there was no proof of their being re- The court took time to consider; landed in any part of Great Britain. and, on a subsequent day, Macdo.

Plumer, Lycester, Ridley, and Dam- nald, chief baron, delivered their opipier, now showed cause; and Rous nion: and Dauncey argued for the defen- We are of opinion that this certifidants.

cate is not admissible eridence; it is Macdonald, chief baron. I am ex- nothing inore than a declaration of tremely glad this point has been made, two individuals, not opop oath. It as it is a question of great importance may be very good evidence to the to the coinmercial world. These cer- commissioners, but not to the jury. tificates are a very slender security on The words of the act are, “ the exone hand; yet, on the other, it is very “ amination, and proof thereof, being difficult to procure other evidence of left to the judgm-nt of ihe said the landing abroad. The act of par- “ commissioners." The commissionliament certainly makes it evidence ers of customs may have time to infor the commissioners : but the ques. vestigate the validity of the certificate ; tion is, whether it is also to be ad- but as the court of nisi prius has not, mitted as evidence before a jury? it is not to be received as evidence Another question arises in this case : there. Therefore the verdict must Whether this certificate should not stand. have found its way to the custom Rule discharged. house?

Forest's Exchequer Reports. TITLE CVI.— YUCATAN. Auctions. [As to the sale by auction of goods from Yucatan, see Title 20.) 30 Geo. S. Rule 1. THERE shall be paid or allowed to the exporter of any c. 26. 2.

goods which shall be exported to the settlement of Yucatan, the like Drawback.

drawback of the duties of customs and excise as is now allowed on the exportation of suel goods to the British plantations in America, on condition that the same shall be exported in the like manner, and under the like regulations, penalties, and forfeitures, as such goods are

now subject to, upon the exportation thereof, for a drawback to the Esport bood. British plantations in America: provided also, that the like bond shall

be given for the due exportation thereof, with further condition that the exporter thereof' shall produce a certificate under the hands and seals of two British merchants within the space of twelve calendar months from the exportation thereof, that the same have been duly

landed there. Certifcate. Rule 2. By letter of the board of treasury, dated 6th June, 1817, it

is directed, that no importation of wood fron Honduras shall, after the ]st January, 1818, be entered at the low duties, unless the importer shall produce a certificate from the superintendant of the settlement, specitying that the wood has been actually cut within the proper boundaries. (a)

TITLE CVII.-BRITISH WEST INDIES. [In January, 1812, when this book was first published, Great Britain was at war with not only in st of the European powers, but was also in a peculiarly unsettled state with the united States of America ; it was judged proper there. fore, at that time, not to include more of the laws affecting our West India Irade, than served to show the direct intercourse between the British Colonies and the Mother Country. The restoration of peace has opened in a great degree the former channels of commerce. Great pains have therefore been taken by the Compiler to ascertain the precise nature and extent of our colonial trade; and he

(a) For the duties on Mahogany and other species of wood, see Wood under TITLE 246.



is, consequently, now enabled to present all their ramifications in a condensed
form. The arrangement adopted has been thus,

FREE Ports,

The regulations concerning the particular trade between Great Britain and her
colonies, are in many cases so intimately connected with the general trade, that
some difficulty has been experienced in selecting those relating exclusively to the
British West Iudies. The object has been to insert under this title those laws
which concern the import and export of goods into and from the British West
Indies alone : but where such goods are also liable to regulations in Great Britain,
such regulations are inserted, accordingly, under other titles.)

[As to the importation of Oranges and Lemons from the Azores and Azores or the Madeiras, see Title 72.]

[As to exporting Sugar, Coffee, and Cocoa to ports of Europe south Europe. of Cape Finisterre, see Title 73.]

[ As to exporting goods to and importing goods from Gibraltar and Gibraltar and Malta, see Title 74.]

Rule 1. No goods whatsoever shall be imported into, or exported 7 & 8 Will. 3. out of, any plantation to His Majesty, in Asia, Africa, or America, c. 22. belonging or in his possession, or which may hereafter belong unto or be in the possession of His Majesty, or shall be laden in, or carried may be imfrom, any one place in the said plantations or to any other place in ported, &c. the same, or the kingdom of England, in any ship or bottom, but what is or shall be of the built of England, or of the built of Ireland, or the said plantations, and wholly owned by the people thereof or any of them, and navigated with the masters and three fourths of the mariners of the said places only (except such ships only as are or shall be taken as prize, and condemnation thereof made in one of the Prize vessels. courts of admiralty in England, Ireland, or the said plantations, to be navigated by the master and three fourths of the mariners English, or of the said plantations as aforesaid), and whereof the property doth belong to Englishmen. (a)

Rule 2. Goods may be exported or imported to and from this king- Prize vessels, dom, the plantations and places aforesaid, in any such ships as are or $3. shall be taken as prize, and whereof condemnation shall be made in one of the courts of admiralty aforesaid, and shall be navigated, as aforesaid, by the master and three fourths of the mariners English, and whereof the property shall belong to Englishmen.

