. All Goods packed in or with Straw, Cotton, or any other enumerated Article, or considered as susceptible, shall be entirely taken out of or separated from the same and carefully aired. All Goods enumerated above, concerning the Expurgation of which no particular Directions have been herein-before given, shall be unpacked, opened, aired, and handled in like Manner, so far as may be, as is herein-before directed, with regard to Goods of a similar Description. Sect. 33. And it is hereby further ordered. That after the Such Vessels Delivery of all the Goods, Wares, and Merchandizes enumerated *" perform as before mentioned into a floating Lazaret, the Vessel, with ^^".^'"""V^'' the Rest of the Cargo, shall then commence and perform ' ' Quarantine of Thirty Days, during which the Packages of the Goods, Wares, or Merchandizes, not enumerated, remaining on T T 3 6i6 Qlakamink. APPENDIX. [Order in (Council, boiird such Ship or Vessel sliall be frequently swept and shifted, and moved from Time to Time as much as possible, according to tlio Nature thereof, so as to admit of free Ventilation ; and at the Expiration of tlie said Thirty Days, if all Persons on board continue free from every Appearance of Infection, the Vessel, and sucli Part of the Crew, Passengers, and Cargo as shall have remained on board, shall be finally fumigated and discharged. and Muuiier of Time for deli- vering dried Fruits, Oil, Grain, i^vc. Sect. S4-. Provided alwayi^, That if all the Persons on board remain in Health, dried Fruits having been shifted from Baskets or other Packages made of Articles enumerated, or considered as susceptible, when such dried Fruits shall have been imported in such Packages, may be delivered in Twenty Days ; dried Fruits in Packages of Wood in Ten Days ; Barrels of Oil, the Bungs being first tarred, and the Barrels brushed, and then thoroughly w ashed in Sea Water, in Ten Days ; Grain, Pulse, and other Seed in Bulk, on the Eleventh Day, after having been passed through an Iron Grating, in order to detect any susceptible Matter that may be mixed therewith ; Grain, Pulse, and other Seeds in Sacks, or in Casks or Baskets of Rush Mat, being shifted into fresh Sacks or Packages in like Manner, on the Eleventh Day, being likewise passed through an Iron Grating ; but in all Cases where any Goods, Wares, or Merchandizes shall have been shifted from such susce]Jtible Packages as afore- said into fresh Packages, the said susceptible Packages shall be sent to the Lazaret to perform Quarantine, according to the Nature thereof, or shall be destroyed, or shall be dipped in the Sea, and then remain on board the importing Vessel till the Expiration of the Quarantine, at the Option of the Importer. Time of Qua- rantine for Goods to com- mence from the Day of Re- Tnoval from tlie importing Ves- sel. Time for Ves- sels to be reckoned from the Day on which Guar- dians are sent on board. Sect. 55. And it is hereby further ordered, Tliat the Quaran- tine of all Goods, Wares, and Merchandizes (as well such as are directed to be left in as such as are to be removed from the Vessel), in Cases where the Cargo shall consist partly of enumerated Articles and partly of non-enumerated Articles, shall commence and be computed from the Day on which the whole of the enumerated Articles shall have been removed from the Vessel importing the same, to be opened and aired in the Manner before directed (except as herein-before particularly excepted). Sect. 36. And it is hereby further ordered. That the Quaran- tine of Thirty Days to be performed by all Vessels arriving without Clean Bills of Health (1), but with Cargoes wholly consisting of Articles considered as not susceptible of Infection, and not enumerated, shall commence and be computed from (1) See § 33. 19th July 1825.] APPENDIX. 60 the Day on which the Quarantine Guardians shall be put on QtAaANTiNE. board. Sect. 37. And it is hereby further ordered, That all Vessels, Time for Ves- and all Persons, Goods, Wares, and Merchandizes on board scls with sus- thereof, arriving with suspected Bills of Health (commonly pt-'ctcd Bills of called touched Patents or Bills), shall respectively perform ca'"i' Quarantine, and be treated in the same Manner as above directed concerning Vessels arriving with Foul Bills of Health; and Persons, Goods, Wares, and Merchandizes, arriving in such Vessels, except only that such Vessels, Persons, Goods, Wares, and Merchandizes, so arriving with suspected Bills of Health, shall respectively be subject to Ten Days less Quarantine. Sect. 38. And it is hereby further ordered. That with respect Masters of to all Vessels M'hatsoever having on board any of the Articles * essels im- enumerated as before stated (1), and intending to import rai'd^G^"^"^^' the same into any Port or Place in the United Kingdom, or fj.Q,^ Ports the Islands of Guernsey, Jersey, Alderney, Sark, or Man, from without the any Port or Place in Europe without the Straits, or on the Straits or in Continent o^ America, at which there is not a regular Estab- America to lishment for the Performance of Quarantine, declared sufficient V'"^ ^ -.u^ ^' , T^- nr . ■ r^ •• p -1 ii TT 1 ration either by His Majesty in Council as atoresaid, the Master or other that such Goods Person having Charge of every such Vessel is hereby required are not the to bring with him a Declaration made by the Owner, Pro- Growth of prietor. Shipper, or Consignee of such Vessel, or of the Goods, Turkey, &c.. Wares, and Merchandizes enumerated as aforesaid on board the ^'^^^j^,^ ^A^^ same respectively, upon Oath before some Magistrate of the .^^^, j^j^ Growth. Port or Place from whence such Master or other Person having the Charge or Command of such Vessel shall have brought the said Goods, Wares, and Merchandizes, and attested by such Magistrate, and also by the British Consul or Vice Consul, or in case there shall be no British Consul or Vice Consul there, then by Two known British Merchants; in which De- claration it shall be stated, either negatively, that the said enumerated Goods, Wares, and Merchandizes are not of the Growth, Produce, or Manufacture of Turkey, or of any Place in Africa within the Straits of Gibraltar, or in the West Barbary on \he Atlantic Ocean; or affirmatively, of what Place they are the Growth, Produce, or Manufacture ; and if they are of the Growth, Produce, or Manufacture of any of the Countries last mentioned, then it shall be stated in such Declaration Avhether the said Vessel is or is not the same in which the enu- merated Goods, Wares, and Merchandizes, so imported, were brought from Turkey, or from any of the Countries last men- (1) See § 31. as to those Articles; but, by Order of 15tli September 1826, this Declaration is oi:ly required in respect of tlie Articles there men-, tioned. 1X4! QUAKAMINK. it' Vessel, llie same Miiiter to bring the Hill of Health. If Goods Iiavc been transhii)- l)cd, blaster to bring a Decla- ration whether they were im- ported into the Port of Tran . shipment with or witliout a Clean Bill of Health. APPENDIX. [Order in Council, I f none of the Goods are of the Growth of Turkey, &c. they are to be admitted to Entry. If Goods are of the Growth of Turkey, Sec, or if no Declara- tion is pro- duced, Vessel to perform Quarantine. tioiicd ; and in ease tiie Vessel is the saiue, the Master or other Person having tlie Ciiarge or Command of such Vessel is hereby required to bring with him the Bill or Hills of Health, granted at the Port wliere any such Goods were originally taken on board, or Copies thereof attested by a Notary Public ; and if the Vessel having on board such Goods, Wares, and Merchandizes shall be other than that in which they were imported into any Port or Place in Era-ope without tlie Slraits, or on the Continent of America, at which there is not a rcgidar Establishment for the Performances of Quarantine, declared sufficient by His Majesty in Council as aforesaid, the Master or other Person having the Charge of such Vessel is hereby required to bring with him a Declaration, made and attested in like Manner as the Declaration before mentioned, in which it shall be stated whether the said enumerated Goods, Wares, and Merchandizes Avere imported into the Ports of the Countries last mentioned in a Vessel with or without a Clean Bill of Health ; and such Master or other Person having the Charge of any such Vessel, if the same shall be bound to the Port of London, or to the River of Thames or Medway, shall forthwith produce such Declaration or Declarations (as the Ca.se may be) to the Superintendent of Quarantine or his Assistant at Standgate Creek, or if the same shall be bound to any of the Outports or Islands aforesaid, to the Superintendent of Quarantine or his Assistant, or to the principal or other Officer of the Customs authorized to act in that Behalf at such Outport or Place ; and if it shall appear that none of the said enumerated Goods, Wares, or JNIerchandizes on board such Vessel are of the Growth, Produce, or Manufacture of Turkey, or of any Place in Africa within the Straits of Gibraltar, or in the West Barbary on the Atlantic Ocean, such Vessel importing the same shall not be obliged to perform Quarantine, but shall, on Production of such Declaration to the Superintendent- or his Assistant, or to the principal or other Officer of the Customs as aforesaid, be admitted to an Entry in the usual and legal Manner ; but if it shall appear that such enumerated Goods, Wares, or Merchandizes, or any Part thereof, are of the Growth, Produce, or Manufacture of any of the Countries last mentioned, or if no such Declaration shall be produced by the Master, or other Person having the Charge of such Vessel as aforesaid, then the Superintendent of Quarantine or his Assistant, or the principal or other Officer of the Customs authorized to act in that Behalf as aforesaid, at the Port or Place at which such Vessel shall arrive, as the Case may be, shall take care that every such Vessel, as well as the Officei's, Crew, Passengers, and the entire Cargo on board the same, shall perform Quarantine, according to the Nature of the Case, at such and the same Places as are herein-before appointed for the Performance of Quarantine for the same Time, and in the same Manner as Vessels, their Officers, Crews, Passengers, and Cargoes, coming 19tli July 1825.] APPENDIX. from the Mediterranean, or from the West Harhanj on the Atlantic Ocean, with Clean Bills of Health, are herein-before respectively required to perform Quarantine. Provided always, that if the Master or other Person having Charge of any Vessel coming from any Port or Place what- ever, at which there is no regular Establishment of Quarantine ileclarcd sufficient by His Majesty in Council, shall bring witli him a Declaration on Oath made by the Owner, Proprietor, Shipper, or Consignee of such Vessel, or of the Goods, Wares, and Merchandizes on board thereof respectively, before the British Consul or Vice Consul residing at or near such Port or Place, to the same Purport and Effect as aforesaid, that then and in such Case the Declaration so made as last aforesaid shall have the like Force and Effect to all Intents and Purposes whatever as if attested and sworn before a Magistrate in manner aforesaid. 649 Quarantine. Sect. 39. And it is hereby further ordered. That all Vessels arriving in the Ports of the United Kingdom, or the Islands of Guernsey, Jersey, Alderney, Sark, or 3Ian, having come from the Mediterranean, or from the West Barbary on the Atlantic Ocean, which, with their Officers, Crews, Pas- sengers, and Cargoes, shall have previously performed Quaran- tine in the Lazaret of Malta, Ancona, Venice, Messina, Leghorn, Genoa, Trieste, or Marseilles, shall upon their Arrival be put under Quarantine in some of the Ports or Places herein-before appointed for the Performance of Quarantine, until the Com- mander, Master, or other Person having the Charge of such Vessel shall have produced to the Superintendent of Quarantine or his Assistant, or to the principal or other Officer of the Customs authorized to act in that Behalf, the proper Documents to prove that such Vessel, and the Officers, Crew, Passengers, and Cargo on board the same, have duly performed Quarantine in One of the Lazarets last mentioned ; and upon so producing such Documents the said Vessel shall not be obliged to perform Quarantine, but shall, together with the Goods, Wares, and Merchandizes on board thereof, remain at such Quarantine Station until duly released by Order in Council. Vessels having previously per- formed Quaran- tine to be detained until Proof made of such previous Performance. Sect. 40. And it is hereby further ordered, That all Masters or otlicr Persons having the Charge of any Vessels clearing Outwards from any Port or Place in the United Kingdom or tlie Islands aforesaid for any Port or Place in the Mediterranean, or in tlie West Barbary on the Atlantic Ocean, or for any Port or Place respecting which there shall at the Time of such clearing out be any Order of His Majesty in Council in force subjecting Vessels coming from thence to Quarantine, shall receive from the ]nincipal Officers of the Customs at such Port IMasters of Vessels clearing Outwards for the Mediterra- nean, &c. to receive an Ab- stract of Qua- rantine Regu- lations which is to be fixed on (550 Qua K A STINK. sonu" Part of the Vessel. APPENDIX. [Older ill Council, or Place a piiiitud Paper eontaiiiirig an Abstract of such Qua- rantine Regulations as shall be thought necessary to be most generally notified and observed by such Masters, their Officers, Crews, and Passengers on board ; and every such Master or other Person having Charge of any such Vessel shall cause the said printed Paper to be atiixed on some convenient and con- spicuous Part of his said Vessel, and there to remain so affixed until tlie Return of his said Vessel to some Port or Place in the United Kingdom or the Islands aforesaid, provided tlie said Vessel shall return to the United Kingdom or the Islands afore- said within Twelve Months. Such Masters Sect. 41. And it is hereby further ordered, That every to take Flags Commander, Master, or other Person having the Charge or for Signals; Command of any Vessel about to sail from any Port or Place in the United Kingdom or the Islands aforesaid for any Port or Place in the Mediterranean, or in the West Barhary on the Atlantic Ocean, or for any Port or Place respecting which there shall at the Time of such clearing out be any Order of His Majesty in Council in force subjecting Vessels coming from thence to Quarantine, shall, before his Departure, provide and take on board One or more of the Quarantine Signal Flags, and Lanthorns directed by the herein-before recited Act of Parlia- also Materials ment, and likewise a proper Quantity of Materials and Instru- for Fumigation, mcnts for Fumigation and Immersion, and shall keep the same on board, to be used in the Manner herein-before directed upon the Return of such Vessel to any Port or Place in the United Kingdom. Commanders of Ships of War meeting Vessels liable to Qua- rantine to pre- vent landing Goods from them. Sect. 42. And it is hereby further ordered, That the Com- manders of any of His Majesty's Ships of War who shall meet any Vessel liable to perform Quarantine, coming to any of the Ports of the United Kingdom, or of the Islands of Guernsey, Jersey, Alderney, Sark, or Man, shall take due Care to prevent the landing of any Goods, Wares, Merchandizes, or Persons from on board the same, until they shall be put imder the Direction of the Superintendent of Quarantine or his Assistant at Sta?idgate Creek or Milford Haven, or under the Direction of the Superintendent or his Assistant, or the principal or other Officer of His Majesty's Customs, authorized to act in that Behalf as aforesaid, at any of the Outports or Places herein- before mentioned. Commissioners of Customs to use their utmost Diligence to enforce Qua- rantine Regu- lations. Sect. 43. And it is hereby further ordered. That the Com- missioners and other Officers of His Majesty's Customs do use their utmost Diligence and Care that all Regulations for the Performance of Quarantine, before directed, be duly observed. Unh July 18'25.] APPENDIX. 651 Sect. 4-4. And it is hereby further ordered, That the Com- Quarantine. inanders of His Majesty's Ships of War, as likewise tlie Com- " raanders of His Majesty's Forts and Garrisons lying near the ci?'"'"'*f"\v'^'' ** Sea Coasts, and all Justices of the Peace, Mayors, Sheriffs, ^f Garrisons ' Bailiffs, Chief Magistrates, Constables, Headboroughs, Tithing Justices and men, and all other Officers and Ministers of Justice, shall be others to aid aiding and assisting to the said Superintendents of Quarantine therein, and their Assistants, and to the principal and other Officers of His Ma.jesty's Customs, and to all others that shall be concerned in stopping such Vessels as aforesaid, and in bringing them to the Places appointed for the Performance of Quarantine, as well as in enforcing due Performance thereof. Sect. 45. And it is hereby further ordered, That this Order Order to take and the Regulations herein contained shall take effect and be in effect from the force from and after the Date hereof. Date. Provided always, that the Regulation with respect to the Production of Declarations for enumerated Articles brought from any Port or Place in Europe^ without the Straits, shall commence and take effect on the First Day of November One thousand eight hundred and twenty-five, and for the like Articles brought from any Port or Place on the Continent of America on the First Day of January One thousand eight hundred and twenty-six, and not before ; until which respective Times such Proof shall be required and admitted as to the (irowth. Produce, and Manufacture of such Articles as shall be thought expedient, and shall be directed by the Lords and others of His Majesty's Privy Council, or any Two or more of them. Sect. 46. And the Lords Commissioners of His Majesty's Lords of the Treasury, the Commissioners for executing the Office of Lord Treasury, &c. High Admiral of Great Britain, the Lord Warden of the to give the Cinque Ports, the Master General and the rest of the principal '?^-*^^''\^:^^^ /^rr> p 1 /^ 1 TT- n T • > r>i -.it , Directions. Utiicers of the Ordnance, His Majesty s Secretary at War, and the Governors and Commanders in Chief for the Time being of the said Isles of Guernsey, Jersey, Alderney, Sark, and Man, are to give the necessary Directions herein as to them may respectively appertain. C. C. Greville. 652 Quarantine. So imicli of Order in Coun- cil of the 19th July 1825 as relates to the Performance of Quarantine at Cromarty Bay and Carsthorn revoked ; and Inverkeithing Bay and Holy Loch in the Frith of Clyde substituted for them. APPENDIX. At the Court at Windsoii, the 30th Day of September 1825. Present, The King's most Excellent Majesty in Council. WHEREAS by His Majesty's Order in Council of the Nine- teenth of July last it is directed, that all Ships or Vessels liable to Quarantine as are or shall be bound to the Northern Ports of Scotland shall perform the Quarantine at Cromarty Bay, and that sucli of them as are or shall be bound to the South-west Ports of Scotland shall perform their Quarantine at Carsthorn ; it is hereby ordered by His Majesty, by and with the Advice of His Privy Council, That so much of the said Order in Council as relates to the Performance of Quarantine at Cromarty Bay and Carsthorn be and the same is hereby revoked ; and His Majesty is pleased to order, by and with the Advice aforesaid, that all Ships or Vessels as are or shall be bound to the Northern Ports of Scotland, comprehending the Ports of Inverness, Caithness, Zetland, and Orkney, Stornaway, or to any Member, Creek, or other Place belonging to or within any or either of the above Ports, sliall perform their Quarantine at Inverkeithing Bay, and that such Ships or Vessels as are or shall be bound to the South-west Ports of Scotland, compre- hending the Ports of Dumfries, and Kirkcudbright, or to any Member, Creek, or other Place belonging to or within either of the above Ports, shall perform their Quarantine at Holy Lock in the Frith of Clyde. And the Right Honourable the Lords Commissioners of His Majesty's Treasury and the Lords Commissioners of tlie Ad- miralty are to give the necessary Directions herein as to them may respectively appertain. James Buller. (Copy.) Office of Committee of Privy Council for Trade, Sir, 15th September 182G. Declaration of It being now considered necessary to require Consular Decla- Origin required rations of Origin, as to the Produce or Manufacture of the for certam following Articles only, on their Conveyance to this Kingdom from Ports or Places in Europe, viz. Cotton, Wool, Silk, J'ofall Kinds, unmanufactured; Hemp or Flax, Hair, Goods only. APPENDIX. Leather, "| Skins, I Hides and Furs, I Carpets, ' ,. _ Ostrich Feathers and Sponges, [ ° ^ ' Rags, Cotton Yarn, j Mohair Yarn, and Feathers, J I am directed by tlie Lords of the Committee of Privy Council for Trade to acquaint you therewith, for the Inform- ation of Mr. Secretary Canning, and to convey their Lordships Request, that His Majesty's several Consuls in Europe may be instructed to pay strict Attention thereto. I am, &c. To Joseph Planta, Esq. (Signed) John Porter, itc. &C. &C. In the Absence of the Secretary. 653 Quarantine. Council Office, Whitehall, Sir, 27th August 1827. (I) The Lords of His Majesty's most honourable Privy Council having had under their Consideration various Petitions from Merchants and Ship Owners trading to the Mediterranean and the Levant, 'praying for Relaxations in the Laws relating to Quarantine ; and their Lordships having understood, from Com- munications they have had with the Committee of British Ship Owners and others, that in the event of such Relaxations being granted, there will be no Objection on the Part of such Mer- chants and Ship Owners to pay an additional Fee of One Guinea for each Vessel that shall be released from Quarantine, for the Purpose of relieving the Public from any additional Expence that may be incurred by the Appointment of Medical Superintendents; their Lordships have come to the Deter- mination of appointing Medical Superintendents at the regular Quarantine Ports where it may be thought necessary, and of directing and empowering the Superintendents of Quarantine at those Ports, under a Certificate from the Medical Superin- tendent that all Persons on l)oard are in good Health, and that no Danger is to be apprehended from any Disease of a suspicious Nature as to Infection having prevailed on board during the Voyage, immediately to release from Quarantine all Vessels arriving under the following Circumstances ; viz. 1st. All Vessels with Clean Bills of Health having non-enume- rated Goods only on board, coming from any Ports or Places in Certain Vessels to be released from Quaran- tine upon tlie Certificate of tlie Medical Superintendent, (1) See Order 26th September 1843. 6rA- APPENDIX. [Order in Council, Quarantine, the Mediterranean, undor the Dominion or Protection of Great JSritain ; or under the Dominion of France, Spain, Italy, Austria, or Sardiyiia. 2d. All Vessels arriving with Clean Bills of Health from any of the Ports or Places above described, having on board any of the following enumerated Goods, being the only enu- merated Goods for which Declarations of Origin are now required, viz. Cotton, Leather, Wool, Skins, Silk, Hides, Flax, Sponges, Hemp, Ostrich Feathers, Hair, Cotton Yarn, Furs, Mohair Yarn, Carpets, provided the Master of such Vessel shall produce Certificates or Declarations to prove that such Goods are not the Produce of Ttirkey, or of Africa within the Straits, or of West JBarhary on the Atlantic, or that they are the Produce of some other Country. 3d. Vessels with Clean Bills of Health arriving from any of the acknowledged Lazaret Ports within the Straits ; viz. Malta, Leghorn, Ancona, Genoa, Venice, Trieste, Messina, Marseilles, and having enumerated Goods on board, provided the Master of the Vessel shall declare upon Oath that he received the Goods on board from the Shore at such Lazaret Port. I am directed to communicate to you the above Determination of their Lordships, for the Information of the Commissioners of His Majesty's Customs, and in order that they may give the necessary Directions and Instructions to the Superintendents at the Quarantine Stations at Blilford, Liverjiool, Standgate Creek, and Deal to release all Vessels coming from any of the Places above described, and under the Circumstances above stated, having first put the usual Quarantine Questions, and having examined the Master, Crew, and Passengers of such Vessel, and having received from the Medical Superintendent a Certificate in the Form marked A. herewith transmitted. The Superintendent of Quarantine, on releasing any Vessel, shall deliver to the Master or other Person having the Com- mand of such Vessel, a Certificate, signed by the said Superinten- dent, according to the Form B. herewith transmitted, which Certificate the Master will produce at the Port of Entry, to the proper Officer of the Customs, to whom he will pay the 27th August 182T.] APPENDIX. 655 Fee due thereon, previous to the Vessel being admitted to Quarantine. Entry. That Part of the Fee which is payable to the Fee Fund of the Privy Council and Treasury is to be disposed of as at present. The additional Fee of 1/. 1*. which is to be charged in future on every Vessel released from Quarantine, and which is to defray the Expence of the Medical Superintendent, is to be placed to the Credit of His Majesty's Revenue of Customs. The Superintendents of Quarantine should be directed to transmit in the usual Manner tlie Quarantine Papers of the Vessels which may be so released, together with the Medical Certificate and Bill of Health for each Vessel. I am to add, that it is their Lordships desire that the above Regulations should be acted upon as soon as the Medical Superintendents shall have joined their respective Stations. The Quarantine Papers of Vessels liable to Quarantine, but not coming under any of the above Regulations (as well as those of any Vessels which may be detained under suspicious Circumstances), are to be forwarded for the Consideration of the Privy Council in the Manner hitherto practised. A sufficient Number of Blank printed Forms of the Certifi- cates marked A. and B. above referred to should from Time to Time be transmitted, by the Commissioners of His Majesty's Customs, to the Superintendents at the several Quarantine Stations. I am further directed to transmit the enclosed Draft of Instructions to the Medical Superintendent, and I am to desire that you will move the Commissioners of His Majesty's Customs to cause Copies of the same to be transmitted to the Medical Superintendents at the several Stations above mentioned, for their Information and Guidance. I am. Sir, Your most obedient humble Servant, Thomas Whitmore, Esq. C. C (iReville. A. — Form of Medical Certificate. No. I hereby certify. That I have examined the Crew and Pas- sengers on board the Ship Master, from having a Clean Bill of Health, aiul am of opinion that the Vessel, Crew, and Cargo may be immediately admitted to Pratique. (Signed) 856 Qi'ARaKTIKE. APPENDIX. B. [Order in Council, No. I hereby certify, That I have examined Master of the from with a Clean Bill of Health, bound to Avith a Cargo of and liaving received the proper Certificate from the Medical Su])erintendent, I have released the Vessel, Crew, Passengers, and Cargo from all Restraints of Quarantine. , The Quarantine Fee, 51. 14s. Gd., to be paid upon the Vessel being admitted to Entry. Transports from tlie Mediter- ranean to be treated as Men of War. Council Office, Whitehall, Sir, 27th November 1827. Having laid before the Lords of His Majesty's most ho- nourable Privy Council your Letter of the l^th instant, request- ing Information as to the Manner in which Transports arriving from the Mediterranean are to be treated with respect to the Performance of Quarantine, &c., I am directed to acquaint you, for the Information of %e Commissioners of His Majesty's Customs, that Transports are to be treated in all respects as Men of War, according to His Majesty's Order of 26th May last, both as regards their Release from Quarantine, Fees, &c. ; but that if any Suspicion of Contagion shall arise, the Superin- tendent of Quarantine must, in such Case, as a matter of course, place the Vessel under Quarantine, and take the Advice of the Medical Attendant. T. Whitmore, Esq. I am, Sir, ' Your obedient humble Servant, C.C. Greville. Sir, Certain Vessels The Lords may be released Consideration by the Qua- rantine Officer. Council Office, Whitehall, 26th September 1843. of Her Majesty's Council having had under the great Inconvenience experienced by the Shipping Interest upon the Arrival of Vessels from the Mediter- ranean, in consequence of the Delay occasioned by their being under the Necessity (more particularly on the Coast of Ireland) of anchoring at a Distance from their Ports of Destination, and waiting for the Visit of the Medical Officer ; I have been directed to state to you, for the Information of the Commis- sioners of Customs, that with reference to my Letter of the 27th August 1827, giving Authority for the Release from Qua- 4 '26th September I84.J5.] APPENDIX. 657 rantine of certain Vessels bj' Medieal Certifieate, tlioir Lord- Qiarantink ships are of opinion that tlie Visit by a Medical Man to the Vessels rei'erred to in (he before-mentioned Letter may in future be dispensed witii, and that all Vessels arriving under the following Circumstances may be released immediately (1) by the Visiting Quarantine Officer or Tide Surveyor after having received Replies to tlie Quarantine Questions, provided that all Persons on board are in good Health and free from any Suspicion as to any infectious Disease having prevailed on board during the Voyage ; viz. No. 1. All Vessels with Clean Bills of Health having non- enumerated Goods only on board coming from any Ports or Places in the Mediterranean under the Dominion or Protection of Great Britain, or under the Dominion of France, Spain, Italy, Atistria, Sardinia, or Greece, or Vessels arriving from West Barbary including Tangiers. 2dly. No. 2. All Vessels arriving with Clean Bills of Health from any of the Ports or Places as above described, having on board any of the following enumerated Goods, viz. Cotton, Skins, Wool, Hides, Silk, Sponges, Flax, Ostrich Feathers, Hemp, Cotton Yarn, Hair, Mohair Yarn, Carpets, Rags, Leather, provided the Masters of such Vessels shall produce Certificates or Declarations to prove that such Goods are not the Produce of Turkey, or of Africa within the Straits, or that they are the Produce of some other Country ; and a Certificate, if any Rags are on board, that they have been cleansed. 3dly. No. 3. Vessels with Clean Bills of Health arriving from any of the acknowledged Lazaret Ports within the Straits, viz. Malta, Messina, Ancona, Genoa, Venice, Leghorn, Trieste, Marseilles, having enumerated Goods on board, provided the Master of the Vessel shall declare upon Oath that he received the (ioods on board in free Pratique from the Shore at such Lazaret Port. I am fui'ther directed to state tlie Desire of the Lords of the Council that this Regulation may commence on the 11th of October next, it being understood that the Quarantine Papers of all Vessels arriving from Turkey and other suspected Places in ' (1) See Order, 11th October 1843, Page e5f<. V U 658 APPENDIX. [Order in Council, &c. Qdarantime. the Levant (not described in No. 1.) are to be forwarded to the Conimissioners of Customs, as at present, by the Quarantine Visiting Officer or Tide Surveyor without any Medical Visit, unless under some particular Circumstances which may make it necessary. I am, Sir, Your obedient Servant, C. Scovell, Esq. C. C. Greville. Destination at Council Office, Whitehall, Sir, 11th October 1843. In reply to your Letter of this Day's Date, stating the Request of the Commissioners of Customs to be informed, whether by the Order of the 26th ultimo, relative to the Release of Vessels Vessels from by the Visiting Officers or Tide Surveyors, it is the Intention certain Ports to Qf jjjg Lords of the Council that Vessels arriving from Ports T^l'l1!^*:L^'ir'^ and Places in the Mediterranean, under the Circumstances stated in the before-mentioned Order, should proceed at once to their Ports of Destination to be examined, or in the first instance to the regular Quarantine Stations, I am directed to state to you, for the Information of the Commissioners of Customs, that it is the Intention of their Lordships that the Vessels should be examined upon their first Arrival by the proper Officers, without proceeding to the Quarantine Stations, unless they should be required to be sent there under Suspicion as to Sickness or Deaths having occurred on board, or under some other suspicious Circumstances. I am, Sir, Your obedient Servant, W. L. Bathdrst. Council Office, Whitehall, Sir, 12th October 1844. I am directed by the Lords of Her Majesty's Privy Council to state to you, for the Information of the Commissioners of to^b^relcMed ^^"^ Majesty's Customs, the Desire of their Lordships that immediately. Instructions should be given to the Superintendents of Quaran- tine, at the different Ports, to release from Quarantine, imme- diately upon their Arrival, Her Majesty's Ships of War, as well as Foreign Men of War coming from the Mediterranean, pro- vided all Persons on board are in good Health, and have not been less than Fifteen Days on their Voyage after having touched at any Turkish Port in the Mediterranean. I am, Sir, Your obedient Servant, W. Maclean, Esq. Wm. L. Bathurst. t" Geo. 4-. e.77. APPENDIX. 