GOODS, continued.

GOODS, the produce of the dominions of the Emperor of Morocco, which may be imported from places in Europe within the Straits of Gibraltar:

Goods, the produce of Asia or Africa, which (having been brought into places in Europe within the Straits of Gibraltar, from or through places in Asia or Africa within those Straits, and not by way of the Atlantic Ocean) may be imported from places in Europe within the Straits of Gibraltar:

Goods, the produce of places within the limits of the East India Company's charter, which (having been imported from those places into Gibraltar or Malta in British ships) may be imported from Gibraltar or Malta:

Goods taken by way of reprisal by British ships.

Bullion, diamonds, pearls, rubies, emeralds, and other jewels, or precious stones.-§ 3.

Goods, the produce of Asia, Africa, or America, shall not be imported into the United Kingdom to be used therein, in foreign ships, unless they be the ships of the country, in Asia, Africa, or America, of which the goods are the produce, and from which they are imported*, except the following; viz.:

GOODS, the produce of the dominions of the Grand Seignior, in Asia or Africa, which may be imported from his dominions in Europe, in ships of his dominions.-§ 4.

RAW SILK and MOHAIR YARN, the produce of Asia, which may be imported from the dominions of the Grand Seignior in the Levant seas, in ships of his dominions.

BULLION.- 4.

All manufactured goods shall be deemed to be the produce of the country of which they are the manufacture.-§ 5.

No goods shall be imported into the United Kingdom from the islands of Guernsey, Jersey, Alderney, Sark, or Man, except in British ships.-§ 6.

No goods shall be exported from the United Kingdom to any British possession in Asia, Africa, or America, nor to the islands of Guernsey, Jersey, Alderney, Sark, or Man, except in British ships.-7.

No goods shall be carried coastwise, from one part of the United Kingdom to another, except in British ships.-§ 8. No goods shall be carried from any of the islands of Guernsey, Jersey, Alderney, Sark, or Man, to any other of such islands; nor from one part of any such islands to another part of the same, except in British ships.—§ 9.

See note in page 6, marked .

GOODS, continued.

No goods shall be carried from any British possession in Asia, Africa, or America, to any other of such possessions; nor from one part of any such possessions to another part of the same, except in British ships.-3 & 4 Wm. IV. c. 54. § 10.

No goods shall be imported into any British possession in Asia, Africa, or America, in any foreign ships, unless they be ships of the country of which the goods are the produce, and from which the goods are imported*.—§ 11.

Goods of any sort, or the produce of any place, not otherwise prohibited than by the law of navigation hereinbefore contained, may be imported into the United Kingdom from any place in a British ship; and from any place not being a British possession in a foreign ship of any country, and however navigated, to be warehoused for exportation only. § 21.1 Goods imported, exported, or carried coastwise contrary to the law of navigation hereinbefore contained, shall be forfeited, and the master of the ship shall forfeit 1007.-§ 22. SHIPS.-No ship shall be deemed to be a British ship unless duly registered, and navigated during the whole of every voyage, in every part of the world, by a master who is a British subject, and by a crew, whereof three-fourths at least are British seament, and

What Ships deemed British.

* See colonial trade, page 219, for conditions on which alone this clause can become operative.

+ Whether with a cargo or in ballast.

go

No person shall be qualified to be a master of a British ship, or to be a British seaman, except the natural-born subjects of his Majesty, or persons naturalized by any Act of Parliament, or made denizens, or except persons who have become British subjects by conquest or cession of some newly-acquired country, and who shall have taken the oath of allegiance to his Majesty; or persons who shall have served on board any of his Majesty's ships of war, in time of war, for the space of three years: Every ship (except ships required to be wholly navigated by British seamen), which shall be navigated by one British seaman, if a British ship, or one seaman of the country of such ship, if a foreign ship, for every twenty tons burthen of such ship, shall be deemed to be duly navigated, although the number of other seamen shall exceed one-fourth of the whole crew: Provided always, that the Natives of places within the limits of the East India Company's Charter, although born in territories under the vernment of his Majesty, or of the said Company, are not to be deemed or taken to be British seamen for the purposes abovementioned; but any ship or vessel duly registered, manned in part with Lascars or natives of India, which shall be commanded by a British master, and navigated by four British seamen, as part of the crew, for every 100 tons of her burthen, and in that proportion, shall be deemed to be navigated according to law; as also such ships as shall sail from ports in India with a less proportion of British seamen than required by law, provided the requisite number of British seamen cannot be procured, and the governor or lieutenant-governor shall certify the same, and license such vessel to sail on her voyage. Foreigners shall likewise be deemed to hold the qualification of British seamen for the purpose of navigating ships employed in the southern whale fishery, provided they shall have been employed as masters or seamen in such service under an act of the 35 Geo. III., and shall make proof

