« AnteriorContinua »
upon the record that the defendant acted upon probable cause, then the plaintiff shall not be entitled to more than twopence damages, nor to any costs. $ 67.
Recovery and application of penalties.-All penalties and forfeitures recovered in any of the British possessions in America under this act, shall be applied as follows; (that is to say,) after deducting the charges of prosecution from the produce thereof,--one-third part shall be paid into the hands of the collector of customs for the use of his Majesty ;one-third part to the governor or commander-in-chief of the colony, and the other third part to the person who shall seize, inform, and sue for the same ;excepting such seizures as shall be made at sea by the commanders or officers of ships of war,—one moiety of which seizures and of the penalties and forfeitures recovered thereon, (first deducting the charges of prosecution from the gross produce thereof,) shall be paid as aforesaid to the collector of customs, to and for the use of his Majesty, and the other moiety to him or them who shall seize, inform, and sue for the same; subject nevertheless to such distribution of the produce, as well with regard to the moiety granted to his Majesty as with regard to the other moiety given to the seizor or prosecutor, as his Majesty shall think fit to direct by any order of council, or by any proclamation. $ 68.
Limitation of suits.—All actions or suits for the recovery of any of the penalties or forfeitures imposed by this act may be commenced at any time within three years after the offence committed. $ 69.
Limitation of appeals.- No appeal shall be prosecuted from any decree or sentence of any of his Majesty's courts in America, touching any penalty or forfeiture, unless the inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced. 870.
Persons authorized to make seizures.-All persons authorized to make seizures under 5 Geo. IV. c. 113. intituled “ An Act to amend and consolidate the laws relating to the abolition of the slave-trade," shall have the benefit of all the provisions under this act. $71.
Application of penalties under 5 Geo. IV. c. 113.-All penalties and forfeitures created by the said act, whether pecuniary or specific, shall (except in cases specially provided for by the said act) go to such persons as are authorized by that act to make seizures, and shall be recovered, distributed, and applied in the like manner as any penalties and forfeitures incurred in Great Britain and in the British possessions in America respectively now go to, and may be recovered, and distributed respectively in Great Britain, or in the said possessions, under and by virtue of this act. $72.
The King may regulate the trade of the Cape of Good Hope, &c.--It shall be lawful for his Majesty, with the advice of his privy council, by any order in council, to give such directions touching the trade and commerce to and from any British possessions on or near the continent of Europe, —or within the Mediterranean sea,-or in Africa,-or within the limits of the East India company's charter, (excepting the possessions of the company,) as to his Majesty in council shall appear most expedient; and if any goods shall be imported or exported in any manner contrary to any such order, the same shall be forfeited, together with the ship. 873.
East India company may carry goods from India to Colonies. It shall be lawful for the East India company to trade in and export from any place within the limits of their charter, any goods for the purpose of being carried to some of his Majesty's possessions in America, and so to carry and to import the same into any of such posses sions ;-and also to carry return cargoes to any place within the limits of their charter, or to the United Kingdom ; and it shall be lawful for any of his Majesty's subjects, with the licence in writing of the said company, to lade in and export from any of the dominions of the Emperor of China any goods, -and to lade in and export from any place within the limits of the said company's charter, any Tea, for the purpose of being carried to some of his Majesty's possessions in America, and also so to carry and to import the same into any of such possessions. § 74.
li bas Certificate of production of East India sugar.-It shall be lawful for any person, being the shipper of any sugar, the produce of some British possession within the limits of the East India company's charter, to be exported, to go before the collector or coinptroller, or chief officer of customs at such place, (or if there be no such officer, to go before the principal officer, or the judge or commercial resident,) and inake and sign a declaration, that such sugar was really the produce of such British possession ;-and such officer, judge, or resident, is to adıninister such declaration, and to grant a certificate thereof, setting forth in such certificate the name of the ship in which the sugar is i to be exported, and the destination. $75.
Nothing in this act, or in any other act passed in this session, shall extend to repeal or in any way alter or affeci an act, 37 Geo. III. c. 117. intituled “ An Act for regulating the trade to be carried on with the British possessions in India by the ships of Nations in Amity with his Majesty;" nor to revoke, alter, or affect any regulations formed under the authority of that act, and in force at the cominencement of this act. $.76.
Ships built prior to 1st January, 1816.-All ships built at any place within the limits of the East India company's charter, prior to the Ist January, 1816, and which then were and have continued ever since to be solely the property of his Majesty's subjects, shall be deemed to be British ships for all the purposes of trade within the said limits, including the Cape of Good Hope. $77.
Certificate of production of Cape wine.--It shall be lawful for the shipper of any wine, the produce of the Cape of Good Hope, or its dependencies, to be exported from thence, to go before the chief officer of customs, and make and sign a declaration, that such wine was really the produce of the Cape, or its dependencies ;--and such officer is to administer such declaration, and to grant a certificate thereof, setting forth the name of the ship in which the wine is to be exported, and the destination of the same. $ 78.
