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51 Geo. 3. c. 17.

Proviso.

Landing wine

that is not so, § 3.

penalties, and forfeitures, in all respects, as wine, other than French wine imported, would respectively be liable to by law: provided, that if any wine be imported into Great Britain directly from the said settlement, without being included in such certificate as hereinbefore directed, and it shall be made appear to the satisfaction of the commissioners of customs or excise in England and Scotland respectively, that the wine is really the produce of the said settlement, and that no fraud was intended, then it shall be lawful for the said respective commissioners to permit the said wine to be entered, upon payment of the low duty of customs or excise (as the case may require) to which such wine would have been liable if this act had not been made.

Rule 5. If the importer, proprietor, or consignee, of any foreign wine, other as of the Cape than wine the produce of the said settlement, shall enter or land the same, or cause, or suffer the same to be entered or landed as or for wine the produce of the said settlement, the same shall be forfeited, and the importer, &c. knowingly entering or landing, or knowingly causing or suffering to be entered or landed, any such foreign wine, as or for wine the produce of the said settlement, shall forfeit for every such offence 3001.

Permits, G.

49 Geo. 3.

Rule 6. Every permit to be granted for the removal of any wine the produce of the said settlement, shall distinguish such wine from all other wine according to the denomination thereof specified in the request note.

Rule 7. "Whereas the castle, town, and settlement, of the Cape of Good c. 17. (a) § 1. “Hope, and the territories and dependencies thereof, are now in the possession "of His Majesty, and it is expedient, under the present circumstances, that the "trade and commerce to and from the same should be regulated for a certain "time in such manner as shall seem proper to His Majesty in council, notwith"standing the special provisions of any act of parliament that may be con"strued to affect the same;" it is therefore enacted, that it shall be lawful for His Majesty in council, by any order (b) to be issued from time to time, to give such directions, and make such regulations touching the trade and commerce to and from the said settlement, and the territories and dependencies thereof, as to His Majesty in council shall appear most expedient and salutary, any thing

Orders in council.

(a) See Rules 10 and 12 of this title.

(b) By order in council dated 24th Sept. 1814, it is ordered, that it shall be lawful, until further order, for all vessels belonging to the subjects of any country or state in amity with His Majesty to enter into the ports of the settlement of the Cape of Good Hope, and of the territories and depen dencies thereof, for the purpose of repairs and refreshment only, in which case a part of the cargoes of such vessels may be permitted to be disposed of, for the purpose of defraying the expenses of such repairs or refreshment, and that it shall also be lawful for any vessels belonging to the subjects of any country or state in amity with His Majesty to import into the ports of the Cape of Good Hope, and of the territories and dependencies thereof, any articles of provisions, with the permission of the governor of the Cape of Good Hope first obtained, by licence in writing under his signature, which licence he is hereby empowered to grant. And it is further ordered that goods, the growth, produce, or manufacture of the countries to the eastward of the Cape of Good Hope, legally imported into the said settlement, or into the territories or dependencies thereof, may be exported from the said settlement, &c. to the ports of the United Kingdom, subject to the regulations in 53 Geo. 3. c. 155. [TITLE 86,] or to any places to which a trade in such articles is permitted to be carried on, from the said settlement, &c. under the provisions of 54 Geo. 3. c. 34. [Note to Rule 19 of TITLE S6,] and subject to the regu• lations in the said act, in British vessels, or in such vessels that shall have been built within the territories belonging to the East India Company, or in the ports under the immediate protection of the British flag in the East Indies. And that it shall in like manner be lawful to export from the said settlement of the Cape of Good Hope, or its territories or dependencies, in British vessels, or in such vessels that shall have been built within the territories belonging to the East India Company, or in the ports under the immediate protection of the British flag in the East Indies, to any places to which trade may be lawfully carried on from the said settlement, or its territories or dependencies, any articles of British or European produce, or manufacture, which shall have been legally imported into the said settlement, &c.; provided, however, that nothing in this order shall extend to permit a trade in tea, between the Cape of Good Hope, or its territories or dependencies, and the countries to the eastward thereof, or from the said settlement, &c. to the ports of the United Kingdom; nor to permit any vessel under the burthen of 350 tons to export from the said settlement, &c. to the ports of the United Kingdom, any articles the growth, produce, or manufacture, of any countries situated within the limits of the East India Company's charter; and that the trade and commerce to and from the said settlement, &c. shall be subject to such of the laws of trade and navigation, and the regulations thereof, as would have affected the same, if this order had not been made, except as far as such laws are con trary to this present order.

contained in any act of parliament now in force, relating to His Majesty's plan- 49 Geo. 3. tations, or any other act of parliament, or custom, to the contrary notwith- c. 17. standing.

