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Further time may be grant

ed.

from the day of the first entry thereof; and if any such goods be not so cleared, it shall be lawful for the collector and controller to cause the same to be sold, and the produce shall be applied, first to the payment of the duties, next, of warehonse rent and other charges, and the overplus, (if any,) shall be paid to the proprietor: Provided always, that it shall be lawful for the collector and controller to grant further time for any such goods to remain warehoused, if they shall see fit so to do.

Bond on entry XLII. And be it further enacted, That, upon the entry for exportation. outwards of any goods to be exported from the warehouse, the person entering the same shall give security, by bond, in treble the duties of importation on the quantity of such goods, with two suflicient sureties, to be approved by the collector or controller, that the same shall be landed at the place for which they be entered outwards, or be otherwise accounted for to the satisfaction of the collector and controller.

Power to appoint other ports.

Goods from

XLIII. And be it further enacted, That it shall be lawful for his Majesty in Council, from time to time, to appoint any port in his Majesty's possessions in America, to be a free warehousing port for the purposes of this act; and every such port so appointed by his Majesty shall be a free warehousing port under this act as if appointed by the same, in as full and ample a manner in all respects, as any of the ports hereinbefore mentioned are free warehousing ports appointed by this act.

XLIV. And whereas it is expedient that all duties and Mauritius liable regulations, relating to importation and exportation into to same duties and from his Majesty's Islands in the West Indies, should and regulations as West India be extended to the Island of Mauritius; be it therefore goods. enacted, That all goods, wares, and merchandise, the growth, produce, or manufacture, of the Island of Mauritius. and all goods, wares, and merchandise, which shall have been imported into the said Island of Mauritius, and which shall be imported into any part of the United Kingdom of Great Britain and Ireland, or into any possessions of his Majesty, his heirs or successors, shall be liable, upon such importation into the United Kingdom,or into any such possessions, respectively, to the payment of the same duties, and shall be subject to the same regulations, as the like goods, wares, and merchandise, being of the growth, produce, or manufacture of his Majesty's Islands in the West Indies, and imported into the said United Kingdom, or into any such possessions, respectively, would, on such importation, be liable to the payment of, or would be subject unto; and that, upon the exportation of any goods, wares, or merchandise, from the United Kingdom to the Island of Mauritius, such goods, wares, or merchandise, shall be liable to the same

duties, and shall be entitled to the like drawbacks, respectively, as would or ought by law to be charged or allowed upon the like goods exported from the United Kingdom to any of his Majesty's Islands in the West Indies; and that all goods, wares, and merchandise, which shall be imported into, or exported from, the said Island of Mauritius, from or to any place whatever, other than the United Kingdom of Great Britain and Ireland, shall, upon such importation or exportation, respectively, be liable to the payment of the same duties, and shall be subject to the same regulations, so far as any such regulations can or may be applied, as the like goods, wares, and merchandise, would be liable to the payment of, or would be subject to, upon importation or exportation into or from any of his Majesty's Islands in the West Indies; and that all ships and vessels whatever, which shall arrive at or depart from the said Island of Mauritius, shall be liable to the payment of the same duties, and shall be subject to the same regulations as such ships or vessels would be liable to the payment of, or would be subject to, if arriving at, or departing from, any of his Majesty's Islands in the West Indies.

merara, Esse

tates from

XLV. And be it further enacted, That it shall be law- Dutch Proprieful for any of the subjects of the King of the Netherlands, tors in Debeing Dutch proprietors, in the colonies of Demerara quibo, and Berand Essequibo and of Berbice, to import in Dutch ships, bice may supfrom the Netherlands, into the said colonies, all the usual ply their esarticles of supply for their estates therein; and also wine Holland. imported for the purposes of medicine only, and which shall be liable to a duty of ten shillings per tun, and no more; and in case seizure be made of any articles so imported, upon the ground that they are not such supplies, or are for the purpose of trade, the proof to the contrary shall lie on the Dutch proprietor importing the same, and not on the seizing officer: Provided always, that if sufficient security by bond be given in Court to abide the decision of the Commissioners of Customs upon such seizure, the goods so seized shall be admitted to entry and released.

XLVI. And be it further enacted, That it shall not be Dutch proprielawful for such Dutch proprietors to export the produce tors may not of their estates to the United Kingdom, or to any of his ted Kingdom Majesty's sugar colonies in America.

export to Uni

or colonies.

XLVII. And be it further enacted, That all subjects what person of his Majesty the King of the Netherlands, resident in shall be deemhis said Majesty's European dominions, who were, at the ed Dutch prodate of the signature of the convention between his late prietors. Majesty King George the Third and the King of the Netherlands, dated the twelfth of August, one thousand

estates.

Holders of mortgages.

Proprietors of eight hundred and fifteen, 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 of the aforesaid convention, in the said colonies, that they wish to continue to be considered as such, and all subjects of his said Majesty the King of the Netherlands who may be the holder 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 debts respectively due to them.

No ship to sail from Jamaica to Saint Do

to Jamaica.