Certificate of production of goods in Guernsey, &c.- It shall be lawful for any person who is about to export from any of the islands of Guernsey, Jersey, Alderney, or Sark, to the United Kingdom,-or to any of the British possessions in America, -any goods of the growth or produce of any of those islandsor any goods manufactured from materials which were the growth or produce thereof,—or of the United Kingdom--to go before any magistrate of the island, and make and sign a declaration that such goods (describing the same) are of such growth or produce, or of such manufacture ;--and such magistrate shall administer and sign such declaration ;-and thereupon the governor,
See chapter yu East India Trade.,
lieutenant-governor, or commander-in-chief of the island, shall
, upon the delivery to him of such declaration, grant a certificate under his hand of the proof contained in such declaration, stating the ship in which and the port to which, in the United Kingdom, or in any such possession, the goods are to be exported ;-and such certificate shall be the proper document to be produced at such ports, in proof that the goods are of the growth, produce, or manufacture of such islands. $79.
Tea may not be imported, except from the United Kingdom.-It shall not be lawful to import into any of the islands of Guernsey, Jersey, Alderney, or Sark, any Tea, except from the United Kingdom ;and if any shall be brought from any other place,-or not having been duly entered and cleared in the United Kingdom,--the same shall be forfetied. $ 80.
Tonnage of ships and package of goods.- No Brandy, Geneva, or other Spirits, (except Rum of the British plantations,) shall be imported into-or exported from-Jersey, Guernsey, Alderney, or Sark,-or removed from any one to any other of the said islands,-or coastwise from one part to any other part of either of the said islands, or shall be shipped, in order to be so removed or carried, or shall be waterborne, for the purpose of being so shipped in any ship or boat of less burthen than one hundred tons,-nor in any Cask of less contents than forty gallons;*—nor any Tobacco or Snuff, in any ship or boat of less burthen than one hundred tons,—nor in any cask or package containing less than four hundred and fifty pounds weight (except any such spirits or loose tobacco as shall be for ihe use of the seamen, not exceeding. two gallons of the former, and five pounds of the latter, for each seaman ;-and also except such Manufactured Tobacco or Snuff as shall have been duly exported as merchandise from Great Britain or Ireland) [and also except Spirits, Tobacco, or Snuff, imported from the United Kingdom, in vessels not of less burthen than 70 tons. 7 Geo. IV. c. 48. $ 48.)-nor shall any Wine be imported into-or exported from the said islands,---or carried from any one to any other,-or coastwise, from one part lo any other part of the said islands,-or be shipped, or waterborne, for the purpose of being shipped-in any ship or boat' of less burthen than sixty tons,-or in any cask* containing less than twenty gallons, or any package containing less than three dozen reputed quart bottles, or six dozen reputed pint bottles,-on pain of forfeiture of all such foreign Brandy, Geneva, or other Spirits, Tobacco, Snuff, or Wine, together with the casks or packages ;-and also every such Ship or Boat, together with all the guns, furniture, and ammunition, tackle and apparel thereof. $ 81.
Not to extend to vessels of ten tons supplying the island of Sark, having licence so to do.—Nothing herein shall extend to subject to forfeiture or seizure, under this act, any boat, (not exceeding the burthen of ten tons,) for having on board any foreign Spirits of the quantity of ten gallons or under, in casks of less content than forty gallons ;—or any Tobacco, Snuff, or Tea, not exceeding fifty pounds weight of each, for the supply of the island of Sark, (such boat having a licence from the officer of customs at either of the islands of Guernsey or Jersey, and for the purpose of being employed in carrying commodities for the supply of the said island of Sark, which licence such officer of customs is to grant without fee :)—Provided always, that every such boat having on board any greater quantity of spirits than ten gallons, or any greater
These restrictions on the importation and erportation of wine in certain quantities repealed, see 9 Geo. IV. c.70. 325. page 655. and 2 and 3 Wm. IV.c.84.050. page 657, quantity of tobacco or snuff than fifty pounds weight of each, (unless such greater quantity of spirits, tobacco, or snuff, shall be ia casks or packages of the size, content, or weight before required, or having on board any greater quantity of tea than fifty pounds weight, shall be forfeited. $ 82.
Wine may be imported into Guernsey, 8c. in cases, &c.-Nothing herein shall extend to prevent the importation into --or exportation from the said islands of Guernsey, Jersey, Alderney, or Sark, of any Wine in bottles shipped in cases or casks only, each containing at leasi three dozen reputed quart bottles, or six dozen reputed pint bottles :Provided always, that before any such Wine in bottles shall be shipped for exportation to or for Great Britain or Ireland, the master, together with one sufficient surety, shall give bond in the penalty of forty shillings per gallon, that the Wine so shipped shall (the danger of the seas and enemies excepted) be duly entered and landed at the port in Great Britain or Ireland to or for which the same shall be declared at the time of giving such bond ;-(which bond and declaration the proper officer of customs is to take ;) and such officer is required to furnish the master with a certificate specifying the number of packages, and quantity of wine contained in each, the date of the bond, and the name of the port to or for which the same shall be so declared ;-and such bond shall not be delivered up or cancelled until a certificate under the hand of the proper officer of the customs in Great Britain or Ireland, of the due landing of the wine, shall be produced to and left with the officer taking the bond within three months after the date of such bond. S 83.