Rule 8. If any goods whatever shall be imported into, or exported from Goods conany pláce, part of the said settlement, or its territories or dependencies, or shall trary to order, be exported from any part of His Majesty's dominions to any of the said places, $2. or if any goods shall be so imported or exported in any manner whatever contrary to any such order in council, the same shall be forfeited, together with the vessel in which such goods shall respectively be imported or exported with her tackle, &c. and every such forfeiture shall and may be prosecuted and recovered, by the like ways as any forfeiture incurred by any law respecting the revenue of customs may be prosecuted and recovered in places where respectively the offences shall be committed, and the produce thereof shall be disposed of, paid, and applied, in like manner, in the said places respectively: pro- East fodia vided always, that nothing herein contained shall in any manner be construed Company. to infringe the rights, privileges, and advantages belonging to the East India Company.

Rule 9. The act of 49 Geo. 3. c. 17. is hereby further continued for the 57 Geo. S. term hereinafter mentioned.

c. 1. 1.

Rule 10. "Whereas it is expedient, under the present circumstances, that Former act. "the trade and commerce to and from all islands, colonies, or places, and the "territories and dependencies thereof, to His Majesty belonging or in his pos"session, in Africa or Asia to the eastward of the Cape of Good Hope, except"ing only the possessions of the East India Company, should be regulated for a certain time in such manner as shall seem proper to His Majesty in coun"cil, notwithstanding the special provisions of any act or acts of parliament "that may be construed to affect the same;" it is therefore enacted, that it shall Trade to the be lawful for His Majesty in council, by any order to be issued from time to eastward of time, to give such directions and make such regulations touching the trade and the Cape, § 2. commerce to and from the said islands, colonies, or places, and the territories and dependencies thereof, as to His Majesty in council shall appear most expedient and salutary. (a)

(a) By order in council, dated the 28th May, 1819, it is ordered, that from the date of this present order, British vessels arriving at any port of the Island of Mauritius, or its dependencies, from any country in amity with His Majesty, laden with any articles of the growth, production, or manufacture of such country (excepting all articles composed of cottou, iron, steel, or wool of foreigo manufacture), shall be permitted to enter and land their cargoes, and dispose of the same in the said ports, subject to such duties as may be payable thereon.

And it is further ordered, that every such British vessel, arriving as aforesaid, shall be permitted to export to any such foreign country in amity with His Majesty, a cargo cousisting of any articles of the growth, produce, or manufacture of the Island of Mauritius, or its dependencies, or of any other articles which shall have beea legally imported there, on payment of such duties as may be payable thereon.

And it is further ordered, that vessels belonging to the subjects of any foreign state in amity with His Majesty, which foreign state shall allow British vessels to carry on trade as aforesaid between the ports of such state and the Island of Mauritius, on the same terms as in vessels of such foreign state, shall be permitted in the like manner to import into the ports of the Island of Mauritius, or its dependencies, from any port of the country to which such vessel shall belong, any articles of the growth, production, or manufacture of such country (excepting all articles composed of cotton, iron, steel, or wool of foreign manufacture), and to dispose of the same in the ports of the said island and its dependencies, on payment of the same duties as shall be payable on the like articles when imported from such foreign port in British vessels; and that every such foreign vessel shall be permitted to export a cargo consisting of any articles of the growth, produce, or manufacture of the Island of Mauritius, or its dependencies, or of any other articles which shall have been legally imported there, on payment of the same duties as shall be payable on similar articles when exported to such foreign ports in British vessels.

It is however further ordered, that no foreign vessel, allowed by the terms of this order to export a cargo from the Island of Mauritius, or its dependencies, shall be permitted to export such cargo to any of His Majesty's possessions, or to any other place than a place belonging to the state or power to which the vessel itself shall belong.

57 Geo. 3. c. 1. 3. Goods im

ported or exported contary to or

der.

East India
Company.

Continuance, $4.

9 Ann. c. 21. $46. Limits of Company's eharter.

47 Geo. 3. c. 23. Trade of South Sea Company in

Rule 11. If any goods whatever be imported into or exported from any of the said islands, colonies, or places, or the territories and dependencies thereof, or be exported from any part of His Majesty's dominions to any of the said islands, &c. or if any goods shall be so imported or exported in any manner whatever contrary to any such order in council, the same shall be forfeited, together with the vessel in which such goods shall respectively be imported or exported, with all her tackle, &c.; and every such forfeiture shall and may be prosecuted and recovered by the like ways as any forfeiture incurred by any law respecting the revenue of customs may be prosecuted and recovered in places where respectively the offences shall be committed; provided always, that nothing herein contained shall in any manner be construed to infringe the rights, privileges, and advantages belonging to the East India Company.

Rule 12. This act shall continue in force until the 5th July, 1820.

TITLE LXXXIV.-SOUTH SEA.

