Geo. 3.

267.

Captains per

as such officers shall find or discover to be laid on board, or intended to be laid on board, of any vessel or boat which shall be bound to some place in parts beyond the seas (except to Ireland), contrary to this act, with all other goods packed therewith (if any such there be), and they are hereby indemnified in so doing; and all tools, &c. or parts thereof, together with the packages and goods packed therewith, so seized and secured, shall, after condemnation thereof in due course of law, be publicly sold to the best bidder, by order of the commissioners of customs in Great Britain.

Rule 22. If the captain or master of any vessel or boat in Great mitting, 3. Britain shall knowingly or designedly suffer any tool, utensil, or implement, or part thereof, or any model or plan, or part thereof, by this act prohibited to be exported as aforesaid, to be put on board his said vessel or boat, every such captain or master shall, for every such Government offence, forfeit 2007.; and if the said vessel or boat shall belong to

vessels.

Officers taking entry, 4.

Collecting

tools, &c. § 5.

Accused per sons not give tory account.

His Majesty, then the captain or master thereof shall not only forfeit 2007. but shall also forfeit his employment, and be incapable of holding any office or employment under His Majesty.

Rule 23. If any officer of customs in Great Britain shall take, or knowingly or willingly suffer to be taken, any entry outward, or shall sign any cocket, warrant, or sufferance, for the shipping or exporting of any of the said tools, utensils, or implements, or any part thereof, or any of the said models or plans, or any part thereof, by this act prohibited to be exported, or shall knowingly or willingly suffer the same to be done, directly or indirectly, contrary to this act, every such officer of customs shall, for every such offence, forfeit 2001. and shall also forfeit his office, and be incapable of holding any office or employment under His Majesty.

Rule 24. If any person hath in his custody, power, or possession, or shall collect, obtain, make, apply for, or cause or procure to be made, any such tool, utensil, or implement, or any part thereof, or any such model or plan, or part thereof, with intent to export, or that the same may be exported out of Great Britain to any place beyond the seas (except to Ireland), and complaint being made, upon the oath of a credible witness, before any justice of the peace, that there is reason to believe the same, in any of the said cases, it shall Justice may be lawful for the said justice to issue his warrant to seize all such issue warrant. tools, &c. or parts thereof, and to bring the person so complained of before him, or some other of His Majesty's justices of the peace for the same county or place; and if such person shall not give such an account of the use or purpose to which such tools, &c. or parts thereof, are, or were intended to be appropriated, as shall be satisfactory to the justice before whom he shall be brought, then it shall be lawful for such justice to cause all such tools, &c. or parts thereof, which shall have been so seized as aforesaid, to be detained, and also to Persons to be bind the person so charged to appear at the next assizes, general gaol delivery, or quarter sessions of the peace for the county or place where such offence shall be committed, with reasonable sureties Neglecting or for his appearance: and in case such person shall refuse or neglect to give such security, then, and in such case, it shall be lawful for give security such justice to commit such person to the county gaol, prison, or house of correction, there to remain until the next assizes, or quarter sessions of the county or place where such commitment shall be, and until he shall be delivered by due course of law; and in case any such

ing satisfac

Tools to be detained.

bound.

refusing to

Conviction.

person shall be convicted, upon any indictment or information against 25 Gen. 3. him at such assizes or quarter sessions of the peace, of having in his c. 67. custody, power, or possession, or of having collected, obtained, made, applied for, or caused or procured to be made, any such tool, &c. or part thereof, with such intent as aforesaid, then the person so convicted shall, for every such offence, forfeit all such tools, &c. or parts thereof, which shall be so seized and detained, and also 2001. and shall suffer imprisonment in the common gaol of the county or place wherein such offender shall be committed, for the space of 12 months, without bail or mainprize, and until such forfeiture shall be paid.

Rule 25. Provided, that no person shall be prosecuted for any of Limitation of the offences aforesaid, unless such prosecution shall be commenced prosecution, within the space of 12 calendar months next after such offence shall be committed.

§ 7.

Rule 26. If any action be commenced against any person for Limitation of what he shall do in pursuance of this act, such action shall be com- actions, § 9. menced within three months next after the fact committed.

