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A SCHEDULE of Duties payable on Articles imported into his Majesty's
Possessions in America and the West Indies, from other Places in
America and the West Indies, the Duties following; (that is to say),
£. S. d.

Barrel of Wheat Flour, not weighing more than 196lbs. net Sterling.
weight

Barrrel of Biscuit, not weighing more than 196lbs. net weight
For every Cwt. of Biscuit

For every 100lbs. of Bread, made from Wheat or other Grain, imported in Bags or Packages

2

0 5 0

02

6

0 1

6

0

For every Barrel of Flour, not weighing more than 196lbs. made from Rye, Peas, or Beans

For every Bushel of Peas, Beans, Rye, or Calavances

Rice, for every 100lbs. net weight

For every 1,000 Shingles, called Boston Chips, not more than 12 inches in length

0 7

0

For every 1,000 Shingles, being more than 12 inches in length 0 14
For every 1,000 Red Oak Staves

For every 1,000 White Oak Staves or Headings

1

1 0 0 15

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0

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No. CXII.

3 Geo. IV. c. 44.

£. s. d.

For every 1,000 Feet of White or Yellow Pine Lumber, of one Sterling. inch thick

For every 1,000 Feet of Pitch Pine Lumber

Other Kinds of Wood and Lumber, per 1,000 feet

1 1 0

1

1 0

1 8 0

3 Geo. IV. c. 45.

Acts and parts of Acts regulating Trade

For every 1,000 Wood Hoops

Horses, for every 100l. of the value thereof
Neat Cattle, for every 100l. of the value thereof

All other Live Stock, for every 1007. of the value thereof

0 5 3

10 0

10 0

10 0

[No. CXIII. ] 3 Geo. IV. c. 45.-An Act to regulate the Trade between his Majesty's Possessions in America and the West Indies, and other Parts of the World.-[24th June 1822.]

WHEREAS it is expedient to allow greater freedom of trade and intercourse between the colonies plantations and islands belonging to his Majesty in America and in the West Indies and other parts of the world; and to repeal certain Acts now in force relating to the trade and intercourse hitherto allowed to be carried on between his Majesty's colonies plantations islands and places in Europe south of Cape Finisterre, and to make further provision for encouraging and extending the same: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That so much of an Act passed in the twenty-fifth year of the reign of King Charles the Second, intituled An Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade, as imposes a duty upon the exportation of sugar tobacco cotton wool indigo ginger logwood fustic dying wood and cocoa nuts, from any of his Majesty's plantations in America Asia or Africa; also an Act passed in the fifty-first year of the reign of his late Majesty King 51 G. 3. c. 97. George the Third, intituled An Act to regulate the Trade between Places in

and Intercourse between the British Colo

nies and Europe repealed, viz. 25 C. 2. c. 7.

55 G. 3. c. 29.

Europe South of Cape Finisterre, and certain Ports in the British Colonies in North America; also an Act passed in the fifty-second year of the reign 52 G. 3. c. 98. of his said late Majesty, intituled An Act to permit Sugar, Coffee, and Cocoa, to be exported from his Majesty's Colonies and Plantations to any Port in Europe to the South of Cape Finisterre, and Corn to be imported from any such Port and from the Coast of Africa into the said Colonies and Plantations, under Licences granted by the Collectors and Comptrollers of the Customs; also so much of an Act passed in the fifty-fifth year of the reign of his said late Majesty, intituled An Act to regulate the Trade between Malta and its Dependencies and his Majesty's Colonies and Plantations in America, and also between Malta and the United Kingdom, as relates to the trade allowed to be carried on between the island of Malta and the dependencies thereof and his Majesty's colonies and plantations in America; also an Act passed in the fifty-seventh year of the reign of his said late Majesty, intituled An Act to extend the Privileges of the Trade of Malta to the Port of Gibraltar; also another Act passed in the fifty-seventh year of the reign of his said late Majesty, intituled An Act to allow the Importation of Oranges and Lemons from the Azores and the Madeiras into the British Colonies in North America shall be and the same are hereby repealed, save and except as to the recovery of any forfeiture or penalty incurred on or before the passing of this Act: Provided nevertheless, that all Acts expressly repealed by any of the said Acts shall be deemed and taken to be and shall remain repealed.

