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is, consequently, now enabled to present all their ramifications in a condensed form. The arrangement adopted has been thus,

BRITISH WEST INDIES,

FOREIGN WEST INDIES,

FREE PORTS,

BRITISH AMERICA,

UNITED STATES OF AMERICA,

SOUTH AMERICA.

The regulations concerning the particular trade between Great Britain and her colonies, are in many cases so intimately connected with the general trade, that some difficulty has been experienced in selecting those relating exclusively to the British West Indies. The object has been to insert under this title those laws which concern the import and export of goods into and from the British West Indies alone but where such goods are also liable to regulations in Great Britain, such regulations are inserted, accordingly, under other titles.]

[As to the importation of Oranges and Lemons from the Azores and Azores or the Madeiras, see TITLE 72.]

Madeiras.

[As to exporting Sugar, Coffee, and Cocoa to ports of Europe south Europe. of Cape Finisterre, see TITLE 73.]

[As to exporting goods to and importing goods from Gibraltar and Gibraltar and Malta, see TITLE 74.]

Malta.

In what ves

Rule 1. No goods whatsoever shall be imported into, or exported 7 & 8 Will. 3. out of, any plantation to His Majesty, in Asia, Africa, or America, c. 22. belonging or in his possession, or which may hereafter belong unto or sels goods be in the possession of His Majesty, or shall be laden in, or carried may be imfrom, any one place in the said plantations or to any other place in ported, &c. the same, or the kingdom of England, in any ship or bottom, but what is or shall be of the built of England, or of the built of Ireland, or the said plantations, and wholly owned by the people thereof or any of them, and navigated with the masters and three fourths of the mariners of the said places only (except such ships only as are or shall be taken as prize, and condemnation thereof made in one of the Prize vessels. courts of admiralty in England, Ireland, or the said plantations, to be navigated by the master and three fourths of the mariners English, or of the said plantations as aforesaid), and whereof the property doth belong to Englishmen. (a)

Rule 2. Goods may be exported or imported to and from this king- Prize vessela, dom, the plantations and places aforesaid, in any such ships as are or 93. shall be taken as prize, and whereof condemnation shall be made in one of the courts of admiralty aforesaid, and shall be navigated, as aforesaid, by the master and three fourths of the mariners English, and whereof the property shall belong to Englishmen.

Rule 3.

§ 4.

All who hereafter shall be made governors or commanders Governors to in chief of any English plantation, before their entrance into their take oaths, government, shall take a solemn oath (b) to do their utmost, that all the clauses in the above act of parliament relating to the said plantations, and that all the clauses in this present act, be punctually and bona fide observed according to the true intent and meaning

(a) See also TITLes 1, 2, 3.

(b) See also TITLE 114.

C. 22.

7 & 8 Will. 3. thereof (which oath shall be taken before such persons as shall be appointed by His Majesty), so far as appertains unto the said governors or commanders in chief respectively; and upon complaint and proof made before His Majesty, or such as shall be by him or them thereunto authorized and appointed, by the oath of two or more credible witnesses, that any the said governors or commanders in chief have neglected to take the said oath at the times aforesaid, or have been willingly negligent in doing their duty accordingly, the said governor so neglecting or offending shall be removed from his government, and forfeit the sum of 1000l. sterling.

Powers of

&c.

Rule 4. The officers for the collecting and managing His Majesty's officers, § 6. revenue, and inspecting the plantation trade, in any of the said plantations, shall have the same powers and authorities, for visiting and searching of ships, and taking their entries, and for seizing and securing or bringing on shore any of the goods prohibited to be imported or exported into or out of any of the said plantations, or for which any duties are payable, or ought to have been paid, by any of the before-mentioned acts, as are provided for the officers of customs (a) in England by 14 Cha. 2. c. 11. (b) [TITLE 10.] also to enter houses or warehouses, to search for and seize any such goods; and all Wharfingers, the wharfingers or other persons assisting in the conveyance, concealment, or rescue of any of the said goods, or in the hindering or resistance of any of the said officers in the performance of their duty, and the boats, barges, lighters, or other vessels employed in the conveyance of such goods, shall be subject to the like pains and penalties as are provided by the same act, in relation to prohibited or uncustomed goods in this kingdom; and the like assistance shall be given to the said officers in the execution of their office as by the said act is provided for the officers in England; and also the said officers shall be subject to the same penalties and forfeitures, for any corruptions, frauds, connivances, or concealments, in violation of any the beforementioned laws, as any officers of customs in England are liable to, General issue. by virtue of the said act; and also in case any officer in the plantations shall be sued or molested for any thing done in the execution of his office, the said officer shall and may plead the general issue, and shall give this or other custom acts in evidence, and shall have and enjoy the like privileges and advantages as are allowed by law to the officers of customs in England.

