53 Geo. 3. c. 155. Proviso, 4. What a due notice, § 5. In what vessels, and to and from what places, persons may trade, 6. Goods not of &c. of the country, 7. forth, and not before, the said term hereby granted to the said company, and all right, title, and interest of the said company to or in any exclusive trade continued to the said company under the provisions of this act, shall cease. Rule 10. Nothing in the said proviso last hereinbefore contained, or in any proviso in 9 Will. 3. or in the said charter of the 5th day of September in the 10th year of his reign, or in any other act or charter contained, shall extend to determine the corporation of the said company, or to hinder, prevent, or preclude the said company, or their successors, from carrying on at all times after such determination of their exclusive trade as aforesaid, a free trade in, to, and from the East Indies, and limits in the said last-mentioned act or charter contained, with all or any part of their joint stock in trade, goods, estates, and effects, in common with other the subjects of His Majesty trading to, in, and from the said parts or limits. Rule 11. Any notice in writing, signified by the speaker of the house of commons for the time being, by order of the said house, shall be deemed and adjudged a due and proper notice by parliament, to and for all the ends, intents, and purposes for which any notice is by this act directed to be given to the said company. Rule 12. From 10th April, 1814, it shall be lawful for any of His Majesty's subjects, in common with the said company, to export in ships navigated according to law, from any port within the United Kingdom of Great Britain and Ireland, to all places within the limits hereinbefore referred to, except the dominions of the Emperor of China, any goods which can now, or may at any time hereafter, be legally exported; and also, in common with the said company, to import in ships navigated as aforesaid, from any port within the limits aforesaid, except as aforesaid, into the said United Kingdom, any goods, the product or manufacture of any of the countries within the said limits, which can now, or may at any time or times hereafter, be legally imported; subject nevertheless to the several restrictions, conditions, and limitations in this act contained. (a) Rule 13. It shall be lawful for His Majesty's subjects, in ships the growth, navigated according to law, to import, under the authority of this act, into the United Kingdom, from all places within the limits of the said company's charter, except the dominions of the Emperor of China, any goods, the product or manufacture of any country within the limits of the said company's charter, except tea, although such goods may not be of the growth, production, or manufacture of the place or country from which the same shall have been shipped or brought, or have been shipped or brought from the port where such goods can only be, or are, or usually have been first shipped for transportation, nor the usual place for lading the same. From what ports in the United Kingdom vessels may be Rule 14. It shall not be lawful for any private person to export any goods to any place within the limits of the said company's charter, except in some ship to be cleared out from some port of the United Kingdom of Great Britain and Ireland, or to import any goods (a) As to the importation of Persian goods by the Russia Company, see TITLE 62, Rules 1-4. As to Gibralta and Malta, see TITLE 74, Rules 23—35. cleared out, ported, 10. [TITLE LXXXVI. from any place within the limits aforesaid, except only into such ports 53 Geo. 3. of the said United Kingdom as shall be provided with warehouses, c. 155. together with wet docks or basons, or such other securities as shall, and into what in the judgment of the lords commissioners of the treasury in Great places goods Britain and Ireland respectively, be fit for the deposit and safe cus- may be imtody of all such goods, as well as for the collection of all duties payable thereon, and shall have been duly declared so to be by the order of His Majesty in council in Great Britain, (a) or by the order of the lord-lieutenant in council in Ireland: provided always, that copies of such orders in council, to be issued as aforesaid, shall have been published three times at least in the London or Dublin Gazette, as the case may be; and copies of all such orders shall be laid before both houses of parliament in the session next after the issuing of the same respectively. (b) Rule 15. No company, or particular person or persons, who shall 9 & 10 have a right, in pursuance of this act, to trade to the East Indies, or Will. 3. other the parts within the limits aforesaid, shall be allowed to trade thither, until sufficient security (c) be first given to the customs that (a) By orders in council, of the following dates, the ports undermentioned have been accordingly declared fit for such purposes, viz. LIVERPOOL..... HULL. GREENOCK, and PORT GLASGOW BRISTOL... 16th December, 1814. 9th March, 1815. (b) By 26 Geo. 3. c. 40. § 24. no goods whatever of the growth, production, or manufacture of the countries beyond the Cape of Good Hope, shall in any manner, or upon any pretence whatever, be brought either by land or by water, from any place whatever, into the cities of London and Westminster, and the liberties thereof, or the borough of Southwark, and the several suburbs thereof, or into the parishes of St. Mary-le-bone and St. Pancras, in the county of Middlesex, without a certificate, as directed by 9 Geo. 3.