6.59 4" Geo. 4. Cap. 77. An Act to authorize His Majesty, under certain Circum- stances, to regulate the Duties and Drawbacks on Goods imported or exported in Foreign Vessels ; and to exempt certain Foreign Vessels from Pilotage. (1) [18th Juhj 1823.] WHEREAS it is the Practice in manj' Cases, as well in iForeign Countries as in the United Kingdom, to charge higher Duties, and to grant smaller Drawbacks, Bounties, and Allow- ances, upon Goods, Wares, or Merchandize, when imported or exported in Ships or Vessels not belonging to the Country in which such Duties are charged, or Drawbacks, Bounties, or Allowances are granted, than are charged or granted when im- ported or exported in Ships or Vessels belonging to such Country : And whereas it is expedient that His Majesty should be empowered to allow the Importation or Exportation of any Goods, Wares, and Merchandize, in Foreign Vessels, upon Payment of the like Duties, and with the like Drawbacks, Bounties, and Allowances, as are now by Law paid or granted upon similar Goods, Wares, and Merchandize, when imported or exported in British Vessels from or to those Countries in which no other Duties are charged, or other Drawbacks, Bounties, or Allowances granted, upon the Importation or Exportation of any Goods, Wares, or Merchandize into or from such Country in British Vessels, than are charged or granted upon such Goods when imported into or exported from such Countries in Foreign Vessels : Be it therefore 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 from and after the passing of this Act, it shall and may be lawful to and for His Majesty, by and with the Advice of His Privy Council, or by His Majesty's Order or Orders in Council, to be published from Time to Time in the London Gazette, to authorize the Importation into or Export- ation from the United Kingdom, or from any other of His Majesty's Dominions, of any Goods, Wares, or Merchandize which may be legally imported or exported in Foreign Vessels, upon Payment of such and the like Duties only, and with the like Drawbacks, Bounties, and Allowances, as are charged or granted upon similar Goods, Wares, or Merchandize, when imported or exported in British Vessels ; provided always, that before any such Order or Orders shall be issued, satisfactory Reiiprocitv. His Majesty may, by Order in Council, authorize the Importation and Exporta- tion of Goods in Foreign Vessels, on Payment of same Duties, &c. as Btltisli Vessels. Proof to be first given, that (1) For Extension of this Act, see the following Act, 5 Geo. 4. c. 1. U U 2 APPENDIX. 4" (Iko. 4. c. 77- Proof shall have berii laid before His Majesty a>id His Privy (Council, that Goods, Wares, and Merchandize, imported into or exported from the Foreign Country in uiiose Favour such Remission of Duties, or such Drawbacks, Bounties, or Allow- ances shall be granted, are charged witli the sanif; Duties, and are allowed the same Drawbacks, Bounties, or Allowances, when imported into or exported from such Foreign Country in /British Vessels, as are levied or allowed on similar Goods, Wares, and Merchandize, when imported or exported in Vessels of such Country. Sect. 2. And be it further enacted, That it shall and may be lawful to and for His Majesty, by and with the Advice of His Privy Council, or by His Majesty's Order or Orders in Council as aforesaid, whenever it shall be deemed expedient, to levy and charge any additional Duty or Duties of Customs, or to with- hold the Payment of any Drawbacks, Bounties, or Allowances, upon any Goods, Wares, or Merchandize, imported into or exported from the United Kingdom, or imported into or ex- ported from any of His Majesty's Dominions, in Vessels belong- ing to any Foreign Countrj', in which higher Duties shall have been levied, or smaller Drawbacks, Bounties, or Allowances granted, upon Goods, Wares, or Merchandize, when imported into or exported from such Foreign Country in British Vessels, than are levied or granted upon similar Goods, Wares, and Merchandize, when imported or exported in Vessels of such Country ; provided always, that such additional or countervail- ing Duties so to be imposed, and Drawbacks, Bounties, or Allowances so to be withheld as aforesaid, shall not be of greater Amount than may be deemed fairly to countervail the Difference of Duty, Drawback, Bounty, or Allowance paid or granted on Goods, Wares, or Merchandize imported into or exported from such Foreign Country in British Vessels, more or less than the Duties, Drawbacks, Bounties, or Allowances there charged or granted upon similar Goods, Wares, or Mer- chandize imported into or exported from such Foreign Country in Vessels of such Country. Sect. 3. And be it further enacted. That such additional or countervailing Duties of Customs shall be levied, recovered, and applied, in such and the like Manner as any other Duties of Customs are now by Law levied, recovered, or applied. Such Duties Sect. 4. And be it further enacted. That His Majesty, by and inay be re- with the Advice of His Privy Council, or by any Order or moved, or again Orders in Council as aforesaid, is hereby empowered to remove, impose . ^j, again to im])ose, any such additional or countervailing Duty of Customs, or to renew or withhold such Drawbacks, Bounties, or Allowances, whenever it shall he deemed expedient so to do. fJfiO Reciprocity. in suci) Foreign Country Goods imported and exported in British Vessels pay the same Duties, &c. as if in Vessels of tlie Country. Additional Duties may be levied on Goods imported in Vessels belong- ing to Countries where higher Duties are im- posed on Goods imported in British Vessels, than when im- ported in Ves- sels of the Country. Duties to be levied as other Duties. 4." Geo. 4. c. 77. APPENDIX. 661 Sect. 5. And whereas it might tend to the Advantage of Reciprocitt. JSritish Vessels arriving in Foreign Ports, if Power was given to His Majesty to exempt Foreign Vessels of less Burden than ^°''^'|^[' ^^' Sixty Tons from the Oblis^ation of taking on board Pilots to ^t,^°, ^^f 1 . I. 1 T-k c 1 TT ■ 1 Tr- 1 liurden than conduct them into or from the Ports oi the United Kingdom, (^jxty Tons in all Cases in which British Vessels of less Burden than Sixty exempted from Tons are not required by Law to take Pilots ; be it therefore the Obligation enacted. That from and after the passing of this Act, it shall "'^ ^^'|'"^p?," and may be lawful for His Majesty, by and with the Advice of ^°'*^ ^ ctthem His Privy Council, or by any Order or Orders in Council, in i„t(, British all such Cases as aforesaid, to exempt Foreign Vessels, being of Ports, less Burden than Sixty Tons, from taking on board a Pilot to conduct them into or IVom any of the Ports of the United Kingdom ; any Law, Custom, or Usage to the contrary not- withstanding. Sect. 6. And be it further enacted. That a Copy of every Orders in Order in Council which may be issued under the Authority of Council to be this Act shall be laid before Parliament as soon after the ^^id before issuing thereof as may be practicable, if Parliament shall be sitting, and if it shall not then be sitting, within Thirty Days after the JMeeting thereof. uu 3 662 APPENDIX. 5Geo.4-. c 1. 5° Geo. 4, Cap. L RrcipRociTT. An Act to indemnify all Persons concerned in advising, issuing, or acting under a certain Order in Council, for regulating the Tonnage Duties on certain Foreign Vessels ; and to amend an Act of the la&t Session of Parliament, for authorizing His Majesty, under certain Circumstances, to regulate the Duties and Drawbacks on Goods imported or exported in any Foreign Vessels. [5th March 1824.] WHEREAS by an Act passed in the last Session of Parlia- ■i G, 4. 4-, 77. nient, intituled An Act to authorize His Majesty, under certain Circumstances, to regulate the Duties and Drawbacks on Goods imported or exported in Foreign Vessels, and to exempt certain Vessels from Pilotage, His Majesty is authorized, by and with the Advice of His Privy Council, or by His Majesty's Order or Orders in Council, wheneA'er it shall be deemed expedient, and under the Provisions in the said Act contained, to levy and charge any additional Duty or Duties of Customs upon any Goods, Wares, or Merchandize, imported into the United Kingdom, or into any of His Majesty's Dominions, in Vessels belonging to any Foreign Country, in which higher Duties shall have been levied upon Goods, Wares, or Merchandize, when imported into such Foreign Country in JBritish Vessels, than are levied or granted upon similar Goods, Wares, or Mer- chandize, when imported in Vessels of such Country ; provided that such additional Duties shall not be of greater Amount than may be deemed fairly to countervail the Difference of Duty paid or granted on Goods, Wares, or Merchandize, im- ported into or exported from such Foreign Country in British Vessels, more than the Duties there charged upon similar Goods, Wares, or Merchandize, imported into or exported from such Foreign Country in Vessels of such Country : And whereas His Majesty, by and with the Advice of His Privy Council, since the passing of the said recited Act, has been pleased to order, that there should be charged on all Vessels of the United States of America, which should enter any of the Ports of His Majesty's Possessions in America or the West Indies, with Articles of the Growth, Production, or Manufacture of the said States, a Tonnage Duty equal (as nearly as may be) to the Difference between the Tonnage Duty payable by Vessels of the United States, and the higher Tonnage Duty payable by British Vessels entering any of the Ports of the said United States from any Ports of His Majesty's Dominions in America or the West Indies; and by the said Order in 5 5°Geo.4.. c.l. APPENDIX. 663 Council, the Lords Commissioners of His Majesty's Treasury Reciprocitt. of tlie United Kingdom of Great Britain and Ireland were re- quired to give the necessary Directions accordingly : And where- as such Tonnage Duty hath been, and may be levied and paid upon and in respect of such Vessels accordingly : And whereas Doubts have arisen how far the Provisions of the said recited Act extend to the levying, by the Authority of the said Order in Council, additional Tonnage Duties upon the Vessels afore- said ; and it is expedient that all Proceedings under the said Order in Council should be sanctioned by Parliament ; and that all Persons concerned in advising, issuing, or carrying the same into execution should be respectively indemnified : Be it therefore 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 such Order in Council, Order in Coun- and any Directions or Warrants of the said Commissioners of cil for regu- His Majesty's Treasury accordingly, shall be deemed and taken 1^.*'"S certain to be good and valid in Law, to all Intents and Purposes what- declar^^^varid*^^ ever, as if the same had been specifically authorized by the and Persons said recited Act; and that all Persons concerned in advising, indemnified for issuing, or carrying into execution such Order in Council, or acting under the in issuing, giving, or advising any such Dii'ections or Warrants, same, and also all Persons having acted, or who may act under or in pursuance of, or in obedience to any such Order, Direction, or Warrant, shall be and they are hereby respectively indemnified for and on account of the same, and of any Act or Thing done in pursuance of, or in obedience to, or in conformity with any such Order, Direction, or W^arrant as aforesaid, as fully and effectually, to all Intents and Purposes Avhatsoever, as if any such Order, Direction, or Warrant had been given, and such Acts, Matters, and Tilings had been done, in pursuance of any Act or Acts of Parliament ; any thing in the said recited Act, or in any other Act or Acts of Parliament, to the contrary thereof in anywise notwithstanding. Sect. 2. And be it further enacted, That if any Action, Suit, Actions to be or Prosecution hath been or shall be commenced against any stayed. Person or Persons, for any Act, Matter, or Thing advised or done under such Order in Council, or under any such Direc- tions or Warrants as aforesaid, it shall and may be lawful for the Defendants or Defenders in such Actions, Suits, or Prose- cutions respectively, in whatever Courts such Actions, Suits, or Prosecutions shall have been commenced, to apply to such Court or Courts respectively to stay all Proceedings therein respectively by Motion in a summary Way, and such Court or Courts are hereby required to make Order for that Purpose accordingly ; and the Court or Courts making such Order shall award and allow to the Defendant or Defenders respectively u u \ 661 APPENDIX. ')" Geo. 4. c. 1. Kecipkocitv. Double Costs of Suit, for which they shall resj)C'ctively have the like Heiiiedy as in Cases where Costs are by Law given to Defendants or Defenders. His M.njcsty by Order in Coun- cil ni:iy dirett additional Ton- nage Duties to he levied on Vessels belong- ing to Countries M-here biglier Tonnage Duties are imposed on Britisli Vessels than on Vessels of such Coun- tries. Sect. 3. And be it further enacted, That from and after the passing of this Act, it shall and may be lawful to and for His Majesty, by and with the Advice of His Privy Council, or by His Majesty's Order or Orders in Coujicil. to be published from Time to Time in the London Gazette (whenever it shall be deemed expedient), to levy and charge any additional or coun- tervailing Duty or Duties of Tonnage, upon or in respect of any Vessels whicii shall enter any of the Ports in the United Kingdom of Great Britain and Ireland, or in any of His Majesty's Dominions, and which shall belong to any Foreign Country in which any Duties of Tonnage shall have been or shall be levied upon or in respect of British Vessels entering the Ports of such Country, higher or greater than are levied or granted upon or in respect of the Vessels of such Country: Provided always, that such additional or countervailing Ton- nage Duties, so to be levied and charged as aforesaid, shall not be of greater Amount than may be deemed fairly to counter- vail the Difference of Duty paid in such F'oreign Country upon or in respect of tlie Tonnage of British Vessels, more than the Duty there charged or granted upon or in respect of the Vessels of such Country. Ills Majesty by Order in Coun- cil may autho- rize the Entry of Foreign Ves- sels on Pay- ment of like Tonnage Duties as on British Vessels, upon certain I'roof. Sect. 4. And be it further enacted. That from and after the passing of this Act, it shall and may be lawful to and for His Majesty, by and with the Advice of His Privy Council, or by His Majesty's Order or Orders in Council, to be published from Time to Time in the London Gazette, to permit and authorize the Entry into any Port or Ports of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's Dominions, of any Foreign Vessels, upon Payment of such and the like Duties of Tonnage only as are or may be charged or granted upon or in respect of similar British Vessels : Provided always, that before any such Order or Orders shall be issued, satisfactory Proof shall have been laid before His Majesty and His Privy Council, that Vessels of the Foreign Country, in whose Favour such Permission shall be granted, are charged with no other or higher Tonnage Duties on their Entrance into the Ports of such Foreign Country than are levied on the Entry into such Ports upon the Vessels of such Country. Duties to be Sect. 5. And be it further enacted, Tiiat such additional or levied as Duties countervailing Tonnage Duties shall be levied, recovered, and applied in such and the like Manner as any Duties of Custouiis are now by Law levied, recovered, and applied. «f Customs. 5"Giio.4. c.l. APPENDIX. ■ GG5 Sect. 6. And be it further enacted, That His Majesty, by and Uki huomtv. with the Advice of His Privy Council, or by any Order or Orders in Council, as afori'said, is hereby empowered to remove l^"t'«^ '"^ly 'jc or again to impose any sucl> additional or countervailing Ton- rem^v ei , or nage Duties, whenever it shall be deemed expedient so to do. '*° Sect. 7. Provided always, and be it enacted, That this Act Act may be " ' alturcd tf Session. may be altered, varied, or repealed by any Act or Acts of this al*"''^''' *■'" present Session of Parliament. (JG6 APPENDIX. 6" & 7" W. 4. c. 28- G° & V GuL. 4. Cap. 28. Securitv An Act to enable Persons to make Deposits of Stock or i)v Deposit ok Exchcqucr Bills in lieu of giving Security by Bond to o^^c c. ^j^^ Postmaster General and Commissioners of Land llcvcnue, Customs, Excise, Stamps, and Taxes. [4th Jiihj 1836.] 1° & 2^ Vict. Cap. 61. An Act to amend an Act for enabling Persons to make Deposits of Stock or Exchequer Bills in lieu of giving Security by Bond to the Postmaster General and Commissioners of Land Revenue, Customs, Excise, Stamps, and Taxes. [31st July 1838.] [It is thought sufficient to notify only the passing of the Two above-mentioned Acts.] S-'StO^ViCT. C.65. APPENDIX. 667 8° & 9" Vict. Cap. 65. An Act to detennine the countervailing Duties payable Spirits from on Spirits of the Nature of plain British Spirits, the ^"^a^''*^'' Manufticture of Guernsey, Jersey, Alderney, or Sark, imported into the United Kingdom ; and to prohibit the Importation of rectified or compound Spirits from the said Islands. [31st July 1845.] WHEREAS, by the Laws now in force (1), Goods the Produce or Manufacture of the Islands of Guernsey, Jersey, Alderney, and Sark may be imported from the said Islands respectively into the United Kingdom, on Payment of such Proportion of such Duties as fairly countervail any Duties of Excise payable on the like Goods the Produce of the Part of the United Kingdom into which they are imported : And whereas the Duties of Excise payable on plain British Spirits the Produce of or distilled in England is Seven Shillings and Ten- pence upon every Gallon of such Spirits of the Strength of Hydrometer Proof, and Three Shillings and Eight-pence upon every Gallon of the like Spirits at the same Strength distilled in Scotland, and Two Shillings and Eight-pence upon every Gal- lon of the like Spirits at the same Strength distilled in Ireland ; but by reason of the Duty of Excise on Malt, being Materials from which such Spirits are made, and of the Duty of Excise on Licences to Distillers and Makers of Malt and Spirits, the Duties before mentioned cannot be taken as fair countervailing Duties on the like Spirits the Produce or Manufacture of the said Islands imported into any of the Parts of the United Kingdom aforesaid, and it is necessary therefore to determine the same : And whereas plain British Spirits, when imported from one of the said Parts of the United Kingdom into another, must be removed under the Provisions of the Laws of Excise, and subject, when so removed, to be dealt with in all respects as if the same had been distilled in the Country into which the same have been so removed : And whereas Spirits denominated British Brandy and British Compounds, distilled or made iu any Part of the United Kingdom, cannot be so removed, and there are no Duties of Excise payable thereon on which any countervailing Duty can be fairly estimated : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the Autho- rity of the same, That from and after tlie passing of this Act Countervailing the countervailing Duties to be charged on all Spirits of the Duties imposed by this Act. (I) See 8 & 9 Vict. c. 86. § 42. Cominis.sioner of Excise (j68 APPENDIX. 8- & 9" Vict. c. 65. Si'iiuTs Fiio.M Nature or Quality of plain British Spirits, manufactured or dis- Channel tilled in the Islands of Guernsey, Jersey, Alderney, or Sarh., I sland s. .^^^^j imported from any of the said Islands into the United Kingdom, shall be as follows; (that is to say,) For and upon every Gallon of sueh Spirits of the Strength of Hydrometer Proof, as ascertained by Sikess Hydrometer, imported into England, tlie Sum of Nine Shillings, and so in proportion for any greater Degree of Strength, or any greater or less Quantity : For and upon every Gallon of sucli Spirits of the like Strength imported into Scotland, the Sum of Four Shil- lings and Ten-pence, and so in ])roportion for any greater Degree of Strength or any greater or less Quantity : For and upon every Gallon of sueh Spirits imported into Ireland, the Sum of Three Shillings and Ten-pence, and so in proportion for any greater Degree of Strength, or any greater or less Quantity, Duties to be Sect. 2. And be it enacted. That the said several counter- under tlie Man- vailinij Duties shall be under the Management of the Commis- ement ot the siouers of Excise, and shall be collected, paid, and accounted for as Duties of Excise, and in the same Manner as any Duties of Excise now imposed on plain British Spirits manufactured in England, Scotland, or Ireland respectively, and removed from any one of the said Parts of the United Kingdom into any other, are directed to be collected, paid, and accounted for when made payable in that Part of the United Kingdom into which such Spirits are so removed, under any Law or Laws of Excise ; and the general and special Provisions, Clauses, Enactments, Regulations, Pains, Penalties, and Forfeitures con- tained in any Act or Acts jelating to the Collection and Management of the Revenue of Excise shall, so far as the same are applicable thereto, be applied to the Collection and Management of the said countervailing Duties and to this Act. Spirits of tiic Sect. 3. And be it enacted. That all Spirits of the Nature or Nature of plain Quality of \t\si\n British Spirits, manufactured in any of the manufecSJecr ^^'^"^^'^ aforesaid, and imported into any Part of the United in the Islands Kingdom, shall be denominated plain British Spirits, and and imported shall be imported only under such Denomination, and at the into the United like Strength, and in Casks of the same Size, and Vessels of Kingdom, to be {\^q same Tonnage, as the like Spirits manufactured in England^ enonnna cc Scotland, or Ireland raav be removed from one of the said plam critish „ c i tt • i tr- , ■ • , o • • Spirits, and im- "arts oi the United Kingdom into another; and the said Spirits, ported under when so imported from any of the said Islands, shall, tipon such the same Ilegii- Importation, and before landing, be entered under the like lations of Excise Denomination with the proper Officer of Excise at the Port at mov^dfrom" ^vllich such Spirits are imported, subject to the Provisions Scotland or aforesaid, and under the like Regulations, Pains, Penalties, and Ireland, &:c. Forfeitures as are imposed in such respect on plain British 8" & 9" Vict. o.65. APPENDIX. Spirits uiidor any Law or Laws of Exeiso, and subjocf. to tlio several Provisions, Clauses, and Enactments (except so far as altered by this Act) of any Law or Laws of the Customs respecting the Declaration and Certificate of Produce, and other Regulations required by the said last-mentioned Laws to be observed respecting Goods the Produce or Manufacture of any of the said Islands, and imported into any Part of the United Kingdom, and respecting such Goods when subject to any countervailing Duties or Regulations of Excise ; and all such Spirits so imported shall, on Arrival in England, Scotkmd, or Ireland respectively, be dealt with in all respects as if the same had been distilled and made in the Country into which the same have been so imported, and shall be removed by Permit as Spirits of the like Kind or Denomination are directed to be removed by Permit under the Laws of Customs and Excise ; and tlie Person or Persons to whom the same are sent for Sale shall have the same Privileges, and be subject to the like Licences, Regulations, and Penalties in respect of such Spirits, as Rectifiers, Dealers in and Retailers of Spirits in the Country into which such Spirits have been imported, and as if such Spirits had been distilled in the same. Sect. 4. And be it enacted, That no Spirits of the Produce or Manufacture of any of the said Islands, and imported into any Part of the United Kingdom, shall be deemed or taken to be plain British Spirits under this Act, unless the same are made and distilled from the same Materials as the like Spirits are directed to be made when distilled in the United Kingdom ; (videlicet,^ Malt, Corn, or Grain, or any Mixture thereof, or Sugar only, or Potatoes only, or Mangel-wurzel only ; and the Declaration and Certificate of Produce required by the Laws of the Customs shall specify the particular Materials aforesaid from which such Spirits have been manufactured ; and in case any Dispute arises thereupon, the Proof that such Spirits have been made and distilled from such Materials as aforesaid shall lie upon the Importer, Owner, or Claimer thereof; and if any such Declaration or Certificate as aforesaid is found to be false in any of the Particulars aforesaid, or in any Particular therein mentioned, and required to be inserted therein by the Laws of the Customs, all the Spirits imported thereon, or to which such Declaration or Certificate relates, shall be forfeited, and may be seized by any Officer of Customs or Excise. Sect. 5. And be it enacted, That no Spirits of the Nature or Quality of British Brandy or British Compounds, or any Spirits other than plain British Spirits as the same are respec- tively dt-noniinated and described in the Laws of Excise and by this Act, the Produce or Manufacture of any of the said Islands, shall be imported into any Tart of the United King- dom, on pain of the Forfeiture thereof, and of all Casks or 669 Sl-IRITS FROM Channel IsLANns. ^Vllen Ko im- ported to be dealt with as Spirits the Manufacture of that Part of tlie United King- dom into which inijjorteJ. Plain Spirits the Manufac- ture of the Islands afore- said to be made from the same Materials as in the United Kingdom. The Declara- tion and Certi- ficate of Pro- duce to certify the same, under pain of Forfei- ture for any false Certificate. Spirits of the Nature of Bri- tish Brandy or Compounds, the Manufacture of any of the said Islands, pro- hibited to be imported. 670 SriRIT* FROM Channel Islands. APPENDIX. 8" & 90 Vict. c.65. other Packages, and of the Vessel or Boat, used in the Removal or Importation thereof, which may be seized by any Officer of Customs or Excise ; and the Importer thereof, and every Person concerned therein, shall for every such Offence incur the Penalty of One hundred Pounds ; and all such Penalties and Forfeitures may be sued for, recovered, and applied as any other Penalties or Forfeitures under any of the Laws of the Customs or Excise. All Channel Sect. 6. And be it enacted, Tliat any Spirits of the Produce Island Spirits or Manufacture of any of the Islands aforesaid may, if imported !" Y ^1 ^"*^'^^'^ for Exportation only, be imported into the United Kingdom, to be entered and warehoused for Exportation only, under the Provisions of any Law or Laws of the Customs in force for the Time being made for the warehousing of Goods without Payment of Duty upon the first Entry thereof. to be ware- housed for Ex- portation. Act to com- mence from 8th August as to all prohibited Spirits which have been im- ported since that Date and are now in Bond. Alteration of Act. Sect. 7. And be it enacted, That this Act shall be deemed to have commenced and shall take effect from and after the Eighth Day of August One thousand eight hundred and forty- four, for and in respect of all Spirits of the Nature or Quality of British Brandy or British Compounds, or other Spirits than plain British Spirits as denominated and described in the Laws of Excise and by this Act, the Produce or Manufacture of any of the said Islands, which have been imported at any Time subsequent to the above Date, and are now in Bond or Customs Warehouse, in so far that no such Spirits shall be removed or admitted into Consumption in any Part of the United Kingdom on Payment of any countervailing Duty or otherwise, but the same may be exported from the United Kingdom or otherwise as the Commissioners of Her Majesty's Treasury may in that respect direct. Sect. 8. And be it enacted. That this Act may be amended or repealed by any Act or Acts to be passed in this present Session of Parliament. 7"Geo.4. c.i8. APPENDIX. 671 V Geo. 4. c. 48. An Act to alter and amend the several Laws rclatino; to c . , the Customs. [26th May 1826.] (Isle of Man), Sect. 49. ( 1 ) And be it further enacted, That no Low Wines or Distillation of Spirits shall be made, extracted, or distilled in the Isle of Man Low Wi^es and from anj"- Materials whatever ; and if any Person shall make, ^l'"^'*^^ !^ *^^ extract, or distil, or cause or procure to be made, extracted, or prohibited distilled, any Low Wines or Spirits from any Material what- ever, or shall use or mix, or cause or procure to be used or mixed, any Materials whatever with any Worts or Wash, in order to the making, extracting, or distilling of Low Wines or Spirits, or shall put or lay, or cause or procure to be put or laid, in any Vessel or Utensil, any Materials whatever for the Purpose of preparing any Worts or Wash, or for making, ex- tracting, or distilling Low Wines or Spirits in the Isle of Man, that then and in each and every of the said Cases every such Person, and also every Person in whose Custody or Possession shall be found any Vessel or Utensil made use of contrary to the Intention of this Act, shall respectively, for every such Offence, forfeit and pay the Sum of Two hundred Pounds ; and all such Materials, and such Worts and Wash, Low Wines and Spirits, and such Vessels or Utensils so made use of, shall be forfeited, and shall and may be seized by any Officer of the Customs; and all such Penalties and Forfeitures shall be sued for and prosecuted as any Penalty or Forfeiture relating to the Customs may be sued for and prosecuted under an Act passed in the last Session of Parliament, intituled An Act for the Prevention of Smuggling. (1) The other Sections of this Act have been repealed by 3 & 4 W. 4. c. 50. § 2. G72 APPENDIX. 4" Vict. c. 8. Spirits (East India Rum, &c.) Such Ihiin, &c. to he the Pro- (kice of certain iiritish Posses- sions. 4'' Vict. c. 8. An Act to reduce the Duty on Hum and Hum Shrub the Produce ot" and imported from certain British Posses- sions in the JSast Indies into the United Kinjrdom. [Gth April 1841.] Sect. 1. [Duties on Rum and Rum Shrub, the Produce of certain East Indian Possessions, reduced.] Sect. 2. Provided always, and be it enacted, That such Rum or Rum Shrub shall be the Produce of some British Possession within the Limits of the Bast India Company's Charter into which the Importation of Foreign Sugar shall liave been pro- Jiibited. Act not to come into operation until Proof is laid before tlie Council that Foreign Hum, &c. has been prohibited to be imported into any of the British Posses- sions within tlie Limits of the East India Company's Charter from which the Im- portation of Rum, &c. is allowed by this Act, Certificate of Origin. Sect. 3. Provided also, and be it enacted, That this Act shall not come into operation until satisfactory Proof shall have been laid before Her Majesty in Council that Rum and Rum Shrub the Produce of any Foreign Countty, or of any Britisli Posses- sion into which Foreign Sugar or Rum can be legally imported, have been prohibited to be imported into any of the British Possessions within the Limits of the East India Company's Charter, on the Importation from which of Rum or Rum Shrub the Duty of Nine Shillings and Four-pence j^er Gallon is hereby imposed, nor until the Governor General of India in Council shall have passed an Act containing such Regulations for the Prevention of Frauds by the Admixture of Spirits made from Rice, Grain, or other Substances, not being the Produce of the Sugar Cane or of the Date or Palm Tree, with the Rum or Rum Shrub to be exported under this Act, or otherwise, as in the Opinion of the said Governor General in Council shall be calculated for that Purpose ; and in the event of any such Prohibition, and of the Enactment of such Regulations, it shall be lawful for Her Majesty, by and with the Advice of the Privy Council, or by Her Majesty's Order in Council, to be published from Time to Time in the London Gazette, to allow the Importation of Rum or Rum Shrub the Produce of the Possessions aforesaid to be admitted to Entry in the United Kingdom at the Duties hereby imposed. Sect. 4. And be it enacted, That before any such Rum or Rum Shrub shall be entered in the United Kingdom as being the Produce of any such British Possession, the Master of the Ship importing the same shall deliver to the Collector or Comp- troller of the Customs at the Port of Importation a Certificate under the Hand and Seal of the Collector of the Sea Customs of the Port where stich Rum or Rum Shrub was taken on 7 4" Vict. c. 8. APPENDIX. board, testifying that there had been produced to him bj' the Shipper of such Rum or Rum Shrub a Certificate under the Hand and Seal of the Collector or Assistant Collector of the Land or Customs Revenue of the District within which such Rum or Rum Shrub was produced that the same was of the Produce of such District; and the said Collector of Sea Cus- toms shall, in the Certificate which he is hereby required to give, state the Name of the District or Districts in which such Rum or Rum Shrub was produced, the Quantity and Strength thereof, the Number and Denomination of the Packages contain- ing the same, the Name of the Ship in which it is about to be laden and of the Master thereof; and that the Master of the Vessel importing such Rum or Rum Shrub shall also make a Declaration before the Collector and Comptroller that such Certificate was received by him at the Place where such Rum or Rum Shrub was taken on board, and that the Rum or Rum Shrub so imported is the same as is mentioned therein. Spirits (East India Rim, &c.) Sect. .5. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present Session ^mended this of Parliament. Session. Sect. 6. Provided always, and be it enacted, That it shall be Governor lawful for the Governor General of India in Council to appoint General may any Officer or Officers, other than the saifl Collector and ^^Ppo'"* »" Assistant Collector of Land Revenue and the Collector Customs, to give such Certificate. J. Ofllcer to give "' Certificates. X X 674 APPENDIX. 6" (lEO. 4'. ('. 41. 