20 Commencement Act. 6th GEORGII IV. CHAP. 109. they have from Time to Time been made should be secured by new Enactments, exhibiting more perspicuously and compendiously the various Provisions contained in them; And whereas the Laws relating to the Encouragement of British Navigation will thereby be repealed, and it is expedient to make Provisions in lieu thereof, for the due Encouragement of British Shipping and British Seamen, after such Repeal shall have Effect; Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the of Authority of the same, That from and after the Fifth Day of January One thousand eight hundred and twenty-six, this Act shall come into and be and continue in full Force and Operation, and shall constitute and be the Law of Navigation of the British Empire. Europe, enumerated II. And be it further enacted, That the several Sorts of Goods hereinGoods for Home Use: after enumerated, being the Produce of Europe; (that is to say), Masts, Timber, Boards, Salt, Pitch, Tar, Tallow, Rosin, Hemp, Flax, Currants, Raisins, Figs, Prunes, Olive Oil, Corn or Grain, Pot Ashes, Wine, Sugar, Vinegar, Brandy, and Tobacco. shall not be imported into the United Kingdom, to be used therein, except in British Ships, or in Ships of the Country of which the Goods are the Produce, or in Ships of the Country from which the Goods are imported. in British Ships, or Ships of Place, or Ships of Produce. Goods the Produce of Asia, Africa, or Ame rica, may not be im III. And be it further enacted, That Goods, the Produce of Asia, Africa, or America, shall not be imported from Europe into the United Kingdom, ported from Europe, to be used therein, except the Goods herein-after mentioned; (that is to say), except in certain Cases. Goods the Produce of Goods, the Produce of Places in Asia or Africa within the Straits of Goods, the Produce of Places within the Limits of the East India Com- Bullion, Diamonds, Pearls, Rubies, Emeralds, and other Jewels or Pre- IV. And be it further enacted, That Goods, the Produce of Asia, Africa, Asia, Africa, or Ame- 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 Goods herein-after mentioned; (that is to say), ported in Foreign Ships except in certain Cases. Goods the Produce of the Dominions of the Grand Seignor, in Asia or Africa, which may be imported from his Dominions in Europe, in Ships of his Dominions: Raw Silk and Mohair Yarn, the Produce of Asia, which may be imported Produce of the Coun V. Provided always, and be it further enacted, That all Manufactured Goods to be deemed Goods shall be deemed to be the Produce of the Country of which they try where manufac are the Manufacture. tured. VI. And be it further enacted, That no Goods shall be imported into the From Guernsey, &c. United Kingdom from the Islands of Guernsey, Jersey, Alderney, Sark, or in British Ships. Man, except in British Ships. in British Ships. VII. And be it further enacted, That no Goods shall be exported from Exports to Asia, &c. the United Kingdom to any British Possession in Asia, Africa, or America, and to Guernsey, & nor to the Islands of Guernsey, Jersey, Alderney, Sark, or Man, except in British Ships. VIII. And be it further enacted, That no Goods shall be carried Coast- Constwise, British wise, from one Part of the United Kingdom to another, except in British Ships. Ships. Ships. Guernsey, IX. And be it further enacted, That no Goods shall be carried from any Between of the Islands of Guernsey, Jersey, Alderney, Sark, or Man, to any other of Jersey, &c. iu British such Islands; nor from one Part of any such Islands to another Part of the same Island, except in British Ships. sessions in Asia, Afri. ca, or America, in X. And be it further enacted, That no Goods shall be carried from any Between British PosBritish Possession in Asia, Africa, or America, to any other of such Possessions, nor from any one Part of any of such Possessions to another British Ships. Part of the same, except in British Ships. se-sions in America, XI. And be it further enacted, That no Goods shall be imported into Between British Posany British Possession in Asia, Africa, or America, in any Foreign Ships, and other Places in unless they be Ships of the Country of which the Goods are the Produce, and from which the Goods are imported. America, less registered, and : XII. And be it further enacted, That no Ship shall be admitted to be a No Ship British, unBritish Ship unless duly registered and navigated as such; and that every navigated as such British registered Ship (so long as the registry of such Ship shall be in force, or the certificate of such registry retained for the use of such Ship) shall be navigated during the Whole of every Voyage (whether with a To be navigated by Cargo or in Ballast), in every Part of the World by a Master who is a Three-fourths British British Subject, and by a Crew, whereof 'Three-fourths at least are British Seamen: Seamen; and if such Ship be employed in a Coasting Voyage from any one Part of the United Kingdom to another, or in a Voyage between, the British Master and Costing Frade, or tish Coasts Fisheries, Guernsey, &c. or Bri men. all to be British Sea- 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 be employed in fishing on the Coasts of the United Kingdom or of any of the said Islands, then the Whole of the Crew shall be British Seamen. All Vessels under Fif teen Tons Burtben XIII. Provided always, and be it further enacted, That all British built admitted in Naviga- Boats or Vessels under Fifteen Tons Burthen, wholly owned and navition upon Rivers, &c. gated by British Subjects, 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; and that all British built Boats or Vessels wholly owned and navigated by British Subjects, not exceeding the Burthen of Thirty Tons, and not having a whole or a fixed Deck, and being employed solely in fishing on the Banks and Shores of Newfoundland, and of the Parts adjacent, or on the Banks and Shores of the Provinces of Canada, Nova Scotia, or New Brunswick, adjacent to the Gulf of St. Lawrence, or on the North of Cape Canso, or of the Islands within the same, or in trading Coastwise within the said Limits, shall be admitted to be British Boats or Vessels, although not registered, so long as such Boats or Vessels shall be solely so employed. Honduras Ships to be as British, in Trade with United Kingdom. Ship of any Foreign British built and navi