57 G. 3. c. 4.

57 G. 3. c. 89.

Certain Arti

cles may be exported from the

II. And be it further enacted, That it shall be lawful to export from any of his Majesty's said colonies plantations and islands in any Britishbuilt ship or vessel, owned and navigated according to law, any articles British Colo- the growth produce or manufacture of any such colony plantation or nies direct, to island, and any articles which have been legally imported into any such certain Ports of colony plantation or island, direct to any foreign port in Europe or in Africa Purope, in British Ships:

or to Gibraltar the island of Malta or the dependencies thereof or the No. CXIII. islands of Guernsey Jersey Alderney or Sark; any thing contained in an 3 Geo. IV. Act made in England in the twelfth year of the reign of his Majesty King Charles the Second, intituled An Act for the encouraging and increasing of Shipping and Navigation, or of any other Act or Acts in force in the United Kingdom or in Great Britain or Ireland respectively, to the contrary notwithstanding.

c. 45.

III. And be it further enacted, That before any such articles shall be To be regularly laden or put on board any ship or vessel in the said colonies plantations entered and or islands, the exporter shall make a regular entry thereof with the col- shipped in the lector and comptroller of his Majesty's Customs, on which entry shall be Presence of the indorsed the marks and numbers of the packages with the proper deno- Officers and at mination of the goods contained therein, and also the place quay or Ports only wharf where the goods are intended to be laden; provided that no goods shall be laden at any place quay or wharf which shall not be situate Houses are established, unless within the limits of a port where a custom house is established, and at which place quay or wharf an officer shall be appointed to attend the lad- by special sufing and shipping of such goods or at such place or places as shall be Places.

where Custom

ferance at other

mentioned in a sufferance or warrant to be taken out from the collector and comptroller of the customs for that purpose: Provided always, that Regulations as nothing in this Act contained shall extend or be construed to extend to to the Produce alter the existing regulations for lading and shipping the produce of the of Fisheries not fisheries of the said colonies plantations or islands. to be affected.

IV. And be it further enacted, That if upon examination of any goods The Goods allowed to be exported from any of the said colonies plantations or islands must agree with under the authority of this Act, either before or after the shipment, it the Entry, and shall be found that the weight or quantity thereof or the number of the be regularly casks or packages shall be greater than shall have been endorsed upon shipped on pain the entry, or if any articles are laden and put on board any ship or vessel of Forfeiture. for the purpose of being exported to any part of Europe or in Africa as aforesaid, without entry thereof being made with the proper officer of the customs, or shall be brought to any place quay or wharf or put into any hoy boat or other vessel for the purpose of being shipped on board any such ship or vessel for exportation to such foreign port of Europe or in Africa previous to such entry being made, or if any goods shall be put on board or attempted to be put on board any ship or vessel intending to proceed to any such port of Europe or Africa in any manner contrary to the directions of this Act, all such goods in every such case shall be forfeited, together with the hoy boat or other vessel or carriage whatever employed in shipping or attempting to ship such goods, and also the ship or vessel in which the same shall be laden; and all such goods vessels boats and carriages may be seized by any officer or officers of the customs, and the owner thereof shall forfeit double the value of such goods.

