wholly or in part of the produce of any place within the limits of the East India Com- 54 Geo. 3. pany's charter into the port of London (excepting such as are employed in the whale c. 228. fishery), shall be deemed a vessel arriving from the East Indies or China with cargoes of produce therefrom, within the purview and intent of the preceding acts and this act; and every such vessel, and the person having the charge or command thereof, shall be subject to the like regulations, penalties, and forfeitures as all vessels arriving from any part of the East Indies or China into the river Thames, with cargoes of produce from the East Indies or China, are by the said acts and this act subject: pro- Vessels from vided always nevertheless, that every such vessel from the Cape of Good Hope, hav- Cape of Good ing a mixed cargo, consisting partly of the produce of the Cape of Good Hope, and Hope having partly of the produce of any places within the limits of the East India Company's a mixed charter, shall be subject only to be charged and chargeable with the rates and duties cargo. payable to the said East India Dock Company, according to the tonnage of such lastmentioned produce only, and not according to the tonnage of such vessel, and shall be constrained to unload and discharge in the said East India Docks such part only of her cargo as shall consist of such last-mentioned produce as aforesaid.

with wine,

$35.

Rule 41. Every vessel arriving from the Cape of Good Hope, or from any place Ships from within the limits of the East India Company's charter, with partial cargoes of wine, the Cape of the produce of the Cape of Good Hope, not being less than 20 pipes, or a quantity Good Hope equal to 20 pipes, shall after such part of the cargo thereof respectively as shall be to be unladen in the East India Docks shall have been discharged, unload or discharge such wines in the London Docks, and shall be charged and chargeable with the rates and duties payable to the London Dock Company, in respect of the tonnage of vessels only, according to the tonnage of the wines so to be unladen in the said London Docks.

Rule 42. In consideration of the additional costs, charges, and expenses of making New rates, and maintaining the said docks, wharf, quays, and warehouses, and of the requisite § 36. establishment of officers, labourers, and workmen in and about the same, it shall be lawful for the said East India Dock Company to demand and take, or cause to be demanded and taken, for their own use and benefit, from the master of any vessel, or by the owners thereof, and of and from the owners or consignees of such goods respectively, in addition to the rates granted and specified in the said acts, and each of them, the several rates hereinafter mentioned and referred to, that is to say:

Rule 43. For every vessel which shall have been unloaded in the said docks, and shall continue in the like docks for more than six months from the time of being unloaded, the sum of one halfpenny per ton (by measurement) per week, for every week which such vessel shall remain in the said docks beyond the said six months after being unloaded ; (a)

Rule 44. For every vessel engaged in private trade, loading outwards in the said docks, not having been before to the East Indies, or not having upon her last or only arrival therefrom unloaded inwards in the said docks, such rates as the said directors of the East India Dock Company, or any five of them, shall think reasonable, not exceeding 4s. per ton, to be paid before such vessel shall depart from the said docks; (a)

Rule 45. And for landing, wharfage, warehousing, care and custody of such goods, New rates on and other incidental charges for and upon all goods imported in private trade, which goods in pri from the passing of this act shall be landed and deposited in the said East India Docks, vate trade. and for the wharfage, warehousing, care, custody, and other incidental expenses of goods to be exported after the passing of this act, from the said East India Docks, such rates and charges as to the directors of the East India Dock Company, or any five or more of them, shall, from time to time, appear reasonable and proper, not exceeding the several rates and charges in the tables (a) annexed to this act specified and set forth; and the said tables, and all regulations and things therein contained, shall be deemed to be part of this act, as fully as if the same were severally enacted and contained in the body of this act.

Rule 46. It shall be lawful for the directors of the East India Dock Company, Company auor any five or more of them, from time to time, to reduce, alter, vary, or dis- thorized to continue any of such last-mentioned rates or charges, and also at any time thereafter, reduce and from time to time, again to revive, raise, or advance all or any of such rates or charges, revive rates, in such manner, either in the whole or in part, and in such proportion, and as to such § 37. articles of charge, as to them shall seem expedient and proper, so as that the said rates and charges, when so advanced, shall in no case exceed the several rates and charges specified and set forth in the said tables: provided always, that when any of such rates or charges shall be so reduced, altered, varied, or discontinued, revived, raised, or advanced as aforesaid, a table and notice thereof shall be put up at some conspi

(a) For tables of rates, see TITLES 267-270.

