« ForrigeFortsett »
52 Geo. 3. c, 98.
by the consul or two known British merchants of good credit at the place where such articles were landed, certifying the landing thereof, with the number of packages of such arricies so landed, and the mark, number, and contents of each package, together with the name of the ship and master, and that he or they verily believe that no other goods than sugar, coffee, or cocoa
have been there landed out of such vessel. Shipping fo. Rule 8. In case any vessel licensed by virtue of this act shall take on board reigo planta. in any of the said sugar plantations, or in her voyage from thence, any sugar, &c. $ 3.
coffee, or cocoa being the produce of any foreign colony or plantation, all such sugar, &c. shall be forfeited, together with double the value thereof, and the master and shipper thereof shall severally forfeit double the value of the goods
so laden contrary to the direction of this act. Entry, $ 4. Rule 9. Before any sugar, coffee, or cocoa shall be laden on board any
vessel in the said plantations, or any of them, by virtue of a licence to be granted under the authority of this act, to be carried to any port in Europe to ihe southward of Cape Finisterre, the person intending to export any sugar, coffee, or cocoa in such vessel shall, before the same or any part thereof is put on board, make an entry of such articles, in writing, with the collector and controller of customs, expressing the name of the ship and the master on board which such articles are to be laden, and where she lies, and also the place, quay, or wharf where the same is to be laden, or first waterborne in order to be laden, which shall be within such port only where a custom house is established, and where an officer is or shall be appointed to attend the lading and shipping thereof, or at such place as shall be mentioned in a suflerance or warrant to be taken out from the collector and controller for that purpose, and shall thereon take out from the said collector and controller a cocket or warrant accordingly, whereon shall be indorsed by the exporter the marks, numbers, and contents, sorts or proper denomination of such sugar, coffee,
and cocoa, and shall deliver the cocket or warrant so indorsed to the searcher Examination or other officer appointed for the examining and shipping thereof, and shall of goods.
ship or lade such articles in the presence of such officer, or at such place as shall be mentioned in the said suflerance or warrant, that the proper officers may attend the shipping thereof, and such officers are hereby empowered to examine the same before they are put on board ; and if upon
amining the said sugar, coffee, and cocoa, which shall be shipped or brought corresponding to be shipped by virtue of such cocket or warrant either lefore or after the
shipping thereof, the number of casks or packages shall be greater than is indorsed thereon, or if there shall be found any other sugar, coffee, and cocoa but such as shall be so indorsed on such cocket or warrant taken out and delivered as aforesaid, or any other goods than sugar, coffee, and cocoa shall be discovered to have been laden or put on board any vessel having liberty to trade to parts to the south ward of Cape Finisterre by virtue of this act, or shall be brought to be shipped on board such vessel, or shall be put into any hoy, or other vessel, in order to be put on board such vessel before such entry or taking out such cocket or warrant, indorsing and delivering of the same, and not being shipped in the manner aforesaid, but shall be put on board or attempted 10 be pui on board contrary to this act, all such articles and other goods so shipped or brought to be shipped in any of the cases aforesaid, shall be forfeited, as also the hoy, or other vessel or carriage whatever, employed in shipping or attempting to ship any goods other than sugar, coffee, and cocoa, together with the vessel on which such other goods shall be laden ; and the owner of such articles or other goods shall forfeit double the value thereof; and before such ressel
shall depart from the said colonies with the articles laden as aforesaid, the Master to re- master thereof shall receive the said licence from the collector or controller, ceive licence, with a certificate indorsed thereon or affixed ihereto, under their hands and and copies to seals of office, who are to make two copies of such licence, indorsements, or
certificates, for all which entries, cockets, indorsements, and certificates, or
copies, no more shall be taken by the said officers than the legal and accusCopies to be tomed fees; and the master of such ship shall, before he receives the said attested, &c. licence, attest the said copies under his hand, which are to be left with the
collector and controller, who are hereby required, as soon as conveniently they 52 Geo. 3. can, to transmit one of the said copies of the indorsements or certificates to the c. 98. commissioners of customs in England, and record in a book to be kept for that purpose the notice in writing of the owner or owners of the vessel, the affidavit of the shipper, the licence granted for the exportation of the sugar, coffee, or cocoa, together with the clearance; but in case any goods besides sugar, coffee, and cocoa, shall be found on board or carried by any such vessel Other goods to any foreign parts other than such as are limited by this acı, then the liberty granted by such licence shall cease and become void and of none effect, and such vessel, and also the master of her, and all others concerned, shall be subject to all the same penalties and forfeitures as they would have been subject to in case this act had not been made.
