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lowed.

Rule 45. During such time as the said company shall have such 33 Geo. 3. whole and sole trade as aforesaid, if any person who shall have been c. 52. $ 184. dismissed from, or shall have voluntarily resigned the service of the within limits said company, or any free merchant, free mariner, or other person after time alwhose covenants or agreements with the said company shall be expired or have ceased, or whose licence to go to, or traffic, trade, or reside within the East Indies or parts aforesaid, shall have ceased, shall be or be found in the East Indies or parts and limits aforesaid, after the expiration of such time as shall be allowed by the respective governments or presidencies in India, wherein such person shall be or be found, every such person shall be deemed to have unlawfully traded in the said parts and limits contrary to this act, and shall be subject to all the penalties, forfeitures, and provisions of this act, against persons unlawfully going to, or trafficing, trading, or adventuring, or found in any place within the said parts and limits accordingly.

shipped to

ward, 185.

Rule 46. As well all the goods, treasure, and effects, which shall Goods, &c. at any time before such determination of the said company's whole illegally and sole trade as aforesaid, be shipped on board any vessel bound India, or from Great Britain to the East Indies or the parts aforesaid, (except taken out of the goods, treasure, and effects of the said company, or of other ship homepersons lawfully shipping the same, under the limitations and provisions of this act, and except the naval stores, provisions, and necessaries for such ship to perform their voyage,) as also all the goods, merchandize, treasure, and effects which shall from the time aforesaid be taken out of any such vessel in her voyage homeward from the East Indies or parts aforesaid to England, before her arrival there, the same shall be forfeited, together with double the value thereof, and may be seized; and the master or other officer of such vessel, knowingly permitting any such goods, treasure, or effects to be put on board any such ship so bound to the East Indies, or to be taken out of any such ship bound from the East Indies or parts aforesaid to England, shall forfeit for every such offence, 1000l. and moreover shall not be entitled to have, demand, or receive any wages whatsoever, nor shall the said company be obliged or compelled, or compellable, to pay any wages to or to the use or upon the account of the said master or officer, for the voyage so made or to be made by such master or officer; (a) but if such ship shall have been taken up by the said company by charter party or hire, then the said company shall have an allowance or deduction, in respect of the said wages, to the full amount thereof, out of the money payable by them to the owner of the ship to which such master or officer shall belong, for the hire or freight thereof; and every such master or officer who shall be convicted of such offence shall be rendered incapable of again acting in the service of the said company in any capacity whatever.

from foreign

Rule 47. No person, being a subject of His Majesty, of Great Trading unBritain, or any of the islands, colonies, or plantations aforesaid, shall der authority procure, solicit for, obtain, or act under any commission, authority, or pass, from any foreign prince, state, or potentate whatsoever, to 136. sail, go, or trade in or to the said East Indies or any of the parts aforesaid; and every such person who shall offend therein shall incur and forfeit, for every offence, 500l.

Rule 48. It shall not be lawful for any governor-general or go

(a) See TITLE 89.

32 Geo 3. C 52. Governorgeneral, &c. trading, 137..

vernor, or any member of council of the said presidencies in India, to be concerned in any trade or traffic whatever, except on account of the said company, nor for any collector, supervisor, or other person employed or concerned in the collection of the revenues, or the administration of justice, in the provinces of Bengal, Bahar, or Orissa, or their agents or servants, or any person in trust for them, to carry on or be concerned in, or to have, any dealings or transactions, by way of traffic or trade, at any place within any of the provinces in India, or other parts, or to buy any goods and sell the same again, or any part thereof, at the place where he bought the same, or at any other place within the same province, or any other such province or country respectively, except on account of the said company; nor Judges trad shall it be lawful for any of the judges of the supreme court of judicature to be concerned in any trade or traffic whatever; nor for any of His Majesty's subjects in the said provinces to engage, intermeddle, Inland trade or be in any wise concerned, directly or indirectly, in the inland trade, in salt, beetle nut, tobacco, or rice, except on the account of the said company, or with their permission, on pain of forfeiting all such goods which they or any of them shall so buy and sell again, by way of traffic, or in which any of them shall so trade, and also treble the value thereof.

ing.

in salt, &c.

