IMAGE EVALUATION TEST TARGET (MT-3) /y &^ // J^"^^ ^ K, ^ 1.0 I.I 2.0 m Si u IL25 III 1.4 u c^ <^ /i ^;. 4'#> ^"-^^ "^14 'V w 7 Photographic Sciences Corporation 33 WiST MAIN STRUT WIBSTiR.N.Y. MSSO (716) •72-4503 N^ iV k \ >.\ iV ♦o^' ^ ^Jo ^ ' f i^hi^ng and Namgatixmi IBpSi TBS TIME OF EBlWAItD III. TO THE END OF THE yi^AiR 1806. |, Jfi SFCOm ED. •ir/ojv. WTTff ADDITIONS, ifi 1^' .». By JOHN REEVES, ^. A #. . LONDO.V: jraiINTn> fOBW. CtARKE \Ni> SONS, FOIlTUGAI'«STREE%, UNVOLN'S-INIT'} AND J.< AirKKMB, COANHILI.. 1807. % ■ .*>• t«.-?.-,., ' ,*»*. EA] 'f. ,^ tt.' "'W'r ». / % ,'. y COMI^ «f ii ¥'• ■*•■• TRADE ^ f/- ■^t- . ^. :f A' ■";■?■ ■*? ST # ::^ ' j~'f- • J':^^, ^ ;■ ;■■ ^ A V Jan. 1807« ^■"^ Brooke, Printer, Paternoster Rckt^ ,f '? ' TO TBI EARL OF LIVERPOOL, - THIS BOOK, ,i .. . ' COMPOSED FOR THE USK or THB COMMITTEE OF PRIVY COUNCIL APFonrri* voR tbe C0N8IDKRATI0N OF ALL MATTERS •BLATIMO ti TRADE AND FOREIGN PLANTATIONS, •WHILE HIS LORDSHIP WAS PRESIDENT, IS, IN THIS NEW EDITION, RESPECTFVLLT ISSCRIBKD BT HIS lordship's MOST OBEDIENT AND FAITHFUL SERVANT, '■■1^, ■ •*:*«- ,. * JOHN REEVES., Jan. 11074 w."^ .-■."• ■'■_'' ''iV •;>--. >". • * '* .1 •■ ;•,■'» '^ -.'■>■ ^ T * '•r fA, ?-' tr'- T THE J lished in this neiv 1 passed in * and Order the end of <))r \i.{--r ■■4; ■: -,l -..*• > '^^ ADVERTISEMENT. :*^. THE frst Edition of this Book was pub^ lished in June 1792. The Additions made in this neiv Edition comprize Acts of Parliament passed in the 46M year of the present King, and Orders of Council and other matters to the end of the year 1Z06. vt. «,?-^'. • #,JI '.' ' '■.v;;;>\,.; t ' 1- .*^ Si '■• / • '■ ,^ - "*; , ,'/ - ^';-( ■ i „. :•• '\L^-:m.^^--': ■i^ » ■ >^ ; • ■ I V..- St -^^ 1-- • :'. • •.-*' • ' .'. ^ .■^*/*. %^t^ ^f4t ,i^^ >^,. J I » - ---^' * y' *'. \-.5 f-^^ ■M . /. V'i i t^«> .^ if •^ ,.■ V. ^'■n^v^ s ■■ ' ■:^v ■/,,/V'- ^■'^n-.l; -a?, •■ i :-:?* -i ■ >;'•-; ' ' .*/ - :-^.. ■ # ' . ; ■' '^i.l:,T> -m First A< theC Ships Coul r Import; ■ —Eui BoQcb dispell relaxei , Stat.,^ Free J CONTENT$. *Hr ^^■■ INTRODUCTION, ^^-^^ i •y-ti PART I. First Act of Navigatioa— Petition of the CommoiM on ^ Carrying Tmdt— An Easement in Duty for Ei^liah Ships— 'Stat. 5. Eliz.-^-TlM I^slieries encouraged— The , Coasting Trade— The Pl^atatioa Trade— Act of N». vigatioB 1651« - .-»'*'• " - • - s \it k -' .1 PART II. INTRODUCTION^ CHAPTER L - •. *» u 4 1 ^■ tmport and Export in English Ships— Enumerated Goods —-European Goods sent to the Plantations'—Plantation Bonds-r-Acts of Navigation enforced— Relaxed and dispensed with— Stat. 7. & 8. Will. 3. — Navigation Act relaxed — Irbh Linens — Rice— Sugar — American Acts i StiBtt..*. Geo. 3. Stat. 5. Geo. 3. and Stat. 6. (Jeo. 3. — Free Ports established— The Export Trade from Ire- f ■~-^.,^- ^^ ^^ i'".::?;':.,':;' -^^i; ■;^-:;^' 1»"<1 ^4/ -. _, land W % 1 5^1 !-*?:.,• c tt) NT E NTS. land— Import uid Export Trade granted more fully— ^ Tlie Restraining and Prohibitory Acts — Newfoundland 1^ *-*Hoiidura»— Surat, - - - - » ^5 • 'I fc V *»-.'7' CHAPTER II. ^*f ■' THB TRADE WITH ASIA, AFRICA, AND AMERICA. To be carried on in English Shipping — and directly with ^^fikoae Countries— Exceptions thereto— Persian Goods tiirough Russia— Coarse Calicoes*~thc East India Com> pany— South Sea Company — Hudson's Bay Company —African Company-^Fourth Section of the Nav^t- tion Act— What is a Manuiiicturing— Of direct Impor- tation— Of the usual Ports for first Shipping — Of re- turned Goods, --*--- , |0«i .|4.^'^.tCt',..: CHAPTER m;^'^f "»>•*'>■ ^-^^l- . ^in Vh»<1»^<«5 THE EUROPEAN TRADE. i^'-^nQdWi The Eighth Section-— Complaints against the Act— Prohi- bition of Goods from the Netherlands and Germany*— Provision in the Treaty of Breda- The Prohibition re- • laxed — The Eastland Company — ^The Russia Company —The Turkey Company—Usages contrary to the Pro- hibition— -Of Shipping in the European Trade^^Fo-^ reign Prize Ships — Of English Ships sold to Fo- reigners.— -Of the Country where foreign Ships built— Stat.v22. Geo. 3. c. 78.— Of the Country of the Master and Mariners — Of Prize Good»— Wbs^t is an importation — Act of Navigation dispensed with m W»r- ■f*'" . . ta^H CHAPTER ;■ ', f\ ^:^¥^. .4' Certain S< .,?' Duty— •^ eries en 'f'^^ Fisherie ^ caught i 4'-Fish«ry- Allowan Bountie Newfou ' I^aurenc * Fishery- '"::' ftituted, ■*r*-*t"» - How Eng Ships, I to be El •?. &8. When fd Letters sioners o Mariner iidr. .Wl/*.. >'• CONTEl^TS. * CHAPTER lY. TUB COASTING TBAPE, ,.A '• ■i .;,•.',:. Pl«« A 914 ft %ff ' i -','(, f -4 ■ CHAPTER V, , .^ . \ ^ ^,.^ ^ ,, .. ^ Vi»i ui!- 'T tHE F18HHRI1I. ,. ';,^:,^ ,, S4/ 1 1 Certain Sorts of Fish foreign-caught to pay double Aliei/s Duty— The Herring, North-Sea, and Westmony Fish- eries encoun^ed— The Greenland and Newfoundland Fisheries free of Duty— •Importation of Fish foreign- caught in foreign Ships prohibited— The Newfoimdland Fishery-^All Fiiih bought of Foreigners prohibited — Allowances on salted Fish British-caught and cured— Bounties in the Greenland Fishery— Bounties in the Newfoundland Fishery— and in that of the Gulf of St. I^aurence and Labradof— Bounties in the Southern Whale Fishery— The Society of the Free British Fishery in- stituted. • 216 CHAPTER VI. QF BBITISH SHIPS. How English-built Shipping to be understood-— Foreign Ships, English-owned, to be registered — English Ships to be English-built— Tne Plantation Register Act^ Stat. 1. & 8. Will. 3. c. 22. — Of Registers lost or mislaid — When foreign Seamen employed— Ships made free by Letters Patent— By Private Acts— By the Commis- sioners of the Customs— Of Prize Ships— Of Master and Mariners natiualized, ..... 232 :idT%i,k-' PART Sl^ ' ' - 1- 1 1 i I M O coNTEx, rs. r. ■ f5 PART m. ff t'l INTROiDUCnON, -, 262 CHAPTER I. THE PLANTATION TRADE. the Amenaai Intercourse Bill^ Stat. 23. Geo. 3. c. S9 ^ *nie Newfoundland Sup{4y Bill — Stat. 28. Geo. 3. c 6. •--Intereonrse with die West-Iadies—With the Ame- , man Co4onie»— Tbe Amenoan Orders in CoHBcil— The American Treaty— Free Port Act— The bidemiuty Act MM-Dedsions and Low Opinions. - ^im.--' jtf'r •ii6S »j' . ^ ■ ; ;:CHAPTER II. TRADE WITH ASIA, AFRICA, AND AMERiPAl.;,i;T African Goods from Gibn^r — ^Foreign Goods from Ire^ , land-— FoKign Ships in the East-India Trade— The War Acts 1793 — ^The African Company.— The Sierrt Leone Company — British Shipping — ^Thc War AcW 1803— Decisions Viud Law O^nnions, • > 313, , •^.^^,^. ........CHAPTERm.;;. ^^^,,.^^,.^,^ ' '^ ■' ', ' tHE EUROPEAN T1l>DE*- ViWia{',J"> Of European Shipping— Tlie French Commercial Treaty —The War Acts n93— TTie Dutch Property Acts— The Neutral Ship Act— The War Acts 1803— Or- ders of Council, Licences, and Instructions -» Law Opinions, . - » ^ >-_ _ n . - ^ - 338 The Newfou The South The Herri 0|)inion -':.^--r.:: ,;-.^ ¥' j(-.,,j ■J Frauds iq Re gisteringLi submitted t< Reporl thei The Opinio Stat. 2a. Gc filtering — 1 BiU of Sa mislaid — Pi Geo. 3. c. t Remedies p ineQt inDut The War Opinions • . I ' CHAPTER IV. THE COASTING TRADE, ' 370 CHAPTER : -'*.l ■ -IT'lAiJ .-..'■v- CO''. TENTS. CHAPTER V. fAE FISHERIES. >*># The Newfoundland Fisheiy — ^The Greenland Fi^ry-* THe Southern Whale Fishery — ^llie British Hsheries— ^i The Herring Fishery — ^The Deep-Sea Fishery — Law 0|»inioa ..------ 371 • -, V . . ■ " ' ■' ■ ' ■*' ■' ■•■ ,«Uf ■'>■*'■-'■''''■'« ^ -:■■' 'J^M.;?.- ■"Tlii.-... -^.in.-i :.,,■,,.;.., ,j.'' .,. ' , /■, -.^■A ^i'' A^r CHAPTER VI. . \.. :;.•:; ','';^;,^. *'*^^"'^^'''»'*^'-'^OF BBITISH SHl^S. ■ ^-*.>-'l Frauds iq Registering— -Smuggling— DeftiCts in the Re- gistering Laws — Intended Amendments therein — Points submitted to the Commissionf rs of the Customs—- Their Report thereupon — Proposals for amending the Laws-— The Opinion of the Committee of Trade thereupon—- Stat. 2a. Geo. 3. c. 60,— Of British-built Ships— Of Re- filtering— The Bond— Indorsement on the Certificate- Bill of Sale— Change of Name— 'Certificate lost or muilaid— Prize Ships — ^Amendments made in Stat. 26. Geo. 3. c. 60. — Of Shipping in the Eastland Trade- Remedies proposed in Aid of Brituh Shipping— Ease* inent in Duties for British Ships Stat. 34. Geo. 3.C.68— The War Acts 1793 and 1803 — Decisions and Law Opinioos - «.---. .1- ur)*^tr'/*j - 4,}-:-' ■."..t. SUMMARY, CONCLUSION, ^^PPE^DIX. ". f "If. I 396 - 489 &\9 525 .*u,t' • irviMvy *il ! I >> h' - i- /■ i: • .^ Witf-" ■*.A i. ^ N V t'M:^ V ■••'T 'I V ■' 'I. c).d • '^f' ' f ^ i : 1. ♦ • ;l« IT is prop law of] Navigation, improvemer frequently ej and various* to time, by as much as country, the conveyance ( ^•^, *":;';- !?■,•' ' 1,1 ,''if y* 'if ■i<'.¥'it:''Uf, '((^ ,"vv?te.'<^i,--,*?',! ,(:55«'-Aii *rtfv5 ■r. OF ■ ' '' .''■-'! ■ ■ " '. •• ■ ., -, 4 .>,>''-*"'^,V r .*.* . I •■-'.■ f-' >- >- ' Shipping and Nayigation. ^t!> tl ..,,-t,y f-i' INTRODUCTION. ..•>-.^'«V\i L ^ W '^ * ' t*^ -t.» '*■¥ /' , v-' '/'.' ■ ^ 's*rf " ■' " "- ' 'i "' ■ i' • '' • '■ ' * ; '. ■' ■ ' 's ('■■ .'■*. ■ ,. - " ' ' ■ ., ' ; <:t;.--h •^ - ..■.J *-f -v.. '*■ ^4' ^r I IT is propofed to take^an hiftorical view of the law of England with regard to Shipping and Navigation. The iritreafc of fhipping, and the improvement of navigation, are objects that have frequently engaged the attention of the Legidature ; and various provifions .have been made from time to time, by which it was endeavoured to confine^ as much as polTible, the trade to and from this country, the employment of the fifherics, and the conveyance coailwife, to the (hipping and mariners B of ■t; ,i ■■fc.. i I: ['- i u ! '■;■ % n b^ V ^ ^ . . i' INTRODUCTIOK. ■*'.