54 Geo. 3. c. 228.

cuous place at and in the said docks, so as that the same may at all times when the said docks are open be inspected by all persons interested therein.

Return when Rule 47. In case any vessel engaged in private trade, having unloaded her cargo ships are not in the said docks, shall remove from the said docks before loading any cargo outwards, again loaded and shall not load any cargo outwards in the said docks, there shall be allowed and rein docks, turned in respect thereof, whether the same shall be again bound to India or not, the $38. suni of 2s. per ton, and no more, out of every 12s. or 148. respectively, made payable by the said acts, and shall be repaid within one month after such vessel shall be re

How rates to

be recovered and applied, $39.

Liability of owners of

moved from the docks.

Rule 48. All rates and sums of money hereby granted and allowed to be taken by or for the use of the East India Dock Company, shall be payable, received, and recovered in the manner specified in the 43 Geo. 3. (a) and all such rates and sums of money as shall be collected or received by the East India Dock Company, by virtue of this act, shall be applied and disposed of in manner directed by the said acts and this act, for carrying the several purposes of the said acts and this act into execution.

Rule 49. The owners and commanders of all private vessels, loading or unloading in the said East India Docks, shall be answerable and liable to the owners and proprivate ships, prietors of the goods to be exported or imported therein, for the due stowage and de$40. livery of their cargoes, according to the true intent and meaning of any contracts, charter parties, or agreements, at any time made or entered into, or to be made or entered into, by and between the said owners and commanders respectively, and the owners or proprietors, in like manner as if the said vessels had continued to be loaded and unloaded in manner heretofore accustomed, and as if this act had not been made. Rule 50. The lords commissioners of the treasury shall, by writing under their treasury may hands, make and issue such orders, directions, and regulations as they shall from time make orders to time deem necessary or expedient, in respect to the admission of barges, lighters, for facilitating and craft into the said docks, also in respect of the packing, securing, searching, exbusiness,

Lords of

$41.

For prosecu

ting persons guilty of felony, § 43.

amining, removing, and warehousing all or any goods, the produce of any place within the limits of the East India Company's charter, and for facilitating the business to be transacted at the said East India Docks in the landing or loading any goods to be removed from or conveyed to any vessel, barge, lighter, or craft, at or in the said docks, or in the transit of any goods to or from any warehouse or other place and all such orders, directions, and regulations shall be observed and performed by such united company and East India Dock Company respectively, and all other persons whomsoever; and all rates or sums of money thereby directed to be paid to the East India Dock Company for any thing to be done by them in pursuance of such orders, directions, or regulations, shall and may be taken, recovered, and applied in the same manner as the rates made payable to them by virtue of this act.

Rule 51. From the passing of this act it shall be lawful for the East India Dock Company, and they are hereby empowered to prefer any indictment against any person feloniously taking, stealing, or embezzling any goods, chattels, or property of or belonging to the said company, or any goods, chattels, or property in their custody or possession, or in the custody or possession of any officer or servant of the said company, or officer of customs or excise for and on behalf of the said company, or of any other person having deposited such goods, chattels, or property in the care or custody of the said company, or their officers or servants, or in or on any of the wharfs, warehouses, or premises belonging to the said company, for the safe custody of which goods the East India Dock Company are by law accountable; and in all such indictments such goods, chattels, and property may be laid and stated to be the goods, chattels, and property of the East India Dock Company, and that the same were feloniously stolen or embezzled from the East India Dock Company, and it shall be sufficient on any such indictment to prove that such goods, chattels, and property were, at the time of the feloniously taking or stealing, or embezzling thereof, in or on any of the wharfs, warehouses, or premises belonging to the said company, or in the custody or possession of any officer or servant of the said company, or oflicer of customs or excise, for or on behalf of the said company, or of any person, or body corporate or politic, having deposited the same with the said company without any other proof of property.

(a) See Rules 1-6 of this title.

TITLE CCXXXIX.-WEST INDIA DOCKS.

[As to the exemption from the Auction Duty on Goods sold by Order of the Direc- Auction duty. tors of the West India Dock Company, see TITLE 237.]

[As to Pilots, see TITLE 237.]

[For Dock Rates, see TITLES 271 and 272.]

