forfeitures which may be hereafter incurred, shall and may be prosecuted, and 49 Geo. 3. recovered in any court of record, or of vice admiralty having jurisdiction, in c. 107. the plantation where the cause or prosecution arises; and in cases where there shall happen to be no such courts, then in any court of record, or of vice admiralty having jurisdiction, in some British plantation near to that where the cause of prosecution arises; provided, that in cases where a seizure is made in any other colony than that where the forfeiture accrues, such seizure may be prosecuted in any court of record, or of vice admiralty having jurisdiction, either in the plantation where the forfeiture accrues, or in the plantation where the seizure is made, at the election of the seizor or prosecutor; and in cases where there shall happen to be no such courts in either of the last mentioned plantations, then in any court of record, or of vice admiralty having jurisdiction, in some British plantation near to that where the forfeiture accrues, or to that where the seizure is made at the election of the seizor or prosecutor.

Rule 8. Such seizures, by whomsover made, shall be lodged in the custody whom of the collector and controller of customs at the port where they shall be made, seizures to be or into which they shall be carried for adjudication under the aforesaid provi- lodged with, sions, and shali be subject in respect to the charge, care, sale, and delivery &c. § 2. thereof, to the regulations of the preceding acts of 26 Geo. 3. c. 40. and 28 Geo. 3. c. 34.

be

c. 121. § 11. How persons

may be de

puted to

Rule 9. It shall be lawful for the commissioners of customs in England, to 59 Geo. 3. grant their deputation to any person they may think fit, in the colonies or plantations in America or the West Indies, which now are or hereafter may under the dominion of His Majesty, (although such person may not hold or be appointed to any specific office under the said revenue), authorizing him to seize. make seizures of any vessel, boat, carriage, horses, or other cattle or goods which may be subject to forfeiture under any law relating to the shipping and navigation of this kingdom, or the said colonies or plantations, or to the revenue of customs, now in force or hereafter to be made (although such person shall not bold or be appointed to any office of customs at any specific place), and such person so deputed shall and may make seizures in like manner as any officer of customs, and such person shall be subject to the like penalties as officers of customs; and all seizures made by such persons shall be sued for, prosecuted, and recovered by the like means, ways, and methods, and shall and may be disposed of, and the proceeds distributed in like manner, as any seizure made by officers of customs in His Majesty's colonies or plantations in America or the West Indies, may by any law now in force or hereafter to be made be sued for, prosecuted, recovered, and applied.

TITLE CXXIV.-Silk.

[As to Silk of the British Plantations, see TITLE 1, Rule 14.]
TITLE CXXV.-Skins and Furs.

[As to Skins and Furs of the British Plantations, see TITLE 1, Rule 14.]

TITLE CXXVI.-Smuggling.

Vessels at anchor of

Rule 1. If any foreign vessel whatsoever shall be found at anchor or hover- 4 Geo. 3. ing within two leagues of the shore of any plantation or place, which shall or c. 15. 33. may be in the possession or under the dominion of His Majesty in America, and shall not depart from the coast, and proceed upon her voyage to some foreign hovering. place, within 48 hours after the master of such vessel shall be required so to do by any officer of customs, unless in case of unavoidable necessity and distress of weather, such vessel, with all the goods therein laden, shall be forfeited, whether bulk shall have been broken or not; and shall and may be seized and prosecuted by any officer of customs. (a)

land, § 34.

Rule 2. Nothing herein shall extend to any vessel belonging to the subjects French fishof the French King, which shall be found fishing, and not carrying on any ing vessels of illicit trade, on that part of the island of Newfoundland which stretches from Newfound the place called Cape Bonavista to the northern point of the said island, and (a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100.

4 Geo, 3. c. 15.

Concealed goods, 36.

Goods landed

before pay.

goods in

ported, 37.

from thence running down to the western side, reaches as far as the place called Point Riche.

Rule 3. "And to prevent the concealing any goods in false packages, or private places, on board any vessel arriving at any of the "British plantations in America, with intent to their being clandes

tinely landed there," it is enacted, that all goods which shall be found concealed in any place whatsoever on board any such vessel, at any time after the master thereof shall have made his report to the collector or other proper officer of customs, and which shall not be mentioned in the said report, shall be forfeited, and shall and may be seized and prosecuted by any officer of customs; (a) and the master of such vessel (in case it can be made appear that he was any wise consenting or privy to such fraud or concealment) shall forfeit treble the value of the goods so found.

Rule 4. If any goods whatsoever, liable to the payment of duties in or shipped any British plantation in America by this or any other act of parliament of duty, ment, be loaden on board any vessel outward-bound, or be unshipped or prohibited or landed from any vessel inward-bound, before the respective duties due thereon are paid, agreeably to law; or if any prohibited goods whatsoever be imported into, or exported out of, any of the said plantations, contrary to this or any other act of parliament; every person who shall be assisting, or otherwise concerned, either in the loading outwards, or in the unshipping or landing inwards, such goods, or to whose hands the same shall knowingly come after the loading or unshipping thereof, shall, for each offence, forfeit treble the value of such goods, to be computed according to the best price that each commodity bears at the place where such offence was committed; and all the boats, horses, cattle, and other carriages whatsoever, made use of in the loading, landing, or conveyance of any of the aforesaid goods shall also be forfeited, and shall and may be seized and prosecuted by any officer of customs. (a)

37 Geo. 3. e. 75. $5. Lists to be

produced.

