OUTWARDS. Clearance of deemed to be in Ballast. to take no other Goods than the necessary personal Baggage of Passengers actually going the Voyage, it shall be lawful for such Master to enter such Ship outwards in Ballast for Passengers only; and if no other Goods than such Baggage, duly entered and cleared, be taken on board such Ship, the same shall be deemed to be a Ship in Ballast, notwithstanding such Baggage, and shall be described in the Clearance, on the Content, and on the Label to the Cocket or Cockets, and on the Victualling Bill, and in the Book of Ships' Entries, as a Ship cleared in Ballast, except as to the necessary personal Baggage of Passengers going the Voyage. LXXVIII. And be it further enacted, That if the Master and Crew of any Foreign Ship which is to depart in Ballast from the United Kingdom for Parts beyond the Seas, shall be desirous to for Use of Self take on board Chalk Rubbish by way of Ballast, to take with them Exception. In Ballast. Master may enter Goods and Crew. Privilege; to Master, Mate, Crew. for their private Use any small Quantities of Goods of British Manufacture, it shall be lawful for such Master, without entering such Ship outwards, to pass an Entry in his Name, and receive a Cocket free of any Export Duty for all such Goods, under the general Denomination of British Manufactures not prohibited to be exported, being for the Use and Privilege of the Master and Crew, and not being of greater Value than in the Proportion of Twenty Pounds for the Master, and Ten Pounds for the Mate, and Five Pounds for each of the Crew, and stating that the Ship is Master to clear in Ballast; and the Master shall duly clear such Goods for Shipment in Behalf of himself and Crew, stating in such Clearances the Particulars of the Goods and Packages, and the Names of the Crew who shall jointly or severally take any of such Goods under this Privilege; and such Ship shall be deemed to be a Ship in Ballast, and be cleared as such, and without a Content, notwithstanding such Goods, or such Cocket or Cockets; and such Clearance shall be notified by the Collector or Controller on the Label to the Cocket or Cockets, and on the Victualling Bill, and in the Book of Ships' Entries, as a Clearance in Ballast, except as to the Privilege of the Master and Crew. Goods. Ship deemed in Ballast. Exception. Officers may Clearance. Regulation as to Goods and Cockets. LXXIX. And be it further enacted, That it shall be lawful for board Ship after the Officers of the Customs to go on board any Ship after Clearance outwards, within the Limits of any Port in the United Kingdom or in the Isle of Man, or within Four Leagues of the Coast thereof, and to demand the File of Cockets, and the Victualling Bill; and if there be any Goods or Stores on board not contained in the Endorsements on the Cockets, nor in the Victualling Bill, such Goods or Stores shall be forfeited; and if any Goods contained in such Endorsements be not on board, the Master shall forfeit the Sum of Twenty Pounds for every Package or Parcel of Goods contained in such Endorsements and not on board; and if any Cocket be at any Time falsified, the Person who shall have falsified the same, or who shall have wilfully used the same, shall forfeit the Sum of One hundred Pounds. Penalty on Penalty. Ships to bring to at Stations, LXXX. And be it further enacted, That every Ship departing from any Port in the United Kingdom, or in the Isle of Man, shall bring to at such Stations within the Port as shall be appointed by the Commissioners of His Majesty's Customs for the Landing of Officers from such Ships, or for further Examination previous to such Departure. LXXXI. And LXXXI. And be it further enacted, That no Drawback or Bounty shall be allowed upon the Exportation from the United Kingdom of any Goods, unless such Goods shall have been entered in the Name of the Person who was the real Owner thereof at the Time of Entry and Shipping, or of the Person who had actually purchased and shipped the same, in his own Name and at his own Liability and Risk, on Commission, according to the Practice of Merchants, and who was and shall have continued to be entitled in his own Right to such Drawback or Bounty, except in the Cases hereinafter provided for. LXXXII. And be it further enacted, That such Owner or Commission Merchant shall make Oath upon the Debenture that