59 Geo. 3. e. 38.

28 Geo. 3. c. 6. § 1.

What goods

may be

brought from United States into

record at Westminster; one moiety of such penalty to belong to His Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue or prosecute for the same: provided always, that any such suit or prosecution, if the same be committed in Newfoundland, or in any other colony or settlement, shall be commenced within three calendar months; and, if commenced in any of His Majesty courts at Westminster, within twelve calendar months from the time of the commission of such offence.

Rule 16. No goods whatever shall be imported from any of the territories belonging to the United States of America, into any of His Majesty's West India islands (in which description the Bahama islands and the Bermuda or Somers islands are included), under the penalty of the forfeiture thereof, and also of the vessel in which the same shall be so imported, with her tackle, &c. except tobacco, pitch, tar, turpentine, hemp, flax, masts, yards, bowsprits, West Indies. staves, heading boards, timber, shingles and lumber of any sort; horses, neat cattle, sheep, hogs, poultry and live stock of any sort; bread, biscuit, flour, peas, beans, potatoes, wheat, rice, oats, barley, and grain of any sort; such commodities respectively being the growth or production of any of the territories of the said United States of America. (a)

In what ships

2.

Rule 17. None of the goods hereinbefore excepted shall be imported into and by whom, any of the said islands from the territories of the said United States, under the like penalty of the forfeiture thereof, and also of the vessel in which the same shall be so imported, with her tackle, &c. except by British subjects and in British-built ships, owned by His Majesty's subjects, and navigated according to law.

What goods

may be ex

ported to United

States, § 3.

Duties.

Rule 18. It shall be lawful to export from any of the West India islands to any place within the territories belonging to the said United States, any goods whatsoever, which are not now by law prohibited to be exported from the said islands to any foreign country or place in Europe; and also sugar, (b) melasses, coffee, cocoa nuts, ginger and pimento: and all cocoa nuts or ginger which shall be so exported shall be subject to the same duties to which the same are now severally subject if exported to any British plantation in America; and the said duties shall be paid and applied, in the same manner as the duties on cocoa nuts or ginger exported to any British plantation in America In what ships are severally paid and applied: provided that no sugar, melasses, coffee, and by whom. Cocoa nuts, ginger or pimento, nor any other articles whatsoever (ex. cept salt from the islands called Turk's Islands, being part of the Bahama islands), shall be so exported, except by British subjects, and in British-built ships, owned by His Majesty's subjects, and navigated according to law, under the like penalty of the forfeiture thereof, and also of the vessel in which the same shall be so exported, together with her tackle, &c.

Salt from

Turk's Islands.

Export bond, $4.

Rule 19. In every case where on exportation of any goods to any British plantation in America, a bond is now or may be hereafter required by law for the due landing of such goods in such plantation, and a certificate is required to discharge such bond, a similar bond shall be required, on exportation of such goods to the territories of the United States, for the due landing the same in the said territories; and such bond shall be discharged upon a certificate under the hand and seal of the British consul or vice consul, provided any such consul or vice consul shall be resident at the place where such goods shall be landed; or in case there shall not be any such consul or vice consul so resident, then under the hand and seal of any officer who may be appointed by the said United States, or any of them, for the purpose of granting such

(a) By 56 Geo. 3. c. 91. § 1. all the benefits, regulations, penalties, and forfeitures in the above act, with respect to His Britannic Majesty's plantations in North America and in the West India islands, and the countries belonging to the United States of America, and between His Majesty's said subjects and the foreign islands in the West Indies, shall extend to the colonies of Demerarn and Essequibe. (b) As to sugar and cofice imported into Bermuda, and afterwards exported to the United States, sec Rules 25-27 of this title.

certificate, and if it shall happen that there shall not be any officer so ap- 28 Ged. pointed, then such bond shall be discharged, upon a certificate under the hand c. 6. and seal of any magistrate of the said United States, or any of them, certifying that there is no such officer at the place where such goods shall be landed, and that oath hath been made before such magistrate by the master of such vessel, that the goods for which such certificate is required were duly landed by him at such place within the territories belonging to the said United States.

Rule 20. It shall be lawful for any vessel belonging to the inhabitants of Salt at Turks the said United States of America coming in ballast, not otherwise, to enter the Islands, § 5. ports of Turk's Islands («) for the purpose of being there laden with salt, and for no other purpose whatever; under the regulations hereinafter mentioned.

Rule 21. The master of such vessel shall, immediately after the arrival of Entry, § 6. such vessel into any port of the said islands, make a just and true entry upon oath, before the collector, or other principal officer, of such port, of his vessel, declaring of what country she is built, how manned, who was the master during the voyage, and who are the owners thereof, and the purpose for which he enters the said port, in order that such vessel may undergo the search and examination of the proper officers of customs; and such master shall truly answer Oath. upon oath to such questions touching the same, as shall be demanded of him by such collector or other principal officer, upon pain for any default therein, that such master of such vessel shall forfeit 1007.; and the collector, or other principal officer of customs at such port, is hereby authorized and required to administer the said oaths.