TITLE CXXVII.-Tobacco.

[As to British Plantation Tobacco, see TITLE 1, Rule 14.]

TITLE CXXVIII-Vessels.

Rule 1. The master of every merchant ship trading to His Majesty's plantations shall, within 10 days after his arrival out at any port in the said plantations, and also within 10 days after his arrival home at any port in Great Britain, deliver, upon oath, to be made before the collector or controller of such port, a true and exact list and description of all the crew on board such ship at the time of clearing out from any port in Great Britain, and also of the crew on board the same at the time of his arrival in any port in the said plantations, and also a true and exact list and description of every seaman, or other person who has deserted from such ship, or who has died during the voyage; and also a true account of the wages due to each person so dying, at the time of his death; and every master omitting, neglecting, or refusing so to do, shall, for every such offence, forfeit 501.; and it shall be lawful for every master of any ship, or other person, to inspect such list, from time to time, as he may think proper.

(a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100.

TITLE CXXIX.-Whale-fins.

[As to British Plantation Whale-fins, see TITLE 1.]

TITLE CXXX.-Wood.

[As to British Plantation Fustic, or other Dyeing Wood, see TITLE 1.]

TITLE CXXXI.-Wool.

[As to the places to which British Plantation Cotton Wool may be exported, see TITLE 1.]

c. 10. 19.

Rule 1. No wool, woolfells, shortlings, mortlings, woolflocks, 10 & 11 worsted, bay, or woollen yarn, cloth, serge, bays, kerseys, says, Will, 3. frizes, druggets, cloth-serges, shalloons, or any other drapery stuffs, Articles not or woollen manufactures whatsoever, made or mixed with wool or to be exwoolflocks, being of the product or manufacture of any of the English ported. plantations in America, shall be loaden or laid on board in any vessel, in any place within any of the said English plantations upon any pretence whatsoever; as likewise no such article shall be loaden upon any horse, cart, or other carriage, to be exported or conveyed out of the said English plantations to any other of the said plantations, or to any other place whatsoever; upon the same pains, penalties, and forfeitures to all the offenders herein, within all the said English plantations respectively, as are prescribed and provided by this act for the like offences committed within the kingdom of Ireland; and all governors or commanders-in-chief of the said respective plantations, as also all officers employed in the customs or other branches of His Majesty's revenue there, are hereby authorized, charged, and required to take effectual care, that this act, so far forth as it relates to the said respective plantations, be duly put in execution.

Rule 2. It shall be lawful to export from any place or parts within 46 Geo. 3. any of the British plantations in America to the United Kingdom, any c. 17. (a) wool being of the product of any of the said British plantations.

TITLE CXXXII.-FOREIGN WEST INDIES.

BERBICE, DEMERARA, AND ESSEQUIBO.

Privileges of

Rule 1. ALL the benefits, privileges, and advantages, and all the 56 Geo. 3. rules, regulations, and restrictions, penalties, and forfeitures, in c. 91. 1. 28 Geo. 3. c. 6. (6) with respect to His Britannic Majesty's planta- trade. tions in North America, and in the West India islands, and the countries belonging to the United States of America, and between His Majesty's said subjects and the foreign islands in the West Indies, shall extend and apply, and be in full force and effect, as to the said

(a) A temporary act, continued by 49 Geo. 3. c. 18. to the 25th March, 1819. (b) Intituled, "An act for regulating the Trade between the Subjects of His "Majesty's Colonies and Plantations in North America, and in the West India "Islands, and the Countries belonging to the United States of America; and be"tween His Majesty's said Subjects, and the foreign Islands in the West Indies."

56 Geo. 3. c. 91.

Duty upon

rum, 2.

Subjects of the Nether

lands may

import into Demerara, &c. certain articles,

3.

colonies of Demerara, Berbice, and Essequibo, as fully and effec tually, to all intents and purposes, as if the same were re-enacted in, and separately and severally repeated in this act as to the said colonies of Demerara, Berbice, and Essequibo: any act of parliament, or law, custom, or usage, to the contrary in any wise notwithstanding.

