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26 Geo. 2. c. 18.

Oath.

How persons may export

under their hands and seals, that the said oath was taken by

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on the
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before us, two of His Majesty's justices

"You swear to be good, faithful, and true to our Sovereign Lord King George, his "heirs and successors; you shall be obedient and assistant to the governor, his deputy, and assistants of the Company of Merchants of England trading into the "Levant Seas, in all lawful matters; you shall truly hold and keep to your power "(having no singular regard to yourself, to the hurt and prejudice of the common "weal of the said company) all statutes, acts, and ordinances, which have been duly "made, according to the grant of privileges granted to the said company, and con"sistent with an act of parliament made in the 26th year of the reign of His Ma"jesty King George II. intituled,' An Act for enlarging and regulating the Trade into "the Levant Seas; the secrets of the said company you shall not disclose; and "if you shall know any person or persons that intend any hurt, harm, or prejudice. "to our aforesaid Sovereign Lord the King's Majesty, his heirs or successors, or to "the said company, or the privileges of the said company, you shall give know"ledge thereof to the said governor, deputy, or assistants, or to some of them; and you shall not colour or free any goods belonging to any one not free of the said 66 company. So help you God."

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Rule 4. It shall be lawful for every person, being free of the said company as aforesaid, separately or jointly to export, or cause to be exported, from any goods, 3. place in Great Britain to any place within the limits (a) of the said letters patent, in any British or plantation-built ships (navigated according to law), at any time and to any person whomsoever, being freemen of the said company, or sons or apprentices of freemen (such freemen, sons, or apprentices, being His Majesty's Christian subjects), so long as such person shall remain under, and submit to, the protection and direction of the British ambassador and consuls respectively, any goods whatsoever, not prohibited by law to be exported; and also to import, in like manner, from any place within the limits of the said letters patent, raw silk, or any other goods purchased within the said limits (not prohibited by law to be imported), upon paying or securing the customs and other duties payable for the same to His Majesty, by virtue of any law now in force, or hereafter to be made; and upon paying such impositions or sums of money as shall be assessed and charged upon all goods, to be exported or imported as aforesaid, or upon any ships laden with the same, for defraying the necessary expenses of the said company.

Proviso, § 4.

32 Geo. 3.

How persons abroad may

be admitted

into com

pany.

Rule 5. The exportation of gold or silver, either in foreign coin or bullion, shall remain subject to the by-laws of the said company made or to be made in that behalf.

Rule 6. It shall be lawful for the governor and company of merchants of c. 65. § 1. England trading into the Levant Seas, commonly called the Turkey Company, or the major part present at any general court of the said company, to appoint, under the seal of the said company, any person resident in foreign parts to administer the oath prescribed by the preceding act to all British subjects resident in foreign parts desiring admission into the said company; all which persons, so appointed by the said company, shall be authorized and required to administer the said oath accordingly, and to certify, ander the hand and seal of each, or any one or more of them respectively, that the said oath was taken by before him or them; and every British subject resident in foreign parts desiring admission into the said company, and having taken the said oath, and such oath being certified as aforesaid, shall, upon request for that purpose made by himself, or any other

on the

(a) The places reserved to this company for their trade, are the states of the republics of Venice (in its Gulf,) those of Ragusa, and all the Grand Seignior's dominions; the ports of the Levant and Mediterranean, excepting those of Carthagena, Alicant, Denia, Valencia, Barcelona, Marseilles, Toulon, Genoa, Leghorn, Civita Vecchia, Palermo, Messina, Malla, Majorca, Minorca, Corsica, and all other ports and places of commerce on the coasts of France, Spain, and Italy. And the fine for those caught in trade, and not members of the company, is 20 per cent, on the value of the loading so taken. BEAWES.

person in his behalf to the governor or deputy governor of the said company, be 32 Geo. 3. admitted into the said company within the space of 30 days after such request shall c. 65. be made; and shall have, use, and enjoy all the liberties, privileges, jurisdictions, franchises, powers, and authorities granted to the said company by any letters patent, or act of parliament, as fully as any other member of the said company can have or enjoy the same, having taken the oath prescribed by the said act; such British subject, upon such admission, paying or tendering, or causing to be paid or tendered, for such his admission, for the use of the said company, the sum of 201, and no more.

