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Goods, continued.

Africa*, which shall be brought to any place in Europe within the Straits of Gibraltar, through places in Asia or Africa which are within those Straits.-(7 Geo. IV. c. 48.)

Goods, the produce of places within the limits of the East India Company's charter, which (having been imported into Gibraltar or Malta in British ships) may be imported from Gibraltar or Malta.-6 Geo. IV. c. 109, § 3.

Goods taken by way of reprisal by British ships.

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

Nor shall such goods 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.

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.-§ 10.

No goods shall be imported into any British possession

* That is to say, the several states or dominions bordering on the seas within those Straits.

GOODS, continued.

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*.—6 Geo. IV. c. 109, § 11. Goods of any sort, or the produce of any place, not otherwise prohibited than by the law of navigation herein before 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.

What Ships deemed British.

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 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 one 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.§ 12. Ships built in the British settlements at Honduras, and owned and navigated as British, shall be deemed to be such in

* See colonial trade, page 261, for conditions on which alone this clause can become operative.

+Natives of places within the limits of the East India Company's Charter, although born in territories under the government 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 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; and 7 Geo. IV. Whether with a cargo or in ballast.

c. 48.

SHIPS, continued.

What Ships

deemed not

British.,

all direct trade between the United Kingdom or the British possessions in America *, and the said settlements.—§ 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, unless such repairs shall have been necessary+ to enable her to perform the voyage in which engaged, and to return to some port or place in His Majesty's dominions. The master, on his return to any port in His Majesty's dominions, shall report such repairs (on oath) to the Collector and Comptroller of the Customs, under penalty of twenty shillings for every ton of the burthen of such ship or vessel.-6 Geo. IV. c. 110, § 6.

No British ship or vessel which has or shall become 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.-6 Geo IV. c. 110, § 10.

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 foreign country;) nor unless navigated by a master who is a subject of such country §, and by a crew of whom three-fourths

9 Geo. IV. c. 76, § 8.

† 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 necessary.

All ships of whatever build, and in whatever way acquired, being duly owned and navigated as ships of Rio de la Plata and Columbia, shall be deemed to be ships of those countries respectively, in all places under British dominion, for the term of Seven years from the date of the respective treaties with the said republics. (See Reciprocity, in page 12, for the dates of such treaties.) And the like privileges shall be extended to other countries in America, (which may not yet be provided with national merchant shipping, built and acquired in manner directed by the law of navigation,) for any term not exceeding seven years, agreed to in that behalf in any treaty between his Majesty and any of such coun tries respectively.-7 Geo. IV. c.5. § 1.

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, so 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

SHIPS, continued.

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.—6 Geo. IV. c. 109, § 15.

RECIPROCITY OF DUTIES, &c.

(See also Trade with the British Possessions Abroad.) 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 Remission of goods which may legally be imported or exDuties, &c. ported 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, Imposition of or exported from the United Kingdom, or any 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 imported into, or exported from, such foreign country in vessels of such country.-§ 2.

Duties, &c.

His Majesty, by and with the advice of his Privy Council, or by any Order or Orders in Council as aforesaid, is hereby empowered to remove, or again to impose, any such additional or countervailing Duty of Customs, or to renew or withhold such draw

Remission or
imposition of
Duties and
Drawbacks.

state, throw of 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.

RECIPROCITY, continued.

backs, bounties, or allowances, whenever it shall be deemed expedient so to do.-§ 4.

Foreign

Ves.

sels of less burden than 60 Tons may be

exempted from taking a Pilot

on board.

And whereas it might tend to the advantage of British vessels, arriving in foreign ports, if power was given to His Majesty to exempt foreign vessels of less burden than sixty tons from the obligation of taking on board a Pilot to conduct them into or from the ports of the United Kingdom, in all cases in which British vessels of less burden than sixty tons are not required by law to take Pilots : be it, therefore, enacted, that from and after the passing of this Act*, it shall and may be lawful for His Majesty, by and with the advice of his Privy Council, or by any Order or Orders in Council, in all such cases as aforesaid, to exempt foreign vessels, being of less burden than sixty tons, from taking a Pilot on board to conduct them into or from any of the ports of the United Kingdom.+-§ 5.

Imposition of

Tonnage Duties.

His Majesty, by Order in Council as aforesaid, may direct additional tonnage Duties to be levied on Vessels belonging to Countries where higher tonnage Duties are imposed on British vessels, than on vessels of such Countries, not greater in amount than may be deemed fairly to countervail the difference of duty. -5 Geo. IV. c. 1. § 3.

Remission of Tonnage Duties.

His Majesty may also, by the authority aforesaid, authorize the entry of Foreign Vessels, on payment of the like tonnage Duties as are or may be charged in respect of similar British Vessels, upon satisfactory proof being laid before His Majesty in Council, that vessels of the foreign country in whose favour such permission shall be granted, are charged with no other or higher tonnage Duties, on their entrance into the ports of such foreign country, than are levied on the entry into such ports upon the vessels of such country.—§ 4.

If any Foreign State or Power shall subject British Vessels, at any port within its dominions, to any higher Foreign States Duties or Charges whatever, than are levied on subjecting British Ships or National Vessels at any such port, or shall sub- Goods to highject goods, the produce or manufacture of any of er duties than are levied on His Majesty's dominions, when imported from any such dominions in British Vessels, to any higher

Vessels, &c. of other Coun

tries, his Ma

The Act passed the 18th of July, 1823. † For the countries entitled to exemption under this clause, see the treaty with each country respectively.

B

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