%: *.','■ of this country alone. The Hiftory, therefore, pt Shipping and Navigation includes in it the hiij^pry. of the different branches of foreign and domei^M! trade, and of the fifheries carried on either ppQ^> our coafts or abroad ; and we Ihall according^yu i^ purfuing this enquiry, be led to conHder the ia^ys that have been made for better regulating thq^^ various objects of commercial policy. .5f,02"j>l jxi: • But this, underftood in its largeft extent; op^Ql to us a field of more fpace and greater yaripty than is neceffary for our prefcnt purpofc j. fon;^? limit muft therefore be fet to our rcfearch : in fo doing it is meant to confine ourfclves merely to fuch matters as belong to shipping and natjigaz tion in the ftricler fenfe of thofe words, or at Ip^ft in the parliamentary fenfe which they have acqu^ed from the ufe and application of them in difierjent adls of parliament. Thus, whatever relates jto a shipi and its qualifications of ownerships or btiklt, the mafter who commands, and the feamen who navigate it, the goods and commodities, and the places from which it may import by virtue of fuch qualifications; all thefe are peculiarly fubjefts ^f the prefent Hiilory, and will of thcmfclves bring before us the trade and commerce of the whole world. But any incidents and circumftances re- lating to that trade and commerce, and not origi- nating from, or belonging to, the precife nature of fuch qualifications of the skip and its naviga" iion, arc extraneous and foreign. Thus the whol^ concern of cuftoms and duties being merely regu- lations of revenue J the detail for coUefting and Isvj - ' ; ■ fccuring fecuring fui vilions aboi ihia^tters Jyii houfe, are in Ihort, it and thofe c Navigatio tht Second words in th underftood IncrcasDio Such is? defign; wh ufually tern hiftory maj riods; the] eariicft app eluding the ring the tim will comme paflcd in the tain all the \ the peace after the pi have been n After w come curioi ccived, and it. It is ir {"nformation that has obt; firent Afts > ..*-^ iN*rii6bitcJTraff;' ■-.n'. fecuring fuch revenue, incHiding the mimeroUs pro*^" vtfions about fmuggling j with an infinitude of other ihlaitcrs lying within thedcpartmentof the cuftom^ houft, are all excluded, as no part of this work. ' In Ihort, it is intended to touch upon thofe topics, and thofe only, which compofe the famous Jet of Navigation made in the 12th year of king Charles th^ Second, and which has in its title the fame words in the fame fenfe in which they are here to be underflood: Jn Jet for the Encouraging and Increasing 0/" Shipping and Navigation.- a'j Such is the nature and extent of the propofed defign J which will comprize a hiftory of what arc ufually termed The Jets of Navigation, This hiftory may properly be divided into Three Pe- riods : the Firft containing the laws made from the earlicft appearance of any fuch, down to and in- cluding the Aft of Navigation made in 165 1, du- ring the time of the Commonwealth. The Second will commence with the famous Adb of Navigation paffcd in the 1 2th year of Charles II. and will con- tain all the laws paffed down to the time of making the peace ih 1783. The Third will commence' after the peace, and contain all the laws which have been made down to the prefent year 1806: ^ AJfTER we poffefs the text of the law, we be- come curious to learn what conftrudlion it has re- ceived, and what praftice has been founded upon* it. It is intended, therefore, to irtterfperfe fuch' information relative to the conftruftion and ufage, that has obtained in confequence of paffing the dif- ferent Aft s of Navigat'ibn, as the bell fearch has ^ 2 beea •L.i J I, INTROOUCTIOlf. bear able to difcorcr. The place where a lawyef^ wouM naturally look for materials of this forti is the books of reports, containing decifions jand opinions of the courts. This fearch has . been made, but it has not anfwcred the expe^attoni that might be entertained either front the import-» ance of the fubje& or the lapfe of time, which promifcd many occafions for judicial difcuifion ot thefe laws* All the cafes to be found in the printed books, from the timeofpafling the A£b of Navigju^ tion to the prefent moment, do not exceed ten {a)i nor has repeated inquiry been able to draw ^tk any information of this kind frpm manufcripits* One great fource therefore of illuftration, andjfait which principally commands the attention of Hid profefTors of the law, is extremely deficient in tills branch of jurifprudence. ? '* '<■ This dearth of recorded jcK%meiits mufb furelj^ be afcribed to no other caufe than that there were very few wordi recording : for it is not to be bc-» lieved that, among the vanety of matter colledled from term to term in Weftminfter-haU, that fur- niihed by the laws of navigation fhould have ef^ (a) That iS|, in June 1792* when this book was &cSk puh- Ilihed ; a greater number are to be found in the books, during the fliort period which has iince elapfed. Thefe, however, are not in Exchequer caufes, inftituted by the Crown, for enforcing the regulations of the Navigation Syftem ; but in caufes between party and party for adjuUing private rights ; many of thefe queftions have been on the Regiiler A£l, Stat. 26. Ceti. 3. upon the transfer of property in (hips ; fome have arifen incidentally inJnfurance caufes, where objeftiohs have been raifed on the illegality of the voyage inibred* - . .V- <;■ caped wf tion : and coniiderec tion of a by a boar dueled b] circumilai very fpeci eftabliihed progrefs < makes it i that can b don ; ' and worth rec the genera the ufe oi not fupply reft fatisfie fource^ It is in officially h jthirty yeai been argue the Afts oi of this pel ment of th lieve, that our own, thefe ftatu ]H^ithou£ an; r I -a .*/>- IirTRQDtfCTIOirk taped widioht receivmg its due pordofi df atten*' tk>n : and this appears the kfs likely, when it is iconfidered that fuch caufes belong to the jurifdico don of a particular court, that they are inftituted by a boMrd cf tevenue, and are advijfed and €on«- dudled by the law officers of the crown. The circuitiftances attending theie fuits give them a very fpecial appearance. There are ofikers of an eftabliihed board, promoting and watching the progrefs of them in every ilage, whofe fituation makes it dieir intcrft to pick up eve^ fuggeftion that can be added to the Hock of official informa> don ; ' and it is not very likely, that any decilion, worth remeirabenng, i(houId have efcaped bot!& die general reporters, and thofe who coiled for . the ufe of the cuftom-houfc^, if the latter will not fupply the. deficiency of the former, we may reft fatisfied that it can be fupplied from no other HOUrCC ' 'i^'sA X ^ 'r i#wji;? iitfyj^'.iir -gM. .■fsi'iii/j I .. V .- -.iiVW : ■;■ • -oiinn'. »<.'-!i . It is In the memofy of many perlons. Who arc officially bonnd to know it, that for twenty or diirty years hack, veiy few points of law havfi been argued in the court of exchequer upon any of the Adts of Navigation (a). From the experience of this period we are enabled to- form fome judg- ment of the preceding $ and we may readily be- lieve, that in former times, as we know it is in our own, the generality of fuits grounded upon thefe ftatutes, turned upon fome point of fa6t, li^ithouc any difpute about the meaning of the law s I 11 % .■ ' .*>■■■ [f^iff^'^ri - .V . .. ■ - la) See the preceding Note. B3 and , i'f ■ IVTHODUCTlOW. And from fuch fuits no legal materials «Bfe:to> be derived for the inform trion of pofteritj^.^^-i^:, ibw^; ' ->*/ It might be inferred from this, that the iaws of navigation are penned with great cieamftlsi .and are happily exempt from thofe ambiguitiesy. whkh have been fcen to cloud the conttruidlioa of odiiir laws, framed by perfons of the bcfl: learning >aild experience. But in truth a want of clearae:^ iis not the only nor the moft common caufeof.doul^t and difficulty in the interpretation of laws :» thtfy originate from other defers than thofe in thcikws themfelves ; from the conceit of the parties in* ,tcreftcd, and the weak, judgments of their fifrft advifers;, fuch difpofitions and fuch intcUei^tsl will eafily perfuade themfelves, that the law fpeaks ^hc language they wilh it ihouid fpeak j and at any aate they will think itvvorth trying, whether ithey cannot prevail with a court to confirm theii* opi- nion. Thefe confiderations have generally had their full cfFedt to plunge the parties into a fuit, before the matter comes into the hands of thole, who are heft able to diftinguifh, but who are then obliged to exercifc their ingenuity inftcad of their judgment, and to torture and confound evejty thing, in order to fupport what in their clofets ■they would pronounce untenable. Yet it is to fuch occalions as this, that we are indebted for two-thirds of the legal argument to be found in the Report-books ; and out of fuch attempts to miflead and mifreprefent, grow the true expoHdon and the real learning of the law. But the king's fuits arc brought into court in *v*; i _ , a dif^ iVidifferefl well coni cuftoms, they* are.! attmney'i difcretion Thefc-joff t|irofcirioii and prom that the o they neec ment. , Ii confult lii rights (ho tion withi While fuc points of really and culty. If few ( on this ful 15 not war is from tl been takei of Charle for the di in points this can b fwpply til pounding ij^egiflatur , t ,SN IlfTRODVCTION. « jdifierent manner : they are, ioihf>firftinftance, •well conHdered by the foltcitor of the board of cuftoms, who is quaUfied by his daily practice to ibrin.aifufficient opinion upon the point of law i they' are ufually fubmitted to the opinion of the atjCorneyandfolicitor general, whofe judgment and difcretion are looked to for advice and diretflion. Theiiriofiicers feel themfelves refponllble in their tprofeflTional charai^er for that which they ad vile and promote ; and they will always have in view, that the opinion given in their chambers in fuch as they need not fcruple to fupport in public argu- nie,nt. , In addition to their own reputation, they confult likewife the honour of the crown, whofe rights (hould ;iever be brought judicially in quef- tion without a reafonable confidence of fuccefs. While fuch conliderations have their influence, no points of law will be hazarded, that do not appear really and fubftantially to contain doubt and diffi* CUlty. itM;,-,*^;;.