Seamen (Three fourths) of the Coun XIV Provided also, and be it further enacted, That all Ships built in the British Settlements at Honduras, and owned and navigated as British Ships, shall be entitled to the Privileges of British registered Ships in all direct Trade between the United Kingdom 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. XV. And be it further enacted, That no Ship shall be admitted to be Built of, or Prize to a Ship of any particular Country, unless she be of the Built of such such Country; or Country; or have been made Prize of War to such Country; or have gated by Master and been forfeited to such Country under any Law of the same made for the Prevention of the Slave Trade, and condemned as such Prize or Forfeiture by a competent Court of such Country; or be british built (not having been a Prize of War from British Subjects to any other Foreign Country;) nor unless she be navigated by a Master who is a Subject of such Foreign Country, and a Crew of whom Three-fourths at least are Subjects of such Country; nor unless she be wholly owned by Subjects try, and owned by Subjects of the Coun try. 6th GEORGII CHAP. 109. of such Country usually residing therein, or under the Dominion thereof; Provided always, that the Country of every Ship shall be deemed to include all Places which are under the same Dominion as the Place to which such Ship belongs. 23 not British, unless na Subjects by Conquest War. XVI. And be it further enacted, That no Person shall be qualified to be Master and Seamen a Master of a British Ship, or to be a British Seaman within the Meaning tural born, or naturaof this Act, except the natural-born Subjects of His Majesty, or Persons lized, or Denize as, or naturalized by any Act of Parliament, or made Denizens by Letters of or Cession, or served Denization; or except Persons who have become British Subjects by vir- in H. M. Ships of tue of Conquest or Cession of some newly acquired Country, and who shall have taken the Oath of Allegiance to His Majesty, or the Oath of Fidelity required by the Treaty or Capitulation by which such newly ac quired Country came into His Majesty's Possessions; 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: Provided always, that the Natives of Places within the Limits of the East India Company's Charter, although under British Dominion, shall not, upon the Ground of being such Natives, be deemed to be British Seamen: Provided always, that 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 of the 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. ved Two Years on War, to be considered XVII. Provided always, and be it further enacted, That it shall be law- Foreigners having ser ful for His Majesty, by His Royal Proclamation during War, to declare board H. M. S. during that Foreigners, having served Two Years on board any of His Majesty's Ships of War, in Time of such War, shall be British Seamen within the Meaning of this Act. depart British Port groes in America, or XVIII. And be it further enacted, That no British registered Ship shall British Ship not to be suffered to depart any Port in the United Kingdom, or any British Pos- without British Crew, session in any Part of the World (whether with a Cargo or in Ballast,) except British Neunless duly navigated: Provided always, that any British Ships, trading Lascars in India. between Places in America, may be navigated by British Negroes; and that Ships trading Eastward of the Cape of Good Hope, within the Limits of the East India Company's Charter, may be navigated by Lascars, or other Natives of Countries within those Limits. If Excess of Foreign XIX. And be it further enacted, That if any British registered Ship Seamen, Penalty 10. shall at any Time have, as Part of the Crew in any Part of the World, for each: any Foreign Seaman not allowed by Law, the Master or Owner of such Ship shall for every such Foreign Seaman forfeit the Sum of Ten Pounds: Provided always, that if a due Proportion of British Seamen cannot be cannot be procured in Foreign Ports, or in India; or Propor ficate produced, or Proof made procured in any Foreign Port, or in any Place within the Limits of the tion destroyed na East India Company's Charter, for the Navigation of any British Ship; voidably; and Certi- or if such Proportion be destroyed during the Voyage by any unavoidable Circumstance, and the Master of such Ship produce a Certificate of such Facts under the Hand of any British Consul, or of Two known British Merchants, if there be no Consul at the Place where such Facts can be ascertained, or from the British Governor of any Place within the Limits of the East India Company's Charter; or in the Want of such Certificate, shall make Proof of the Truth of such Facts to the Satisfaction of the Collector and Controller of the Customs of any British Port, or of any Person authorized in any other Part of the World to inquire into the Navigation of such Ship, the same shall be deemed to be duly navigated. Proportion of Seamen Proclamation. XX. And be it further enacted, That if His Majesty shall, at any Pay be altered by Time by His Royal Proclamation, declare that the Proportion of British Seamen necessary to the due Navigation of British Ships shall be less than the Proportion required by this Act, every British Ship navigated with the Proportion of British Seamen required by such Proclamation shall be deemed to be duly navigated, so long as such Proclamation shall remain in force. Goods prohibited on may be imported for Exportation. XXI. Provided always, and be it further enacted, That Goods of any Sort or the Produce of any Place, not otherwise prohibited than by the ly by Navigation Law 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, under the Provisions of any Law in force for the Time being, made for the Warehousing of Goods without Payment of Duty upon the First Entry thereof. XXII. And be it further enacted, That if any Goods be imported, exGoods imported, &c. ported, or carried Coastwise, contrary to the Law of Navigation hereincontrary to Law of before contained, all such Goods shall be forfeited, and the Master of such Ship shall forfeit the Sum of One hundred Pounds. Navigation, to be forteited. XXIII. And be it further enacted, That this Act may be altered, varied, Act may be altered or repealed by any Act or Acts to be passed in this present Session of this Session. Parliament. CHAP. |