« ForrigeFortsett »
bo Geo. 3.
act, and who shall not prove that he was only a passenger on board such vessel or boat, and every person found aiding in unshipping any spirits, tea, tobacco, coffee, or salt, being illegally on board such vessel or boat, within the limits of any of the poris of the said isle, without payment of the duties due thereon, or having, or who shall be found carrying, conveying, concealing, or assisting in the carrying, &c. any spirits, tea, tobacco, coffee, or salt, which shall have been clandestinely imported or illegally landed in the said isle, or who shall be found aiding in the loading or putting into any vessel or boat for the purpose of being exported from the said isle, any spirits, tea, tobacco, coffee, or salt, shall, for every such offence, forfeit 1001. or treble the value of the goods so illegally
unshipped, &c. at the option of the commissioners of customs in England. Evidence of Rule 4. The statement, allegation, or averment of the fact, that ihe said
commissioners had made such option, or exercised such discretion in the iners having made option,
formation for the recovery of either the penalty of 1001.: or treble the value of $2.
the goods, shall be deemed to be sufficient evidence to found or warrant a conviction on such ivformation without any further evidence of the fact than
that the comunissioners had made such option, or exercised such discretion. Officers may
Rule 5. It shall be lawful for any commissioned officer of the army, or
the militia while embodied, or for any commissioned officer of any other of sons, \ 3.
His Majesty's military forces while on service in the Isle of Man, or for any commissioned officer of the navy or marines, or for any officer of customs, to arrest and detain any person, being a subject of His Majesty, who shall be found on board any vessel or boat found to have been within any bay, harbour, river, or creek of the Isle of Man, or at anchor, or hovering within three leagues (a) of the shores thereof, having on board any spirits, tea, tobacco, coffee, or salt, liable to forfeiture by any act of parliament in force on the passing of this act, or who shall be found aiding in the unshipping any spirits, tea, tobacco, coffee, or sal:, within the limits of any of the ports of the said Isle of Man, without payment of the duties due thereon, or who shall be found carrying, conveying, or concealing, or assisting in the carrying away, conveying, or concealing any spirits, &c. which shall have been clandestinely imported or illegally landed in the said isle, or who shall be found aiding in loading or putting into any vessel or boat any spirits, &c. for the purpose of being exported from the said isle, and to convey him before the gorernor, deputy-governor, or a deemster there, who is required, upon proof on oath by a credible wiiness that such person was so found, or taken, or having been on board any such vessel or boat, or aiding in such unshipping, or loading, &c. unless any such person found on board of any such vessel or boat shall prove to the satisfaction of such governor, or deputy-governor, or deemster, that he was only a passenger on board such vessel or boat, to hold such person to bail, with two good and sufficient suretjes, in the sum of 1001. each, for the appearance of such person to answer to any information that may be brought against him in that behalf in the said isle, and to pay such penalty, and abide judgment for any such offence; and in default of any such person finding good and sufficient bail as aforesaid, or until the same be found, to commit such person to any gaol or prison, or house of correction, in
the said isle, to answer as aforesaid : provided, that if any person so found, &c. Entering as is capable and desirous of entering and serving as seaman or marine in any of a saman or His Majesty's ships of war, or being a seaman or seafaring man, is fit and able
to serve His Majesty, it shall be lawful for the officer of the
(a) See TITLE 5, Rule 84.
over to any officer employed in His Majesty's impress service; and such 50 Geo. 3. person being so entered and received, or impressed, shall not on any account C. 62. be discharged from His Majesty's service during the terın of five years, and from thence until the conclusion of any war in which His Majesty may be engaged at the period of the expiration of such five years, unless disabled within that time by unavoidable accident or bodily infirmity; and any officer of His Majesty's navy or marines, who shall presume knowingly and wilfully to discharge any person so entered and received, or impressed, contrary to this act, or shall by false muster or certificate, or in consideration of a gratuity of any kind, or by any other collusive or evasive ways or means whatsoever, suffer any such person to avoid the actual service hereby intended, every such officer shall, on conviction for any such offence, either by any court martial, or on any information filed by His Majesty's attorney general, be cashiered : provided that no person so taken, &c. and entering as a seaman, or being impressed, shall be liable to forfeit any such penalty of treble value, or 100l. as aforesaid, unless such person shall thereafter desert His Majesty's service, or quit the same without being duly discharged.
