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Rule 3. Any person loading on board any vessel in the Cape of 54 Geo. 3. Good Hope, or in the territories or dependencies thereof, any wine as

c. 77. $ 1. of the produce of the said settlement, &c. shall, before the clearing the shipping out of such vessel, produce and deliver to the principal officer of cus- of wine at the toms at the loading port an affidavit, signed and sworn to before

Cape of Good

Hope, kc. justice of the peace in the said settlement, (a) either by the grower, maker, or shipper of such wine, or his known agent or factor, expressing, in words at length and not in figures, whether the same is red wine or white wine, and the particular name by which such wine is there commonly called or known, with the number and denomination of the packages, specifying such wine to be of the produce of the Cape of Good Hope, to the best of his knowledge and belief, and in which affidavit the person who brought or procured such wine from such grower or maker shall join : which affidavit shall be attested under the hand of the said justice of the peace to have been sworn to in his presence, and such justice is hereby required so to attest the same without fee or reward; and the said officer of customs to whom such affidavit shall be delivered, shall thereupon, without fee or reward, grant to the master of the vessel a certificate under his hand and seal of office of his having received such affidavit, pursuant to this act; which certificate shall express whether the said wine shipped on board such vessel is red wine or white wine, and the name by which the same is there commonly called or known, with the number and denomination of the packages in which the same shall be shipped and contained ; and such officer of customs shall also (without fee or reward), within Copy. ten days after the sailing of the vessel, transmit an exact copy of the said affidavit to the secretary's office for the said settlement, on forfeiture of 201.; provided nevertheless, that if at any time there shall not be any justice of the peace at the said settlement, where any wine the produce of the said settlement shall be loaded, then it shall be lawful for the grower, maker, or shipper of such wine, or his known agent or factor, to make such affidavit before the chief officers of customs, at the place from whence such wine shall be loaded on board the vessel, and in the certificate which the principal officer of customs shall grant to such master, such principal officer shall also certify that there is not any justice of the peace resident at the said settlement, where such wine shall have been so loaded; and upon the importation of such wine, the same shall be admitted to entry at the low duty to which such wine would have been liable if this act had not been made.

Rule 4. Upon the arrival of such vessel into the port of her dis- Certificate of charge, either in Great Britain, or any other part of His Majesty's affidavit at dominions where such goods may be lawfully imported, the master of Port of disa

charge, . the said vessel shall, at the time of making his report of his cargo, deliver the said certificate to the principal officer of customs, and make oath before him that the goods so reported are the same that are mentioned in the said certificate, on forfeiture of 1001, and if any such wine be imported or found on board any vessel for which no such certificate shall be produced, or which shall not agree therewith, or which shall not be imported directly from the said settlement, the same shall be deemed to be foreign wiue, not of the produce of the Cape of Good Hope, and shall be liable to the same duties, regulations,

(a) Wherever the word settlement occurs in this act, it is to be understood as applying also to territories or dependencies of the Cape of Good Hope.

51 Geo. 3. c. 17. Proviso.

penalties, and forfeitures, in all respects, as wine, other than French wine imported, would respectively be liable to by law : provided, that if any wine be imported into Great Britain directly from the said settlement, without being included in such certificate as hereinbefore directed, and it shall be made appear to the satisfaction of the commissioners of customs or excise in England and Scotland respectively, that the wine is really the produce of the said settlement, and that no fraud was intended, then it shall be lawful for the said respective commissioners to permit the said wine to be entered, upon payment of the low duty of customs or excise (as the case may require) to which such

wine would have been liable if this act had not been made. Landing wine

Rule 5. If the importer, proprietor, oi consignee, of any foreign wine, other as of the Cape than wine the produce of the said settlement, shall enter or land the same, or That is not so, cause, or sufier the same to be entered or landed as or for wine the produce of

the said settlement, the same shall be forfeited, and the importer, &c. knowingly entering or landing, or knowingly causing or suffering to be entered or landed, any such foreign wine, as or for wine the produce of the said settlement, shall

forfeit for every such offence 3001. Permits, 6. Rule 6. Every permit to be granted for the removal of any wine the produce

of the said settlement, shall distinguish such wine from all other wine according to the denomination thereof specified in the request note.

Rule 7. “Whereas the castle, town, and settlement, of the Cape of Good 6. 17.(a) $1. “ Hope, and the territories and dependencies thereof, are now in the possession

“ of His Majesty, and it is expedient, under the present circumstances, that the “ trade and commerce to and from the same should be regulated for a certain “ time in such manner as shall seem proper to His Majesty in council, notwith“ standing the special provisions of any act of parliament that may be con

“ strued to affect the same;" it is therefore enacted, that it shall be lawful for council.