Penalty on persons found on board vessels liable to forfeiture. Every person who shall be found—or discovered to have been—on board any vessel or boat liable to forfeiture under any act relating to customs, for being found within one league of the islands of Guernsey, Jersey, Alderney, or Sark, having on board or in any manner attached or affixed thereto, or having had on board, or in any manner attached or affixed thereto,-or conveying, or having conveyed, (in any manner,) such goods as subject such vessel or boat to forfeiture,--or who shall be found or discovered to have been on board any vessel or boat from which any part of the cargo shall have been thrown overboard during chase, -or staved or destroyed,-shall forfeit one hundred pounds. $ 84.
British coals not to be re-erported from British possessions.-It shall not be lawful for any person to re-export, from any of his Majesty's possessions abroad to any Foreign place, any Coals the produce of the United Kingdom ;*—and no such Coals shall be shipped at any of such possessions, to be exported to any British place, until the exporter or the master shall have given bond, (with one sufficient surety in double the value of the coa!s,) that such coals shall not be landed at any Foreign place. $ 85
7 Geo. IV. c. 48. An Act to alter and amend the several Laws relating to the Customs.
Free ports.—" And whereas an act was passed in the last session of parliament, (c. 114.) intituled, ' An Act to regulate the trade of the British possessions abroad ;' and it is expedient to alter and amend the same in manner hereinafter provided : and whereas by the said act certain goods are prohibited to be imported into any port or place in the British possessions in Arnerica, except into some of the ports in such possessions called free ports, and enumerated or described in a table contained in such act;" be it therefore enacted, that—if any goods shall be imported into any port or place in the said possessions contrary to such prohibition, such goods shall be forfeited. $ 43.
* But coals may now be exported to a foreign place upon payment of duty. See 2 and 3 Im. IV. c. 84. § 54. page 657.
Sec. 44, inserted in the Table of Duties, article Rum.
Certain goods brought inland into Canada for exportation. All Masts, Timber, and Ashes, brought by land or inland navigation into Canada, and duly shipped and exported from thence, shall, upon importation into the United Kingdom, be deemed to be, and be imported as, the produce of some British possession ;* -and it shall be lawful to bring into Canada, by land or inland navigation, any Beef or Pork, to be there warehoused for the purpose only of being exported to Newfoundland :-Provided always, that security shall be given to the satisfaction of the commissioners of his Majesty's customs, upon the first entry of such beef and pork, that the saine shall be duly conveyed and warehoused in some warehousing port, to be from thence exported direct to Newfoundland. $ 45.
Duty on wheat flour imported from a warehouse.-Wheat flour which shall have been warehoused at any free warehousing port in the British possessions in North America, and which shall be imported direct from the warehouse at such port into any British possession in the West Indies or in South America, shall upon such importation be liable only to a duty of Is. for every barrel of such flour, instead of the duty of 58. now payable on the same under the said act for regulating the trade of the British possessions abroad. $ 46.
Goods not the produce of Mauritius imported from thence. If any goods which had been imported into the island of Mauritius shall afterwards be imported from thence into any other British possession,-or into the United Kingdom,—the same shall be liable to the payment of the same duties, and shall be subject to the same regulations, as the like goods would be liable to the payment of, or subject unto, if the same had been first imported into any of the British possessions in the West Indies, and afterwards imported from thence into such other British possession, or into the United Kingdom respectively. 47.
Tobacco, Spirits, &c. imported into Guernsey, &c. viz. from foreign parts.-So much of the 6 Geo. III. c. 114. § 80. as extends to prevent the importation of Tobacco into the islands of Guernsey, Jer sey, Alderney, or Sark, except from the United Kingdom, shall be, and the same is hereby repealed ;-—and so much also of the said act as extends to prevent the importation of Brandy, Geneva, or other spirits, or of Tobacco or Snuff, -into the said islands, in any ship or vessel of less burthen than 100 tons, shall, so far as the same extends to ships or vessels which are not of less burthen than 70 tons, importing any of such goods from the United Kingdom, be and the same is hereby repealed. $48.
7 and 8 Geo. IV. c. 56. An Act to amend the Laws relating to the Customs, East India goods not free, if imporled from foreign places." Whereas an act was passed in the 6th year of the reign of his present
* See 7 and 8 Geo. IV.c. 56. § 32. page 652.