Certain tools,

allowed to be

Rule 27. It shall be lawful to export from Great Britain to the 26 Geo. 3. British islands in the West Indies, or to any other foreign place what- c. 89. (a) 1. ever, any tools or utensils made use of in the iron or steel manufac- &c. used in tures of this kingdom, which might have been legally exported before iron and steel the passing of the preceding act of 25 Geo. 3. (except the several manufactures articles hereinafter particularly enumerated; that is to say, rollers, exported. eithers plain, grooved, or of any other form or denomination of cast iron, wrought iron, or steel, for the rolling of iron, or any sort of metals, and frames, beds, pillars, screws, pinions, and every implement, tool, or utensil thereunto belonging; rollers, slitters, frames, beds, pillars, and screws for slitting mills; presses of all sorts in iron, steel, or other metals, which are used with a screw exceeding one inch and an half in diameter; or any parts of these several articles, or any model of any of the before-mentioned utensils, implements, and machines, or any part thereof; and all sorts of utensils, engines, or machines used in the casting or boring of cannon, or of any sort of artillery, or any parts thereof, or any model of tools, utensils, engines, or machines used in casting or boring of cannon, or any sort of artillery, or any parts thereof; hand stamps, dog-head stamps, pulley stamps, hammers and anvils for stamps, presses of all sorts, called cutting-out presses, beds and punches to be used therewith; piercing-presses of all sorts, beds and punches to be used therewith, either in parts or pieces, or fitted together; scoring or shading engines, presses for horn buttons, dies for horn buttons, rolled metal with silver thereon, parts of buttons not fitted up into buttons, or in an unfinished state; engines for chasing, stocks for casting buckles, buttons, and rings; die-sinking tools of all sorts, engines for making button shanks, laps of all sorts, tools for pinching of glass, engines for covering of whips, bars of metal covered with gold or silver, burnishing stones commonly called blood stones, either in the rough state or finished for use); any thing in the said act of 25 Geo. 3. to the contrary in any wise notwithstanding.

Rule 28. It shall not be lawful for any person in Great Britain to export to parts beyond the seas (except to Ireland), or to have in his possession with the intent so to export, any of the tools and utensils hereinafter mentioned; that is to say, wire moulds for making paper;

(a) Originally a temporary act, but made perpetual by 35 Geo. 3. c. 38.

Certain tools, &c. still not

to be export

ed, § 2.

c. 89.

wheels made of metal, stone, or wood, for cutting, roughing, smoothing, polishing, and engraving glass; purcellas, pincers, shears, and pipes used in blowing glass; potters' wheels, and potters' lathes for plain, round, and for engine-turning tools, used by sadlers, harness makers, and bridle makers, namely, cantle strainers, side strainers, point strainers, creasing irons, screw creasers, wheel irons, seat irons, pricking irons, bolstering irons, clams, head knives; (a) and the said Former act in act of 25 Geo. 3. so far as the same concerns the exporters or possessors of the tools and utensils therein enumerated or described, shall extend to all the exporters or possessors of the tools and utensils herein enumerated and described, as fully as if the same were repeated and re-enacted in the body of this act.

force.

26 Geo. 3.

How draw

Notice of packing.

TITLE CCXXVI.-IVine.

Rule 1. No drawback of any duty on any foreign wine whatsoever c. 59. § 46. shall be allowed upon the exportation of such wine from this kingback allowed. dom, unless such wine be exported under the regulations hereinafter mentioned, besides the regulations other than where the same are altered by this act, now commonly practised or enforced by the officers of customs upon the exportation of such wine, in order to obtain the drawback upon the exportation thereof: that is to say, the person intending to export any such wine shall, in case such wine is intended to be packed up for exportation, give six hours' notice in writing, in case such wine is intended to be packed up within the limits of the chief office of excise in London, and 12 hours' notice in writing, in case such wine is intended so to be packed up in any place out of the said limits in Great Britain, of his intention to pack up any such wine for exportation, and of the time and place when and where the same is intended to be packed up, to the proper officers of excise, of the particular place to which such wine is intended to be exported, and of the quantity of such wine so to be shipped and exported; and if the same be French wine, whether it is French red wine or French white wine, or if such wine so to be exported be foreign wine, other than French wine, whether the same is foreign red wine not French, Officers to at- or foreign white wine not French; and such officers shall attend to see such wine packed up, and the same shall be packed up in the presence of such officers, and shall be secured with such fastenings, and sealed with such seal or mark, and in such manner, as the respective commissioners of excise in England and Scotland, or the major part Sealing, pack of them shall direct; and the officers who shall have seen such wine ing, account, packed up shall take an account of the quantity of such wine so intended to be exported, and in such account shall specify whether the same is French red wine or French white wine, or whether the same be foreign red or foreign white wine not French; and such officers shall make a return thereof to the officer who shall be appointed by

tend.

&c.

(a) By letter from the seretary of the treasury, dated 10th September, 1785, it is stated, that difficulties have arisen under this act respecting the exportation to the colonies of iron tools necessary for plantation and other uses; that those which are enumerated are understood to be only such as are used in the manufacturing of iron, and it was certainly not intended to prevent the usual supply of tools for our islands and colonies; and that the export to other countries should not be checked, except in the enumerated articles, which are plainly intended for the purposes of the iron manufactory.

Notice

shipping.

such commissioners of excise to receive the same at the port of ex- 26 Geo. s. portation without any fee or reward for so doing; and the person in- c. 59. tending to ship any foreign wine for exportation shall give six hours' of notice in writing, within the limits of the said chief office, and 12 hours' notice in writing, in other places in Great Britain, of the time and place of shipping such wine, to the proper officers of excise, and of the name of the vessel in which the same is intended to be shipped and exported, and of the master thereof, and of the particular place to which such wine is intended to be exported, and of the quantity of such wine so to be shipped and exported; and whether the same be French red or French white wine, or whether the same is foreign red wine not French or foreign white wine not French; and if any such foreign wine, so intended to be packed for exportation, shall not be begun to be packed, or if any such foreign wine, so intended to be exported, shall not be begun to be shipped, at the time mentioned for the respective purposes aforesaid in such notice respectively, or within one hour after such time, then such respective notices shall be Notice void. void, and the like respective notices in writing shall be again given unto such officers, previous to the packing up of such wine for exportation, or previous to the shipping of any foreign wine for exportation, as the case may require. (a)

$47.