6" Geo. 4. Cap. 41. Stamps. An Act to repeal the Stamp Duties payable in Great Britain and Ireland upon the Transfer of Property in Ships and Vessels, and upon Bonds and Debentures required to be given in relation to the Duties, Draw- backs, and Bounties of Customs or Excise ; and to grant other Duties of Stamps on such Bonds and Debentures. [10th June 1825.] WHEREAS it is expedient to repeal the several Stamp Duties now payable in Great Britain and Ireland respectively upon Conveyances, so far as relates to any Conveyance, Assign- ment, or Transfer of Property of or in any Ship or Vessel ; and also to reduce the Stamp Duties payable upon Bonds given for or in respect of any of the Duties of Customs or Excise, or for preventing Frauds or Evasions thereof, or for any other Matter or Thing relating thereto in Great Britain or Ireland. respectively, or payable upon Debentures or Certificates for entitling any Person to receive any Drawback or Bounty payable oat of the Revenue of Customs or Excise; be it there- fore 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 Stamp Duties Authority of the same, That from and after the passing of this on Bills of Sale, Act all Stamp Duties now payable in Great Britain and Ire- &c. of Vessels [^^d respectively upon or in respect of any Bill of Sale, or to cease. ^^^ Conveyance, Assignment, or other Deed or Instrument whatever, for the Sale, Transfer, or other Disposition, either absolutely, or by way of Mortgage, or otherwise, of any Ship or Vessel, or any Part, Interest, Share, or Property of or in any Ship or Vessel, shall wholly cease, determine, and be no longer paid or payable ; any thing in any Act or Acts of Parliament contained to the contrary thereof in anywise notwithstanding. Stamp Duties on Bonds given under the Di- rection of the Commissioners of Customs or Excise, and on Debentures or Certificates for receiving Drawbacks or Bounties, to Sect. 2. And be it further enacted. That from and after the passing of this Act, all Stamp Duties now payable in Great Britain and Ireland respectively upon any Bond given pur- suant to the Directions of any Act of Parliament, or by the Direction of the Commissioners of Customs or Excise, or any of their Offices, for or in respect of any of the Duties of Customs or Excise, or for preventing Frauds or Evasions thereof, or for any other Matter or Thing relating thereto, and also all Stamp Duties now payable in Great Britain and Ireland respectively upon Debentures or Certificates for entitling any Person to receive anv Drawback of any Duty or Duties, e3"(iK0. 4. 0.41. APPENDIX. ()7. On Bonds, and on Debentures or Certificates, 5s. or Part of any Duty or Duties, of Customs or Excise, or any Stamts. Bounty payable out of the Revenue of Customs or Excise for or in respect of any Goods, Wares, or Merchandize exported, or shipped to be exported, from Great Britain or Ireland re- spectively to any Part beyond the Seas, shall respectively cease and determine, and be no longer paid and payable ; and that in lieu thereof, from and after the passing of this Act, there shall be raised, levied, collected, and paid, unto and for the Use of His Majesty, His Heirs and Successors, throughout the United Kingdom of Great Britain and Ireland, the Stamp Duties following; that is to say, for and upon every Bond(l) given The following pursuant to the Directions of any Act of Parliament, or by the Duties to be Direction of the Commissioners of Customs or Excise, or any P"'^ ; ^^'''■ of their Officers, for or in respect of any of the Duties of Customs or Excise, or for preventing Frauds or Evasions thereof, or for any other Matter or Thing relating thereto, (except Bonds and other Securities exempted from Stamp Duty by any Act in force for the Encouragement of the British Fisheries, or relating to the Exportation of Tobacco from His Majesty's Warehouses, and except Coast Bonds, or Bonds relative to the carrying of Goods and Merchandize Coastwise, given pursuant to any Act in force for the Relief of the Coast Trade of Great Britain and Ireland, or pursuant to the Direc- tions of any Proclamation or Order in Council by His Majesty, His Heirs and Successors,) the Sum of Five Shillings ; for and upon every Debenture or Certificate for entitling any Person or Persons to receive any Drawback of any Duty or Duties, or Part of any Duty or Duties, of Customs or Excise, or any Bounty payable out of the Revenue of Customs or Excise for or in respect of any Goods, Wares, or Merchandize exported, or shipped to be exported, from Great Britaiti or Ireland respec- tively, to any Parts beyond the Seas, (except Debentures or Certificates for Bounty exempted from Stamp Duty by any Act or Acts of Parliament in force for granting a Bounty on the Exportation of Linen or Sail Cloth,) the Sum of F'ive Shillings. Sect. 3. And be it further enacted. That the Duties hereby. Duties to be granted shall be under the Care and Management of the Com- under the missioners for the Time being appointed to manage the Duties Management on Stamped Vellum, Parchment, and Paper in Great Britain ''^.^''^ ^°'"".. • rnissioncrs oi and Ireland, or the major Part of them respectively ; and the stamps, said Commissioners are hereby respectively empowered and required to provide proper and sufficient Stamps or Dies for expressing and denoting the several Duties hereby granted, on the Amount thereof, upon the Vellum, Parchment, or Paper chargeable therewith, and to alter and renew such Stamps or (1) See 7 Vict. c. 21. § S. X X 2 676 APPENDIX. 6<^Geo.4". C.41. Stamps. Penalty on Agents includ- ing in the same Bond Goods belonging to more Persons than One, not being Partners, &c. 50/. Powers of former Acts relating to Stamps to ex- tend to this Act. Dies from Time to Time as Occasion shall require, and also to employ sncli Officers and Persons under them, and to do all such other Acts and Things as shall be deemed necessary or expedient for efiectually raising and collecting the Duties hereby granted, and for putting this Act into execution, in the like and in as full and ample Manner as they or any former Commissioners respectively are or have been authorized to do for the raising and collecting of any former Stamp Duties, or for putting into execution any Act or Acts of Parliament relating thereto. Sect. 4. And be it further enacted, That from and after the passing of this Act, if any Agent or other Person who shall be required by any Act of Parliament, or by the Direc- tion of the Commissioners of Customs or Excise, or any of their Officers, to give or enter into any Bond for or in re.spect of any Duties of Customs or Excise, or for preventing Frauds or Evasions thereof, or for any Matter or Thing relating thereto, shall include in one and the same Bond any Goods or Things bond fide belonging to more Persons than one, not being Copartners, or Joint Tenants, or Tenants in Common, every such Agent or other Person shall, for every such Oti'ence, forfeit and pay the Sum of Fifty Pounds. Sect. 5. And be it further enacted. That all the Powers, Pro- visions, Clauses, Regulations, and Directions, Fines, Forfeitures, Pains, and Penalties contained in and imposed by the several Acts of Parliament relating to the Duties hereby repealed, and the several Acts of Parliament relating to any prior Duties of the same Kind or Description, shall be of full Force and Effect with respect to the Duties hereby granted, and to the Vellum, Parchment, and Paper, Instruments, Matters, and Things charged or chargeable therewith, and to the Persons liable to the Pay- ment of the said Duties, as far as the same are or shall be applicable, in all Cases not hereby expressly provided for, and shall be observed, applied, enforced, and put in execution for the raising, levying, collecting, and securing of the said Duties hereby granted, and otherwise relating thereto, so far as the same shall not be superseded by and shall be consistent with the express Provisions of this Act, as fully and effectually, to all Intents and Purposes, as if the same had been herein repeated and specially enacted with reference to the said Duties hereby granted. 7" Vict. c. 21. APPENDIX. 677 7 'Vict. Cap. 21. An Act to reduce the Stamp Duties on Policies of Sea Stamps. Insurance and on certain other Instruments, and to repeal the Duties on certain Bonds, and the Law rccjuiring Public Notaries in Ireland to deliver Accounts of Bills and Notes noted by them. [6th June 1844.] Sect. 8. And whereas by an Act passed in the Sixth Year of Recital of tlie Reign of King George the Fourth, intituled An Act to 6 G. 4. c. 41. repeal the Stamp Duties payable in Great Britain and Ireland upon the Transfer of Property in Ships and Vessels, and vpon Bonds and Debentures required to be given in relation to the Duties, Drawbacks, and Bounties of Customs or Excise, and to grant other Duties of Stamps on such Bonds and Debentures, the Stamp Duty of Five Shillings was granted and is now payable for and upon every Bond given pursuant to the Direc- tions of any Act of Parliament, or by the Direction of the Commissioners of Customs or Excise, or any of their Officers, for or in respect of any of the Duties of Customs or Excise, or for preventing Frauds or Evasions thereof, or for any other Matter or Thing relating thereto, except certain Bonds in the said Act mentioned and exempted from the said Duty : And whereas it is expedient to repeal the said Duty granted by the last-recited Act, so far as relates to Bonds given with relation to the Drawback of any of the Duties of Customs or Excise on the Exportation of Goods to Foreign Parts ; be it therefore enacted. That from and after the passing of this Act, the said Stamp Duty Stamp Duty of Five Shillings granted by the said last-recited o" Bonds given Act, so far as the same is charged or payable for or upon any J^' obtaining Bond to be given pursuant to the Directions of any Act of Duties of Cus- Parliament, or by the Direction of the Commissioners of toms or Excise Customs or Excise, or any of their Officers, upon or with repealed. relation to the receiving or obtaining, or for entitling any Person to receive or obtain, any Drawback of any Duty or Duties, or Part of any Duty or Duties, of Customs or Excise, for or in respect of any Goods, Wares, or Merchandize exported or shipped to be exported from Great Britain or Ireland re- spectively to any Parts beyond the Seas, or for or upon any Bond to be given as aforesaid upon or with relation to the obtaining of any Debenture or Certificate for entitling any Person to receive any such Drawback as aibresaid, shall cease and determine, and the same is hereby repealed. [The remaining Sections of this Act do not relate to the Customs.] X X 3 678 AITENDIX. 8" Vict. c. 5. 8" Vini- certifying that a Declaration iji Writing had been made and jYrJtKi, iWes- signed before such principal Officer by the Shipper of such sio„s abroad. Sugar, that the same was really and bond fide the Growth of China, Java, or Manilla, or of some other of the Countries named in such Order in Council as herein-before is mentioned, and had been imported thence into such British Possession abroad as aforesaid, and also certifying that such principal Officer of Customs had examined the Contents of such Decla- ration, and believed the same to be true ; secondly, a Certifi- cate under the Hand and Seal of the British Consul, Vice Consul, Consular Agent, or other Officer appointed in that Behalf by Her Majesty, (if any such there be,) at the Place whence such Sugar shall have, been imported into such British Possession abroad, certifying that a Declaration in Writing had been made and signed before such Consul, Vice Consul, Consular Agent, or other Officer, by the Shipper of such Sugar from such Place, that the same was really and bond fide the Produce of the Country from whence the same shall have been so imported into such British Possession abroad, and also certifying that such Consul, Vice Consul, Consular Agent, or other Officer had examined the Contents of sucli Declaration, and believed the same to be true : Provided always, that in case such Sugar shall be imported into the United Kingdom from any British Pos- session abroad, being Part of the Territories of the East India Company, the Certificate and Declaration hereby required to be given and received by the principal Officer of Customs mav be respectively given and received by any Officer ap- pointed for that Purpose by the respective Governments of such Territories. Sect. 6. And be it enacted. That with regard to Sugar the Her Majesty, Growth of any Foreign Countrj'^ between which Country and ''/ Order m Her Majesty there is now subsisting any Treaty or Convention 1 "V"!^' !.*"*^ binding Her Majesty to grant to such Country, either condi- Sugars of tionally or unconditionally, the Privileges of the most favoured Countries with Nation, or to permit, either conditionally or unconditionally, wliich Her Ma- the Produce of such Country to be imported into the United J?^*-y ^^^ Trea- Kingdom at the same Duties as are imposed upon the like Pro- ^'*^^ ? Keci- duce of any other Country, it shall be lawful for Her Majesty, Duties to be and She is hereby empowered, from Time to Time, by any admissible at Order or Orders in Council, to declare that from and after a 28*-. and 23*. Day to be named in such Order, Brown, Muscovado, or Clayed '^'^' V^\ Cwt. Sugars (not being refined) the Growth of such Country, in '■^^pectively. case such Treaty shall continue to subsist, shall, if imported from such Country, or from any British Possession abroad, having been imported into such British Possession from such Country, be admitted to Entry for Consumption in the United 68'i APPENDIX. 8" Vict. c. 5. SiioAK. Kingdom at the aforesaid respective Kates of Duty of One Pound Eight Shillings and One Pound Three Shillings and Four-pence per Hundred Weight respectively, in like Manner as Sugars the Growth and Produce oi' China, Java, ov Manilla ; and fi'oin and after the Day so to be named in such Order the Sugars therein mentioned shall, if so imported as aforesaid, be so admitted accordingly, subject, nevertheless, to the Production of the like Certificates and the making of the like Declaration as arc herein-before required with respect to Sugars the Growth of China, Java, or Manilla. If such Treaty Sect. ?• And be it enacted, That in case the Privileges be conditional, granted by any Treaty to any Foreign Country, in respect of Order in which any Order in Council shall be issued under the Enact- Council to state ment lastly herein-before contained, shall have been granted * " conditionally, such Order shall expressly declare that such Foreign Country hath duly fulfilled the said Conditions, and is entitled to the said Privilege. Fulfilment of Condition. Her Majesty may allow Im- portation of Sugar and Mo- lasses from British Posses- sions within the East India Company's Charter in which the Importation of Foreign Sugar is prohihited at the lower Rates of Duty. Such Sugar and Molasses to he entered at the lower Rates of Duty upon the Con- ditions on which Bengal Sugar was admissible' under 6 & 7 W. 4. e. 26. Sect. 8. Provided always, and be it enacted, That if at any Time satisfactory Proof shall have been laid before Her Majesty in Council that as respects any IBritish Possession within the Limits of the East India Company's Charter the Importation of Foreign Sugar has been prohibited, it shall and may be lawful for Her Majesty, and She is hereby empowered from Time to Time, by any Order or Orders in Council, to declare that Sugar and Molasses the Growth or Produce of any such British Possession may be imported from thence into the United Kingdom, and entered at the lower Rates of Duty herein-before imposed on Sugar and Molasses the Growth or Produce o^ British Possessions within the Limits of the East India Company's Charter in which the Importation of Foreign Sugar is prohibited ; and from and after the Publication of such Order, whilst the same shall continue in force, the Sugars and Molasses therein mentioned may be so imported and entered accordingly. Sect. 9. Provided always, and be it enacted, That any Sugars or Molasses the Produce of any British Possession within the Limits of the East India Company's Charter in which the Importation of Foreign Sugar is or shall be prohibited, which shall be entered for Home Use at the lower Rates of Duty herein-before imposed on Sugar and Molasses the Produce of such Possessions, shall be entered in the same and the like Manner and under the same or the like Conditions in and under which Sugar the Growth of the Presidency of Bengal might be entered for Home Use under the Provisions of an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act for granting to His Majesty, until 8" Vict. c. 5. APPENDIX. 683 the Fifth Day o/'July One thousand eight hundred and thirty- Suoak. xeven, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-six, at the lower Kate of Duty therein mentioned. Sect. 10. And be it enacted, That the respective Bounties IJountics on now payable on the Exportation of certain Descriptions of certain Descnp- Kefined Sugar from the United Kingdom, bv an Act passed in t'""^ ^>f Refinod the Session of Parliament holden in the Third and Fourth ° Years of the Reign of His said late Majesty, intituled An Act 3&4W. 4. c.58. to grant certain Bounties and Allowances of Customs, and also by an Act passed in the Session of Parliament holden in the First and Second Years of the Reign of Her present Majesty, intituled An Act for granting to Her Majesty, until the Fifth 1 &'JVict. c. 33. Day o/' July One thousand eight hundred and thirty-nine, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty- eight, and by the said Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of Her 7 ^^5 Vict. c. 28. present Majesty, shall, from and after the Fourteenth Day of March One thousand eight hundred and forty-five, cease and determine ; and that in lieu thereof thei"e shall be paid and allowed the following Bounties ; (that is to say,) Upon Double Refined Sugar, or Sugar equal in £, s. d. Quality to Double Refined, for every Hundred Weight - - - - - 1 Upon otlier Refined Sugar, in Loaf, complete and whole, or Lumps duly refined, having been perfectly clarified, and thoroughly dried in the Stove, and being of an uniform White- ness throughout, or such Sugar pounded, crashed, or broken, for every Hundred Weight - - - - - 17 Upon Bastard or Refined Sugar, broken in Pieces, or being ground or powdered Sugar, pounded or crashed or broken, for every Hundred Weight - - - - 14 Sect. 11. And be it enacted, That the several Duties, Collection of Bounties, and Allowances by this Act imposed and allowed I^uties. shall be under the Management of the Commissioners of Her Majesty's Customs, and shall be ascertained, raised, levied, col- lected, paid, recovered, allowed, and applied, or appropriated under the Provisions of an Act passed in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for granting Duties of Customs, and of 3&4W.4.C.56. another Act j)Hsscd in the same Year, intituled Att Act to grant 3&4W. 4. c.58. certain Bounties and Allowances of Customs, and of any other Act or Acts in force relating to the Customs. 684 SuUAll. Commissioners of Customs to provide stand- ard Samjjles ot" Wliite Clayed, &c. Sugar. APPENDIX. S"VicT. c. 5. Orders in Council may be revoked. Sect. 12. And be it enactfid, That the Commissioners of Customs shall forthwith provide Samples of White Clayed Sugar, and of Sugar rendered by any Process equal in Quality to White Clayed Sugar, with reference to Colour, Grain, and saccharine Matter, which Samples shall be deemed to be standard Samples, for the Purpose of comparing therewith such White Clayed Sugar, or Sugar rendered by any Process equal in Quality to White Clayed Sugar, as Irom and after the Fourteenth Day of March One thousand eight hundred and forty-five may be entered for Home Consumption ; and such standard Samples shall from Time to Time ])e renewed when- ever the said Commissioners may deem it expedient ; and no Sugar shall, as regards the Payment of Duty, be deemed or taken to be White Clayed Sugar, or Sugar rendered by any Process equal in Quality to White Clayed, unless it shall, with reference to Colour, Grain, and saccharine Matter, equal the standard Samples so respectively provided by the said Commissioners. Sect. 13. And be it enacted. That it shall be lawful for Her Majesty, by an Order in Council, from Time to Time to revoke or alter any Order in Council previously made under the Authority of this Act. Orders in Sect. 14. And be it enacted. That every Order in Council to Council to be be made under the Authority of this Act shall, as soon as may pubhshed. \^^ after the making thereof by Her Majesty in Council, be published in the London Gazette. Copies of Order in Council to be laid before Parliament. Sect. 15. And be it enacted. That a Copy of every Order of Her Majesty in Council made under the Authority of this Act shall be laid before both Houses of Parliament within Six Weeks after issuing the same, if Parliament be then sitting, and if not then within Six Weeks after the Commencement of the then next Session of Parliament. Act may be amended this Session. Sect. 16. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament. 6" & 7° GuL. 4.. c. 2G. APPENDIX. 68' 6° & 7" GuL. 4. Cap. 2G. An Act for granting to His Majesty, until the Fifth Day Sugar. of July One thousand eight hundred and thirty-seven, certain Duties on Sugar imported into the United Kingdom, for the Service of the Year One thousand eight hundred and thirty-six. [4th July 1836.] Sect. 5. And be it further enacted, That before any Sugar Certificate of shall be entei'ed as being of the Produce of any of the Provinces Origin. composing the Presidency of Fort Willimn in Bengal, or of any of the Dependencies thereof, being a British Possession, at the lower Rate of Duty fixed by this Act, the Master of the Ship importing the same shall deliver to the Collector or Comp- troller of the Customs at the Port of Importation a Certificate under the Hand and Seal of the Collector of Sea Customs of the Port where such Sugar was taken on board within the Limits of the Presidency o^ Fort William in Bengal, or of any of the Dependencies thereof, being a British Possession, testi- fying that there had been produced to him by the Shipper of such Sugar a Certificate under the Hand and Seal of the Col- lector or Assistant Collector of the Land or Custom Revenue of the District within which such Sugar was produced that such Sugar was of tlie Produce of the District, and that the Importation into such District of Foreign Sugar, or Sugar the Growth of any British Possession into which Foreign Sugar can be legally imported, is prohibited ; which Certificate so granted by the said Collector of Sea Customs shall state the Name of the Dis- tricts in which such Sugars were produced, their Quantity and Quality, the Number and Denomination of the Packages con- taining the same, and the Name of the Ship in which they are laden, and of the Master thereof; and that such Master shall also make a Declaration before the Collector or Comptroller that such Certificate was received by him at the Place where such Sugar was taken on board, and that the Sugar so imported is the same as is mentioned therein. Sect. 6. Provided always, and be it further enacted. That it Governor shall be lawful for the Governor General of India in Coiuicil General may to appoint any Officer or Officers, other than the said Collector ^PPoint Persons and Assistant Collector of Laud Revenue and the Collector of '? S'^^ C^*"- Customs, to give such Certificates. [The other Sections of tliis Act are not recpiired for the Purposes of this Compilation,] 686 ■ A PPENDIX. «>' (ir.o. 4. r. W. 9" Geo. 4. Cap. 93. Sugar An Act to allow Sugar to be delivered out of "Warehouse Average. ^^ ^^ refined. [28th Julj/ 1828.] [This Act except so much thereof as relates to the ascer- taining and puhhshing of the Average Price of Sugar is repealed by 3 & 4 W.-i. c. 50. s. 3. The following are the Sections saved by that Act.] (1) Mode of ascer- Sect. 2. And in order that the proper Duties irn})osed by this tain ing Average Act may be ascertained, be it further enacted, That the Prices Price of Sugar, ^^f Brow^n or Muscovado Sugar, the Produce of the British Possessions in America, shall from Time to Time be ascertained and taken in manner herein-after mentioned ; (that is to say,) every Importer or Importers of such Sugar within the City of Londoti or the Bills of Mortality, who shall, after the Fifth Day o^ August One thousand eight hundred and twenty-eight, by himself or themselves, his or their Sworn Broker, or any other Agent acting in his or their Behalf, buy or sell any such Brown or Muscovado Sugar, shall and is hereby required, by himself or themselves, his or their Sworn Broker, or any other Agent acting in his or their Behalf, to deliver in, upon Oath before the Lord Mayor or any of the Aldermen of the said City of London (which Oath the said Lord Mayor or Aldermen are hereby respectively authorized to administer), to the Clerk of the Grocers Company now and for the Time being, on or before Tuesday in every Week, a true Account of the Quanti- ties of such Brown or Muscovado Sugar bought or sold by him or them, his, her, or their Sworn Broker, or any other Agent acting in his or their Behalf, in the preceding Week, specifying the Name of the Ship in which such Sugar was imported, and the Name of the Master of such Ship, and also the Marks and Packages, and the Sum Total of the net Landing Weights of such Sugar, as far as the same can be made out, and the Price paid for each Quantity respectively, exclusive of the Duty of Customs ; and the said Clerk of the Grocers Com- pany shall and he is hereby required to compute and make up in every Week, from the Accounts so delivered to him of the said Quantities and Prices of such Sugar bought or sold by the said Importer or Importers, his or their Sworn Broker, or any other Agent acting in his or their Behalf, in the Week imme- diately preceding, the Average Price of such Sugar, and shall cause such Average Price to be published every Friday in the London Gazette ; and such Average Price shall be deemed and (1) These Regulations are extended to East Indian Sugar by 8 & 9 Vict, c. 86. § 145. 9^Geo.4. C.93. APPENDIX. 6S7 taken to bo the Price of Brown or Muscovado Sugar for the Sucar Purposes of this Act. Averacf. Sect. 3. And be it further enacted, That a Register or Book A Register or shall be kept by the said Clerk of the Grocers Company, con- ^'^^^ "'^^'j'*: taining all the Accounts so received by him from Time to to^jg'^^Lt hv^* Time from the Importer or Importers, his or their Sworn ,|,g cAcrk of Broker, or any other Agent acting in his or their Behalf, the Grocers and of the Average Prices by him computed and made up Company, from the same ; which llegister or Book shall and may at convenient Times be inspected by any Person or Persons what- ever, upon paying the Fee of One Shilling and no more for the same. Sect. 4. And be it further enacted, That if the said Clerk Penalty on of the Grocers Company shall neglect to do and perform what t-lj'^ weglect- he is required by this Act to do and perform, he shall forfeit ;" hereiiTre-'* and pay for every such Neglect the Sum of Fifty Pounds, to quired, be recovered by Action of Debt, Bill, Plaint, or Information in any of His INIajesty's Courts of Record at Westminster, wherein no Essoign, Protection, Wager of Law, or any more than One Imparlance, shall be granted or allowed. Sect. 5. And be it further enacted. That if any Importer or Penalty on Importers, or any Sworn Broker or other Agent acting in his Importers or or their Behalf, shall refuse or neglect to deliver in upon Oath ^J'^^^^l [j'^'"^ a true Account of the Quantities of Brown and Muscovado ^g'^y^rns Sugar by him bought or sold, specifying the Name of the Ship in which such Sugar was imported, and the Name of the Master of such Ship, and also the Marks and Packages, and the Sum Total of the net Landing Weights of such Sugar, as far as the same can be made out, and the Price paid for each Quantity respectively, as herein-before required, he, they, or any of them, being the actual Buyer or Seller of such Sugar, shall forfeit and pay for every Cask of Sugar for which he or they shall so refuse or neglect to deliver in an Account the Sum of Five Pounds to any one who will prosecute and sue for the same, to be recovered before the Lord Mayor or any Aldermen of the said City on the Oath of any One or more credible Witness. The Remainder of this Act is repealed. 688 APPENDIX. 3" 8c 4« Gul. 4. c. 101. Tea. Tea importable into IJiitish Possessions, &c. from Cape of Good Hope, 3° & 4° GuL. 4. Cap. 101. An Act to provide for the Collection and Management of the Duties on Tea. (1) [29th August 183,3.] Sect. 2. And be it further enacted, That it shall be lawful to import any Tea into any of the Islands of Guernsey, Jersey, Alderney, or Sark, or into the British Possessions o^ America, from the Cape of Good Hope, and Places Eastward of the same to the Straits of Magellan, or from the United Kingdom, and not from any other Place, in such and the like Manner as if the same were set forth in an Act passed in the present Session of Parliament to regulate the Trade of the British Possessions Abroad. Abatement for Sea Damage not to be allowed. Sect. 4. And be it further enacted. That no Abatement of Duty shall be made on account of Damage received by any Tea during the Voyage; but it shall be lawful for the Importer to separate the damaged Parts, and to abandon the same to the Commissioners of the Customs for the Duty. (1) In consequence of subsequent Enactments the Second and Fourth Sections of this Act are the only Provisions of it requiring Insertion into this Compilation. 3° & 4" Vict. c. 18. APPENDIX. 689 Tobacco. I.caf or \in- maiiufactureil Tobacco not to be received into a Manufac- turer's Stock, but from the Warehouse, and accompanied by a Permit. .3° Sc 4° Vict. Cap. 18. An Act to discontinue the Excise Survey on Tobacco, and to provide other Regulations in lieu thereof. [3d Jidt/ ISAO.] Sect. 4. And be it enacted, That no Manufacturer of Tobacco or SnufF shall receive into anj' Workhouse, Storehouse, Room, Shop, or Place, or into his Custody or Possession, any Leaf or unmanufactured Tobacco of any Description otherwise than from the Warehouse in which the same shall be warehoused under the Laws and Regulations of the Revenue of Customs, and in the same Hogsheads, Cask, Chest, or Package, with the same Marks and Numbers thereon, in which the same shall be cleared and delivered from such Warehouse, on Payment of the Duty (save and except in the Case of Samples duly ticketed and certified by the proper Officer of Customs), nor without a true and lawful Permit granted by the proper Officer of Excise, under the Laws and Regulations of Excise relating to Permits accompanying such Tobacco ; and every Manufacturer of Tobacco or Snuff who shall receive or have in his Custody or Possession any Leaf or unmanufactured Tobacco, contrary to the Directions aforesaid, shall forfeit the same, and Two hundred Pounds for every such Offence. Sect. 6. And be it enacted, That no Leaf or unmanufactured No Leaf or Tobacco of any Description, save and except such Samples as unmanufac- aforesaid, shall be carried or removed from any Part or Place •"'''^" Tobacco in the United Kingdom to any other Place or Part thereof, without a true and lawful Permit granted by the proper Officer of Excise, under the Rules and Regulations of an Act passed in the Second Year of the Reign of His late Majesty King William the Fourth, intituled An Act to consolidate and 2&r.W.4. c. 16. amend tJie Laws regulating the granting and issuing Permits for the Removal of Goods under the Laws of Excise, accom- panying the same, under the Pains, Penalties, and Forfeitures in the said Act contained. to be removed without a Permit. manufacture Leaves of Trees, &c. to imitate Tobai'co. Sect. IL And be it enacted, That no Person whatsoever shall No Person to cut, colour, stain, or manufacture any Leaves of Trees, Herb, cut, colour, or or Plant whatsoever (not being Tobacco Leaves or Plants) into the Form of or to imitate or resemble Tobacco, unmanu- factured or manufactured, or shall mix with or add to any Tobacco any Leaves of Trees, Herb, or Plant not being To- bacco Leaves or Plants, or shall sell, vend, utter, or expose for Sale, or have in his Custody or Possession, any Leaves of Trees, Herb, or Plant cut, coloured, stained, or manufactured, or to be cut, coloured, stained, or manufactured into the Form or Y Y 690 ToilAPCO. APPENDIX. 3-^c^-4" Vict. c.18. ill imitation of or to resemble Tobacco, on pain of forfeiting One hundred Pounds, with all such Leaves, Herbs, or Plants uhicli may be seized by any Oflicer of Excise or Customs. No Person to hawk about 'I'obacco or SiiufTfor Sale. Penalty. Officers may arrest Offenders and convey them before a Justice of the Peace, who shall forthwith hear the Case and inflict or mitigate tlie Penalty. Proviso for Servants of Dealers. Sect. 12. And be it enacted, That no Person or Persons what- soever shall hawk or sell, or offer for Sale, any Tobacco or Snuft' of any Description in or about the Streets or Highways or other Places, or in any other Manner or Place whatsoever, except in the entered Premises of a licensed Manufacturer or Dealer in or Retailer of Tobacco or Snuff, on pain of forfeiting all such Tobacco or Snuff, and One hundred Pounds ; and it shall be lawful for any Oflicer of Excise or Customs to arrest and detain any Person who shall hawk or sell, or offer for Sale, in manner aforesaid, any Tobacco or Snuff, and to convey such Person before One or more of Her Majesty's Justices of the Peace residing near to the Place where such Person shall be arrested and detained ; and the Justice or Justices before whom such Person shall be conveyed shall have full Authority and he and they is and are liereby required forthwith to hear and determine what shall be then and there alleged against such Person, and on Confession of the Party, or by Proof on Oath of One or more credible Witness or Witnesses made of such Offence, to convict any Person so offending as aforesaid, and the Person so convicted shall immediately on such Conviction pay the said Sum of One hundred Pounds, or some mitigated Amount, not being less than One Fourth Part thereof; and if any Person so convicted shall not forthwith pay down the said Penalty or Amount the said .lustice or Justices shall and he and they is and are hereby authorized and inquired, by Warrant under his or their Hand, to commit the Person so convicted to any Gaol or Prison of the County, there to be kept to hard Labour for Three Calendar Months : Provided always, that nothing herein-before contained shall extend to make liable to the said Penalty any Servant or Person duly employed by any licensed IVLanufacturer of or Dealer in Tobacco or Snuff to travel for Orders, and producing Samples, in tlje due and ordinary Course of Business. No Drawback on Cut, Roll, or Carrot To- bacco contain- ing Stalks. Penalty on manufacturing such for Ex- portation. Sect. 13. And be it enacted. That no Drawback shall be allowed on any Cut, Roll, or Carrot Tobacco containing any Tobacco Stalks, or which has not been wholly made from Tobacco Leaf having the Tobacco Stalk stripped and separated therefrom, or from such Leaf so stripped, and Returns of Tobacco Leaf so stripped, and without the Stalks thereof; and every Manufacturer of Tobacco who shall manufacture or have in his Custody or Possession any such Cut, Roll, or Carrot Tobacco for Exportation shall forfeit Two hundred Pounds ; and all such Tobacco shall be forfeited, and may be seized by any Officer of Customs or Excise. .'i'&'l.'' Vict. c. 18. APPENDIX. 