Upon such licence being returned to the collector and controller Bond to be of customs of the port where the sugar, coffee, and cocoa were shipped, and an delivered up,
95. account of the lading being indorsed thereon or annexed thereto, and also upon such certificate of the consul, or two known British merchants of good credit, being produced as aforesaid, and the several other things required by this act being duly complied with within two years from the date of such licence, the bond given before granting such licence shall be discharged and delivered up, otherwise such bond shall be forfeited, and shall and may be prosecuted in the manner directed by this act.
Upon the master or owners of such vessel conforming in every corn, ø 6. respect to the conditions of the said licence and bond, and obtaining a certificate from the consul, or twoknown British merchants as aforesaid, at the port where the sugar, coffee, and cocoa may have been landed, it shall be lawful for such vessel to load in the port of delivery, or at any place on the coast of Africa to the northward of the latitude of 30 degrees north, any sort of corn or grain the produce of Europe or Africa for exportation, direct to the said plantations, and there land the same.
any person shall grant a false certificate, or counterfeit, erase, False certifior alter any licence, oath, or certificate which shall be made or given pursuant cates, &c. to this act, or shall knowingly or wittingly publish or make use thereof, such $. person shall forfeit 5001.; and such licence, &c. shall be of no effect.
TITLE LXXIV.-GIBRALTAR AND MALTA.
It shall be lawful for any person whatever to import into 27 Geo. 3. Great Britain from Gibraltar, in any vessel which before the 1st May,
c. 19. $11. 1786, did truly without fraud wholly belong to his Majesty's dominions, goods may be or is of the built of His Majesty's dominions, navigated and registered imported into according to law, any goods being the growth or production of the Great Britain, dominions of the Emperor of Morocco, and which shall have been imported into Gibraltar directly from any part of the said dominions not lying or being to the southward of the port of Mogadore, in vessels belonging to or of the built of His Majesty's dominions, navigated and registered according to law, or in vessels belonging to the subjects of the said Emperor of Morocco, upon payment of the same duties, and none other, as such goods are or shall be liable to upon being imported into Great Britain directly from Africa. Rule 2.
In every such case, such goods so imported shall be ac- Certificate, companied with a certificate under the hand of the governor, or lieu- $ 12. tenant-governor, or commander in chief of Gibraltar (or of any person authorized by them or either of them to grant such certificate), setting forth that such goods were brought into Gibraltar in such vessel as above described. “Whereas, by the laws in force, no commodity of the 46 Gen. 3.
