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No. II. 12 Car. II. c. 18.

No Goods of

from the Places of their said Growth.

thereof, and whereof the master and three-fourths at least of her mariners are English; under the penalty of the forfeiture of all such goods and commodities and of the ship or vessel in which they were imported, with all her guns tackle furniture ammunition and apparel; one moiety to his Majesty his heirs and successors; and the other moiety to him or them who shall seize inform or sue for the same in any court of record by bill information plaint or other action, wherein no essoign protection or wager of law shall be allowed.

IV. And it is further enacted by the authority aforesaid, That no goods Foreign Growth or commodities that are of foreign growth production or manufacture and or Manufacture which are to be brought into England Ireland Wales the islands of shall be brought Guernsey and Jersey or town of Berwick upon Tweed in English-built into England, shipping or other shipping belonging to some of the aforesaid places and &c. in English navigated by English mariners as aforesaid, shall be shipped or brought Ships, but only from any other place or places country or countries, but only (7.) from those of the said growth production or manufacture, or from those ports where the said goods and commodities can only or are or usually have been first shipped for transportation (8.) and from none other places or countries, under the penalty of the forfeiture of all such of the aforesaid goods as shall be imported from any other place or country contrary to the true intent and meaning hereof, as also of the ship in which they were imported with all her guns furniture ammunition-tackle and apparel; one moiety to his Majesty his heirs and successors, and the other moiety to him or them that shall seize inform or sue for the same in any court of record to be recovered as is before exprest.

Altered by

7. Ann. c. 8. sec. 12. as to American Drugs.

Protestant Strangers are excepted by

10 & 11 W. 3.

c. 24. § 13. and

of Anchovies, &c. provided for by sec. 14.

V. [All ling stockfish, &c. oil, &c. whale-fins, &c. imported, not caught in vessels by the proprietors themselves, &c. shall pay double aliens custom.]

VI. And be it further enacted by the authority aforesaid, That from henceforth it shall not be lawful to any person or persons whatsoever to load or cause to be loaden and carried in any bottom or bottoms ship or ships vessel or vessels whatsoever, whereof any stranger or strangers-born (unless such as shall be denizens or naturalized) be owners part-owners the Importation or master, and whereof three-fourths of the mariners at least shall not be English, any fish victual wares goods commodities or things of what kind or nature soever the same shall be, from one port or creek of England Ireland Wales islands of Guernsey or Jersey or town of Berwick upon Tweed to another port or creek of the same or of any of them; under penalty for every one that shall offend contrary to the true meaning of this branch of this present Act, to forfeit all such goods as shall be loaden and carried in any such ship or vessel together with the ship or vessel and all her guns ammunition tackle furniture and apparel; one moiety to his Majesty his heirs and successors, and the other moiety to him or them that shall inform seize or sue for the same in any court of record to be recovered in manner aforesaid.

No Goods to

be laded or car

ried from one

Part of England

to another in the Vessel of any Alien not denizened, &c. The Penalty. 1 Salk. 223.

Goods of the

VII. [Abatement in the book of rates to extend only where three parts of the mariners be English.]

VIII. And it is further enacted by the authority aforesaid, That no Growth or Ma- goods or commodities of the growth production or manufacture of Musnufacture of Muscovy or Russia. Explained by 13 & 14 Car. 2. c. 11. sec. 23. 5 Mod. 193.

(7.) Mr. Reeves, (p. 181.) after stating different opinions which had been given upon the subject, says, "Upon the whole it is judged not to be sufficient that the whole of the voyage is performed in a British ship, but it must be in the same ship, for if trans shipping be allowed, it would be very difficult to prove whether the former voyage was performed in a legal way, and the provision might thus be easily evaded. How ever, where a ship has suffered such damage as to be unladen at some port, and the goods are put into another British vessel, the importation is al ways considered as a continuation of the first

voyage. But this is a case of necessity, and it must be proved before the importation is allowed.