the Goods mentioned therein have been actually exported, and have not been relanded, and are not intended to be relanded in any Part of the United Kingdom, nor in the Isle of Man, (unless entered for the Isle of Man,) nor in the Islands of Faro or Ferro, and that he was the real Owner thereof at the Time of Entry and Shipping, or that he had purchased and shipped the said Goods in his own Name, and at his own Liability and Risk, on Commission, as the Case may be, and that he was and continued to be entitled OUTWARDS, Debenture Entry in Name of real Owner; or of Commis sion Merchant, Oath to Export ation, Property back and chased. to the Drawback or Bounty thereon in his own Right: Provided Proviso, always, that if such Owner or Merchant shall not have purchased if Drawback, the Right to such Drawback or Bounty, he shall declare under his &c. not purHand upon the Entry, and in his Oath upon the Debenture, the Person who is entitled thereto; and the Name of such Person shall be stated in the Cocket, and in the Debenture; and the Receipt of such Person on the Debenture shall be the Discharge for such Drawback or Bounty. Agent may pass ceive Draw- the Oath, and answer Ques tions for Owner not resident. LXXXIII. And be it further enacted, That if such Owner or Merchant shall be resident in some Part of the United Kingdom, being more than Twenty Miles from the Custom House of the Port of Shipment, he may appoint any Person to be his Agent to make and pass his Entry, and to clear and ship his Goods, and to receive for him the Drawback or Bounty payable on his Debenture, if payable to him, provided the Name of such Agent and the Residence of such Owner or Merchant be subjoined to the Name of such Owner or Merchant in the Entry and in the Cocket for such Goods; and such Agent being duly informed shall make Declaration upon the Entry, if any be necessary, and shall also make Oath upon the Debenture, in Behalf of such Owner or Merchant, to the Effect before required of such Owner or Merchant, and shall answer upon Oath such Questions, touching his Knowledge of the Exportation of such Goods and the Property therein, and of the Right to the Drawback or Bounty, as shall be demanded of him by the Collector or Controller; and if any such Goods be Joint Stock exported by any Corporation or Company trading by a Joint Company. Stock, it shall be lawful for them to appoint any Person to be their Agent for the like Purposes, and with the like Powers to act in their Behalf. Persons abroad con LXXXIV. And be it further enacted, That if any Goods which Property of are to be exported for Drawback be the Property of any Person residing abroad, having been consigned by the Owner thereof to some Person as his Agent residing in the United Kingdom, to be exported through the same to Parts beyond the Seas, by such 3A 2 Agent, signed here to OUTWARDS. Debenture by him on account of Owner. Shipment within Three Years, and Pay ment within Two. Damaged Forfeiture and Penalty. Issuing and passing Debenture. Guernsey, &c. Press packing, and Oath of Packer. Agent, upon Account of such Owner, it shall be lawful for such Person, (being the Consignee by whom and in whose Name the Duties inwards on such Goods had been paid or his legal Representative,) in like Manner, as Agent for such Owner, to enter, clear and ship such Goods for him, and upon like Conditions to receive for him the Drawback payable thereon. LXXXV. And be it further enacted, That no Drawback shall be allowed upon the Exportation of any Goods, unless such Goods be shipped within Three Years after the Payment of the Duties inwards thereon; and that no Debenture for any Drawback or Bounty allowed upon the Exportation of any Goods, shall be paid after the Expiration of Two Years from the Date of the Shipment of such Goods; and that no Drawback shall be allowed upon any Goods which, by reason of Damage or Decay, shall have become of less Value for Home Use than the Amount of such Drawback; and all Goods so damaged which shall be cleared for any Drawback shall be forfeited; and the Person who caused such Goods to be so cleared shall forfeit the Sum of Two hundred Pounds, or Treble the Amount of the Drawback in such Case, at the Election of the Commissioners of the Customs. LXXXVI. And be it further enacted, That for the Purpose of computing and paying any Drawback or Bounty payable upon