55 Geo. 3. "British seamen than other ships, or to employ a smaller number of "lascars and natives of the East, than would be sufficient to make a c. 116. Vessels trading within certain limits, $9. 53 Geo. 8. List of per sons, arms, &c. proper crew;" it is therefore enacted, that every such vessel, so duly registered, and carrying on trade to and from India and the United Kingdom as aforesaid, and manned in part with lascars or natives of India, and which shall be commanded by a British master, and navigated by seven British seamen as part of the crew, for every 100 tons of her registered burthen, and so in proportion for any part of 100 tons, shall be deemed to be navigated according to law, as to the crew of any such vessel, although the number of such British seamen shall not be equal to the proportion of three fourths of the whole crew of such vessel. Rule 39. "And where as it may not always be possible to procure "the due proportion of British seamen, at ports in India, for vessels sailing from India;" it is therefore enacted, that it shall be lawful for any of the governments of the East India Company in India, or for any governor or lieutenant-governor of any colony, territory, or island, belonging to His Majesty, within the limits of the said charter, and they and he are hereby required, on application made by the owner or commander of any vessel, and after having ascertained, by due inquiry, that a sufficient number of British seamen cannot be procured for the crew of any vessel sailing from India, within 10 days from such application to certify the same, and license such vessel to sail with a less proportion of British seamen than required by law; and every such ship, having on board such licence, shall be deemed to be navigated according to law, notwithstanding such deficiency of British seamen, until her arrival at the port of her destination in the United Kingdom; but shall, on the voyage back from the United Kingdom, have the full and proper proportion of seven British seamen to every 100 tons. Rule 40. Nothing in this, or in any other act of parliament, shall extend to require any number of British seamen to be on board, as part of the crew or mariners of any vessel employed in trade only between places within the limits of the charter of the said company, including the Cape of Good Hope; or to prevent any such vessel, while so employed, being manned and navigated wholly or in any proportion as to Asiatic sailors, or lascars, or natives of any territories, countries, islands, or places, within the limits of the said company. TITLE LXXXVIII.-Passengers, &c. Rule 1. No vessel engaged in private trade under the authority of c. 155. § 15. this act (a) shall be permitted to clear out from any port of the United Kingdom, or any place under the government of His Majesty or of the East India Company, situate more to the northward than 11 degrees of south latitude, and between the 64th and 150th degrees of east longitude from London, until the master of such vessel shall have made out, and exhibited to the principal officer of customs, or other person thereto authorized by such government as aforesaid, at such port of clearance, upon oath, a true and perfect list, in such form as shall from time to time be settled by the court of directors, with the approbation of the board of commissioners, specifying and setting (a) For the general regulations of this act, see TITLE 86. forth the names, capacities, and descriptions of all persons embarked, 53 Geo. 3. or intended to be embarked, on board such vessel, and all arms on c. 155. board, or intended to be put on board the same, or be admitted to entry at any port in the said United Kingdom, or any such port within the limits last-mentioned, until the master of such vessel shall in the like manner have made out and exhibited to the principal officer of customs, or other person thereunto authorized as aforesaid, upon oath, a true and perfect list, in form to be settled as aforesaid, specifying the names, capacities, and descriptions of all persons on board, or who shall have been on board such vessel, from the time of the sailing thereof to the time of arrival; and all arms (a) on board, or which shall during such time have been on board such vessel, and the several times and places at which such of the said persons as may have died or left the said vessel, shall have so died or left such vessel, or such of the said arms as may have been disposed of, have been so disposed of. 16. Rule 2. In every case where any such list shall be received, in any Copies of lists port of the said United Kingdom, from any master of any such ves- to be sent, sel, the officer or other person receiving the same shall, with all reasonable despatch, transmit a copy of such list to the secretary of the court of directors of the said company; and in case such list shall be received in any port in the East Indies, or other place within the limits last-mentioned, such officer or other person receiving the same shall, in like manner, transmit a copy of such list to the chief secretary of the government to which the place in which such list shall be received shall be subject. TITLE LXXXIX.-Smuggling. Unshipping ward-bound Rule 1. If any muslin, tea, or other goods whatsoever, shall be 17 Geo. 3. unshipped at sea, and taken out of any vessel employed in the ser- c. 41. 