Articles than

V. And be it further enacted, That in case any ship or vessel clearing Ships clearing out from the said colonies plantations or islands under the authority of out from the this Act shall take on board in any of the said colonies plantations or Colonies are islands any other articles than such as are allowed to be on board and not to take on exported by virtue of this Act, all such articles so taken or laden on board any other board such ship or vessel shall be forfeited and lost, and shall and may be seized by the commander or commander of any of his Majesty's ships or vessels of war or any commissioned warrant or petty officer specially authorised by him or them or by any officer or officers of the customs; 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 the directions of this Act.

such as are al

lowed to be exof this Act. ported by virtue'

VI. And be it further enacted, That the person exporting fish from Before Shipany British colony or plantation in North America to any port or place as ment of Fish, aforesaid under the authority of this Act shall make oath at the port of Oath to be shipment before the chief officer of the customs at such port, or if there he made that it no such chief officer of the customs then before a magistrate, or if there is the Produce be no magistrate then before two respectable persons being at such port or ports (which oath such officer of the customs or magistrate or such respectable persons as aforesaid are hereby authorised to administer) that

of the British Fisheries.

No. CXIII. the said fish is the produce of the British fisheries really and bona fide taken and cured by his Majesty's subjects carrying on the said fisheries 3 Geo. IV. from some of the British colonies or plantations in North America. c. 45.

Upon Shipment of pickled or dry Fish from Canada, Oath

to be made of its being the Produce of the Bri

tish Fisheries.

The Articles enumerated in the Schedule

marked A. may be exported

from certain
Places in Eu-
rope, or in

Africa, to his
Majesty's
Colonies,

VII. And be it further enacted, That before the shipment of any pickled fish or dry fish for the purpose of exportation from Canada to any port or place as aforesaid under the authority of this Act, the person in whose possession the same shall have continued from the time of its being landed from the British fishing vessel employed in the taking it until the same shall be so shipped for exportation shall make oath before the chief officers of the customs at Quebec (who is hereby authorised to administer such oath) that the same is the produce of the British American fisheries really and bona fide taken and cured by his Majesty's subjects carrying on the said fisheries from some of the said colonies or plantations.

VIII. And be it further enacted, That it shall be lawful to export in any British ship or vessel owned and navigated according to law from any foreign port in Europe or in Africa or from Gibraltar the island of Malta or the dependencies thereof, or the islands of Guernsey Jersey Alderney or Sunk to any of his Majesty's colonies plantations or islands in America or the West Indies the articles enumerated or described in the Schedule hereunto annexed marked A.; any thing contained in an Act made in England in the fifteenth year of the reign of his Majesty King Charles the Second, intituled An Act for the Encouragement of Trade, or any other Act or Acts in force in the United Kingdom or in Great Britain or Ircland respectively, to the contrary notwithstanding.

Plantations, or Islands, in British Ships.

Duties to be

paid on Articles enumerated in the Schedule B. upon their Importation into the Colonies,

&c.

Appropriation of Net Pro

ceeds of Duties in Colonies where there are

no General Courts or Assemblies.

IX. And be it further enacted, That from and after the passing of this Act there shall be raised levied collected and paid unto his Majesty his heirs and successors upon the importation of the several articles enumerated or described in the Schedule hereunto annexed marked B. into any of his Majesty's colonies plantations or islands in America or the West Indies under the authority of this Act from any port or place in Europe or Africa as aforesaid the several duties of customs as the same are respectively insert d or described and set fo th in figures in the said Schedule marked B.; and the same shall be raised levied collected paid and received under the management of the C. mmissioners of the Customs in England in such and the like manner and form and by such and the like rules ways means and methods respectively, and under such penalties and forfeitures as any other duties now payable to his Majesty on goods imported into any of the islands plantations colonies or territories belonging to or under the dominion of his Majesty in America or the West Indies are or may be raised levied collected paid and recovered by any Act or Acts of Parliament now in force as fully and effectually to all intents and purposes as if the several clauses powers directions penalties and forfeitures relating thereto were particularly repeated and again enacted in the body of this Act; and the produce of such duties shall be paid by the collector of the customs to the treasurer or receiver general of the colony province or plantation in which the same shall be respectively levied, to be applied to such uses and purposes as may be directed by the authority of the respective general courts or general assemblies of such colonies provinces or plantations.