Rule 3. All who hereafter shall be made governors or commanders Governors to in chief of any English plantation, before their entrance into their take oaths,

4. government, shall take a solemn oath (b) to do their utmost, that all the clauses in the above act of parliament relating to the said plantations, and that all the clauses in this present act, be punctually and bonâ fide observed according to the true intent and meaning

In what vessels goods

(a) See also Titles 1, 2, 3.

(6) See also Title 114.

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7 & 8 Will. s. thereof (which oath shall be taken before such persons as shall be ap

pointed by His Majesty), so far as appertains unto the said governors or commanders in chief respectively; and upon complaint and proof made before His Majesty, or such as shall be by him or them thereunto authorized and appointed, by the oath of two or more credible witnesses, that any the said governors or commanders in chief have neglected to take the said oath at the times aforesaid, or have been willingly negligent in doing their duty accordingly, the said governor so neglecting or offending shall be removed from his government, and forfeit the sum of 10001. sterling.

Rule 4. The officers for the collecting and managing His Majesty's officers, 6. revenue, and inspecting the plantation trade, in any of the said plan

tations, shall have the same powers and authorities, for visiting and searching of ships, and taking their entries, and for seizing and securing or bringing on shore any of the goods prohibited to be imported or exported into or out of any of the said plantations, or for which any duties are payable, or ought to have been paid, by any of the before-mentioned acts, as are provided for the officers of customs (a) in England by 14 Cha. 2. c. 11.(6) [TITLE 10.] also to enter

houses or warehouses, to search for and seize any such goods; and all Wharfingers, the wharfingers or other persons assisting in the conveyance, conceal

ment, or rescue of any of the said goods, or in the hindering or resistance of any of the said officers in the performance of their duty, and the boats, barges, lighters, or other vessels employed in the conveyance of such goods, shall be subject to the like pains and penalties as are provided by the same act, in relation to prohibited or uncustomed goods in this kingdom; and the like assistance shall be given to the said officers in the execution of their office as by the said act is provided for the officers in England; and also the said officers shall be subject to the same penalties and forfeitures, for any corruptions, frauds, connivances, or concealments, in violation of any the before

mentioned laws, as any officers of customs in England are liable to, General issue. by virtue of the said act'; and also in case any officer in the plantations

shall be sued or molested for any thing done in the execution of his office, the said officer shall and may plead the general issue, and shall give this or other custom acts in evidence, and shall have and enjoy the like privileges and advantages as are allowed by law to the officers of customs in England.

Rule 5. All laws, by-laws, usages, or customs, at this time, or laws repug which hereafter shall be, in practice, or endeavoured or pretended to $9.

be in force or practice, in any of the said plantations, which are in any wise repugnant to the before-mentioned laws, or any of them, so far as they do relate to the said plantations, or any of them, or which are any ways repugnant to this present act, or to any other law hereafter to be made in this kingdom, so far as such laws shall relate to and mention the said plantations, are illegal, null, and void, to all intents and purposes whatsoever.

Rule 6.° In cases where the governor or officers appointed by the




naot to acts,

(a) As to officers of army, navy, &c. see Title 5, Rules 76, 83, 99, and 100.

(6) By 7 Geo. 3. c. 26. $ 10. writs of assistance, pursuant to 14 Cha. c. 2. 11. and the above act, to authorize officers of customs to enter into any house, ware: house, or other place, in the British plantations in America, to search for and seize prohibited or uncustomed goods, shall be granted by the supreme court of justice having jurisdiction therein.


commissioners of customs in the plantations shall bave reasonable 7 & 8 Wm.s. ground of suspicion that certificates are false ; that is to say, that the c. 22. $ 10. certificate of having given security (a) in England is false, in such


suspected to case the governor or officers of customs shall take sufficient security be falee. there for the discharge of the plantation lading in England ; and in case there shall be cause to suspect that the certificate of having discharged the lading of plantation goods in this kingdom is false, the governor or officers aforesaid shall not cancel or vacate the security given in the plantation, until he or they shall be informed from the commissioners of customs in England that the matter of the said certificate is true; and if any person shall counterfeit, rase, or falsify any Counterfeitcocket, certificate, return, or permit, for any vessel or goods, or shall ing docuknowingly or willingly make use thereof, such person shall forfeit 5001. ments, and the cocket, &c. shall be invalid, and of no effect.

