Puslapio vaizdai
PDF
„ePub“

such ship or vessel to be detained and prevented from proceeding to sea on her voyage with such persons as aforesaid on board: provided nevertheless, that no principal officer, governor, or person, shall act as aforesaid, upon such information upon oath as aforesaid, unless the party so informing shall not only have deposed in such information that the person or persons on board such ship or vessel hath or have been enlisted or entered to serve, or hath or have engaged or agreed or been procured to enlist or enter or serve, or is or are departing as aforesaid, for the purpose and with the intent of enlisting or entering to serve or to be employed, or of serving, or being engaged or employed in such service as aforesaid, but shall also have set forth in such information upon oath, the facts or circumstances upon which he forms his knowledge or belief, enabling him to give such information upon oath; and that all and every person and persons convicted of wilfully false swearing in any such information upon oath, shall be deemed guilty of and suffer the penalties on persons convicted of wilful and corrupt perjury.

6. Masters of ships taking offenders on board.—If any master or other person having or taking the charge or command of any ship or vessel, in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions beyond the seas, shall knowingly and willingly take on board, or if such master or other person having the command of any such ship or vessel, or any owner or owners of any such ship or vessel, shall knowingly engage to take on board any person or persons who shall have been enlisted or entered to serve, or shall have engaged or agreed or been procured to enlist or enter or serve, or who shall be departing from his Majesty's dominions for the purpose and with the intent of enlisting or entering to serve, or to be employed, or of serving, or being engaged or employed in any naval or military service, contrary to the provisions of this act, such master or owner or other person as aforesaid shall forfeit and pay the sum of £50 for each and every such person so taken or engaged to be taken on board; and moreover every such ship or vessel, so having on board, conveying, carrying, or transporting any such person or persons, shall and may be seized and detained by the collector, comptroller, surveyor, or other officer of the customs, until such penalty or penalties shall be satisfied and paid, or until such master or person, or the owner or owners of such ship or vessel, shall give good and sufficient bail, by recognisance before one of his Majesty's justices of the peace, for the payment of such penalty or penalties.

7. Fitting out armed vessels for foreign powers without licence. -And if any person, within any part of the United Kingdom, or in any part of his Majesty's dominions beyond the seas, shall, without the leave and licence of his Majesty for that purpose, first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equip ped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or store-ship, or with intent to cruise or commit hostilities against any prince, state, or

potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising or assuming to exercise the powers of government in any colony, province, or part of any province or country, or against the inhabitants of any foreign colony, province, or part of any province or country, with whom his Majesty shall not then be at war; or shall, within the United Kingdom, or any of his Majesty's dominions, or in any settlement, colony, territory, island, or place belonging or subject to his Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or ressel shall be employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanour, and shall, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores, which may belong to or be on board of any such ship or vessel, shall be forfeited; and it shall be lawful for any officer of his Majesty's customs or excise, or any officer of his Majesty's navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid, and in such places and in such manner in which the officers of his Majesty's customs or excise and the officers of his Majesty's navy are empowered respectively to make seizures under the laws of customs and excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner, and in such courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation.

S. Aiding the equipment of foreign vessels.—And if any person in any part of the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions beyond the seas, without the leave and licence of his Majesty for that purpose, first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, or cruiser, or other armed vessel, which at the time of her arrival in any part of the United Kingdom, or any of his Majesty's dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, state, or potentate, or of any person or persons exercising or assuming to exercise any powers of government in or over any colony, province, or part of any province or people belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province or country under the control of any person or persons so exercising or assuming to exercise the powers of government, every such person so offending shall be deemed guilty of a misdemeanour, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted

9. Offences out of the kingdom, how to be tried.-Offences made punishable by the provisions of this act, committed out of the United Kingdom, may be prosecuted and tried in his Majesty's court of King's Bench at Westminster, and the venue in such case laid at Westminster, in the county of Middlesex.