XLVIII. And be it further enacted, That no British merchant ship or vessel shall sail from any place in the mingo, or from Island of Jamaica to any place in the Island of Saint Saint Domingo Domingo, nor from any place in the Island of Saint Domingo to any place in the Island of Jamaica, under the penalty of the forfeiture of such ship or vessel, together with her cargo; and that no foreign ship or vessel which shall have come from, or shall, in the course of her voyage, have touched at, any such place in the Island of Saint Domingo, shall come into any port or harbor in the Island of Jamaica; and if any such ship or vessel, having come into any such port or harbor, shall continue there for forty-eight hours after notice shall have been given by the officer of the customs to depart therefrom, such ship or vessel shall be forfeited; and, if any person shall be landed in the Island of Jamaica from on board any ship or vessel which shall have come from, or touched at, the Island of Saint Domingo, except in case of urgent necessity, or unless license shall have been given by the Governor of Jamaica to land such person, such ship shall be forfeited, together with her cargo.

Colonial laws repugnant to any act of Parliament, to be null and void.

XLIX. And be it further enacted, That all laws, bylaws, usages, or customs, at this time, or which hereafter shall be in practice, or endeavored or pretended to be in force or practice, in any of the British possessions in America, which are in any wise repugnant to this act, or to any act of Parliament made, or hereafter to be made, in the United Kingdom, so far as such act shall relate

to and mention the said possessions, are, and shall be, null and void to all intents and purposes whatsoever.

L. And be it further enacted, That it shall be lawful Officers may for the officers of customs to go on board any ship board ships hovering on the in any port in any British possession in America, and to coasts. rummage and search all parts of such ship for prohibited and uncustomed goods, and also to go on board any ship hovering within one league of any of the coasts thereof, and in either case, freely to stay on board such ship so long as she shall remain in such port, or within such distance; and if any such ship be bound elsewhere, and shall continue so hovering for the space of twenty-four hours after the master shall have been required to depart, it shall be lawful for the officer of the customs to bring such ship into port, and to search and examine her cargo, and to examine the master, upon oath, touching the cargo and voyage, and, if there be any goods on board prohibited to be imported into such possession, such ship and her cargo shall be forfeited; and if the master shall not truly answer the questions which shall be demanded of him in such examination, he shall forfeit the sum of one hundred pounds.

LI. And be it further enacted, That all vessels, boats, Forfeiture of and carriages, and all cattle made use of in the removal vessels, carriages, &c. reof any goods liable to forfeiture under this act, shall be moving goods forfeited, and every person who shall assist or be other- liable to forfeiwise concerned in the unshipping, landing, or removal, ture. or in the harboring of such goods, or into whose hands or possession the same shall knowingly come, shall forfeit the treble value thereof, or the penalty of one hundred pounds, at the election of the officers of the customs; and the averment in any information or libel to be exhibited for the recovery of such penalty, that the officer proceeding has elected to sue for the sum mentioned in the information, shall be deemed sufficient proof of such election, without any other or further evidence of such fact.

LII. And be it further enacted, That all goods, and Goods, vessels, all ships, vessels, and boats, and all carriages, and all &c. liable to cattle liable to forfeiture under this act, shall and may be seized by forfeiture, may be seized and secured by any officer of the customs or na- officers. vy, or by any person employed for that purpose, by or with the concurrence of the commissioners of his Majesty's customs; and every person who shall, in any way, hinder, oppose, molest, or obstruct, any officer of the customs or navy, or any person so employed as aforesaid, in the exercise of his office, or any person acting in his aid or assistance, shall, for every such offence, forfeit the sum of two hundred pounds.

Writ of assist

ance to search goods liable to

for and seize

forfeiture.

Obstruction of officers by force.

Goods seized to be secured

at the next customhouse.

Goods seized to be sold by

auction.

LIII. And be it further enacted, That, under authority of a writ of assistance, granted by the superior or supreme court of justice, or court of vice admiralty having jurisdiction in the place, (who are hereby authorized and required to grant such writ of assistance, upon application made to them for that purpose by the principal officers of his Majesty's customs,) it shall be lawful for any officer of the customs, taking with him a peace officer, to enter any building or other place in the day time, and to search for and seize, and secure, any goods liable to forfeiture under this act; and, in case of necessity, to break open any doors, and any chests or other packages, for that purpose; and such a writ of assistance, when issued, shall be deemed to be in force during the whole of the reign in which the same shall have been granted, and for twelve months from the conclusion of such reign.

LIV. And be it further enacted, That, if any person shall, by force or violence, assault, resist, oppose, molest, hinder, or obstruct, any officer of the customs or navy, or other person employed as aforesaid, in the exercise of his office, or any person acting in his aid or assistance, such person, being thereof convicted, shall be adjudged a felon, and shall be proceeded against as such, and punished at the discretion of the court before whom such person shall be tried.

LV. And be it further enacted, That all things which shall be seized as being liable to forfeiture under this act, shall be taken forthwith and delivered into the custody of the collector and controller of the customs at the customhouse next to the place where the same were seized, who shall secure the same by such means and in such manner as shall be provided and directed by the commissioners of his Majesty's customs.

LVI. And be it further enacted, That all things which shall have been condemned as forfeited under this act, shall, under the direction of the collector and controller, or other principal officer of the customs at the port where such seizures shall have been secured, be sold by public auction to the best bidder: Provided always, That it shall be lawful for the commissioners of the customs to direct in what manner the produce of such sale shall be applied, or, in lieu of such sale, to direct that any of such things shall be destroyed, or shall be reserved for the public service.

Jurisdiction for LVII. And be it further enacted, That all penalties prosecution of and forfeitures which may have been heretofore, or may seizures and pe- be hereafter incurred, shall and may be prosecuted, sued for, and recovered in any court of record or of vice ad

nalties.

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