whatsoever, shall pay the duties to which feathers for beds shall be 16 Geo. 3. liable. TITLE CLIV.-Fish. c. 48. ઠુ છે. Rule 1. If any ling, herring, cod, or pilchard, fresh or salted, 18 Cha, 2. dried or bloated, or any salmons, eels, or congers, taken by any c. 2. (a) foreigners, aliens to this kingdom, shall be imported, uttered, sold, or exposed to sale in this kingdom, then it shall be lawful for any person to take and seize the same. c. 24. § 13. Rule 2. No fish (except stock fish and live eels) taken or caught by 10 & 11 any foreigners, aliens to this kingdom (except Protestant strangers in- Will, 3. habiting within this kingdom), shall be imported in any foreign vessel In what vesor bottom, not being wholly English property, and uttered, sold, or ex- sels fish may posed to sale, in this kingdom, under the pain of the forfeiture of such be imported. vessel or bottom, with the tackle thereunto belonging, and of all such fish so imported and sold contrary to the true intent and meaning thereof. Rule 3. Nothing in this act shall be construed to prohibit the im- § 14. portation of anchovies, sturgeon, botargo, or cavear, nor selling of mackarel before or after divine service on Sundays. st. 2. c. 18. Rule 4. No herring, cod, pilchard, salmon or ling, fresh or salted, 1 Geo. 1. dried or bloated, nor any grill, mackarel, whiting, haddock, sprats, t. 3. coal-fish, gull-fish, congers, nor any sort of flat-fish, nor any other sort Fish bought of fresh fish whatsoever, shall be imported into, sold, or exposed to of foreigners sale in England, which shall be taken by, bought of, or received from or imported any foreigner, or out of any stranger's bottom, except Protestant vessels. strangers inhabiting within this kingdom, nor shall any person give or exchange any goods or other things in exchange for any sort of fish so taken as aforesaid. in foreign Rule 5. Nothing herein contained shall extend to prevent the im- Exception, porting, buying, or exposing to sale any eels, stock-fish, anchovies, 8. sturgeon, botarge, or cavear. (b) Rule 6. It shall be lawful for any person whatsoever, as well Lobsters and foreigners as British, freely to import, bring into, and sell in the king- turbots, § 10. dom of Great Britain, in any vessel whatsoever, any quantity of lobsters or turbots, whether they be of foreign or British catching. Rule 7. Every person offending against the foregoing act of 1 Geo. 1. 9 Geo. 9. shall forfeit 1001. (c) to be recovered by any informer in any of the c. 33. § 1. courts in Westminster hall, and the master or commander of every contrary to Importing fish smack, boat, or other vessel in which any fish shall be imported or act. brought to shore, contrary to the said act, and this present act, shall forfeit 50l. to be recovered by any informer, and in like manner as aforesaid. Rule 8. No person shall incur any penalty or forfeiture for any Limitation of offence committed against this act, unless the prosecution for the same prosecution, be commenced within 12 months after such offence committed. (a) Originally a temporary act, but made perpetual by 32 Cha, 2. c. 2. (b) Oysters are now charged with duty under TITLE 246. (c) By 26 Geo. 3. c. 81. § 46. the penalties above mentioned are recoverable before two justices of the peace for any county, division, or place, on conviction of the offence; and the whole of the penalty is to belong to the informer. And in case of non-payment of the penalty, with the charges incident to such conviction, immediately upon conviction, the same may be levied by distress and sale of the goods and chattels of the offenders; and for want of sufficient distress, the offenders are to be sent to the common gaol of that division or place, there to remain for one year without bail or mainprize, unless the penalty be sooner paid. $ มิ. 26 Geo. 3. Fresh fish. Summons. Rule 9. If, upon complaint or information, upon oath, made bec. 81. 