Rule 7. It shall be lawful for the treasurer of the Turkey Company to supply How treathe place of the governor and deputy governor of the said company, and of each surer may of them, in their absence.

act, 2.

Rule 8. "Whereas raw silk and mohair yarn of the product and manufacture 11 Geo. 3. "of Asia are by the laws now in force prohibited to be imported into this king- c. 41. § 4. "dom from any port or place in the Streights or Levant Seas, except such ports or places as are within the dominions of the Grand Seignior; and some doubts have 66 arisen, whether such raw silk and mohair yarn, though shipped and laden in the "said Streights and Levant Seas, within the dominions of the Grand Seignior, can "be legally imported into this kingdom, after having been landed at Malta, An66 cona, Venice, Messina, Leghorn, Genoa, or Marseilles, for the purpose of being

66 opened and aired;" it is therefore enacted, that any such raw silk or mohair Raw silk and yarn, of the product and manufacture of Asia, as shall be or have been shipped in mohair yarn. any place in the said Streights or Levant Seas, within the dominions of the Grand Seignior, and which shall be afterwards landed at any or either of the places here. inbefore particularly mentioned, for the purpose of opening and airing only, and which shall be re-shipped on board the same ship from which they were so landed, shall, upon importation into this kingdom be deemed to have been imported from the place within the Grand Seignior's dominions where such goods were first shipped, and not from the place where they were landed to be opened and aired. (a)

Rule 9. All goods, to whomsoever belonging, of the growth, production, or 59 Geo. 3. manufacture of Turkey or Egypt, or of any of the dominions of the Grand Seignior, c. 110. § 1. imported into the United Kingdom directly from Turkey or Egypt, or from any Duties. of the dominions of the Grand Seignior, or from any other country or place, shall be subject to the duties payable to the said Turkey Company under the several acts of parliament herein-before contained.

Rule 10. All the regulations in the said several acts contained, for the purpose of Former acts, securing and enforcing the payment of the said duties to the said company, shall be § 2. in full force and effect, as if the same had been repeated and re-enacted in the body of this act.

TITLE LXXIX-Tobacco.

exported.

Rule 1. It shall be lawful to import directly from the territories or dominions 43 Geo. 3. of the Emperor of Russia, and the Ottoman or Turkish empire respectively, in Bri- c. 68. § 29. tish-built ships, owned, navigated, and registered according to law, into any port How tobacco of Great Britain, being an enumerated port (b) for the importation of tobacco, may be imand to enter and land, and to lodge, in any warehouse provided according to law ported and for the reception of tobacco in England and Scotland respectively, any tobacco being the growth or production of either of the aforesaid territories or dominions; and such tobacco may be exported in like manner, or entered for home trade or consumption, on payment of the like duties of customs as tobacco the growth or production of the United States of America may be exported or entered for home trade or consumption, according to the laws in force on 5th July, 1803; and the exporter of such tobacco shall, upon the said tobacco being manufactured in Great Britain, and exported according to the laws in force on the said day, be entitled to and allowed the like drawbacks as are respectively allowed upon the same sorts and descriptions of tobacco manufactured from tobacco of the growth or production of the United States of America, and legally exported from Great Britain.

Rule 2. All tobacco, which shall be imported into or exported from Great Bri- Regulations tain by virtue of this act, is hereby made subject to all the regulations, penalties, of other acts, and forfeitures to which any tobacco is or may be subject by any act of parliament § 30. in force on 5th July, 1803, and every pain, penalty, fine, or forfeiture, for any offence whatever committed against or in breach of any act of parliament in force

(a) As to the trade with Malta, see TITLE 74.

(b) See TITLE 186.