Assistance.

Penalties.

Plantation

nant to acts, $9.

Rule 5. All laws, by-laws, usages, or customs, at this time, or laws repug which hereafter shall be, in practice, or endeavoured or pretended to be in force or practice, in any of the said plantations, which are in any wise repugnant to the before-mentioned laws, or any of them, so far as they do relate to the said plantations, or any of them, or which are any ways repugnant to this present act, or to any other law hereafter to be made in this kingdom, so far as such laws shall relate to and mention the said plantations, are illegal, null, and void, to all intents and purposes whatsoever.

Rule 6. In cases where the governor or officers appointed by the

(a) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100. (b) By 7 Geo. 3. c. 26. § 10. writs of assistance, pursuant to 14 Cha, c. 2. 11. and the above act, to authorize officers of customs to enter into any house, warehouse, or other place, in the British plantations in America, to search for and seize prohibited or uncustomed goods, shall be granted by the supreme court of justice having jurisdiction therein.

suspected to

commissioners of customs in the plantations shall have reasonable 7 & 8 Will. 3. ground of suspicion that certificates are false; that is to say, that the c. 22. § 10. certificate of having given security (a) in England is false, in such Certificates case the governor or officers of customs shall take sufficient security be false. there for the discharge of the plantation lading in England; and in case there shall be cause to suspect that the certificate of having discharged the lading of plantation goods in this kingdom is false, the governor or officers aforesaid shall not cancel or vacate the security given in the plantation, until he or they shall be informed from the commissioners of customs in England that the matter of the said certificate is true; and if any person shall counterfeit, rase, or falsify any Counterfeitcocket, certificate, return, or permit, for any vessel or goods, or shall ing docuknowingly or willingly make use thereof, such person shall forfeit 5001, and the cocket, &c. shall be invalid, and of no effect.

TITLE CVIII.-Aliens.

[As to Aliens acting as Merchants in the British West Indies, see TITLE 1.]

TITLE CIX.-Ashes.

[As to Ashes of the British plantations, see TITLE 1.]

TITLE CX.-Bribes.

ments,

Rule 1. If any officer of customs shall, directly or indirectly, take 4 Geo. 8. or receive any bribe, recompense, or reward, in any kind whatsoever; c. 15. § 88. or connive at any false entry, or make any collusive seizure or agreement; or do any other act or deed whatsoever, by which His Majesty shall or may be defrauded in his duties, or whereby any goods prohibited shall be suffered to pass either inwards or outwards, or whereby the forfeitures and penalties inflicted by this or any other act of parliament relating to His Majesty's customs in America may be evaded, every such officer therein offending shall, for each offence, forfeit 500l., and be rendered incapable of serving His Majesty in any office or employment, civil or military: and if any person whatsoever shall give, offer, or promise to give, any bribe, recompense, or reward, to any officer of customs, to do, conceal, or connive at, any act, whereby any of the provisions made by this or any other act of parliament relating to His Majesty's customs in America may be evaded or broken, every such person shall, for each such offence (whether the same offer, proposal, or promise, be accepted or performed, or not), forfeit 501. (b)

TITLE CXI.-Cocoa Nuts, Coffee, Spirits, and Sugar.

Rule 1. No coffee (d) shall be suffered to be put on board any & Geo. 2.

(a) As to bonds, see TITLE 1.

(b) See TITLE 15.

(c) Originally a temporary act, but by 49 Geo. 3. c. 20, these sections are made perpetual.

(d) By 23 Geo. 3. c. 70, these regulations are extended to cocoa nuts.

c. 24. (c)

§ 8.

5 Geo. 2. c. 24.

growth.