X. And be it further enacted, That in case there shall be no general courts or general assemblies in the colonies province or plantation in which the said duties shall have been levied under the authority of this Act, the net proceeds of such duties shall be applied and appropriated in such and the like manner and to such uses as any other duties levied and collected in any of his Majesty's colonies provinces or plantations in America or the West Indies not having general courts or general assemblies may now by any Act or Acts of Parliament passed in Great Britain or the United Kingdom of Great Britain and Ireland or by any order of his Majesty in council or by any proclamation issued in his Majesty's name be appropriated and applied.

c. 45.

XI. And be it further enacted, That in all cases where by the Schedule No. CXIII. marked B. the duties imposed upon the importation of articles into his Majesty's colonies plantations or islands in America or the West Indies 3 Geo. IV. are charged, not according to the weight gauge tale or measure but according to the value thereof, such value shall be ascertained by the declaration of the importer or proprietor of such articles or his known agent or factor in manner and form following; that is to say,

How the Value

of Articles subject to ad va

I A. B. do hereby declare, That the articles mentioned in the entry lorem Duties and contained in the packages [here specifying the several packages shall be ascer' and describing the several marks and numbers as the case may be] are of the tained. ' value of Witness my hand the day " of

• The above declaration signed the in the presence of

A. B.

day of

Č. D.

Collector or other principal officer,

Which declaration shall be written on the warrant of entry of such articles and shall be subscribed with the hand of the importer or proprietor thereof or his known agent or factor in the presence of the collector or other principal officer of the customs at the port of importation: Provided Provision, in that if upon view and examination of such articles by the proper officer case Articles of the customs it shall appear to him that the said articles are not valued are not duly according to the price and value thereof, and according to the true intent valued : and meaning of this Act, then and in such case the importer or proprietor or his known agent or factor shall be required to declare on oath before the collector or chief officer of the customs at the port of importation (which oath he is hereby authorised to administer) what is the invoice price of such articles, and that he verily believes such invoice price is the current value of the articles at the place from whence the said articles were imported, and such invoice price with the addition of ten pounds per centum thereon shall be deemed and taken to be the value of such articles in such colony plantation or island as aforesaid in lieu of the value so declared by the importer or proprietor or his known agent or factor, and upon which the duties specified in the said table shall be charged and paid: Provided also, that if it shall appear to the collector or in case the or other chief officer of the customs that such articles have been invoiced Value or Inbelow the real and true value thereof at the place from whence the same voice Price is were imported, or if the invoice price is not known the articles shall in not known, such case be examined by two competent persons to be nominated and appointed by the governor or commander in chief of the colony plantation or island into which the said articles are imported, and such persons shall declare on oath before the collector or other chief officer of the customs, which oath such collector or other chief officer of the customs is hereby authorised to administer, what is the true and real value of such articles in such colony plantation or island; and the value so declared on the oaths of such persons shall be deemed to be the true and real value of such articles and upon which the duties specified in the said Schedule marked B. shall be charged and paid.

XII. And be it further enacted, That if the importer or proprietor of Importer resuch articles shall refuse to pay the duties hereby imposed thereon it fusing to pay shall and may be lawful for the collector or other chief officer of the the Duties, the customs where such articles shall be imposed and he is hereby respec- Articles to be tively required to take and secure the same with the casks or other publicly sold, package thereof, and to cause the same to be publicly sold within the and the Duties space of twenty days at the most after such refusal made and at such and Charges time and place as such officer shall by four or more days public notice appoint for that purpose, which articles shall be sold to the highest bidder and the money arising from the sale thereof shall be applied to the payment of the said duties together with the charges which shall have been occasioned by the said sale, and the overplus (if any) shall be paid to such importer proprietor or any other person authorised to receive the

same.

deducted.

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