Fees abo

lished.

Rule 2. No fee, perquisite, gratuity, or reward, whether pecu- 51 Geo. 3. niary or of any other sort or description whatever, shall be required, c. 71. § 10. taken, or received, by any officer, clerk, or other person executing or performing, or assisting in the execution or performance of, any of the duties, or acting in any of the offices or employments, in or belonging to His Majesty's customs in the port of London, (a) for any service, act, duty, matter, or thing, done or performed, or to be done or performed, by any or either of such officers, clerks, or other persons, on account of or relating to any such office or employment, except as hereinafter is provided; and all such officers, &c. respectively, shall receive such annual salaries or other allowances as the lords commissioners of the treasury shall deem to be reasonable for the labour and trouble of executing the duties of their respective offices or employments; and if any such officer, clerk, or other person, shall at any time require, take, or receive any fee, perquisite, gratuity, or reward, whether pecuniary or of any other sort or description whatever, either directly or indirectly, except as hereinafter is provided, contrary to the true intent and meaning of this act, on account of, or relating to, any such office or employment, or for any service, act, duty, matter, or thing, done or performed, or to be done or performed, either therein or in the performance or execution of any orders or directions he may have received from the commissioners of customs, though the same shall be freely offered or given, every such officer, clerk, or other person so offending, shall, on proof thereof to the satisfaction of the commissioners of customs in England, be, for the first offence, peremptorily dismissed from his office or employment, and be rendered incapable of ever again holding, or executing, or acting in, any office or employment in the service of customs or excise.

Rule 3. Nothing in this act shall extend to prevent any of the so- Solicitors licitors of customs from charging and receiving any fees which they fees, § 11. have been heretofore accustomed to charge and receive on account of the professional business which they transact in their respective offices. Rule 4. "Whereas it has long been the practice for merchants and "others concerned in the importation and exportation of goods, to "select and employ such of the officers or clerks in the long-room of "the custom house, London, in preparing, framing, and passing en"tries of goods inwards and outwards as they thought proper: and "whereas it is expedient and necessary for the accommodation of "trade, that merchants and others should not be prevented from "availing themselves of the assistance afforded by such officers and "clerks, when they may require it, but that the fee or reward for "such assistance should be regulated and ascertained;" it is therefore enacted, that it shall be lawful for any officer or clerk employed in the Passing enservice of the customs in the long-room of the custom house, London, tries, § 12. to render such assistance as aforesaid to merchants and others making entries inwards or outwards, and to take or receive for the same such fee or reward only as the commissioners of customs in England, with the approbation of the lords commissioners of the treasury, shall from time to time think proper and direct, and any such officer or clerk who shall receive any greater fee or reward for such service than shall be so allowed and directed, shall be subject to the penalties of this act,

(a) Since extended to the out-ports. See the note to Rule 10 of this title.

51 Geo. S. c. 71.

Odd pence, $13.

Expediting warrants,

$14.

and be punishable as a person receiving illegal fees, contrary to the provisions thereof.

Rule 5. "Whereas inconvenience might arise to merchants and "others making entries at the custom house in the port of London, if "the several collectors and receivers of the duties of customs in the "said port were to be subject and liable to the penalties of this act, "in case they were to receive more than the precise fractional amount "of the duties of customs due on any such entry not amounting to "6d. according to a practice which has long prevailed;" it is there. fore enacted, that nothing in this act shall extend to prevent any receiver or collector of any of the duties of customs in the port of London from receiving and applying to his own use so much beyond the precise fractional amount of the duties legally due on any entry as shall not in any instance amount to the sum of 6d. beyond such precise amount of duty; that is to say, when the total sum of the duties upon an entry produces a fraction under 6d. he may receive the 6d. and when it produces a fraction between 6d. and 1s. he may receive 1s. provided that the merchant or other person making such entry shall be desirous and willing to pay the same, but not otherwise.

Rule 6. "And whereas it is necessary, for the accommodation of "merchants and traders, that warrants of entries inwards in the port "of London should, in certain cases, be issued by the several receiv"ers and collectors of the duties of customs, and expedited, and de"livered to the proper officers appointed to discharge or deliver the goods mentioned in any such entry, without waiting the usual course "of daily business: and whereas the practice of granting such accom❝modation to merchants and others has long prevailed, and would, if "discontinued, be attended with much inconvenience to trade: and "whereas it is just and reasonable that the officers of customs, by 66 whom such warrants are to be issued and expedited, should receive "a moderate recompense for the extraordinary trouble occasioned "thereby," it is therefore enacted, that in case any merchant or other person, making any entry inwards in the custom house in the port of London, shall be desirous of having the warrant of such entry despatched before the usual hour of delivering such document to the proper officer of customs appointed to attend the examination and discharge of the goods so entered, it shall be lawful for the receiver or collector of customs in the port of London, whose duty it may be to issue such warrant, and the clerk of the warrants in the long-room of the custom house, London, to expedite and pass the same through the proper offices, provided the merchant or other person making any such entry shall request to be so accommodated; and in such case the following gratuity shall be paid to the said officers, viz. to the receiver or collector whose duty it may be to issue such warrants, the sum of 6d. for each warrant so issued, and no more; to the clerk of the warrants, the sum of 1s. for each warrant so expedited, and no

more.