^^*!^^;-^!?^/?!^! W 3^v(^:^ , . JjF few determinations of courts are to be found on this fubjed of Shipping and Navigation, there is not wanting information of another kind. This is from the opinions of law-officers, which have been taken from time to time ever fince, the reign of Charles the Second, by the board of ciiftoms, for the direction of themfelves and their officers in points of pradice as they arofe. Wherever this can be obtained, I fhall endeavour to make it fypply the deficiency of judicial matter, in ex- pounding and illuftrating the laws m.ide by the , ij^cgiflature. ;'. B 4^ ' I AM , ( I, ■ I ■ i< / 'III it .;ii :*. fl ■I .?--^- V. A ' INTRODUCTION". 'I AM aware that the fcrupulous dignity of th« law of England has not been accuftomed to receive^ as authorities, any thing lefs than the opinions de* livered by judges upon the bench j the argumena of counfel in court, and their opinions at chain* hers, are placed among thofe extrajudicial and private matters that are wanting in the eiftntid Quality which fhould condituce a juridical authority. But it may be faid, with due d^eference to the oracles which fpeak in our courts, that the opinions of lawyers have an advantage which those have not : they come down to us in the writing of the au- thor—his own meaning conveyed in his own Words } the opinions of courts, on the other hand, are ufualiy conveyed by fome auditor; and the eleareft judgment may, in after-time, be brought in queftion from the inaccuracy of contradidiory reports. Indeed I can entertain no doubt but an opinion afcertained to be really given by a perfon filling the office of king's attorney or folicitor^ upon points of revenue and rights of the crown, will be received by lawyers as a very high au- thority ; and 1 Ihall think myfelf very fortunate in having had an opportunity to bring together a con- fiderablc degree of information from materials of that fort. ^ With thefe helps from the decifions of courts, and the opinions of law-officers of the crown, it is hoped fome light may be thrown on the a6bs of parliament, which are the fubject of this Hiftory. PART ^^A't^O . t •^Hl«' ■/ ' • ' t First Act mans oi in Dut The F Trade-- vigatio THEf can I iNavigatii cnadbed, t which ca freighted other. Bi enjoyed in who were Englifh; I by anothei to buy wir the Gafco con(\dered ping to b tion. :SV, .:, ]j /.■J., K ■iV'?'^ \ y; M." '•■->* ( 9 .•V ^VV (f ' t'l''' ■* L' 1 •«^-.;*'iiKr"-lM!ifr-fti-.fe^vy First Act of Navigation — Petition of the Cont" ' ' »ia«« ow Me Car rising Trade-^An Easement in Duty for English Ships*^Stat, ^. Eliz.-- The Fisheries encouraged — J'he Coasting ' Trade-^The Plantation Trade^^Act of Na* ligation 1 6 5 1 ^^^i^t^^r^ ? ^r^Mm^<^$^^^^%:^^- ;■ ■ ' ' . : THE firft provilion made by parliament that pautl can be claflcd under the denomination of a 42 eo. m. to Navigation' Act, is flat. 42. Ed. 3. c. 8. which **** ^^*** jcnadf d, that all fhips of Jln^and and Gafcoigne which came into Gafcoignei ihould be firft freighted to bring wines into England before all ©ther. But this preference (fuch as it is) being enjoyed in common with the people of Gafcony^ who were then the king's fubjeds equally with the ' Englifh ; and the Englifh being actually reftrained by another part of the a6t from going to Gafcony to buy wines, which were to be brought only by the Gafcons and other Aliens, this has not ocen conf^dered fufficiencly favourable to Englifti (hip- * ping to be ranked among tiie A That which has ufually been deemed the firft V ^iF -^^^ ^^ Navigation, is ftat. 5. Rich, 2,. ft. i.e. ^. vigation. *:«»' which IS fxprcfled in the beginning of it to be made /or the imrcase of the navy of JCnglaiuf, which was then gicntli/ diminished. ; It was thereby ordained, that none of the king's liege pcopJr (hould from thenceforth ftiip any merchandize in going out, or coming within the realm of England in any port, but only in /hips of the king's liegeance, under the penalty of for- feiting all the merchandize (hipped in other vef- fels, or the value thereof i a third part to go to the informer, or, as it is exprcffed, " tht pcrfcm ** who duly espieth and duly proveth any oi- " fence againft that ftatutc.'*/ni » h ai cifj'j But this attempt to encourage EngUfh (hipping feems to have been made before the actual ftate. of our navigation would quite warrant it y for in the very next feflTiori of parliament it was ena^d, by ftat. 6. Rich. 2. c. 8. that the faid law (hould only take place '- as long as (hips of the (aid liege- " ance were to be fouqd aMe and sufficient in " the parts where the merchants happened to "dwell." Again, in the 14th year of that kingj the fame regulation was repeated by parliament; but it was on that occafion accompanied with a qualification which fuggefts an important obferva- tion upon thefe laws of navigation j for when it was enafted by ftat. 14. ii.sJi. x. c. 6. " thzit " merchants of the realr T • ^land fi..;.ad " freight in the faid realm the (hips of the faid *' realm, and not ftrange fliips," this provifo was added, so that the owners of the said ships take reasonable teasonah If, theref If the by foreign (^ From fccn how (icial regi tained in 1 fl monop( nr' tf'C CO ooili.g its -md reftra wording a fubje<5l;, t\ tions mon and that t from was hnd. W( that the c not of com made frcq There fubjcdl fr< of Edwar Edw. 4. the trade the realn ft rangers, realm ani ftrangrr the rcalrr could hav of denizei • * $niPP!N6 AMD NAVICATIOW. . , . reasonable gains for the freight of the same. If, therefore, Er glllh (hips could not be got, or If the owners demanded an unrcnfonablc freight, foreign (hips might ftill by lau be employed. From thefc conccflion and qu.ii^cations it is fccn how early our tnccftors felt, that thelc bene- ficial regulations, with all their a Ivantagcs, con- tained in them the inconveniences and mifchiefs of p ironopoly j and that the navigation and (hipping nr tf'C country could not be favoured without ex- fiOiii.g its trade to fome degree of burden and •\nd reftraint. Indeed it will be found, from the wording and tenor of various ftatutes made on this fubjeft, that the A6ts of Navigation were regula- tions more of a political than commercial nature j and that the whole advantage to be deprived there- from was intended to center in the navy of Eng- land. We (hall find, in all fubfequent regulations, that the obje , 1tMi ♦ PART I. 4&iD. III. TO ikSk 1651. FaWnq of fhe Ce«»n.'nd on ike r'avr^'ing half Co the king and half to the perfbn fchmg* But this provifion in Favour of Englifh ihipping was to iafl no more than three years ; iuia we find no other ftatiite on this fubjedl till the reigl| Henry VII. '•-i?!f--,v ',-■', '-A^«>.;.- -•.-'"', ji^'^j^ . But in the mean time a petition made by the commons in parliament in the i8th year of Henry 6. is well worthy of notice. It was there prayed, that thenceforward no Italian, or other merchant of the countries beyond the Straits of Morocco, ihould fell in this realm any other merchandize than that of the countries beyond the Struts, on pain of forfeiture thereof. And the reafon there alledged for fucha regulation is, that fince the Italian merchants had become carriers of the com- modities of Spain, Portugal, and other countries without die Straits, in addition to the produdions of the countries within the Straits, thofe articles were not brought in fuch abundance, nor were they ibid fo cheap as when they were brought by the merchants of thofe countries refpedively, or were fetched by the merchants of this country in their own fhips J the confequence of which was, not only the decreafe of the king's cuftoms, and the depreciation of the merchandize of this realm, but alfo a great hurt to all the navy of the realm. Such are the mifchiefs which were meant to be remedied j and the benefits the commons propofed by the regulation thus prayed were ftated to be, that the countries without the Straits would be more defirous of peace and friendfhip with Engr land, in order that their merchants might have lafc-condudl to bring their goods hither j and that our •or mcrcl themfelve fo make f pafs iQto , not affent ment we c begin to foreign Ih country tc It is a to give f( merchand An experi peafance i VII. ; anc ciple, car; by prohib ,£:ription, enacted b^ buy or fcl lais, or t manner of Guicnne o ventured Welfhmar Englifh, or men of on forfeiti the forfeit faj Rolls lian merchai flraining the '■•.t'Sr-'.-'H""!*' '. f-7 ;-• ■■ , U SHIPPING AMD NAVIGATION. •or merchants carrying the goods of this country themfelves migiit fell them at the firfl hand, and fo make greater profits. They prayed this might pafs ioto a law for ten years; but the king did not aftent to it (a). In this parliamentary docu- ment we difcover a branch of the navigation-fyftem begin to difclofe itfelf ; namely, the confining of fiareign fhips to carrying the produfbions of ^ ■i'->VJ- country to which they belong.. 4 ii„?ife,| It is another branch of the navigation-fyftem to give fome favour or preference to articles <^ merchandize, if imported in (hips of this kingdom. An experiment of this fort lik'ewife made its ap- pearance in the beginning of the reign of Henry VII. ; and the parliament, in adopting this prin- ciple, carried it at once to the extremeft length by prohibiting all commodities of a certain de- .fcription, that were not fo imported; for it was ena^ed by ftat. i. Hen. 7. c. 8. that no one fhoidd buy or fell within this realm, Ireland, Wales, Ca- lais, or the Marches' thereof, or Berwick, any manner of wine of the growth of the Duchy of Guienne or Gafcony, but fuch as fhould be ad- ventured and brought in an Englifh," Irifh, or Welfhman's (hip, the mariners of which were Englifh, Irifh, or Welfhmen, for the moft part,, or men of Calais, or of the Marches of the fame, on forfeiture of fuch wine j half to the finder of the forfeiture, the other half to the king; fa J Rolls Pari. i8. Hen. 6. 