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That upon all goods, wares, and merchandise, the growth, produce, £. $. d.
or manufacture of the United Kingdom-or of any of his Majesty's
3 0 0 And that upon all goods, wares, and merchandise, the growth, pro
duce, or manufacture of any foreign state, or of the possessions of
10 0 0 Provided, nevertheless, and it is further ordered, that no such duty
as aforesaid shall be levied upon any barrels or casks imported into
able, for the purposes aforesaid, into the said colony.... And whereas by the said recited act, after reciting (§ 4.) “ that by the law of navigation, foreign ships are permitted to import into any of the British possessions abroad, from the countries to which they belong, goods the produce of those countries, and to export goods from such possessions, to be carried to any foreign country whatever; and that it is expedient that such permission should be subject to certain conditions, it is enacted, that the privileges thereby granted to foreign ships shall be limited to the ships of those countries which, having colonial possessions, shall grant the like privileges of trading with those possessions to British ships, or which, not having colonial possessions, shall place the commerce and navigation of this country and of its possessions abroad upon the footing of the most favoured nation, unless his Majesty, by his Order in Council, shall in any case deem it expedient to grant the whole or any of such privileges to the ships of any foreign country, although the conditions aforesaid shall not in all respects be fulfilled by such foreign country;": and whereas by 7 and 8 Geo. IV. c. 56. intituled, “ An Act to amend the Laws relating to the Customs," after reciting so much as is last herein before recited of the act so passed as aforesaid in the 6th year of the reign of his said late Majesty, and further reciting (§ 41.) " that unless some period be limited for the fulfilment by foreign countries of the conditions mentioned and referred to in the said recited act, the trade and navigation of the United Kingdom, and of the British possessions abroad, cannot be regulated by fixed and certain rules, but will continue subject to changes dependent upon the laws from time to time made in such foreign countries, it is enacted that no foreign country shall thereafter be deemed to have fulfilled the conditions so prescribed as aforesaid, in and by the said act, so passed in the 6th year of his said late Majesty's reign, as to be entitled to the privileges therein mentioned, unless such foreign country had in all respects fulfilled those conditions within twelve months next after the passing of the said act, that is to say, on or before the 5th July, 1826 ; and for the better ascertaining what particular foreign countries are permitted by law to exercise and enjoy the said privileges, it is thereby further enacted, that no foreigu country shall thereafter be deemed to have fulfilled the before-mentioned conditions, or to be entitled to the privileges aforesaid, unless and until his Majesty shall by some Order or Orders to be by him made, by the advice of his Privy Council, have declared that such foreign country hath so fulfilled the said conditions, and is entitled to the said privileges ; and it is thereby further declared and enacted, that nothing therein contained extends, or shall be construed to extend, to make void or annul any Order or Orders in Council theretofore issued under the authority or in pursuance of the said recited act, or to take away or abridge the powers vested in his Majesty in and by the said act, or any of those powers, any thing therein contained to the contrary in any wise notwithstanding;” and whereas his Majesty, by and with the advice of his Privy Council, cluth deem it expedient to grant to the ships of ALL FOREIGN COUNTRIES IN AMITY with his Majesty, the privileges aforesaid, so far as respects the said colony of the Cape of Good Hope, his Majesty doth therefore, by the advice aforesaid, declare and grant that it shall and may be lawful for all foreign ships belonging to countries in amity with his Majesty, to import into the colony of the Cape of Good Hope from the countries to which they respectively belong, goods the produce of those respective countries,--and to export goods from the said colony of the Cape of Good Hope to be carried to any foreign country whatever ;-and whereas by the said act, so passed as aforesaid in the 6th year of the reign of his late Majesty King George the Fourth, c. 114. various enactments are contained in the words following: (Here follow sections 2, 3, 6, 7, 8, 12, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 74, 75, 79, 80, 81, 82, 83, 84, 85.)