* or without a certificate from the proper officer of customs in the port of London, certifying that the duties have been duly paid for the same at the importation thereof, or that the same have been before compounded for or condemned; which shall be verified by the oath of the proprietor of such goods, referring to the time when such goods were entered, compounded for, or condemned, under the penalty of the forfeiture of all such goods, which shall be conveyed into, or which shall be found carrying to, the said cities and places, or any of them, with intent to bring such goods into some or one of the cities or places aforesaid without such certificate as before directed, together with the boats, carts, horses, cattle, and carriages, made use of in the removal of the same, and the furniture belonging thereto. By 26. nothing in this act shall extend to forfeit any of the aforesaid commodities, which shall be removed, or found removing, as before-mentioned, if it shall appear, to the satisfaction of the commissioners of customs, that such goods were brought in a lawful and open way of trade, or are the property of private persons, and have been used as their domestic furniture. (c) By 6 Ann. c. 3. the security to be hereafter given in pursuance of the above act, shall be after the rate of 2500l. for every 100 tons the vessels shall be respectively let for, that shall be sent to the said East Indies or other parts within the limits in the said act mentioned, and so proportionably for any lesser part than 100 tons; and the English company trading to the East Indies shall for each vessel * By 9 Geo. 3. c. 41. § 1. the goods are to be accompanied by a certificate, similar to the one above-mentioned, froin the proper officer of customs at the place where the goods were imported, &c. [The reader will observe that the acts of 9 Geo. 3. and 26 Geo. 3. were enacted a consider ble time before the trade to the East Indies was thrown open to private individuals; and it therefore becomes a question, how far the regulations of such acts remain in force by the above act of 53 Geo. 3. c. 155.] c. 44. 69. Security. 9 & 10 Will. 3. c. 44. 53 Geo. 3. Ships in pri such company, or particular persons, shall cause all the goods which shall at any time hereafter during the continuance of this act, be laden by or for them, or for their accounts, in any ships whatsoever, bound from the said East Indies, or parts within the limits aforesaid, shall be brought (without breaking bulk) to some port of England, and there be unladen and put on land (the danger of the seas, enemies, pirates, constraints of princes and rulers, and barratry of seamen, excepted); and in case there be any difficulty or dispute in the acceptance of any such security, such difficulty and dispute shall and may be determined by the lord chief baron, and other the barons of the coif of the exchequer, or any of them, according to his or their best judgment and discretion, and that all goods belonging to the East India Company, or any other traders to the East Indies, and which shall be imported into England as aforesaid, pursuant to this act, shall by them respectively be sold openly and publicly by inch of candle (a) upon their respective accounts, and not otherwise, upon pain that the same, or the value thereof, shall be forfeited. Rule 16. No vessel engaged in private trade under the authority 0.155.1 of this act shall proceed to any place within the limits of the said vate trade not company's charter situate on the continent of Asia, from the river to go within Indus to the said town of Malacca inclusive, or in any island under which shall be sent out from Great Britain, and employed by them, or for their ac count, give security, as aforesaid, by their common seal; the condition whereof shall be in the form following, viz. "Whereas in pursuance of an act of parliament made in the 9th year of His late "Majesty's reign, intituled, An Act for raising a Sum not exceeding 2,000,000! 666 upon a Fund for Payment of Annuities after the Rate of 81. per cent. per an 666 num, and for settling the Trade to the East Indies,' the ship "whereof captain And besides the respective securities to be given by this or the said former act against breaking bulk, all the goods which shall be loaden in the East Indies, or other the parts within the limits mentioned in the said act, upon any vessel belonging to any of Her Majesty's subjects, with intent to be transported from the said East Indies, or other the parts within the limits aforesaid, the same shall be brought to some port of Great Britain, and there shall be unladen and put on shore (necessary provisions, stores, and merchandizes for the people and garrison of St. Helena, for their own proper consumption only, excepted), and except also where the breaking of bulk or landing of goods in breach of this or the said former act shall happen to be by the danger of the seas, enemies, pirates, restraint of princes or rulers, or barratry of seamen, on pain of forfeiting all such goods which, contrary to this act, shall be landed elsewhere than in some port of Great Britain, or the value thereof. (n) By 53 Geo. 3. c. 155. § 22, so much of 9 Will. 3. as requires that goods of private trade should be sold by inch of candle, is repealed. certain limits, without a li For certain granted. the government of the said company lying to the north of the equator, 53 Geo. 3. or to the said company's factory of Bencoolen or its dependencies, c. 155. without a licence (a) to be granted for that purpose from the court of directors of the said company; and no such vessel, unless specially cence from authorized as hereinafter mentioned, shall proceed to any place within the directors. the limits last-mentioned, except to some or one of the principal set- places a tlements of Fort William, Fort St. George, Bombay, and Prince of special liWales's Island: and when any application shall be made to the said cence to be court of directors for a licence on behalf of any such vessel about to Applications proceed from the said United Kingdom to any of the said company's for licences. principal settlements, the said company shall forthwith issue their licence for that purpose, according to such form as shall hereafter be settled by the said court of directors, with the approbation of the board of commissioners for the affairs of India: and when any application shall be made to the said court of directors for a licence specially authorizing any such vessel to proceed to any place upon the continent of Asia, from the river Indus to the said town of Malacca inclusive, or in any island under the government of the said company lying to the north of the equator, except the said company's principal settlements, or to the said company's factory of Bencoolen or its dependencies, the said court of directors shall, within 14 days When lifrom the receipt thereof, unless they shall think fit to comply there- cences to be with, transmit the same to the said board of commissioners for the affairs of India, together with any representation which the said court may think proper to make upon the