59. The great increafe of Ita- lian merchants at this time led to ftat. i Ricb. 3> c. 9. for k- ftraining them and their trade. ' , / This ;a , •' 42 Eoi III. m A.». 1^1. •^ , " HI . : l1 '» i\' "I Hh ' 4'i KO. Ml. to A.». 1651. -..VVft^i,-;-*.'' THE LAW OP '^i^Ufl';. ■A: ■f>i This fl:atiit« is introduced by a preamble ^x-*' prefllng the decay of the navy and tht idleness of the mariners, and that if the fame were not reformed, the realm would not be of ability and power to defend itfclf. Conformably with the fo- licitude there expreffed concerning the ertiploy- mcnt of mariners, this adt required, for the firft time, that the mariners, as well as the (hip, should be of i fits country* i^^rrts ^/.' * 'v^ i'^-' f>'.Vi: 1 PART I. ' 42 ED III. TO 1 '- • • ■■■ - i ih ^ ',\ i An euenent \a \ duty for Eng- l luh ibipst |-- , 1 Ik w /{i.-THE LAW Of it;«]^ji';Hgi;.' . ' i2fc^. fl. and flat. 4. /fe». 7. which they declared fhould ftand in full force and efFc6t. This a^ being made to continue only to the lad day of the next parliament, it was thought proper by ftat, 32: Hen.i, c. 14. intituled, " An Actjor the Mahir ienance of the Navy of England, and for qer* fain Rates of Freight y* again to confirm thtf faid ftatutes, in the fame manner as had been done by ftat. 23. Hen. 8. c. 7. In order better to in- ilire the employment of Englifli (hipping, this a6t further ordains a certain price of freight between London and the principal trading towns of Europe 1 which price was not to be exceeded, except in times of war. . . -^.-.5_w..-.^,,;. >,..4 , h-^ ,^^ y^.^i^^^yi' It feems, a proclamadon had been ol^talned from the Crown, granting to merchant Grangers, for a certain time, the privilege of importing and exporting merchandize, on paying the fame cuf- tom and fubfidy as natural-born fubjefts. This liberality of the Crown was qualified by the pre- fent ftatute, which confined it to fuch articles as were imported or exported in any ship, bottom^ or vessel of this realm of England, commonly called an English shipy bottom, or vessel j which is the firft inftance of an eafemcnt in duty made in favour of Englifh ihips. But to this was fub« joined a provifo, Thatihould no fuch Englifh fhip be at the port, and the merchant gave notice thereof to the Lord Admiral, or his deputy, or if none fuch were refident at the port, then to the cuftomer or comptroller, and obtained from him a certificate, under his fcal, of fuch lack of Englifh lhips> . s lips, he the port, tion. To facll of Englifh fome publi of feven d voyage th made for t tody. of go due perforr plaint and I admiral, hi *^ Such w ment to n Englifh fhi commerce i we fhall fee to the form 5. & 6. El Hen. 7. w£ tenance of articles th cheaper j fold dearer the better cordingly p day of Feb any perfon amity with wines, or u or 'i'ltoidou ' •' ' ' ' ■ ■ • ,-^'''.''f' SHIPPING AND NAVIGATION. - -> ■' lips, he might then freight any foreign fliip in the port, and have the benefit of the proclama- tion. To facilitate the execution of this a6l, owners ofEnglifh fhips were direfted to affix a notice in fome public place in Lombard-ftreet, for the fpace of feven days, of their intention to fail, and the voyage they meant to make. Provifions were made for the fpeedy departure of fhips, fafe cuf- tody.of goods committed to their care, and the due performance of their engagement, by a com- plaint and hearing, in a fummary way, before the admiral, his lieutenant, or deputy. * Such were the endeavours ufed by this parlia- ment to recommend, and gain a preference for^ Englifh (hipping. But the competition between commerce and navigation had various fuccefs ; and we fhall fee in the next reign that a turn was given to the former in prejudice of the latter. In llac. 5. & 6. Edrt. B.C. 18. yre are told, that flat. 4. Hen, 7. was fuppofcd to be made for the main- tenance of the navy, and in good hope that the articles there jnentioned would be obtained cheaper j but, on the contrary, thofe articles daily fold dearer, " and the navy was thereby never the better maintained." The prefent ftatute ac- cordingly provides, that in future, between the firft day of February and the firft day of OcfobeVy any perfon, being of the parts or countries in amity with our fovereign, might bring in thofe wines, or wines of any other parts of France, or 'i'iionloHse zcoacl, in whatfoevcr fhips, crayers, C or if PART I. 42 EO. III. TO A. P. 1631. < ;: ! I mf,. • .- I' m f« I»ART 1. ;eO. Hi. TO A.D. 1651. .2!0l't'k THE LAW Ol^t^'.^,, , pr boats, whoever migh-: be owner (being of par in amity with our fovercign), and whoever migi. be the mafter or mariners (a). % The expectation cxprefTed in this ftatutc to ob-» tain foreign goods cheaper when the carrying pf them was granted as a monopoly in favour pf Englifh fhipping* was rather fuch as would be held out by interefted perfons who feek a privilege, than entertained by wife men who look on, unlcfs in times when the nature of commerce is very little underdood. . ^^iV s^'^ »? u- ;i.; . ; ■ ? «;:^t^ •, The caufe of commerce was backed by the jealoufy of foreign ftatcs, who retaliated our pro- hibitions to freight foreign Ihips, by making pe- nal laws againft fuch as fhould Ihip goods out of their countries in any other than the veflels of the country. This point was taken into confi- deration by the parliament at the beginning of the reign of queen Elizabeth, and by ftat. i. £liz. c. 13. a formal repeal was made of flat. 5. Jiic/i. 2. and flat. 4. Hen. 7. j and thereby it was hoped to conciliate the friendlliip of our neigh- bours, who were running the fame race with us in navigation and commerce. But that the interell of navigation might not be wholly abandoned, another faj By ftat. 23. Hen. 8. c. 7. fefl. 2. no wines of Gafcony or Guienne, or any manner oi French wines, were to be landfd be- tween the Feall of St. Michael the Archangel and the Purifica- tion of Oar LaJy. This aft was expired when the flat. 5. & 6. Ediv. 6 was paii'td, othcrwife the time here limited for import- ing woud ill ciieft have been no limitation at all, but an entire permiiGcu. ^lare. If that prohibicion of ftat. 23. lien. 8. was coininucd by any other flatute ? ' ,' '-a another i intended, equity, tc fraudulent fubjefls e own nam< aliens* dut which, un nothing ir tJie Navi^ -claufe. I eliandize, w^as" no re embark, f chandize, pitch, tar, any lliip, the queen, were not p ters and tl of the que for the fan: Thus, 1 required t( by the prei exported ii aliens' duti( forced by f a Icfs fundi v/hofe occi: to the con- profits. T ■^r roigi. toob- our pf be held Lvilcge, , unlcfs is very by the ur pro- ing pe- 3ds out iflels of 5 confi- ining of flat. I. flat. 5. Y it was neigh- 1 th us in intereft ndoned, another I Qa/cony or andcd be- Purifica-I . 5. &6. jr iniport- an entire | Hen. 3. SHIPPING AND NAVIGATION. another mode was attempted, by which it wis intended, with lefs envy and more appearance of equity, to accompUfh a like end. To prevent a fraudulent practice, which then had obtained, of fubjefts entering the goods of ftrangers in their own names, and fo defrauding the Crown of the aliens' duties, the following regulation was made j which, under the mafk of revenue, feems to have nothing in view but re-eftablifliing the fpirit of tJie Navigation- A(fts repealed in the foregoing -claufe. It was enafted, that all owners of mer- chandize, who in time of peace, and when there was- no reflraint made of Englifli fliips, fliould embark, fhip, lade, or difcharge, by way of mer- chandize, any wares or merchandize (mail, rafFe, pitch, tar, and corn only excepted) out of, or into any Ihip, bark, hoy, veflel, or bottom, whereof the queen, or fome of her fubjefts of this realm, were not pofTefTors and proprietors, and the maf- ters and the mariners for the moft part fubjeds of the queen, fhould pay the fubfidy and cuftom for the fame, as ftrangers and aliens born. Thus, by tlie laws repealed, all fubjefls were required to import and export in Englifli fhips j by the prefent law, all fubjedls, who imported or exported in foreign fliips, were liable to pay the aliens' duties. It is true, the former a6ls were en- forced by forfeiture j but the aliens' duties, tliough a lefs fundtion, were motives fufficient with men, whofe occupation in commerce habituated them to the comparifon of every rife or fall in their profits. The defign and expedation of the par- C z liameiu H V'AWt V 42 KD. III. frf A.D. 16iK» I -1. :r ■:)i ic title tn< Ai (D. III. TO A. 6. 1651. THE LAW OF Hament was fairly difcovcred in the title tncy gave* to this ad, An Act J'or the Shipping in Eng- liih Bottoms. The zdi goes on to ordain, that no hoy or plate owned by an Englifli fubjedl Ihould carry merchandize from this kingdom to parts beyond the feas, on pain of forfeiting fuch hoy or plate, with all the munition, tackling, and other necef- faries pertaining thereto j a provifion, that pro- bably was defigned to promote the building of larger fhips. ' ' '. An exception, fimllar to what we have before feen, was made to the regulation in favour of Englifli fliips i namely, that the merchants adven- turers, and merchants of the ftaple, might, at the time of their fliipping cloth and wool, twice in one year at the mod, from and out of the river Thames, fiiip mercliandize in a fliip belonging to a Itrangcr, or alien, at fuch times as fhips be- longing to fubjefts were not to be had, fuffi-^ cient in number and goodnefs for the fafe convey- ance of goods to Flanders, Holland, Zealand,^ or Brabant. The merchants of Briftol alfo, who had fuffered greatly in their fhipping by enemies at fea, were allowed to fliip, within forty miles of their city, merchandize on board ftrangers' bot- toms, without paying other cuftoms than for mer- chandize in Englifli bottoms. The whole of this a6l was only of temporary duration, namely, for five years ; and fo to the end of the parliament next following. But, before it expired, the regulation about hoys was repealed by by the 1 ordained, tht feas a as far as taken aw; aft being parJiamen iion of fl:; The fl touching nance df forward tv tion, that different n cncouragin creafing oi was, the cc fliipping. Many J made refp them had t to fliipping towards thi tht inland f as fl:ai;. We Kdw. J, pi market of was then, a: were followi '■eignsi in light of VI corn, butte: 1:1 Iporary [he end leforc it ^pealed ' .