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SHIPS, continued.

one

if employed in the coasting trade of the United Kingdom, or in a voyage between the United Kingdom and the islands of Guernsey, Jersey, Alderney, Sark, or Man, or from of the said islands to another of them, or from one part of either of them to another of the same, or employed in fishing on the coasts of the United Kingdom, or of any of the said islands, then the whole of the crew must be British seamen,3 & 4 Wm. IV. c. 54. § 12*.

Ships built in the British settlements at Honduras, and owned and navigated as British, shall be deemed to be such in all direct trade between the United Kingdom or the British possessions in America, and the said settlements: Provided the master shall produce a certificate, under the hand of the superintendent of those settlements, that satisfactory proof has been made before him that such ship (describing the same) was built in the said settlements, and is wholly owned by British subjects; Provided also, that the time of the clearance of such ship from the said settlements for every voyage shall be endorsed upon such certificate by such superintendent.-3 & 4 Wm. IV. C. 54, §14.

No vessel shall continue to enjoy the privileges of a British ship, if repairs in a foreign country shall exceed twenty shillings for every ton burthen't, unless such repairs shall have been necessary

to enable her to perform the voyage in which

What Ships deemed not

British.

engaged, and to return to some port or place in His Majesty's

dominions. The master, on his return to any port in His Ma

jesty's dominions, shall report such repairs to the Collector and Comptroller of the Customs, under penalty of twenty shillings for every ton of the burthen of such ship or vessel.3&4 Wm. IV. c. 55. § 7.

No British ship or vessel which has or shall become

thereof before the Collector and Comptroller of the Customs at the port from whence the ship in which such foreigner last served shall have cleared out.4 Geo. IV. c. 80; 7 Geo. IV. c. 48.; and 3 & 4 Wm. IV. c. 54. § 16.

But all boats or vessels, British-built, British-owned, and navigated by British subjects, under fifteen tons burthen, although not registered as British ships, shall be admitted to be British vessels, in all navigation in the rivers, and upon the coasts of the United Kingdom, or of the British possessions abroad, and not proceeding over sea, except within the limits of the respective colonial governments within which the managing owners of such vessels respectively reside.-3 & 4 Wm. IV. c. 54. § 13.

The law officers of the Crown have given it as their opinion that the coppering of a vessel in a foreign country is to be deemed repairs, within the meaning of the Registry Act.-Min. Com. Cus. 25th Oct. 1832.

+ It must be proved, to the satisfaction of the Commissioners of the Customs that the vessel was seaworthy at the time of her departure from His Majesty's dominions, and that such repairs have not exceeded what were actually necesSILLY.

SHIPS, continued.

prize to an enemy, or which has been or shall be sold to foreigners, shall again be entitled to the privileges of a British ship: but nothing contained in this Act shall prevent the registering of any ship or vessel whatever which shall be condemned in any Court of Admiralty as prize of war*, or in any competent court for breach of laws made for the prevention of the slave trade.-3 & 4 Wm. IV. c. 55. § 9.

What deemed

Ships of any particular Country.

No ship shall be admitted to be a ship of any particular country, unless she be of the build of, or prize to, such country; or have been forfeited and legally condemned under any law of such country, made for the prevention of the slave trade; or be British built (not having been a prize of war to any other foreign country); nor unless navigated by a master who is a subject of such foreign country, and by a crew of whom three-fourths at least are subjects of such country; nor unless wholly owned by subjects of such country usually residing therein, or under the dominion thereof. The country of every ship shall be deemed to include all places under the same dominion as the place to which such ship belongs -3 & 4 Wm. IV. c. 54. § 15.