And whereas it is expedient, that all those parts of the said recited act of the 6tb year of the reigu of his late Majesty King George the Fourth, which are hereinbefcre particularly recited and set forth, should be extended and applied to the said colony of the Cape of Good Hope ;-his Majesty doth, therefore, with the advice of his Priry Council, and in further pursuance and exercise of the powers so vested in him as aforesaid by the said last recited act of parliament, order, and it is hereby ordered, that all and every the enactments, provisions, and declarations in the said act, sa passed in the 6th year of the reign of his said late Majesty as aforesaid, (so far as the same are herein before recited,) shall be and they are hereby extended to and declared to be in force within the said colony of the Cape of Good Hope, as fuliy and effectually to all intents and purposes as the same are by force and virtue of the sul act extended to and declared to be in force within the British possessions in America
Fres Ports.—Provided, nevertheless, and it is further ordered, that within the meaning and for the purposes of the said act, the several ports of Cape-tows, Simon's-Town, and Port E1.1ZABETH, shall be, and be deemed to be, free ports; and the said ports of Cape-town and Simon's town shall be, and be deemed to be, YRER WAREHOUSING PORTS ; and from and after the day on which this present Order shall be promulgated within the said colony, all the provisions, penalties, and forfeitures in the said act contained, respecting the free ports and the free warehousing ports thrrein mentioned, shall extend, and be deemed and construed to extend, to the said ports of Cape-town, Simon's-town, and Port Elizabeth, as free ports, and to the said ports of Cape-town and Simon's town as free warehousing ports, as fully and effectually as if the same were respectively inserted and enumerated in the table of free ports and of free warehousing ports in the said act contained : And provided
also, and it is further ordered, that it shall be lawful for any person, who shall have duly made entry at either of the said ports of Cape-town and Simon'stown, of any goods to be there lodged in the warehouse, and who shall in all other respects have complied with the law respecting the warehousing of such goods, to tranship the same, within the limits of such port, in any vessel, without the actual landing thereof on shore, if such person shall in all respects comply with and observe such regulations as may be made for effecting any such transhipment by the Lords Commissioners for the time being of his Majesty's Treasury; which regulations shall by the said Lords Commissioners be signified to the Chief Officer of his Majesty's Customs at each of the said respective ports, through the Commissioners of his Ma. jesty's Customs :
And whereas by the said act, so passed as aforesaid in the 6th year of the reign of his said late Majesty King George the Fourth ($ 9.) it is further enacted, “ that if ang of the goods therein mentioned shall be imported into any of the British possessions in America, through the United Kingdom-(having been warehoused therein, and exported from the warehouse, or the duties thereon, if they paid, having been drawn back,)-one tenth part of the duties by the said act imposed shall be remitted iu respect of such goods ;-and if any of the goods therein mentioned shall be imported through the United Kingdom (not from the warehouse) but after all duties of importation for home use thereon shall have been paid thereon, in the said United Kingdom (and not drawn back) such goods shall be free of all duties by the said act imposed;"—it is hereby further ordered, that a similar abatement or remission, as the case may be, shall be made, in respect of the duties imposed by this present Order, in respect of all goods imported into the said colony:
And it is further ordered, that the Governor, or the officer for the tirne being administering the Government, of the said colony shall
, and is hereby required, to promulgate this present Order within one calendar month next after the receipt thereof by him; and this Order shall take effect within the said colony, and have the force of law there, upon, from, and after the date of such promulgation thereof as aforesaid, and not before : And the Right Honourable the
Lords Commissioners of his Majesty's Treasury, and the Right Honourable Viscount Goderich, one of his Majesty's Principal Secretaries of State, are to give the necessary directions herein, as to them may respectively appertain. Gazetted 17 April, 1832.