> SHIPPING AND NAVIGATION. 21^ by the Navigation- Adl pafled in ^. £,liz. which. ^^^'^-Jvj^ ordained, that Englifli hoys and plates might crofs *>iFD, w- tht Teas as far as Caen in Normandy, and eaflward as far as Norway. This partial indulgence was taken away by ftat. 13. Eliz, c. 15. j but this lall aft being to continue only to the end of the next parliament, when that period arrived, the provi- - fion of flat. 5. Eliz. again revived. . ; v ' ' . The ftat. 5. Eliz. c. 5. is intitled An Act touching politic Constitutions for the Mainte- nance of the Navy. In this adl were brought forward two principles of our fyftem of naviga- tion, that have been ftcadiiy adhered to, undec different modifications, ever fince. One was the encouraging of the filheries, as the means of in- creafing our fliipping and navigation j the other was, the confining the coafting trade to Englifh Ihipping. Many provifions had, before this ftatute, been The Fisheries made refpefting the fifheriesj but in none of them had this fubjedt been taken up with a view to (hipping and navig"atiQn. The laws made till towards the latter end of Edward III. related to the inland fifheries of fulmon and other river-filh j as ftat. Weftm. 2. 13. Edw. i. c. 47. But in 31. K(h(\ 3, provifions were made about the faie in market of herrings, of which Great Yarmouth was then, as now, the principal mark'^t*. Thefe ♦stat. 31. FJ, . 3 si 2, C. 1 were followed by feveral others in the fubfequent stat.'.'rf. i:(/.'3. reigns j in all of which filh was confidered in the light of visual merely ; was often joined with corn, butter, cheefe, and the like j and the great C 3 aiKiicty ¥:\ lit ! II 22 I THE LAW OF 1^ Vt#/ I A. I). 16!il. ¥i PART I. anxiety lecmcd to be, to obtain a regular fupply, 4'2 ro. m. TO to prcvcnt foreftalling or regracing, either by buying it at fea, or taking any undue advantage of the fifhermen when they came to ihorc, Co as to prevent a fair and open falc in market, for the fupply of the public on the bell terms j fuch arc ftat. 31. Ed. 3. ft. 1. c. 2. ftat. 31. AV/. 3. ft. 3. ftat. 35. Ed. 3. ft. I. ftat. 6. Rich. 2. c. 11, ftat. 25. Hen. 8. c. 4. among many others. To attain this objedl, encouragement was given by ftat. 6. Jiich. 2. c. 10. (which was enforced by feveral fta- tutespafiedinafcer-timcs, as ftat. i. Hcu.^. c. 17. ftat. 14. Hen. 4. c. 6.) to aliens, beii(„>; friends, to bring in fifti and fell it in market^ notv/ithftund- ing any privileges or charters granted to others. In the time of Henry VIII. the parliament, for the firft time, exprefted an opinion, that the fifti- cries had a connexion with the ftate of our na- vigation and maritime foic". In ftat, 23- Jlen, 8. c. 2. which was made for pre^'enting.the old pracr tice of buying fifti on the high fca, it is ftated in the preamble, that many towns on the coaft of Kent and Suflex had, in former times, pofTefled wealth and great population, owing to their fifh- eries j that there was in confequence a building of boats and ftiips in thofe parts, and mariners al- ways to be found for the navy j Ir.ftly, that the markets were well fupplied with fifli, many grew rich, and the poor were employed. It then com- plains, that the fifliermen of thofe parts had of late thought it more advantageous to go ovtx to, the coafts of Pic.irdy and Flanders, or to meer thi" ,> the fifheri them witi if they d feems to ] Picards a caught fi A penalty bought fu Anoth a femblar ftat. 2. & to be take any merch out on vo] or other pi It rem« to make [ materially vient to This was Ellz. c. 5 By this years to c( in ftiips an fea fifli place out ing any cu the Hune. places, no reftraint, by fubjcdl nor was ai ta . I SHIPPING AND NAVIGATION. ' the fifhcrmen of thofc countries at Tea and buy of them with the coin of the realm their filh ; whereas if they did not fo regrate thcfc fupplies (which feems to have been the pnncipal grievance), thefc Picards and Flemings would bring their own caught filh, and fell it here at a cheaper rate. A penalty was, by this acfl:, impofed on thofe who bought fuch filh, and brought it here to market. Another ftatute may be mentioned as bearing a fcmblance of encouraging the fifhcries. By ftat. 2. & 3. EdziK 6. c. 6. no toll was any longer to be taken by the officers of the admiralty from any merchant or filherman for a licence to pafs out on voyages to Iceland, Newfoundland, Ireland, or other places commodious for fiibing upon the feas. It remained for the reign of queen Elizabeth to make fome regulations that would plainly and materially contribute to render the fillicrics fubfer- vient to the end of fhipping and navigation. This was done by the abovementioned ftat. 5. Eliz. c. 5. By this ftatute it was enaclcd, that, for -four years to come, the queen's fubjedls might export, in ftiips and veflels of fubje6ls, herrings and other fea fifli taken upon the feas by fubjefts to any place out of the queen's dominions, without pay- ing any cuftom, fubfidy, or poundage-money for the fame. In ports, cities, markets, and other places, none were to fet a price on, or make any reftraint, or take a toll or tax of fea fifli taken by fubjedls in fliips or veflels of the fame fubjeds j nor was any purveyor to take the fame but on C 4 agreement ■ li r 'I in h 42 to. III. 10 A.D. l&M. ♦ Sect. 1, a. 4 t Sect. «, 7. :i: I ''' THB LAW Of agreement with the owner or feller*. None were to buy of any ftrangcr, or out of a (Iranger's bottom, any herring not beipg fufRcicntly faltcd, packed, and calked, on pain of forfeiture, ex- cept fuch herrings came in by (liipwreckf. To promote the confumption of fifti, various regula- tions were made concerning the due keeping of ♦^r*na*' '•'*' fifli-dayst, with other matters conducing to enr courage and recommend the great objedl of thq fifhery. In the cpurfe of this reign feveral other regu- lations were made upon this head. In flat, ij^ JCiiz. c. II. which alfo is intituled, ^fjt Act for the Maintenance of ^avigatiouy it was enadted^^ that no fifh taken or brought into the realm by a ftranger, nor filh commonly called Scottifli fifli, or Flemifli fi(h, fliould be dried within England^ to be fold, on pain of forfeiture thereof |(. Again, \x\ ftat. 23. Eliz. c, 7. intituled. An Act for the Increase of MarhicrSy and for Aluintcnanca of the Navigation^ provifion was made againft the merchants and fifhmongers feeding into foreign parts, and ingrofiing faked fifh, and faked her- rings, inftead of employing our own fifliermen ; owing to which, the preamble of the a6l fays, two hundred fail and more of good and ferviccable fliips, which ufed to trade yearly to Iceland, had now decayed ; and alfo a great number of mari- ners and feamen fit for her majefty's fervice : however, faked fifh might, by this ad, be brought by aliens, being the real owners thereof This provifion I Sect, 4. ,• >^ the m '6' This SHIPriNO AND hfAVICATION. provifion was rriuxcd by ilat. 27. FJiz. c .15. Co as to allow luch falccd ftlh to be imported by Eiiglifh fubjcfts, for the ufc of fomc of the northern ports of England, which, it fecms from the preamble of the a(5t, uf< J to be fupplieJ with herrings and other fifli from the coaft towns of Norfoll; aqd SiilFolk, till the exportation of them had been encouraged by taking off the export duty by flat. 5. Eli.i. i fince which, fo much of that article was fcnt to Zealand, P'rance, and Portugal, and up the Streights for Italy, that the northern parts of this kingdom fuffcred greatly from fcarcity. The a^t of 23. Eliz. was afterwards wholly re- pealed by (lat. 39. E/ir. c. 10. j and the rcafon given is, ih:it the navigation of this kingdom was not bettered, nor the number of mariners in- creafcd by the prohibition on the importation of of foreign fait iifh by our own merchants, and that the natural lubjedls were not able to furnifli a tenth part of the realm with falted fifli of their own taking; while, in the mean time, the foreign merchants only enhanced their prices fince the late act of parliament. Further, it alledged, that confidering the fubjecfls of this country might carry out falted fi(h, it was unequal not to allow them alfo to bring it in, but rather to cntruft this branch of trade wholly to foreigners. By flat. I. Jac. i. c. 23. and ftat. 3. Jac. i; c. 12. provifion was made for encouraging the fifhery of pilchards and lea filli on the coarts of Somcrfct, Devon, and Cornwall. And this may be confidercd as the whole of what was done by ]^:>arliament. 95 PXRT I. 4'2 ED. III. Tft A. O. ItiU n I tl 16 '. 