Vessels condemned for acts of piracy are not to be considered as prize of war, within the meaning of the 29th section of the Act 3 & 4 Wm. IV. c. 55; and consequently are not entitled to registry.-Min. Com. Cus. 3d Jan. 1834.

His Majesty's Advocate, Attorney, and Solicitor-General, in their report upon a question which had arisen,-whether a natural-born subject of his Majesty, admitted a burgher of Memel, could be considered a subject belonging to the King of Prussia, for the purposes of the Navigation Act, se as to be master of a Prussian vessel? have stated as their opinion, that a British natural-born subject cannot, by taking the oaths of allegiance to the Sovereign of another state, throw off the natural allegiance belonging to his own; but that he may, by residence or other acts required by the municipal law of another State, acquire the character of belonging to such other State for commercial purposes, so as to be entitled to the privileges granted to the subjects of, or to persons belonging to such other State; when the acts he thereby performs do not amount to a breach of allegiance due to his own country: and that an Englishman domiciled in a foreign country, and who has taken such oaths as to entitle him to the commercial privileges of such State, may be considered as belonging to such State for commercial purposes. -Com. Min. 9th August, 1816.

A question having arisen, whether a ship belonging to a French port in Europe can import into the United Kingdom goods, the produce of a French colony in Africa? and it appearing that the doubt arose out of the words of the 4th section of the Navigation Act, 6 Geo. IV. c. 109, (now 3 & 4 Wm. IV. c. 54)-(see p. 3,) the Lords of the Committee of Privy Council for Trade decided, that the ship of one part of the dominions of a foreign state ought to be admitted as the ship of any other part of those dominions in her commerce with the British dominions; and their opinion is, that this view of the spirit and intention of our law of navigation is established by the 15th section (see p. 6.) of the Act referred to. Another question (based on the former) arose, whether, if the importing ship had, in the course of her voyage, gone into any port in France, and there made entry of the goods, or performed some other formality in respect of them, but without discharging them, she should still be deemed to have imported those goods from the colony in Africa of which they were the produce? Upon which

SHIPS, continued.

LICENCE. All vessels which are not wholly square rigged, and the boats belonging thereto, are required to be licensed. -Min. Com. Cus., 12th Jan. 1832.

PRIZE VESSELS.-No ship or vessel, which shall be taken. and condemned as prize or forfeiture, shall be registered in the islands of Guernsey, Jersey, or Man; but the same shall be registered either at Southampton, Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or Whitehaven.-3 & 4 Wm. IV. c. 55. §30.

RECIPROCITY OF DUTIES, &c.

(See also Trade with the British Possessions Abroad.) Note.-Under treaties of reciprocity foreign ships can bring European produce from other countries in Europe, provided the goods are not of the description enumerated in page 2.-Editor.

Remission of
Duties, &c.

His Majesty may, by Order in Council, authorize the importation into, or exportation from, the United Kingdom, or from any other of His Majesty's dominions, of any goods which may legally be imported or exported in foreign vessels, upon payment of the like duties, and with the like drawbacks, bounties, &c., as are charged or granted upon such goods, when imported or exported in British ships or vessels,―upon proof being laid before His Majesty in Council, that similar privileges are granted to British vessels, in such foreign country.-4 Geo. IV. c. 77. § 1.

His Majesty may, by Order in Council as aforesaid, levy any additional duty of customs, or withhold the payment of any drawbacks, &c., upon any goods imported into,

Duties, &c.

or exported from the United Kingdom, or any of Imposition of His Majesty's dominions, in vessels belonging to any foreign country, in which higher duties shall be levied, or smaller drawbacks, &c., granted upon goods when imported into, or exported from, such foreign country in British vessels, than are levied or granted upon similar goods, &c., when imported or exported in vessels of such country, but not of greater amount than may be deemed fairly to countervail the difference of duty, drawback, &c., paid or granted on goods. imquestion the Lords of the said Committee gave it as their opinion that the goods should be deemed to be imported from the place at which they were shipped, whatever forms may have been observed at an intermediate port, and even although other goods may have been landed from the ship; and that this, their view of the spirit and intention of the law of importation, may be deemed to be conformed by the 46th section of the Act 6 Geo. IV. c. 107. (now 3 & 4 Wm. IV. c. 52. § 48.), made for the regulation of the Customs (see p. 2.).Treasury Order, 23d October, 1832.

B