691 Sect. 14. And be it enacted, That no Drawback shall be Tobacco, allowed on any Tobacco which shall not have been wholly nianufuotured from Tobacco on which the full Duty on Impor- No Drawback tation sliall have been paid, nor on any Tobacco which shall properly mami- be mixed with any Dirt or Rubbish, or which shall be made ractmed. or manufactured with, or to which shall be added any other Ingredients, Matter, or Thing not necessary or usual in the manufacturing of Tobacco. Sect. 15. And be it enacted, That every Person who shall Penalty on enter or ship, or cause to be entered or shipped, or produce or f»audulently cause to be produced to any Officer of Customs to be shipped »"^'?M'ting t" p T^ • m 1 *^ • . 1 i-v 1 I 1 obtain Draw- tor Lxportatioii, any lobacco not entitled to Drawback under jjj,p]^ this or any other Act relating to Tobacco, or any other Goods, Matter, or Thing as Tobacco, the same not being Tobacco, or shall fraudulently remove, deposit, or conceal any Tobacco or other Goods, Matter, or Thing, with Intent unduly to obtain any Drawback on Tobacco, or any greater Drawback than he would otherwise be entitled to, shall, over and above all other Penalties which he may thereby incur, forfeit Treble the Amount of the Drawback sought to be obtained, or Two hundred Pounds, at the Election of the Commissioners of Cus- toms; and all such Tobacco or other Goods, Matters, or Things shall be forfeited, and may be seized by any Officer of Customs or Excise. [The other Sections of this Act do not relate to the Customs.] Y Y 2 692 APPENDIX. 59° Geo. 3. c.H. Treaties. Convention, dated 3d July 1815. 56 G. S. c. 15. 56 G. 3. cGl. 57 G. 3. c. 5S. Convention, dated 20th Oct. 1818. Recited Acts repealed. 59° Geo. 3. Cap. 54. An Act to carry into effect a Convention of Commerce concluded between His Majesty and the United States of America, and a Treaty with the Prince Regent of Portugal [2d Ji//y 1819.] WHEREAS a Convention of Commerce and Navigation was concluded between His Majesty and the United States of America, bearing Date the Third Day oi July One thousand eight hundred and tifteen, for Four Years from the said Date: Atid whereas an Act was passed in the Fifty-sixth Year of the Reign of His present Majesty, intituled An Act to carry into effect a Convention of Commerce concluded between His Ma- jesty and the United States of America: And whereas another Act was passed in the same Year of the Reign of His said Majesty, intituled An Act to amend an Act passed in the present Session of Parliament, intituled ' An Act to carry into effect a ' Convention of Commerce concluded between His Majesty and ' the United States o/" America :' And whereas another Act was passed in the Fifty-seventh Year of His said Majesty's Reign, intituled An Act to alloiv British Goods to be exported direct from this Country to the United States o/" America, upon the same Terms as tvhen exported to any Foreign Country : And whereas a further Convention of Commerce and Navigation has been concluded between His Majesty and the United States of America, dated the Twentieth Day of October One thousand eight hundred and eighteen, whereby in the Fourth Article all the Provisions of the aforesaid Convention, concluded on the Third Day of Jidy One thousand eight hundred and fifteen, except as therein excepted, are extended and continued in force for the Term of Ten Years from the Date of the Signature of the said further Convention : And whereas it is expedient to give effect to such Parts of the said Convention as require the Sanction of Parliament, and to make further Provisions than are contained in the said recited Acts passed in the Fifty-sixth and Fifty-seventh Years of His said Majesty's Reign; be it therefore 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 Acts passed in the Fifty- sixth and Fifty-seventh Years of His present Majesty's Reign shall be and the same are hereby repealed. Goods of the Produce of the United States imported in _ American-built ^"J" of the Territories of the United States ox America, nnported 9 Sect. 2. And be it further enacted, That upon the Importation into any Part of the United Kingdom of any Goods, Wares, or Merchandize, being the Growth, Production, or Manufacture of 59'' Geo. 3. c. 54;. APPENDIX. 693 direct from the said Territories in any Ship or Vessel built in Thkatifs. the Countries belonging to the said States, or any of tlieni, or taken by any of the Ships or Vessels of War belonging to the Ve^f^i^'s K|iaII Government or any of the Inliabitants of the said States, having jyV,"^ V." ■ Commissions or Letters of Marque and Reprisal from the iinported in Government of the said States, and condemned as lawful Prize British VcsseN in any Court of Admiralty there, such Ship or Vessel being owned by the Subjects of the said States, or any of them, and whereof the Master and Three Fourths of the Mariners are also Subjects of the said States, no higher or other Duties shall be charged or paid than such as arc charged and })ayable upon Goods, Wares, and Merchandize, of tlic like Denomination or Description, being the Growth, Production, or Manufacture of any of the Territories of the United States of America, and being imported in Sriiis/i-hmlt Ships or Vessels navigated and regis- tered according to Law ; any thing contained in an Act passed in the Forty-ninth Year of the Reign of His present Majesty, intituled An Act for repealing the several Duties of Customs, 49 G. 3. c. 98. chargeable in Great Britain, and for granting other Duties in lieu thereof or any other Act to the contrary thereof notwithstanding. Sect. 3. And be it further enacted, That all Goods, Wares, Goods so im- Merchandize, and Effects imported in any Ship or Vessel built ported in Amo- in the said United States o^ America, or condemned as Prize "can-bmlt there, and being owned and navigated as herein-before men- mT^a^^ ^ tioned, shall and may be sold by Auction free of the Duty tion free of that imposed by Law on Goods and Effects sold by Auction : Pro- Duty, vided nevertheless, that nothing in this Act contained shall extend, or be deemed or construed to extend, to authorize the Sale of any such Goods or Effects free of the said Duty, unless on the First Sale of such Goods or Effects by or for the Ac- count of the original Importer thereof, by whom the same were entered at the Custom House at the Port of Importation, nor unless such Sale shall be made within Twelve Months next after the Time when such Goods or Effects shall have been so imported. Sect. 4. And be it further enacted. That the same Duties The same shall be paid or payable on the Exportation of all Goods, Wares, Duties shall be and Merchandize of the Growth, Produce, or Manufacture of Pfy^^'''^ »" Great Britain, exported direct from thence to any Port or Goods exuort d Place within the Territories of the United States of America in in British-built British-hmM Ships, owned, registered, and navigated according Vessels to to Law, or in Ships built in the United States oi America, or America as on condemned as Prize there, and being owned and navigated as the Exportation herein-before mentioned, as are or shall be payable on the ? i ^ '^**^ ^* T-* ■ /• 1 1 • I A • 1 TT J 1/ to i!iurope. Exportation ot the like Articles to hurope. Sect. 5. And be it further enacted. That upon the Exporta- Same Bounties tion from the United Kingdom to the United States oi' America allowed on Y Y 3 69t APPENDIX. 59>^Geo. 3. c.5i. Treaties. <><' any Goods, Wares, or Merchandize, the Growth, Produc- tion, or Manufacture of the said United Kingdom or any of Exportation ot j^j^ Majesty's Territories in EurojJe, in any Ship or Vessel ^■'""fbuiu'^"'^ l)uilt in the' said United States of America^ or condemned as vl'sscls IS in Prize tliere, and being owned and navigated as herein-before British-built. mentioned, the same Bounty or Allowance shall be paid as at the Time of such Exportation may be allowed upon the Ex- portation thereof to the said States in any British-hnWi Ship or Vessel navigated and registered according to Law. Vessels of Sect. 6. And whereas it is expedient that Vessels built in tlio Anierican-luilt Countries belonging to the United States of America, or any of allowed to clear them, or condemned as Prize there, and being owned and navi- f-"i c *.i ' gated as herein-before mentioned, should be allowed to clear tish Settleinenis & ,. itt-it'-i r i --i in the East out trom any rart ot the Lnited Kingdom tor the prmcipai Indies, subject Settlements of the British Dominions in the East Indies., vidc- to the same Re- Hcet, Calcutta, 3Iadras, Bombaij, and Prince of Wales' s Island, gulations as w\i\\ any Articles which may legally be exported from the y"_,'V" "' United Kingdom to the said Settlements in British-hnWi Ships; be it therefore iurther enacted, That all Vessels built in the .said United States of America, or any of them, or condemned as Prize there, and being owned and navigated as herein-beford mentioned, shall be allowed to clear out from any Port of the United Kingdom for the following principal Settlements of the British Dominions in the Bast Indies, videlicet, Calcutta, 3Iudras, Bomhay, and Prince of Wales's Island, with any Goods, Wares, or Merchandize which may be legally exported from tl'.e United Kingdom to the said Settlements in British- built Vessels, subject to the like Rules and liegnlations, liestric- tions. Penalties, and Forfeitures, as are now by Law imposed upon the Exportation of such Goods to the said Settlements in J5/77/.*A-built Ships ; any Law, Custom, or Usage to the contrary notwithstanding. Duties of Sect. 7. And be it further enacted, That nothing in this Act Package, iS,c. contained shall extend, or be construed to extend, to repeal or payable to the ju anywise alter the Duties of Package, Scavage, Bailage, or City of London pQ^ajro or any other Duties payable to the ?.Lavor and Com- Corporation not "i^^alty and Citizens of the City of London, or to the Lord to be airected. Mayor of the said City for the Time being, or to any other City or Town Corporate within Great Britain, or any other special Privilege or Exemption to which any Person or Persons, Bodies Politic or Corporate, is or are now entitled by Law in respect of Goods imported and exported, but the same shall be continued as herctotbre. Duties leviable Sect. 8. And whereas by the aforesaid Convention it is pro- on American vided, that no higher or other Duties or Charges shall be «nd rortuguese \„,^^,^p^\ i„ gpy ^f the Ports in any of His Majesty's Territories the Ports of "" ^" Europe, on the Vessels of the United States of A7ncrica, than i 59"Geo.3. c.5k APPENDIX. 695 sJiall be payable in the same Ports on British Vessels : And Tkkaties. whereas a similar Provision was made in a Treaty of Amity, - — ; Commerce, ami Navi"ation, concluded between Ilis Majestv *'")' '^'"B''"'" 1 T¥- 11 1 ri- 1 ,1 T» • r. ^ c rt A ; 1 i j '" '"^ '"t' same and His Royal Higlmess the Prince Regent ot Portugal, dated as thos.'i)ayHbl« the Nineteenth Yis.^ oi' Fehrunrij 0\w. thousand eight hundred on British and ten (1) : And whereas certain Rates and Duties, under Vessels. the Denomination of Lipht Duties, Pilotage, Ballast, Buoyage, and Beaconage Rates, Harbour Duties, and other Dues, are now payable by Law, Charter, special Privilege, or Grant, to the Corporation of Trinity House of Depfford Strond, to the Trustees of Ramsfjate Harbour, to otiier Bodies Politic and Corporate, and to sundry Persons in whom such Rates and Duties may be vested respectively, on Foreign Ships and Vessels, over and above the Rates and Duties payable on British Ships : And whereas it is expedient that the Object of the said Treaties should be effectually carried into execution ; be it therefore enacted. That no higher or other Rates or Duties shall be levied on Ships or Vessels of the United States of America, or on Portuguese Ships or Vessels, entering or touching at any of the Ports of the United Kingdom, or of His Majesty's Territories in Enrope, than are now or which may become hereafter payable on British Ships. Sect. 9. And whereas it is expedient that the said Corpora- Certain Cor- tion, Trustees of Ramsgate Harbour, other Bodies Politic and porations to be Corporate, and sundry other Persons, in whom such Rates and P^"^ the Differ- Duties are vested respectivelv, should be indemnilied for the ^'^^^XS'.. ," ^ T . , , ,. , • . , ■ <• 1 , on Bi iLish and Jvoss sustanied by means ot tins Act; be it lurther enacted, i.'orci"n Vesfels That the Difference in such Cases between the Rates and „nt of the Con- Duties due and payable on British Ships, and those payable on solidatcd Duties Foreign Ships, shall be paid out of the Consolidated Duties of "' Customs; Customs; and for the more effectual Security of the Public llevenue in respect of any Claims which in virtue of this Act may be made, all and every sucli Claim or Claims shall be transmitted by the aforesaid Trustees, Bodies Politic or Cor- porate, or Persons interested, or their Agent or Agents, to the Corporation of Trinity Hou>e of Deptford Strond, who are hereby required to examine the same, and, being satis-fied as to the Correctness thereof, are to certify the same accordingly, under the Hand of their Secretary or other proper Officer, together with such Claim as the said Corporation may have, to tiie Commissioners of His Majesty's Customs in London quar- terly, for their Order for the Payment thereof; and the said Commissioners are hereby required to direct Payment of such Claims out of the Consolidated Duties of Customs to the said Corporation of Trinity House of Deptford Strond ; and the said Corporation are hereby required, after retaining what may be due as their Right, to pay over to the Trustees o{ Ramsgate (1) This Treaty has since I'xpired. Y Y 4 696 APPENDIX. 59" Geo. 3. 0.54. Treaties. and the Duties of Package, &c. payable to the Corporation of London on account of American or Portuguese Subjects shall be payable in like Manner. Act may be altered this Session. Harbour, to other Bodies Politic and Corporate, and to the sundry Persons in whom such Rates and Duties may be vested respectively, the Amount of their respective Claims, subject only to such incidental or other Charges as have heretofore been made in the Collection of such Rates and Duties. Sect. 10. And in order that the Objects of the said Treaties may be more fully effected, be it further enacted, That so much of the said Duties of Package, Scavage, Bailage, or Portage, or any other Duties payable to the said Mayor and Commonalty and Citizens of the City of London^ or to the Lord Mayor of the said City for the Time being, as have been heretofore paid for or on account of American or Portuguese Ships, or American or Portuguese Subjects respectively, shall, after the passing of this Act, be paid out of the Consolidated Duties of Customs to the Collector appointed to receive such Duties ; and the said Collector for the Time being is hereby required to transmit to the Commissioners of His Majesty's Customs, quarterly, an Account or Certificate of such Duties payable on Foi'eign Ships, and by American or Portuguese Subjects, for or on account of Merchandize imported or exported by them ; the Amount of which quarterly Accounts or Certificates, after due Examination, and being satisfied as to the Correctness thereof, the said Com- missioners of His Majesty's Customs are hereby required from Time to Time to order to be paid to the said Collector for the Time being out of the Consolidated Duties of Customs accordingly. Sect. 11. And be it further enacted, That this Act may be altered, amended, or repealed by any Act or Acts to be passed in this Session of Parliament. Continuance of Sect. 12. And be it further enacted. That this Act shall con- ^''*- tinue in force so long as the aforesaid farther Convention between His Majesty and the United States of America, and the aforesaid Treaty between His Majesty and His Royal Highness the Prince Regent of Portugal, and so long as any Treaty to be made with any Foreign Power (1) with the similar Provision herein-before recited, shall respectively con- tinue in force. (1) Various Treaties of Reciprocity are carried into ellcct by virtue of this Act. Sec also 8 & y Vitt. c. 90, § 9. 7" Geo. 4. c. 5. APPENDIX. 697 7° Geo. 4. Cap. 5. An Act to give effect to Treaties of Commerce with Countries in America not at present provided with National Merchant Shipping. [22d March 1826.] WHEREAS Treaties of Amity, Commerce, and Navigation have been concluded between His Majesty and the Republics of the States of the Rio de la Plate and of Colombia respec- tively : And whereas it is expedient to give effect to such Parts of the said Treaties as require the Sanction of Parliament ; be it therefore 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 all Ships of whatever Built, and in whatever Way acquired, being duly owned and navigated as the Ships of the said Republics respectively, shall, for the Term of Seven Years from the respective Dates of such Treaties, be deemed to be the Ships of those Countries respectively in all Places under British Dominion ; any thing in the Law of Navigation to the contrary notwith- standing. Treaties. Ships owned and navigated as Ships of Rio de la Plate and Colombia to be deemed Ships of those Coun- tries. Sect. 2. And whereas Treaties of the like Nature may be The like Pri- concluded between His Majesty and other Countries in America viiege extended not yet provided with National Merchant Shipping, built or to Ships of acquired in manner required by the Law of Navigation ; be ?^ ^^"^ ''."" "^^ it therefore enacted, That all Ships of w'hatever Built, and in whatever Way acquired, being duly owned and navigated as the Ships of particular Countries in America, shall be deemed to be the Ships of such Countries respectively, in all Places under British Dominion, for any Term not exceeding Seven Years, agreed to in that Behalf in any Treaty between His Majesty and any of such Countries respectively ; any thing in the Law of Navigation to the contrary notwithstanding. 698 APPENDIX. 3" & 4 ' VitT. c. 95. .3" & 4" Vict. Cap. 95. Treaties All Act to enable Her Majesty to cany into effect certain (Austrian Stipulations Contained in a Treaty of Commerce and lllll jVavigation between Her jNIajesty and the Emperor of Austria ; and to empower Her JNIajesty to declare, by Order in Council, that Ports which are the most natural and convenient Shipping Ports of States within whoso Dominions they are not situated may in certain Cases be considered, for all Purposes of Trade with Her ]Majesty's Dominions, as the National Ports of such States. [10th Avgust 1840.] WHEREAS by an Act passed in the Session of Parliament of the Third and Fourth Years of His late Majesty King n&4W.4.c. 54. William the Fourth, intituled An Act for the Encouragement of British Shipjnng and Navigation, certain Goods therein enu- merated, being the Produce of Eurojye, are proliibited to be imjoorted into the United Kingdom to be used therein exce))t in BritisJi Ships, or in Ships of the Country of wiiich the Goods are the Produce, or in Ships of the Country from which the Goods are imported : And wliereas a Treaty of Commerce and Navigation was entered into in the Year One thousand eight hundred and thirty-eight between Her Majesty and the Emperor of Austria, whereby the Commercial Intercourse between Great Britain and Austria has been greatly increased : And whereas the Danube is the principal Outlet for the Pro- duce of a great Part of the Austrian Dominions, and the Ports of tlie Danube which belong to the Dominions of Turkey are tlie natural Shipping Ports for such Produce ; and by the Fourth Article of the said Treaty of Commerce and Navigation it was agreed that all Anstria7i Vessels arriving from tlie Ports of the Damtbe as far as Galatz inclusively sI)ou!d, together with their Cargoes, be admitted into the Ports of the United King- dom of Great Britain and Ireland, and of all the Possessions of Her Britannic INIajesty, exactly as if such Vessels came direct from Austrian Ports, with all the Privileges and Immu- nities stipulated by the said Treaty of Navigation and Com- merce : And whereas it is desirable, both in order to preserve good Faith with Austria, and to secure to British Subjects the Benefits of the said Treaty, that Her Majesty should be enabled to carry the Stipulations of the said Fourth Article into effect : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament Her Majesty, assembled, and by the Authority of the same, That from and by Order in after the passing of this Act it shall be lawful, notwithstanding 3" & 1" V ic r. c. 95. A lU^ENDIX. 699 any thing contained in the said Act oT the Third and Fourth Treaties Years of His late Majesty King William the Fourth, for Her (Alstrian Majesty from Time to Time to declare by Her Order in ('ouncil, Ireaty). to i)e published in the London Gazette, that all Austrian Vessels ro„„3^ arriving from the said Ports of the Danube as far as Galatz direct certain inclusively shall, together with their Cargoes, whether such Austrian Vcs- Cargocs be the Produce of Austria or not, be admitted into the ^(-'Is to be ad- Ports of the United Kingdom oi Great Britain and Ireland, m'tted into the and of all Possessions of Her Majesty, exactly in the same ,, .,* , ,..'^ •' • ' „ A • 1^ United Knii;- Manner as it such Vessels came direct \vom Austrian VoTta; dom, althoii"li and tliereupon, and for so long a Time as such Order shall be the Cargoes declared to be in force or shall remain unrevoked, it shall be may not be the lawful to import into the British Douiinions from such Ports l'rof'i|cc of of the Danube, in Austrian Ships, any (ioods which by the "'^•'■'a. Laws in force at the Time of such Importation might be there imported in Austrian Ships from Aiistrian Ports. Sect. 2. And whereas by the Application of Steam Power to Her IVLijesty, Inland Navigation, and the Facility thereby afforded of ascend- '^7 Order in ing Rivers in suitable Vessels with imported Goods, new ;0""ci , may ^ * tlirect rorei'^ii Prospects of Commercial Adventure are opened to many States Vessels to bo situated wholly or chiefly in the Interior of Europe, and whose admitted to most convenient Ports are not within their own Dominions, British Ports, at;d consequently the Trade of this Country with such States although sailing might be greatly extended if the Ships of such States were iJ^Xifthl^D?- permitted to use, for the Purposes of such Trade, some Ports niinions of the of other States in like Manner as if such Ports were within Country to their own Dominions, and accordingly Treaties of Commerce which such Ves- and Navigation beneficial to the Sliipping and Trade of this sels belong. Country might be made with such States if Her Majesty were enabled to carry such Treaties into efiect ; be it therefore enacted, That, notwithstanding any thing in the said Act of His late Majesty contained, it shall be lawful for Her Majesty from Time to Time to declare, by Her Order in Council, to be published as aforesaid, that any Port or Ports to be named in such Order, being the most convenient Port or Ports for ship- ping the Produce of any State to be also named in such Order, shall, although not situated within the Dominions of such State, be Port or Ports for the Use of tlie Ships of such State in the Trade of such Ships with all Parts of the British Domi- liions, or with any Part or Parts of the same named and limited in such Order, in as full and ample a Manner as if such Port or Ports were within the Dominions of such State ; and there- upon, and for so long a Time as such Order shall be declared to be in force or shall remain unrevoked, it shall be lawful to import into the British Dominions, or into such Parts of the same as shall be named and limited in such Order, from such Port or Ports, in the Ships of such State, any Goods which by the Laws in force at the Time of such Importation might then be imported in such Ships from a Port of the Country to 700 Treaties (Austrian Treaty). APPENDIX. 3"& 4'>VicT. C.95. which tliey belonged, and so to import such Goods upon the like Terms as the same could there be imported from the National Ports of such Ships. [The Third Section of this Act is not required for the Purposes of this Publication.] GENERAL INDEX. ABANDONMENT for Duty — in respect of what Articles allowed - _ - - in Colonies - - . - - damaged Tea _ _ _ _ ABATEMENT of Duty— not allowed for Defi- ciencies in Warehouse - . . nor in Colonies . . - _ . upon warehoused Spirits, Sugar, and Tobacco upon warehoused Corn _ _ _ ACCOUNT — for Coasting Voyage — . Particulars of - - when signed by Collector to be the Clearance of Ship and Transire of the Cargo ACCOUNTS — of Collectors to bo closed by Com- missioners of Customs - - - ACETOUS ACID — to be charged with Duty accord- ing to Strength _ . . ACTIONS — against Officers to be commenced within Six Months ^ . . what Notice to be given of — and when Evidence — beyond Cause of — stated in No- tice not to, be permitted _ - _ Officers may tender Amends in — Judge may certify probable Cause of Sei- zure . - _ - - IN Colonies, viz. — against Officers — Notice of - - must be brought within Three Months - Judge may certify probable Cause of Seizure _ _ _ _ • also that Defendant in Action acted upon probable Cause Officer may tender Amends — ACTS repealed - - - - - . former Orders in Council, &c. to be valid ADMEASUREMENT of Ships — of Steam Vessels - . - - Sec. 37 56 4 21 .52 22 23 121 lb. 16 133 121 117 118 119 116 79 80 81 83 82 2 3 16 17,18 Page. 275 318 688 266 316 267 268 88 10 93 154 153 lb. lb. 152 327 Jb. lb. 328 lb. 1 3 189 190 702 GENERAL INDEX. AD VALOREM Duties See Entry. AFRICA — Possessions in — Trade of, regulated Natives of — to be reported by Masters . - Bond to maintain them, Sec. AGENT — Authority of Principal may be demanded — '■ declaring Value of Goods without Authority of Principal - _ - . passing Entries without Authority of Prin- cipal ... - IN London — not to act without a Licence from Commissioners „ . _ to give Bond, unless a sworn Broker • not to have an unlicensed Partner Licence may be revoked by the Lords of the Treasury _ . - Law not to apply to Clerks of Individuals or Firms . - - _ ■ Names of Clerks of Agents to be endorsed on their Licences ... Treasury may extend Regulations as to Licences to Dublin or the Outports - ALDE RNEY- Jersey— Sark. — ^e Guernsey. ALIENS — Declaration to be made by Masters bringing - - - - - to deliver Passports to Officers, and to declare Name and Country _ . . Declaration of Name, &c. to be registered in a Book, and Certificate thereof to be delivered to the Alien - . . - Declaration of Master and Copy of Certificate to be transmitted to the Secretary of State Alien departing the Realm to deliver up his Certificate . - > new Certificate may be granted in case of Loss _ - . - - Certificates to be granted without Fee —- Penalty 100/. for forging Alien's Certificate - " how and when to be recovered • Foreign Ministers or their Servants or Aliens Three Years resident not affected by the Act ALLOWANCE to poor Persons confined for Of- fences . . _ - • in respect of Goods. — See Bounties ; Damage. AMENDMENT— Informations, he. may be amended AMENDS— Officers may tender — or pay Money into Court . - . ~— — also in Colonies - - See. Page. 90 8 lb. 142 331 33 96 21 40 19 39 158 Ih. 158 102 102 159 lb. 160 103 161 lb. 162 lb. 2 351 3 352 4 lb. 5 lb. 6 lb. 7 8 9 10 353 lb. lb. 354 11 lb. 80 138 101 119 120 82 146 153 154 328 GENERAL INDEX. 703 AMERICAN (iOODS in American Vessels to pay the same Duties as such Goods are liable to if imported in British Vessels such Goods may be ^old by Auction free of Auction Duty on Account of original Im- porters - - _ - AMERICAN VESSELS to clear for the British Settlements in the East Indies, subject to same Regulations as British Vet^sels to pay the same Port Dues and Pilotage as British Shijis - - . Vessels of American States with which Treaties are made, to be deemed Vessels of such States - - - . ANIMALS used in Removal of run or prohibited Goods forfeited - - . . APPEALS — in Colonies — Limitation of - • Security to abide Result APPROPRIATION —Papers of -to be sent to the Exchequer by Receiver General ARMS, Ammunition, &c., prohibited to be im- ported - - may not be imported or brought into Ireland without Licence - - - may be imported or brought into Ireland for personal Defence - - imported or brought into Ireland without Licence, liable to Seizure Penalty for so importing - _ - how to be recovered . _ . how such Penalty to be remitted Proof of Licence to lie on Person claiming the Benefit of it - ARMY— Power of Officers of — to seize Goods, &c. - - - ARRIVAL of Vessel — Time of, defined - ARTICLES — Parts of, imported separately, prolii- bited in certain Cases . .' _ Foreign, bearing British Marks, prohibited - ■ also in Colonies - - _ . ASIA. See Navigation. ASSAULTING Officers, &c. - - and in Colonies - - _ . also - - - . - ASSEMBLING to run Goods, or procuring others to do so - armed to the Number of Three or more Sec. Pas 2 28 86 87 23 63 26 27 28 lb. 692 693 694 lb. 697 116 329 330 13 59 355 lb. lb. 45 47 356 357 48 lb. 33 136 118 94 63 lb. 10 59 294 66 67 71 133 322 324 56 63 128 132 704. GENERAL INDEX. ASSISTANCE— Writ of in force during Reign in which granted, and for Six Months after - _ - in Colonies - - - - ATTENDANCE in Office — Hours of AUDITORS to pass Accounts of Receiver General - and to pass Accounts closed by Order of Commissioners - _ - _ AUSTRIAN VESSELS from the Danube to be admitted into British Ports with other than Austrian Produce . - _ AVERAGE PRICE — of Corn — Certificate of— to be sent to Officers ... Duty on Corn governed by this Average of Sugar — to be published in Gazette to apply to East Indian Sugar - AVERMENT of certain Matters — in what Cases — sufficient - - - . - also as to Ports ... BAGGAGE of Passengers Outwards BAIL — for Appearance of Person sued by Capias to answer Prosecution, Penalties, &c. Person taken to Prison for Want of — to be served with Copy of Information in Gaol - Bond to be assigned to the Queen at Request of Prosecutor - - _ . in Colonies given for Things seized BALLAST — Ship Inwards — Master to report Ship Outwards in Ballast — Master to answer Questions _ . . Ship Outwards — having Goods reported for Exportation . . - - having Passengers and their Baggage - having Goods for the Crew of Foreign Ship, or Chalk for Ballast — Slates and Chalk deemed to be BEEF and Pork shipped from Warehouse as Stores in Colonies - - - - Regulations in respect of - BILL OF LADING — a Copy to be produced by Master - - - - - BILL OF SIGHT — Goods may be entered by perfect Entry of such Goods to be made in Three Days _ - _ _ ■ ■■■ ■ or Goods to be taken to the Queen's Ware- house _ - - . Sec. Page. 40 121 41 lb. 70 324 11 9 15 10 16 lb. 1 698 28 424 lb. 2 686 145 97 f 130 1131 }l59 130 lb. 91 74 109 148 110 149 125 157 74 325 7 32 88 73 lb. 91 74 92 75 89 73 58 319 lb. 10 34 24 42 lb. 25 Jb. GENERAL INDEX. 70; BILL OF SIGHT — continued. Deposit of Duty to be made in respect of such Goods - - . _ . • if Deposit insufficient no Part of the Goods to be delivered vvitiiout perfect Entry of the whole ... Importer to endorse Particulars of the Goods on the Bill of Sight, and to sign it Goods concealed in Packages landed by Bill of Sight forfeited - - - ■ in Colonies . - . . BILL OF STORE . . . , See also Returned Goods. BLUBBER OIL, &c., of British taking — Certificate for . . - . Declaration of Master and Importer also direct from the Fishery BOARDING SHIPS— on Arrival— proper Stations for — - - - - - Ships on Coast Voyages - - Officers to board Ships Inwards to be provided with Berths - _ . BOATS belonging to Vessels to have Vessel's Name, &c. painted on the Stern not belonging to Vessels to have Owner's Name, &c. painted on the Stern Fishing and Pilot Boats to be painted Black .... See also - - . . used in Removal of run or prohibited Goods, forfeited ----- in Colonies — used in Smuggling, forfeited - by whom may be seized BONDS, except warehousing, to be taken by the Collector or Comptroller for due Performance of any thing relating to Customs, valid - - when become void _ - . of Agent, licensed in London of Officer, on Appointment for Coals exported to British Possessions for Goods exported for Bounty on Exportation of Plate Stamp reduced Coastwise, not to export certain Goods for Costs of Appeal against Valuation of Lands by a Jury - _ _ for Goods by Licence to Isle of Man for Bounty Sugar to Isle of Man z z Sec. 26 Page. 12 13 43 27 lb. 28 lb. 29 lb. 33 307 33 45 47 52 lb. 48 53 12 35 124 90 14 36 150 99 112 lb. 14 lb. 2 599 11 111 66 322 67 Hk 130 92 131 93 130 92 158 102 6 6 77 69 3 284 76 68 119 87 40 24 8 342 18 345 706 GENERAL INDEX. BONDS — continued. for Tobacco shipped for Navy of Registry and of Master Stamp Duties on - of Salvor, or Lord of Manor, for Goods derelict - - . - for Goods warehoused in Colonies for Removal of same _ - - for due Exportation of Cards how discharged . . - - See Head Warehouse, Titles Bond, and Removal. BOOKS wherein Copyright subsists prohibited also in the Colonies _ - - List of such Books to be exposed at Custom Houses ----- also in the Colonies . - - BOUNTIES and Allowances — viz. Table of Bounties Outwards Bond for Exportation of the Goods Sugar Candy — Package Outwards - Sugar crashed in Warehouse for Shipment - how to be warehoused for crashing found in improper Part of Warehouse forfeited . - - - Double-refined — Samples of - entered as Double- refined or as equal to Double-refined not equal to the Standard, forfeited - - - BRIBES — Persons offering — to Officers - also - - - - in Colonies . - - . BRITISH MARKS — Foreign Articles bearing — prohibited - - - also in Colonies . . - - BRITISH SEAMAN — what constitutes Foreigners serving Two Years in War Time to become such . - . BRITISH SHIP not to depart Port unless duly navigated . . - - having Excess of Foreign Seamen, Master liable to a Penalty of 10/. for each Seaman Ships built in India prior to 1816 to be deemed British Ships for certain Purposes BRITISH SUBJECTS — Persons escaping from Boats during Chase deemed to be - - - - Sec. Page. 107 80 23 192 25 194 53 54 52 316 57 318 28 360 29 361 63 59 9 294 144 97 9 294 1 10 283 683 3 284 4 lb. 5 lb. 6 285 Ih. 7 lb. 8 286 35 119 8 7 68 323 63 59 10 294 17 172 18 173 19 lb. 20 174 92 332 5 108 GENERAL INDEX. 