11 THE LAW OF PAT^T I. 4'2 FD. III. TO A.D. 1651. TliR Coa ting Trade. parliament, till the Aft of Navigation, Cot pro- moting this branch of employment for Ihips and mariners, which has been deemed in later times fo neccliury for increafing and advancing bothi^^!;' With regard to the fccond principle of the navigatlon-fyftem brought f(:)rward by ftat. 5. Eih. i| ' it was enaded, that no perfon fliould caufe to be loaden or carried in any bottom whereof a ftranger born was owner, fhip-malter, or part-owner, any kind of filh, viftual, wares, or things of what kind or nature foever, from one port or creek of this realm to another port or creek of the fame, on pain of forfeiting the goods fo laden or car- ♦ fiott.8. ried*. ,. ' . \ In addition to this, the antient regulation con- cerning French wines and Thouloufe woad, that had lately been repealed, was revived. No wine coming out of the dominions of France, nor Thouloufe woad, was to come into this realm of England, but in veflels of which fome fubjecl of the queen was only owner, or part owner, on pain f Sec!. 11. of forfeiting fuch wine or woadf j with an excep- tion in favour of Wales, the county of Mon-> mouth, and the Ifle of Man, where ftrangers might bring, in Ihips owned by ftrangers, any quantity of Rochelle wine, and not exceeding a certain quantity of other French wines, in one tsect, 11. 4G, year:}:. A permifllon was given to all perfons, be- ing fubjecls, to export wheat, rye, barley, malt, peas, or beans, when they did not exceed certain prices, into any parts beyond fea in fliips, crayers, or or othci be the This allowed free of d for fix ; the otlie on foot I ftat. I. j 3- ^ar. 1 Befor fhould b( prevailed of the vc ried by t of onlf/ c gard to o the efleft Englifli ii In ano liament, the encou view. Tillage^ exportatic ftiips; an J3cen bcfo riccti. It was e. 5. that ^yy depen ;iie middl "«i. n one '.y be- mak, lerta'm ayers, or PART 1. 4'i i;u. III. '10 A. D. 1651. '' >* 'i SHIPPING AND NAVIGATION. or Other veflels, whereof Englifh fubjc6ls Ihould be the only owners. ■ ■'^' " * *' , '■ This aft was temporary: the part of it that allowed the exportation of herrings and other filli free of duty, was continued by flat. 13. Eliz. c. 1 1. for fix years, but was at length left to expire : the other provifions above-mentioned were kept on foot by the continuing afts, ftat. 39. Eliz. c. 1 8. ftat. I, Jac. I. c. 25. ftat. 21. Jac. i. c. 28. ftat, 3. Cqr. I. c. 4. ftat. 16. Car. i. c. 4. Before we leave this ftat. 5. Eliz. c. 5. it ftiould be remarked, that the defcription which prevailed in the former ftatutes of the ovvnerftiip of the vefTc'l, whether Englifli or foreign, was va- ried by til is aft, which introduced the alternative of o?i/i/ owuevy or part owner j as well with re- gard to one as the other ; and in both cafes it had the efteft of rendering die regulation in flivour of , Englifli Ihips more ftri<5t. In another ad* made in the fame fcflions of par- * c. i;i. liament, for regulating the exportation of corn, the encouragement of fliipping was ftill kept in view. The act is intituled, For the Increase of Tilldgey and Maintenance of the Navy. The exportation of corn is required to be in Englifli fliips ; and this is done in the fame words as had |peen before ufcd in ftat. 5. Eliz. c. 5. before no- ticed. It was upon the regulations of ftat. 5. Eliz. c. 5. tlmt the fliipping and navigation of this coun- try depended for fupport and encouragement till ;ht: middle of tlie hft century; when a fet of men who rf . 1 m >u ►'■'■' '■ ■' i.J x.:^ !t8 THE LAW Of ■r^^r:-^-i I.^ i ■ I" THE LAW OF A.B. )631. Iiws relating to the plantations. Security was to 4Af.d.'iii.to be given to the commiflioncrs of the cuftoms for really exporting fuch merchandize to tiie planta- tions, there to be ufed j* and a certificate was to be returned from thence, within one year after the lading, of the fhip's arrival and difcharge in the plantations. Perniiflion was given to enter- tain and tranfport to the plantations, perfons, fub- jedls of this kingdom, who were willing to ferve and be employed in them, provided the names of fuch perfons were regiftered in the cuftom-houfe, and no force were ufed to take up fuch fcrvants, nor any apprentices were enticed to defert their maflers, or children under age admitted without exprefs confent of their parents ; and provided a certificate, within one year of the arrival, flioi'ld be returned from die governor, or other chief officer, that no fraud was ufed to carry fuch perfon to any other place. "' After thefe provlfions another was added, which more particularly belongs to our fubjefl, .and which is added in the form of a proviso^ and was meant as a condition to be performed on the part of the plantations, to intitle them to the be- nefits intended them by this ordinance. " Pro- " vided, That none of the faicl pLuitations do fuffer or permit any fhip, bark, or vefTel, to take in any goods of the g^wth of the faid " plantations, from any of their ports, and carry " them to any foreign parts and places, except " in Englifh bottoms. And in cale any of the faid plantations fhall offend herein, then the plantation (( (( a " plantati " the ben " torn, ai " Hollanc Im this principle confining colonies s ?dopted ai manent anc eftablilhed. Before foreign pla the caufe c difpleafure dom i and ment, 3d further intc them in a intituled, 2 Bermuda' ordinance c to have be< the people that they w and dependi the planting to fuch law« ihould be m then alledge had ufurpec tates of ma up in oppc I . T* A. D. 16dl. \i £1>. III. \0 \{ ': ! .Vol. THE LAW OF of this commonwealth, under the penalty before- mentioned. Nor was fuch fifh, when caught and cured by the people of this commonwealth, to be exported from any place belonging to this com- monwealth in any other fhip or veflcl than fuch as truly and properly appertained to the people of this commonwealth, as right owners, and whereof the maftcr and mariners were, for the moft part of them, Englifh, under the like forfeiture. The laft objeft was the coasting trade, in which the ad follows the very words of ftat. 5. Eliz. It enads, that no perfon whatever Ihould load, or caufe to be loaded, and carried, in any bottom, fhip, or vcffel, whereof any ftranger, born (unlefs fuch as were denizen or naturalized) were owner, part owner, or mafter, any fifh, vidual, wares, or things, of what kind or nature foever, from one port or creek of this commonwealth to another, under pain of forfeiting the goods and Ihip- ^ucH was the fcheme of navigation, which the bold reformers of that day defigned for increafing the naval ftrength and confidcration of this coun- try. It may be faid to have originated in jealoufy, and to have caufed the decline and diminution of a neighbouring nation j but it was founded in a po- licy, which the neceffities and the advantages of an infular fituation fuggefled ; and the nation having, from fupinenefs or ignorance, permitted an adive neighbour fo long to take a fhare in the fifheries and foreign trade which belonged to us, thought itfelf juftified in alTerting, at length, its rights, and and carrj tivc ad. upon the though tl unconfliti and folid formed it with die rived, its adopted, ration of ( rofe out of all tho the increa ■ i»'W- .'.. ' 1. . I t i^:v/ m SHIPPING AND NAVIGATION. and carrying them into full efFedt by this legifla- tivc aft. And although this meafure brought upon the country an obftinate and bloody war ; and though the authority on which it was founded was unconftitutional and ufurped, yet a plaii fo wife and folid was ftrenuouHy maintained by thofe who formed itj and it was not fuffered to pafs away with the tranfient government from which it de- rived, its origin: the great features of it were adopted, by the lawful government, at the refto- ration of Charles II. when anew Aft of Navigation rofe out of the afhes of this, and became the balis of all thofe laws that have fince been made for the increafe of (hipping and i^avigation. 42 KD. Ill, 30 A.D. 1651. . w^i^' . -'V' • Part M i i I !■<■ I 'i 4a THE LAW OF ^'!f ■Hi •f>> ^M< at PART II. ' ^ s* I 1 . ; ■ - ;- Jr.-': ( - • •' 'it INTRODUCTION. t PART !I, ^T^HE fecond period in the hiflory of fliipping -*- and navigation begins with the reftoration of Charles II. In the ftatute for laying pew duties of tonnage and poundage on the import and export of merchandize, provifion \yas made, in certain cafes to give an abatement in the duty, where * ^.**]'^2- ^"- fhippir^ of Engliflh -built was employed *.. But the great regulation in favour of Englifh fhipping was. The yict of Navitrationy as it is ufually called, to diftinguifh it from others of the fame • policy and nature. This is flat. 12. Car. 2. c. 18. intituled, An yict for Uie Encouraging and Increasing of Shipping and Navigation. This a6t purfucs the policy and detail of the one made in 165 1, ufmg fometimes its very words. It has made however fome alterations, and has added confidcrably to the fcope of the former ad. In order to prefenc the regulations of this law in I a clear view, it will be proper to clafs them under heads. The obvious way to promote the increafe of fliipping is to facilitate its employment. The Jaws of fl;iipping becoiiiC therefore the laws of ^ , trade i ■.■ -/ • i trade i am turally ar which fliij quarters c defining w the produ which mig tion tradt trade. T the Fisher from port be called t The ne^ ligation as cmploymcr Zli •ta vcni : tc cntly, wher and when America, tl in the Eu made as to and certain of trade in principal al lation contj contains a entered into ing foreign taining the < Other difFe] this fcheme .