vessel in any of His Majesty's plantations in America, until the planter or grower of such coffee, or his known agent, shall make oath or Certificate of affirmation in writing before two of His Majesty's justices (a) of the peace in or near the place where the said coffee grew, that the same is actually of the growth and produce of such planter's or grower's plantation lying in the district, division, or parish of within the island or colony of which oath or affirmation shall be produced to the collector, controller, and naval officer, or any of them, by the person who shall enter or ship such coffee, before the shipping and entry thereof for Great Britain; and such person shall likewise make oath or affirmation before the said officers, or any two of them, that the coffee then to be shipped is the very same coffee, and no other than what is mentioned in such oath or affirmation of the planter or grower, or his known agent as aforesaid, which oath or affirmation the collector and controller of customs, and naval officer, at the port where the said coffee is to be loaded, or any two of them, are impowered to administer; and the said collector and controller, and naval officer, are hereby required to deliver a certificate of such affidavit or affirmation, under their respective hands and seals, to the commander or master of such vessel, on board of which the said coffee is to be shipped; and the master of such vessel shall, before clearing his vessel, also make oath in the like manner, that he has received such coffee on board his vessel, and that he has no more or other coffee on board his vessel than such for which proofs shall be made as aforesaid, and that he will not take or receive any more coffee on board before his arrival in Great Britain, and making a report of his lading there; and all certificates (b) of such affidavits or affirmations shall, by the master of such vessel importing such coffee into this kingdom, be produced by such master of the vessel, to the collector and controller of customs at the port where such ship shall unlade at the time of making his report, and shall at the same time deliver to such collector and controller a certificate, under the hands and seals of the collector and controller of customs, and naval officer, of the place where such coffee shall have been shipped, or any two of them, testifying the particular quantities of such coffee which shall be so laden, and of which such proofs shall be made as aforesaid, specifying the packages in which the same is contained, with the particular marks, numbers, and weights of each package; and the said master shall likewise make oath, or if he be one of the people called Quakers, solemnly affirm before them, that the coffee in the said certificate mentioned was truly taken on board, as in the said certificate is expressed, and that after his departure from the place where such coffee mentioned in the said certificate was laden, he did not take on board, or permit to be laden on board, his vessel, either at sea or elsewhere, any parcel of coffee, and that all the coffee on board his said ship is mentioned and set forth in the said certificate, and the importer or proprietor of any parcel of coffee, or any other person who shall be employed by such importer or proprietor to make an entry with the receiver or collector of the inland duty, shall deliver to the said receiver or collector the said certificate of the affidavit or affirmation of the growth of the said coffee in

(a) See Rule 15 of this title.

(b) As to dispensing with the certificates by the excise, see Rule 14 of this

the British plantations, made before the collector and controller of 5 Geo. 2. customs, or naval officer, together with the said oath or affirma- c. 24. tion made as aforesaid by the master of such vessel, at the port where such coffee was taken on board, together with the oath or affirmation, or a copy thereof, made by the planter or grower before two of His Majesty's justices of the peace there in the manner before directed; as also the said certificate of the package, marks, and numbers of the coffee so laden on board; which said certificate, oath, or affirmation, shall remain with the said collector or receiver of the said inland duty.

Rule 2. If any person shall falsely make any oath or affirmation by False oath or this act directed to be made, and shall thereof be legally convicted in certificate, any of His Majesty's courts of record in Great Britain, or in any of 5. the courts of admiralty in any of the said plantations where such offence was committed, such person so guilty shall forfeit 2001. and be imprisoned for the space of 12 months; and if any person shall forge Forging, &c. or counterfeit a certificate of the said oath or affirmation, or shall publish such certificate, knowing the same to be forged or counterfeited, and be legally convicted thereof in any of the courts aforesaid, such person shall forfeit 2007.

Commanders

Rule 3. No commander of any vessel shall take in, or suffer to be 23 Geo. 3. taken in, at any of His Majesty's plantations in America, or at sea, c. 79. § s. or in any place in America, or shall land or suffer to be landed, out taking in, &c. of any vessel in any of the said plantations, any cocoa nuts of the foreign cocoa growth or produce of any foreign country, (except such cocoa nuts nuts. as shall be regularly exported from Great Britain,) on pain of forfeiting all such cocoa nuts, and 2001. and likewise shall suffer 12 months' imprisonment.

Foreign

spirits.

Rule 4. No rum or spirits of the produce or manufacture of any of 4 Geo. 3. the plantations in America, not in the possession or under the do- 15. 18. minion of His Majesty, shall be imported into any of the plantations in America, which now are, or hereafter may be, in the possession or under the dominion of His Majesty, upon forfeiture of all such rum or spirits, together with the vessel in which the same shall be imported, with the tackle, &c. thereof; to be seized by any officer of customs. (a)

and paneles,

20.

Rule 5. Every person loading on board any vessel, in any of the Certificate of British plantations in America, any rum or spirits, sugars or paneles, growth of molasses (b) or syrups, as of the growth, product, or manufacture of spirits, sugar, any British plantation, shall, before the clearing out of the said vessel, produce and deliver to the collector or other principal officer of customs at the loading port, an affidavit signed and sworn to before some justice of the peace in the said British plantations, either by the grower, maker, or shipper of such goods, or his known agent or factor, expressing, in words at length and not in figures, the quality of the goods so shipped, with the number and denomination of the packages, and describing the name of the plantation where the same grew or were produced and manufactured; which affidavit shall be attested, under the hand of the said justice of the peace, to have been sworn to in his presence: and the collector or other principal officer of cus

(a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100. (b) By 6 Geo. 3. c. 52. § 29. so much of the above act as relates to any proof or certificate with respect to the growth, produce, or manufacture of British molasses or syrups, is repealed.

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