Rule 6. Every commissioned officer of the army, or the militia while How officers embodied, or any commissioned officer of any other of His Majesty's of the army, military forces while on service in the said Isle of Man, and
militia, navy, every commis
marines, &c. sioned officer of the navy or marines, shall have the like powers of seizure as
may seize, are vested in the officers of customis in the said Isle of Man; and all
$5. powers, authorities, exemptions, and exceptions, and all privileges and proiections in relation to any other things done, or that may be done, by any officer of customs, under any act of parliament for the protection of the revenue of customs, or the prevention of smuggling, in Great Britain or the said Isle of Man, shall extend to, and be in full force and put in execution in all cases, and for all purposes, and be used and exercised in the said Isle of Man by any such commissioned officer of the army, militia, or the military forces while on service there, or by any commissioned officer of the navy or marines, as fully as if the said powers, &c. were at large repeated and reenacted in this act; provided, that all vessels, boals, and goods seized by any such commissioned officers under the provisions of this act, shall forthwith be delivered to, or lodged in the custody of the proper officer of customs duly authorized to receive the same, who shall thereupon take an account thereof, and give a certificate that such goods have been so lodged in his custody.
Rule 7. If any person shall by force or violence assault, resist, oppose, Obstructing molest, obstruct, or hinder any commissioned officer of the army or militia officers, $ 3. while embodied, or any commissioned officer of His Majesty's military forces while on service in the said Isle of Man, or any commissioned officer of the navy or marines, or any officer of customs, or any person aiding in the due execution of the powers and authorities by this act given, such person being thereof convicted by due course of law, shall be adjudged a felon, and shall be transported for seven years, or sentenced to be imprisoned in any house of correction or any common gaol in the said Isle of Man, and be kept to bard labour for any time not exceeding three years, at the discretion of the court before whom the offender shall be tried and convicted as aforesaid ; or if any person shall maliciously shoot at, maim, or dangerously wound any such officer while acting in the due execution of his duty, under any of the powers, authorities, or provisions of this act, every person so offending, and every person aiding or abetting therein, shall, being thereof lawfully convicted, be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy. (a)
(a) See Title 25.
7 Geo, 3.
Rule 1. All vessels which have been or shall be built in the Isle of Man, c. 45. 16. and shall be owned by His Majesty's subjects in the said island, shall be Yessels to be deemed and pass as ships of the built of Great Britain, to all intents and British-built. purposes whatsoever, upon one or more of the owners thereof registering such
vessels, and making proof upon oath of the built and property thereof, before His Majesty's receiver general, or his deputy, in the Isle of Man, in the manner and form directed for registering ships, by 7 and 8 Will. 3. (a) which oath shall be attested by the officer who administered the same, and, being registered by him, shall be delivered to the master of such vessel, for security of her navigation ; and a duplicate thereof shall be transmitted, by the said receiver general, or his depuiy, to the port of London, to be there entered in the general register of all trading ships belonging to Great Britain.
54 Geo. S.
Commissionerg to make
TITLE LV.-Pilots. Rule 1. The said commissioners or the major part of them (of whom c. 143. § 4. His Majesty's receiver general in the Isle of Man, or his deputy for the time
being, shall always be one), in addition to the powers to make bye-laws dye-laws.
given them by the act of 11 Geo. 3. c. 52. (l) are hereby empowered to make such bye-laws, and regulations from time to time, and to annex such reasonable penalties as they in their discretion shall think fit, to regulate the piloting of vessels in the bays and into the harbours of the said island, and to prevent any person from acting as pilots there, who shall not have undergone a regular examination before such persons as the said commissioners shall judge most competent for the purpose, in order to insure the pilots being duly qualified to take charge of vessels' entrusted to their care for the purpose of being piloted in the bays and into the harbours of the said island; and the said commissioners, or the major part of them, are hereby further empowered to make such bye-laws, and regulations, with reasonable penalties annexed thereto,
as they shall think effectual for preventing the danger which arises to vessels Ligbts. navigating the coasts of the said island, from lime-kilns and other lights kept
up on the shores of the said island without sufficient screens or blinds being erected or made or kept thereto, so as to prevent the same being seen at sea, in such manner as to mislead the masters and pilots of vessels, so as such several bye-laws, orders, and regulations be made agreeable to the true intent and meaning of the said act and this act, and be for the better putting in execution and effecting the purposes thereof, and for the more safe and convenient navigation of the bays, harbours, and coasts of the said island.