(8.) By 19 George III. c. 48. it is provided that this section should not be construed to permit any goods of the growth or production of Africa, Asia, or America, which shall be in any degree manufactured in foreign parts, to be imported into Great Britain, &c. unless manufactured in the country or place of which they were the growth and production, or in the place which such goods and commodities can be only or are first shipped, (leaving out usually, Reeves, 170.) and from no other country or place whatsoever.

No. II.

12 Car. II.

c. 18,

covy or of any the countries dominions or territories to the great Duke or Emperor of Muscovy or Russia belonging, as also that no sort of masts timber or boards, no foreign salt pitch tar rosin hemp or flax raisins figs prunes olive oils, no sorts of corn or grain sugar pot-ashes wines vinegar or spirits called aqua-vite or brandy-wine, shall from and after the first day of April which shall be in the year of our Lord one thousand six hundred and sixty-one be imported into England Ireland Wales or town of Berwick upon Tweed in any ship or ships vessel or vessels whatsoever, but in such as do truly and without fraud belong to the people thereof or some of them as the true owners and proprietors thereof, and whereof the master and three-fourths of the mariners at least are English: and that no currants nor commodities of the growth production or manufacture of Turkish Emany of the countries islands dominions or territories to the Othoman or pire. Turkish empire belonging, shall from and after the first day of September which shall be in the year of our Lord one thousand six hundred sixtyone, be imported into any of the afore-mentioned places in any ship or vessel but which is of English built and navigated as aforesaid and in no other, except only such foreign ships and vessels as are of the built of that country or place of which the said goods are the growth production or manufacture respectively, or of such port where the said goods can only be or most usually are first shipped for transportation, and whereof the master and three-fourths of the mariners at least are of the said county or place under the penalty and forfeiture of ship and goods to be disposed and recovered as in the foregoing clause. (9.)

IX. Provided always, and be it hereby enacted by the authority afore- Frauds in con-said, That for the prevention of the great frauds daily used in colouring cealing Aliens and concealing of aliens goods, all wines of the growth of France or Ger- Goods, how to many which from and after the twentieth day of October one thousand be prevented. six hundred and sixty shall be imported into any the ports or places aforesaid in any other ship or vessel than which doth truly and without fraud belong to England Ireland Wales or town of Berwick upon Tweed, and navigated with the mariners thereof as aforesaid, shall be deemed aliens goods and pay all strangers customs and duties to his Majesty his heirs and successors, as also to the town or port into which they shall be imported; and that all sorts of masts timber or boards as also all foreign salt pitch tar rosin hemp flax raisins figs prunes olive oils all sorts of corn or grain sugar pot-ashes spirits commonly called brandy wine or aquavita, wines of the growth of Spain the islands of the Canaries or Portugal Madeira or western islands; and all the goods of the growth production or manufacture of Muscovy or Russia, which from and after the first day of April which shall be in the year of our Lord one thousand six hundred sixty-one shall be imported into any the aforesaid places in any other than such shipping, and so navigated; and all currants and Turkey commodities, which from and after the first day of September one thousand six hundred sixty-one shall be imported into any the places aforesaid in any other than English-built shipping and navigated as aforesaid, shall be deemed aliens goods and pay accordingly to his Majesty his heirs and successors and to the town or port into which they shall be imported.

X. [How to prevent frauds in colouring and buying foreign ships. See 13 & 14 Car. 2. c. 11. sec. 6. The oath to be administered.]

XI. [Officers of the Customs not to allow any privilege to any foreignbuilt ship, until certificate or proof, &c. Altered by 6 Anne, c. 37. sec. 21.]

XII, Provided always, That this Act or any thing therein contained Proviso for Goods of the Streights or Levant. In part repealed by 6 Geo. 1. c. 14.

(9) Where a licence was obtained and insurance effected from Riga to Hull, on goods the produce of Russia, on board a Swedish ship, but the ship sailed three days before the letter directing the licence to be obtained reached the agent; the letter having been delayed by contrary winds beyond the usual time, and the licence was ob

tained two days afterwards, and the insurance effected subsequently to that; held, that though the voyage was in its investion illegal, being contrary to 12 Car. 2. c. 18. sec. 8. nevertheless the assured might recover back the premium.-Hentig v. Staniforth, 5 M. & S. 122.