His Majesty in council, by any order (b) to be issued from time to time, to give such directions, and make such regulations touching the trade and commerce to and from the said settlement, and the territories and dependencies thereof, as to His Majesty in council shall appear most expedient and salutary, any thing

49 Geo. 3.

Orders in

(a) See Rules 10 and 12 of this title.

(6) By order in council dated 24th Sept. 1814, it is ordered, that it shall be lawful, until further order, for all vessels belonging to the subjects of any country or state in amily with His Majesty to enter into the ports of the settlement of the Cape of Good Hope, anil of the territories and depen. devcies thereof, for the purpose of repairs and refreshment onis, in which case a part of the cargoes of sucb vessels may be permitted to be disposed of, for the purpose of defraying the expenses of such repairs or refreshment, and that it shall also be lawful for any veset is belonging to the subjects of any country or state in amity with His Majesty to import into the ports of the Cape of Good Hope, and of the territories and dependencies thervof, any articles of provisions, with the perinission of the governor of the Cape of Good Hope first obtaineal, by licence in writing under his signature, which licence he is hereby empowered to grant. And it is further ordered that goods, the growth, produce, or manufacture of the countries to the eastward of tbe Cape of Good Hope, legally imported into the said settlement, or into the territories or dependencies thereof, may be exported from the said settlement, &c. to the ports of the United Kingdom, subject to the regulations in 53 Geo. 3. c. 155. [TITLE $6,) or to any places to which a trade in such articles is permitted to be carried on, from the said settlement, xc. under the provisions of 54 Geo. 3. c. 34. (Note to Rule 19 of Title: S6,) and subject to the regte lations in the said act, in British vessels, or in such vessels that shall have been built within the terrie tories belonging to the East India Company, or in the ports under the immediate protection of the British flag io the East Indies. And that it shall in like manger be lawful to export from the said settlement of the Cape of Good Hope, or its territories or dependencies, in British vessels, or in sucla vessels that shall have been built within the territories belonging to the East India Company, or in the ports upiler the immediate protection of the British flag in the East Indies, to any places to which trade may be lawfully carried on from the said settlement, or its territories or dependencies, any articles of British or European produce, or inanufacture, which shall have been legally imported into the said settlement, &c.; provided, however, that nothing in this order shall extend 10 permit a trade in tea, between the Cape of Good Hope, or its territories or dependencits, and the countries to the eastward thereof, or from the said settlement, &c. to the ports of the United Kingdom; nor to permit any vessel under the burthen of 350 tons to export from the said settlement, &c. to the ports of the United Kingdom, any articles the growth, produce, or manofacture, of any countries situated within the limits of the East India Coinpany's charter; and that the trade and commerce to and from the said settle. ment, &c. shall be subject to such of the laws of trade and navigation, and the regulations thereof, ps would have affected the same, if tbis order had not been made, except as far as such laws are coa trary to this present order.

contained in any act of parliament now in force, relating to His Majesty's plan- 49 Geo. 3. tations, or any other act of parliament, or custoin, to the contrary notwith- c. 17. standing.

Rule 8. If any goods whatever shall be imported into, or exported from Goods conany pláce, part of the said settlement, or its territories or dependencies, or shall trary to order, be exported from any part of His Majesty's dominions to any of the said places, \ 2. or if any goods shall be so imported or exported in any manner whatever contrary to any such order in council, the same shall be forfeited, together with the vessel in which such goods shall respectively be imported or exported with her tackle, &c. and every such forfeiture shall and may be prosecuted and recovered, by the like ways as any forfeiture incurred by any law respecting the revenue of customs may be prosecuted and recovered in places where respectively the offences shall be comunitted, and the produce thereof shall be disposed of, paid, and applied, in like manner, in the said places respectively: pro- East fodia vided always, that nothing herein contained shall in any manner be construed Company. to infringe the rights, privileges, and advantages belonging lo the East India Companv.

Rule 9. The act of 49 Geo. 3. c. 17. is hereby further continued for the 17 Geo. 3. teroi hereinafter mentioned.

o. 1. $ 1. Rule 10. “Whereas it is expedient, under the present circumstances, that Porider act. " the trade and commerce to and from all islands, colonies, or places, and the " territories and dependencies thereof, to His Majesty belonging or in his pos

session, in Africa or Asia to the eastward of the Cape of Good Hope, except"ing only the possessions of the East India Company, should be regulated for " a certain time in such manner as shall seem proper to His Majesty in coun

cil, notwithstanding the special provisions of any act or acts of parliament "that may be construed to affect the same;" it is therefore enacted, that it shall Trade to the be lawful for His Majesty in council, by any order to be issued from time to eastward of time, to give such directions and make such regulations touching the trade and the Cape, $ 2. commerce to and from the said islands, colonies, or places, and the territories and dependencies thereof, as to His Majesty in council shall appear most expedient and salutary. (a)

(@) By order in council, dated the 28th May, 1919, it is ordered, that froid the date of this present order, British vessels arriving at any port of the Island of Mauritius, or its dependencies, from any country in amity with His Majesty, laden with any articles of the growth, production, or inang. facture of such country (excepting all articles composed of cotlou, iron, strel, or wool of foreigo ma. bofacture), shall be permitted to eater and land their cargoes, and dispose of the same in the said ports, subject to such duties as may be payable thereon.