43 Geo. 3. c. 68.

47 Geo. 3.

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on the said day made for securing the revenue of customs, or for the regulation or improvement thereof; and the several clauses, powers, and directions therein contained shall extend to, and shall be respectively put in execution for tobacco imported into or exported from Great Britain by virtue of this act, so far as the same are applicable thereto, in as ample a manner as if all the said clauses, &c. were particularly re-enacted in the body of this present act.

Rule 3. The acts of 29 Geo. 3. c. 68. (a) and 30 Geo. 3. c. 40. so far as sess. 1. c. 25. the same extend to prevent the importation of tobacco of the growth or production of the territories or dominions of the Ottoman or Turkish empire, packed in bags or packages within any hogshead, cask, chest, or case, or to the separating or dividing of tobacco within any such hogshead, &c. are hereby repealed.

Certain acts, repealed.

Packages, § 2.

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Rule 4. No such tobacco shall be imported into Great Britain from the said territories, unless the outward package thereof shall be an hogshead, cask, chest, or case, and the quantity of tobacco packed therein shall be of the weight of 450 lb. net at the least, nor unless the master of the vessel importing such tobacco shall have on board a manifest in writing, made out and signed by the master, on or before the clearing of such vessel, at each of the places within the said territories where such tobacco shall be laden on board, containing the names of the respective places where the tobacco shall have been laden on board, the names of the vessel, together with the christian and surname of the master of such vessel, and the place to which such vessel belongs, and also the tonnage of such vessel, according to the certificate of registry thereof; and which manifest shall also contain a true account of all the tobacco so laden on board such vessel, with the number of hogsheads, casks, chests, and cases respectively, and the marks and numbers set thereon, and the number of parcels or bundles of tobacco contained in each such hogshead, &c. and also the net weight of the tobacco contained therein; and such weight of the tobacco, and also the tare of the package, shall be distinctly and legibly marked on every such hogshead, &c. upon which said manifest in writing there shall be indorsed the oath of the master of such vessel, testifying the truth thereof, and sworn to by such master on or before the clearing of the ship, before the British consul, if there be any British consul then resident at or near the place where such tobacco shall be so laden on board, or before some magistrate or other public officer residing at or near such place, if there be not any British consul resident there; which manifest, and none other, shall be required for such tobacco imported from the dominions and territories aforesaid. (b)

Rule 5. All tobacco imported under the provisions of this act may be exported in the like quantities and packages in which the same is allowed to be imported by virtue of this act, subject nevertheless to the like regulations, penalties, and forfeitures to which any tobacco is now or hereafter may be subject on exportation.

TITLE LXXX.-AFRICA.

Rule 1. Ir shall be lawful for all His Majesty's subjects to trade and traffick to and from any place in Africa, between the port of Sallee in South Barbary, and the Cape of Good Hope, at such times, and in such manner, and in or with such quantity of goods, as they shall think fit, without any restraint whatsoever, save as is hereinafter expressed.

Rule 2. All His Majesty's subjects, who shall trade to or from any of the places of Africa, between Cape Blanco, and the Cape of Good Hope, shall for ever hereafter be a body corporate and politic, in name and in deed, by the name of The Company of Merchants trading to Africa; and by the same name shall have perpetual succession, and shall have a common seal; and by that name sball and may sue and may be sued, and do any other thing, which any other body corporate or politic, as such, can or may lawfully do.

(a) See TITLE 186.

(b) As to dispensing with the manifest in some cases, see TITLE 186, Rule 53.

Rule 3. All the British forts, settlements, and factories on the coast of Africa, 23 Geo. 2. beginning at Cape Blanco aforesaid, and extending from thence to the Cape of Good c. 31. Hope inclusive, and all other the regions, countries, dominions, territories, con- Forts, &c. of tinents, coasts, ports, bays, rivers, and places, lying and being within the aforesaid the Royal limits, and the islands near adjoining to those coasts and comprehended within those African Comlimits, which are now claimed by or are in the possession of The Royal African pany, § 3. Company of England, or which may be hereafter in the possession of the company hereby established, shall, from the passing of an act of parliament for divesting (a) the African Company of their charter, forts, castles, and military stores, canoe men, castle slaves, and all other their property on the coast of Africa, their goods only excepted, be absolutely vested in the said new company established by this act and their successors, to the intent and purpose that the said forts, (b) settlements, and premises shall be employed at all times hereafter, only for the protection, encouragement, and defence of the said trade.

