Goods imported contrary to law of navigation.-If any goods be imported, exported, or carried coastwise, contrary to the law of naviga tion hereinbefore contained, all such goods shall be forfeited, and the master shall forfeit one hundred pounds. § 22.

7 Geo. IV. c. 5.

An Act to give effect to Treaties of Commerce with Countries in America not at present provided with National Merchant Shipping. Whereas treaties of amity, commerce, and navigation have been concluded between his Majesty and the republics of the states of the Rio de la Plate and of Colombia respectively: and whereas it is expedient to give effect to such parts of the said treaties as require the sanction of parliament, 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 authority of the same, that all ships, of whatever built, and in whatever way acquired, being duly owned and navigated as the ships of the said republics respectively, shall, for the term of seven years from the respective dates of such treaties, be deemed to be the ships of those countries respectively, in all places under British dominion, any thing in the law of navigation to the contrary notwithstanding. § 1.

And whereas treaties of the like nature may be concluded between his Majesty and other countries in America not yet provided with national merchant shipping, built or acquired in manner required by the law of navigation, be it therefore enacted, that all ships, of whatever built, and in whatever way acquired, being duly owned and navigated as the ships of particular countries in America, shall be deemed to be the ships of such countries respectively, in all places under British dominion, for any term not exceeding seven years, agreed to in that behalf in any treaty between his Majesty and any of such countries respectively; any thing in the law of navigation to the contrary notwithstanding. § 2.

7 Geo. IV. c. 48.

An Act to alter and amend the several Laws relating to the Customs.

Lascars and foreigners navigating East India ships.-" And whereas by an act passed in the fourth year of the reign of his present Majesty,*-for consolidating and amending the laws then in force with respect to trade from and to places within the limits of the charter of the East India company,-particular provision is made with respect to the number and country of the seamen by whom British ships engaged in such trade may in certain cases be navigated;" be it therefore enacted, that any British ship navigated in the manner permitted by the said act in any of the cases therein mentioned, shall be deemed to be duly navigated as British ships; any thing in the before-mentioned act for the encouragement of British shipping and navigation to the contrary notwithstanding. § 22.

* Cap. 80. § 21, 22. See PART II. c. 13.

Foreigners navigating ships in southern whale fishery.—“ And whereas by an act passed in the thirty-fifth year of the reign of his late Majesty King George the Third, c. 92. § 7. intituled An Act for the further encouraging and regulating the Southern Whale Fisheries, certain foreigners were permitted to be employed as masters or seamen in navigating ships employed in such fisheries: and whereas the said act will from and after the 5 July next be repealed, and it is expedient to continue such privilege to persons who have been actually so employed," be it therefore enacted, that it shall be lawful for any person who shall have been actually so employed under the authority of the said act, to go before the collector and comptroller of the customs at the port from whence the ship in which he last so served shall have cleared out for the voyage on which he was employed in the same, and make proof of such service to the satisfaction of such collector and comptroller, and thereupon such collector and comptroller shall enrol the name of such person, and shall give to him a certificate of such proof, and such person producing such certificate shall at all times thereafter be deemed to hold the qualification of a British seaman for the purpose of navigating any ship employed in the southern whale fisheries; any thing in the law of navigation to the contrary notwithstanding. § 23.

Jurisdiction under act 6 Geo. IV. c. 108. extended to navigation law. -All penalties and forfeitures incurred under the said act for the encouragement of British shipping and navigation, shall be sued for, prosecuted, recovered, and disposed of, or shall be mitigated or restored, in like manner as any penalty or forfeiture can be sued for, prosecuted, recovered, and disposed of, or may be mitigated or restored, under the 6 Geo. IV. c. 108. passed for the prevention of smuggling. § 24.

9 Geo. IV. c. 76.

An Act to amend the Laws relating to the Customs.