Trade by

Europe, 138.

Rule 49. Before such determination of the said company's sole and Suez, &c. to whole trade as is hercinbefore limited, it shall not be lawful for any subject of His Majesty, of Great Britain, or any of the islands, colonies, or plantations aforesaid, either in his own name or in the name of any other person whatever, to carry on or be concerned, at his own risk, or for his own benefit, in the sending any kind of goods, the produce or manufacture of the East Indies or China, by the way of Suez or by any other channel to Europe, otherwise than as is allowed or provided by this act; and if any such subject shall carry on or be concerned in any such trade or traffic on his own account, contrary hereto, he shall forfeit to the said company double the value of the goods which shall by him be so unlawfully sent to Europe.

Trading and

to foreign

subjects,

$139.

Rule 50. Provided that the said last-mentioned restrictions shall selling goods not extend to preclude any of the servants of the said company, (other than such of them as shall or may be specially prohibited by any law, or by any order of the said company, or their governments abroad, and other than and in respect of the inland trade in salt, beetle nut, tobacco, and rice,) or any free merchants licensed by the said company to reside in India or other parts within their said limits, from buying any goods in India, and selling the same again in India to the Agents, fac- subjects of any foreign nation or state, or from acting as agents or factors in the importing or exporting, buying or selling goods in India, on the account bona fide of any foreign company, or any foreign merchants. (a)

tors, &c.

(a) By 7 Geo, 1. stat. 1. c. 21. § 5. all contracts and agreements whatsoever, made or entered into by any of His Majesty's subjects, or any person or persons in trust for them, for or upon the loan of any money by way of bottomry on any ship in the service of foreigners, and bound or designed to trade in the East Indies or parts aforesaid; and all contracts and agreements whatsoever, made by any of His Majesty's subjects, or any person in trust for them, for the loading or supplying any such ship with a cargo or lading of any sort of goods, treasure, or effects, or with any provisions, stores, or necessaries, and all co-partnerships, or agreements in the nature of copartnerships, made or entered into, relating to any such voyage or the profits thereof, and all agreements for the wages of any person or per.

§ 36.

How for

Rule 51. All the goods and all vessels forfeited by this act may and 54 Geo. 3. shall be seized by the commander of any of His Majesty's ships of war, c. 36. (a) or any commissioned, warrant, or petty officer specially appointed by officers of him, or by any officer of customs; (b) and every forfeiture incurred by navy may this act, and whereof the recovery is not specially provided for by this seize act, may and shall respectively be sued for, prosecuted, and recovered feitures may in such courts, and by such ways, and the produce thereof respectively be sued for. disposed and applied in such manner, and to such uses and purposes, as any forfeiture incurred by any law respecting the revenue of customs may now be sued for, &c. either in Great Britain, or in the islands of Jersey, Guernsey, Alderney, Sark, or Man, or in any of His Majesty's other dominions in or out of Europe respectively, as the case may happen to be.

acts, 87.

Rule 52. Nothing in this or the preceding act shall extend to alter, Prohibitions vary, or repeal any act of parliament in force on the 10th April, 1814, in former for prohibiting the consumption or use of any foreign manufacture within Great Britain; but all the said acts, and the provisions, penalties, and regulations therein contained respectively, shall continue of the same force and effect, as if this and the preceding act had not been made.

port laws,

Rule 53. Nothing in this act shall extend to permit or allow any Former im goods whatever to be imported into, or exported from, Great Britain, port and exin any way contrary to any act of parliament in force on 10th April, 38. 1814, except in any case where provision is expressly made for that purpose by this or the preceding act.

Rule 54. Nothing in this act shall extend to alter the manner in Tea, § 41. which the duties of customs payable on the importation of tea into Great Britain, are now paid or secured, but the said duties shall continue to be paid or secured as heretofore.