Rule 4. It shall not be lawful for the company established by this act to trade to Company or from Africa in their corporate or joint capacity, to have any joint or transferable not to trade, stock, or to borrow or take up any sum of money, on their common seal. § 4.

Rule 5. The direction and management of the affairs of the said company hereby Election of established, shall be in and by a committee of nine persons, to be chosen annually, committee, who are to meet and assemble together, from time to time, as often as shall be ne- § 5. cessary, at some place in the city of London; and the committee men so assembled shall, from the passing of such act of parliament for divesting the African Company of their charter, forts, castles, and military stores, canoe men, castle slaves, and all other their property on the coast of Africa as aforesaid, or before the passing such act, so far as the said African Company shall consent thereto, have full power, from Powers. time to time, to make orders for the governing, maintaining, preserving, and improving the forts and factories already built, or which hereafter shall be built, within the limits aforesaid; and to appoint governors, deputy-governors, or any other officers, civil or military, of or for the said forts and settlements, and them to remove and displace when they shall see fit; and to make orders and regulations for the better government of the said officers and servants abroad, and to take security from them for their good behaviour, and for their paying due obedience to the regulations established by this act, and to such other orders and regulations as the said committee shall from time to time think proper to make; so as no orders or regulations to be made by the said committee shall tend to lay any restraint whatsoever on the said trade or traders to and from Africa, contrary to the true intent and meaning of this act.

&c. 13.

Rule 6. Such of His Majesty's subjects who shall, on or before the 30th June, Who to be 1750, pay to the chamberlain of London, the clerk of the merchants' hall in Bristol, first members, or the town clerk of Liverpool, 40s. each for their freedom in the said company, shall be the first freemen and members of the said new company established by this act: and from the said 30th June, 1750, any other of His Majesty's subjects, trading or intending to trade to or from Africa, shall and may be admitted to be a freeman or member of the said company at London, Bristol, or Liverpool, upon his payment of 40s. for the same, to such persons as the committee for managing the affairs of the said company shall, and are hereby required, from time to time, to appoint to receive the same in London, Bristol, or Liverpool, respectively.

Rule 7. No person so admitted after the said day shall be entitled to vote for the Proviso, § 14. election of any committee man, until one year after such admission.

Rule 8.

The chamberlain of London, the clerk of the merchants' hall in Bristol, Certificates of the town clerk of Liverpool, and such other persons whom the said committee shall, admission, at any time hereafter, appoint to receive the said sums of 40s. for the admission of § 15. persons into the freedom of the said company, shall, upon their receiving the same, sign and deliver a certificate to the person paying the same, certifying his having paid 40s. for his being admitted into the freedom of the said company; for which certi- Fee. ficate there shall be paid to the person appointed to receive the said sums of 40s. the Names sum of 2s. 6d. and no more, as a fee or reward for his trouble therein; and the names entered.

(a) See Rule 18 of this title.

(b) By 4 Geo, 3. c. 20. § 1. the fort of Senegal and its dependencies, and every part thereof, are hereby declared to be vested in the company of merchants trading to Africa, to be employed at all times hereafter for the protection, encouragement, and defence of the African trade, in the same manner, and under the same regulations, and subject to the same rules, orders, directions, governments, limitations, restrictions, powers, and authorities, as the other forts and settlements on the coast of Africa are now vested in the said company, and subject to, by virtue of the preceding act, in as full manner as the same could or would have been if the said fort and dependencies had been mentioned in the said act, or all the clauses and things contained in the said act were herein again repeated and enacted.