Rule 22. There shall be paid unto His Majesty a tonnage duty at the rate Tonnage of 2s. 6d sterling, payable in dollars at the rate of 5s. 6d. per ounce, for each duty, $7. ton burthen of every vessel belonging to the inhabitants of the said United States of America, so coming to Turk's Islands; and the tonnage of every such vessel shall be ascertained by admeasurement, made by such officers as shall be appointed for that purpose by the commissioner of customs in England; which said officers shall admeasure such vessel according to the following method. (b) Rule 23. The full and true amount of the said tonnage duty, so ascertained, Payment, shall be paid into the hands of the collector of customs in the said islands re- § s. spectively, at the place wherein he shall be appointed to reside in any of the said islands, before any salt shall be loaden or laid on board of such vessel; and such duty shall be under the management of the said commissioners of customs; and be paid and recovered, in such manner, and by such rules and methods respectively, and under such penalties and forfeitures, as any other duties now payable to His Majesty on goods imported into any of the islands, plantations, colonies, or territories belonging to or under the dominion of His Majesty in America or the West Indies, are or may be paid and recovered, by any act of parliament now in force; and such duty shall, under such manage- Application. ment, be subject to the payment of the salaries of the officers and other incidental charges of the port, and the residue be paid to the receiver general of customs in England for the time being, to be paid by him into the receipt of His Majesty's exchequer, under the head of consolidated customs.

Rule 24. No goods whatsoever shall be exported from Turk's Islands, to Goods not to any part of His Majesty's dominions in America or the West Indies, or shall be exported be loaden on board any vessel in the said islands for that purpose, except salt; to certain places, 9.

(a) By 44 Geo. 3. c. 101. it shall be lawful for any vessel belonging to the inha bitants of the said United States of America, coming in ballast, and not otherwise, to enter the port of Nassau in the island of New Providence, the port of Exuma, and the port of Crooked Island, ports in the Bahama islands, for the purpose of being there laden with salt, and for no other purpose whatever; and subject to the duties and regulations of the above act respecting vessels coming for the same purpose to Turk's Islands.

[Originally a temporary act, but made perpetual by 59 Geo. 3. c. 18.]

(b) The method here prescribed is the same as the one under TITLE 2, for vessels afloat.

28 Geo. 3. c. 6.

52 Geo. 3. c. 79. § 1. Sugar and

coffee from Bermuda.

Articles from

$2.

and no goods whatsoever shall be exported from Turk's Islands to Great Britain or Ireland, or shall be loaden on board any vessel in the said islands for that purpose, except salt, and also except such goods as may now or may hereafter be by law imported into this kingdom from all other countries whatsoever, free of all duties, under the penalty of the forfeiture of all such goods as shall be so exported or loaden on board, and of the vessel on board of which the same shall be so exported or loaden, and of her tackle, &c.

Rule 25. It shall be lawful for sugar and coffee, the produce of any British plantation in the West Indies, imported into the island of Bermuda in any British vessel, to be exported from the port of St. George (a) in the said island of Bermuda to any part of the territories of the United States of America, in any foreign vessel belonging to any country in amity with His Majesty, above the burthen of sixty tons.

Rule 26. It shall be lawful to import tobacco, pitch, tar, turpentine, United States hemp, flax, masts, yards, bowsprits, staves, heading boards and plank, timto Bermuda, ber, shingles, and lumber of any sort, horses, neat cattle, sheep, hogs, poultry, and live stock of any sort, bread, biscuit, flour, pease, beans, potatoes, wheat, rice, oats, barley, and grain of any sort, such commodities being of the growth or production of the territories belonging to the United States of America, from the said territories to the port of St. George (a) in the island of Bermuda, in any foreign vessel belonging to any country in amity with His Majesty.

Articles exported to

Rule 27. It shall be lawful for any of His Majesty's subjects to export any of the articles before enumerated, which shall have been imported in any West Indies, foreign vessel from the territories of the United States into the island of Bermuda from the said port of St. George, to any of His Majesty's islands or dominions in the West Indies, in British-built vessels, owned and navigated according to law.

§ 3.

Spain.

$1 Geo. 3. 4. 38. § 1.

TITLE CXXXVII.-SOUTH AMERICA.

[As to the connexion between Spain and South America, see TITLE 70.] Rule 1. No tobacco, pitch, tar, turpentine, hemp, flax, masts, yards, bowsprits, staves, heading boards, timber (b), shingles, or

(a) By 53 Geo. 3. c. 50. all such articles as may be imported into the port of St. George in the island of Bermuda, and all such articles as may be exported from the said port by virtue of the above act, may be respectively imported into and exported from the port of Hamilton in the said island, in like mauner, and in none other, as is permitted by the said act.

By 57 Geo. 3. c. 28. § 1. in addition to the articles enumerated in the above act of 52 Geo. 3. and of 53 Geo. 3. it shall be lawful to import from the United States into the ports mentioned in the said acts in vessels of the description therein stated, and under the like regulations, penalties, and forfeitures, provided in the said acts, the articles of fruit and vegetables being the produce of the said states; and in addition to the articles permitted to be exported by the said acts, to export from the said island of Bermuda to the said United States, in such vessels and under such regulations as aforesaid, rum and melasses the produce of any British colony or plantation in the West Indies, which shall have been legally imported into the island of Bermuda in any British vessel.