1. vice of the East India Company, on her voyage homewards to this goods at sea, kingdom, at any distance from the coasts thereof, (b) (unless in case from homeof apparent necessity, or some other lawful reason, of which the vessels. master of such vessel shall give immediate notice to, and make proof of before, the collector and controller, or the chief officer of customs, at the first port of this kingdom where he shall arrive); all goods, and every vessel or boat into which the same shall be unshipped and taken, or which shall be used in the removing, carrying, or conveying the same, shall be forfeited; and the master of such vessel from which such goods shall be so unshipped and taken, knowingly permitting such goods to be so unshipped, &c. and every other person who shall be aiding, or otherwise concerned in the unshipping or receiving of such goods, shall forfeit treble the value thereof. sels after leav. Rule 2. If any wine, brandy, or other goods whatsoever, be laden Putting goods on board any vessel employed in the service of the East India Com- on board vespany, at sea, at any distance from the coasts of this kingdom, after ing port, § 3. such vessel hath been cleared outwards, and departed from the port of London on her outward-bound voyage (excepting such provisions and stores as shall be necessary for the use and sustenance of the persons on board such vessel during the voyage), all such goods, (a) See TITLE 100. (8) See TITLE 2, Rule 65; and TITLE 5, Rule 84. 17 Geo. 3. 0. 41. 53 Geo. 3. Vessels in and every vessel or boat out of and from which such goods shall be so unladen, shall be forfeited; and the master of such East India ship, knowingly permitting or suffering any such goods to be so taken on board such ship, and every other person who shall be aiding or otherwise concerned in the unshipping or receiving of the said goods, shall forfeit treble the value thereof. The King against Michael Cork.-Nov. 30, 1813. This was a case of great importance. It was an information filed by the attorney general against the defendant, charging that, on the 13th May last, 12 Bundles of musliu, price} it sold at. 9 Shawls..... he knowingly had aided and assisted in several string of beads,} unshipping from the homeward-bound most of them cornelians. 10 Stuffed birds.... Total 712 13 9 In answer to this case the defendant said, he knew nothing at all about these goods being secreted in hidden parts of his ship; that he did not know of the existence of such places in the ship, and called his sailing-master, Robert Anthony, and a boy of the name of Monday, but without success, to prove that defence. The jury found the single value of the goods to be 712. 13s. 9d. and the law tripled that sum, so that the penalties against the defendant in this case amounted to 2138l. ls. 3d. On the following day, a verdict was also given against Anthony, the master of the vessel, for the same offence, sub jecting him to the penalty of 2138. 1s. 3d. TITLE XC.-Manifests. Rule 1. No vessel engaged in private trade under the authority of c. 155. 14. this act, (a) shall be permitted to clear out from or be admitted to private trade. entry at any place within the United Kingdom, or limits of the East India Company's charter, until the master of such vessel shall have made out and exhibited a true and perfect manifest of the cargo of such vessel, to such persons, according to such form, and subject to such regulations as now are or hereafter may be prescribed by any act passed, or to be passed, for that purpose. 54 Geo. 3. c. 36. (b) § 3. Former manifest act. Rule 2. "Whereas it is necessary, for the security of the public 66 revenue, that additional regulations should be established with re66 spect to manifests, directed to be brought by masters of vessels "arriving in Great Britain from any place within the limits of the "charter granted to the East India Company from His Majesty's "settlement of the Cape of Good Hope, the territories and depen (a) For the general regulations of this act, see TITLE 86. (b) By 58, this act is to continue in force until 10th April, 1819. every c. 36. "dencies thereof, or from the island of St. Helena; " (a) it is there- 54 Geo. 8. fore enacted, that from the 10th April, 1815, the master of vessel, belonging in the whole or in part to His Majesty's subjects, arriving in Great Britain from any of the places before-mentioned, shall have on board a manifest as described and directed by 26 Geo. 3. c. 40. [TITLE 9.] and shall produce and deliver such manifest in the manner directed by the said act; and all the regulations, penalties, and forfeitures, required and directed by the said act, shall remain in force, and be applied to the purposes of this present act, as far as they relate or may be applicable thereto; except where any of the said regulations, &c. are repealed, or in anywise altered by this act. in Great Bri Rule 3. No goods shall be imported into Great Britain, from any Manifest to of the places before-mentioned, in any vessel whatever, belonging in be delivered the whole or in part to his Majesty's subjects, unless the master of every tain, 4. such vessel shall have on board a manifest in writing, signed by such master, and containing the particulars described in the said act; and which manifest shall also contain the name or names (if the same shall be known) of the person or persons to whom any such goods shall be consigned, the time when and the place where any such goods shall have been taken on board; and distinguishing in every manifest the goods which are stowed in the hold, from those which are stowed in other parts of the ship. Rule 4. All alterations which shall, after the completing of any Alterations of such manifests, be made in the stowage of any vessel, by the removal stowage, § 