and Places of the cranes and stairs, were to be ascertained by the lord mayor The Ports and court of aldermen, with his majesty's approbation, and set Discharge and out by the surveyors accordingly, at or before the first of May Loading, then next; and all the wharf ground on each side of the river was enjoined to be kept open and at large, without any division or separation, and each person's property therein to be distinguished only by denter stones in the pavement. It was also provided, that no lighter-boat or vessel should lie before these quays or wharfs longer than was necessary for lading or unlading the goods, without the consent of the wharfingers or proprietors; but that every person should be allowed to land goods at any of the wharfs or quays within the intended channel, the proprietor or wharfinger demanding only such rates as should be appointed by his majesty, with the advice of his privy council; in addition to which, reasonable rates for tolls and other profits arising by the navigation of the channel, were to be appointed by the lord mayor and court of aldermen, with the approbation of the barons of the exchequer, or two or more of them; and these tolls or profits were vested in the mayor, commonalty, and citizens of the city of London, for the preservation of the navigation and sluices, and other incidental expences (1). But this enactment did not annul the power vested in the crown to appoint commissioners to nominate particular places to be quays and wharfs within the city of London, and to declare the bounds and privileges of that port and the other ports of England, nor any other powers and privileges for the preservation of his majesty's revenue of customs collected there (2). The East India, West India, and London docks, are declared legal quays by the several statutes which authorized their establishment (3). And when pilchards or other fish are exported, for the purpose of obtaining the bounty, the commissioners of excise are empowered to authorize them to be exported from such convenient place as they shall deem proper (4). The stat. 13 & 14 Car. 2. c. 11. provides that no vessel arriving from foreign parts "shall be above three days coming from Gravesend to the place of her discharge (1) 22 Car. 2. c. 11. s. 47. but Bridewell dock and Fleet ditch were in part filled up by 6 Geo. 2. c. 22. (2) 22 Car. 2. C. 11. s. 84. (3) East India dock, 46 Geo. 3. c. 113. s. 13. West India dock, 39 Geo. 3. c. 69. s. 85. London docks, 39 & 40 Geo. 3. c. 47. s. 73. ante, 558. Pope, 238-240. The legal quays; and goods cannot be (4) 39 Geo. 3. c. 65. s. 4. Pope, The Ports and Places of within the Thames, without touching or staying at any wharf, Discharge and quay, or place adjoining to either shore between Gravesend and Loading. Chester's quay, unless apparently hindered by contrary winds, draft of water, or other just impediment, to be allowed of by the persons appointed for managing the customs, the collectors inward, or other principal officers." And in all out-ports and members, the vessel must come directly up to the place of unlading and making entry, so far as the condition of the port requires and will admit, under the penalty of forfeiting £100 (1). Goods may be laden or discharged at other places besides the legal quays, on a sufferance being granted for that purpose by the commissioners of customs (2); but if goods be improperly shipped without a sufferance, they are forfeited. (3) 2dly, Of the Times prescribed for loading and discharging Vessels. (4) 2dly. The regulations of the revenue also require that the goods should be laden and discharged at particular times. The statute of Elizabeth already alluded to, when it confined importation and exportation to the legal quays, also imposed restrictions in point of time (5). According to this act, merchandize can only be discharged and laden in the day-light, between sunrise and sunset, from the first of March until the last day of September, and between the hours of seven in the morning and four in the afternoon from the last day of September until the first of March. A penalty of £100 is incurred by a breach of this law, and the goods are forfeited (6). However, the commissioners of the treasury are authorized by later statutes, whenever they deem it expedient for the accommodation of the revenue, and the security of trade, to alter the hours during which the officers, clerks, or other persons employed in the service of the customs at any port of Great Britain are required by law to attend in the execution of the duties of their respective offices, and to regulate and direct the attendance of every such officer, clerk, or other person so employed, in such manner, and during such times, and at such places as the commissioners think right in regard to the public service (7). Another qualification is also ingrafted on the statute of Eliz. by the act 57 Geo. 3. c. 116. s. 2. which provides that it shall be lawful for any person to receive or take on board, at any time before and until sunset, from the 30th of (1) 13 & 14 Car. 2. c. 11. s. 2. (2) 13 & 14 Car. 2. c. 11. s. 14. 50 Geo. 3. c. 207. s.3. Loc. & Per. (3) Baker v. Liscoe, 7 Term Rep. 171. 28 vel. Mr. Justice Ashurst's paper books, 74. MS: (4) See division of the subject, ante 692. 725. (5) 1 Eliz. c. 11. s. 2. (6) 1 Eliz. c. 11. s. 3. (7) 47 Geo. 3. sess. 1. c. 51. s. 8. 56 Geo. 3. c. 35. s. 2. discharging September to the 1st of March in each year, into any vessel The Times for bound to parts beyond the seas, any goods which may be law- loading and fully exported, and which have been put off or waterborne from Vessels. any quays in the port of London according to law, within the legal hours for putting off the same (1). These provisions respect the time at which the cargo may be either discharged or laden on board. According to the modern practice, the hours during which goods may be landed and shipped vary at many ports, and sometimes at the same port, as at the several docks in and near London. (2) 3dly. We will proceed to consider the manifest which is required to accompany the vessel. The manifest is a written do cument containing the particulars of the ship and cargo. The manifest on importation will be first considered, and then the manifest on exportation. In considering the first division, we shall have occasion to inquire, 1st, into the statutes which require a manifest in respect of goods in general, on their being imported; 2d, the manifest in respect of wine; 3d, in respect of tobacco; 4th, the manifests of ships clearing out from the colonies; 5th, the manifest