707 BRITISH SUBJECTS — continued. enlisting in Foreign Service guilty of Mis- demeanor _ _ . - may be apprehended by Warrant of a Justice - _ . Masters of Vessels taking or engaging to take such Persons on board liable to a Penalty of 50/. for each Person so taken or engaged British registered Vessels must be navigated by a Crew of which Three Fourths are such - - - - Coasting Vessels by the whole Crew, British - BUILDER'S Certificate BULLION may be imported from any Place and in any Ship _ - . and landed without Report or Entry BULK not to be broken before Report of Ship what deemed breaking - _ - if broken Master forfeits Penalty of 100/. - Vessels departing from Guernsey and breaking Goods warehoused in Bulk to be delivered in whole Quantities, or of a Ton BURDEN — of British Ships to be that in Cer- tificate of Registry, of other Ships to be ascertained in the same Manner as that of British Ships . . . - CAMBRICS — not properly manifested, forfeited CANADA WHEAT - Duty on - CAPE OF GOOD HOPE deemed in Limits of Charter as to Duties - - - and as to Trade with the Colonies Wine of — Certificate of Production of, to be delivered at the Time of Entry - East India Sugar warehoused at — to be ad- mitted at the Duty upon such Sugar, direct ----- CAPIAS may issue against Person sued where Party has been before convicted he is to find Bail to the full Extent of the Penalty - - - - Person arrested on Capias, and not pleading special Warrant may issue on Request of Solicitor for the Customs - . - CARDS — Regulations for exporting Bonds for due Exportation how discharged - exported contrary to Directions of Act, or relanded, forfeited - . - z z 2 Sec. 13 lb. 28 3 4. 2 Ih. lb. lb. 9 40 138 3 1 18 62 41 40 109 106 110 112 28 29 Page. 472 474 476 170 196 168 lb. 30 110 277 95 30 440 220 321 50 49 148 Jb. 149 150 360 361 30 362 708 GENERAL INDEX. CARDS — continued. Penalty for having in possession Cards stamped for Exportation - - - for relaiiding Cards shipped for Exportation - for the Isle of Man — Regulations foreign Cards not to be warehoused without the Name of the Maker, or with any Bri- tish Maker's Name such Cards forfeited - - - CARRIAGE of Goods to Warehouse from Warehouse to Ship ... CARRIAGES — used in Removal of run and pro- hibited Goods forfeited also in Colonies . . - - CARRYING AND CONVEYING — Spirits and Tobacco summary Proceeding for _ . - Tea and manufactured Silk - - - CARTS, &c., may be searched on reasonable Suspi- cion _ . . - CAUSE — probable — of Seizure . - - in Colonies - . _ - also of Action - - CERTIFICATES — OF Production may be Goods by order of the the Treasury Goods in respect of which of Production is required, without, deemed Foreign for Sugar, Coffee, Cocoa, or Spirits, Produce of British Plantation in America or Mauritius, required upon Entry - „ . . how to be obtained and Contents of on Reexportation - - - for East Indian Sugar ... how obtained - - - for W^ine of Cape of Good Hope how obtained - - - ■ for Goods from Channel Islands, when required - - - - how granted - - - from Isle of Man _ _ .. also - _ - - for Blubber, &c. imported from a British Possession . - - \vhen imported direct - Sec. required for any Commissioners of Certificate imported 30 31 32 33 Ih. 15 49 28 66 51 57 52 42 116 81 83 37 lb. Page. 38 48 41 311 42 312 S9 49 5 685 41 50 93 332 43 51 94 332 23 347 43 51 47 52 48 53 362 363 lb. 364 264 280 116 322 126 129 126 121 152 327 328 48 GENERAL INDEX. 709 CERTIFICATES —cow^mwec?. OF Pkoduction for Sugar from China, he, and when admitted from Foreign Countries by Order in Council, when required by whom granted, and Contents of for such Sugar im^jorted from a British Possession - - - . of Corn from a British Possession OF Clearance of Ship from British Posses- sions not the East India Presidencies how granted _ _ . to state Goods named in it to be British, othei'wise they are to be deemed Foreign . . - « as to Vessels carrying Timber - of last Voyage to be delivered by Master before Ship entered Outwards OF Registry, Form of - By whom to be granted - - - Builders . - _ - CERTIORARI— Writ of— not to issue without Affidavit - - - - nor without Notice to Solicitor for the Customs Sec. Page. CHALK — Ballast - . - - CHANNEL ISLANDS — See Guernsey. CHINA — Trade with, open to British Subjects Superintendents of Trade with, to be ap- pointed ----- not to accept Gifts or to Trade Power to such Superintendents to make Re- gulations as to Trade, and to create a Court of Justice - - - - Tonnage Duty to be imposed to defray the . Expence of Establishment . Limitations and Notice in Actions brought on account of Acts done in pursuance of the Act ----- CITY DUES — Goods liable to — Coastwise not affected by American Treaty CLAIMS for Things to be entered in the Name of the real Owner, who is to make Oath to the Property - - the Oath may in certain Cases be made bv the Agent 3 4 680 lb. 5 5 lb. 412 36 22 47 301 23 r 24 <^ 25 I 26 302 302 303 lb. 69 2 3 28 65 111 179 196 101 102 f 89 192 146 lb. 73 75 2 365 5 7 367 368 6 367 8 368 9 124 7 lb. 157 694 114 151 Jb. 710 GENERAL INDEX. CLAIMS — continued. Security to be given by Owner or Agent making Claim - - . . . if not made, Goods (Jeemed to be condemned . Proof of Payment of Duties on Goods claimed to be on Owner or Claimer IN Colonies — . to things seized — to be entered in the Name of the Owner Claimant to give Security to pay Costs - Proof of Payment of Duties to be on Claimant - - - if Claim not made, Goods deemed to be con- demned . - - - CLEARANCE, viz. OF Ship Inwards — prior to Entry Out- wards - - - prior to lading Coastwise OF Ship Outwards — viz. with Goods or Stores - - - ■ Master failing, forfeit 100/. Certificate of last Voyage to be delivered on Entry Outwards with Passengers only, as in Ballast < with Articles for Crew only, as in Ballast with Goods reported Inwards for Ex- portation - - - Copy of Report for Clearance Master to deliver Content to Searcher Shippers to deliver Cockets to Searcher — — to be notified on Content and on File of Cockets, &c. - - - to be delivered to Ship at Stations ap- pointed in Ballast - - _ See Coastwise. • OF Goods for Shipment, viz. — — Particulars of — to be endorsed by Ship- pers on Cockets _ _ - Cocket to be produced for each Shipment Shipping Bill to be delivered to the Searcher - « _ Order of Searcher for Shipping Value of Exports to be stated in case Value cannot be then ascer- tained, Three Months further Time allowed shipped and not duly cleared, forfeited - Sec. 115 99 128 rage. 152 145 159 77 78 326 327 76 326 69 323 69 117 65 86 67 lb. 64- 69 91 92 65 74 75 86 90 86 Ih. 72 74 72 lb. 87 88 73 lb. 78 79 69 70 lb. lb. 81 lb. lb. 78 69 GENERAL INDEX. 711 CLEARANCE — cotitinued. of Vessel departing from Guernsey, &c. from Possessions abroad, except the East Indian Presidencies of Goods in Colonies . _ - Certificate of - - - - to be delivered upon Arrival Goods not stated in it to be British Produce, deemed Foreign before granted in North America or Honduras Officer to ascertain that the whole Cargo is below Deck - of Fishing Vessel in Newfoundland CLOCKS and Watches prohibited to be imported prohibited to be exported . - - COALS— Export Bond for — to British Possession - Fitters, Certificate for - . - not to be re-exported thence, except on Pay- ment of the Foreign Outward Duty and upon Bond for due Exportation brought Coastwise may be exported without landing _ - _ - COASTWISE— what Ships coasting Ships what Trade by Sea so deemed in doubtful Cases Treasury may decide - Ship — confined to Coast Voyage may not take in or put out Goods at Sea Ship may not deviate in her Course forced over Sea — Master to state the Fact on return ... Notice of Intention to lade of Ship's Arrival - • - Particulars of - - to be delivered within Twenty-four Hours, or Penalty of 201. on Master - of Arrival between Great Britain and Ireland _ _ _ . — to be delivered by the Master Particulars of Excisable Goods to be stated in it • Sufferance for Goods ... Exciseable Goods ... - Bond not to carry over Sea certain Goods Cargo Book .... Transire — at Port of Clearance at Port of Arrival - - - — — granted for a Year in certain Cases z z 4t Sec. Page 9 110 22 301 lb. lb. 36 47 23 302 24- lb. 28 304 63 59 112 82 77 69 157 101 98 334 80 70 113 84 lb. 114 85 115 lb. lb. lb. lb. 116 lb. lb. 117 86 lb. 118 lb. Jb. lb. 119 87 r 118 1122 86 89 119 87 120 lb. 121 88 122 89 123 Jb. 712 GENERAL INDEX. COASTWISE — continued. Goods to be entert'd for Duties of Customs or Excise _ - _ - Officers may board Sliips - - Times and Places for lading and unlading Prohibitions Outwards may be extended to Coastwise _ - _ - COASTING TRADE in Colonies — Commissioners of Customs may make Regulations for may declare Trade between neighbouring Colonies a Coasting Trade COCKETS — for Goods Outwards Particulars of Goods exported to be endorsed upon them _ . . _ for Goods for Drawback at a Port other than that of Importation _ - . Parties to keep and be answerable for the Use of them ... • to be filed and labelled for Clearance of Ship to be delivered by the Searcher to the Master at Station appointed of Goods shipped at a former Port to be produced for each Shipment falsified — Penalty 100/. - may be demanded by Boarding Officer Goods imported from United Kingdom in Colonies must appear upon Cockets to have been duly cleared Outwards COCOA — damaged Parts of may be separated and abandoned for Duty - _ . no Abatement of Duty for Damage of — received on the Voyage British Plantation — Certificate of how issued in the Colonies also for Re-exportation COCOA NUTS — Allowance for Waste of — in Warehouse for Exportation COFFEE — Allowance for Waste of — in Warehouse for Exportation _ . . damage d Parts of — may be separated and abandoned for Duty - - - no Abatement of Duty for Damage of — re- ceived o!i the Voyage - - _ British Plantation — Certificate of Production how to be obtained on Re-exportation from another Colony East Indian — may be imported into the West Indies, &c. in certain Cases Sec. Page. 122 124 125 126 29 SO 70 78 72 70 86 87 69 79 93 lb. 38 37 32 38 41 42 46 46 37 32 38 41 42 lb. 90 lb. 91 305 306 66 69 67 66 72 73 65 70 75 310 276 44 48 311 312 279 279 275 44 48 311 312 292 GENERAL INDEX. 713 COFFEE — coiUhiiied. Certificate of Produce for East Indian Coffee though British deemed Foreign in certain Cases in certain Colonies prohibited to be imported, but may be warehoused COLLECTOR in London to pay Duties daily to Receiver General - - - &c. of Customs may administer Oaths in certain Cases . _ - COLLUSION— Officers acting collusively also . - - - ■ in Colonies COLONIAL Law not to be repugnant to Act of Parliament _ . - Duties under — not included in Exemptions by Act of Parliament unless mentioned COLONIES — Courts in — having Jurisdiction Goods from — without Certificate of British Produce, deemed Foreign Where no resident Officer of Customs Duties of such Officer to be performed by Her Majesty's Principal Civil Officer - where there is no Comptroller Acts done by Principal Officer valid Importatition of British Goods into Colonies to be direct . . - - See Possessions. COLOURS of Navy — by whom not to be hoisted - liable to Seizure ... COMMISSIONERS of Customs may administer Oaths in certain Cases of Treasury. — See Treasury. may close Accounts of Collectors may grant general Transires ^ may restore Seizures and remit Penalties . also . - - - ■ • also _ - - - - CONCEALMENT — Vessels or Boats having false Bulk Heads, &c. forfeited of Goods in Packages, entered by Bill of Sight - - - - .. of Goods on board Vessels . - - • also ------ CONSTABLES searching for run Goods by Writ of Assistance . . . - CONSTRUCTIVE Warehousing CONVICTION— Form of Time to i)ropare - - - 6 14 27 35 77 68 63 64 73 23 32 37 39 10 lb. 28 15 16 10 123 89 45 122 147 98 148 99 15 112 29 43 lb. 117 14 36 40 121 24 269 107 148 58 130 714 GENERAL INDEX. CONSTRUCTIONS of Terms used in Acts CONTENT — Particulars of - to be delivered to Searcher in Colonies . - - - - COPYRIGHT— Book — Definition of - Copies of Books published to be delivered at the British Museum also to Officer of Stationers Company for the Use of certain Libraries Books — wherein Copyright subsists, printed abroad, not to be imported, and to be seized and destroyed if imported Copies of Foreign Books, Prints, &c. to be deposited in the British Museum Copies of Foreign Books claiming Copy- right under an Order in Council printed in other Countries than those where the Book was first published prohibited to be imported British Dominions — Definition of - - Definition of - _ . . ■ ■ also - _ - . Endurance of - - - - also - _ - - _ Entries of — to be made in Book of Registry at Stationers Hall - - - also as to Encyclopaedias, &c. Sec. in Articles published in an Encyclopaedia or Magazine - - - - to be personal Property - - - in Books, &c. published abroad may be granted by Order in Council the Copyright Amendment Act to apply to such Books - . . Engraving and Sculpture Copyright Acts to apply to Foreign Prints and Articles of Sculpture to which Copyright is granted by Order in Council Definition of . - - . Dramatic Pieces and Musical Compositions — Term of Property in Authors of Foreign Dramatic Pieces to have by Order in Council the sole Right of representing them in the United Kingdom Duty on Foreign Books, &.c. claiming Copy- right under an Order in Council - Page. 127 91 86 72 lb. 22 301 2 384- 6 386 8 387 17 390 11 405 10 lb. 2 384 2 lb. 20 407 3 385 4 lb. 13 389 19 392 18 391 25 394 2 400 3 401 4 ]b. 2 384 20 5 1 392 402 408 GENERAL INDEX. 715 COPYRIGHT — continued. List of Books in which it exists to be exposed at Custom Houses . _ - also in the Colonies Musical Compositions — Authors of Foreign tions to have, by Musical Composi- Order in Council, the sole Right of performing them in the United Kingdom Penalty for not delivering Copies of Books for Use of certain Libraries - for importing Books wherein Copj^right subsists when printed abroad or selling such Books - - - - Piracy — Remedy for . - - in Actions for Piracy Defendant to give Notice to Plaintiff of the Objection to Plaintiff's Title upon which he means to rely . - . pirated Copies of Books to become the Property of the Owner of the Copy- right . _ _ - Registry Book of -for new Publications to be kept at Stationers Hall also for Foreign Books, Prints, &c. claiming Copyright under an Order in Council _ - - - Enactments of 5 & 6 Vict. c.45. to apply to Registry of Foreign Books, &c. CORDAGE — Foreign — in British Ships to be reported _ - - - when and how liable to Duty, Table (A.) Sec. CORN — Abatement of Duty for Deficiencies upon Corn in Warehouse , - - Accounts of Imports, &c. to be published in Gazette _ . . Appointments of Inspectors of Corn Returns to be enrolled _ - - - Average Prices to be published and trans- mitted to Collectors of Ports in the United Kingdom and of Douglas Certificate of Production of British Pos- sessions . . - - - Comptroller of Corn Returns to be ap- pointed - - - - may issue Directions to inspect Books of Inspectors . - . 144 9 5 10 17 15 16 23 11 Page. 97 294 402 388 390 389 390 393 388 6 402 8 404 7 32 — 230 23 268 7 413 16 417 28 424 5 412 10 415 34 426 716 GENERAL INDEX. CORN — continued. Dealers in Corn in Cities and Towns to make Returns of tiicir Purchases in London to make weekly Returns to the Inspector, of" Corn sold by them . . _ Declarations as to Returns to be made bv Dealers in Corn in London Duty upon - - - - in the Isle of Man - - _ governed by Average not subject to Duty under Customs Duty Act - - ground — except Wheat Meal, Wheat Flour, and Oatmeal, prohibited to be imported Inspectors of Returns for City of London for Oxford and Cambridge ■ Officers of Excise to act as - who not eligible to be Inspectors to transmit weekly to the Comptroller of Corn Returns an Account of Quan- tities and Prices of Corn sold Malt prohibited .... also - - may be prohibited to be imported from States in which higher Duties are levied on British Vessels or Goods than on national Vessels or those of other Countries Penalties, how to be recovered Penalty on Dealers in Corn for not making Declaration required by the Act on Witnesses not attending before Jus- tices ... - Previous Acts relating to — repealed ^ Produce of the United Kingdom to be deemed British Corn - - . - Returns to be made weekly of Purchases and Sales . . - - Quantities of Corn in such Returns to be computed by Imperial Measure such Returns to be fixed in Market Places ■ making false Returns a Misdemeanor CORRECTION — House of— Persons liable to be committed to - also . _ - . Expence of Maintenance in - - Persons convicted in any Court, having been before convicted, may be sent to « - Sec. rage. 25 422 18 418 17 Table . 3 28 417 432 412 424 2 213 6 12 14 20 15 413 415 416 419 417 26 63 6 423 59 413 8 40 414 430 39 429 41 1 431 411 31 426 9 415 29 35 42 425 427 431 50 56 81 125 128 139 105 147 GENERAL INDEX. 717 COURTS ill Colonics having Jurisdiction CREWS of Vessels, Number limited, except with Licence ... CROWN, Property of — imported for Sale, liable to Duty also in Colonies - _ - CURRENCY and Weights and Measures - in Colonies . _ - CUSTOM HOUSES in Colonies, Inland, may be established by Governors DAMAGE — Abatement for - . . not given to certain Goods how Abatement to be assessed upon wrecked Goods _ . - DEBENTURE GOODS, viz. Entry to be made in Name of Owner or of Commission Merchant Declaration to Property - - - Right to Drawback . _ Owner not resident — Agent may pass Entry and receive Drawback ... of Joint Stock Company ... Owner abroad consigning Goods to be re- exported ... Limitation of Time for Shipment for Payment of Debenture Goods entered for Drawback, not being worth it, to be forfeited ... Debenture when to be issued and passed by whom to be paid . _ - and when . . . _ if not duly exported, or if re-landed, for- feited - - - - DECLARATIONS — false, or false Answers to Questions - _ . . substituted for Oaths in certain Cases DEFINITIONS of Terms used in Acts DENIAL — of Goods on the Person — Penalty DEPARTURE — of Vessels — Time defined DEPOSIT upon Bill of Sight DERELICT and Wrecked Goods liable to Duty Place of Produce of, how to be ascertained — Abatement for Duty in respect of Damage to - - - - for what Goods not allowed r<>taining them without Notice, Penalty 100/. Sec. Page. 73 325 17 113 50 53 14 298 129 92 17 299 4-5 313 30 44 32 lb. 31 Jb. 52 54 95 76 lb. 96 76 lb. 97 77 Jb. 98 lb. 99 lb. 3. 74 68 100 78 15 10 99 77 103 79 4 » 143 96 2 541 127 91 39 121 136 94 f 26 1 27 43 lb. 51 54 lb. 52 lb. lb. 53 lb. YI8 GENERAL INDEX. DERELICT — continued. maybe retainer! by Salvor or Lord of the Manor upon Bond given for Payment of the Duties if reported to Officers of Customs and not claimed, how to be dealt with . to be restored upon satisfactory Claim DESTROYING GOODS — to prevent the Seizure of them DETENTION — Persons liable to also - - - - also - - - - also - - - - also - - - - . escaping may be detained at any Time afterwards _ - - DIAMONDS importable from any Place and in any Ship - . . - and without Report or Entry DICE — Export Regulations - - - DIRECT — Importation to be direct . if not direct into Colonies, Goods to be deemed Foreign - - . DOCUMENTS by Commissioners — Number of Sec. Hands to by Treasury falsified in Colonies Number of Hands DRAWBACKS — on rough Rice cleaned - Conditions of - managed by Commissioners - . - not allowed on Tobacco not properly manu- factured - _ . . also _ . - . such Tobacco entered for Drawback forfeited, and Party entering it liable to Penalty not allowed on Goods of less Value than the Drawback claimed - - - such Goods forfeited, and Party entering them liable to Penalty ... Goods to be entered by the Description used in granting the Drawback how to be entered at a Port not that of Im- portation _ - - _ Bond for due Exportation to be given for such Goods not being Wine - - - Plate — Bonds for due Exportation of, liable to same Stamp as other Bonds relating to Customs - - 53 .54. lb. 56 50 51 52 53 12 59 3 2 28 49 39 Page. 54 55 128 125 126 lb. 127 690 130 168 29 360 53 310 4. 6 46 27 141 96 99 334 15 220 16 lb. 1 215 73 68 14 691 73 68 74 lb. lb. 71 67 72 lb. 75 68 76 Jb. GENERAL INDEX. 719 DRAWBACKS — contimied. of Excise upon exported Goods not to be affected by 8 & 9 Vict, c. 94. The Isle of Man Act Goods shipped for not agreeing with Endorse- ment on the Cocket liable to Forfeiture not allowed upon Goods shipped to the Isle of Man without a Certificate of Landing Goods not to be waterborne except by licensed Lightermen . _ - on Wine — for the Use of the Navy - to continue payable upon Goods whereon Duty had been previously paid DROITS — of Admiralty sold in the Kingdom liable to Duty - - - - DUTIES — Table of consolidated additional 4rf. per Gallon on Spirits and Five per Cent, upon all other Goods in Colonies - . . - Exemptions from ... - on Corn regulated by Average Proof of Payment on whom to lie overpaid Time of Claim for, limited - Inwards, Entry for Payment of - Abatement of, for Damage how such Damage ascertained Goods for which Abatement is not allowed . - - Outwards, Entry for Payment of - - Coastwise, Customs or Excise ■ managed by Commissioners also ----- also in Colonies - - - in London to be paid over to the Receiver General - - - - retaliating on Foreign Countries not payable on first Entry if Goods be ware- housed . - ~ - - payable in British Currency, &c. according to Imperial Weights and Measures - - - and on greater or less Quantity or Value Management of - - . - made Part of Consolidated Fund Arrears prior to passing 8 & 9 Vict. c. 90., to be deemed Duties under that Act payable on Goods warehoused prior to Act - Sec. Page. 82 71 16 345 84- 71 101 78 102 lb. 104 79 5 215 51 54 2 213 4 214 11 295 Ih. 28 424 128 159 137 95 f 16 I 18 37 38 30 44 31 lb. 32 lb. 70 66 122 89 7 215 129 92 17 299 14 9 8 215 17 220 129 92 lb. lb. lb. 22 222 23 lb. 6 215 720 GENERAL INDEX. DUTIES — contimied. Duties upon Goods of Countries wherewith there are Treaties of Reciprocity to be governed by the Provisions of the Act for Convention of Commerce between Ame- rica and Portugal, 59 G. 3. c. 54. . P rivileges to Foreign States not to be greater than those stipulated for by Treaties . Her Majesty by Order in Council to declare with what States Treaties are subsisting - . may be reduced by Lords of the Treasury upon the Goods of States with wliom there are Treaties of Reciprocity on Canada Wheat In Colonies : Table - - - - . to be increased upon Articles charged by Colonial Acts with Duties beyond the Imperial Duty Exemptions from — by Act of Parlia- ment, not to include Duties under Colonial Laws unless mentioned unenumerated Articles may be exempted from Duty by Order in Council all British Ships to be subject to the same Tonnage Duties under Colonial Laws ... to be paid over by Collector to Trea- sury of the Colony - - - on Goods brought Inland — as on Goods imported by Sea . _ . charged on the Value of the Goods ascertained by Reference Importer refusing to abide by Valuation of Referees - - - to be levied in Sterling Money, accord- ing to Imperial Weights, and to be under the Management of the Com- missioners of Customs EAST INDIA COMPANY — Definition of the Terms Limits of East India Company's Charter Vessels of Countries in Amity with Her Ma- jesty may import into and export from the British Possessions in India Goods per- mitted by the East India Directors Vessels built and trading within Limits of Chartei', entitled to British Privileges Sec. Tagc. 9 216 10 217 11 218 12 lb. 1 440 11 295 15 298 64 321 16 299 20 300 18 299 46 313 34 307 35 309 17 299 127 91 1 376 1 378 GENERAL INDEX. 721 EAST INDIA COMPANY— cowftwwerf. Governor General may make Regulations as to registering, &c. such Vessels Acts of such Governors relating to Trade to be valid - . , . Ships belonging to native Powers may have the same Privileges - . - Matters directed to be done before the Go- vernor of any particular Place may be done before the Governor General EAST INDIA TRADE — American Ships may clear from United Kingdom for principal Settlements in India _ . . . EMBEZZLEMENT of warehoused Goods by Offi- cers — Loss from, to be made good ENTRY, v«z. Goods Inwards, viz. landed without Entry, or not duly entered, forfeited . - . in default of Entry may be landed by Officers - . - if Duties and Charges be not paid within Three Months, may be sold remaining on board beyond the Time allowed by Law, the Vessel and Goods may be detained until the Ex- pences of Officers paid Bill of Entry and Warrant for landing, or for taking out of Warehouse Entry must correspond with Manifest, Report, &c. - - Entry must describe Goods with Cha- racters and Circumstances according to which Duty is payable Entry must state Quantities or Value - Free Goods formerly subject to ad valorem Duties — Value to be stated if Value falsely stated. Penalty 20/. Form of Declaration of Value Goods undervalued may be taken for the Crown ... but may be restored unauthorized Persons not to make Entries - . - or Declarations of Value Entry by Bill of Store Sec. of Ship Outwards f5 A 6 47 2 16 lb. 17 18 20 lb. 21 23 lb. 21 22 147 19 21 33 69 Page. 379 380 lb. 381 694 279 29 37 38 lb. 39 40 41 40 41 98 39 40 45 65 T2-2 GENERAL INDEX. ENTRY — continued. Goods Outwards - _ » such Goods shipped without Entry — forfeited - - - - Bill of Entry and Cocket for Shipping - Goods for Drawback how to be entered how at a Port, not that of Importation - IN Colonies — of Ship Outwards - - - of Goods to be made Inwards and Out- wards _ - - Inwards to be made within Twenty Days after Arrival of Goods Particulars of - - • not valid, vinless sucli Particulars cor- respond with the Report, and the Goods are properly described — — where no Collector to be made with Principal Civil Officer . by Bill of Sight - ' perfect Entry of Goods landed by Bill of Sight to be made within Three Days, or Goods may be taken to the Queen's Warehouse if no Entry made within Twenty Days the Goods may be taken to the Queen's Warehouse, and sold, if Duty not paid in Three Months ■ Goods undervalued for Duty, Mode of Proceding ENUMERATED Articles — from Europe EQUIPMENT — Warlike — forbidden ESCAPE of Smugglers and subsequent Apprehension of til em - _ ., - also _ _ _ - EVIDENCE viva voce of certain Matters sufficient - EXAMINATION of Witnesses on Oath by Surveyors General - . . - EXCHEQUER — to be furnished with Appropriation Papers _ - _ . EXCISE — Drawback of — on Goods exported — not to be affected upon Goods carried to the Isle of Man _ . . ■ Goods subject to Regulation of - — Officers of — may attend Examination of imported Goods . . - also of exported Goods upon v/hich Drawback is claimed Sec. 70 66 70 71 72 22 29 36 31 40 32 33 lb. 36 34 2 2 59 135 132 28 23 82 16 5B lb. 83 GENERAL INDEX. 723 EXCISE — continued. Goods subject to Duty of Excise Coast- wise . - - imported from Guernsey, countervailing Duty EXPORTATION — Time when made — defined - FALSIFYING Documents in Colonies - - - - FEES, unauthorized, not to be taken by Officers Penalty for offering . - . FELONIES — Assaulting Officers in Colonies with Force or Violence - - Three or more Persons armed and assembled to assist in Smuggling shooting at or upon any Vessel or Boat of the Navy, &c. wounding any Officer - - - Person in Company with Four others found with Goods liable to Forfeiture Person in Company with one other within Five Miles of a navigable River armed or disguised - - - . forging Handwriting of Receiver General FIGS — damaged on Voyage — no Abatement of Duty .... FISH — of British taking not to be reported or entered - - . - British taken or cured — free of Duty of Foreign taking — to be landed and entered under Directions of Commissioners of Customs . - - . not to be imported unless in Vessels regularly cleared FISHERIES — British— Produce of to be imported from Guernsey or Jersey • Articles for Use of, exempt from Duty, in the Colonies ... Regulations respecting such Articles FISHERY CONVENTION — Appeal against Convictions Articles for the Guidance of Fishermen con- firmed - - - - may be suspended as to the Irish Fish- eries . - - - Execution of the Articles to be super- intended by Cruisers of each Nation Art. 63. .'} A '2 Sec. Page. 122 42 136 141 99 8 lb. 71 63 64 lb. 65 89 50 94 96 334 7 324 132 133 lb. lb. 25 14 32 44 2 29 46 52 61 59 63 lb. 44 51 11 295 12 297 17 454 1 448 6 450 - 464 724 GENERAL INDEX. FISHERY CONVENTION — eo«/m?ili-»]io*»/1 T7;.^l-» /-»*»*T T^ I ..^ 4- o n rt i-k iiTi^l-iin tirVii/^li if is forbidden altered from a League and a Half to Three Miles 2 449 1 Salvage for Boats, &c. picked up at Sea to be awarded by Collectors - - - 15 454 Boats, Nets, he. picked up at Sea how to be disposed of - - Art. 61. — 464 — 62. ~ lb. Trawl Fishing — Limits of - Art. 16. — 459 Trawls — how to be made - Art. 17. — lb. — 18. — 460 — 19. — lb. — 20. — lb. — 21. — lb. — 22. — lb. — 23. .— lb. Trawl Fishing forbidden where Herring or Mackarel Fishing is going on - Art. 24. — lb. T^*irt«»rl T2/-\r»+r< 4- 4-\ \r ^r\tr^ T^K*.^^ l\/T»l/^£> •Pw^t^ttri T-I/-»*» ring or Mackarel Boats - Art. 25. __ lb. to depart when such Boats commence fishing - - Art. 26. — lb. how distinguished from Drift Boats Art. 50. — 463 FISHING and PILOT BOATS, how to be painted ... - 14 112 See also 2 599 FITTER'S CERTIFICATE-Ship laden with Coals not to be cleared without _ . . 157 101 FLAG of Navy not to be hoisted by Merchant Ships - - 10 110 GENERAL INDEX. 729 FOREIGN EQUIPMENT — Subjects of Her Ma- Sec. Page. 1 jesty enlisting in Foreign Service guilty of a Misdemeanor ... 2 472 may be apprehended by Warrant of a Justice of the Peace 4 4.74 Vessels with such Persons on board may be prevented from sailing by Officers of Customs ... 5 475 Masters of Vessels taking or engaging to take such Persons on board liable to a Penalty of 50/. for each Person so taken or engaged 6 476 Persons fitting out armed Vessels in Her Ma- jesty's Dominions to aid in Military Opera- tions with Foreign PoAvers guilty of a Misdemeanor 7 477 such Vessels liable to Forfeiture lb. War a Misdemeanor ... 8 478 FOREIGN MANUFACTURES with British Marks prohibited to be imported 63 59 also in Colonies _ . . 10 294 FOREIGN PACKETS — Persons on board such Packets having Spirits and Tobacco on board and concerned in the bringing them - . . - 53 127 FOREIGN PLATE not battered not to be sold 59 480 60 7 lb FOREIGN Repairs to Ships 182 FOREIGN SHIPS- constructed for Smuggling 15 112 Tonnage of — how ascertained 138 95 T^Mrt/-!/-* ^V 5 291 FOREIGNERS found on board Smuggling Vessels within One League of the Coast 50 125 serving Two Years on board Ships of War in Time of War deemed British Seamen - 18 173 ui 181 185 186 lis FORFEITURES. Akms, &c. imported into Ireland without Licence 28 355 Bounty Act — Sugar of an inferior Quality found in a Division of a Warehouse appointed for keeping Sugar of a superior Quality, or inferior to the Description in the Entry 6 285 Sugar entered for Bounty on double refined, , not equal to the Standard Sample 8 286 730 GENERAL INDEX. FORFEITURES — continued. Cards and Dice Act — Cards and Dice exported contrary to the Regulations of the Act, or re-landed in the United Kingdom Cards not properly stamped brought to be exported to the Isle of Man, or imported into it, or re-landed . Foreign Cards not marked with the Maker's Name, or marked with a British Maker's Name _ - - - Copyright Acts — Foreign Reprints of Books in which there is an existing Copyright im- ported . _ - - Reprints of Books claiming Copyright under Order in Council imported Corn Acts — Corn &c., belonging to a Party making a false Declaration as to Certificate of Production _ . . Deposits of inferior Articles tendered to re- lease warehoused Wheat Flour or Biscuit deposited to release Wheat Duty free, re-imported Malt or Corn, ground, imported, except Wheat- meal, &c. Fishery Convention Act — Nets, &c. made in con travention of the Act { Foreign Equipment Act — Vessels fitted out to aid Foreign Powers in military Operations Man, Isle of, Act — Goods illegally imported, ex- ported, or carried Coastwise in the Isle of Man, or waterborne, to be so dealt with „ _ _ _ Vessels bound from, to the United Kingdom, having on board for the Use of the Seamen more than certain Quantities of Spirits, Tea, and Tobacco, and such Spirits, Tea, and Tobacco . _ .. Navigation Act — Goods imported, exported, or carried Coastwise contrary to - Possessions Act — Cocoa imported without Certi- ficate of Production - - - Coffee so imported - - - Goods imported into Ports not being Free Ports - - . - not reported - - - laden or unladen without Entry, and not in the Presence of an Officer Sec. Page. 30 362 32 363 33 364 17 390 10 405 5 412 8 444 7 444 6 3 9 Art.72. 413 449 451 466 7 477 21 346 22 lb. 23 175 41 lb. 311 lb. 2 21 287 300 29 305 GENERAL INDEX. 