Rule 1. THE Corporation to be erected in pursuance of this act [for carrying on a trade to the South Seas] and their successors, shall have for ever, the sole trade and traffic into, unto, and from all the kingdoms, lands, countries, territories, islands, cities, towns, ports, havens, creeks, and places of America, on the east side thereof from the river of Aranoco to the southernmost part of Terra del Fuego; and on the west side thereof from the said southernmost part of the said Terra del Fuego; through the South Seas, to the northernmost part of America; and into, unto, and from all countries, islands, and places within the said limits which are reputed to belong to the crown of Spain, or which shall hereafter be found out or discovered within the said limits, not exceeding 300 leagues from the continent of America, between the southernmost part of Terra del Fuego, and the northernmost part of America,on the said west side thereof, (except the kingdom of Brazil, and such other places on the said east side of America as are now in the actual possession of the crown of Portugal, and the country of Surinam in the possession of the States General of the United Provinces ;) it not being intended that the sole trade to any part of the east side of America, now in the actual possession of the crown of Portugal, or the States General, shall be granted by this act; but it may be lawful for all the subjects of Her Majesty to trade and traffic to any part of the east side of America, now in the actual possession of the crown of Portugal, or the States General (but to no other part of America within the limits aforesaid), as fully and freely, in all respects, as they might or could do if this act had not been made.

Rule 2. So much of the foregoing act of 9 Ann. as vests in the said South Sea Company or corporation by the said act erected, the sole and exclusive privilege of trade and traffic into, unto, and from all cities, towns, fortresses, islands, havens, creeks, lands, territories, and places whatsoever, which now part to cease. are or shall or may at any time hereaftere belonging to or in the possession or under the dominion or protection of His Majesty on the said east side of America, from the river Aranoco to the southernmost part of the Terra del Fuego, and on the said west side of America, from the said southernmost part of the Terra del Fuego, through the South Seas, to the northernmost part of America; and all powers, rights, and privileges to the said South Sea Company or corporation by the said act given and created for carrying on such trade and traffic, and all penalties and forfeitures by the said act declared and enacted for securing the same, and for preventing His Majesty's subjects from carrying on trade and traffic contrary to the provisions of the said act, are hereby declared to be absolutely repealed, and shall be deemed to have ceased from the 17th September, 1806, to all intents, constructions, and purposes, whatsoever.

trade to the

Rule 3. So much of the act of 9 Ann. as vests, or shall or may be deemed 55 Geo. S. to have vested, in the South Sea Company or corporation by the said act c. 57. § 1. erected, the sole and exclusive privilege of trade and traffic into, unto, and Exclusive from all kingdoms, lands, countries, territories, islands, and places whatsoever South Sea within the limits of the charter of the said company, as described in the said Company react, and all powers, rights, and privileges to the said South Sea Company or pealed. corporation by the said act given and created for carrying on such sole and exclusive trade and traffic, and all penalties and forfeitures by the said act declared and enacted for securing the same, and for preventing His Majesty's subjects from carrying on trade and traffic contrary to the provisions of the said act, are hereby declared to be absolutely repealed, and shall be deemed and taken to have ceased and determined from and after the 12th May, 1815, to all intents, constructions, and purposes whatsoever.

Rule 4. In consideration of the surrender of such exclusive privileges, a Guarantes guarantee fund shall be established under the provisions of this act, in some of fund, § 2, the public stocks or funds of Great Britain, bearing interest at the rate of 31. per cent. per annum, and a separate account shall be opened for that purpose at the Bank of England, in the names of the commissioners for the reduction of the national debt of Great Britain, to be called "The South Sea Company "Guarantee Fund," and when such fund shall amount in the whole to a capital stock of 610,4647. 3s. bearing an interest at 37. per cent. per annum, the said commissioners shall forthwith transfer the same to the South Sea Company in full satisfaction to the said company, of and for the said exclusive rights of the said company.

Rule 5. Until a capital stock amounting in the whole to the said sum of Additional di 610,4647. 3s. bearing an interest at the rate of 31. per cent. per annum, shall vidend, § 3. have been so created and transferred, the court of directors of the said company, if the annual income, receipts, and profits of the said company which are applicable to and have heretofore been applied in the payment of one half per cent. per annum upon the capital trading stock of the said company in addition to the 31. per cent. per annum, payable upon such capital, shall not be sufficient to the payment of such dividend as heretofore, after payment of all expences incident to the management of the said company, shall state to the Statement to lords commissioners of the treasury the amount of such deficiency, and the treasury. said lords commissioners are hereby authorized, empowered, and required thereupon to order the payment out of the consolidated fund of Great Britain, after payment of all preceding charges thereon, of such sum of money to the said company, as shall be sufficient to make good such deficiency so as to enable the said company to continue to pay the said additional dividend of one half per cent. per annum upon the trading stock of the said company.