TITLE CVIII.-Aliens. [As to Aliens acting as Merchants in the British West Indies, see TITLE 1.]

(As to Ashes of the British plantations, see Title 1.]

TITLE CX.-Bribes. Rule 1. If any officer of customs shall, directly or indirectly, take 4 Geo. 8. or receive any bribe, recompense, or reward, in any kind whatsoever ; c. 15. 186. or connive at any false entry, or make any collusive seizure or agreement; or do any other act or deed whatsoever, by which His Majesty shall or may be defrauded in his duties, or whereby any goods prohibited shall be suffered to pass either inwards or outwards, or whereby the forfeitures and penalties inflicted by this or any other act of parliament relating to His Majesty's customs in America may be evaded, every such officer therein offending shall, for each offence, forfeit 5001., and be rendered incapable of serving His Majesty in any office or employment, civil or military: and if any person whatsoever shall give, offer, or promise to give, any bribe, recompense, or reward, to any officer of customs, to do, conceal, or connive at, any act, whereby any of the provisions made by this or any other act of parliament relating to His Majesty's customs in America may be evaded or broken, every such person shall, for each such offence (whether the same offer, proposal, or promise, be accepted or performed, or not), forfeit 501. (6)

TITLE CXI.-Cocoa Nuts, Coffee, Spirits, and Sugar.
Rule 1. No coffee (d) shall be suffered to be put on board any s Geo. 2.

c. 24. (c)

$ 8. (a) As to bonds, see TITLE I.

(6) See Title 15. (c) Originally a temporary act, but by 49 Geo. 3. c. 20. these sections are made perpetual (d) By 23 Geo. 3, c. 70, these regulations are extended to cocoa nuts.

5 Geo. 2.
c. 24.
Certi6cate of

vessel in any of His Majesty's plantations in America, until the planter or grower of such coffee, or his known agent, shall make oath or

affirmation in writing before two of His Majesty's justices (a) of the growth.

peace in or near the place where the said coffee grew, that the same is actually of the growth and produce of such planter's or grower's plantation lying in the district, division, or parish of

within the island or colony of

which oath or affirmation shall be produced to the collector, controller, and naval officer, or any of them, by the person who shall enter or ship such coffee, before the shipping and entry thereof for Great Britain ; and such person shall likewise make oath or affirmation before the said officers, or any two of them, that the coffee then to be shipped is the very same coffee, and no other than what is mentioned in such oath or affirmation of the planter or grower, or his known agent as aforesaid, which oath or affirmation the collector and controller of customs, and naval officer, at the port where the said coffee is to be loaded, or any two of them, are impowered to administer; and the said collector and controller, and naval officer, are hereby required to deliver a certificate of such affidavit or affirmation, under their respective hands and seals, to the commander or master of such vessel, on board of which the said coffee is to be shipped ; and the master of such vessel shall, before clearing his vessel, also make oath in the like manner, that he has received such coffee on board his vessel, and that he has no more or other coffee on board his vessel than such for which proofs shall be made as aforesaid, and that he will not take or receive any more coffee on board before his arrival in Great Britain, and making a report of his lading there; and all certificates (6) of such affidavits or affirmations shall, by the master of such vessel importing such coffee into this kingdom, be produced by such master of the vessel, to the collector and controller of customs at the port where such ship shall unlade at the time of making his report, and shall at the same time deliver to such collector and controller a certificate, under the hands and seals of the collector and controller of customs, and naval officer, of the place where such coffee shall have been shipped, or any two of them, testifying the particular quantities of such coffee which shall be so laden, and of which such proofs shall be made as aforesaid, specifying the packages in which the same is contained, with the particular marks, numbers, and weights of each package; and the said master shall likewise make oath, or if he be one of the people called Quakers, solemnly affirm before them, that the coffee in the said certificate mentioned was truly taken on board, as in the said certificate is expressed, and that after his departure from the place where such coffee mentioned in the said certificate was laden, he did not take on board, or permit to be laden on board, his vessel, either at sea or elsewhere, any parcel of coffee, and that all the coffee on board his said ship is mentioned and set forth in the said certificate, and the importer or proprietor of any parcel of coffee, or any other person who shall be employed by such importer or proprietor to make an entry with the receiver or collector of the inland duty, shall deliver to the said receiver or collector the said certificate of the affidavit or affirmation of the growth of the said coffee in

(a) See Rule 15 of this title,

(b) As to dispensing with the certificates by the excise, see Rule 14 of tlis

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