of the crew in the West India trade; lastly, we shall consider the mode in which the production of the manifest may be enforced; the consequences of goods being imported without a manifest, and of the manifest not agreeing with the report. Afterwards we shall consider the manifest on exportation. The statute 26 Geo. 3. c. 40. (4) provides that no goods shall be imported into Great Britain in a British vessel, without a manifest or content in writing, signed by the master, containing the names of the places where the goods shall have been laden, the name and built of the vessel, and the true admeasurement or tonnage thereof, according to the register, together with the christian name and surname of the master, and the place to which the vessel belongs, and a correct and particular account of all the cargo, and of all packages of goods so laden or taken on board, and of the particulars of the cargo which is stowed loose, and of the following particulars, in words at length; that is to say, the respective numbers of the packages, with a particular description thereof, whether leaguer, pipe, (1) 57 Geo.3. c. 116. s. 2. Pope, tit. 10. note b. (2) Pope, tit. 10. (3) See division of the subject, ante, 692, 725. (4) And see before this act 13 3dly, Of the Manifest. (3) Of the Wine Manifest. butt, puncheon, hogshead, barrel, or other cask or package, describing such other cask or package by its usual or ordinary name, or whether case, bale, pack, truss, chest, box, bundle or other package; or by such other name or description as the same is usually called or known (1). In an order issued by the commissioners of customs dated the 20th February 1816, it is stated that it had been represented to the commissioners that the masters of British vessels entering inwards from Senegal and other British settlements on the coast of Africa had not been required to produce a manifest or content of the cargo, agreeably to the 26 Geo. 3. c. 40.; but as this practice had not been sanctioned by any authority of the lords of treasury or of the board of customs, the commissioners gave notice that if, after the expiration of nine months from the 20th of February, any goods should be imported in a British ship from any part of Africa, without the manifest or content in writing as required by the act, the master of the importing vessel would be prosecuted for the penalty as the law directs (2). A similar relaxation of practice had also taken place with regard to requiring the insertion of the marks and numbers on hogsheads of sugar imported from the West Indies, in the manifests produced by the masters of the importing vessels, and also in the reports of their cargoes; but it appears that the insertion of these particulars in both documents is required by the 13 & 14 Car. 2. c. 11. (3) and 26 Geo. 3. c. 60, and therefore cannot be dispensed with. It is also especially provided for in the ordinary form of the master's reports (4). An important and considerate regulation has been lately made by the board of treasury with regard to the operation of the 26 Geo. 3. c. 40., directing that if, upon the delivery of the cargoes of vessels, it shall appear that any packages which may be erroneously marked do in substance and contents correspond with the report and the manifest, neither the goods nor vessels shall be deemed liable to seizure by the officers of customs on account of such an error. (5) The manifest on the importation of wine is regulated by special provisions in the statute 26 Geo. 3. c. 40. The statute requires that no wine of any sort shall be imported into Great Britain from any place not belonging to or under the dominion of the crown of Great Britain in any vessel without a manifest, (1) See form of manifest, Appendix. (2) Pope, tit. 9. rule 3. note. Faith v. Pearson, 6 Taunt. 439. 440-442. (3) 13 & 14 Car. 2. c. 11. s. 10. (4) Order of the board of customs, dated 4th December 1813. Pope, tit. 9. rule 3. note b. (5) Pope, tit. 9. in notes. Manifest. signed by the master before the clearing or departure of the of the vessel from each place where the wine was laden on board, containing the names of the places of lading, the name and built of the vessel, and the true admeasurement and tonnage, together with the names of the master, the place to which the vessel belongs, and a particular account of the quantity of wine, distinguishing the quantity of each sort, and the marks on the packages, and, if known, the names of the consignees, and also in words at length the numbers on the packages, with a' particular description of them; and this manifest is required in addition to all such certificates and other documents which the law required to accompany the goods at the time of passing the 26 Geo. 3. c. 40. However, in practice, after the passing of the 26 Geo. 3., wines were frequently imported from places not under the dominion of the crown of Great Britain, without being accompanied by the manifests directed by the act. And after the passing of the 54 Geo. 3. c. 36. wines were also imported from the East Indies and the Cape of Good Hope without being manifested as required by that statute. But the commissioners of the customs gave notice on the 11th December 1817, that if any wine should be imported from a place not belonging to the crown of Great Britain, after the expiration of three months from that day, without the manifest required by the 26 Geo. 3., such wine would not be admitted to entry; and if, after six months time from that day, wine imported from the East Indies and the Cape of Good Hope should not be manifested as required by the statute 54 G. 3. c. 36. it would be seized and prosecuted according to the directions of that statute (1). When wine is imported from foreign parts not subject to the crown of England, the master is required, before his departure from the place where the wine is laden on board, to verify upon oath the truth of the manifest before the British consul or other chief British officer, if there be any such resident at or near the place where the wine is taken on board. (2) Manifest. The manifest in regard to tobacco, is regulated by the statutes Tobacco 47 Geo. 3. sess. 1. c. 25. s. 2. (3), and 29 Geo. 3. c. 68. (4), and differs according to the place from whence the tobacco is imported (5). The manifest in respect to goods coming from the East Indies, the Cape of Good Hope, and St. Helena, has (1) Pope, tit. 9. rule 4. note. See s. 16, 17, 18, 19, 20, (5) See 53 Geo. 3. c. 155. s. 14. 54 Geo. 3. c. 36. s. 3, 4, 5, 6, 8, 14. as to the Cape and St. Helena, 54 Geo.3. c.36. s. 9, 10. 12. Pope, |