This act to be in force from and after August 10, 1828. § 1. Honduras ships to trade with possessions in America.—“ And whereas by the law of navigation, contained in the 6 Geo. IV. c. 109.* certain ships built in the British settlements at Honduras are, under certain conditions and regulations, entitled to the privileges of British registered ships in all direct trade between the United Kingdom and the said settlements; and it is expedient to permit such ships to trade in like manner with the British possessions in America," it is therefore enacted, that under the conditions and regulations aforesaid, contained in the said act, such ships shall be entitled to the privileges of British registered ships in all direct trade between any of the British possessions in America and the said settlements. § 8.

Mediterranean passes issued to inhabitants of Malla, &c.-No Mediterranean pass shall be issued for the benefit of any person, as being an inhabitant of Malta or of Gibraltar, (but not being a person entitled to be an owner of a British registered ship,) unless such person shall have resided at Malta or at Gibraltar respectively upwards of fifteen years prior to the 10 October, 1827. § 9.

* See page 391

DECIDED CASES.

Upon a question whether an Englishman, who had been admitted a citizen of the United States, could be considered an American citizen, so as to be master of an American ship, with reference to the law of British navigation, the opinion of the King's advocate, attorney, and solicitor-general, was taken, (19 June, 1797,) who, making reference to an opinion of Sir Philip Yorke in 1732, said he could not.

Again, the lords of the committee of privy council for trade were pleased to transmit to the commissioners of the customs copy of a report of his Majesty's advocate, attorney, and solicitor-general, upon a question which had arisen,-whether a natural-born subject of his Majesty, admitted a burgher of Memel, could be considered a subject belonging to the king of Prussia, for the purposes of the navigation act, so as to be master of a Prussian vessel;—his Majesty's law officers in their said report gave it as their opinion, that a British natural-born subject cannot, by taking the oaths of allegiance to the sovereign of another state, throw off the natural allegiance belonging to his own; but that he may, by residence or other acts required by the municipal law of another state, acquire the character of belonging to such other state for commercial purposes, so as to be entitled to the privileges granted to the subjects of or to persons belonging to such other state; when the acts he thereby performs do not amount to a breach of allegiance due to his own country. And that an Englishman domiciled in a foreign country, and who has taken such oaths as to entitle him to the commercial privileges of such state, may be considered as belonging to such state for commercial purposes.

Custom House, 9 August, 1816.

CHAPTER III.

SMUGGLING.

6 Geo. IV. c. 108.

An Act for the prevention of Smuggling.

Whereas an act was passed in the present session of parliament, intituled "An Act to repeal the several Laws relating to the Customs," in which it is declared that the laws of the customs have become very intricate, by reason of the great number of acts relating thereto which have been passed through a long series of years; and that it is therefore highly expedient, for the interests of commerce and the ends of justice, and also for affording convenience and facility to all persons who may be required to act in obedience to those laws or in execution of them, that all the laws relating to custoins should be repealed, and that the purposes for which those laws have from time to time been made should be secured by new enactments in more compendious form, and commencing at one and the same time; and whereas by the said act all the laws relating to smuggling will be repealed; and whereas other laws relating to the customs have been made, and may hereafter be made; and it is expedient to make provisions to prevent or punish any infraction of such laws: may it therefore please your Majesty that it may be enacted, and be it 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 authority of the same, that from and after the 5 January, 1826, this act, and all the provisions therein contained, shall have effect, and come into and be and continue in full force and operation, for the prevention of smuggling, and shall extend and be construed to extend to any law in force, or hereafter to be made, relating to the revenue or management of the customs. § 1.

Any vessel belonging wholly or in part to his Majesty's subjects, found within certain distances on the coast of the United Kingdom with prohibited goods on board, and not proceeding on her voyage, forfeited.— If any vessel or boat belonging in the whole or in part to his Majesty's subjects, or whereof one-half of the persons on board or discovered to have been on board the said vessel or boat shall be subjects of his Majesty, shall be found within four leagues of the coast of that part of the United Kingdom which is between the North Foreland on the coast of Kent and Beachy Head on the coast of Sussex,—or within eight leagues of the coast of any other part of the said United Kingdom,—or shall be discovered to have been within the said distances,-not proceeding on her voyage, (wind and weather permitting,) having on board or in any manner attached or affixed thereto,-or having had on board or in any manner attached or affixed thereto,-or conveying or having