43. fore any two justices of the peace (having competent jurisdiction in this behalf), it shall appear that such officer doth know, or is credibly informed, or hath cause to believe or suspect, that any fish hath been imported into, or sold or exposed to sale, in the port of London, concontrary to the foregoing acts of 1 Geo. 1. and 9 Geo. 2. and of this present act, or any of such acts, it shall be lawful for the said justices to summon the persons who shall be charged by such complaint or information, to appear before them, at a time and place to be specified in the summons; and in case the parties so summoned shall not appear according to such summons, then, upon due proof made of the service of such summons, either personally, or by leaving the same at their dwelling house, lodging, or other usual place of abode, whilst the parties shall be on shore, or, not being on shore, with some person in the vessel to which they shall then actually belong, to cause such parties to be apprehended, by warrant or warrants under the hands and seals of such justices, and to be brought before them at such time and place as shall be specified in and by such warrant or warrants; and thereupon, whether such parties shall appear upon such summons, or be apprehended as aforesaid, such justices shall and may proceed to hear the matter of such complaint or information, and to adjudge and determine the the same. Witnesses re tend, 44. Rule 10. It shall be lawful for the said justices, before whom any fusing to at such complaint or information shall be made as aforesaid, to summon before them any person, who shall, by such complaint or information, appear to be a necessary witness as to the matter thereby charged, to appear before them, at a time and place to be specified in the summons; and in case such person shall not appear according to such summons, then, upon due proof made of the service of such summons in manner aforesaid, to cause such seaman or person to be apprehended by warrant under the hands and seals of such justices, and to be brought before them, and thereupon, whether such person shall appear upon such summons, or be apprehended as aforesaid, such justices shall and may proceed to examine him upon oath as to the matter of such complaint or information; and in case such person shall wilfully refuse to be sworn, or to give evidence therein, or shall evidently wilfully forswear himself, or prevaricate in his evidence, it shall be prevaricating. lawful for such justices, by warrant under their hands and seals, to commit such person to the common gaol of the county or place for which such justices shall then act, to remain for the space of one whole year, without bail or mainprize. Witness refusing to be sworn, for swearing or Written evi Rule 11. The examination of every person so to be examined as a dence, § 45. witness shall be taken down in writing by or before the said justices; and in case the parties, charged by such complaint or information, cannot be made to appear at the time of such examination, and such witness cannot be made to attend when such parties shall appear, then such examination in writing shall and may be read and made use of, and shall have the force and effect as if such witness were then actually present and examined viva voce. Limitation of actions, 53. Rule 12. Every prosecution in pursuance of this act, for any offence against the preceding acts of 1 Geo. 1. and 9 Geo. 2. shall and may be commenced within the space of 12 calendar months from the time such offence shall have been committed. Rule 13. Fish of every kind of British taking and curing, caught, How fish may or taken in any part of the ocean by the crews of any vessels built in 59 Geo. 3. Great Britain or Ireland, or the islands of Jersey, Guernsey, or Man, c. 5.9 37. or in any of the colonies, plantations, islands, or territories which now be imported or at the time of building such vessels did belong, or which may here- duty free. after belong to or be in the possession of His Majesty, and wholly belonging to and owned by His Majesty's subjects, and navigated and registered according to law, shall and may be imported into Great Britain in ships built, owned, navigated, and registered as aforesaid, without payment of any duty of customs whatever; provided, that before such fish shall be admitted to entry, the master of the vessel in which such fish shall be imported, shall make oath before the collector or other chief officer of customs at the port of importation, that such fish was actually caught, taken, and cured wholly by His Majesty's subjects, TITLE CLV.-Flasks. Rule 1. Nothing in any act of parliament shall extend to charge 27 Geo. 3. any duty upon flasks in which wine or oil may be imported into Great c. 32. § 7. Britain. TITLE CLVI.