JERSEY, GUERNSEY, ALDERNEY, AND SARK.
[So numerous are the laws which directly or indirectly affect these places, that it is almost impracticable to insert the whole under this title. Where they are blended with other laws, it has not in general been deemed necessary to repeat them here, but where they concern these islands exclusively, they are classed under the present title, and the others are pointed out in the General Index under the word “ Jersey."] Rule 1.
“Whereas the inhabitants of the islands of Jersey, Guernsey, “ Sark, and Alderney, have always been permitted and allowed to import “ into England, any goods of the growth, produce, or manufacture of those
(a) As to the registering of ships, see TITLE 3.
3 Geo, 1.
use of the
« respective isles, upon certificates from the respective governors, lieutenant 3 Geo. 1. " or deputy governors, or commanders in chief, and oaths before the magis- c. 4. “trates of the said islands of Jersey and Guernsey, respectively, that the
same were of the growth, produce, or manufacture of ihe said islands, or " either of them, without paying any customs, subsidies, or duties for or in “ respect thereof; and whereas some doubt hath of late arisen, whether, ac“ cording to some late laws now in force, the same may be still continued :
now for removing the said doubt, and encouraging the said inhabitants to " continue that steady and firm loyalty and fidelity to the crown of Great “ Britain, which they have formerly and constantly shown to the crown of " England, and for their better support," it is declared and enacted, that the said inhabitants shall and may (with and under such certificates and oaths as aforesaid) import into any lawful port of Great Britain, any goods of the growth, produce, and manufacture of the said islands, or either of them, without paying any customs, or duties, in respect thereof (except such excise or other duty as is now or shall hereafter be due and payable for the like goods of the growth, produce, and manufacture of Great Britain). (a)
Rule 2. Provided that nothing in this act shall exempt any goods of the Foreign growth, product, or manufacture of any foreign nation or country, which may goods, $ 7. lawfully be imported into the said islands, or such foreign goods as shall or may be in part or fully manufactured in the said islands by the people thereof, from payment of such customs or duties, on the importation of the same from any of the said islands into Great Britain, as are or shall be due and payable for goods of the like kinds imported into Great Britain from such foreign nation or country of which the said goods are of the growth, product, or manufacture.
Rule 3. It shall be lawful for any person, inhabiting the islands of Jersey 9 Geo. 3. or Guernsey, to ship and lade in the said islands, and to transport directly from c. 28. $ 1. thence to Newfoundland, or to any other of the British plantations in America, Articles for where the fishery is now or shall hereafter be carried on, on board any vessel
fishery. which may lawfully trade there, any sort of craft, food, victuals, clothing, or other goods, fit and necessary for the fishery in those parts, or for the use and support of the mariners or other persons employed on board the vessels, or on shore, in carrying on the said fishery there ; such craft, clothing, or other goods, being the growth, produce, or manufacture of Great Britain, or of the said islands of Jersey or Guernsey, and such food or victuals being of the growth or produce either of Great Britain, Ireland, or the said islands of Jersey or Guernsey.
Rule 4. The master of such vessel shall produce to the proper officer of Certificate of customs, in the plantation where he shall arrive, a certificate under the hand growth, &c. and seal of the governor, lieutenant or deputy governor, or commander in $ 2. chief, that oath had been made by the shipper of such goods before the magistrates of the royal courts in Jersey or Guernsey respectively, that the goods and victuals so shipped on board such vessel are of such growth, product, or manufacture, which certificate shall also be attested by the principal officer of customs in the said island, respectively, who shall certify, ihat the said oath was taken in his presence ; and on failure of producing such certificate as hereinbefore directed, such craft, food, victuals, clothing, or other goods, found on board any vessel, and the vessel importing the same, shall be liable to be seized and forfeited, in the same manner as they would have been subject to if this act had not been made.