3 Geo. IV. c. 119.
An Act to regulate the Trade of the provinces of Lower and Upper
Canada, and for other purposes relating to the said provinces. Goods of the produce of the United States.—Whereas it is expedient to make further regulation respecting the trade of the provinces of Upper and Lower Canada, in North America : be it therefore enacted, that it shall be lawful to import by land or inland navigation in any British or American vessel or boats, or carriages, the goods, wares, and commodities the growth, produce, or manufacture of the United States of America, enumerated in the schedule or table annexed to this act marked (A.,) from any port or place in the United States of America, into any port or place of entry at which a custom-house now is or hereafter may be lawfully established, in either of the provinces of Upper and Lower Canada :-Provided that it shall be lawful for the governor, lieutenant-governor, or person administering the government of either of the said provinces respectively, by and with the advice and consent of the executive council thereof for the time being, from time to time to diminish or increase by proclamation, the number of ports or places which are or hereafter may be appointed in such province for the entry of goods, &c. imported from the United States of America. $ 1.
Duties.-From and after the passing of this act, there shall be raised, levied, collected, and paid unto his Majesty, his heirs and successors, for and upon such of the goods, wares, and commodities which shall be so imported, as are enumerated in the schedule or table annexed to this act marked (B.,) the several duties of customs as the same are respectively inserted or described and set forth in figures in the said schedule.
Where articles are liable to a Colonial duty equal to the one imposed, such article shall not be charged with the duty.-If upon the importation of any article charged with duty by this act, the said article shall also be liable to the payment of duty under the authority of any Colonial law, equal to or exceeding in amount the duty charged by this act, then the duty charged upon such article by this act shall not be demanded or paid upon the importation of such article :-Provided also, that if the duty payable under such colonial law shall be less in amount than the duty payable by this act, then and in such case the difference only between the amount of the duty payable by this act, and the duty payable under the authority of such colonial laws, shall be deemed to be the duty payable by this act ; and the same shall be collected and paid in such and the like manner, and appropriated and applied to such and the like uses, as the duties specified in the said schedule annexed to this act marked (B.) are directed to be collected, paid, appropriated, and applied. $ 3.
Tonnage duties for American vessels.— The same tonnage duties shall be paid upon all American vessels or boats, importing any goods into either of the said provinces, as are or may be for the time being payable in the United States of America, on British vessels or boats entering the harbours of the state from whence such goods shall have been impo ted. $ 4.
Value of goods to be ascertained in the mode prescribed.-In all cases in which the duties imposed by this act upon the importation of articles into the said provinces, or either of them, are charged, not according to the weight, gauge, or measure, but according to the value thereof, such value shall be ascertained in the mode prescribed by an aet passed in this present session of parliament, intituled “ An Act to regulate the trade between his Majesty's possessions in America and the West IDdies, and other places in America and the West Indies.” $ 5.
If payment of duties be refused, collector may secure the goods.—If the importer or proprietor of such articles shall refuse to pay the duties hereby imposed thereon, it shall and may be lawful for the collector ar other chief officer of the customs where such articles shall be imported, and he is hereby respectively required, to take and secure the same, with the casks or other package thereof, and to cause the same to be publicly sold, within the space of twenty days at the most after such refusal made, and at such time and place as such officer shall, by four or more days public notice, appoint for that purpose ;—which articles shall be sold to the highest bidder; and the money arising from the sale thereof shall be applied to the payment of the said duties, together with the charges which shall have been occasioned by the said sale, and the overplus (if any) shall be paid to such importer, proprietor, or any other person authorized to receive the same. $ 6.
Additional duty of 6d. per gallon on West India rum imported into Lower Canada from this kingdom, &c.—And whereas it is expedient to afford protection to the trade between the said colonies and plantations and the province of Lower Canada, by imposing the same duty upon rum or other spirits, the produce or manufacture of the said colonies, imported from Great Britain into the said province, as is now payable upon the same articles when imported from his Majesty's said colonies or plantations in the West Indies; be it therefore enacted, That there shall be paid unto his Majesty, &c., for and upon every gallon of rum or other spirits, the produce or manufacture of any of his Majesty's islands, colonies, or plantations in the West Indies, which shall be imported or brouglit into any part of the said province of Lower Canada from Great Britain or Ireland,—or any of the British dominions in Europe,—the sum of sixpence, over and above all other duties now or hereafter to be made payable thereon in the said province. $ 8.