Rule 55. Nothing in this act shall alter or repeal any act of parlia- Excise acts, ment in force on 10th April, 1814, by which duties of excise are im- $48. posed on any article imported into Great Britain, or by which any regulations are made for the securing any of the duties of excise, but the same shall remain in full force as if this act had not been made. Rule 56. Every act of parliament in force by which any regulations Former reguwere made, for the ascertaining the value of any goods, or for the relations, § 49. mitting or allowing of any deduction of any duties on account of damage, or for the better securing the revenue of customs, or for the regular importation into or exportation from Great Britain, or the bringing or carrying coastwise, or from any port to any other port within Great Britain, or the entering, landing, or shipping, of any goods whatever, except where any alteration is expressly made by this act; and all things relating thereto, are hereby declared to be in full force, and shall be applied to the subject of this act, and for carrying the same into execution, as fully as if they had been repeated in this act.

Rule 57. If any action be brought against any person, for any Limitation of thing done in pursuance of this act, such action shall be commenced actions, § 66. within three calendar months next after the fact committed, and not afterwards.

sons serving on board such ship to be employed in such voyage, are declared to be void.

(a) The other regulations of this act are inserted under TITLES 101, 102, and 104. (b) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100.

Rule 58. This act shall continue in force (except where any special conc. 86. § 58. tinuation is directed by this act) until the 10th April, 1819. (a)

$4 Geo. 3.

Continuance

of act.

53 Geo. 3.

Size of ves

TITLE LXXXVII.-Vessels.

Rule 1. It shall not be lawful for any vessel, the registered measurement c. 155. § 18. whereof shall be less than 350 tons, other than such vessels as may be employed by the East India Company as packets, to clear out from any port in the United Kingdom, for any place within the limits of the said company's charter, or be admitted to entry at any port of the United Kingdom, from any place within those limits. (b)

bels.

21 Geo. 3.

c. 65. 33.

deemed

Rule 2. All vessels belonging to the East India Company, whether built or purchased by the said company, shall be deemed to be British ships, within Vessels to be the meaning of 12 Cha. 2. [TITLE 1.] and the said company in respect thereof shall be entitled to all the privileges and advantages by the said act given to the owners of ships wholly belonging to British subjects, the same being navigated in the manner prescribed by the laws now in being respecting British-built ships. (c)

British

37 Géo. 3.

c. 117. § 1. How vessels

of countries

in amity may trade.

Rule 3. During the continuance of the exclusive trade of the East India Company, and during the term for which the possessions of the British territories in India are secured to the said company, it shall be lawful for the vessels of countries and states in amity with His Majesty, to import into and export from the British possessions in India, such goods as they shall be permitted to import into and export from the said possessions by the directors of Regulations. the said company, who are hereby directed to frame such regulations for carrying on the trade to and from the said possessions, and the countries and states in amity with His Majesty, as shall seem to them most conducive to the inte rest and prosperity of the said British possessions in India, and of the British empire; and no vessel belonging to any of the subjects of states or countries in amity with His Majesty, shall be liable to seizure, confiscation, or forfeiture, or other penalty, for exporting from or importing into the said British possessions in India, any goods the importation or exportation of which shall be permitted by the said regulations: provided that it shall not be lawful for the directors to frame any regulations for the conduct of the said trade, which shall be inconsistent with any treaty which shall have been, or may be, entered into by His Majesty, and any country or state in amity with His Majesty, or which may be inconsistent with any act of parliament passed

Treaties.

(a) By 59 Geo. 3. c. 33. continued until July 1, 1821.

(b) By 54 Geo. 3. c. 36. § 15. from the 10th April, 1814, the hatches of all vessels arriving from any of the places before-mentioned, in any of the ports of Great Britain which shall have been or shall be declared fit and proper for such importation, shall be secured under the joint locks of the master of such vessel, and of the officers of customs and of excise, in cases where that revenue is concerned and no such batch shall be opened on any account or pretence whatever, but in the presence of such officers respectively; and if any such officer shall refuse or neglect to attend to the locking up or opening any such hatch, after due notice shall have been given him for that purpose, every such officer so offending shall, for every such offence, upon being convicted thereof, forfeit 1007. (c) See TITLE 3.