Rule 7. "And whereas certain persons in the office of the collector "of customs outwards in the port of London, are directed and em"ployed specially to write cockets for the shipping of goods for the purpose of exportation: and whereas it has been customary for the "merchants and other persons entering goods for exportation, to "select and employ such of the said cocket-writers as they shall think

66

"fit to write such cockets: and whereas it is necessary for the accom- 51 Geo. 3. ❝modation of the merchants, and to facilitate the regular shipping of c. 71. "goods intended to be exported, particularly during a press of busi

66

ness, that such practice should still be allowed;" it is therefore Cockets, § 15. enacted, that it shall be lawful for any merchant or other person making an entry in the custom house in the port of London, of goods intended to be shipped for exportation to foreign parts, and for which it is necessary a cocket should be first procured, to select and employ either of the persons holding the office of cocket-writer in writing such cocket; and it shall be lawful for any such cocket-writer so employed to receive from the merchant, or other person making any such entry, such fee or gratuity, according to the trouble occasioned by writing the same, as shall be agreed on between the person making the entry and such cocket-writer: provided always, that such fee or gratuity shall not in any case whatever exceed the sum of 5s. including the expense of the parchment on which such cocket shall be written, which parchment the said cocket-writer shall provide at his own expense; and any such cocket-writer who shall take or receive any greater fee or reward for writing any such cocket than is hereinbefore allowed, shall be subject to the penalties of this act, and be punishable as a person receiving illegal fees contrary to the provision thereof.

Rule 8. Nothing in this act shall extend to prevent any officer or Shares of seiother person holding or exercising, or acting in, or performing, the zures, § 16. duties of any office or employment in the customs in the port of London, from receiving such reward or satisfaction, for any detention, seizure, or forfeiture, of any goods, or any penalty or share of penalty or composition, which, under any law now in force, or hereafter to be passed, in relation to the duties of customs, he is or may be legally entitled to; or to prevent any such officer, clerk, or other person, from receiving any allowance, gratuity, or reward, which the lords Allowances. commissioners of the treasury, or the commissioners of customs in England, may think fit to direct.

Rule 9. It shall be lawful for the lords commissioners of the trea- Out-ports, sury, whenever it shall appear to them to be expedient and proper, to § 23. extend the provisions of this act to any of the other ports in Great Britain, and to the officers, clerks, and other persons, employed in the service of the customs at any such ports, and that the same can conveniently be done; and the said lords commissioners of the treasury are hereby authorized, from time to time as they shall think fit, to put in execution the powers and provisions of this act, as to any out-port in Great Britain, by extending the provisions of this act to any such port in Great Britain, and to the officers, clerks, and other persons, employed in the service of the customs therein; and in such case the said commissioners of the treasury shall give notice of such extension in the London Gazette, three several times. (a)

Rule 10. From the expiration of 14 days from the publication of out-ports, any such notices, or any such longer period from such publication as § 24. the said lords commissioners of the treasury shall direct to be inserted

(a) By order in council, dated 6th March and 20th November, 1812, the lords commissioners of the treasury gave notice that the above act, and all the powers and authorities, and regulations, pains, and penalties, shall be, as far as the same are applicable, extended to EDINBURGH from 5th April, 1812, to all the ports of SCOTLAND from 5th July, 1812, to all the OUT-PORTS in ENGLAND AND WALES from the 5th January, 1813, and to the several officers, clerks, and other persons employed in the service of the customs at the said ports.

51 Geo. S. c. 71.

West Indies.

24 Geo. 3.

$32.

Collusive seizures, or

bribes.

therein, all the powers, authorities, provisions, directions, clauses, penalties, and forfeitures in this act, shall, so far as the same are applicable, be deemed to extend to any such port, and to any officer, clerk, or other person, holding any office or employment in the customs at such port, who shall be enumerated or described in any such notices, as fully and effectually as if such officer, &c. had been enumerated or described in the tables annexed to this act, and as if all the said powers, &c. so far as the same are applicable, had been repeated and particularly enacted in the body of this act.

TITLE XV.-BRIBES.

[As to taking bribes, &c. in the West Indies, see TITLE 110.] Rule 1. IF any officer of His Majesty's navy, customs, or excise, sess. 2. c. 47. shall make any collusive seizure, or shall deliver up, or shall make any agreement to deliver up, or not to seize, any vessel, or any goods, liable to forfeiture by this or any other act of parliament, or shall directly or indirectly take or receive any bribe, gratuity, recompense, or reward, for the neglect or non-performance of his duty, every such officer therein offending shall, for each offence, forfeit 500l. and be rendered incapable of serving His Majesty in any office or employment, civil or military; and if any person whatsoever shall give, offer, or promise to give, any bribe, recompense, or reward to, or make any collusive agreement with, any officer of the navy, customs, or excise, to do, conceal, or connive, at any act whereby any of the provisions made by this or any other act of parliament relative to His Majesty's customs or excise may be evaded or broken, every such person shall, for each such offence (whether the same offer, proposal, promise, or agreement be accepted or performed or not), forfeit 500l.