No. II.

12 Car. II. c. 18.

East India
Commodities.

Proviso for

from Spain,

Portugal,
Azores, Ma-

extend not or be meant to restrain and prohibit the importation of any the commodities of the Streights or Levant seas loaden in English-built shipping, and whereof the master and three-fourths of the mariners at least are English, from the usual ports or places for lading of them heretofore within the said Streights or Levant seas, though the said commodities be not of the very growth of the said places.

XIII. Provided also, That this Act or any thing therein contained extend not or be meant to restrain the importing of any East India commodities loaden in English-built shipping, and whereof the master and three-fourths of the mariners at least are English, from the usual place or places for lading of them in any part of those seas to the southward and eastward of Cabo bona Esperanza, although the said ports be not the very places of their growth.

of

XIV. Provided also, That it shall and may be lawful to and for any Goods imported the people of England Ireland Wales islands of Guernsey or Jersey, or town of Berwick-upon-Tweed in vessels or ships to them belonging, and whereof the master and three-fourths of the mariners at least are English, to load and bring in from any of the ports of Spain or Portugal or western islands commonly called Azores or Madeira or Canary islands, all sorts of goods or commodities of the growth, production or manufacture of the plantations or dominions of either of them respectively. (10.)

deira, or Canary

Islands.

Proviso for Bul- XV. Provided, That this Act or any thing therein contained extend lion, and Goods not to bullion nor yet to any goods taken or that shall be bona fide taken taken by way of by way of reprisal by any ship or ships belonging to England Ireland or Reprisal. Wales islands of Guernsey or Jersey or town of Berwick-upon-Tweed, and whereof the master and three-fourths of the mariners at least are English, having commission from his Majesty his heirs or successors. XVI. [Proviso concerning goods of Scotland, goods of Russia.] XVII. [The duty payable upon goods in French ships. Enforced by 13 & 14 Car. 2. c. 11. sec. 24. Enlarged as to rice and mellosses by 3 & 4 Anne, c. 5. sec. 12. and as to copper ore by 8 Geo. 1. c. 18. sec. 22.] XVIII. And it is further enacted by the authority aforesaid, That from and after the first day of April which shall be in the year of our Lord one thousand six hundred sixty-one no sugars tobacco cotton-wool indigoes ginger fustick or other dyeing wood of the growth production or manufacture of any English plantations in America Asia or Africa shall be shipped carried conveyed or transported from any of the said English plantations to any land island territory dominion port or place whatsoever, other than to such other English plantations as do belong to his Majesty his heirs and successors or to the kingdom of England or Ireland or principality of Wales or town of Berwick-upon-Tweed, there to be laid on shore under the penalty of the forfeiture of the said goods or the full value thereof, as also of the ship with all her guns tackle apparel ammunition and furniture; the one moiety to the King's Majesty his heirs and successors, and the other moiety to him or them that shall seize inform or sue for the same in any court of record by bill plaint or information, wherein no essoign protection or wager of law shall be allowed.

Ships of EngXIX. And be it further enacted by the authority aforesaid, That for land, sailing in every ship or vessel which from and after the five-and-twentieth day of any English Plantations, shall be bound to bring Goods there loaded into England, &c.

(10.) If a British subject, purchasing by the King's licence a hostile-built vessel, which is not entitled or required to have a British register, charters her on a voyage out to the Azores and home, and sends her to sea with a crew in which there is not the proportion of British mariners required by Stat. 12 Car. 2. c. 18. sec. 14. this does not avoid a policy on the outward part of the voyage; because non constat that the owners will not obtain a due proportion of British seamen before her return. Nor is it an objection to the same policy that she is foreign built; for held that the Stat. 49 Geo. 3. c. 60. sec. 1, authorises

the ships of any country in amity, by the King's licence, to bring foreign produce to England, though not English-built or registered, contrary to sec. 3 & 10 of the Stat. 12 Car. 2. c. 18.; and that a ship purchased by a British subject from an enemy with licence, is the ship of a country in amity; and non constat that a licence to import will not be obtained before the act of importation is complete: and for the same reasons the insurance on the homeward part of the voyage was not illegal. Sewell v. the Royal Exchange Company, 4 Taunt. 856. and see Cohin v. Hannam, 5 Taunt, 701.