Pilots.
Rates.

Rule 1. ALL goods and things whatsoever, which shall be landed or shipped upon 39 Geo. 3. or from the quays or wharfs intended to be built in or near the West India Docks, shall c. 69. (a) be subject to the like tolls, duties, dues, customs, and to the like regulations respect-85. ively, as if the same were landed upon or shipped from the present legal quays within Regulations. the city of London, or as if the same intended quays or wharfs were situated within the said city, except in such cases as are hereinafter specified.

Rule 2. The quays and wharfs which shall be built by the West India Dock direc- Legal quays, tors, within or along the sides or banks of such of the said docks as shall be enclosed § 86. and defended on all sides by high walls and strong and sufficient gates, are hereby declared to be legal quays and wharfs for the landing, re-landing, and discharging, lading, and shipping of any goods whatsoever within the port of London.

Rule 3. Vessels which shall arrive from the West Indies into the river Thames Where veswith cargoes of West India produce shall unload and land the whole of their respective sels from the cargoes within the West India Docks, or on the quays or wharfs which shall belong West Indies thereto, and the duties which shall be payable to His Majesty in respect of the same shall unload, shall thereupon be ascertained at such quays or wharfs, and not elsewhere, and the § 87. goods, being West India produce, in respect whereof such duties shall be payable, may afterwards be deposited in any such warehouses as the owner or consignee thereof shall think proper; and in case any such goods, being West India produce, shall be landed from any vessel in the West India trade, in any other place in or near the port of London than the said quays or wharfs within the said docks, the goods so to be landed shall be forfeited to His Majesty, and may be seized by any officer of customs or excise, and disposed of according to law; and the owner or master of any such vessel shall, for every such offence, forfeit 100l.

Rule 4.

Such parts of the respective cargoes of the vessels arriving from the West Tobacco, Indies into the river Thames as shall consist of tobacco shall, as soon after being un- § 88. shipped in the said docks as conveniently may be, and without any previous ascertainment of the duties thereof, be conveyed in carts or decked lighters to some of the King's tobacco warehouses for the time being, at the charges of the West India Dock Company, who shall receive from the owners thereof, or their factors or agents, and before the tobacco shall be taken out of the said dock premises, such recompense for so conveying the same, and after such rate, as shall not exceed what for the time being shall be the whole expense of conveying tobacco from the tobacco ships at their proper moorings in the said port, to the King's tobacco warehouses.

Rule 5. If, at any time, it should happen, that any vessel which shall have come When vessels from the West Indies into the river Thames, cannot be admitted into and unload in cannot go into the said docks, any three or more of the commissioners of customs in England may docks, § 89. permit the cargo of any such vessel to be discharged at such other place within the port of London as they shall direct.

Rule 6. Any three or more of the said commissioners, by writing under their Vessels from hands, may order that any vessel which shall arrive into the river Thames from any other parts other part of the world than the West Indies, with goods on board of the growth and with West produce of the West Indies, shall unload and land so much of her cargo as shall con- India pro sist of any such last-mentioned goods, within the said docks, or on the quays or duce, ý 90. wharfs which shall belong thereto, and the King's duties in respect of the same shall thereupon be ascertained at such quays or wharfs, and not elsewhere; and every such order, after being delivered on board of any such vessel, to or for the person having the charge or command thereof, shall be obeyed accordingly: and if any such goods being of the growth or produce of the West Indies, shall be afterwards landed from such vessel, in any other place in or near the port of London than the said quays or wharfs, then the goods so to be landed shall be forfeited to His Majesty, and may be seized by any officer of customs or excise, (b) and disposed of according to law, and the owner or master of any such vessel shall, for every such offence, forfeit 100l. After all the goods of the growth or produce of the West Indies, on board of any such ship so arriving, shall be unshipped in any of the docks, and the tonnage duty pay

(a) Local and personal act.-The regulations of this and the following West India Dock Acts are to apply during the term of 21 years from the time the docks, &c. shall be fit for the reception of goods. (b) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100.

39 Geo. 3. c. 69. Outward

able in respect thereof, shall be paid, such ship shall be forthwith permitted to go into the river Thames to discharge the remainder of her cargo.