any Goods duly entered, shipped and exported, a Debenture shall, in due Time after such Entry, be prepared by the Collector and Controller, certifying in the first Instance the Entry outwards of such Goods; and so soon as the same shall have been duly exported, and a Notice containing the Particulars of the Goods shall have been delivered by the Exporter to the Searcher, the Shipment and Exportation thereof shall be certified to the Collector and Controller, upon such Debenture, by the Searcher; and the Debenture shall thereupon be computed and passed with all convenient Dispatch, and be delivered to the Person entitled to receive the same. LXXXVII. And be it further enacted, That no Drawback or Bounty shall be allowed for any Goods exported from the United Kingdom to Guernsey, Jersey, Alderney, Sark or the Isle of Man, until a Certificate shall be produced from the Collector and Controller of the Customs of the Isle of Man, or from the Register of Certificates or other Chief Officer of the Customs in Guernsey, Jersey, Alderney or Sark, of the due Landing of such Goods. the LXXXVIII. And be it further enacted, That no Drawback or Bounty shall be allowed for any Goods exported from the United Kingdom in Bales cleared as being Press packed, unless the Quantities and Qualities of the Goods in each of such Bales shall be verified by the Master Packer thereof, or in case of unavoidable Absence, by the Foreman of such Packer, having Knowledge of the Contents of the Bales, by Oath made and subscribed upon Cocket before the Collector or Controller; or if such Packer reside more than Ten Miles from the Port, then by Oath made and subscribed, upon an Account of such Goods, before a Magistrate or Justice of the Peace for the County or Place where such Packer shall reside; and if such Bales be not cleared as being Press packed, then the Searcher having opened any such Bale shall not be required to repack the same at his Charge. LXXXIX. And QUTWARDS. Debenture Debenture or warehoused LXXXIX. And be it further enacted, That no Goods cleared for Drawback or Bounty, or from the Warehouse, shall be carried waterborne, to be put on board any Ship for Exportation from the United Kingdom, by any Person, unless such Person shall be authorized for that Purpose by Licence under the Hands of the Licensed Commissioners of the Customs; and that, before granting such Lightermen Licence, it shall be lawful for the said Commissioners to require only to ship such Security by Bond for the faithful and incorrupt Conduct of such Person, as they shall deem necessary; and that, after granting such Licence, it shall be lawful for the said Commissioners to revoke the same, if the Person to whom the same shall have been granted shall be convicted of any Offence against the Laws relating to the Customs or Excise: Provided always, that all such Licences, quire Bond. which shall be in force at the Time of the Commencement of this Act, shall continue in force as if the same had been afterwards granted under the Authority of this Act. Goods. Commissioners may grant Liand recence, force carried to XC. And be it further enacted, That if any Goods which have Licences in been taken from the Warehouse to be exported from the same, or any Goods which have been cleared to be exported for any Draw- Warehouse or back or Bounty, shall not be duly exported to Parts beyond the Debenture Seas, or shall be relanded in any Part of the United Kingdom, Goods not ex(such Goods not having been duly relanded or discharged as short ported, or if reshipped under the Care of the proper Officers,) or shall be landed landed, or in the Islands of Faro or Ferro, or shall be carried to the Islands Guernsey, &c. of Guernsey, Jersey, Alderney, Sark or Man (not having been duly without Entry, entered, cleared and shipped to be exported directly to such forfeited. Island), the same shall be forfeited, together with the Ship from or by which the same had been so relanded, landed or carried, and any other Ship, Vessel, Boat or Craft which may have been used in so relanding, landing or carrying such Goods, and any Person by whom or by whose Orders or Means such Goods shall have been so taken or cleared, or so relanded, landed or carried, shall forfeit a Sum equal to Treble the Value of such Goods. XCI. And be it further enacted, That a Drawback of the whole of the Duties of Customs