By 59 Geo. 3. c. 122. § 1. it shall be lawful for any vessel owned and navigated according to law, to trade between any place in the United Kingdom and His Majesty's colony in New South Wales and its dependencies, and to sail and pass to the eastward of the Cape of Good Hope, although such vessel shall be of less registered measurement than 350 tons.

By 2. this act shall in no ways authorize or entitle any vessel to sail, pass, or repass between 64 and 150 degrees of east longitude from London further to the northward than the eleventh degree of south latitude; and all vessels whatsoever, sailing, passing, or repassing to the northward of the eleventh degree of south lati tude between 64 and 150 degrees of east longitude from London, shall be and remain subject to the same laws and restrictions as they would have been subject to if this act had not been passed.

for the regulation of the trade and commerce of the said British ter- 37 Geo. 3. ritories in India.

c. 117.

control, § 2.

Rule 4. All such regulations as shall be framed by the said court Regulations of directors for carrying on the trade to and from the British posses- subject to sions in India, and the countries and states in amity with His Majesty, shall be subject to the superintendance, direction, and control of the board of commissioners for the affairs of India, in the same manner as all acts, operations, and concerns, which any wise relate to or concern the civil and military governments and revenues of the British territories and acquisitions in the East Indies, now are.

tions, § 3.

Rule 5. It shall not be lawful for any general court of proprietors Court not to to alter, or to direct or authorize the altering, of any resolution of alter resolu the court of directors, or to rescind, revoke, suspend, or vary the same, in so far as the same relates to the intercourse of foreign nations in amity with His Majesty and the British territories in India.

Acts re

pealed.

Rule 6. The whole of 39 Geo. 3. c. 89. and 50 Geo. 3. c. 86. and so 58 Geo. 3. much of 51 Geo. 3. c. 75. as relates to the hiring of ships by The East c. 83. § 1. India Company, is hereby repealed, provided that the repeal of the said acts shall in nowise be construed to affect any contract or agreement made or entered into in pursuance of any of the said acts, but all such contracts or agreements shall be carried into execution in the same manner as if this act had not been made.

for hiring

ships, 2.

Rule 7. The said company or their court of directors shall not Regulations hire or take up on freight, for the service of the said company, any ships other than such as shall be contracted for or hired in manner hereinafter mentioned; that is to say, from time to time whenever the said company shall have occasion to contract for the hire of any ship to be built for their service, the court of directors of the said company shall give notice thereof by public advertisement, and therein state the burthen of the ship or ships wanted, the dimensions or scantlings of timbers and planks, number of guns, manner of building, providing, furnishing, and storing such ships, the time to be allowed for building (which shall be as long as reasonably may be), and other particulars necessary to enable persons to judge of the expense thereof, and the proper rate of freight for such ships respectively, or shall refer to printed terms and conditions to be delivered by their proper officer; and the said advertisement shall fix a time, not less than four weeks from the publication thereof, for receiving proposals in writing, sealed up, for building and freighting the same to the said company, such proposals to specify the lowest rates of freight for each voyage in time of peace required for such ships, for such number of voyages, not less than six, as the said court of directors shall see fit from time to time to fix, to and from India or China, or elsewhere within the limits of the charter of the said company, to be employed in trade and in warfare or otherwise, as shall be thought proper by the said company if the said ships respectively shall so long be fit for the company's service; and all the tenders or proposals which shall be made in pursuance of such notices shall be put into a box locked and sealed, which shall not be opened except publicly in a court of directors, and the contents of such proposals respectively shall be entered in a book, and the proposals offering the lowest peace freight shall be accepted without favour or partiality, subject to the several provisions in this act contained; and in case more ships than shall be wanted at the time of considering such proposals, shall be tendered to be built at the same low freight, then the court of directors

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