Rule 7. Such of the vessels belonging to or frequenting the port of London, as bound vessels, shall be used in the West India trade, shall, when outward bound to the West Indies, $91. take in all their respective cargoes, either in the said docks, or in such part of the river Thames as shall be below the entrance into the canal at Blackwall, on failure of which the owner or master of such vessel shall, for every such offence, forfeit 100l. Naval stores. But any such vessel, when engaged to take on board naval stores at the King's dock yard, or victualling office at Deptford, for His Majesty's service, shall be permitted so to do, on producing to the dock master, or his known assistant, a certificate of such vessel being so engaged, from one or more of the commissioners of His Majesty's navy or vessel.

Where goods shall be landed and

Rule 8. No vessel, barge, or boat, shall land or ship any part of her cargo upon the banks of any of the said docks, basons, or cuts, except such places as shall be assigned by the directors for the loading and discharging of such cargoes, upon pain shipped, 98. of forfeiting, for every such offence, any sum not exceeding 1001. and of forfeiting to His Majesty such of the goods as shall be liable to the payment of any duty to His Majesty on such lauding or shipping, which goods may be seized by any officer of customs or excise, (a) and disposed of according to law.

Gunpowder and combus tible articles, § 102.

Tonnage

Rule 9. All such vessels, barges, and boats, as shall have on board more than 1 lb. of gunpowder, shall, before they enter any of the said docks, or of the basons or cuts which shall belong thereto, land all their gunpowder, and unload and clear their guns; and no tar, pitch, rozin, hemp, flax, faggots, furze, turpentine, oil, hay, straw, tallow, grease, shavings of wood, or combustible matter of any kind, shall remain on the quays or wharfs aforesaid, or upon the deck of any vessel in any of the docks, basons, and cuts, above 12 hours; and in case the owner of such things, or the master or mate of any vessel, shall make default herein, he shall forfeit, for every such offence, a sum not exceeding 10l. nor less than 51.

Rule 10.

No collector of customs, inwards or coastwise, in the port of London, duty, 144. shall permit any vessel, on which duties of tonnage are by this act imposed, to be entered inwards from foreign parts or coastwise, until the master of such vessel shall have paid such duties, and shall have produced to the said collector a certificate from the collector of the said duties, certifying that such duties due on the vessel have been fully paid; nor shall any collector of customs, outwards or coastwise, in the said port, permit any vessel, on which duties of tonnage are by this act imposed, to be cleared outwards, until the master of the vessel shall have paid to the said collector the full duties of tonnage imposed thereon, which payment shall be made appear by the signature of the said collector to the documents which must necessarily be produced to him at the time of clearing any such vessel, either outwards to foreign parts, or coastwise outwards, as the case may be; which certificates and signatures such colletors are to sign and give, upon pain of forfeiture of 20l. with costs of suit.

42 Geo. 3. c. 113. (b) $7.

Locking and

opening of

Rule 11. The docks, quays, wharfs, and warehouses, which shall be enclosed within a wall or walls and gates, authorized to be made and built under this and the preceding act, and also the hatches of such vessels as shall, from time to time, lie in the said docks, with goods on board, shall be under the joint locks of the West India Dock: Company, and of the commissioners of customs and excise, or of their respectgates, hatches, ive officers, and shall be locked and opened only in the joint presence of one or more officers of the said company, and of the said commissioners, respectively; and every officer refusing or neglecting to attend at the locking up and opening of the said gates, doors, or hatches, at the proper times, shall, for every such offence, on conviction, forfeit any sum not exceeding 50l. nor less than 201.

&c.

When hatches

down, &c. §13.

main on

Rule 12. Upon the arrival of any vessel in the river Thames, with a cargo of of vessels shall West India produce, the master of her shall, on or before her arrival at Gravesend, be locked securely lock down, with sufficient locks and other fastenings, to be provided at the expense of the owner of such vessel, all the hatches leading to or connected with her cargo; and, from the time of such arrival, the master shall remain constantly on Master to re- board of the vessel, and keep the hatches so fastened until she be safely moored in one of the said docks, and until such master shall have delivered the keys of such locks or fastenings to such officer or servant of the said company as shall be duly authorized to receive the same. In case any such master refuse or neglect to provide such Jocks and fastenings, to fasten down the hatches as aforesaid, or to keep the same so fastened down, or leave such vessel after her arrival at Gravesend, and before she shall be safely moored and the keys so delivered, or refuse to deliver the keys to such

board.