['J' the ords. has r a6V. aw in under reafc The iws of rade j . [c ■ _. SHIPPING AND NAVIGATION. trade i and the heads under which they moft na- turally arrange themfelves, are the ti'ades in which Ihips are employed between the different quarters of the globe. The late a6b began .by defining what fhips fhould be employed in carrying the productions of Afia, Africa, and America; which might very properly be called the Plantar Hon trade. It then proceeded to the European trade. Then it regulated Ihips as far as regarded the Fisheries j and concluded with the carrying from port to port in this kingdom, which might be called the Coasting trade. The new a6b has confidered fhipping and na- vigation as they relate to thefe fame branches of employment. But it has made two divifions that arc \' } tant. The Plantation trade^ as I have vcni : to call it, is confidered fomewhat differ- ently, when carried on with our own plantations, and when with thofe parts of Afia, Africa, or America, that belong to other fovereigns. Again, in the European trade a great diflindion is made as to the produftions of Ruflia and Turkey, and certain enumerated articles, and as to articles of trade in the reft of Europe. Tkefe are the principal alterations made in the heads of regu- lation contained in the old aft. The new aft contains a head of regulation that had not been entered into by the old ad -, namely, for prevent- ing foreign Ihips palfing as Englifh, and for afcer- taining the ownerfhip and built of Englifh fhips. Other differences in the detail and execution of this fchcme will be difcovered on a clofer com- parifbn 12 CAR. II. 19 A.O. 1783. m v 1 1 \ - ■) >/ \.. ijni' '^- I'l 44 PART IL VX THE LAW OF ^T. \'''i\ parlfon of thefe two a<5i:s ; but the leading ones a CA«'. II. TO juft mentioned are as much as need be noticed at ^ prefent. This A6k of Navigation pafled zhct the Reftor ration being looked back to as the origin and great charter « f our navigation-fyftem, upon which all fubfcqutnt laws may be confidered as comments, it feems moft natural to purfue our further en- quiries in the courfe direded by this aft, and to clafs the matter of our work under the heads into which this ad: is divided. Thefe are, the Plan-- taiion trade — iht trade xviih Asiay Africa, and America — the European trade — the Coasting trade — the Fisheries — and, laftly, oj' British ships. Making thefe divifions of the enquiry, I fhall begin each with fta*ing the ground-work laid by the Adl of Navigation, and then follow the changes and improvements made by fubfequei:t laws (a). ^aj An act was pafled in the Scotch parliament for a fimilar purpofe in i6Cl, indiuled, An A^ for Encouraging Shipping anil Na-vigation. By this aft goods and commodities are to be imported by Scotcli (hips, or ihips of the countries where the commodities arc produced, with an exception of the commodi.ies oi AJIa, Africa, and Ameiica, and thofeof M^o and Italy, until Scots merchants had aflual trade to thofc places. A double cuilom was laid on goods imported in foreign fhips, except (hips of England or Ireland ; but that exception was to endure no longer than while Scotch vefTeis enjoyed the like beneht of trade within' Eii'IanJ and Ireland. A^ fchemc of regillry and cer- * C. 44.. tificatc for Scots fnips is alfo (kctched out in the acl *. The policy and wording of this aft plainly fucw, that the parlia- ment had our llatutc in view. CHAP. ■ iV., s \ * ', Import ar meraten Plant at Navig'tti tvith — 6 "^reta.ved Americd Geo, 2' lished— Import fully — Acts — I^ THE fir gatior trade. Fc it was ord; fliall be irr lands, iflanc majefty bel mav hereaft of his maj'v Africa, or but ill fuch put fraud, or Ireland, \- 4 ;. 1/ ■ SHIPPING AND NAVIGATION. •f\f. ■ . ■ " ' ■ ■ ■ • -■ ' CHAPTER I. ^:r-:-r. ■••1- '* Import and E.rport in English Ships — Enuf mer at ed Goods — European Goods sent to the Plantations^— Plantation Bonds — Acts of Navigation enforced — lic/aredand dispensed tvith — Stat. J. ^- 8. fVill. 3. — Navigation Act \rela.ved — Irish Linens — Rice — Sugar-^ American Acts Stat.^. Geo. 2' and Stat. ^» Geo. 2' Stat. 6. Geo. 2' — jPVxe Ports estab^' lished—The Export Trade from Ireland-^ Import and Export Trade granted more fully — The Restraining and Prohibitory A cts — Neicfo and Ian d — Hondu ras — Su rat. VATVT IF, l'S car. ir. T© Plant./tion THE hrft and grand obje nmodities of the plantations and of other count ics, in order to fupply them -, and, laftiy, that it was the ufage of other nations to keep their plantation-trade to themfelves. After alledging thefe motives, it ordains, that no com- modity of the growth, produftion, or manufac- ture of Europe, fhall be imported into any land, ifland, plantatbn, colony, territory, or place, to iiis majelly belonging, or in his pofleflion in Afia, Africrj, .or America (Tangier only excepted), but what fliaYi be, bonajide, and without fraud, laden and fiupped irt England, Wales, or the town of Berwick-upon-Twe^d, and in Englifh-built fhip- ping, or which were, bond Jidcy bought before a certain day then paft, and had fuch certificate thereof as is required by flat. 13. & 14. Ca7\ 2. c. II. (an aft that will be noticed hereafter), and whereof the mafter and three-fourths of the ma- riners at leaft are Engliih i and which fhall be oarried direftly to the faid lands, illands, planta- tions, colonies, territories, or places, and from no other place whatever, under pain of forfeiting fuch commodities as ihall be imported from any E- other 1 'i CAH. II. TO A.D. 1183. Plantation Trade. . S -.' i iii II ;i i 1 1 1,'i! I I Pi r '.♦'»:■ THE LAW OF i i 1*4 TVflrfr, ♦ Sact. e. t Sect 7. Other place whatever, by land (a,) or water i ^^*'i78a" *"^ *^ ^y water, of the Ihip importing them j ptantaim OHC third to the king, another to the governor where fcized, and another to the informer *, There is a provifo allowing fait to be carried from any part of Europe for the filherics of New England, and Newfoundland ; and wines from the Madeiras, being the growth thereof; and from the weftern iflands of Azores, wines of the growth thereof; and fervants or horfes from Scotland or Ireland ; and from Scotland and Ireland all forts of vidual of the growth or production of thofe countries refpeftivelyf. To fccurc the due execution of this a£b, ftridl rules are laid down to be carried into execution by the governors in the plantations, both with regard to importations by land and by water. They are to take a folemn oath fur the fpecial performance of this duty j and if they offend therem, they are to be deprived of their government, and be incapable of that or any other, and moreover for- feit loool. } a moiety to the king, the other to the informer J. Again, by the fame adl, a penalty of lofing his place, and forfeiting i:he value of the goods in qucftion, is impofed on any officer of the cuf- tums, who fuiTcrs any fugar, tobacco, ginger, cotton, wool, indigo, fpeckle wood, or Jamaica wood, fuilic or other dyeing wood (being in cffeft the articles enumerated in ftat. I2- Car, 2. c. 18.) (a) Imponiog by J»od, i» »n rfprefTion to be found in other r^> of paziiaiiwm* ♦«. •«♦.«. c. 18.), iflands, cc to be carri foever, ur England, ^ at once cu indeed any fclves in th that does r the aft rec( But 'thi the benefit without exj ing bonds tl regarded as fons had ref only in En bonds, carr tice went o made to fet of the law. land fhall I Hiip failing f wick-upon-' Afia, Africa Ilhall load an be brought t to the town and put on fl from any otl *M. • 1 ihcnii pernor • :arricd fNcw )m the , from growth land or 11 forts f thofe ;, ftria ition by L regard hey are jrmance jA, they and be ver for- )thcr to f lofing p ^goods the cuf- ginger, Jamaicii )eing in Car, 2. c. 1 8.) id ia other ...^ PART H. II. TO A. D. n«;). Plantittion Tmle. SHIPPING AND NAVIGATION. c. i8.)» of the growth of any of the faid lands, iflands, colonies, plantations, territories, or places, T^Aii" to be carried into any otlxr country or place what- focvcr, until they have been firft unladen, bond fifidt ^znd put on fhore in fome port or haven in England, Wales, or Berwick ; a regulation which at once cut off the diredt trade with Ireland, and indeed any intercourfe between the colonies them- fclves in thofe articles * : though, as to the latter, * Sect, 9. that does not fcem to have been the conftrudion the a6t received, as will be feen prefently. But *this indireft way of depriving Ireland of the benefit given her by flat. 12. Car. 2. c. 18. without exprefsly repealing the provifion refpeft- ing bonds therein made, feems not to have been ; regarded as an exprefs law would have been. Per- lons had refufcd to give bond for landing goods only in England; or had, notwithftanding fuch bonds, carried the goods to Ireland. This prac- tice went on till ftat. 0.2. & 23. Car. 2. c. 26. was made to fet things right, by an exprefs declaration of the law. This aft direfts, that the world Ire- land (hall be left out of all bonds taken for any fliip failing from England, Ireland, Wales, or Ber- wick-upon-Tweed, for any Englifti plantation in Afia, Africa, or America ; and in cafe fuch Ihip fliall load any of thofe commodities, they are to be brought to fome port in England or Wales, or to the town of Berwick, and be there unloaded and put on (hore : and fo of all other fhips coming from any other port or place, and permitted by E 2 the . 