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77. An Act to authorize his Majesty under certain circumstances, to regul.

late the Duties and Drawbacks on Goods imported or exported in Foreign Vessels; and to exempt certain Foreign Vessels from Pilotage.

Whereas it is the practice in many cases, as well in foreign countries as in the United Kingdom, to charge higher duties, and to grant smaller drawbacks, bounties, and allowances, upon goods, wares, or merchandise, when imported or exported in ships or vessels not belonging to the country in which such duties are charged, or draw. backs, bounties, or allowances are granted, than are charged or granted when imported or exported in ships or vessels belonging to such country : and whereas it is expedient that his Majesty should be empowered to allow the importation or exportation of any goods, wares, and merchandise, in foreign vessels, upon payment of the like duties, and with the like drawbacks, bounties, and allowances,--as are now by law paid or granted upon similar goods, wares, and merchandise, when imported or exported in British vessels from or to those countries in which no other duties are charged, or other drawbacks, &c. granted, upon the importation or exportation of any goods, &c. into or from such country in British vessels, than are charged or granted upon such goods when imported into or exported from such countries in foreign vessels :-Be it therefore enacted

His Majesty may authorize the importation and erportation of goods in foreign vessels, on payment of same duties, &c. as British vessels.—It shall be lawful for his Majesty with the advice of his privy council, or by his Majesty's orders in council, (to be published in the London Gazette,) to authorize the importation into,ếor exportation from the United Kingdom,—or from any other of his Majesty's do minions,—of any goods, wares, or merchandise, (which may be legally imported or exported in foreign vessels,) upon payment of such and the like duties only,—and with the like drawbacks, bounties, and allow. ances, -as are charged or granted upon similar goods, &c. when im ported or exported in British vessels ;-Provided always, that before any such orders shall be issued, satisfactory proof shall have been laid before his Majesty and his privy council, that goods, &c. imported into or exported from the foreign country in whose favour such remission of duties, or such drawbacks, &c. shall be granted, -are charged with the same duties, and are allowed the same drawbacks, &c. when imported into or exported from such foreign country in British vessels, as are levied or allowed on similar goods, &c. when imported or exported in vessels of such country. § 1.

Additional duties may be levied in certain cases. - It shall be lawful for his Majesty, by order in council as aforesaid, whenever it shall be deemed expedient, to levy and charge any additional duties of eustoms,-or to withhold the payment of any drawbacks, bounties, or allowances, -upon any goods, wares, or merchandise, imported into or exported from the United Kingdom-or imported into or exported from any of his Majesty's dominions,-in vessels belonging to any foreign country, in which higher duties shall have been levied, or smaller drawbacks, &c. granted, upon goods, &c. when imported into or exported from such foreign country in British vessels, than are levied or granted upon similar goods, when imported or exported in vessels of such country ;-Provided always, that such additional or counter

vailing duties so to be imposed, and drawbacks, &c. so to be withheld as aforesaid, shall not be of greater amount than may be deemed fairly to countervail the difference of duty, drawback, bounty, or allowance paid or granted on goods imported into or exported from such foreign country in British vessels, more or less than the duties, drawbacks, bounties, or allowances there charged or granted upon similar goods imported into or exported from such foreign country in vessels of such country.--And such additional or countervailing duties of customs shall be levied, recovered, and applied, in such and the like manner as any other duties of customs are now by law levied, recovered, or applied. $$ 2 and 3.

Duties may be removed, or again imposed.--His Majesty is empowered to remove, or again to impose, any such additional or countervailing duty of customs, or to renew or withhold such drawbacks, bounties, or allowances, whenever it shall be deemed expedient so to do. $ 4. Section 5 repealed by 6 Geo. IV. c. 125. § 1. Pilot Act.

5 Geo. IV. c. 1. An Act to indemnify all Persons concerned in advising, issuing, or

acting under a certain Order in Council, for regulating the Tonnage Duties on certain Foreign Vessels ; and to amend an Act of the last Session of Parliament, for authorizing his Majesty, under certain circumstances, to regulate the Duties and Drawbacks on Goods im. ported or exported in any foreign vessels.

Additional Tonnage Duties may be levied on foreign vessels in certain cases. It shall be lawful for his Majesty with the advice of his privy council, or by his Majesty's order or orders in council, to be published in the London Gazette, (whenever it shall be deemed expedient,) to levy and charge any additional or countervailing duty or duties of Tonnage, upon or in respect of any vessels which shall enter any of the ports in the United Kingdom of Great Britain and Ireland, or in any of his Majesty's dominions, and which shall belong to any foreign country, in which any duties of tonnage shall have been or shall be levied upon or in respect of Brilish vessels, entering the ports of such country, higher or greater than are levied or granted upon or in respect of the vessels of such country :-Provided always, that such additional or countervailing tonnage duties, so to be levied and charged as aforesaid, shall not be of greater amount than may be deemed fairly to countervail the difference of duty paid in such foreign country upon or in respect of the tonnage of British vessels, more than the duty there charged or granted upon or in respect of the vessels of such country. $ 3.