And it is further ordered, that every such British vessel, arriving as aforesaid, shall be permitted to export to any such foreign country in amity with His Majesty, a cargo cousisting of any articles of the growth, produce, or manufacture of the Island of Mauritius, or its dependencies, or of any other articles which shall have been legally imported there, on payment of such duties as may be payable thereon.

And it is further ordered, that vessels belonging to the subjects of any foreign state in amity with His Majesty, which foreigo state stiail allow British vessels to carry on trade as aforesaill betweru the ports of such state and the Island of Mauritius, on the same terms as in vessels of such foreign state, shall be permitted in the like manner to import into the ports of the Islaod of Mauritius, or its depen. dencies, from any port of the country to which such vessel shall belong, any articles of the growth, production, or manufacture of such country (excepting all articles composed of colton, iron, steel, or wool of foreign manufacture), and to dispose of the same in the ports of the said island and its dependencies, on payment of the same duties as shall be payable on the like articles when imported from such foreign prire in British vessels; and that every such foreign vessel shall be permitted to export a cargo consiste inz of any articles of the growth, produce, or manufacture of the Island of Mauritius, or its dependede cies, or of any other articles which shall have been legally imported there, on payment of the saine duties as shall be payable on similar articles when exported to such foreign ports in British vessels.

It is however fortber ordered, that vo foreign vessel, allowed by the terms of this order to export a cargo froin the Island of Mauritius, or its dependencies, shall be permitted to export such cargo to any of His Majesty's possessions, or to any other place thau a place belouging to the sta

or power to which the vessel itself shall belong.

57 Gen. 3. Rule 11. If any goods whatever be imporied into or exported from any of c. 1. 3.

the said islands, colonies, or places, or the territories and dependencies thereof, or Goods imported or ex.

be exported from any part of His Majesty's dominions to any of the said islands, ported coa.

&c. or if any goods shall be so imported or exported in any nianner whatever ttary to or contrary to any such order in council, the same shall be forfeited, together with der. the vessel in which such goods shall respectisely be imported or exported, with

all her tackle, &c.; and every such forfeiture shall and may be prosecured and recovered by the like ways as any forfeiture incurred by any law respecting the revenue of customs may be prosecuted and recovered in places where respec

tively the offences shall be committed ; provided always, that nothing herein Company, contained shall in any manner be construed to infringe the rights, privileges,

and advantages belonging to the East India Company. Continuance,

Rule 12. This act shall continue in force until the 5th July, 1820.

East India

TITLE LXXXIV.-SOUTH SEA.

9 Ann. c. 21.

46. Limits of Company's eharter.

Rule 1. The corporation to be erected in pursuance of this act [for care ryir.g on a trade to the South Seas] and their successors, shall have for ever, the sole trade and traffic into, unto, and from all the kingeoms, lands, countries, territories, islands, cities, towns, ports, havens, creeks, and places of America, on the east side thereof from the river of Aranoco to the southernmost part of Terra del Fuego; and on the west side thereof from the said southernmost part of the said Terra del Fuego; through the South Seas, to the northernmost part of America; and into, unto, and from all countries, islands, and places within the said limits which are reputed to belong to the crown of Spain, or which shall hereafter be found out or discovered within the said liinils, not exceeding 300 leagues from the continent of America, between the southernmost part of Terra del Fuego, and the northernmost part of America,on the said west side thereof, (except the kingdom of Brazil, and such other places on the said east side of America as are now in the actual possession of the crown of Portugal, and the country of Surinam in the possession of the States General of the United Provinces ;) it not being intended that the sole trade to any part of the east side of America, now in the actual possession of the crown of Portugal, or the States General, shall be granted by this act ; but it may be lawful for all the subjecis of Her Majesty to trade and traliic to any part of the east side of America, now in the actual possession of the crown of Portugal, or the States General (hut to no other part of America within the limits aforesaid), as fully and freely, in all respects, as they might or could do if this act had noi been made.