731 FORFEITURES — continued. Possessions Act — continued. Goods — entered for the Warehouse and not duly deposited there, or not duly cleared, or reianded ... brought by Inland Carriage contrary to the Regulations of the Act, or re- moved prior to Examination prohibited to be imported found on board a Ship hovering within a League after being required to depart Ships — with prohibited Goods on board, hovering within a League after being required to depart - - - - Spirits im])orted into, exported from, or carried Coastwise in Guernsey, ^'C-, in a Vessel of less than Sixty Tons, or Casks of less than Twenty Gallons . _ - imported into British Possessions in America without Certificate of Production Sugar so imported . - - Registry Act — Vessels exercising the Privileges of a Bi'itish Ship not being duly regis- tered - . - Regulation Act — Bounty Goods reianded not agreeing with the Endorsement on the Cocket - - - - Cambrics not properly manifested Drawback — Goods i-elanded of less Value than the Drawbrack not agreeing with the Endorsement on the Cocket ... Tobacco improperly manufactured Wine for the Use of the Navy not laden, or delivered without Permission Foreign Fish landed contrary to Regulations - Goods — not duly cleared Outwards also .... found in Outward-bound Vessels not being in the Cockets laden or unladen contrary to Coasting Regulations - - - on board coasting Vessels not entered in Cargo Book, or noted as delivered ■ Packages entered in Cargo Book as Foreign, not being so - carried Coastwise, having been prohibited to be so carrictl Sec. Page. 53 317 46 313 65 321 lb. 95 333 41 lb. 311 4 103 181 79 84 3 103 74 71 30 79 68 84 73 71 68 106 61 78 66 80 59 69 64 93 75 116 85 120 87 lb. 126 91 732 GENERAL INDEX. Sec. Page. FORFEITURES —continued. Regulation Act — continued. - Goods — carried from the importing Ship to the Quay, contrary to the Regulations of the Commissioners of Customs 13 35 also the Craft so carrying them lb. concealed on board Vessels 14 36 concealed in Packages landed by Bill of Sight 29 43 not duly entered Inwards 2 29 also ... 20 39 also - - - - 24 42 not landed at proper Times, in proper Places, or in Presence of Officers 2 29 also - - - - 59 58 not reported 2 29 prohibited to be exported, if exported or waterborne to be exported 112 82 .. found in any Package brought to be shipped for Exportation 84 71 prohibited to be imported, when im- ported contrary to the Prohibition 63 59 found in a Package, reported Contents unknown ... 9 34 Lawns not properly manifested 3 30 Leather Gloves not properly manifested lb. Manufactures of Silk not properly mani- fested - - - - lb. Stores found on board Outward-bound Ships not being in the Victualling Bill 93 75 Tobacco, Cigars, and SnufF not properly manifested _ _ . 3 30 ■ Vessels from which Bounty, Drawback, and warehoused Goods are relanded 103 79 ported - - . . lb. Smuggling Act — Animals used in the Removal of Goods liable to Forfeiture 28 116 Boats belonging to Vessels on which the Name of the Vessel and M aster is not painted 12 112 not belonging to Vessels on which the Name of the Owner is not painted 13 lb. used in the Removal of Goods liable to Forfeiture - . _ 11 Ill not painted Black . . . 14 112 not licensed - . _ 16 113 Carriages used in the Removal of Goods liable to Forfeiture - - - 28 116 GENERAL INDEX. 733 FORFEITURES —cotitinued. Smuggling Act — continued. Colours usually worn by Her Majesty's Ships Goods concealed on board Vessels and Goods packed with them offered for Sale as run prohibited to be exported, waterborne, or brought for Exportation - prohibited to be imported, unshipped - unshipped, or illegally removed from the Warehouse - - - thrown overboard to prevent Seizure - found on the Person after Denial — Spirits in small Casks on board certain Ves- sels within certain Limits on board Vessels in Ports taken up at Sea by others than Officers Tea, exceeding Six Pounds Weight, on board certain Vessels within certain Limits Tobacco or Snuff in small Packages on board such Vessels . . _ on board Vessels in Ports Vessels not having a Licence used contrary to or beyond the Limits of their Licence, or not having it on board or in which it is not produced - not square-rigged, found within One hundred Leagues of the Coast, with prohibited Goods on board found within Four or Eight Leagues of the Coast, with prohibited Goods on board . _ - within One League of Guernsey, &c. Foreign — not square-rigged, found within Four or Eight Leagues of the Coast of the United Kingdom, with prohibited Goods on board Foreign — within One League of the Coast of the United Kingdom, with prohibited Goods on board found in Ports with prohibited Goods on board - - - found in Port with a Cargo, and after- wards light, the Cargo not being accounted for - - - from which Goods are thrown or on board which destroyed to prevent Seizure - Sec. Page. 10 29 49 32 28 lb. 5 39 2 3 78 lb. 3 16 17 22 Jb. lb. lb. lb. 7.'M. GENERAL INDEX. FORFEITURES —cow^m?/ec?. S M UG G L I N G Act — continued. Vessels used in the Removal of run Goods employed in j)iloting or fishing, not painted Black ... having false Bulkheads or Devices for running Goods - - - Foreign — not sqnai'e-iigged, arriving with Goods concealed in such Places - used in importing Spirits of the Nature of British Compounds from the Chan- nel Islands _ - . Spirits — from the Channel Islands, with a false Certificate of Production of the Nature of British Compounds - Tobacco — entered for Drawback and not entitled to it Cut, Roll, or Carrot, brought for Exportation, containing Tobacco Stalks Leaves, Herbs, &c. made to resemble Tobacco offered for Sale in the Streets Warehousing Act — Goods — fraudulently concealed in or removed from the Warehouse carried to the Warehouse without proper Authority - - - having been Three Years in the Ware- house and sold, not taken away by the Purchaser in Three Months - FORFEITURES — how to be recovered how to be remitted or mitigated also _ - _ - also _ _ . how to be recovered in the Colonies FORGERY — on Receiver General FREE GOODS— Outwards— Value of— to be de- clared on Clearance . _ . FREE PORTS— List of— in Table Number may be increased and for limited Pui^poses Goods imported into other Ports forfeited Articles for the Fisheries from Guernsey and Jersey may be imported in British Ships into Places not being Free Ports See Appendix. FREE WAREHOUSING PORTS named in the Act— . . - _ Number may be increased - - _ also . - . - ■ See Appendix. Sec. 11 14 15 Page. Ih. 48 lb. 60 111 112 669 4 669 5 Ih. 15 691 13 690 11 689 12 690 12 263 15 264 16 Ih, 82 139 147 98 148 99 45 122 73 325 26 43 81 70 2 287 Ih. 3 290 2 287 314 319 (iENEllAL INDEX. 735 FRONTIER PORTS IN CANADA— Goods passed from — to warehousinj; Ports Sec. Page. 50 GIBRALTAR —East India Goods imported from Duties on such Goods . » . Straits of — Goods of Asia and Africa imported from Places in - what Ships may be registered there — and their Privileges _ . - - or have Mediterranean Passes there Manufactures of — from Foreign Materials deemed Foreign - - GLOVES — Restriction on Importation Packages of, must be described in the Mani- fest - - - - - GOODS INWARDS landed without Entry or War- rant forfeited _ . - or not at legal Times and Places or with Authority of proper Officers unshipped contrary to Regulations of Com- missioners of Customs forfeited if kept in Charge beyond Time allowed by Law may, with the Vessel, be detained until Expences be paid not properly entered, forfeited undervalued, how to be dealt with damaged, Allowance for - - - also . , - - also ----- prohibited or restricted but may, with certain Exceptions, be warehoused for Exportation Foreign Cards without proper Marks may not be warehoused - - - restricted Goods, if seized, to be treated in Law as run Goods . - - from Possessions abroad not to be entered as British, without Clearance from Port of Exportation . - - Foreign, imported from a British Possession deemed imported from Foreign Countries to be imported direct from Port of Shipment Property of the Crown, sold after Importation, to be charged with Duty also in Colonies - - wrecked. Abatement of Duty for Damage subject to Duty may be stamped - 3 19 3 6 13 63 2 59 13 17 20 22 30 31 32 63 64 S3 31 36 37 49 50 14 52 56 736 GENERAL INDEX. GOODS INWARDS — continued. Orders to be published for stamping unlawfully unshipped or delivered from Ware- house, forfeited - - - concealed on board any Vessel, also all Goods packed with them - - - seized, to be deemed condemned unless claimed certain, exported, may not be returned for Home Use by Bill of Store may be landed by Officers without an Entry in certain Cases _ - - may be marked by Officers on board illegally exported without Discovery by Offi- cers, Penalty _ - - Rent for, in Queen's Warehouse at whose Charge to be unshipped and brought for Examination concealed on board, forfeited also - - in Packages landed by Bill of Sight Derelict, &c. subject to Duty GOODS OUTWARDS— Times and Places of ship- ping - - - shipped or waterborne without Entry or Clearance, forfeited - - - also - - . - Cards and Dice exported contrary to Regula- tions, forfeited _ - - entered for Drawback — Bond for due landing to be given - - - - prohibited to be exported — waterborne or brought to a Quay for Exportation — forfeited _ - . - subject to Duty or Restriction on Exportation, or entered for Drawback or Bounty, not agreeing with Endorsement on the Cocket, forfeited - - - - prohibited or restricted - - - and may also be so prohibited Coatwise illegally exported by Officers without Dis- covery. Penalty ... found in a Package with other Goods brought to a Quay for Exportation, forfeited exported for Drawback, &c., and relanded GOODS IN COLONIES, ?;^•2r.— prohibited or restricted ... also . . . _ — also - - _ . Sec. 57 28 29 99 33 2 14 111 151 Page. 57 116 117 U5 45 29 36 82 100 60 58 14 36 29 117 29 43 51 54 110 82 66 64 78 69 30 362 75 68 32 118 84 71 112 82 126 91 111 82 84 71 103 79 6 291 9 294 10 lb. gh:neral index. 737 GOODS IN COLOmEii—contimced. Entry of — Inwards and Outwards Particulars of - by Bill of Sight not valid — if Goods be not pi-operly described .... subject to Duty on Value — Value to be declared Officer may cause Valuation to be made Importer not agreeing to Valuation not entered in Twenty Days — Officer may land them _ . . - from United Kingdom must appear on the Cockets ... may be warehoused . . _ if from the Warehouse in the United King- dom — what Duties importable may be brought inland Inland must be brought to a Custom House - may be carried to a warehousing Port - liable to Forfeiture may be seized by Officers of Customs _ - - seized — how to be secured unclaimed — to be deemed con- demned . . - Bail given for Claim to be make in the Name of Owner . . - Claimant to give Security for Costs . . _ GOODS — liable to Forfeiture — by whom may be seized - . . . also . . _ . if stopped by a Police Officer to be taken to the Custom House - - - but may first be taken to Police Office for -Trial of Offender seized may be restored on Conditions by Treasury or Commissioners of Customs also - - . . also - ... insured — to be delivered without Payment of Duty — Penalty pretended to be run, offered for Sale seized and claimed — Owner to give Security for Costs ... - Mode of Proceeding before Justices for Con- demnation of - - - Value of — for Penalties, how to be ascertained 3 E St>c. 29 31 33 40 34 lb. 35 36 38 49 11 43 45 50 67 72 69 74 77 78 33 146 43 44 45 147 148 48 49 115 98 47 Page. 305 306 307 310 307 309 lb. 310 315 295 312 313 316 322 324 323 325 326 327 118 98 122 lb. lb. 98 99 124 lb. 152 145 124 738 GENERAL INDEX. Sec. GOVERNORS in Colonies >— Powers as to registering Vessels _ . . - as to staying Suits respecting Registry GUERNSEY — Jersey — Alderney — Sark — Certificate for Goods the Produce of — granted - - - - required on Importation into United Kingdom - - - Goods of — exempt from Duty in United Kingdom, except countervailing Duty Goods of — for the Fisheries may be imported into Ports in British Possessions in America not being free Ports - - - admitted into British Possessions in America upon Payment of same Duties as British Goods Spirits in — (except Rum), Restriction on — and Tonnage of Ship in Bottles — in certain Vessels al- lowed - _ . _ manufactured in — countervailing Duties such Duties to be under the Management of the Commissioners of Excise such Spirits to be imported, dealt with, and removed under the same Regulations of Excise as Spirits removed from Scotland, &c. - - - - to be made from Malt, &c. - Certificate of Produce to state Materials of what they are made of the Nature of British Brandy or Compounds not to be imported from the Channel Islands - - - except to be entered or warehoused for Exportation - - Rum — not liable to Restriction of Package or Tonnage of Ship - - - Sark — Exceptions as to Trade between — and Guernsey or Jersey Vessels found within One League of, with contraband Cargoes - > - Penalty on Persons found on board Vessels arriving from — laden with Stone not compellable to take Pilots Master to deliver Certificate of Produce and declare to Certificate 3 47 94. 43 42 Page. Ih. 179 210 332 51 50 287 19 300 95 333 lb. 1 667 2 668 3 lb. 4 669 5 lb. 6 670 95 333 96 lb. 2 105 97 334 45 52 43 51 GENERAL INDEX. 739 GUERNSEY, he- confmued. Goods tlie Produce of Possessions or Fisheries in North America may imported direct through Guernsey or Jersey Provisions respecting Licences extended to - GUNPOWDER — In Ireland. See Ireland. prohibited to be imported HABEAS CORPUS— Writ of — not to issue without an Affidavit - nor without Notice to tlie Solicitor for the Customs . . - HARD LABOUR — Persons liable to — assaulting or obstructing Officers Assembling to the Number of Three or more to run certain Goods procuring others to do so destroying Goods to prevent Seizure found on board Vessels liable to Forfeiture for being within certain prohibited Limits with contraband Goods on board, or on board Vessels from which Goods are thrown to prevent Seizure - - . HARBOURING uncustomed Goods - Penalty for - in Colonies - . . - HATCHWAYS — Officers may fasten down HELIGOLAND — Vessels registered at — to be wholly of the Build of not to be registerd elsewhere Limitation as to Privileges Manufactures of, from Foreign Materials deemed Foreign ... HEREDITARY Revenues of the Crown kept separate in Scotland not to be affected HIDES — Restriction on Importation HIGH SEAS — Jurisdiction as to Offences on Places on the Water not within a County to be deemed High Seas HOLIDAYS kept by Officers, &c. HONDURAS — Ships built at — what Privileges - HONG KONG — Foreign Goods importable into — in any Vessels by Order in Council HORSES — used in Removal of run or prohibited Goods, forfeited - - - in Colonies also - - . HOVERING Vessels in Colonies HOURS of Attendance HYDROMETER to ascertain Strength of Spirits - S B 2 Sec. Page. 44 51 27 116 63 59 101 146 102 lb. 56 128 lb. lb. lb. lb. 46 123 66 322 14 36 3 179 lb. lb. 13 219 20 221 21 222 63 59 95 143 lb. 13 9 15 171 12 170 28 116 66 322 65 321 11 9 132 93 740 GENERAL INDEX. IMPORTER to land liis Goods at his own Expcnce - IMPORTATION — what deemed to be direct , into Colonies to be direct Time of — defined , . - INDIA — Vessels built in India prior to 1816 to be deemed British, within certain Limits Lists of Passengers on board Vessels arriving in India to be delivered to Officers of Customs - . _ - Penalty for not delivering such List Vessels built and trading within the Limits of the East India Company's Charter entitled to British Privileges . . . Governor General may declare what Ships shall be considered British, and may make Regulations as to registering, &c. such Ships - . - - Acts of Governors relating to Trade by such Vessels valid . - - Ships belonging to Native Powers may be admitted to same Privileges Matters directed to be done before Governors of particular Places may be done before Governor General . - - Governors, &c. may stay Proceedings touching the Effect of Registers of Vessels INDICTMENTS— when to be preferred where may be tried . _ . INFORMATIONS — upon Summons to be tried before Two Justices . . - also against Persons detained within what Time to be exhibited where Parties escape - - . where to be tried - - - - to be in the Words of the Act several Persons may be joined in one before Justices for Condemnation of seized Goods — Mode of Proceeding may be amended _ - - Form to be used - - . - Copy of to be served on Person in Gaol for Want of Bail Averment in, of certain Matters to be sufii- cient - > . - Time to prepare - _ . . to be preferred under the Directions of the Commissioners of Customs Sec. 60 49 39 136 92 3 lb. 134 136 84 88 134 135 136 103 104 98 101 107 110 130 58 126 149 159 130 158 GENERAL INDEX. 74<1 INFORMERS. Sec Rewards. INLAND TRADE in America to be in general as Trade by Sea ... Duties on Goods brought Inland liow collected - - what Foreign Boats, &c. may be employed in what shall be deemed British Boats, &c. in Place of Entry for — how established INSURING Delivery of Smuggled Goods— Penalty 500/. .... IRELAND— Arms, &c. not to be imported or brought into Ireland without Licence except for personal Defence liable to Seizure if so imported or brought - _ . . Penalty for importing how to be recovered how such Penalty to be remitted - Proof of Licence to lie on Person claim- ing the Benefit of it as to Coals and Meters in Dublin. — See Act 2 & 3 W. 4. c. 90. - - - ISLE OF MAN.— ^ee Man. JERSEY — Regulation Act, Cap. 85., to be registered in Royal Court of - - See Guernsey. JURISDICTION of Courts— in Colonies in United Kingdom, Guernsey, &c. JUSTICES — being connected witli Collection of Duties of Customs or Excise, not to take cognizance of Offences against the Act One — may summon Party accused One — may enforce Conviction adjudged by Two One — may detain Party for hearing Two — may proceed to Condemnation of Goods liable to Forfeiture, &c. of adjoining County may act to proceed summarily in certain Cases Two — to try Informations upon Summonses also in Cases of Detention _ - - may mitigate Penalties in certain Cases not where Parties are detained in default of Payment of Penalty may order Six Months Imprisonment and with hard Labour, if Party has been Sec. before convicted 43 11 46 43 44 45 48 26 27 28 lb. 45 47 48 'age. 47 3 B 3 312 295 313 312 10. 313 124 355 lb. lb. 356 357 lb. 383 28 73 325 82 139 129 159 83 139 84 140 58 130 98 145 97 144 57 129 84 140 88 141 86 140 88 141 89 lb. lb. 742 GENERAL INDEX. J USTIC ES— continued. of limited Jurisdictions not having Houses of Correction, to commit to the one nearest to them .... may commute hard Labour to Imprisonment, only in certain Cases may extend the Period of Punishment upon subsequent Proof of a former Conviction - of Counties to act in limited Jurisdictions within their Counties also - - Powers of — vested in Governor, Deemsters, and Justices of the Isle of Man LACE, prohibited to be exported LAKES — in America. See Inland Trade. LANDING GOODS — Inwards — Times and Places for - - - - Coastwise - . - - LANDS AND BUILDINGS taken for the Service, to be vested in Secretary may be let or sold by the Secretary Monies produced by the sale of them, to be paid to Receiver General ■ after such Payment, Purchasers to stand pos- sessed, &c. wanted for Watch-houses, &c., Treasury may treat for - Bodies Politic, &c. may sell Persons refusing to treat, a Jury to fix Com- pensation . _ . — Owner may offer other Spots Appeal from Jury ■ Interests of Lessees - - Appellant to give Security for Costs on Surrender of, Buildings may be removed Money for, of incapacitated Persons to be paid to the Officer of Exchequer on his Death to vest in Successor how to be disposed of - Gardens, Homesteads, &c., not subject to act _ . _ . LASCARS ; viz. not to be deemed British Seamen also .... Ships partly manned with _ - - may navigate in Indian Seas Sec. Page. 90 142 91 lb. 92 143 95 lb. 96 144 100 45 145 112 82 43 312 59 58 125 90 29 16 31 17 32 18 33 lb. 34 19 35 lb. 36 20 37 21 38 22 39 23 40 24 41 lb. 42 25 44 27 43 26 27 17 172 20 370 21 371 19 173 23 371 GENERAL INDEX. 743 LASCARS— continued. Rules as to Employment of - also - _ _ _ - Lists of, to be delivered on Arrival in United Kingdom . . - Penalties for Breach of Rules convicted of Vagrancy to be relieved at Expence of East India Com- pany LAWNS not properly manifested, forfeited - LEGAL QUAYS ... Goods to be landed at - - - LETTERS — Vessels employed in carrying, not to carry Goods . _ _ LICENCE — required for Vessels of certain Descrip- tions . _ _ . where Crew beyond certain Number and for all Boats - _ _ except certain Vessels and Boats or if armed for Resistance Particulars to be contained in Bond to he given for - Amount of Penalty in Bond valid, although given by a Minor to remain in force Twelve Months after sur- rendering Licence ... may be restricted Vessels without Limits of — or acting con- trary to — or not having it on board — or if not produced — forfeited former Licences valid ... Provisions respecting, extended to Guern- sey, &c. _ . - - . Persons counterfeiting or falsifying on what Occasions to be delivered up to carry Debenture or Warehouse Goods to exporting Ship . - - . to act as Custom House Agent in London for certain Goods to be imported into the Isle of Man . . - - in case of lost Certificate of Registry LIGHTERMEN licensed to ship Debenture and warehoused Goods _ . . LIGHTHOUSES — Bembridge Lighthouse vested in the Trinity House _ - - - ■ Crown Property in certain Lighthouses trans- ferred to the Trinity House 3 B 4 Sec. 25 26 27 28 31 34 3 153 59 156 102 35 1 Page. lb. 372 Jb. lb. 374 376 30 100 58 101 16 113 17 lb. 16 lb. 23 115 16 113 18 114 19 lb. 20 115 21 lb. 25 116 18 114 22 115 26 116 27 lb. 24 lb. 19 114 102 78 158 102 4 340 29 196 78 487 483 744 GENERAL INDEX. LIGHTHOUSES— contmued. — . Definitions _ - . — Duties payable in respect of Lightliouses, &c. on the Coasts of Scotland Duties payable ii> respect of Lighthouses on the Coasts of Ireland, to be collected by Persons appointed by the Corporation for improving the Port of Dublin Duties for Lighthouses through the United Kingdom, how to be collected Duties to be collected by Officers of Customs when directed by the Lords of the Trea- sury - - - - ^ Entry and Clearance to be refused until Vou- cher for Payment of such Duties produced - Such Duties to be paid to Officers of Customs when no Collector is appointed may be distrained for or recovered by Action Regulations respecting such Duties, by whom to be made . - - Tables of such Regulations to be hung up in Custom Houses _ _ . Heligoland Lighthouse vested in the Trinity House - - . - Tolls in respect of it - Indemnity for extra Duties on Foreign Ships privileged under Reciprocity Treaties not to be made out of Consolidated Customs - also _ . - - Sec. Page. LIMITATION OF TIME — for Debentures for Return of Duties overpaid for Commencement of Suits, &c. in Colonies - - - LOBSTERS may be landed without Entry or Report free of Duty - - - - MAINE — certain Produce of the State of Maine to be treated as the Produce of New Bruns- wick . _ . - also - - - MALT — prohibited to be imported also . - - MALTA— deemed in Europe — ■ East India Goods imported from — Duties on what Ship may be there registered, and Privi- leges of such Ship - - « and have Mediterranean Passes 64 40 50 489 51 52 53 lb. 54 55 51 58 35 36 31 41 99 137 134 85 2 46 14 27 63 6 128 19 3 6 GENERAL INDEX. 745 Sec. Page. M ALT A— continued. Manufactures of, from Foreign Materials deemed Foreign - - - Produce of Limits of East India Charter ini ported from, liable to same Duty as if im- ported direct - - - MAN, ISLE OF— Cards — Regulations respecting Certificate of landing certain Goods at also . - - of Production there - - - required in the United Kingdom Corn, Grain, &c., may be warehoused in Provisions of the Warehousing Act ex- tended to the Isle of Man in respect of those Articles Distillation prohibited in - - Duties at — Table of - - - on unenumerated Articles may be I'e- mitted and reimposed by the Lords of the Treasury - - - Management of — by the Commissioners of Customs . - - Part retained for Expences annual Sum to be paid out of them to the Harbour Commissioners Goods, Foreign, except Corn, not to be ex- ported from, to the United Kingdom also - ... illegally imported, exported, or water- borne - - - - Penalty, in respect of prohibited — Schedule of - - Vessels bringing dutiable Goods from United Kingdom, subjected to Rules upon Importation from Foreign Parts also - - - - Goods of and from the Isle of Man— im- ported into the United Kingdom — what — Duty-free Licence — Schedule of Goods not importable there without - _ . Application for — when and how to be made . - - ■ Allotment of Goods to Applicants to be granted by Commissioners of Customs may be transferred by Governor 13 19 32 Sch.V. 101 23 43 13 14 49 2 24 lb. 25 219 221 363 350 78 347 51 344 lb. 671 337 339 347 348 63 19 59 345 21 lb. 20 346 345 113 12 84 343 42 50 4 340 5 6 341 lb. 7 8 lb. 342 7'1-G GENERAL INDEX. MAN, ISLE 0¥— continued. Licences — Bond for . _ . counterfeiting or falsifying it (Joods imported by — not to bo re- exported . . - • and how they may be carried Coastwise Persons not importing the whole of the Goods for which they have obtained a Licence, disqualified from having a Licence the following Year _ . . Powers of Justices in the United Kingdom to be executed by the Governor, Deemsters, and Justices in the Isle of Man Spirits, British distilled, prohibited Stores of Ships and Boats bound from Isle of Man to the United Kingdom, what Quan- tities of Spirits, Tea, and Tobacco allowed Sugar upon which Bounty has been obtained may be removed to - - Bond to be given for the due landing Trade with, a Coasting Trade Manx Vessels of Fifty Tons to be entitled to the Privileges of Vessels of Sixty Tons warehoused Goods may be removed to MANAGEMENT of Customs, &c. of Duties and Drawbacks and of Bounties . _ . MANIFESTS for Goods in British Ships Contents of ~ - _ - Authentication of, in British Ports abroad Goods on board without Manifest, or in Manifest, not on board. Penalty 100/. to specify the general Denomination of Cam- brics, Silks, Tobacco, &c. from any Foreign Place in Europe . . - such last- mentioned Goods not so specified, forfeited - _ _ to be produced within Four Leagues of the Coast, and Copies given ~' Oificer to transmit Copies to Port of Desti- nation - - - — Master to deliver, at Time of reporting to be returned to Master, if any Goods for another Port _ . . . MANUFACTURES deemed the Produce of manu- facturing Country - - ■ of Silk not properly manifested, forfeited Sec. 10 11 lb. 100 20 22 Page. 3 lb. 6 lb. 10 11 5 3 34-2 343 lb. 342 145 345 346 17 345 18 lb. 12 343 26 349 15 344 2 5 7 215 129 92 3 30 lb. 4 31 lb. 30 31 34 35 169 30 GENERAL INDEX. 747 MARK, &c, — Officers may mark Goods before land- Sec. Page. ing - - - - . 14 36 MARINES, 8cc. — Officers of— Power to seize 33 118 MARRIED WOMEN may be committed to Prison 94 143 MASTER OF VESSEL — who to be deemed _ - _ 127 91 to answer Questions of Collector, and to pro- duce Manifest and Bills of Lading 10 34 to deliver Certificate of Clearance of last Voyage, and make Entry Outwards 69 65 to answer Questions as to Outward Voyage - 86 72 also - - - - 88 73 of Coasting Vessel from Ireland to answer Questions . - _ 118 86 Acts of Master of a British Vessel may be refused unless his Name in Certificate of Registry - - - - 140 96 2 24 177 194 also - « - to provide Accommodation for boarding Officer 150 99 rkf Tiy^ififVi Y^nrrictcwaA A/iUcci^il ninL;f V\a o Tii»ificli Subject - - - _ 13 170 also - - - 17 172 clare what Aliens are on board, or have landed from their Vessels 2 351 in Colonies to report his Vessel Inwards, and answer Questions - - 21 300 to enter his Vessel Outwards, and answer Questions as to Cargo 22 301 fr\ ^/-»1ii'/^i» r^r^n^-z^r-if r\p f^'^r^rm onil nr\i frw rlrit-^ninf without Clearance ... lb. MAURITIUS — Goods from to pay same Duties as from West Indies ... 18 220 also in Colonies ... 61 320 MEASURES AND WEIGHTS 129 92 MEDITERRANEAN PASSES in Malta and Gib- raltar - - _ . 6 182 MERCHANT SEAMEN. Accounts — Account of Voyages, fishing and coast- ing, or to Channel Islands, or to Places between the Elbe and Brest, including Lists of Crew, to be delivered to Collectors half- yearly ... - 27 511 No Transire to be granted without a Certifi- cate from the Collector of the Delivery of such Account ... lb. 748 GENERAL INDEX. MERCHANT SE AM E'N- continued. AccouN TS — cont'muccl. Account containing Lists of Crew, &c. to be delivered to Collector of Port to which a Ship belongs, if she is lost or sold Accounts, Lists, Sec. delivered to Collectors to be by them weekly transmitted to the Register of Seamen - - Agreement — no British Seaman to be taken to Sea without a written Agreement or a Register Ticket . . - - such Agreement to be read over and explained to the Seaman . . _ if for a Foreign Voyage, unless to the Channel Islands, or to a Place between the Elbe and Brest, to be in the Form required by Sche- dule (A.) - - - upon Vessel's Return to be delivered to the Collector - - the Collector to retain it unless all Wages paid, and then to transmit it to the Registrar of Seamen Ship not to be cleared Inwards until a Cer- tificate of Delivery of the Agreement to the Collector is produced to be delivered to the Collector or Consul while Vessel in a Colonial or Foreign Port to be produced to Commanders of Her Majesty's Ships - . _ to be produced to Consuls, Registrar of Seamen, and chief Officers of Customs if for Fishing or Coasting Voyages, or to the Channel Islands, or to a Place between the Elbe and Brest, to be in the Form required by Schedule (B.) - - - to be delivered to the Collector within 21 Days after the 30th June or 31st December next after its Date . . . no Transire to be granted until the Receipt of the Collector for the Delivery of the Agreement is produced not to deprive Seamen of their legal Remedies Copy of — to be Evidence Agreements, &c. under the Act, exempt from Stamp Duty ... Allowance for short Provisions Apprentices — Parish Apprentices how to be bound may be turned over to the Sea Service Sec. 28 29 2 lb. 3 497 lb. lb. lb. 52, 55 56 lb. lb. 5 5 41 12 32 33 GENERAL INDEX. 749 Sec. Page. MERCHANT SEAMEN-wwft'wwer/. APPRENTICES — continued. Number of Apprentices required to be on board every Ship except Pleasure Yachts - cancelling Indentures, and Death or Deser- tion of Apprentices, to be notified to Regis- trar of Seamen or to Collector Consents necessary in cancelling Indentures of Parish Apprentices and Assign- ments to be registered also those of other Apprentices Form of such Indentures Apprentices exempt from Contributions Justices to determine Complaints respecting Apprentices . . - Account of Apprentices on board and their Indentures to be delivered to Collector or Consul, while Vessel at a Colonial or Foreign Port not to enter Naval Service without Consent of the Master . - - Indentures to be produced to Commanders of Her Majesty's Ships also to Consuls, Registrar of Seamen, and Chief Officers of Customs Asiatic or African Seamen in Distress may be re- lieved by Admiralty Order Expences 'so occasioned may be recovered from Owner or Master of the Vessel bringing such Persons in Her Majesty's Name . - - Assaults at Sea punishable by Two Justices Collectors and Comptrollers to transmit weekly to the Registrar of Seamen Indentures, Lists, Register Tickets, &c. Colonial Vessels while in the Precinct of the Colony not within the Act - - - Consuls, Registrar of Seamen, and Chief Officers of Customs, may demand Log Books, Agree- ments, &c., and muster Crews Debts of Seamen — Effects not to be detained for - Definition of Terms - - - Deserters — Penalty for harbouring Discharge — Certificate of also Effects of Seamen dying abroad, how to be dis- posed of - Indentures. See Agreements. Apprentices. 37 38 Ih. 39 40 lb. 41 43 53 45 55 5Q 64 lb. 44 516 517 lb. 518 lb. 519 524 520 525 lb. 530 519 29 512 61 528 56 525 10 502 63 530 10 502 13 503 17 505 31 513 750 GENERAL INDEX. Sec. Page. MERCHANT SEAMED -cmitinued. Lists OF Crew — List of Crew of" Outward-bound Vessels to be delivered to the Collector before the Departure of the Vessel 26 510 also upon Return - - - Ih. Vessel not to be cleared Inwards without a Certificate from the Collector that such List has been delivered lb. such Lists to be returned half-yearly in the Coasting and Fishing Trade, and in that to the Channel Islands and Places between the Elbe and Brest 27 511 Transire not to be granted without Production of a Certificate from the Collector of the Delivery of such List 27 lb. Lists of cancelled Tickets to be made out and published half-yearly by the Registrar of Seamen ... 24 510 T irt^r. ^(* ^7 /~i r~. r^ r^} r, 4-^ 1-v /-» 4- v»r» n £n »-*-» i f f ^rl I"! O 1 f TT/^OnlTr to Registrar of Seamen, by Collectors and Comptrollers - - - 27 511 Masters — To have same Remedies for Wages as Seamen . - - - 16 505 not supplying Provisions and Medicine, in lieu of those found insufficient, guilty of a Mis- demeanor , - . 57 526 \f*f* nl^ci PpmifiP'^ Medicine, Lime Juice, 8cc., to be kept on board Vessels ... 18 506 Naval Officers — may demand Log Books, Agree- ments, &c., and muster Crews SB 525 Naval Service, entering, not to be deemed Deser- tion _ . . . 50 522 Seamen entering, to have their Clothes and Register Tickets delivered, and Wages paid . . - - _ 51 523 Penalties — For taking to Sea any Seaman without an Agreement, or without a Register Ticket 10/. on Master or Owner for each Seaman 4 498 51. for each Seaman on Master or Owner not explaining Agreement to Seamen Ih. 10/. on Master or Owner not delivering Agreement to Collector — or not delivering Register Ticket to Seaman at Period of his Service - ■ lb. 20/. on Master or Owner delivering a false Copy of the Agreement lb. 10 502 GENERAL INDEX. 