46 Geo. 3. e. 116.
“ growth, production, or manufacture of Europe, is allowed to be “ imported into any place to His Majesty belonging, or which shall “ hereafter belong unto or be in the possession of His Majesty, in “ Asia, Africa, or America, but what shall be bona file and without “ fraud laden and shipped in Great Britain or Ireland, except salt for “ the fisheries of Nova Scotia, Newfoundland, and Quebec, which
may be laden in any part of Europe, and also except any goods fit “ and necessary for the fishery in the British colonies or plantations in “ America, being the growth, produce, or manufacture of Great “ Britain or Ireland, or of the islands of Guernsey or Jersey, which “ may be shipped and laden in the said islands respectively by any of “ the inhabitants thereof, and also except wines of the growth of the “ Madeiras, and the Western Islands or Azores, which may be laden “ at those places respectively: and whereas it may tend to the benefit “ of the British fisheries, and to the advantage of the commerce and “ navigation of this country, if permission was given for certain other “ articles to be shipped for the British colonies in North America, at
“ other places in Europe than those hereinbefore mentioned, under Certain arti. “ certain regulations and restrictions ;” it is therefore enacted, that cles may be any fruit, wine, oil, salt, or cork, the produce of Europe, may be exported to the planta
shipped and laden at Malta (a) or Gibraltar for exportation direct to tions. the said plantations in North America, on board any British built
vessel, owned, navigated, and registered according to law, which shall arrive with the produce of the said fisheries, taken and cured by His Majesty's subjects carrying on the said fishery, from any of the said
plantations, or from Great Britain or Ireland. Duties, $ 2. Rule 4. Upon the importation of the said goods into any of the
said plantations in North America, the same shall be subject to the payment of such duties as the like description of goods are now subject to upon being legally imported into the said plantations : provided always, that nothing herein contained shall permit the exportation from any of the said plantations, of any goods (not being the produce
of the fisheries) contrary to any act of parliament relating to the trade Regulations between Great Britain and such British plantations ; and provided also,
that before any goods shall be allowed to be shipped or laden on board any
vessel at Gibraltar or Malta aforesaid, in pursuance of this act, the master thereof shall make oath before the governor, lieutenantgovernor, or commander in chief, that the whole cargo of such vessel is entirely the produce of the British fisheries in North America, and was really and bona fide taken and cured by His Majesty's subjects carrying on the said fishery from any of the said plantations, or from Great Britain or Ireland.
Rule 5. “ Whereas it is expedient, during such time as the island e. S4. \ I. “ of Malta shall remain under the British government, to permit the
registry in the said island of ships and vessels which are condemned “ there as lawful prize, and to extend to ships and vessels so regis
“ tered the same privileges and advantages as are granted to prize Registry of “ ships and vessels registered in Great Britain ;” it is therefore prize vessels enacted, that it shall be lawful for the governor, lieutenant-governor,
or commander in chief, or the commissioners exercising the civil power in the said island, and he and they is and are hereby authorized and required, on application being made to them or either of them for that
49 Geo. 3.
(a) See Rules 10-92 of this title,
purpose, to make registry of any such vessel, and to grant a certificate 49 Geo. 3. of such registry, in the same manner, and under the same regulations, C. 84. as the governor, lieutenant-governor, or commander in chief, residing in any plantation, island, or territory, belonging to His Majesty in Asia, Africa, or America, are by 26 Geo. 3. C. 60. (a) authorized to make registry of the vessels therein mentioned, and to grant certificate of such registry
Rule 6. All the powers and authorities in relation to any acts, mat- Powers of ters, or things, that may be done by the governor, lieutenant-governor, governors, or commander in chief, in any such plantation, &c. in pursuance of the $2. said act, shall and may be done and put in execution, and shall extend to the governor, lieutenant-governor, and commander in chief, and the commissioner exercising the civil power in the said island of Malta ; and every pain, penalty, fine, or forfeiture, for any offence whatever Regulations committed against or in breach of the said acts, and every other thing, of registry. therein contained, as to the registry of vessels, shall, so far as the same are applicable, extend to vessels registered under this act, in as ample a manner, as if the said powers, &c. were repeated and re-enacted in this act, and were made part thereof. Rule 7.
Any such vessel so condemned as lawful prize, and re• Prize vessels, gistered as aforesaid, being owned and navigated according to law, $ 3. shall be entitled to the privileges and advantages of a prize vessel, in like manner as if condemned and registered in Great Britain.
Any such vessel so condemned as lawful prize, and re- How vessels gistered as aforesaid, being owned wholly or in part by any person not mas trade, being British-born subjects, but being natives of and residents in the to said island, and being navigated by a master and three fourths of the mariners either British subjects or natives of the said island, shall, during the time that the said island shall remain under the British government, and for the space of 12 calendar months after and no longer, be entitled to the privileges and advantages of a prize vessel, in like manner as if condemned and registered in Great Britain, so far as respects the direct trade between the said islands of Great Britain and to and from the said island and any place within the Streights, and in no other trade whatsoever : provided, that in every certificate of By whom registry which shall be granted by virtue of this act, an insertion shall owned. be made in the front thereof, stating whether the vessel so registered is owned wholly or in part by persons who are natives of and resident in the said island of Malta, or otherwise.