shall be allowed for Wine intended for the Consumption of Officers of His Majesty's Navy, on board such of His Majesty's Ships in actual Service as they shall serve in, not exceeding the Quantities of Wine, in any one Year, for the Use of such Officers, hereinafter respectively mentioned; (that is to say,) For every Admiral Vice Admiral Rear Admiral Captain of the First and Second Rate Lieutenant and other Commanding Officer, and for every Marine Officer GALLONS. - 1260 - 1050 840 630 420 210 105 Provided always, that such Wine be shipped only at one of the XCII. And be it further enacted, That the Person entering such 3 A 3 Penalty. Officers in the Proviso as to Port of Shiping. Oath by Per sons entering such Wine for Entry, Drawback. OUTWARDS. Debenture Officers leaving the Service, &c. such Wine permitted to be transferred to others. Wine unduly Pursers of His of War may Purser removed from one Ship to another may tranship Tobacco with Permission of Col Jector. Proviso. Entry, and declare upon Oath on the Debenture, the Name of the Officer for whose Use such Wine is intended, and of the Ship in which he serves; and such Wine shall be delivered into the Charge of the Officers of the Customs at the Port of Shipment, to be secured in the King's Warehouse until the same shall be shipped under their Care; and such Officers having certified upon the Debenture the Receipt of the Wine into their Charge, the Debenture shall be computed and passed, and be delivered to the Person entitled to receive the same. XCIII. And be it further enacted, That if any such Officer shall leave the Service, or be removed to another Ship, it shall be lawful for the Officers of the Customs, at any of the Ports before mentioned, to permit the Transfer of any such Wine from one Officer to another, as Part of his Proportion, whether on board the same Ship or another, or the Transhipment from one Ship to another for the same Officer, or the relanding and warehousing for future Reshipment; and it shall also be lawful for the Officers of Customs at any Port to receive back the Duties for any such Wine, and deliver the same for Home Use: Provided always, that if any of such Wine be not laden on board the Ship for which the same was intended, or be unladen from such Ship without Permission of the proper Officer of the Customs, the same shall be forfeited. XCIV. And Whereas it is expedient to make Provisions for suplying the Crews of His Majesty's Ships of War with Tobacco for their Use, without Payment of any Duty;' Be it therefore enacted, That it shall be lawful for the Purser of any of His Majesty's Ships of War in actual Service, to enter and ship at the Ports of Rochester, Portsmouth or Plymouth, in the Proportions hereinafter mentioned, any Tobacco there warehoused in his Name or transferred into his Name, for the Use of the Ship in which he shall serve; provided such Purser shall deliver to the Collector or Controller of such Port a Certificate from the Captain of such Ship, stating the Name of the Purser and the Number of Men belonging to the Ship; and shall also give Bond, with One sufficient Surety, in Treble the Duties payable on the Tobacco, that no Part thereof shall be relanded in the United Kingdom, without Leave of the Officers of the Customs, or be landed in either of the Islands of Guernsey, Jersey, Alderney, Sark or Man. XCV. And be it further enacted, That if any Purser shall be removed from one Ship to another, it shall be lawful for the Collector and Controller of the Port where such Ships shall be, to permit the Transhipment of the Remains of any such Tobacco, for the Use of such other Ship, upon due Entry of such Tobacco by such Purser, setting forth the Time when and the Port at which such Tobacco was first shipped; and if any such Ship shall be paid off, it shall be lawful for the Collector and Controller of any Port where such Ship shall be paid off, to permit the Remains of any such Tobacco to be landed, and to be entered by the Purser of such Ship, either for Payment of Duties, or to be warehoused for the Term of Six Months, for the Supply of some other such Ship, in like Manner as any Tobacco may be warehoused and supplied at either of the Ports before mentioned, or for Payment of all Duties within such Six Months: Provided always, that all Tobacco warehoused for the Purpose of so supplying His Majesty's 20 Ships |