751 MERCHANT SEAMED— co7iti7med. Penalties — continued. . for detaining Seamen's Effects, to the Seaman - - -J to be returned to Seaman it" Vessel sold abroad - - - . how to be obtained - - - of Seaman dying abroad ' when Seaman committed to Gaol, to be deli- vered to Gaoler - . - altering or counterfeiting Register Tickets, a Misdemeanor - - - how to obtain another when lost - Seaman falsely answering Questions to obtain a new Ticket, guilty of a Misdemeanor . in case of the Death of a Seamaid, Ticket to be delivered to the District Registrar of Deaths wdio is to transmit it to the Regis- trar of Seamen ... to be delivered to Consul or Collector while Vessel in Colonial or Foreign Port to be produced to Officers of Her Majesty's Ships ..... also to Consuls, Registrar of Seamen, and chief Officers of Customs Seamen deserting or refusing to join their Ship, may be committed to Prison or conveyed on board their Ship ... Forfeiture for temporary Absence or Re- fusal to perform Duty, or quitting without Leave - - Forfeiture for Desertion to be sent home if Ship sold abroad Seamen left abroad, Sums advanced for their Relief may be recovered in Her Majesty's Name .... not to be shipped in Foreign Ports without the Sanction of the Consul hurt in the Service of the Ship to be pro- vided with Advice _ - . not to be discharged abroad, or abandoned or left behind without the Sanction of the Consul, &c. - - - - forcing them on Shore, or wilfully leaving them, a Misdemeanor _ - . Stamp Duty — Agreements under the Act exempt from - - - 3 c Sec. Page. 2&3 ;496 1 497 17 505 20 508 31 513 6 499 21 509 22 lb. lb. 23 509 53 524 55 525 5Q lb. 6 499 7 500 9 501 17 505 52 523 54- 525 18 506 46 520 47 521 41 518 754 GENERAL INDEX. ^t. — Sec. Page. MERCHANT SEAMEN— cowimwcc?. Surgeons — what Ships to carry - - 18 506 Wages — within what Period to be paid - - 11 503 when Payment to be immediate - - 14 504 summary Mode of recovering - - 15 Ih. MILITARY STORES — may be prohibited Out- wards - - - - - 112 82 ■ and at the same Time Coastwise also - 126 91 MISDEMEANORS— altering or counterfeiting Mer- chant Seaman's Register Ticket - - 21 509 . assaulting Officers with Force or Violence - 66 133 British Subjects enlisting in Foreign Military Service - - - — 2 472 Embezzlement of warehoused Goods - - 47 279 false Oath before Surveyor General, Perjury 28 \5 —— taken to perfect Claim, Perjury - 114 151 fitting out armed Vessels to aid Foreign Powers - - - - 2 472 increasing the Force of a Foreign Vessel of War - - - - 8 478 making Signals on board Boats or on the Coast 60 131 Masters of Merchant Vessels not supplying Provisions and Medicine in lieu of those found deficient - - - 57 526 Merchant Seaman — falsely answering Ques- tions to obtain a new Register Ticket - 22 509 forcing them on shore, or wilfully leaving them behind - - - - 47 521 MOORING — Ships to come quickly to Places of — and not to remove from - - 12 35 Places — for Tobacco Ships solely - lb. NAME — of Vessel to be painted on Stern and not to be changed - - - 27 195 to be painted on Boats - - - 12 112 also - - - - 13 75. NATIONAL SHIPS - British, or of Foreign States may be searched by Officers - - 15 36 British — Treasury may make Regulations for - - - -lb. Person in charge of Goods in — to deliver an Account, if false — Penalty lOOZ. »■ lb. what constitutes a Ship of any Country - 16 172 NAVIGATION — Asia, Africa, and America, Goods of — from whence may be imported - 3 168 and in what Ships - - 4 lb. also as to Ships of New States in America - - - 2 697 GENERAL INDEX. 755 N AVIG \Tl01 Suits to be commenced in Name of Notice of Action against may tender Amends Goods not to be laden or unladen, except in their Presence, or by their Periuis- sion in Writing - - - ~- where no Customs Officers, their Duties to be performed by Her Majesty's principal Civil Servant ' where there is no Comptroller, Acts done by principal Officer valid OIL — Blubber,'&c., — Proof of British taking — if direct from the Fishery ONUS PROBANDl — in case whom _ . - - in Colonies - - ORDERS OF COMMISSIONERS to stamp Goods subject to Excise Duty — to be publisiied in Gazette . - - . in Council to regulate the Trade of certain Colonies - - ORANGES — no Abatement for Damage - OWNER OF SHIP — Construction of the Term - See Registry. Sec. 53 127 43 122 44 Ih. 36 119 37 120 38 lb. Q5 321 67 322 lb. 71 324 75 326 79 327 S2 328 of Seizure — on - Restrictions of to be repacked by PACKAGE for certain Goods - opened by Searchers — them in certain Cases landed by Bill of Sight . - - having Articles concealed - - - reported — Contents unknown, may be opened and examined - - - 29 32 37 47 48 128 76 57 90 32 127 63 85 24 29 Page. 305 307 309 52 53 159 326 57 331 44 91 59 72 42 43 34 GENERAL INDEX. 759 PACKET — Vessels not to carry Goods without Permission - . - PADDY — orrougli Rice — Export Drawback Conditions on which granted PAPER — printed on prohibited PARISH, &c. Duties — Officers exempt from PARTS of Articles imported separately — restricted in certain Cases . - - PASS, Mediterranean, at Gibraltar and Malta PASSENGERS. General Act, 5 & 6 Vict. c. 107. Act — Commencement of - Interpretation of - not to extend to Cabin Passengers not to extend to Vessels where the Number of Passengers does not exceed Thirty, nor to Ships of War, nor to Transports in the Service of the East India Company to be called the Passengers Act Amends may be tendered in Actions brought for any thing done in pursuance of the Act . - - - Boats in sufficient Numbers to be carried Bond to be given for observing Regulations pre- scribed by the Act _ - - not required in Voyages from the Colonies - Children, how to be computed in the Enumeration of Passengers - . - - CoLONiAi. Provisions — Act to extend to Carriage of Passengers by Sea from British West Indies, from Malta, from British Possessions in Africa, and from the Mauritius, to any other Place _ . - . certain Provisions of the Act not to extend to Voyages from the Colonies Governors of certain Colonies may adopt the Act _ - . - Governors, in such Cases, may declare the Rule by which the Length of Voyage is to be computed . - - - may substitute other Articles of Food for those specified in the Act India — Governor General in Council may adopt the Act . - - may regulate the Mode of proceeding for Penalties in India 3 c i Sec. Page. 156 101 15 220 16 U. 63 59 12 9 63 59 6 182 54 566 52 565 51 lb. 36 561 53 566 33 559 13 549 35 560 43 562 9 548 37 561 44 563 38 561 39 561 40 562 48 564 49 565 760 GENERAL INDEX. PASSENGERS (Gen' Act, 5k6 Vict. c. 101.)— cont. Colonial Provisions — continued. . Laws for establishing the Regulations of the Act may be enacted by Colonial Assemblies or Orders in Council _ . - Regulations of the Act, with certain Excep- tions, to extend to Voyages in the Colonies shorter than Three Weeks but not than Three Days ... Power to Governor to adopt the latter Exten- sion . _ . . . Construction of Lower Deck of Vessels carrying - Computed Length of Voyages ... Copies of the Act to be issued by the Authority of the Commissioners of Customs, to be kept on board, and produced if demanded Emigration Agent and Officers of Customs to see that the Act is complied with before the Ship is cleared . - . - Facility to be given by the Master to Officers to inspect the Ship - - - Foreign Vessels — Act to extend to Height between Decks of Vessels carrying Passen- gers . - _ . Limitation as to Number of Passengers List of Passengers to be delivered to the Collector at the Port from whence the Vessel sails - Duplicate of such List to be delivered to the Collector or Consul at the Port of Arrival List of additional Passengers Medicine to be supplied in proper Quantities Notice to be given of Actions brought for any thing done in pursuance of the Act, and such Actions to be brought within Three Months - - - - Passage Agent not to act without Licence Penalty for doing so - - how such Licence is to be obtained Passage Money — Persons receiving, to give written Receipts for it - Penalty for not doing so - - Return of, and Compensation in certain Cases . . - . how to be recovered - - . Passengers not to be landed at any other than the destined Port without their Consent may remain on board and be maintained For- ty-eight Hours alter Arrival Sec. Page. 47 564 45 563 46 3 8 lb. 546 548 U 550 11 549 26 50 555 565 4. 2 546 545 17 551 lb. 18 15 lb. 550 34 20 Jb. lb. 559 552 19 lb. Jb. 22 29 554 557 24 555 25 lb. GENERAL INDEX. 761 PASSENGERS (Gen' Act, 5 & 6 Vict. c. 107.)— cont. Passengers suing not to be incompetent Wit- nesses - - - - Penalty on licensed Passage Broker receiving Pas- sage Money without Authority of Prin- cipals, or fraudulently inducing Persons to hire a Passage Provisions and Water for Passengers Vessel not to be cleared without sufficient to be surveyed before Ship cleared Sec. Page. Regulations as to Water Penalties — if Lower Deck not of sufficient Thick- ness ~ - - - if Height between Decks less than Six Feet - if more than Two Tiers of Berths, or if Berths not securely constructed, or of proper Di- mensions _ _ _ if Interval between the Deck and Floor of the Berth not sufficient . . _ if Water and Provisions not sufficient, or not issued as required - - - if Boats not provided - - if Copies of Act not on board, or produced on demand ... if no Surgeon on board, or not necessary Medicine - - - - if List of Passengers not delivered, or addi- tional List not made out, or if List be false if List not deposited with Officer at Port of Arrival - ■• - - if any Passenger is put on Shore without his Consent at a Place not that of Desti- nation . _ - . if any Passenger is not allowed to continue on board Forty-eigiit Hours after Arrival if Facility is not afforded for inspecting the Ship by the proper Officers how to be recovered - - Seaworthiness of Ship maybe ascertained by Survey also - - - - Sleeping Berths for Passengers - - - Spirits not to be sold to Passengers Penalty on Master for selling Spirits Subsistence in case of Detention - - - how to be recovered - - - Surgeon — in what Cases required ... Viva Voce Evidence may be given (hat any Person is a Government Agent or Officer 31 21 6 lb. 10 7 27 lb. lb. lb. lb. lb. lb. lb. lb. lb. lb. lb. lb. 29 12 42 5 16 lb. 23 29 15 30 559 553 547 548 547 556 557 549 562 547 551 555 557 550 559 '62 GENERAL INDEX. PASSENGERS— may be searched by Officers but may require to be taken before a Magistrate, &c. - - - Females to be searched by Females unreasonable Search or Delay Penalty on Officer Penalty on — for Denial of Goods found on tlieir Persons - _ _ Baggage of, Outwards - - found on board Smuggling Vessels PASSENGERS to Ireland— Abstract of Act to be kept on board, &c. - ... Licences for PassengerVessels — when required Limitation of Number of Passengers in Mer- chant Ships - _ - Penalty for carrying more Number of Passengers, per Ton Penalty for Excess - - - Ship may be detained until Penalty paid Penalties under the Act, how to be recovered Steam Vessels of 140 Tons deemed equivalent to other Vessels of 200 Tons Vessels in Government Service not subject to this Act . - - - PAUPERS to defend, as such - PENALTIES. Aliens — Alien not producing his Passport, and declaring his Name and Country, 21. forging Alien's Certificate, 100/. Master of Vessel bringing Aliens Passengers not declaring what Aliens are on board or have been landed, 20/. - - - and 10/. for every Alien landed and not declared to - Officer taking Fee for Alien's Certificate, 20/. not entering Alien's Declaration, 20/. - not granting his Certificate, 20/. making any false Entry, 20/. not transmitting Copy of Certificate, &c. to the Secretary of State, 20/. Cards — Having in possession or using Cards stamped for Exportation, 20/. - - - relanding Cards shipped for Exportation, or landing them elsewhere than at the Places to which they are consigned Corn — making a false Statement of the Place of Production, 100/. Sec. 36 37 Ih. 38 lb. 39 91 50 5 I 4 lb. 2 3 7 lb. 28 6 111 lb. 8 lb. lb. lb. lb. 30 31 Page. 119 120 lb. 121 74 125 575 573 575 573 574 576 579 576 149 3 352 9 353 351 353 362 363 412 GENERAL INDEX. 763 PEN ALTI ES - contimied. Foreign Equipment — Master of Vessel for every British Subject taken on board to serve Foreign Powers in Naval or Military Ser- vice, 50/. . _ - India — Master of Vessel arriving in — not delivering List of Persons on board, 100/. Man, Isle of — Falsifying Licence for importing Goods into, 500/. Illegally importing, exporting, or carrying Coastwise Goods there, or bringing them to a Wharf (o be so dealt with, 100/. Management Act — offering Fee to an Officer, 100/. Navigation Act — Master of Vessel for every Foreign Seaman in Excess of the Number allowed by the Navigation Act, 10/. Passengers — Master of Vessel carrying Passengers, selling Spirits to them during the Voyage or permitting such Sale, 100/. Acting as Passage Broker without a Licence, 10/. - receiving Passage Money and not giving a written Receipt, 10/. for each Pas- senger - . . Licensed Passage Broker receiving Passage Money without Authority of Principal, or fraudulently inducing Persons to engage a Passage, 10/. for each Oflence Possessions Act — Bribes — offering to Officers, 200/. Officer receiving, 500/. Collusive Seizure, Officer making, 500/. falsifying Documents, 200/. being found on board Vessels with contraband Goods on Board within One League of Guernsey, cS'C, 100/. Harbouring forfeited Goods, 100/., or treble the Value - - - - Justice of Peace subscribing his Name to a Certificate of Production when the Declarer does not appear, 50/. - - - - Master of Vessel not reporting, or making a false Report, 100/. - - taking Goods on board before Entry of his Vessel, 100/. — — departing without a Clearance, 100/. delivering a false Content, 100/. not truly answering Questions, 100/. Sec. I Page. 6 3 10 21 8 20 16 20 19 21 68 lb. lb. 99 97 6Q 41 21 22 lb. lb. lb. 764. GENERAL INDEX. PENALTIES- continued. Possessions Act — continued. . Master of Vessel laden with Timber depart- ing Port without a Certificate that such Timber is below Deck, or permitting such Timber to be on Deck, 100/. Hovering on the Coast, not answering Questions, 100/. -1 obstructing Officers, 200/. -J unshipping forfeitable Goods, 100/. or treble the Value Registry Act — making a false Declaration, or falsifying any Certificate relating to the Registry of Vessels, 500/. Owner or Master of a registered Vessel alter- ing or concealing the Name of the Vessel, or permitting it to be done, 100/. .^ Owners of Vessels not giving Notice of the Loss or Three Years Absence of their Vessels, 51. ... Regulation Act — Africans — Master or Owner of Vessel from Africa, refusing to give Bond to maintain, 200/. Master of such Vessel not reporting Num- ber of, on board, 100/. carrying Goods from importing Vessel to the Quay contrary to the Regulations of the Commissioners of Customs, 100/. or treble the Value Coal Fitter not giving a Certificate, 100/. Cockets, falsifying, 100/. Declarations — making false, or giving false Answers to Questions, 100/. Declaration of Value — making, not being Luporter, or his Agent, 100/. — — — Drawback Goods — entering them for Draw- back when of less Value than the Draw- back, 200/., or treble the Amount of Drawback - . . entering for Drawback Tobacco impro- perly manufactured, 200/., or treble the Amount of Drawback -^^ — relanding them, treble the Value Entries made by unauthorized Persons, 10/. . - . - Exporting prohibited Goods without Disco- very, double the Value false Answers to Questions, giving, 100/. Sec. Pago. 26 65 67 66 48 27 51 13 157 93 143 21 74 73 103 19 111 143 303 321 322 Jb. 211 195 212 33 Jb. 35 101 75 96 40 68 lb. 79 39 82 96 GENERAL INDEX. 76.5 PENALTIES— con^mwerf. Regulation Act — continued. false Declaration of the Value of Free Goods, making, 20/. of tlie Value of Exports, 201. falsifying Documents or uttering them when falsified, 200/. forging Stamps on Duty-paid Goods, 200/. - Master of Vessel having Goods on board not manifested, or not having all the manifested Goods on board, 100/. not producing Manifest to Boarding Officer, or not delivering a Copy of it, 100/. not delivering Manifest to Collector, 100/. not delivering Bill of Lading, 100/. not truly answering Collectors Ques- tions, 100/. not reporting, or making a false Report, 100/. not bringing to, at mooring Stations, 100/. removing from such Station without the Knowledge of the proper Officers, 100/. ... importing Tobacco, not removing from Station within a Dock when dis- charged, or of Vessel not importing Tobacco, mooring at a Tobacco Sta- tion, 20/. not providing Accommodation for Board- ing Officers, 100/. in which any Lock or Seal placed by Officers is broken, or from which Goods are secretly conveyed away, 100/. - - . departing without due Clearance, 100/. if Goods taken on board before Ship entered Outwards, 100/. for every Package of Goods contained in the Endorsement on the Cockets, and not found on board, 20/. Master of Coasting Vessel, not keeping Cargo Book correctly or not producing it, 50/. - - - - Delivering a false Account of his Cargo, 50/. - Sec. Page. 23 81 41 70 141 58 96 57 5 31 6 lb. 10 lb. 34 lb. 7 32 149 99 12 35 lb. 150 99 14 67 36 64 69 65 93 75 120 87 121 88 766 GENERAL INDEX. FE^ ALTIES -co?itmued. Regulation Act — continued. Master of Coasting Vessel — taking in Goods over Sea, or touching at a Place over Sea, or deviating from Voyage, unless forced, 200/. - - - - not giving Notice of unloading within Twenty-four Hours after Arrival, 20/. from Ireland, not delivering Notice of Arrival within Twenty-four Hours, or not answering Questions of Collector, 100/. - - - - re-landing Bounty Drawback or warehoused Goods, treble the Value Ships of War — Captain, Master, or Purser not giving an Account of Goods on board, and not answering Questions wrecked Goods — having Possession of them and not giving Notice to the Officers of Customs, paying Duty upon or delivering them, removing or opening Packages of them, 100/. Smuggling Act — being found on board Vessels in Ports having Spirits and Tobacco on board and being privy to their being there, 100/. Bribe, offering one to Officer, 200/. Officer receiving, 500/. carrying and conveying Spirits and Tobacco, 100/. - - - - Tea or Silk Manufactures of the Value of 20/., 100/., or treble the Value Collusive Seizure — Officer making, 500/. counterfeiting Licence for Vessel, 500/. denying Possession of Foreign Goods untruly, treble the Value ... Driver of Cart refusing to stop for Search, 100/. - . . . insuring the Delivery of uncustomed Goods - harbouring uncustomed or prohibited Goods, 100/., or treble the Value illegally removing Goods from the Warehouse, 100/., or treble the Value offering Goods for Sale under Pretence that they are run, 100/., or treble the Value Officer not taking Person required to be searched before a Magistrate with Des- patch, or requiring Search without Ground, 10/. - - - - Sec. Page. 115 85 117 86 118 86 103 79 15 36 53 54 53 35 lb. 127 119 51 126 52 35 24 lb. 119 116 39 121 42 48 lb. 124 46 123 lb. 49 124 38 120 GENERAL INDEX. 767 FE^AhTlES—contmued. Smuggling Act — continued. • Police Officer detaining Goods liable to For- feiture and not giving Notice to the Commissioners of Customs, 20/. Signals, making them on the Coast or on board any Boat, 100/. unshipping uncustomed or prohibited Goods, 100/., or treble the Value Spirits or Tobacco, 100/. Tea or manufactured Silk, 100/., or treble the Value Sugar — Buyers and Sellers of — not making true Returns of Sugar bought or sold — for every Cask not truly given an Account of, 5/. - ' - - - Clerk of Grocers Company not keeping a Registry of the average Prices of Sugar, or not permitting an Inspection of it, 50/. Tobacco — colouring Leaves, &c. to resemble Tobacco, 100/. - - - entering it for Drawback when not entitled to it, 200/., or treble the Drawback Manufacturer receiving into his Stock unma- nufactured Tobacco, except from the Warehouse, 200/. Manufacturer having in his Possession Cut, Roll, or Carrot Tobacco, containing To- bacco Stalks, or not having the Leaf separated from the Stalk, 200/. offering it for Sale in the Streets, 100/. - Warehousing Act — Importer of warehoused Goods fraudulently gaining Access to them, 500/. Occupier of Warehouse not stowing Goods so as to have easy Access to them, 5/. not producing them, on demand, by Officers of Customs, 5/. removing Goods entered for the Warehouse, and not deposited there, 100/., or Treble the Value - - - - PENALTIES, &c.— how to be sued for Proceeding after Conviction if Penalty be not paid _ . - _ - forfirst Offence— may be mitigated by Justices which may not Sec. - Bail to secure Payment of - Remission of also 44 60 46 51 55 4 11 15 13 12 12 10 11 Pase. 122 131 123 126 Jb. 687 lb. 689 691 689 690 lb. 263 262 263 13 lb. 82 139 84 140 86 lb. 88 141 109 148 148 99 45 122 768 GENEllAL INDEX. PENALTIES, he- continued. — IN Colonies — Recovery and Application of all to be paid to the Collector when Amount depends on Value of Goods - recovered before Justices — to be paid to Commissioners of Customs or Excise PEPPER — any Part may be abandoned for Duty - but no Abatement for Damage PERJURY— false Testimony before Commissioners, Surveyors General, &c. false Oath in perfecting Claim PERMIT — Goods requiring a Permit, removed without one, liable to Seizure to be granted before Delivery of Goods by Officers of Customs Spirits or Tobacco moved without — to be deemed run ... Leaf or unmanufactured Tobacco not to be removed without - - - PERSONS — arrested — may be detained for hearing by Justices ... on Capias — refusing to plead, Judgment may issue ... neglecting to plead — Plea of Not Guilty may be entered also - - - acting on behalf of Officers, Duty deemed to be done by such Officers charged with indictable Offence — may be apprehended by Warrant of Queen's Bench not giving Bail, committed employed for Prevention of Smuggling, to be deemed duly employed Gaoler to discharge them at the End of Six Months, if Penalty less than 100/. liable to be arrested and escaping liable to Penalties — — ^— concerned in running Goods or harbour- ing run Goods . - - in Colonies - - concerned in unshipping, carrying, and conveying Spirits or Tobacco or Tea or Silks insuring to deliver Smuggled Goods or agreeing to pay Insurance on receiving the Goods making Signals to Smugglers Sec. 84 Ih. 47 108 37 28 114 11 55 30 6 58 110 122 123 122 lb. 131 87 59 46 66 51 52 48 lb. 60 GENERAL INDEX. 769 PERSONS— cotititiued. liable to Penalties — continued. offering for Sale Goods pretended to have been run - - - ' on board Vessels in Port with contra- band Spirits or Tobacco, being Owners, or privy to the bringing thereof also ... - on board Vessels in Her Majesty's Service Foreign Packets - - - summary Proceeding in the latter Three Cases . - - IN Colonies — assaulting or obstructing Officers also by Force . - - assisting in Smuggling hindering Officers making Seizure on board Ships which are liable to Forfeiture - - - having Possession of wrecked Foreign Goods without Notice liable to search - - - - Poor — confined, may have some Allowance in Gaol - - may defend in forma pauperis PILOTAGE — Acts relating to — repealed - American Ships not liable to higher Pilotage than British ... Appointment of Pilots — Notice of, to be fixed up at Custom Houses, and to be published in the London Gazette - - . Bye Laws respecting Pilotage, by whom to be made and sanctioned - . - Copies of proposed Bye Laws to be trans- mitted to the Privy Council and to the Commissioners of Customs who are to cause them to be hung up in Custom Houses when confirmed to be hung up in Custom Houses and at the Trinity House Cinque Port Pilots — proposed Regulations for, to be hung up at the Custom House, London, and Notice of them to be pub- lished in the Gazette - - - Foreign Vessels of less Burden than Sixty Tons may be exempted from taking Pilots also other Foreign Vessels Licences of Pilots to be registered by Officers of Customs - - _ 3d Sec. Page. 49 124 53 54. 53 3. 127 128 127 57 129 67 71 66 61 322 324 322 lb. 97 334 53 36 54 119 80 111 1 138 149 581 8 694 7 582 11 584 12 lb. 13 5S5 21 lb. 5 1 661 598 66 591 770 GENERAL INDEX. PILOTAGE — continued. — Licences of Pilots to be delivered up when required, and upon the Death of the Pilot to be transmitted to the Corporation or Authority granting it - - to be forfeited if the Holder of it keeps a Public House, or offends against the Revenue Laws _ _ - Name, &c. of Pilots appointed to be trans- mitted to the Trinity House and to the Commissioners of Customs, also a List of Pilots annually ... such Names to be transmitted to the different Ports by the Commissioners of Customs - - - - Name of Pilot to Vessels entering the Port of London to be written by him in the Log Book, and to be inserted in the Report Officer of Customs to report the same to the Corporation of the Trinity House daily, and to the Lord Warden of the Cinque Ports monthly - _ . _ Searcher at Gravesend to take the Names of Pilots Outwards, and transmit monthly Lists of them to the Trinity House — — Penalty for not complying with these Regulations, 10/. _ . . Pilotage of Vessels not having British Regis- ters to be paid at the Trinity House Certificate of such Payment to be given, and no such Ship to be cleared Outwards vvfithout the Production of such Certi- ficate . - . . . Ships with Stone from Guernsey, &c. not liable to - - - - Pilots refusing to go off or quitting their Ves- sels, Penalty — Pilot Boats to be painted Black also - - _ - Rates of Pilotage - - - may be altered . - . Notice of such Alteration to be hung up at the Custom House, London, and at the Trinity House - . . ■ Rates of Pilotage to be hung up at Custom Houses - - - - PILOT BOATS — how to be painted also - - - - - Sec. Page. 67 591 68 592 35 588 36 589 43 lb. lb. lb. lb. 46 590 47 591 45 52 72 14 2 25 26 592 112 599 587 lb. lb. 8 14 2 583 112 599 GENERAL INDEX. 771 PLACES for unlading Goods Inwards — Ships to come quickly to — and not to remove from - - - _ . for unlading Goods Inwards for lading Goods Outwards for lading or unlading Coastwise in Colonies for lading or unlading Goods PLATE BOND — Stamp reduced PLATE, FOREIGN, not battered, not to be sold un- less duly assayed - - may be sent to any Assay Office such Plate, being ornamental and made prior to 1800, may be sold without being assayed POLICE OFFICER stopping Goods PORK shipped from the Warehouse as Stores in the Colonies - - - PORTS — Her Majesty may appoint, &c. Averment as to Limits of - at which alone certain Goods can be imported Places in for transacting Business - IN Colonies — viz. Free Ports in American Colonies — Table of - - Power to appoint more Goods imported into other Ports, forfeited - Warehousing Ports — in American Colonies Power to appoint more PORT CHARGES on Portuguese and American Ships — to be the same as on British POSSESSION of uncustomed Goods — Penalty for POSSESSIONS of which the King regulates the Trade - - - POSSESSIONS abroad — Privilege of trading with, may be granted by Order in Council in America — List of Free Ports PRISONERS — Allowance to, in Gaol, if poor PRIVATE STILLS, &c. may be seized by Officers of Customs - _ . - PRIZES— Registry of . . - - PROBABLE Cause of Seizure *■ in Colonies _ - _ PROHIBITED GOODS to be warehoused for Ex- portation - - - - to be so entered . - - - such as may not be warehoused PROHIBITIONS — Inwards — Table of Outwards — Table of - - 3 D 2 Sec. Page. 12 35 59 58 110 82 125 90 29 305 76 68 59 480 60 lb. 6 482 43 122 58 318 153 100 154. 101 63 59 7 7 2 287 lb. lb. 48 314 60 319 8 694 46 123 90 331 4 290 2 287 80 138 34 118 32 199 116 152 81 327 64 63 65 64 64 63 63 59 112 82 772 GENERAL INDEX. VROUIBITIO'SS— continued. . Coastwise in Colonies — Inwards — Table of _ in Isle of Man — Table of - PROOF of Payment of Duties upon whom cast in Cases of Seizure _ . - . in Colonies - . > - PROVISIONS and STORES for the Use of Her Majesty's Forces exempted from Duty in the Colonies _ - - Regulations respecting ... QUARANTINE. Abstract of Quarantine Regulations to be fixed in a conspicuous Part of Vessels bound to the Mediterranean, kc. - Actions for Penalties and Forfeitures, by whom may be commenced . - - General Issue in ... . Limitation of - - - Sec. Page. Advocate in Scotland may stop Proceedings Attorney General may stop Proceedings Answers of Master to Quarantine Interrogatories to be received as Evidence on Trials America and West Indies may be declared to be infected with Yellow Fever, 8fC. Baggage, &c., of infectious Vessels, to be sent to the Lazaret - . - - Bill of Health, Manifest, and Log Book to be de- livered to Officer ... Boats of Vessels under Quarantine to be taken away . - - Consuls may administer Oaths Council to declare what Places are to be deemed infected with Plague, &c. , may declare America or West Indies infected with Yellow Fever, &c. may give Orders upon unforeseen Emergencies respecting Vessels, Persons, or Goods, &c. may cut off Communication with any Per- sons, anywhere, on the breaking out of Disease - . . - may shorten Period of, or release from Qua- rantine ... - . may give Directions respecting Persons es- caping from Quarantine may prohibit all Intercourse with Quaran- tine Stations ... 126 6 20 128 76 11 12 40 33 37 lb. 34. lb. 36 3 29 16 91 291 345 159 326 295 297 649 617 619 618 lb. 602 642 609 17 639 28 616 2 600 3 602 6 604 lb. lb. 19 611 20 612 GENERAL INDEX. 773 QUARANTINE— cow656 642 Ih. 649 604 602 100 58 36 91 37 309 42 307 GENERAL INDEX. 779 QUEEN'S WAREHOUSE — co7itinned. . Rent may be charged for Goods in Goods not duly cleared from, may be sold QUEEN'S BENCH— Judges of Court of— may issue Warrant to apprehend Persons in certain Cases - . . _ QUEEN IN COUNCIL may regulate Trade of certain Possessions in Europe, Africa, and India - - - QUESTIONS falsely answered also - - - . also _ > . _ ■ also .... RAISINS — damaged — no Abatement RECEIVER GENERAL — to pay into Bank of England except certain Sums retained Account to be kept by the Bank and inspected by Comptroller General his Order to the Bank for Payments into Exchequer - . . _ may draw on the Bank for certain Purposes - Drafts to be countersigned by Comp- troller General _ - - to furnish an Approbation Paper to Exchequer Balance of — at the Bank, to vest in his Suc- cessor - - - - - not answerable for Money paid into the Bank Bills, &c. paid by — into the Bank, may be returned for legal Purposes Forgery upon — to be Felony, and Trans- portation - - - - to pay all Debentures in London RECIPROCITY— with Foreign Countries— — ■^— Power to Her Majesty in Council to raise Duties on Goods in certain Cases to reduce Duties and to grant Draw- backs . _ . . to raise Duties and to withhold Draw- backs, &c. . _ _ again to reduce Duties, and again to allow Drawbacks, &c. Power to levy additional Duties of Tonnage on Foreign Ships in certain Cases or to reduce to the same Amount as on British Ships . - . and to revoke or re-impose them Sec. 151 152 122 100 100 155 90 143 10 86 88 331 96 34 72 73 32 45 18 19 20 lb. 11 lb. 12 21 22 lb. 13 22 23 lb. lb. 24 25 14 lb. 21 12 26 15 14 10 8 215 1 659 2 660 4 lb. 3 664 4 6 lb. 665 780 GENERAL INDEX. RECirROClTY— continued. • Power to prohibit Importation of Corn from Foreign Countries ... Intercourse allowed to Foreign Ships only on certain Conditions but the Acts of 4 G. 4. c. 77- and 5 G. 4. c. 1. not affected . See Treaties RECOVERY of Penalties and Forfeitures - in Colonies ... REGISTRY OF SHIPS, viz. Admeasurement of Ship while Hold clear if Cargo on board - _ - of Steam Vessels - - once taken, Tonnage not to be varied not to alter Tonnage of Vessels already registered - - - - Alterations requiring Registry de novo ■ Bill of Sale viz. Transfers not valid without must recite Certificate of Registry not valid until certain Particulars of it entered in Book of Registry or of intended Registry - valid after Entry, unless there is a prior Endorsement upon Certificate after Entry in Book of Registry, Thirty Days to be allowed before any other Bill of Sale is entered for the same Vessel - - _ not forthcoming - . - to be produced for Endorsement on Cer- tificate - - . - to be produced upon Registry de novo, otherwise not to be noticed upon such Registry - . . _ but may be endorsed if produced after- wards - - See Shares. Bond for Certificate of Registry for Change of Master Stamp Duty on - - . for Shares transferred by Agent without legal Power - - _ for lost Certificate - - - Sec. Page. 8 414 4 290 5 291 82 135 84 328 16 19 17 22 189 191 190 191 21 lb. 31 199 34 lb. 200 37 lb. 203 38 204 39 44 lb. 208 37 203 41 207 lb. 23 24 25 192 194 lb. 44 29 208 196 GENERAL INDEX. 781 REGISTRY OF SHIPS -continued. Book of Registers to be kept Copies of, deemed legal Proof Builders Certificate to be obtained prior to Registry if false — Penalty Certificate of Registry — Form of by whom to be granted to be used for the Ship only when to be delivered up to be cancelled if detained by any Person after it ought to be cancelled - - lost or mislaid ... .^— Licence for present Use in case of Loss ... withheld from Use of Ship by any Per- son whatever - - - how to proceed against Persons with- holding - - . - ■ if Person withholding abscond Shares to be endorsed on - - Master's Name to be in it if changed, to be endorsed on - - of each Year to he numbered in Pro- gression - - - Copies to be sent to Commissioners Priority of Title regulated by Endorse- ment upon - - - - Transfers to be endorsed at other Ports than that to which Vessel belongs Copies of Registry, &c., legal Proof Corporate Bodies — Declaration in behalf of ... - Debts — Assignment for Security of Declaration prior to Registry also - - - - of Identity of Ship with Builder's Certi- ficate - - . - - with Judge's Certificate making a false one - - - De novo required upon Change of subscrib- ing Owner - - - - if cannot be made in Time, Ship may go One Voyage with Permission endorsed on existing Certificate in respect of what Alterations required also . - - - when Certificate lost Sec. Page. 10 183 43 207 28 196 2 177 48 211 2 177 3 179 23 192 lb. 26 195 29 196 lb. 30 198 lb. lb. 2 177 2 lb. 24 194 10 183 lb. 39 204 40 206 43 207 13 186 45 209 13 186 14 188 28 196 32 199 48 211 11 184 lb. 18 190 31 199 29 196 782 GENERAL INDEX. REGISTRY OF SHIFS— continued. upon Registry de novo Bills of Sale not before recorded to be produced, or not to be noticed . > - but may be afterwards produced and recorded . _ _ may be granted upon Change of Pro- perty although not required - may be granted upon Security in cer- tain Cases of Transfer upon imperfect Title - . . - Documents — falsifying of, or granting false - - - - Form of Certificate » - - Gibraltar, Registry in, for Ships built there - Governors to act as Commissioners may suspend Proceedings in Suits also in the East Indies Guernsey, &c., Registry in - - Heligoland — Registry in - - India — Registry in - - - Provisions of Act extended to Jersey — Registry in . _ . Joint Stock Companies - - - Judge's Certificate for Vessels condemned as Prize - . - - Licence in case Certificate of Registry be lost . . _ - Malta — Registry in — for Ships built there - Master — Change of - - Name of, to be in the Certificate ■ Mortgage — Transfer by way of - Security by — for Debts of Owner — not atfected by Act of Bankruptcy Mortgagee not deemed Owner Name not to be changed to be painted on Stern - Oath of Allegiance to Foreign State, Owner having taken, disqualified Officers — authorized to register Ships in diffe- rent Places - . _ ■ Owners to be British Subjects also - - also - . - - also - - - - Persons disqualified to be or Master to agree in Description of Vessel _ - _ Sec. 41 lb. 42 44. 