Rule 2. So much of the foregoing act of 9 Ann. as vests in the said South Sea Company or corporation by the said act erected, the sole and exclusive privilege of trade and traffic inio, pinto, and from all cities, towns, fortresses,

islands, harens, creeks, lands, territories, and places whatsoever, which now part to cease. are or shall or may at any time hereafter, e belonging to or in the possession

or under the dominion or protection of His Majesty on the said east side of America, from the river Aranoco to the southernmost part of the Terra del Fuego, and on the said west side of America, from the said southernmost part of the Terra del Fuego, through the South Seas, to the northernmost part of America; and all powers, rights, and privileges to the said South Sea Company or corporation by the said act given and created for carrying on such irade and traffic, and all penalties and forfeitures by the said act declared and enacted for securing the same, and for preventing His Majesty's subjects from carrying on trade and traffic contrary to the provisions of the said act, are hereby declared to be absolutely repealed, and shall be deemed to have ceased from the 17th September, 1806, to all intents, constructions, and purposes, whatsoever.

47 Geo, 3. c. 93, Trade of South Sea Company in

Rule 3. So much of the act of 9 Ann. as vests, or shall or may be deemed 55 Geo. S. to have vested, in the South Sea Company or corporation by the said act c. 57. $ 1. erected, the sole and exclusive privilege of trade and traffic into, unto, and Exclusive from all kingdoms, lands, countries, territories, islands, and places whatsoever Sade is the within the limits of the charter of the said company, as described in the said Company react, and all powers, rights, and privileges to the said South Sea Company or pealed. corporation by the said act given and created for carrying on such sole and exclusive trade and traffic, and all penalties and forfeitures by the said act declared and enacted for securing the same, and for preventing His Majesty's subjects from carrying on trade and traffic contrary to the provisions of the said act, are hereby declared to be absolutely repealed, and shall be deemed and taken to have ceased and determined from and after the 12th May, 1815, to all intents, constructions, and purposes whatsoever.

Rule 4. In consideration of the surrender of such exclusive privileges, a Guarantee guarantee fund shall be established under the provisions of this act, in soine of fund, 2, the public stocks or funds of Great Britain, bearing interest at the rate of 31. per cent. per annum, and a separate account shall be opened for that purpose at the Bank of England, in the names of the commissioners for the reduction of the national debt of Great Britain, to be called “ The South Sea Company “ Guarantee Fund,” and when such fund shall amount in the whole to a capital stock of 610,464l. 3s. bearing an interest at 3l. per cent. per annum, the said commissioners shall forthwith transfer the same to the South Sea Company in full satisfaction to the said company, of and for the said exclusive rights of the said company.

Rule 5. Until a capital stock amounting in the whole to the said sum of Additional di 610,4641. 38. bearing an interest at the rate of 31. per cent. per annum, shall vidend, $ 3. have been so created and transferred, the court of directors of the said company, if the annual income, receipts, and profits of the said company which are applicable to and have heretofore been applied in the payment of one half per cent. per annum upon the capital trading stock of the said company in addition to the 31. per cent. per annum, payable upon such capital, shall not be sufficient to the payment of such dividend as heretofore, after payment of all expences incident to the management of the said company, shall state to the Statement to lords commissioners of the treasury the amount of such deficiency, and the treasury. said lords commissioners are hereby authorized, empowered, and required thereupon to order the payment out of the consolidated fund of Great Britain, after payment of all preceding charges thereon, of such sum of money to the said company, as shall be sufficient to make good such deficiency so as to enable the said company to continue to pay the said additional dividend of one half per cent. per annum upon the trading stock of the said company.

Rule 6. T'he court of directors of the said company shall upon such state- Account to ment, and so often as shall be required at any other time by the lords commis- treasury, $ 4 sioners of the treasury in that behalf, deliver to the said lords commissioners of the treasury a full and particular account of the expenses attending the management of the said company, ani of the application of the annual income, receipts, and profits, of the said company, for the whole period which shall have elapsed since the delivery of any such preceding account, or which shall be required by the said lords commissioners.

Rule 7. There shall be paid unto His Majesty, in ready money, without Daties of any discount whatever, upon all goods imported into any port of the United customs, $ 5. Kingdom, from any place within the limits of the sole and exclusive trade so heretofore granted to the said company as aforesaid, other than and except Exceptions, blubber, train oil, head matter, or whale fins, seal skins, and other produce of fish or creatures living in the seas, taken and caught by the crews of British and Irish-built vessels, a duty of customs of 21. upon every 1001. value of all such goods, and upon vessels according to the tonnage thereof, entering outwards or inwards at any port within the United Kingdom, to or from any place within the limits of the said sole and exclusive trade so heretofore granted to the said company, a duty of customs of 1s. 6d. upon every ton burthen of

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