No. II.

December in the year of our Lord one thousand six hundred and sixty shall set sail out of or from England Ireland Wales or town of Berwickupon-Tweed for any English plantation in America Asia or Africa, suf- 12 Car. II. ficient bond shall be given with one surety to the chief officers of the custom-house of such port or place from whence the said ship shall set

c. 18.

sail to the value of one thousand pounds if the ship be of less burthen Farther Provithan one hundred tons; and of the sum of two thousand pounds if the sions relating to ship shall be of greater burthen: that in case the said ship or vessel shall such Bonds. load any of the said commodities at any of the said English plantations 7 & 8 W. 3. that the same commodities shall be by the said ship brought to some c. 22. sec. 13. port of England Ireland Wales or to the port or town of Berwick-upon- 8 Anne, c. 13. Tweed, and shall there unload and put on shore the same, the danger of sec. 23. the seas only excepted: and for all ships coming from any other port or Repealed as to place to any of the aforesaid plantations who by this Act are permitted to Ireland, by trade there, that the governor of such English plantations shall before the 22 & 23 Ćar. 2. said ship or vessel be permitted to load on board any of the said com- c. 26. sec. 11. modities, take bond, in manner and to the value aforesaid for each re- 22 & 23 Car. 2. spective ship or vessel, that such ship or vessel shall carry all the afore- c. 16. sec. 12. said goods that shall be laden on board in the said ship to some other of his Majesty's English plantations or to England Ireland Wales or town of Berwick-upon-Tweed: and that every ship or vessel which shall load or take on board any of the aforesaid goods until such bond given to the said governor or certificate produced from the officers of any customhouse of England Ireland Wales or of the town of Berwick, that such bonds have been there duly given, shall be forfeited with all her guns tackle apparel and furniture, to be employed and recovered in manner as aforesaid; and the said governors and every of them shall twice in every year, after the first day of January one thousand six hundred and sixty, return true copies of all such bonds by him so taken to the chief officers of the Custom in London. [Confirmed by 13 Car. 2 stat. 1. c. 14.]

[ No. III. ] 13 & 14 Charles II. c. 11.-An Act for preventing Frauds, and regulating Abuses in his Majesty's Customs.

VI. AND for the better increase of shipping and navigation, Be it further

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enacted, That the collectors and other officers of his Majesty's Car. II. c. 11 customs in all the ports of England shall forthwith give an account unto Account to be the collector and surveyor in the Port of London (appointed by his Majesty given of Foreign for all duties and matters relating to a late Act, intituled An Act for en- Ships. creasing and encouraging of Shipping and Navigation) of all foreign-built 12 Car. 2. c. 18. ships in their ports owned and belonging to the people of England of what built and burthen they are for which certificates have been made according to the said Act, and that the said collector and surveyor shall make a true and perfect list of all such ships attested under their hands, and transmit the same into his Majesty's Court of Exchequer on or before the month of December in the year one thousand six hundred sixty

and two there to remain upon record: and that no foreign-built ship Foreign-built (that is to say) not built in any of his Majesty's dominions of Asia Africa Ships not to or America, or other than such as shall (bona fide) be bought before the have Privilege, first of October one thousand six hundred sixty and two next ensuing &c. and expressly named in the said lists, shall enjoy the privilege of a ship belonging to England or Ireland although owned or manned by English (except such ships only as shall be taken at sea by letters of mart or reprisal and condemnation made in the Court of Admiralty as lawful prize) but all such ships shall be deemed as aliens' ships and be liable unto all duties that aliens ships are liable unto by virtue of the said Act for increase of shipping and navigation.