Rule 2. If any person (except the proper officer of customs, and Opening sealthe officer of excise at the port of exportation hereinafter mentioned) ed packages, shall open any such package, after the same has been so secured and sealed as aforesaid, or shall wilfully destroy or deface such seal or mark, every such person so offending shall forfeit, for every such

offence, 50%.

Rule 3. The exporter of any such foreign wine shall also, before Bond, § 48. the shipping the same, give bond, with sufficient security, to be approved of by the respective commissioners of excise in England and Scotland, or the person by them appointed for that purpose, in treble the amount of all the duties intended to be drawn back on such exportation of such wine, that the particular wine so intended to be exported, shall (the danger of the seas and enemies excepted) be shipped and exported to the place to which such wine is in such notice, in that behalf hereinbefore directed to be given, declared to be intended to be exported, and shall not be exported or carried to any other place or country whatsoever, and shall not be unshipped, unladen, or laid on land, or put on board any other vessel or boat in Great Britain (shipwreck or other unavoidable accident excepted); which bond the proper officer of excise of the place from whence such wine shall be exported is hereby directed to take, in His Majesty's name, and to His Majesty's use; and the said exporter shall also, before the shipping oath. of such foreign wine, make oath that he believes the duties upon such foreign wine have been fully paid; and such respective commissioners of excise, or any one or more of them, or such surveyor or supervisor, or other officer, being satisfied of the truth of such oath, shall, within one month after the actual exportation of such wine, give to the said exporter, or his clerk or agent, a certificate or debenture, expressing Debenture.

(a) By order of the board of customs, dated 11th March, 1815, on the examination of wine entered outwards for drawback, five bottles of wine are to be charged as a gallon, except in cases of strong suspicion of fraud as to the packages, and in such cases the same are specially to be represented to the board previously to the bottles being opened.

26 Geo. 8. . 59.

How draw.

the quantities of such wine so shipped; and if such wine so shipped was French wine, whether the same was French red wine or French white wine; or if such wine so shipped was not French wine, whether the same was foreign red wine not French, or foreign white wine not French; and that all the duties hereby imposed on such wine have been paid for the same; and that bond, with sufficient security, hath been given before the shipping the same, for the due exportation thereof; and such certificate or debenture being produced to the collector of excise of the place from whence such wines were so exported, he shall forthwith pay or allow the persons so exporting the same, or their agents, out of the duties by this act imposed on foreign wine, the following drawbacks or allowances. (a)

Rule 4. If such collector of excise shall not have money in his backs paid. hands to pay the same, then the respective commissioners of excise in England or Scotland are required to pay the said drawback or allowances out of any money in their hands, arising from any of the duties Officers may hereby imposed: provided, that it shall be lawful for the officer attendopen packing the shipping of such foreign wines, if he thinks it necessary, at the place of exportation, and also for the proper officer of customs, if he shall think it necessary, upon the shipping any such wine for exportation, to open and examine such foreign wine as shall be so packed, in order that he may be satisfied that such wines are the same that are described in the account so sent by the officer in whose presence any Any part un- such wine was so packed: provided, that if, after the shipping any

ages spect wine.

shipped.

How bonds discharged, 49.

such foreign wine, and the giving such security as aforesaid, in order to obtain a drawback or allowance of any of the duties before paid thereupon, the same wine, or any part thereof, shall be unshipped, unladen, or laid on land, or put into any other vessel or boat, within this kingdom (shipwreck or other unavoidable accident excepted), that then, over and above the penalty of the bond, which shall he levied and recovered to His Majesty's use, all the said wine which shall be so unshipped, unladen, or laid on land, or put into any other vessel or boat, within Great Britain (shipwreck or other unavoidable accident excepted), or the value thereof, shall be forfeited, and may be seized by any officer of excise. (b)

Rule 5. Such bond shall be discharged in manner hereinafter mentioned; that is to say, for such of the said wines as shall be entered for or landed in Ireland, the condition of the bond shall be, to bring in a certificate in discharge thereof, within six months from the date of the bond, and within 12 months for such of the said wines as shall be entered for or landed in any other place in Europe; and within 18 months for such of the said wines as shall be entered for or landed in any of His Majesty's plantations in America or Africa, or any of the United States of America; and within 24 months for such of the said wines as shall be entered for or landed in any place at or beyond the Cape of Good Hope; which said certificate, for such wine as aforesaid as shall be landed in any place where any officer of customs shall be resident, shall be signed by the proper officer of His Majesty's customs there, importing that such wines were there landed, testifying the landing thereof; and if no officer of His Majesty's customs shall be resident in such place where such wines shall be landed,

(a) See TITLE 246.

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