48 2 3 lb. 47 8 3 lb. lb. 6 381 3 179 36 202 32 199 29 196 3 179 24 194 2 177 45 209 46 210 45 209 27 lb. 195 12 185 3 179 5 181 12 185 13 186 23 192 12 185 15 188 GENERAL INDEX. 783 REGISTRY OF SHIFS -continned. Owners, Residence of, to be Port of Registry Number of, not to exceed Thirty-tvvo in same Ship ... - Joint Stock Companies - in Partnership - - - so deemed, notwithstanding Mortgage - Mortgagee not so deemed of Vessels lost or captured, or losing Pri- vilege, or absent Three Years, to give Notice to Collector of Port also . w - Penalty for not doing so residing in Foreign Country Penalty for false Declarations or other Docu- ments - - . - Penalties and Forfeitures, how to be reco- vered - - - - Persons being Registering Officers .. Port — of Registry - - to which Ship is deemed to belong Priority between Claimants under same Ven- dor or Mortgagor to depend upon Time of Endorsement upon Certificate Prizes — not to be registered at Guernsey, Jersey, or Man . - . Certificate of Condemnation of Shares — Ship to be divided into Sixty-four equal Parts - . _ of each Owner to be registered and on Registry de novo Fi'actions of — not to be registered how Fractions may be transferred held in Partnership Transfers of — to be by Bill of Sale to be entered in Book of Regis- ters ... to be endorsed on Certificate made valid by Endorsement on Certificate may be endorsed at another Port . . - . Notice of^to be given to Com- missioners may be notified on Bill of Sale Sec. 11 36 36 35 45 lb. 49 50 51 12 48 52 3 10 11 39 rage. 184 202 lb. 201 209 211 lb. 212^ 185 211 212 179 183 184 204 33 32 200 199 35 17) 201 37 35 lb. lb. 203 201 34 200 37 lb. 203 38 204 40 206 37 203 784. GENERAL INDEX. REGISTRY OF SHIPS— co7itinued. Ships not to have Privileges until registered - by whom, and where may be registered not registered, exercising Privileges, for- feited . _ - what — entitled to be registered ■= repaired in Foreign Parts lost — taken by the Enemy — burnt not seaworthy - - - captured by Enemy, or sold to Fo- reigners - - - - lost, broken, or forfeiting Privilege, No- tice thereof to be given absent Three Years, Notice to be given Penalty for not giving such Notice built in Colonies for Owners in United Kingdom - - . - Slave Trade, Ships condemned for Stamp on Bond required by Registry Act Survey — of Ship for Registry Owners to concur in. and declare to Identity of Ship of Ship for Licence - - . not required for Vessels under Fifteen Tons not proceeding to Sea — — nor for Vessel not exceeding Thirty Tons employed solely in fishing on the Banks of Newfoundland, &c. not to be made in any other Port than that to which Vessel belongs Tonnage to be carved on main Beam RENT FOR GOODS in Queen's Warehouse for Tobacco _ . . REPAIRS — Foreign — not to exceed 205. per Ton - REPORT OF SHIP — to state what Natives of Africa are taken on board there — — Certificate of — for Entry of Ship Outwards Inwards Copy of, of Goods reported for Expor- tation . - - - ■ Ships with no other Goods deemed to be in Ballast - - - . — — — of Goods for Exportation not reported, forfeited Manifest to be delivered at Time of making, and to be returned endorsed if any Goods are for another Port Master to produce Documents, and answer Questions upon making it - Sfc. Page. 2 177 3 179 4. 181 5 lb. 7 182 23 192 8 183 9 lb. 49 211 50 lb. 51 212 11 184 32 199 25 194 15 188 lb. 29 196 14 171 lb. 10 183 20 191 151 100 5 261 7 182 8 33 69 65 90 74 88 73 7 32 2 29 11 35 10 34 GENERAL INDEX. 78/ REPORT OF SHJFS- continued. Packages reported "Contents unknown" may be opened and examined Particulars of — and Penalty in Colonies - - - - RESIDENTS abroad cannot be Ship Owners RESTORATION OF SEIZURES also ... RESTRICTIONS — Inwards Outwards - - Coastwise - - - - in Colonies - - RESTRICTED GOODS— smuggled, deemed run Goods for Purpose of proceeding by Infor- mation - - may be warehoused for Exportation RETURN OF DUTIES overpaid — Time limited for .... RETURNED GOODS — Entry of, by Bill of Store Returned Tobacco reimported by Bill of Store to be under Restrictions of original Impor- tation - . - _ Time for Entry limited if Foreign, Duties on Importation due but may be warehoused Bill of Store to issue by Searcher to whom Bill of Store may be granted Consignee to name Proprietor - Proof as to Property Articles which may not be entered by Bill of Store - . - _ Property of Persons resident abroad entered by Bill of Store, if Ownership not changed REWARDS — to Officers of Customs for detaining Smugglers - - to Officers on Recovery of Penalty to Officers for making Seizures Scale of Rewards in different Cases Deductions for Law Charges to Officers of Army or Navy how to be distri- buted - _ . _ to Persons instrumental though not pre- sent . - _ . • may be withheld in Cases of ill Conduct to Persons informing of Spirits floating upon or sunk in the Sea - - - Tobacco and Spirits how to be valued for 3 E Sec. rage. 34. 9 7 32 21 300 12 185 14-7 98 148 99 45 122 63 59 112 82 126 91 6 291 31 117 64 63 137 95 33 45 lb. lb. lb. lb. 46 34 lb. lb. lb. 33 45 34 46 71 135 72 lb. 73 136 lb. 74 137 75 lb. 76 lb. 77 138 79 lb. 74. 137 786 GENERAL INDEX. RICE — Rough or Paddy — Export Drawl)ack Conditions upon which granted RUM — Certificate of — British Plantation how issued in Colonies East Indian — Certificate of Production for Ship's Stores - - - • also - - - - - IN Colonies — in what Cases prohibited . East Indian may be imported into West Indies, &c. in certain Cases - - though British deemed Foreign in certain Cases - . - - SAILS — Foreign — in British Ships to be reported - when, and how liable to Duty SALARIES, &c. to Officers, &c. not subject to Duty, except Income Tax ... SAMPLES — Officers may take . See Warehouse. SARK — Isle of. — See Guernsey. What Trade allowed with, in small Boats SCOTLAND — Hereditary Revenue not to be aflTected - - - - SEAMEN — Definition of the Term —~ Goods of. Outwards, in Foreign Ballast Ships SEARCHERS may open Packages to issue Victualling Bill - - - Cockets from another Port to be delivered to also Cockets of the same Port - . Account of Value of Exports to be delivered to .... conducting the Clearance of Goods Conducting the Clearance of Ships SEARCHING the Person before done. Party may require to be taken before a Magistrate ... if required without Ground, Officer liable to a Penalty of 10^. SECRETARIES OF CUSTOMS — Lands, &c. vested in their Names may sell or let the same under Authority of Commissioners - - • to pay Produce of Sale, &c. to Receiver General - - - - SECURITY may be required of Officers — ^ may be given by Deposit of Stock, &c. in cer- tain Cases - . _ . Sec. Page. 15 220 16 lb. 38 48 4.1 311 4 672 20 266 35 274. 6 291 7 292 8 294 7 32 Table 238 17 10 135 94 96 333 21 222 127 91 92 75 85 72 68 65 69 65 86 72 81 70 82 71 86 72 36 119 37 120 3H lb. 29 16 31 17 32 18 6 6 Acts 666 GENERAL INDEX. r«7 SEIZURES— r?v. of Goods — to include Packages of Ships — to include Tackle, &c. may be made by Officers of Customs - also - - - and by whom else also in Colonies to be made by Officers of Private Stills, .^Ar^ ry,r\\^ f\^nl r\A t\-\ \J n nlr n ni-r\0 \<\nAe\A VvTr l< i 1 1 of Sight, forfeited _ . . 29 lb. in Colonies - - - - • 33 307 SIGNALS — made to Smugglers 60 131 not so intended — Proof to be on Party making - - - - 61 132 r«^n«r K /~v >-^ 1 1 4- A^-tmr-n .^lA i~i vi<^ « r ^ i . 4- a (4 l-.wr mt « p T) <-i v. .-. ^ i-» 62 lb. SILK MANUFACTURES — General Denomina- tion of Contents of Packages of Silk to be inserted into the Manifest 3 30 and into the Report - - - 7 32 into what Ports importable 63 59 and in what Ships lb. Penalties and Compositions — Officers Shares of them ----- 72 135 Penalty for carrying and conveying - 52 126 Seizures of — and Rewards to Officers 72 135 SLATE, or Slate and Chalk, only deemed to be Ballast ..... 89 73 SLAVE TRADE — Seizures under — 88 330 Penalties under . - - 89 lb. SNUFF-WORK, prohibited to be imported - 63 59 GENERAL INDEX. 789- SPIRITS — Allowance for Deficiencies in Ware- house . . of Colonial Produce — Certificate of Produc- tion - - - - how to be obtained - - _ upon Re-exportation Distillation of, prohibited in the Isle of Man found at Sea — in what Cases not to be taken up - Penalty for meddling with Reward for Information of - - mixed with other Ingredients, to pay Duty as Spirits - _ - _ ■ Package and Tonnage upon Importation restricted - - - - also upon Importation into or Exporta- tion from the Channel Islands removed without Permit to be deemed run - _ . , _ how Strength of — is to be ascertained from Channel Islands — countervailing Duties upon -..-_. such Duties to be under the Management of the Commissioners of Excise such Spirits to be imported, dealt with, and removed under the same Regula- tions of Excise as Spirits removed from Scotland, &c. - - - to be made from Malt, &c. Certificate of Produce to state Materials of which made - - - of the Nature of British Brandy or Compounds not to be imported from the Channel Islands - . - . except to be entered or warehoused for Exportation - - . in Isle of Man — Distillation of — prohibited importable only by Licence what — prohibited prohibited to be imported from thence into the United Kingdom - STAMPS— for Bond on Exportatio'n of Plate on Bonds for preventing Frauds, &c. on Debentures . _ _ repealed, as to Bonds given for obtaining Drawbacks . - . under Registry Act 3e 3 Sec. 22 267 38 41 42 49 48 31] 312 671 78 lb. 79 138 lb. 134 94 63 59 95 333 30 132 117 93 1 667 2 668 3 4 lb. 669 Ih. 5 lb. 6 49 4 20 670 671 340 345 63 76 2 Jb. 59 68 674 8 25 677 194 790 GENERAL INDEX. STAMPING— Goods Order for stamping to bo j)ubli.slied Penalty for forging Stamps STIFFENING Order — to lade Goods before Entry of Ship - - - - STATIONS — for boarding Ships Inwards for Delivery of Clearance — Outwards for landing Officers — Outwards Ships not bringing to at — Penalty STORE — Bill of - - - - also _ _ - - STORES of Ships — Inwards — to be reported subject to Duties, >kc., as Goods may be warehoused or entered for private Use - - - - Outwards - to be borne on the Victualling Bill Goods for — may be taken from Ware- house in certain Cases Military and Naval — may be prohibited Outwards . . - and at the same Time Coastwise also - SUBJECTS — Persons escaping from Boats during Chase, deemed to be British Subjects SUFFER ANCE -for lading Goods, Coasting Voyage Wharfs — Appointment of - - - Goods may be landed at - SUGAR — British Plantation — Allowance for De- ficiencies in Warehouse _ . . Average Prices — how ascertained Registry of — to be kept by Clerk of Grocers Company and may be in- spected _ . _ Penalty on Clerk of Grocers Company for neglecting to keep such Re- gistry - - ^ - . - Penalty on Buyers and Sellers of Sugar for failing to make true Returns of East India Sugar, how ascertained Bounties on . - - - also - - Sample Loaves, for Sugar claiming Bounty, to be provided - - - Bounty Sugar, crashed for Exportation different Sorts of such Sugar to be kept separate ... entered for Bounty, and not equal to Sample Loaves; forfeited . - _ Sec. 56 57 58 69 12 87 94- 149 33 34 7 35 lb. 66 19 112 126 5 119 155 59 22 2 Tage. 57 lb. lb. 65 35 73 76 99 45 46 32 47 64 265 82 91 108 87 101 58 267 686 687 lb. 5 lb. 145 97 2 283 10 683 7 285 5 284 6 285 8 286 GENERAL INDEX. 791 SUG A R — co7itinued. upon which Bounty has been obtained, may be removed to the Isle of Man Bond to be given for the due landing of it Certificate of Production to be produced on Importation into the United Kingdom Master to declare to Certificate deemed Foreign in certain Cases - China, Java, or Manilla — Certificate of Pro- duction for ... when imported from a British Possession to be delivered at Port of Importation - of Countries not the Produce of Slave Labour admissible at low Duty by Order in Council - - - - of Countries with which there are Treaties of Reciprocity, admissible at low Duties by Order in Council . . - Duties on - - - - East Indian Certificate of Production also - - . - also - - - - such Certificate to be produced on Im- portation into the United Kingdom may be imported into the West Indies in certain Cases - - - warehoused at Cape of Good Hope, admitted as such . - - - from East Indian Possessions into which the Importation of Foreign Sugar is prohibited may be admitted at low Duties by Order in Council Foreign Sugar refined in Bond, liable to a Duty of 10/. per Cent, on Importation into the Colonies _ _ . refined for Exportation under Lock also - - - also . - - . Samples of White Clayed Sugar, &c., to be pro- vided by the Commissioners of Customs - SUITS for Penalties — when to be commenced in Colonies - - - - in whose Names to be commenced in Colonies - - - SUMMARY PROCEEDINGS before Justices also . _ - . - 3 E 4 Sec. Page. 17 345 ; 18 lb. : 41 311 38 48 lb: 8 294 4 680 5 lb. « lb. 2 680 6 681 1 678 9 682 5 685 91 331 39 49 7 292 40 49 8 682 13 298 42 277 43 lb. 44 278 12 684 134 160 85 329 126 158 75 326 57 129 84 140 ry'i GENERAL INDEX. SUMMONS to Party i)rosocuted before Justices left at Abode — deemed f^ood Service in Customs or Excise Proceedings in Police District may be served by Officers of Cus- toms or Excise - _ ^ SURPLUS STORES— 6'ee Stores. SURVEYORS GENERAL, &c. to examine Wit- nesses on Oath false Testimony before- is Perjury TEA — Restrictions on Importation carrying and conveying Tea liable to Forfeiture Duties - - _ . no Abatemement for Damage — importable from whence into Channel Islands and Colonies damaged Parts of — may be abandoned TERMS used in Acts — Construction of them THINGS used in Removal of run or prohibited Goods forfeited ... TIMES and Places for unlading Goods Inwards for landing Foreign Fish . - > for lading Goods Outwards for unlading or lading Coastwise in Colonies .... of Attendance ... TIMBER not to be stowed on Decks of Vessels Certificate that all Timber is below Deck to be granted _ . _ ■ sailing without such Certificate, or per- mitting Timber to be on Deck, Pe- nalty, 100/. to be piled for Measurement at the Expence of the Importer - - TOBACCO and SNUFF— damaged — no Abatement of Duty but Duty payable only on V/eiglit deli- vered from the Vv^archouse Drawback not allowed if not properly manu- factured not allowed on Cut, Roll, or Carrot Tobacco containing Stalks nor on Tobacco mixed with Dirt or not made of proper Ingredients not to be hawked about for Sale Persons hawking Tobacco Detention liable to Sec. Page. 83 139 Ih. 137 161 1 28 15 lb. 63 59 52 126 Table 251 32 44 63 59 2 688 4 lb. 127 91 28 116 59 58 61 59 110 82 125 90 29 305 11 9 25 303 24 302 26 303 62 59 32 44 22 267 73 68 13 690 i 14 691 12 690 1 lb. GENERAL INDEX. 79:3 TOBACCO AND SNUFF— continued. Leaf or unmanufactured — not to be received into a Manufacturer's Stock, but from the Warehouse, and accompanied by a Permit Leaves of Trees, &c. not to be cut to re- semble - _ _ Mooring Places for Tobacco Ships not to be used by other Ships not to be removed M'ithout a Permit . moved without Permit to be deemed run Ports of Importation - - - Restrictions of Packages and of Tonnage of Ship . - _ . Ships waiting at certain Ports for Orders ■ Stalks, Stalk-flour, and Snuff-work prohibited TONNAGE of Ships — how ascertained also - . _ . also - - _ - also - - , _ . also . - . _ to be carved on Main Beam Rate not payable on Ships leaving London without breaking Bulk or taking in Cargo - . Restrictions of — in certain Cases also for Export from Warehouse TRADE — what a Coasting Trade TRANSHIPMENT without landing not allowed except Coals - . _ TRANSIRE — Account of certain Goods for Coasting Voyage to be delivered to Collector, which, signed by him, becomes the Transire for the Voyage . - . to be delivered before unlading ■ may be granted for a Year in certain Cases - Commissioners of Customs may grant a general Transire - - TREASURY — Commissioners of — to appoint Officers of Customs may authorize Gratuities, (S,c. to Officers may select Land for Stations, 8ic., S:c. Number of Hands of — required to Docu- ments, &c. ... may make Regulations for King's Ships trading - - - - may determine what Passage by Water shall be deemed a trading Coastwise may revoke a Licence granted to an Agent by the Commissioners Sec. 11 12 lb. 6 30 63 lb. lb. lb. 138 16 17 18 19 20 139 63 50 113 59 80 121 122 123 lb. 6 8 34 46 15 114 159 f9'l. GENERAL INDEX. TREASURY — Commissioners of — continued. . may extend the London Regulations of Agency to Outports _ . _ may restore Seizures . _ . may remit Penalty or Punishment . to cause Account to be kept of hereditary Revenues - - - - to appoint warehousing Ports may regulate Abatements for Deficiencies of warehoused Goods for Exportation may make good to Importer Loss or Damage caused by Neglect, &c. of Officer Account of licensed Goods in the Isle of INIan to be transmitted to - may fix the Rent of Goods in the Queen's Warehouse - . - ~ may remit and reimpose Duties on unenume- rated Articles in the Isle of Man may permit the Importation into thelsleof Man of additional Quantities of licensed Goods what to be legal Proof of a Treasury Order - TREATIES —viz. Vessels of United States of America — Port Charges remitted United States Ships trading to British East Indies - . . _ with other Countries Act to continue while any such in force - - - where Duties upon Foreign and British Ships have been equalized by Treaty, Compen- sation to be made to Parties sustaining Loss from such Equalization from Consoli- dated Fund - . - . City of London Dues to be made good from same Fund ... as to shipping of new States in America the Act for carrying into effect the Conven- tion of Commerce with America and Por- tugal, 59 G. 3. c.54!.,to applyto all Countries with which there are Treaties of Reciprocity but said Act not to be so construed as to give greater Privileges than those stipulated for by the American and Portuguese Treaty Her Majesty in Council may declare with what Covmtries such Treaties subsist Lords of Treasury may reduce Duties on Ships or Goods of Countries with which there are Treaties of Reciprocity St-c. 162 lb. 20 2 45 47 6 151 3 4 133 6 12 10 2 10 11 12 ; jb. GENEUAL INDEX. 795 UNSEAWORTHY Vessels not entitled to Privileges of British Ships - - - . UNSHIPPING Goods — Penalty for in Colonies - - - carrying and conveying Spirits and Tobacco Tea or manufactured Silk summary Proceeding for VALUATION of Goods — governing Penalty in Colonies for Duty - - VALUE of seized Spirits and Tobacco for the Pur- pose of Rewards to be fixed by Lords of Treasury or Commissioners of Customs VESSELS and Boats liable to Forfeiture, viz. found within certain Distances with Excess of Crew - - - - ■ sailing from Guernsey, &c. without Clearance from which Drawback Bounty or Warehouse Goods are relanded - - - used in such re-landing .... from which Goods thrown overboard, or in M'hich destroyed to prevent Seizure also - - - - used in the Removal of run Goods in Colonies - ... Boats belonging to Vessels on which Names not painted - . . - Boats not belonging to Vessels on which Name not painted - - - used in piloting or fishing not painted Black British Vessels having false Bulkheads or Devices for running Goods Foreign Vessels not square-rigged arriving in Port with Goods concealed in such Places _ . - . having had a Cargo — found light, and Dis- charge not accounted for chased and not bringing to, on Signal, may be fired into and Officer indemnified - - - exempted from Forfeiture Forfeiture of — to include Tackle, &c. in the Service may be anywhere hauled on Shore and not deemed to trespass except in Gardens, &c. laden with Stone from Guernsey, &c. not required to be piloteil Sec. Page. 8 183 46 123 66 322 51 126 52 lb. 57 129 47 124 34 307 74 17 9 103 lb. 6 11 66 12 13 14 15 lb. 7 Jb. 4 146 67 lb. 45 ^96 (iENERAL INDEX. V E SS E L S — continued. not square-riggpd, wholly or in part British owned, or liavin<^ Halt' the Persons on board British Subjects, found within One hundred Leagues of the Coast, having or having had oh board Spirits or Tobacco in Packages of a prohibited Size, or more than Six Pounds Weigiit of Tea, or any Tobacco Stalks, or any Cordage for sling- ing small Casks, or any small Casks of the Description used for smuggling Spirits wholly or in part British owned, or having Half the Persons on board British Subjects found within Four Leagues of Part of the Coast of Kent or Sussex, or within Eight Leagues of any other Part of the Coast, having or having had on board similar Articles - - Foreign Vessels not square-rigged, and Foreign Boats in which there are One or more British Subjects found within the last- mentioned Limits, having or having had on board similar Articles Foreign Vessels or Boats found w^ithin One League of the Coast having or having had on board similar Articles Vessels or Boats found Avithin One League of Guernsey, Jersey, Aldernej', Sark, or Man, having or having had on board similar Articles - . . _ • ■ found within Port, having or having had contra- band Spirits or Tobacco on board under Fifteen Tons, not proceeding to Sea need not be registered under Thirty Tons, employed in fishing on Banks of Newfoundland, &c., need not be registered . . _ VICTUALLING BILL — how granted Stores — unless borne on — deemed Goods Clearance of Ships noted on - See Stores. VINEGAR to be charged with Duty according to Strength - - - . VIVA VOCE Evidence of certain Matters to be suffi- cient - - _ _ Soc. lb, lb. lb. lb. 14 lb. 68 lb. 86 133 131 WAREHOUSE — Abandonment for Duty of certain Articles - - - - 37 275 GENERAL INDEX. 797 WAREHOUSE -continued. Abatement of Duty for Deficiencies in Ware- house not allowed _ . . upon Spirits, Sugar, and Tobacco upon Corn . „ _ Accidents, Loss by, in landing, &c. while in Warehouse ... Account of Goods taken at Time of landing - Duties to be paid according to said Account - - . See Deficiencies, under Title Ware- house. Appointments to continue in force Appointment of Ports by Treasury of Warehouses and Sorts of Goods by Commissioners of Customs may be revoked or altered Order revoking to be published in Gazette . _ . Bond — General, by Warehouse Keeper or Particular by Importer - Penalty of Bond double the Duty when may be required for Removal to another Port remains in force for re-warehousing of Purchaser in lieu of Importer's Bond - or of Remover's Bond of Remover how to be discharged on Exportation - - - for refining Sugar in approved Premises ■ Bonds — all prior to Act to continue in force - Bottles, Foreign, not to be used in, until Du- ties be paid ... bottling off Wine or Rum for Exportation Brandy mixing with Wine Bulk — Goods warehoused in Bulk to be deli- vered in whole Quantities, or Quantities of a Ton each . . _ Carriage of Goods to Warehouse from Warehouse to Ship Cocoa Nuts — Allowance for Waste Cocoa — Abandonment of — for Duty ■■ Coffee, Allowance for Waste • ^ Abandonment of — for Duty Constructive warehousing re-warehousing Contents of each Package to be marked upon it - - - - Sec. Page. 21 266 22 267 23 268 17 265 18 lb. 14. 264 21 lb. 4 260 2 259 lb. 6 261 7 lb. 8 lb. 75. lb. 2 259 27 271 28 lb. 33 273 lb. 28 271 48 280 44 278 4 260 38 276 35 274 lb. 40 277 15 264 49 280 46 279 37 275 46 279 37 275 24 269 30 272 14 264 798 GENERAL INDEX. W A.REHO\JSE— continued. . Corks — Foreign, not to be used in — until Duties be paid ... Corn, Allowance for Deficiency damaged Parts of Goods may be destroyed - Deficiencies of Quantities landed liable to Duties - - - - on Tobacco, Sugar, and Spirits on Corn ... ■ on repacking to be ascertained and ap- portioned ... Treasury may make Scales of Abate- ment for ... not liable to Duties on Exportation, if in Warehouse of special Secu- rity - - - - - Allowance for natural Waste of certain Goods exported from other Ware- houses ... and in Warehouse of special Security without Limit . - - ■ Embezzlement by Officers, Damages to be made good to Proprietor Entry from . _ - Requisites of - - - for Deficiencies Entry for re-warehousing for Exportation - - - Examination of warehoused Goods upon En- try for Warehouse - - - Exportation from — Bond for - - Exportation from — not allowed in Ships under Sixty Tons ... may be to the Isle of Man Foreign Materials not to be used in repacking warehoused Goods . - - Fraudulently gaining Access to - Goods — which may not be warehoused also Cards — in certain Cases ■ to be warehoused as Commissioners ap- point _ - . - Carriage of, from the Warehouse by licensed Lightermen only not duly exported, &c., forfeited - may be delivered from the Warehouse for such Purposes, and under such Regulations, as the Commissioners of Customs shall direct Sec. Page. 38 276 23 268 37 275 21 266 22 267 23 268 37 275 45 278 Jb. 46 279 45 278 47 279 19 265 21 266 lb. 26 270 48 280 14 264 48 280 50 281 15 344 38 276 12 263 64 63 33 364 2 259 49 280 102 78 103 79 39 277 GENERAL INDEX. 799 W AREHOlJSE—co7ifinued. Goods fraudulently concealed in or removed from the Warehouse Persons concerned in such Re- moval . . _ to be cleared from the Warehouse in Three Years or sold — and Purchaser allowed Three Months in which to clear them . - _ . Time for clearing removed Goods not to be taken out without Entry except as Stores of Ships entered for Warehouse — may be en- tered also for Home Use, or for Ex- portation, as if from Warehouse, although not taken thither • and not deposited there, Penalty - prohibited for Home Use to be so marked on Package . . - to be kept in original Package but see Repacking (under Ware- house). if warehoused in Bulk, not to be deliver- ed, except in whole Quantities, or a Ton at least . - - in Docks liable to claim for Freight Keeper, Liability of — for Duties to stow Goods so as to be easy of Ac- cess when required to produce Goods when required Loss by Accident, in taking in, or delivering out - - - - in the Warehouse _ - - from Embezzlement by Officers to be made good . - - . Notice of repacking Package — Contents to be marked on — and Deficiencies on repacking if of Goods prohibited to be marked " prohibited " - - - — not to be altered, except in certain Cases — and packing Materials — Foreign — not to be used until Duties be paid to be marked for Delivery Sec. Pepper — Allowance for Waste of - - . damaged Parts of, may be abandoned for Duty . . - 12 46 16 lb. 29 19 lb. 24 13 14 lb. 40 277 51 281 10 262 lb. 11 263 17 265 18 Jb. 47 279 36 275 14 264 37 275 14 264 lb. 38 276 41 277 46 279 37 275 800 GENERAL INDEX. WAnEHOUSE— continued. Ports for warehousing to be appointed by Treasury - - - - Publication of Appointments of Warehouses Queen's Warehouse, Deiinition of Uemoval, viz. to another Port to be re-varehoused Notice of Intention of . preparing Account for Seals of Office may be put on Packages Tobacco — to certain Ports for Navy - Entry and Warrant for Bond for . . - remains in force for re-warehousing on Arrival, Entry and Warrant to re- warehouse - - - Examination of Goods Duties on Deficiencies to be paid Account to be returned to Port of Removal - - - Removed Goods to be cleared within Three Years from the Date of original Importation - - - Entry as from Warehouse although not taken to Warehouse to another Warehouse in the same Port removed Goods subject to original Conditions Rent — for Goods in Queen's Warehouse for Tobacco Warehouse Repacking, viz. after sorting Goods - - - in the same or equal Packages or others with Leave of Commis- sioners - - Duties on fresh Packages, &c. . Notice of Intention to repack - Regulations - - surplus Quantities left Refuse and damaged deficient Quantity to be ascertained and apportioned _ - . Goods abandoned for Duty Right to Warehouse Goods M'ithout Payment of Duty . . - . Rum — may be delivered as Stores bottling off — for Exportation drawing off into small Casks for Ships Stores - - - - Sec. I'age. 2 259 7 261 127 91 25 269 Jh. Jh. lb. Ih. 26 270 27 271 28 lb. 26 270 lb. 28 271 26 270 29 272 30 272 31 lb. 32 273 151 100 5 261 35 274 lb. lb. 37 275 36 lb. lb. 37 275 lb. lb. lb. 17 220 20 266 35 274- Hk GENERAL INDEX. 801 WAREHOUSE— continnech Sale of warehoused Goods valid although they remain in the Warehouse - Samples taken in Warehouse Special Security — Warehouse of also . - - - Spirits — Abatement in respect of Deficiency upon Exportation filling up Casks of - - - Waste. See Deficiencies (under Ware- house). Stores of Ships Inwards may be warehoused - warehoused Goods may be shipped as Stores . - - to be cleared from — in One Year such Stores may be shipped without Entry, if borne on Victualling Bill also - - _ Goods shipped as Merchandize not to be used as Stores - - - Stowage of Goods in Warehouse Manner of— Commissioners may direct - Sugar — Abatement in respect of Deficiency - may be refined for Exportation in ap proved Premises - - - also - - ■ Approval of such Premises may be revoked - - Tobacco — W^arehouses to be provided for by Commissioners of Customs at what Ports importable One Month allowed for taking Account of - any Quantity may be abandoned for Duties _ . . Abatement of Duty in respect of Defi- ciency ... may be removed to certain Ports for Use of Navy - - - See further, Cap. 86. §§ 107, 108, and 109. Transfer in Warehouse valid to be recorded by Officer Wine may be bottled in Warehouse for Ex- portation or mixed with Brandy Lees of, may be abandoned for Duty Allowance for Dtficiency upon Expor- tation - - - 3e Sec. Page. 9 35 2 3 22 46 35 35 19 16 19 20 19 10 2 22 42 43 lb. 5 63 14 37 22 25 9 lb. 35 37 46 802 GENERAL INDEX. W A R E H O USE— continued. • IN Colonies, viz. Ports for — appointed in the Act Appointment of Wareliouses in such Ports the Queen can appoint other Ports on Arrival at a Frontier Town in Canada Goods may be entered for the Ware- house at some Warehousing Port in Canada - - - - Right to warehouse Goods Stowage of Goods in Warehouses • Carrying of Goods to — and from Bond for Goods to be warehoused and for Removal —— of Purchaser in lieu of Importer - for Exportation at Frontier Ports Entry. — See Goods, Goods, viz. entered for — without Duty and not duly deposited, or not duly delivered from, forfeited Account of Goods to be taken on landing _ - - not to be taken from Warehouse without Entry also _ - .. - Deficiencies — Duty due on deficient Quantities - - - Goods entered to be taken from the Warehouse - - - Samples of — may be taken may be sorted and re-packed may be removed to another ware- housing Port upon Bond - ■ and what — may be abandoned for Duty to be cleared in Two Years — — Foreign Beef and Pork warehoused may be delivered as Stores WARLIKE Equipment. — See Foreign Equipment. WARRANT — of J ustice — Form of • ■ may be executed in any Part of the United Kingdom - - - - of Commitment for increased Punishment need not refer to former Conviction may be amended - - - Sec. 48 Jb. 60 50 49 51 lb. 52 57 52 59 50 49 53 54 lb. 53 54 53 55 56 51 56 58 lb. 107 85 93 101 GENERAL INDEX. 803 W ARRANT— continned. not to be avoided, if it states the Party to have been convicted, and that Conviction was well founded - . . _ Special on Capias, granted to Persons named by Solicitor of Customs and Sheriff not in that Case respon- sible - . _ - of King's Bench to apprehend Persons charged with Offences - - - WASTE. — See Deficiencies (in Warehouse). WEIGHTS and MEASURES, &c. and in Colonies . . - WHEAT— warehoused Wheat to be delivered Duty-free upon substituting an equivalent Quantity of Wheat Flour or Biscuit such Flour or Biscuit to be deposited in Warehouse, and a Certificate of such Deposit to be granted, which for Six W^eeks is to entitle the Holder to an equivalent Quantity of warehoused Wheat Depositors of such Flour or Biscuit may also enter an equivalent Quantity of Wheat from the Vessel Duty-free Three Days Notice to be given to the Collector of such Deliveries being re- quired - . . such Wheat not be delivered until the Deposit is made and has been exa- mined, nor until the Certificate has been examined . _ - the Deposit to be subject to the Ware- housing Laws, but deposited Biscuit not to be taken out for Home Con- sumption - - •/ - deposited Flour or Biscuit not to be re- imported on pain of Forfeiture within what Time Wheat is to be entered from the Vessel Duty-free Samples of Biscuit to be provided with which to compare Deposits Penalties and Forfeitures for tendering inferior Articles for Deposit deposited Flour not to be taken out for Home Consumption in less than Four Weeks from the Day of Deposit Sec. Page. 103 14-6 112 150 113 151 122 155 129 17 92 299 1 442 2 lb. 3 443 4 lb. 5 lb. 6 444 7 lb. 2 446 3 447 5 lb. 6 lb. 804 GENERAL INDEX. WINE — of Cape of Good Hope — Certificate of — how granted ... and when to be produced in United Kingdom . - - - racking off, mixing, &c., in Warehouse Lees of — abandoned for Duty Sec. Page. 93 41 . 35 37 32 28 lb. 132 51 52 40 70 117 109 101 lb. 332 50 274 275 44 15 160 54 lb. 121 324 153 148 146 WITNESSES — before Surveyors General, &c. Officers not incompetent because entitled to Reward .... WRECKED GOODS — Duty on WRIT — of Assistance to search for Smuggled Goods . . - . in Colonies - - - - Month's Notice — of Capias may issue against Persons sued for Smuggling _ - . of Certiorari, when not to issue London : Printed by George E. Evre and AndriIvv Spottiswoode, Printers to the Queen's most Excellent Majesty. CI tolVEFvSlTY OF CALIFOttNlA LOS ANGELES I Ml -< Mi ill ■^/sa3AiNn-3ttV ^iKOJIlVDJO'^ '^^ifOillVDJO^ ^UIBRARYO^ ^lllBf ^^ojiTVDjo^^ '