subject of such application; and in case the said board of commissioners shall think fit to direct the said court of directors to issue any such licence, the said court of directors shall forthwith issue the same, upon such terms and conditions as the said court of directors, with the approbation of the said board of commissioners, shall from time to time think fit; provided, that in all cases in which the said board of commissioners shall direct the said court of directors to issue any such licence, which they shall have declined to issue without such direction, the special circumstances inducing them to give such direction shall be recorded in the books of the said board. granted. to go within the board of Rule 17. No vessel engaged in private trade under the authority ships in priof this act, clearing out from any port within the United Kingdom, vate trade not shall proceed to any place situate more to the northward than 11 de- certain limits grees of south latitude, and between the 64th and 150th degrees of without a lieast longitude from London (except places upon the continent of cence from Asia, from the river Indus to the said town of Malacca inclusive, or control, 12. in any island under the government of the said company lying to the north of the equator, and also except the said company's factory at Bencoolen and its dependencies), without a licence from the said board of commissioners for the affairs of India; and the said commissioners shall, from time to time, frame and publish such rules for the granting Regulations of licences in that behalf as they shall think fit; and in all cases in for granting which any licence shall be granted by the said board of commissioners, otherwise than according to such rules, the special circumstances under which such licence shall have been granted shall be (a) As to Malta and Gibraltar, see TITLE 74, Rule 26. licences. 53 Geo. 3. recorded in the books of the said board, and communicated to the court of directors. (a) c. 155. Further provisions respecting pri $20. Rule 18. Nothing herein shall extend to prevent the making, during the further term hereby granted to the said company, such further provisions by authority of parliament as may from time to time be deemed necessary, for enabling His Majesty's subjects to carry on trade and traffic directly or circuitously (b) as well between all places (a) As to the counterfeiting of licences, see Rule 33 of this title. (b) By 54 Geo, 3. c. 34. § 1. it shall be lawful for the East India Company, and also for any other of His Majesty's subjects, to trade (in ships navigated according to law, and proceeding upon any voyage from the United Kingdom to any places within the limits of the charter of the said company) to and at any intermediate places or countries between the said United Kingdom and the limits of the charter of the said company, situate in North and South America (except any of His Majesty's plantations in America), and to and at the island of Madeira, the Canaries, and Cape de Verde Islands, the island of St. Helena,* and the Cape of Good Hope; and for that purpose to discharge the whole or any part of the cargo of any such vessel at any such intermediate places or countries: and in the prosecution of any such circuitous voyage, to take on board any other goods, which can be legally carried from any of such intermediate countries or places to any places within the limits of the charter of the said company; and in like manner to trade, in any such vessel, in any voyage from any places within the limits of the said company's charter as aforesaid, to the United Kingdom, to and at any intermediate places or countries between such limits and the said United Kingdom, situate in North or South America (except the plantations of His Majesty in America), and at the Cape of Good Hope, or the island of St. Helena; * and it also shall be lawful for His Majesty's subjects to carry on trade and traffic in ships navigated according to law, directly and circuitously, between all places within the limits of the said company's charter, except the dominions of the Emperor of China: provided always, that nothing herein shall extend to authorize any of His Majesty's subjects, other than the said company, or persons properly licensed by them, to export or import from or to any such countries and places, within or without such limits, or to import into the United Kingdom any tea, or in any manner to trade or traffic in tea between any such places. By 2. nothing in this act shall extend to repeal or alter, or in any manner to affect the regulations in the above act, as to the size of vessels allowed to clear out from or enter in at any port of the United Kingdom; or as to any licences, certificates, or lists required by the said act, in the cases therein specified; or any of the restrictions or provisions in the said act or in any other act, as to the resort to, and residence of, any persons in the East Indies: provided also, that all trade with all places upon the continent of Asia, from the river Indus to the town of Malacca inclusive, or any island under the government of the said company, lying to the north of the equator, or the said company's factory at Bencoolen and its dependencies, shall remain subject to all such regulations as shall from time to time be in force in relation to trade at any such places, under the authority of any of the governments of the said company at their several presidencies in India. By 3. His Majesty's settlement at the Cape of Good Hope shall, as to all trade allowed by this act to be carried on between places within the limits of the charter of the said company, be deemed to be within such limits: but nothing herein, as to the said settlement being deemed as to such trade to be within such limits, shall extend to prevent, or in any manner to limit or affect, any other trade which now may or which may hereafter be allowed to be carried on between the said settlement and any other countries or places whatever. Rules and Regulations for granting Licences by the Commissioners for the Affairs of Licences will be granted by this board for any vessel, navigated according to law, to proceed under the provisions of the above acts, and also of 57 Geo. 3. c. 36. As to St. Helena, see TItle 82. As to Gibraltar and Malta, see TITLE 74, Rules 23—35, |