-Fruit. (a) [By order of the board of customs, dated 4th November, 1814, it is stated, that it has been the practice at some of the out-ports to issue damage certificates for an allowance out of the duties on oranges and lemons imported, and to take proofs in terms of the law, viz. "That such damage arose from unavoidable "accident in the course of the voyage," in cases where in fact there has not been any accident to occasion the damage, but the same has arisen merely from incidental cause, such as natural decay, or from having been packed in an unfit state, such certificates in those cases are not to be issued in future, but the practice may be continued of allowing the merchant to enter them at 500 the chest, and 250 the box, to counterbalance the loss which arises from such decay, &c.; nevertheless, in cases where such fruits may incur damage entirely from unavoidable accident during the voyage, they will be entitled to allowance on the legal proof. (b)] TITLE CLVII.-Glass. [As to Glass from Ireland, see TITLE 40.] Ireland. Glass landed without entry. Rule 1. In case any foreign glass of any kind, liable to the pay- 17 Geo. 3. ment of any customs, or duties by any act of parliament, or law what- c. 39. § 25. soever, imported into Great Britain, shall be landed or put on shore out of any vessel, or unshipped with intent to be put on shore, before due entry be made thereof at the custom house, in the place where the same shall be imported, and the respective duties payable for the same shall be paid or secured, or without a warrant for the landing or delivering of the same, first signed by the commissioners, or proper officers of customs respectively, all such glass shall be forfeited, or the value thereof, and may be seized or recovered of the importer or proprietor thereof, by any officer of customs or excise; (c) and (b) See TITLE 13. (a) As to raisins, figs, and prunes, see TITLE 13. 17 Geo. 3. c. 39. 45 Geo. 3. c. 122. 3. Size of pack ages for cer tain sorts of glass. moreover the master of such vessel, and every other person who shall be any ways concerned, or aiding, in such unshipping or landing of such glass, shall, for every such offence, forfeit 1007. Rule 2. Every package containing any plate or plates of glass unframed, being plate-glass, crown-glass, or glass called sheet glass, which shall be imported into this kingdom, or which shall be brought in for the purpose of exportation, shall contain 5 cwt. nett at least of such glass, and shall measure six cubical feet at least, and be entirely filled with glass, without any other case or package whatever contained therein, and shall be marked or stamped on the outside in Roman letters, not less than four inches in length, with the name or names of the person or persons to whom the same is consigned, and also with the words "PLATE-GLASS," "CROWN-GLASS," or "GLASS "CALLED SHEET GLASS," as the case may be, with the number and sizes contained in the said package, under the penalty of the forfeiture of all such glass so imported contrary to this act: provided Exception. always, that this act shall not extend to forfeit any plate of glass being of the length of 60 inches or upwards, on account. of the same not being imported in packages marked and described as aforesaid. Mister to report, § 4. Other goods, § 5. Rule 3. The master of every vessel in which any such glass shall be imported, or which shall be brought into this kingdom for the purpose of exportation, shall, in the report of his ship's cargo, express every package in which such glass shall be contained, as containing plate-glass, crown-glass, or glass called sheet-glass respectively; and in case any package shall be found on board any such vessel containing such glass, which shall not have been reported as glass according to this act, such package, together with the glass therein contained, shall be forfeited. Rule 4. In case any crown-glass, plate-glass, or glass called sheetin packages, glass, be found inclosed in any case or package whatever containing other goods than such glass, or be found amongst goods so contained in any such case or package, all such glass shall be forfeited, together with double the value thereof. Limitation of Rule 5. If any action be brought against any person for any actions, 7. thing done in pursuance of this act, such action shall be commenced within three calendar months next after the fact committed, and not afterwards. 54 Geo. 3. c. 97. 