His Majesty may authorize the entry of foreign vessels on the like Tonnage duties as on British vessels.- It shall be lawful for his Majesty with the advice of his privy council, or by his Majesty's order or orders in council, to be published in the London Gazette, to permit and authorize the entry into any port or ports of the United Kingdom of Great Britain and Ireland,

-or of any other of his Majesty's dominions, — of any foreign vessels, upon payment of such and the like duties of Tonnage only as are or may be charged or granted upon or in respect of similar British vessels ;-Provided always, that before any such order or orders shall be issued, satisfactory proof shall have been laid before his Majesty and his privy council, that vessels of the foreign country, in whose favour such permission shall be granted, are charged with no other or higher Tonnage duties on their entrance

into the ports of such foreign country, than are levied on the entry into such ports upon the vessels of such country.-Such additional or countervailing Tonnage duties to be levied, recovered, and applied, in such and the like manner as any duties of customs are now by law levied, recovered, and applied. $$ 4 and 5.

Duties may be removed or again imposed. $ 6.

See also the 6 Geo. IV. c. 11l. $ 5. p. 498. further respecting Re. ciprocity, and the 9 Geo. IV. c. 60. 87, (CORN Law) in this part Chapter XI.

ABSTRACT of the 59 Geo. III. c. 54. intituled “An Act to carry into effect a Convention of Commerce concluded between his Majesty and the United States of America, and a treaty with the Prince Regent of Portugal.” [This act is excepted out of the operation of the 6 Geo. IV. c. 105. which repeals the former Navigation Laws.]

After reciting the Convention of Commerce, * dated 3d July, 1815; the several acts of ihe 56 Geo. III. c. 15; the 56 Geo. III. c. 51; and the 57 Geo. III. c. 58; and that a further Convention of Commerce* and Navigation has been concluded between his Majesty and the United States of America, dated the 20th day of October, 1818, whereby in the fourth article all the provisions of the aforesaid convention, concluded on the 3d day of July, 1815, except as therein excepted, are extended and continued in force for the term of ten years from the date of the signature of the said further convention, and that it is expedient to give effect to such parts of the said Convention as require the sanction of Parliament, and to make further provisions than are contained in the said recited acts; the same are thereby repealed. $ 1.

Goods of the produce of the United States imported in Americanbuilt vessels, shall pay the like duties as goods imported in Bri'ish vessels.--Upon the importation of any goods, being the growth, production, or manufacture of any of the territories of the United States of America, imported direct from the said territories in any vessel built in the countries belonging to the said states, or any of them, or taken by any of the vessels of war belonging to the government or any of the inhabitants of the said states, having commissions of letters of marque and reprisal, from the government of the said states, and condemned as lawful prize in any court of admiralty there, such vessel being owned by the subjects of the said states, or any of them, and whereof the master and three-fourths of the mariners are also subjects of the said states, no higher or other duties shall be charged or paid, than such as are charged and payable upon goods of the like description, being the growth, production, or manufacture, of any of the territories of the United States of America, and being imported in British-built ships or vessels navigated and registered according to law. $ 2.

Goods so imported in American-built vessels may be sold by Auction free of that duty.-All goods imported in any vessel built in the said United States of America, or condemned as prize there, and being owned and navigated as hereinbefore mentioned, shall and may be sold by Auction free of the duty imposed by law on goods sold by Auction : provided that nothing in this act contained shall extend to authorize the sale of any such goods free of the said duty, unless on the first sale of such goods by or for the account of the original importer, by whom the same were entered at the custom-house at the port of importation, nor unless such sale shall be made within twelve months after the time when such goods shall have been so imported. $ 3.

* These will be found post.

The same duties shall be payable on exportation of goods exported in British-built vessels to America, as on the exportation of like articles to Europe.— The same duties shall be paid on the exportation of all goods of the growth, produce, or manufacture of Great Britain, exported direct from thence to any place within the territories of the United States of America in British-built ships owned, registered, and navigated according to law, or in ships built in the United States of America, or condemned as prize there, and being owned and navigated as hereinbefore mentioned, as are or shall be payable on the exportation of the like articles to Europe. § 4.

Same bounties allowed on exportation of goods in American-built vessels as in British-built.Upon the exportation from the United Kingdom to the United States of America of any goods, the growth, production, or manufacture of the said United Kingdom, or any of his Majesty's territories in Europe, in any vessel built in the said United States of America, or condemned as prize there, and being owned and navigated as herein before mentioned, the same bounty or allowance shall be paid as at the time of such exportation may be allowed upon the exportation thereof to the said states in any British-built vessel navigated and registered according to law. $ 5.