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

officer or servant, within two hours after such mooring, every such master, for every 42 Geo. 3. such offence, on conviction, shall forfeit any sum not exceeding 50l. nor less c. 113. than 20%.

Rule 13. Every master of any vessel, which shall arrive in the river Thames When report from the West Indies, shall make his report of such vessel, and of her cargo, at the shall be made, custom house in London, within 24 hours after her arrival within the said docks, and and manifests shall also, within 48 hours after such vessel and cargo shall be so reported, cause to delivered, be delivered two true copies of the manifest of the cargo of such vessel, at the prin- § 14. cipal office or house in London used for the management of the affairs of the said company, to such officer or servant as shall be appointed for the receipt thereof; and every such master refusing or neglecting to make such report, or to deliver two true copies of such manifest within the respective times, and in the manner before directed, shall, for every such offence, on conviction, forfeit any sum not exceeding 50l. nor less than 201.

Rule 14. In case goods, the produce of the West Indies, shall be brought into Goods not any of the said docks, basons, or cuts, on board of any vessel, and shall not be entered within duly entered at the custom house in London, and also at such other office of His seven days, Majesty's revenue as shall be required by law, within seven days after the vessel 15. importing the goods shall have been reported at the custom house, the proper officers of the West India Dock Company, on the ensuing day (not being a Sunday, Christmas-day, or Good Friday, or a day appointed by His Majesty's proclamation for the purpose of a general fast or thanksgiving), shall cause such goods to be duly entered at the custom house, or other proper revenue office, and thereupon to pay or give security, according to law, for the payment of the duties to which the same shall be subject; and forthwith land and warehouse the goods, and retain the same as a security for the payment of the duties to which they shall be subject, and the rates and duties payable thereon to the said company, and the expenses of entering the same, with the charges by this act payable to the said company for making such entry. In case the said duties, rates, charges, and expenses, shall not be discharged by the proprietor or consignee of such goods, within one calendar month after such entry shall be made thereof by the officers of the said company, the directors are authorized to sell such goods, or any part thereof, to answer the duties, rates, charges, and expenses, with the expenses attending such sale, and legal interest for any sum of money which may be advanced or disbursed on account thereof, rendering the overplus (if any) of the money arising by the sale, and such of the goods as shall remain unsold, to the proprietor or consignee thereof, who shall be liable to make good the deficiency which may arise from the proceeds of the goods. proving inadequate to the amount of such duties, &c. But the court of directors of the said company are authorized to remit the whole or any part of the charges to be paid to the company for making entries of goods as aforesaid, under any special circumstances, which shall appear to the said court to warrant such remission.

Rule 15. In case any goods as aforesaid remain unentered at the propen revenue Goods not offices for eight days after the vessel importing the same shall have been reported at entered within the custom house (or for nine days when such eighth day shall happen to be Sunday, eight days, Christmas-day, or Good Friday, or a day appointed for general fast or thanksgiving), 16. the officers of customs or excise, whose duty it shall be to attend the unlading of such vessel, are required to seize on behalf of His Majesty all such goods as shall so remain unentered, in order to secure the duties payable to His Majesty in respect thereof, with the charges of such seizure, and all expenses which shall be occasioned thereby, and thereupon shall forthwith proceed to land and warehouse the same; and in case the whole of the duties and expenses, and the rates and duties payable to the said company, shall not be paid within one calendar month from the time of the seizure of the goods, any two or more of the commissioners of customs or excise, immediately after the expiration of such month, may direct the same to be sold, and the proceeds arising from such sale (after payment of the rates and duties which shall be payable to the said company) to be applied according to 12 Ann. stat. 2. c. 8. (a)

Rule 16. No vessel which shall arrive in the Thames with West India produce When vessela on board shall be permitted to break bulk, or land any part of her cargo, until the may break whole of such cargo shall be duly entered at the custom house, or other proper re- buik, § 17. venue office (except in the case of seizure before mentioned); and every such vessel shall be placed along the side of one of the said quays, in order that the cargo thereof may be discharged upon such quay. Such vessels shall be so unloaded upon When vessels one of the said quays in due succession, according to the respective times when the to be discharged.

(a) See TITLE 10, Rule 29 (in note).