47 Geo. 3.

$47.

Offering

Rule 2. If any person whatever shall give, offer, or promise to Bess. 2. c. 66. give, any bribe, recompense, or reward to, or make any collusive agreement with, any commissioned or non-commissioned or warrant bribes to offi- officer of His Majesty's army, navy, or marines, to do, conceal, or cers of army, connive at any act by which His Majesty might be defrauded in his revenue of customs and excise, whether any such bribe or offer shall have been accepted or not, every such person shall, for each such offence, forfeit 100l. (a)

&c.

47 Geo. 3.

§ 7. What holi

kept.

TITLE XVI.-HOLIDAYS.

Rule 1. No holidays whatever shall be kept at the custom house sess. 1. c. 51. in any of the ports in Great Britain, or by any officer, clerk, or other person belonging to, or employed in, the service of His Majesty's days shall be customs in any of the said ports, except Christmas Day and Good Friday in every year, and any days which shall be appointed by His Majesty's proclamation for the purpose of a general fast or thanksgiving, and also the anniversaries of the restoration of His Majesty King Charles the Second, and of the coronation of His Majesty, and the birth days of their Majesties and of his Royal Highness the Prince of Wales; but all business of the custom house, and relating to the revenue of customs within the said ports, shall be carried on and performed on every day throughout the year, except on Sundays and the days before excepted.

(a) Extended to half-pay officers. See TITLE 5, Rule 101.

PART III.

TITLE XVII.-ALIENS.

[As to Aliens in the West Indies, see TITLE 108.]

West Indies.

Rule 1. No children of aliens under 21 years of age shall be traders, nor goods be 13 & 14

entered in their names,

Cha. 2. c. 11.

Under age.

15 Cha. 2.

Exercising

Rule 2. It shall be lawful for any person whatsoever, native or foreigner, freely in § 10. any place of England, privileged or unprivileged, corporate or not corporate, to set up and exercise the trade, occupation, or mystery of breaking, hickling, or dressing of hemp or flax; as also for making and whitening of thread; as also of spinning, weav- c. 15. 2. ing, making, whitening, or bleaching of any sort of cloth whatsoever made of hemp or flax only as also the trade, occupation, or mystery of making of twine or nets for fishery, or of stoving of cordage: as also the trade, occupation, or mystery of making any sort of tapestry-hangings.

trade.

Rule 3. All foreigners that shall really and bona fide set up and use any of the Oath of alletrades and manufactures aforesaid, by the space of three years in England shall, from giance, § 3. thenceforth, taking the oaths of allegiance and supremacy before two justices of the peace near unto their dwellings, enjoy all privileges whatsoever as the natural born subjects of this kingdom.

Rule 4. The children of all natural born subjects born out of the legiance of Her 7 Ann. c. 5. Majesty shall be deemed to be natural born subjects of this kingdom, to all intents, § 3. constructions, and purposes whatsoever. (a)

Children.

Rule 5. All such persons as shall be born on board any of the ships of war, or 9 Ann. c. 21. other ships to be employed in or about the trade of the South Sea Company, or who $ 53. shall be born in any of the places which shall be discovered or possessed by the said South Sea company or any of their dependencies, shall be adjudged to be born within the Company. allegiance of Her Majesty, and shall have all the privileges of the natural born subjects of Her Majesty.

abroad.

Rule 6. All children born out of the legiance of the crown of England or of Great 4 Geo. 2. Britain, or which shall hereafter be born out of such legiance whose fathers were ore. 21. § 1. shall be natural born subjects of the crown of England, or of Great Britain, at the time Children born of the birth of such children respectively, shall and may, by virtue of the foregoing act, 7 Ann. and of this present act, be adjudged to be, and all such children are hereby declared to be, natural born subjects of the crown of Great Britain, to all intents and purposes whatsoever.

Rule 7. Nothing in the said act, or in this present act, shall extend to make any Children of children, born or to be born out of the legiance of the crown of England, or of the parents at crown of Great Britain, to be natural born subjects of the crown of England, or of tainted of Great Britain, whose fathers at the time of the birth of such children respectively were treason, &c. or shall be attainted of high treason, by judgment, outlawry, or otherwise, either in 9 2. this kingdom or in Ireland, or whose fathers at the time of the birth of such children respectively, by any law made in this kingdom or in Ireland, were or shall be liable to the penalties of high treason or felony, in case of their returning into this kingdom or into Ireland without the licence of His Majesty, or of any of His Majesty's royal predecessors, or whose fathers at the time of the birth of such children respectively were or shall be in the actual service of any foreign prince or state then in enmity with the crown of England, or of Great Britain, but all such children shall remain in the same

(a) By 10 Ann. c. 5. the above act (except so much of it by which the children of all natural born subjects, born out of the allegiance of Her Majesty, are to be deemed to be natural born subjects of this kingdom) is hereby repealed to all intents and purposes whatsoever; provided, that such repeal shall not in any sort prejudice or impeach the naturalization of any person who has been or shall be naturalized before the 4th of February, 1711, pursuant to the directions of the said act.