Rule 5. No foreign brandy, rum, geneva, or other spirits, shall be im- 45 Geo. 3. ported into or exported from the islands of Guernsey, Jersey, Alderney, or c. 121. $ 3. Sark, (b) or removed from any one to any other of the said islands, or coast- Spirits, to
bacco, snuft, (a) By 5 Geo. 1. c. 18. § 11. all salt imported from any of the said islands shall be liable to the same duties upon the importation thereof as any other foreign salt whatsoever.
(1) By 48 Geo. 3. C. 84. § 12. so much of the above act as is applicable to the islands of Guernsey, Jersey, and Alderney, is to extend to the Isle of Man.
45 Geo. 3. c. 121.
wise from any one part to any other part of either of the said islands, or shall be shipped in order to be so removed, or shall be water-borne for the purpose of being so shipped in any vessel or boat, of less burthen than 100 tons, nor in any package of less size or content than 60 gallons; nor any tobacco or snuff in any vessel or boat, of less burihen than 100 tons, nor in any package containing less than 450 lb. (except any such spirits or loose tobacco as shall be for the use of the seamen, not exceeding iwo gallons of the former, and 5 lb. of the latter for each seaman, and also except such manufactured tobacco or snuff as shall have been duly exported as merchandize from Great Britain or Ireland; nor shall any wine be imported into or exported from the said islands of Guernsey, Jersey, Alderney, or Sark, or carried from any one of the said islands to any other ihereof, or coastwise from any one part to any other part of either of the said islands, or be shipped, or water-borne for the purpose of being shipped, in any vessel or boat of less burthen than 60 tons, or in any package of less content than a reputed hogshead, on pain of forfeiture of all such foreign spirits, tobacco, souff, or wine, and also every such vessel, with her tackle, &c. which shall and may be seized by any officer of His
Majesty's army, navy, or marines, or of custons or excise. (a) Licensed Å'ulé 6. Provided, that nothing herein contained shall extend to subject to forboats with feiture or seizure under this act, any boat not exceeding the burthen of 10 tons, articles for
for having on board at any one time any foreign spirits of the quantity of 10 supply of Sark, 4.
gallons or under, in packages of less size or content than 60 gallons, or any tobacco, snuff, or tea, not exceeding 50 lb. of each, for the supply of the said island of Sark, such boat having a licence from the proper officer of customs at either of the islands of Guernsey and Jersey, for the purpose of being employed in carrying commodities for the supply of the said island of Sark, which licence such officer of customs is hereby required to grant without taking any fee or reward for the same : provided, that every such boat having on board at any one time any greater quantity of spirits than 10 gallons, or any greater quantity of tobacco or snuft than 50 lb. of each of the said articles, unless such greater quantity of spirits, tobacco, or snuff, shall be in packages of the size, content, or weight hereinbefore required, or having on board at any one time any greater quantity of tea than 50 lb. shall be forfeited, and shall and may be seized by any officer of His Majesty's army, navy, or marines, or of cus
toms or excise. (a) Wine in bot. Rule 7. Provided also, that nothing herein contained shall extend to pretles, b. vent the imporiation into or exportation from the said islands of Guernsey,
Jersey, Alderney, or Sark, of any wine in boules, shipped in cases or casks only, each containing at least six dozen reputed quart bottles : provided, that before any such wine in wottles shall be shipped for exportation to or for Great Britain or Ireland, the master of the vessel or boat, in or on board of which such wine shall be so intended ic be exported, together with one other sufficient surety, shall give bond (l) in the penalıy of 40s. per gallon, that the wine so shipped shall (the danger of the seas and enemies excepted) be duly entered and landed at the place in Great Britain or Ireland to or for which the same shall be declared ai the time of giving such bond; and such officer is hereby required to furnish the master of the vessel or boat, in which any such wine may be, with a certificate, specifying the number of such packages as aforesaid, and the quantity of wine contained in each, the date of the bond, and the name of the place to or for which the same shall be so declared ; and such bond su given shall not be delivered up or cancelled until a certificate, under the hand of the proper officer of customs in Great Britain or Ireland, of the due landing of the wine mentioned therein, shall be produced to and left with the officer taking the said bond within three inonths after the date of such bond.
(a) As to militia and volunteers, see TITLE 5, Rule 83; and as to half-pay officers, see TITLE 5, Rule 100.
(1) See Rule 10 of this title,