5. of any goods from the hold to any other part of the vessel, or from any other part of the vessel to the hold, or from any one deck of the vessel to any other deck, shall be registered, on the day of such removal, in the log book or journal kept by the master of the vessel, and also in a supplementary manifest which shall be kept for the pur- Supplementpose of registering any such alterations in the stowage of goods by ary manifest. any such removals; and every such supplementary manifest shall be attached to and kept with the original manifest to which it refers. vered and au Rule 5. Before any such vessel shall clear or depart from the place How manifest wherein the lading or any part thereof shall have been taken on board, to be delithe master of every such vessel shall prepare and deliver a manifest in thenticated, writing, as hereinbefore required, to the officer who shall or may be § 6. appointed by the governor, or by the person or persons exercising the powers and authorities of government of any such settlement or place; and such master shall verify upon oath the truth of the contents of the said manifest before the said persons so appointed, and also cause a duplicate thereof to be forthwith made, and to indorse upon the ori- Duplicate. ginal manifest his name, with the day and year on which the same was produced to him; which said original manifest shall then be returned to the said master on or before the clearing or departure of any such vessel; and such officer, so appointed, shall by the first opportunity other than by the same vessel, transmit the said duplicate of such manifest so made as before directed under his hand and seal, to the commissioners of customs in England or Scotland, as the case may require. Rule 6. Every person who shall ship any goods on board any such Marks and vessel shall at the time of such shipment deliver to the master of such numbers, § 7. (a) See TITLE 82. 54 Geo. 3. .. 36. Part of cargo delivered or taken in at another port, $8. Additional manifest. Cape of Good Melena, § 9. vessel a true and exact list in writing, signed with the name of the person so shipping any such goods, describing therein the particular marks and numbers of the several packages; and such master shall insert in the manifest of such vessel the particulars contained in such list, and shall annex such original list to the duplicate of the manifest hereinbefore described and required to be transmitted to the commissioners of customs. Rule 7. In case the master of such vessel, after having departed from the place where the whole or any part of the cargo shall have been first taken on board, proceed in such vessel to any other place hereinbefore described, and there discharge any part of the cargo so taken on board, then the officer so appointed shall indorse upon the manifest, containing the part of the cargo so discharged, an accurate particular, by numbers, marks, and descriptions, of the part of the cargo so discharged, and verify the same, and make out and transmit a duplicate of such indorsement as required in cases of manifest; and in case any such master shall, at such or any other place, take on board any other goods, the said master shall, before his clearance or departure from any such place, prepare and deliver to the officer who may be appointed as aforesaid to receive the same, an additional manifest, containing the like particulars of the goods there taken on board, in every respect as is hereinbefore directed; and such additional manifest shall be authenticated, and the duplicate thereof transmitted in the like manner, in every respect, as hereinbefore is directed and required. Rule 8. If any vessel, in the course of the homeward voyage, Hope and St. shall touch either at His Majesty's settlements of the Cape of Good Hope, or at the island of St. Helena, (a) the master thereof shall produce and deliver to the officers who may be appointed as aforesaid, every original manifest (b) authenticated as aforesaid, and shall again verify on oath, before the said officer, the truth of the manifest; and the officer who may be appointed to authenticate such manifest, at the said settlement of the Cape of Good Hope, or the said island of St. Helena, shall, upon the clearing of every such vessel, immediately transmit a duplicate of such manifest to the commissioners of customs in England or Scotland, as the case may require; but in every case wherein goods shall have been taken on board, either at the said settlement of the Cape of Good Hope or at the island of St. Helena, a Separate ma- separate manifest for such goods shall be produced and delivered to and nifest and du- authenticated by the said officer, and duplicates by him transmitted in the like manner in every respect as is hereinbefore directed and required with respect to manifests. plicate. Where ori to be deli Rule 9. In case the master of any vessel so trading shall not intend, ginal manifest in the course of the homeward voyage, to touch either at His Majesty's vered when settlement of the Cape of Good Hope, or at the island of St. Helena; vessels do not or in case any such master of any such vessel which shall touch touch at Cape either at the said settlement of the Cape of Good Hope or at the $10. island of St. Helena, shall afterwards on the voyage to Great Britain touch at any other place; in every such case, the master of any such vessel shall, at the place from whence he shall clear or take his or St. Helena, (a) See TITLE 82. (6) In the original, the words throughout this act are "a manifest or manifests.” |