12 Car. 2. c. 18.

XXVIII. And be it further enacted, That all actions suits and infor- Claimers to mations to be had and commenced upon the Act For encouraging and give Security of increasing of Shipping and Navigation, or any clause or article therein, 301. &c. may be entered and prosecuted in his Majesty's Court of Exchequer at 8 Anne, c. 7.

sec. 63.

No. III. 13 & 14 Car. II. c. 11..

Onus Probandi,

12 Car. 2. c. 18. Commission and Time to examine Wit

nesses.

Ð.

15 Car. II. c. 7. yond the Seas.

Plantations be

Commodities

of the Growth

and Manufacture of Europe, how to be imported in English-built Shipping.

Westminster; that upon all such suits and informations to be brought upon the Act of tonnage and poundage and the Act aforesaid, or any other Act or statute concerning the importation of goods or merchandize from the parts beyond the seas, if the property thereof be claimed by any person or persons as the importer thereof; in such case onus probandi shall lie upon the owner or claimer thereof.*

XXIX. Provided, That in case the seizure or information shall be made upon any clause or thing contained in the late Act, intituled An Act for the encouraging and increasing of Shipping and Navigation, that then the defendant or defendants shall on his or their request have a commission out of the High Court of Chancery to examine witnesses beyond the seas, and have a competent time allowed for the return thereof before any trial shall be had upon the case, according to the distance of place where such commission or commissions are to be executed, and that the examination of witnesses so returned shall be admitted for evidence in law at the trial as if it had been given viva voce by the exami-· nate in court; any law statute or usage to the contrary in any wise notwithstanding.

[No. IV. ] 15 Charles II. c. 7.-An Act for the Encouragement of Trade.

V. AND in regard his Majesty's plantations beyond the seas are inhabited and peopled by his subjects of this his kingdom of England, for the maintaining a greater correspondence and kindness between them and keeping them in a firmer dependence upon it, and rendering them yet more beneficial and advantageous unto it in the further employment and increase of English shipping and seamen, vent of English woollen and other manufactures and commodities, rendering the navi'gation to and from the same more safe and cheap, and making this kingdom a staple not only of the commodities of those plantations but also of the commodities of other countries and places for the supplying of them; and it being the usage of other nations to keep their planta'tions trade to themselves :'

VI. Be it enacted and it is hereby enacted, That from and after the five-and-twentieth day of March one thousand six hundred sixty-four no commodity of the growth production or manufacture of Europe shall be imported into any land island plantation colony territory or place to his Majesty belonging, or which shall hereafter belong unto or be in the possession of his Majesty his heirs and successors, in Asia Africa or America (Tangier only excepted) but what shall be bona fide and without fraud laden and shipped in England Wales or the town of Berwick-upon-Tweed, and in English-built shipping, or which were bona fide bought before the first day of October one thousand six hundred sixty and two, and had such certificate thereof as is directed in one Act passed the last sessions of this present Parliament, intituled An Act for preventing Frauds and 13 & 14 Car. 2. regulating Abuses in his Majesty's Customs; and whereof the master and

Repealed as to
Irish Linen by
3 & 4 Anne,
c. 8. sec. 1.

c. 11.

Penalty.

three fourths of the mariners at least are English, and which shall be carried directly thence to the said lands islands plantations colonies territories or places, and from no other place or places whatsoever; any law statute or usage to the contrary notwithstanding; under the penalty of the loss of all such commodities of the growth production or manufacture of Europe as shall be imported into any of them from any other place whatsoever by land or water; and if by water of the ship or vessel also in which they were imported, with all her guns tackle furniture ammunition and apparel; one third part to his Majesty his heirs and successors; one third part to the governor of such land island plantation colony territory or place into which such goods were imported, if the said ship vessel or goods be there seized or informed against and sued for, or otherwise that third part also to his Majesty his heirs and successors; and the other third part to him or them who shall seize inform or sue for the same in any of his Majesty's courts in such of the said lands islands

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