Rule 2. There shall be paid upon every gallon of rum imported into the island of Newfoundland from the colonies of Berbice, Demerara, and Essequibo, the sum of 6d. for every gallon, and no more. Rule 3. "Whereas a convention of commerce and navigation (a) "has been concluded between His Britannic Majesty and His Ma"jesty the King of the Netherlands: and whereas it is expedient to "give effect to such parts of the said convention as require the sanc"tion of parliament;" it is therefore enacted, that it shall be lawful for any of the subjects of His said Majesty the King of the Netherlands, being Dutch proprietors in such colonies, to import from the Netherlands into the colonies of Demerara, Berbice, and Essequibo, in the province of Guiana in South America, all the usual articles of supply for their estates in the said colonies, such articles being necessary and requisite as supplies for the cultivation of the estates, or the clothing, maintenance, and comfort of the residents thereon, and not to exceed what may be deemed necessary for the supply of the particular estates for which they are to be imported, and to be ac tually applied to the purposes of such supply, and not for trade; and in case of seizure by any officer of customs of any importations of such articles, on the ground of their being imported in the way or for the purposes of trade, and not as supplies, the proof that such articles are supplies, and imported under the conditions of the convention, shall lie on the Dutch proprietor importing the same; and in case of such proof being made and given, in consequence of any dispute arising thereupon before the collector or principal officer of customs, who is hereby empowered to administer an oath or take affidavit for the purposes of any such examination and proof under this act, the goods shall be admitted to entry: provided always, that the importer, before such entry shall be allowed, shall enter into bond, with two sureties, in a sufficient sum, to abide the decision of the board of customs in England, upon such seizure: provided also, that wine, as wine to a cer- a medicine and necessary article of supply, may be so imported to such a limited extent as may be necessary for the purposes of such supply as a medicine, and shall be liable to the duty of 10s. per ton, and no more.

Duty on

tain extent.

Exporting

Rule 4. It shall be lawful for any of the subjects of His Majesty from colonies the King of the Netherlands, being Dutch proprietors in such colonies, to export from the said colonies of Demerara, Berbice, and Essequibo, to the Netherlands, the produce of their estates.

to Nether

lands, 4.

Who to be

Dutch pro

prietors, $5.

Rule 5. All subjects of His Majesty the King of the Netherlands, considered as resident in His said Majesty's European dominions, who were at the date of the signature of the said convention proprietors of estates in the said colonies, and all subjects of his said Majesty who may hereafter become possessed of estates then belonging to Dutch proprietors therein, and all such proprietors as being then resident in the said colonies, and being natives of His Majesty's dominions in the Netherlands, may have declared within three months after the publication

(a) See TITLE 68.

of the aforesaid convention in the said colonies, that they wish to 56 Geo. 3. continue to be considered as such; and all subjects of His said Ma- c. 91. jesty the King of the Netherlands who may be the holders of mortgages of estates in the said colonies, made prior to the date of the convention, and who may under their mortgage deeds have the right of exporting from the said colonies to the Netherlands the produce of such estates, shall be deemed Dutch proprietors under the provisions of this act; provided that where both Dutch and British subjects have mortgages upon the same property in the said colonies, the produce to be consigned to the different mortgagees shall be in proportion to the amount of the debts respectively due to them.

and export to

be, 6.

Rule 6. All such importation from the Netherlands into the said In what vescolonies for the supply of estates therein as aforesaid, and exportation sels import of the produce of such estates to the Netherlands, may be carried on in any ships being the property of subjects of His Majesty the King of the Netherlands, wherever built, and without any restriction as to the mariners navigating the same, for the space of five years, commencing from the 1st January, 1816: provided, that the master of every such ship shall produce to the proper officer of His Majesty's customs in the said colonies, respectively, satisfactory proof of the said vessel's being owned by a subject of His Majesty the King of the Netherlands: provided also, that His Majesty the King of the Netherlands may at any time before the expiration of the said five years, if he should think proper, order that such trade shall be carried on only in such ships as are Dutch-built, and whereof the master and three fourths of the crew are the subjects of His said Majesty and provided always, that after the expiration of the said five years no such trade shall be carried on, except in vessels Dutch-built, and whereof the master and three fourths of the crew are subjects of His said Majesty.

to be paid,

§ 7.

Rule 7. All such importations and exportations shall be subject to what duties the same duties as are payable by His Majesty's subjects on importations and exportations of the like articles, and shall be subject to the same regulations for the due landing of any such produce in the Netherlands, as are provided by any act now in force for the landing of the like articles in Great Britain, so far as the same are or can be made applicable.

Rule 8. It shall not be lawful for any person who by virtue of this Trade with act may be entitled to trade between the said colonies and the domi- British domi nions of His Majesty the King of the Netherlands, to export the nions, 8. produce of the before-mentioned estates within the said colonies of Demerara, Essequibo, and Berbice, to any part of the United Kingdom, or to any other of His Majesty's dominions in Europe.

Rule 9. [Importations under convention before sanctioned by law Indemnity, to be deemed lawful; and persons concerned therein indemnified.]

TITLE CXXXIII.-GENERAL REGULATIONS.

§ 9.

Rule 1. No tobacco, pitch, tar, turpentine, hemp, flax, masts, 25 Geo. 3. yards, bowsprits, staves, heading boards, timber, shingles, or lumber (a) c. 6. § 10.

(a) The articles enumerated as lumber in 8 Geo. 1. c. 12. are, deals of several sorts, timber balks of several sizes, barrel-boards, clap-boards, pipe-boards or pipe-holt, white boards for shoemakers, boom and cant spars, bow-staves, cap