5. Common glass bottles. Rule 6. Within 20 days next after the master or purser for that voyage of the vessel, wherein any common glass bottles (not being phials) shall be imported into Great Britain, shall have or ought to have made a just and tree entry or report upon oath of the burthen, contents, and lading of such vessel in pursuance of 13 & 14 Cha. 2. c. 11. [TITLE 10.]; the proprietor, importer, or consignee of any such bottles shall make due entry with the collector of excise, in the place where such bottles shall be so imported, of all such bottles on board of such vessel belonging to such proprietor, &c. and before the landing of any such bottles, pay the duty imposed for such bottles, and shall also within such 20 days land all such bottles; and if such proprietor, &c. shall neglect or refuse to make due entry, or to pay such duty, or to land any such bottles (not being phials) within such 20 days, then such common glass bottles, whereof no such entry shall have been made, or in respect whereof such duty shall not be so paid, or which shall not be so landed, shall be forfeited, and shall and may be seized by any officer of 54 Geo. $. excise. (a) c. 97. Broken Glass. Rule 7. If any broken glass, fit only to be re-manufactured, shall be im- 59 Geo. 3. ported or brought into Great Britain, all such broken glass, together with the c. 52. 35. packages in which the same shall be found, shall be forfeited, and shall and may be seized by any officer of customs or excise; (a) and the person importing the same, or aiding therein, or in the landing, removing, or concealing of any such broken glass, or receiving the same, knowing it to have been so imported or brought, shall forfeit 1007., to be prosecuted, recovered, and applied as any other penalty by any law relating to His Majesty's duties of customs and excise. TITLE CLVIII.-Gloves. As to Silk Gloves, see TITLE 177.] As to Vessels having prohibited Goods on board, see TITLE 5, Rule 54.] Leather Rule 1. If any foreign manufactured leather gloves or mitts (6) be 6 Geo. 3. imported, or conveyed into this kingdom, or any part of the British c. 19. § 1. dominions, the same shall be forfeited, and shall be liable to be gloves or searched for and seized by any officer of customs or excise, (a) in like mitts. manner as other prohibited and uncustomed goods are, (c) and shall be disposed of as is hereinafter mentioned: and every person who shall convey, or import, or shall cause to be conveyed, or imported, into this kingdom, or any part of the British dominions, any such leather gloves or mitts, or shall be abetting, or assisting therein; or, being a vender or retailer of any kind of leather gloves or mitts, in whose custody any such foreign gloves or mitts shall be found; or who shall sell, or expose to sale, any such gloves or mitts; or who shall conceal any such gloves or mitts, with intent to prevent the forfeiture or seizure of the same; shall, over and above the forfeiture and loss of such gloves and mitts, and all interest which he may have therein, for every such offence forfeit 2001. together with double costs of suit. (d) proceeded Rule 2. If any such leather gloves or mitts be found and seized in How seized England, out of the cities of London and Westminster, and the goods may be limits of the weekly bills of mortality, and the same shall not exceed against, 2. in value 201. it shall be lawful for two or more of His Majesty's justices of the peace for such county, or place, where the same shall be found and seized, upon information before them that such gloves or mitts were seized as gloves or mitts unduly brought into and not manufactured within this kingdom, to hear and determine the same, and to proceed to condemnation or discharge thereof as shall seem just. Rule 3. After condemnation thereof in due course of law, all such Goods for ezleather gloves and mitts shall be publicly sold, to the best advantage, portation, §3. (a) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100, (b) By 25 Geo. 3. c. 55. § 25. “to extend to all foreign leather, cut into the "form of gloves or mitts, called shapes or tranks, or which shall be cut or pre"pared in any other manner or form, in order to be made into gloves or mitts, "and are not proper or fit to be used for and applied to any other purpose what"soever." A doubt having been entertained, whether the prohibition on the importation of gloves composed of angola rabbits' wool for sale, was removed by 56 Geo. 3, c. 36, [to repeal 3 Ed. 4. c. 4. and I Rich. 3. c. 12. which prohibited the importation of wrought goods and certain other articles] it was stated by order of the board of customs, dated the 24th Dec. 1816, that the prohibition on the importation of gloves by the above act of 5 Eliz. is still in force, (c) See TITLE 10, Rule 23. (d) See TITLE 10, Rule 35. |