Value of duties, and application of the money arising thereby.—The rates and duties chargeable by this act shall be deemed, and are hereby declared to be sterling money of Great Britain, and shall be collected, recovered, and paid to the amount of the value which such nominal sums bear in Great Britain ;--and such sums may be received and taken according to the proportion and value of five shillings and sirpence to the ounce in silver ;-and the said duties herein-before granted shall be paid, and recovered in the same manner and form, and by such rules, &c., and under such penalties and forfeitures as any other duties payable to his Majesty upon goods imported into the said provinces of Upper and Lower Canada, or into either of them respectively, are or shall be paid, and recovered by any act of parliament, as fully and effectually to all intents and purposes, as if the several clauses, &c. relating thereto were particularly repeated and again enacted in the body of this act. $9.
Goods the produce of his Majesty's dominions may be erported to any port in the United States—but no arms or naval stores to be exported without a licence.-It shall be lawful to export in any British or American vessel, or boat, or carriage, from any of the ports or places of entry now or hereafter to be established in the said provinces, to any port or place in the United States of America, any article of the growth, produce, or manufacture of any of his Majesty's dominions,—or any other article legally imported into the said provinces :—Provided always, that nothing herein contained shall be construed to permit or allow the exportation of any Arms or Naval Stores, unless a licence shall have been obtained for that purpose from his Majesty's secretary of state ;—and in case any such articles shall be shipped or waterborne for the purpose of being exported contrary to this act, the same shall be forfeited, and shall and may be seized and prosecuted as hereinafter directed. § 10.
Not to affect inland navigation of the provinces.-Nothing in this act contained shall be construed to interfere with or repeal (as respects the inland navigation of the said provinces) any of the provisions contained in a certain act passed in the 7 and 8 Wm. III. c. 22. intituled “ An Act for preventing frauds, and regulating abuses in the plantation trade;" except in so far as the same are altered or repealed by this act. § 11.
Recovery and application of penalties. —All penalties and forfeitures incurred in either of the said provinces under this act, (except where it is otherwise provided,) shall and may be sued for and prosecuted in any court having competent jurisdiction within such province respectively; and the same shall and may be recovered, divided, and accounted for in the same manner and form, and by the same rules and regulations in all respects, as other penalties and forfeitures for offences against the laws relating to the customs and trade of the said provinces respectively, shall or may by any act or acts of the legislatures of such provinces he directed to be sued for, prosecuted, recovered, divided, and accounted for within the same respectively. $ 12.
Drawback on the erportation of rum and spirits from Newfoundland, &c. to Canada.—And whereas it is expedient to encourage the trade between Canada and his Majesty's colonies of Newfoundland, Nova Scotia, New Brunswick, and Prince Edward's island, by enabling the merchants and traders of Newfoundland to export froin thence into Canada rum and other spirits, the produce of the British West India islands, or any of his Majesty's colonies on the continent of South America, free of any duty which may have been imposed upon its importation from any of the places last aforesaid, and for which purpose to allow, upon the export of such rum or other spirits, a drawback of the full duties paid upon the importation thereof; be it therefore enacted, That from and after the passing of this act, there shall be paid and allowed, upon the exportation from any or either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince Edward's Island, into Canada, of rum or other spirits, being the produce of the British West India islands, or any of his Majesty's colonies on the continent of South America, a drawback of the full duties of customs which may have been paid upon the importation thereof from any of the places last aforesaid, into any or either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince Edward's Island, upon a certificate being produced, under the hands and seals of the collector and comptroller of his Majesty's customs at Quebec, certifying that the said rum or other spirits had been duly landed in Canada. S 13.
Conditions on which the drawback shall be paid.—No entry shall pass, nor any drawback be paid or allowed, upon the exportation of rum or other spirits from any or either of the said colonies of Newfoundland, Nova Scotia, New Brunswick, or Prince Edward's Island, into Canada, unless such entry be made in the name of the real owner or proprietor of the said goods ;-and that before such owner or proprietor shall receive the said drawback, one or more of them shall verify