Rule 6. The court of directors of the said company shall upon such state- Account to ment, and so often as shall be required at any other time by the lords commis- treasury, § 4. sioners of the treasury in that behalf, deliver to the said lords commissioners of the treasury a full and particular account of the expenses attending the management of the said company, and of the application of the annual income, receipts, and profits, of the said company, for the whole period which shall have elapsed since the delivery of any such preceding account, or which shall be required by the said lords commissioners.

Rule 7. There shall be paid unto His Majesty, in ready money, without Duties of any discount whatever, upon all goods imported into any port of the United customs, § 5. Kingdom, from any place within the limits of the sole and exclusive trade so heretofore granted to the said company as aforesaid, other than and except Exceptions. blubber, train oil, head matter, or whale fins, seal skins, and other produce of fish or creatures living in the seas, taken and caught by the crews of British and Irish-built vessels, a duty of customs of 21. upon every 1007. value of all such goods, and upon vessels according to the tonnage thereof, entering outwards or inwards at any port within the United Kingdom, to or from any place within the limits of the said sole and exclusive trade so heretofore granted to the said company, a duty of customs of 1s. 6d. upon every ton burthen of

55 Geo. 3. c. 57. Valuation of goods, 6.

every such vessel, (a) and all the said duties are and shall be payable, according to the amount thereof, in British currency.

Rule 8. The duties of customs by this act imposed, upon the importation of all such goods, shall be ascertained under all the regulations, and subject to the same forfeitures and penalties as are prescribed for ascertaining and collecting any duties of customs to be paid according to the value of goods, by the several acts in force in Great Britain and Ireland respectively, relating to duties of customs, and ascertaining such value for the purpose of payment of duty; (b) and in case any goods shall not be valued according to the true intent and truly valued. meaning of the said acts respectively, then it shall be lawful for the proper officers of customs to cause the same to be detained, and the said goods shall be dealt with, and the proper officers of customs shall proceed in every respect in the manner prescribed in such case by the said acts respectively, according to the nature and quality of such goods respectively.

Goods not

When and

duties to be paid, &c. 7.

Rule 9. The several duties of tonnage hereby imposed on vessels entering how tonnage outwards or inwards shall be paid to the proper officers of customs appointed to receive the same, each voyage any such vessel shall so enter outwards or inwards at any port within the United Kingdom, and the tonnage of every such vessel being British or Irish-built, or British or Irish owned, shall be computed and taken according to the registers thereof under the provisions of the several acts in force in Great Britain and Ireland, in relation thereto reDoubt as to spectively; (c) and the tonnage of every other vessel, in case of any doubt or size of vessel. dispute relative thereto, shall be ascertained by admeasurement in the mode and manner prescribed and directed by any such acts respectively.

Management

Rule 10. Such of the duties of customs by this act imposed as shall arise of duties, S. in England shall be under the management of the commissioners of customs in England; and such thereof as shall arise in Scotland shall be under the management of the commissioners of customs in Scotland; and such part thereof as shall arise in Ireland shall be under the management of the commissioners of customs and port duties in Ireland.

How duties to Rule 11. The duties of customs granted by this act in respect of the imbe ascertained portation or exportation of any goods, and the duties of customs on vessels and paid, 9. according to the tonnage thereof, shall be respectively managed, ascertained,

lations.

levied, collected, answered, paid, recovered, and allowed, except where any Former regu- alteration is expressly made by this act, in the like manner and by the same ways, as former duties of customs upon goods in general, and also by such special ways respectively, as former duties of customs upon goods of the same sorts, or duties on vessels according to the tonnage thereof respectively, were or might be managed, &c. and the goods whereon duties of customs are by this act charged upon the exportation thereof from the United Kingdom, and all vessels whereon any duties are charged according to the tonnage thereof, are hereby made subject to all the conditions, regulations, seizures, and forfeitures, to which goods in general, and also all the special regulations, seizures, sales, and forfeitures respectively, to which the like goods or vessels whereon any duties are chargeable according to the tonnage thereof, respectively, were subject by any act of parliament in force in Great Britain or Ireland, on the 12th May, 1815, respecting the revenue of customs or such tonnage duties, except where any alteration is expressly made by this act; and all pains, penalties, fines, and forfeitures, of whatever nature the same may be, as well pains of death as others, for any offence whatever committed against or in breach of any act of parliament in force in Great Britain or Ireland respectively on the said day, made for securing the revenue of customs or such tonnage duties, or for the regulation or improvement thereof, and the several clauses contained in any such act shall, unless where expressly altered by this act, be respectively put into execution for the several duties of customs granted by this act, in as full manner as if all the said clauses were particularly repeated and re-enacted in the body of this act, and made part thereof.

(a) These duties will also be found in a separate table under TITLE 259.
(b) See TITLE 12.
(c) See TITLES 2 and 3.

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