By 59 Geo. 3. c. 55, in addition to the articles enumerated in the foregoing acts, it shall be lawful to import from the United States into the ports mentioned in such acts, in vessels of the description therein stated, and under the like regulations, penalties, and forfeitures provided in the said acts, the article of rosin, being the produce or manufacture of such states; and in addition to the articles permitted to he exported by the said acts, to export from the said island of Bermuda to the said United States, in such vessels and under such regulations as aforesaio, all articles, the produce or manufacture of the said island, and all articles whatever which shall have been legally imported into the same in any British vessel.

(b) By 53 Gen. c. 50. § 13. it shall be lawful to import in British-built ships, owned, navigated, and registered according to law, into the islands under the do

Articles not

lumber of any sort, bread, biscuit, flour, pease, beans, potatoes, 31 Geo. 3. wheat, rice, oats, barley, or grain of any sort shall be imported into c. 88. any island under the dominion of His Majesty in the West Indies to be import(in which description the Bahama islands and the Bermuda or ed into West Somers islands are included,) from any plantation whatsoever on the Indies. continent of South America, under the dominion of any foreign European sovereign or state, under the penalty of the forfeiture thereof, and of the vessel in which the same shall be imported with her apparel, to be seized, sued for, and recovered, and the produce thereof to be disposed of and applied as any forfeiture incurred under the act of 28 Geo. 3. c. 6.

Rule 2. It shall be lawful, in case of public emergency or dis- Case of emertress, for any of the governors, lieutenant-governors, or commanders gency, § 2. in chief for the time being, of any of the said islands in the West Indies under the dominion of His Majesty, with the advice and consent of their respective councils, to authorize the importation of any of the said articles for a limited time, from any plantation on the continent of South America, belonging to any foreign European sovereign or state, for the supply of the inhabitants of the said islands; provided that such goods shall not be imported except. by British subjects and British-built ships, owned by His Majesty's subjects, and navigated according to law, under the penalty of the forfeiture above-mentioned.

ticles, 3.

Rule 3. In case any of the said articles which shall have been so Attempting to imported, shall, after such importation, be exported, or shall be export ar shipped or laden on board any vessel, or shall be put on board any boat or other vessel, or shall be brought to any quay or other place whatever, with intention to be shipped on board vessel for exportation, then, not only the said articles, but also the said vessel or boat on board of which the same shall be shipped or laden, or intended to be shipped or laden, shall be forfeited, with her tackle, &c.

any

Rule 4. Before any articles which may be legally exported from Exporter to the said islands in the West Indies under the dominion of His Ma- make oath, § 4. jesty, and which are of the description of any of the articles hereinbefore enumerated, whether in their unmanufactured or manufactured state, shall be shipped for exportation from any of the said islands, the exporter thereof shall make oath before the collectors of customs for the island from which such articles are to be exported, (who are hereby authorised and impowered to administer the same,) that such articles or any part of them have not been so imported into the said island, under such authority from any plantation on the continent of South

minion of His Nasty in the West Indies, or any of them, from any plantation on the continent of South America under the dominion of any foreign European sovereign or state, or from the islands of Trinidad or Porto Rico in the West Indies, the following species of timber; that is to say, bully tree, purple heart, green heart, black heart, mastic, wallabaw, yellow saunders, locusts, or bastard mahogany, being the growth or production of any of the said plantations.

By 56 Geo. 3. c. 91. § 1. all the benefits, regulations, penalties, and forfeitures in the above act, with respect to His Britannic Majesty's plantations in North America and in the West India islands, and the countries belonging to the United States of America, and between His Majesty's said subjects and the foreign islands in the West Indies, shall extend to the colonies of Demerara and Essequibo. Bee 58 Geo. 3. c. 27. under TITLE 132.

81 Geo. 3. c. 38.

Perjury, 5.

Who may seize, § 6.

America, under the dominion of any foreign European sovereign or

state.

Rule 5. If any person shall be convicted of taking a false oath touching any of the facts directed by this act to be testified on oath, such person shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury, and shall and may be prosecuted in any court of record in Great Britain, or in any of His Majesty's courts of judicature in the West Indies.

Rule 6. All the goods and all vessels forfeited by this act, shall and may be seized by the commander of any of His Majesty's vessels of war, or any commissioned, warrant, or petty officer, specially authorized by him, or by any officer of customs; and every forfeiture and penalty incurred by this act shall and may respectively be sued Recovery of for, and recovered in such courts, and by such ways, and the produce thereof respectively disposed of and applied in such like manner, and to such uses and purposes, as any forfeiture incurred by any law respecting the revenue of customs may now be sued for or recovered, disposed of and applied, either in this kingdom or in any of His Majesty's islands in the West Indies respectively, as the case may happen to be.

penalties.