10. Penalties, how to be recovered.-And any penalty or forfeiture inflicted by this act may be prosecuted, sued for, and recovered, by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster or Dublin, or in the court of Exchequer, or in the court of session in Scotland, in the name of his Majesty's attorney general for England or Ireland, or his Majesty's advocate for Scotland respectively, or in the name of any person or persons whatsoever; wherein no essoine, &c. no more than one imparlance shall be allowed; and in every action or suit the person against whom judgment shall be given for any penalty or forfeiture under this act shall pay double costs of suit; and every such action or suit shall and may be brought at any time within twelve months after the offence committed, and not afterwards; and one moiety of every penalty to be recovered by virtue of this act shall go and be applied to his Majesty, his heirs or successors, and the other moiety to the use of such person or persons as shall first sue for the same, after deducting the charges of prosecution from the whole.

11. Rules in customs, and smuggling acts made applicable to this act.-If any action or suit shall be commenced, either in Great Britain or elsewhere, against any person or persons for any thing done in pursuance of this act, all rules and regulations, privileges and protections, as to maintaining or defending any suit or action, and plead- ́ ing therein, or any costs thereon, in relation to any acts, matters, or things done, or that may be done by any officer of customs or excise, or by any officer of his Majesty's navy, under any act of parliament in force on or immediately before the passing of this act, for the protection of the revenues of customs and excise, or prevention of smuggling, shall apply and be in full force in any such action or suit as shall be brought for any thing done in pursuance of this act, in as full and ample a manner, to all intents and purposes, as if the same privileges and protections were repeated and reenacted in this act.

12. Not to extend to Asia.-Nothing in this act contained shall be construed to extend to subject to any penalty any person who shall enter into the military service of any prince, state, or potentate in Asia, with leave or licence, signified in the usual manner, from the governor-general in council, or vice-president in council of Fort William in Bengal, &c.

[graphic]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

CHAPTER IX.

TABLES OF SOUTH SEA DUTIES-DUTIES PAYABLE TO THE RUSSIAN COMPANY-SCAVAGE, AND OTHER DUES PAYABLE TO THE CITY OF LONDON.

SOUTH SEA DUTIES.

Granted to raise a fund to indemnify the South Sea Company for the loss sustained by the surrender of the right of trade exclusively vested in them by the 9 Ann, c. 21-and when it shall have accumulated to the amount required it is to be transferred to the said company, and the Lords of the Treasury will cause a notice thereof to be published in the London Gazette, stating the time they are to cease. Goods, wares, and merchandise, imported into Great Britain from any of £. s. d. the kingdoms, lands, countries, territories, islands, cities, towns, ports, havens, creeks, and places of America, on the east side thereof, from the river Oronoko to the southernmost part of Terra del Fuego, through the South Seas, to the northernmost part of America;-and from all countries, islands, and places within the said limits, which are reported to belong to the crown of Spain, or which shall hereafter be discovered within the said limits, not exceeding 300 leagues from the continent of America, between the southernmost part of Terra del Fuego, and the northernmost part of America on the west side thereof:-(except the kingdom of Brazil, and such other places on the east side of America, as are now in the actual possession of the crown of Portugal and the country of Surinam, in the possession of the States General of the United Provinces ;) for every £100 value ....

.....

... 2 0 0

Ships or vessels entering inwards or outwards at any port in Great Britain, to or from any port or place within the limits above recited, (excepting ships or vessels importing only blubber, train oil, head matter, or whale fins, seal skins, and other produce of fish or creatures living in the seas, taken and caught by the crews of British and Irish built ships or vessels, and no other cargo as merchandise) for every ton burthen of such ship or vessel. ...... 0 1 6 Exemption-Blabber, train oil, head matter, or whale fins, seal skins, and other produce of fish or creatures living in the seas, taken and caught by the crews of British and Irish built ships or vessels ;-Bullion and Foreign Coin of gold and silver;-and Goods, Wares, or Merchandise, warehoused under the provisions of any warehousing act, and which shall be taken out of the warehouse for exportation, and duly exported according to law. 56 Geo. III. c. 77. § 2, 3.

By the existing treaty with La Plata, the duty on articles of the growth, produce, or manufacture of the United Provinces of Rio de la Plata are not to be levied.-Treas. Order, 12 Mar. 1823.

RUSSIA COMPANY DUTIES on Goods imported after the 10th April, 1829.

[blocks in formation]
« AnkstesnisTęsti »