upon Deficiencies.

be then ascertained) of the Goods still remaining in the Warehouse, as the Case may be, deducting from the Whole the Quantity contained in any whole Packages (if any) which may have been abandoned, for the Duties to be paid Duties; and if upon such Account there shall in either Case appear to be any Deficiency of the original Quantity, the Duty payable upon the Amount of such Deficiency shall then be paid.

Samples may be

XXXIX And be it further enacted, That it shall be lawful for the Col- taken. lector and Controller, under such Regulations as they shall see fit, to permit moderate Samples to be taken of any Goods so Warehoused without Entry, and without Payment of Duty, except as the same shall eventually become payable, as on a Deficiency of the original Quantity.

Goods may be sorted

XL. And be it further enacted, That it shall be lawful for the Collec- and re-packed. tor and Controller, under such Regulations as they shall see fit, to permit the Proprietor or other Person having Controul over any Goods so Warehoused, to sort, separate, and pack and repack any such Goods, and to make such lawful Alterations therein, or Arrangements and Assort

ments thereof, as may be necessary for the Preservation of such Goods, Duty due on first or in order to the Sale, Shipment, or legal Disposal of the same; and Quantity. also to permit any Parts of such Goods so separated to be destroyed,

but without Prejudice to the Claim for Duty upon the whole original Whole Packages may Quantity of such Goods: Provided always, that it shall be lawful for any be abandoned for Person to abandon any whole Packages to the Officers of the Customs for the Duties, without being liable to any Duty upon the same.

Duty.

All Goods to be

XLI. And be it further enacted, That all Goods which have been 50 cleared within Two Warehoused shall be duly cleared, either for Exportation or for Home Years, or sold. Consumption, within Two Years 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 Warehouse Rent and other Charges, and the Overplus (if any) shall be paid to the Propri etor: Provided always, that it shall be lawful for the Collector and Con- Further Time may troller to grant further Time for any such Goods to remain Warehoured, if they shall see fit so to do.

granted.

XLII. And be it further enacted, That upon the Entry outwards of any Bond on Entry for Exportation. Goods to be Exported from the Warehouse, the Person entering the same shall give Security by Bond, in Treble the Duties of the Importation on the Quantity of such Goods, with Two sufficient 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.

XLIII. And be it further enacted, That it shall be lawful for His Majesty Power to appoint in Council from Time to Time to appoint any Port in His Majesty's Pos. other Ports,

46

-Goods from Mauritius

liable to same Duties

West India Goods.

6th GEORGII IV. CHAP. 114.

sessions 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, inas full and ample a Manner, in all respects, as any of the Ports herein-before mentioned are Free Warehousing Ports appointed by this Act.

XLIV. And whereas it is expedient that all Duties and Regulations, and Regulations as relating to Importation and Exportation into and from His Majesty's Islands in the West Indies, should be extended to the Island of Mauritius; Be it therefore enacted, That all goods, Wares, and Merchandize, the Growth, Produce, or Manufacture of the Island of Mauritius, and all Goods, Wares, and Merchandize 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 Merchandize, 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 Merchandize from the United Kingdom to the Island of Mauritius, such Goods, Wares, or Merchandize 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 form the United Kingdom to any of His Majesty's Islands in the West Indies, and that all Goods, Wares, and Merchandize which shall be Imported into or Exported from the said Island of Mauritius, from orto 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 Marchandize 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.

Dutch Proprietors in

XLV. And be it further enacted, That it shall be lawful for any of the Demerara, Essequibo subjects of the King of the Netherlands, being Dutch Proprietors, in the Colonies of Demerara and Essequibo, and of Berbice, to Import in Dutch Ships, from the Netherlands into the said Colonies, all the usual Articles

and Berbice, may

supply their Estates from Holland.

6th GEORGII IV. CHAP. 114.

of Supply for their Estates therein; and also Wine Imported for the Purposes of Medicine only, and which shall be liable to a Duty of Ten Shillings per Ton, 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 lawful for such Dutch Proprietors Dutch Proprietors to Export the Produce of their Estates to the United may not export to Kingdom, or to any of His Majesty's Sugar Colonies in America.

47

United Kingdom or
Colonies.

Proprietors.

Estates.

XLVII. And be it further enacted, That all Subjects of His Majesty What Persons shall the King of the Netherlands resident in His said Majesty's European Do be deemed Dutch minions, who were at the Date of the Signature of the Convention between His late Majesty King George the Third and the King of the Netherlands, dated the Twelfth of August One Thousand eight hundred and fifteen, Proprietors of Estates in the said Colonies, and all Subjects of His said Proprietors of 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 Holders of Mortwish to continue to be considered as such, and all Subjects of His said ages, Majesty the King of the Netherlands who may be Holders of Mortgages of Estates in the said Colonies made prior to the Date of the Convention, and who may under their Mortgage eeds 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 Mortgages shall be in proportion to the Debts respectively due to them.

Domingo, or from

XLVIII. And be it further enacted, That no British, Merchant Ship or No Ship to sail from Vessel shall sail from any Place in the Island of Jamaica to any Place in Jamaica to Saint the Island of Saint Domingo, nor from any Place in the Island of Saint Saint Domingo to Domingo to any Place in the Island of Jamaica, under the Penalty of the Jamaica. 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 Harbour in the Island of Jamaica; and if any such Ship or Vessel, having come into any such Port or Harbour, shall continue there for Forty-eight Hours after Notice shall

43

Colonial Laws repug nant to any Act of Parliament, to be null and void.

Officers may board

Coasts.

6th GEORGII IV. CHAP. 114.

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 Licence shall have been given by the Governor of Jamaica to land such Person, such Ship shall be forfeited, together with her Cargo.

XLIX. And be it further enacted, That all Laws, Bye Laws, Usages or Customs at this Time, or which hereafter shall be in practice, or endeavoured or pretended to be in force or practice, in any of the British Possessions in America, which are in anywise 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 for the Officers of Ships hovering on the Customs to go on board any Ship in any Port in any British Possession in America, and to rummage and search all Parts of such Ship for prohibi. ted 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.

Forfeiture of Vessels, Carriages, &c. removing Goods

LI. And be it further enacted, That all Vessels, Boats, and Carriages, and all Cattle made use of in the Removal of any Goods liable to ForHiable to Forfeiture. feiture under this Act, shall be forfeited, and every Person who shall assist or be otherwise concerned in the unshipping, landing or removal, or in the harbouring 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.

6th GEORGII IV. CHAP. 114.

liable to Forfeiture,

49

LII. And be it further enacted, That all Goods, and all Ships, Vessels Goods, Vessels, &c. and Boats, and all Carriages, and all Cattle liable to Forfeiture under may be seized by Offi this Act, shall and may be seized and secured by any Officer of the Cus- cers. toms or Navy, 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.

Goods liable to For.

LIII. And be it further enacted, That under Authority of a Writ of As Writ of Assistance to sistance granted by the Superior or Supreme Court of Justice, or Court search for and seize 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 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.

cers by Force.

LIV. And be it further enacted, That if any Person shall by Force or Obstruction of Ofi 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.

Custom House.

LV. And be it further enacted, That all Things which shall be seized Goods seized to be as being liable to Forfeiture under this Act, shall be taken forthwith and secured at the next delivered into the Custody of the Collector and Controller of the Customs at the Custom House 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 Goods seized to be condemned as forfeited under this Act shall, under the Direction of the sold by Auction. 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