The proper officers by whom certificates of registry shall copies of cerhave been granted by virtue of this act shall forthwith, or within one tikcates, $ 5. month at the furthest, transmit to the commissioners of customs in London a true and exact copy of every certificate of registry, with the number thereof, which shall have been so granted.
Rule 10. It shall be lawful for any of His Majesty's subjects to ship, 55 Geo. 3. in any of His Majesty's sugar plantations in America, any of the articles c. 29. 3 1. enumerated in Schedule A. annexed, being of the growth and produce of any such plantation, or any such articles as may now or may hereafter be by law imported into the said colonies, and to export the same direct to the island of Malta (6) or the dependencies thereof, in West Indies
(a) See TITLE 3. (6) By 57 Geo. 3. c. 4. the trade between Gibraltar and His Majesty's plantations in America, and also between Gibraltar and the United Kingdom, shall and may be carried on in like manner and under the like regulations, and subject to
55 Geo. 3. c. 29.
British-built ships, 2.
such vessels, and under such regulations as are hereinafter particularly mentioned.
Rule 11. No articles, so allowed to be laden and exported from His Majesty's sugar plantations aforesaid, shall be shipped or laden in any of the said plantations, for the purpose of being carried to the said island of Malta or the dependencies thereof, except in British-built ships, owned, navigated, and registered according to law; nor unless a licence shall have been first taken out for that purpose, under the hands and seals
of the collector and controller of customs at the port at which any of Notice. the said articles are intended to be shipped or laden, and which notice
must be first given in writing, by the master of such vessel, or the person intending to ship any of the said articles, to the collector and controller of such port, of such intention, and such vessel shall, when laden, proceed direct to the island of Malta or the dependencies
thereof; and the owner or proprietor, or the person intending to ship Oath and any of the articles aforesaid, shall then make oath before the collector bonds.
and controller of the said port, that it is his full intention and resolution to load such vessel with articles enumerated in the said schedule for exportation, direct to the island of Malta or the dependencies thereof, and to no other place whatever: and the master of the vessel, together with the owner or proprietor, or person intending to ship the said articles, shall thereupon enter into bond, to the use of His Majesty, in treble the value of such goods, with condition that in case a licence shall be granted giving liberty to such vessel to lade and carry the said articles from any of His Majesty's sugar plantations in America to the said island of Malta or its dependencies, that such
vessel shall proceed direct to the said island or its dependencies, and Goods not in that no goods whatever, except such as shall be included in the licence.
licence before-mentioned, and except such as may now by law be ex
ported from the said plantations to Malta, shall be taken on board Delivery of such vessel; and also, that before the expiration of two years from
the date of such licence, the same shall be given up to the collector
and controller of customs at the port where the said articles were Certificate of shipped and laden, together with a certificate signed and sealed by
the governor or deputy governor of the said island, or by the principal officer of customs there, certifying the landing of the said articles, together with the contents, weight, or quantity, and the marks and number of the casks or other packages of such articles so landed, together with the name of the ship and master thereof from which
such goods were so landed. Other articles, Rule 12. In case any vessel, licensed by virtue of this act, shall
take on board, in any of the said sugar plantations, or on her voyage from thence, any other articles than such as are allowed to be taken on board and exported by virtue of this act, all such articles so taken or laden on board such' vessel shall be forfeited, and the master and shipper of any such goods shall severally forfeit double the value of
the goods so laden or taken on board contrary to this act. Entry, \ 4. Rule 13. Before any of the articles enumerated in Schedule A.
shall be laden on board any vessel in the said plantations, or any of them, by virtue of a licence to be granted under the authority of this
the like penalties and forfeitures, as are provided by the above act with respect to Malta and His Majesty's plantations in America, and also between Malta and the United Kingdom.