23 Geo. 2. c. 31.

Sums received

and places of abode of every person paying the said sum of 40s. shall be entered in a book or books, which the person receiving the same is hereby required to keep for that purpose. Rule 9. The chamberlain of London, the clerk of the merchants' hall at Bristol, for freedoms, and the town clerk of Liverpool, shall respectively pay over the several sums of 40s. $ 16. which shall have been paid to them for freedoms of the said company, to such persons whom the committee of the said company shall authorize to receive the same, and shall, at the same time, deliver over the books, in which the names and places of abode of the persons who shall have respectively paid the said sums for their freedoms in the said company shall have been entered, to such persons as the said committee shall appoint to receive the same.

When re

Rule 10. The persons who shall from time to time be appointed by the said ceivers to pay, committee at London, Bristol, and Liverpool, to receive the said sums, shall annually and to deliver or oftener, if required by the said committee, pay and deliver over all such sums lists of names, which shall have been paid to them, together with lists of the names and places of § 17. abode of the persons from whom they shall have respectively received the same, to the said committee, or as they shall from time to time direct.

List of company, 18.

How long
committee

man may be
chosen, when
he may not
trade, &c.
$19.

Committee purchasing goods, 20.

Committee

not to carry on trade.

Books of receipts, &c. open.

Traders not obstructed,

Rule 11. A true and exact list shall from time to time be made and kept at the office or place where the said committee shall transact their business in London, of the names and places of abode of all persons admitted into the freedom of the said company, distinguishing the place where each person was admitted; which list shall annually, ten days at least before the annual elections, be printed and delivered, without fee or reward, to such of the persons admitted into the freedom of the said company who shall desire the same.

Rule 12. No person shall be capable of being chosen or acting as a committee man above three years successively; and two or more persons, who shall be in copartnership in trade, shall not be capable to be chosen or act as committee men during the same time or year: and the said nine persons or any of them shall not, during such time as they shall be of the said committee, in any manner directly or indirectly, trade jointly or in co-partnership, to Africa, or lade or cause to be laden any goods on board the same ship, in which any one of the said nine committee men shall, for that voyage, have before laden goods to be carried to any place in Africa.

Rule 13. The said committee may, from time to time, invest such part of the money in their hands as they shall judge necessary, in the purchase of goods and stores, which, after the same are insured (which they are hereby empowered and required to procure to be done), are to be sent and exported to Africa, there to be sold, disposed of, and applied for the sole use, preservation, and improvement of the forts and settlements there, and for the payment of the salaries and wages to the officers and other persons employed for keeping and preserving the said forts and settlements, and not otherwise: but it shall not be lawful for the said committee to carry, or cause to be carried, or exported from Africa, any negroes (a) or other goods, in return for the said goods they shall so export from Great Britain, or in any other manner to carry on any trade to or from Africa: and a just and true account of the said committee's receipts and payments shall, from time to time, be kept in a book or books for that purpose; which book or books shall be open at the office, or place, where the said committee shall transact the affairs and business of the said company in London, to be perused at all seasonable times by any person admitted to the freedom of the said company, without fee or reward.

Rule 14. No officer or any other person to be employed by the said committee, at any of the forts or settlements built or to be built in Africa, shall at any time hereafter, in any manner or on any pretence, obstruct or hinder any of His Majesty's Buildings free subjects in trading; and the forts, warehouses, and buildings already erected, or

$26.

for ware

houses.

Proviso, § 27.

Building

which shall hereafter be erected, by the said company, shall and may at all times hereafter be free and open to all His Majesty's subjects, to be used as warehouses for depositing gunpowder, gold, elephants' teeth, wax, gums, and drugs, and no other goods.

Rule 15. Provided that the said forts, warehouses, and buildings shall, in case of necessity or danger, be free and open to all His Majesty's subjects, for the safety of their persons, and security of all their effects whatsoever.

Rule 16. It shall be lawful for any of His Majesty's subjects trading to Africa, houses, 28. for the security of their goods or slaves to erect houses and warehouses, under the protection of the said forts, or elsewhere in any other part of Africa within the limits aforesaid, for the better carrying on of their trade there; which houses and ware

(a) Slave trade abolished, by 47 Geo. 3. sess. 1. c. 36.

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