Vessels of American-buill allowed to clear out for the British selllements in the East Indies, subject to the same regulations as Britishbuilt vessels.--Whereas it is expedient that vessels built in countries belonging to the United States, or condemned as prize there, and owned and navigated as "hereinbefore mentioned, should be allowed to clear out from any part of the United Kingdom for the principal settlements of the British dominions in the East Indies, viz. Calcutta, Madras, Bombay, and Prince of Wales's Island, with any articles which may legally be exported from the United Kingdom to the said settlements in British-built ships ; it is enacted, that all vessels built in the said United States of America, or any of them, or condemned as prize there, and being owned and navigated as hereinbefore mentioned, shall be allowed to clear out from any port of the United Kingdom for the following principal settlements of the British dominions in the East Indies, viz. Calcuita, Madras, Bombay, and Prince of Wales's Island, with any goods which may be legally exported from the United Kingdom to the said settlements in British-built vessels, subject to the like rules and restrictions as upon the exportation of such goods to the said settlements in British-built ships. $ 6.

Duties of package, &c. payable to the City of London or any other corporation not to be affected.-Nothing in this act contained shall extend to repeal or alter the duties of package, scavage, bailage, or portage, or any other duties payable to the mayor and commonalty, and citizens of the city of London, or to the lord mayor of the said city for the time being, or to any other city or town corporate within Great Britain, or any other special privilege or exemption to which any persons, bodies politic or corporate, are now entitled by law in respect of goods imported and exported. $ 7.

Duties leviable on American and Portuguese vessels entering the ports of this kingdom, to be same as those payable on British vessels.--"And whereas by the aforesaid convention it is provided, that no higher or other duties or charges shall be imposed in any of the ports in any of

his Majesty's territories in Europe, on the vessels of the United States of America, than shall be payable in the same ports on British vessels : and whereas a similar provision was made in the treaty of amity, commerce, and navigation, concluded between his Majesty and his Royal Highness the Prince Regent of Portugal, dated the 19th day of February, 1810: and whereas certain rates and duties, under the denomination of light duties, pilotage, ballast, buoyage, and beaconage rates, harbour duties, and other dues, are now payable by law, charter, special privilege, or grant to the corporation of Trinity-house of Deptford Strond, to the trustees of Ramsgate harbour, to other bodies polític and corporate, and to sundry persons in whom such rates and duties may be vested respectively on foreign ships and vessels, over and above the rates and duties payable on British ships: and whereas it is expedient that the object of the said treaties should be effectually carried into execution;" it is enacted that no higher or other rates or duties shall be levied on vessels of the United States of America, or on Portuguese vessels entering or touching at any of the ports of the United Kingdom, or of his Majesty's territories in Europe, than are now or which may become hereafter, payable on British ships. $ 8.

Certain Corporations to be paid the difference of duties on British and foreign vessels out of the consolidated duties of customs.-And whereas it is expedient that the said Corporation trustees of Ramsgate harbour, other bodies politic and corporate, and sundry other persons, should be indemnified for the loss sustained by means of this act; it is enacted, that the difference in such cases between the duties payable on British ships, and those payable on foreign ships, shall be paid out of the consolidated duties of customs. $ 9.

Duties of package, &c. payable to the Corporation of London on account of American or Portuguese subjects shall be payable in like manner.-And in order that the objects of the said trustees may be more fully effected, it is enacted, that so much of the said duties of package, scavage, bailage, or portage, or any other duties payable to the said lord mayor and commonalty and citizens of the city of London, or to the lord mayor of the said city for the time being, as have been heretofore paid for or on account of American or Portuguese ships, or American or Portuguese subjects respectively, shall

, after the passing of this act, be paid out of the consolidated duties of customs to the collector appointed to receive such duties. $ 10.

This act shall continue in force so long as the aforesaid further convention between his Majesty and the United States of America, dated 20th October, 1818, (or the term of ten years,)* and the aforesaid treaty between his Majesty and his Royal Highness the Prince Regent of Purtugal, signed at Rio de Janeiro the 19th February, 1810, and so long as any treaty to be made with any foreign power with the similar provision hereinbefore recited, shall respectively continue in force.

By the 2 and 3 Wm. IV. c. 84.962 it is enacted, that-Any Treaty heretofore made subsequently to the 59 Geo. III. c. 54. or any Treaty which may hereafter be made with any Foreign Powers, in which Treaty has been or shall be contained Provisions similar to those in the said recited Act, all the Provisions, Clauses, Matters, and Things, in the said Act, did and shall apply and extend to the Trade and Shipping of such Foreign Powers respectively, as fully and effectually to all intents and pur poses, as to the trade and shipping of the said United States and of the said Kingdom of Portugal. But recited Act not to be construed as granting Powers beyond subBisting. Treaties; and His Majesty is to declare the Powers with whom Treaties are subsisting

• But see Treaty, a ted 6 August, 1327, post.

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