5« M' li ll: l'2 CAH. II. TO A.D. 1783. Plantation 'JfiUk, TUntation Bond). ♦&«t.n. tS«t. 12. THE LAW OF the A6i of Navigation to trade thither j namely, (hips of the plantations thcmfclvcs. The reafon given in the a6l for thm excluding Ireland, is, that it was England which fuffered by numbers tranf- porting themfclvcs from hence to people the plan- tations. Th e governors of the plantations are directed, before any fuch goods are permitted to be loaden on board, to take bond to the value mentioned in the A(fl of Navigation, that the Ihip fhall carry the goods to fome other of his majefty's Englifli plantations, or to England, Wales, or the town of Berwick-upon-Tweed i ..id the penalty of for- feiture of the (hip is infliited, if the goods arc loaded without fuch bond, or without a certificate from England of fuch bond having there been given, or if the bond is not complied with *. Because many Ihips belonging to the planta- tions ufed to carry goods to feveral parts of Eu- rope, and there unload them, the aft direfts all governors to make a return once a year at lead to the officers of the cuftoms in London, or to fomc perfon that fhall be appointed to receive the fame, of a lift of all Ihips lading fuch commodities, and alfo of all bonds fo taken. And in cafe any ihip belonging to his majefty's plantations having on board any fugars, tobacco, cotton, wool, indigoj ginger^ fuftic, or other dyeing- wood, fhall be found to have unladen in any port or place ol Europe, other than England, Wales, or town o Berwick, it is to be forfeited f- The territory of Ta//gier, which came to his majcftji majefty by was declan his majefty meaning of The cor (hips in dei fubjeft of t only carriec at fea to t brought the l>c a great they enjoyec other, ladif without payi thofc article paying heav ledged, that and the greai tion, ought this illicit tra To prever ftat. 25. Car. to take on was not firft bringing then Berwick, and ties fhould, to certain du land if the par might take a thereof f. j 1 » SHIPPING AND NAVIGATION. ss ncly, cafon , that tranf- plan- ith a daughter of Portugal, PART II. A.I). n»3. ftantation * Sect. H. le to hi! majeft majefty by marriage was declared not to be a plantation belonging to his majefty in Afia, Africa, or America, within the meaning of this and the former a6ls *. The contraband trade carried on by plantation- fhips in defiance of the Aft of Navigation, was a fubjcft of repeated complaint : it fcems, they not only carried goods to Europe, but vended them at fea to the (hipping of other nations, which brought them to Europe. The adl dates this to be a great grievance, confidering the free trade they enjoyed at home from one plantation to an- other, lading and unlading thefe commodities " without paying any cuftom j while in this kingdom thofc articles could not be confumed, but after paying heavy cuftoms, and impofitions : a was al- ledged, that the eafe of fupplying themfelves, and the great increafe of their trade and naviga- tion, ought to content them, without engaging in this illicit traffick with Europe; To prevent this in future, it was ordained, by ftat, 25. Car. 2. c. 7. that if any Ihip ihould come to take on board thofe commodities, and bond was not firft given, with one fufficient furety, for bringing them to England, Wales, or the u>wd of Berwick, and to no other place, thofe comniodi- , ties Ihould, before the lading of them, be fubjeft to certain duties of cuftom thereir. mentioned j and if the party had not ready money, the c/Rcer might take a portion of the commodities in lieu thereof f. Thus was the parliament of Knglind f.«;cct.2. , E 3 induct' d r'M •Vv'- J I i* : r ( 12 CAR. It. TO A. D, 1183. Plantation Trade. ^ Sect. 3, 4. "*■ .^'f^T^ THE LAW OP- i«l'^ni.5ft/ "' ' induced to lay duties on the export-trade from one plantation -to another, in order to prevent an unlawful export ^o Europe of the enumerated articles .;-5vv;-^ ■: v- vUf l^^V^: • . As the plantations were combined with the in- terefts of jfhipping and navigation, fo was that grand article of produce, tobacco ; and in the fame rhanner as they had been coupled in the prp-i clamations of king James, and king Charles, th'*y were now united in federal provifions made by the Legiflature (a). In the fame feflions in which the Aft of Navigation was paflTed, it was cnadted by flat. 12. Caj\ 2. c. 34. that no one ihbuld plant tobacco in England, Wales, Guernfcy, Jerfey» Berwick, or in Ireland, on pain of forfeidng it, or 40s. for every rod of ground fo planted. This penalty was increafed to lol. by ftat. 15. Car. 2. c. 7. {. 18. And becaufe this was not found fuf- ficient to reftrain the cultivation, it was further provided by ftat. 22. & 23. Car. 2. c. 26. fe<5b. 2. that conftables fliould fearch out and make pre- fcntment at the feflions, of all perfons who had planted tobacco> or were the immediate tenants of lands fo planted: fuch prefentment was, after filing, to be confidered as , a convidlion, unlefs upon notice thereof the party traverfed it at the next feflions. Conftables are authorifed, by war- rant from a juftice, to pluck up and deftroy all tobacco i and there is a penalty on conftables neg- leding to do this duty *. This ad is continued by (a) For the many proclamations about tobacco,whether im- porting or planting it, fee Chalmers's Political Annals, p. 1 29. by ftat. 5. aft of tonn is continue! In fuch plantations clufivc bcr which mad ordinate to of thr^e th cute themf find many i upon for cai The go\ thofc whofc Immedia gation., the charge to a fpecially to ; occafions ca upon the re been fuggef badoes were common foj port of Lo hibited hy ordered, the council, that commiflionci care to fee t which is to !i ' ,^r' '.:/•■• 12 CAR. IT. TO A. D. )T83. Piantatioa TrmU. ' SHIPPING AND NAVIGATION. by ftat. 5. Geo. i. c. 11. during fuch time as the aft of tonnage and poundage, ftat. 12. Car. 2. c.4. is continued, and no longer. In fuch manner was the trade to and from the plantations tied up, almoft for the fole and ex- . clufivc benefit of the mother-country. But laws which made the intereft of a whole people fub- ordinate to that of another refiding at the diftance of thrte thoufand miles, were not likely to cxe- •- cute themfelves very readily ; nor was it eafy to find many upon the fpot, who could be depended upon for carrying them into execution. The government was not flack in employing thofe whofe fcrvice they could readily command. Immediately after paffing the Ad: of Navi- gation, the lord admiral was ordered to give in charge to all the. commanders of the king's ihips fpccially to attend to the execution of. this aft. As occafions called for it, fimilar orders were made ' upon the reft of the king's ofiicers. It having been fuggefted, that divers fhips laden at iJar- badoes were gone to Holland, and that it was Ac'jofNsvjgt. common for the mips of Holland to bring to the port of London, and other ports, goods pro- hibited hy the act in Nollaiid-vcfselsy it was ordered, the 15th Auguft i66z («), by the privy council, that the lord treafurer fhouid dircft the commilTioners and farmers of the cuftoms to take care to fee the execution of that part of the aft - which is to prevent fliips loading in the piaata- t E 4 tiv-Mis fa) Council Rcglftcr. 1 I; I- 1 I ill; ' VI CAR. II. TO A. B. n83. Plantation Trade. '. i5S.(>iT «tTHE LAW 0?-'^^^%t^ tions going to foreign parts without ftrfl: touching in England. . ^^!jiy^ts:^J^^.ti.if-.-i-^^.*'^ We find the lords of the corhmittcc of coun- cil for the plantations wrote a circular letter on the 24th of June 1663 to the governors of the plantations,- calling upon them in very ilrong terms to do their part in enforcing the regulations of this law. It is there alledged, that perfons traded from Virginiat Marylandy and other plan- tations, both by fea and land, as well into the Monadoes (fo New-York was then called) and other plantations of the Hollanders, as into Spain, Venice J and Holland i which was occafioned by the neglefts of governors, in not taking a view of foreign-built fhips coming in, to fee if they had a certificate of their being made free j as alfo in not duly taking bond for carrying goods to Eng- land or Ireland, or to another Englilh plantation. Thefe bonds had not been regularly taken and . tranfmitted; and the governors were now com- manded to tranfmit twirr a-year a perfect account of all Ihips that loaded, and copies of all fuch bonds, on pain of the penalties inflicted by the"^ ad being enforced againft them j " it being," as the letter concludes, ^' his majefty's pleafufe, that this faid law be very ftriftly obferved, in regard it much concerneth the trade of his kingdom f «)." But the laws of navigation were nowhere dif- obeyed and contemned fo openly as in New Eng- land. The people of MalTachufetts Bay were . froni « (a) Chalmers Pol. An. *6o. ' ■t from the the moth raagiftrat cult to e the Engl colonial were fent Charles's temporifi thing to the Boffo lifli the ; Cqi\ 2. 2 fcrent pro of trade j king's cu the gener; for what 1 they denit pofition c the fame 1 jcds. T by the gei in purfuar for enforc the preaiT they had i jetty's plei they had jetty's pl< 1663, the knowledg( 4 :oun- er on )f the [Irong lations crfons •plan- :o the I) and Spain, led by iew of ey had alfo in )Eng- itation. :n and com- ccouht 1 fuch by the^ " as e, that regard ;re dif- V Eng- werc fron^ . ■f SHIPPING AND HAVieiATION. ^Dfe^'" -Vf=il from the firft difpofed to si£t, as if independent of the mother-country ; and having a governor and magiftrates of their own choice, it was very diffi' cult to enforce any regulations which came from the EngUfh parliament, and were adverfe to their colonial interefts. Their agents however, who were fent over to negociate their affairs with king Charles's minifters, knew too well the neceffity of temporifing, not to fubmit themfeives in every thing to the order of the privy council. "When the Boftoners were charged with refufing to pub- lifh the ftatute of frauds of the flat. 13. & 14. Car, 2. and flat. 25. Car. 2. and the king's dif- ferent proclamations for better obferving the afts of trade j and with imprifoning the officers of the king's cuftoms, and not fuffering them to plead the general ' iffue in aftions brought againft them for what was done in the execution of their duty ; they denied the charges, and maintained the dif- pofition of their principals to obey the laws, in the fame manner as the reft of his majefty's fub- jc6ts. They alledged as an inftance, an adl paffed by the general court of Bofton in the year 1676, in purfuance of one of his majerty's proclamations for enforcing thefe very Adts of Navigation -, in the preamble of which ad it was declared, that they had not before been advertilcd of his ma- jefty's pleafure. But to this it was replied, that they had long before been advertifcd'of his ma- jefty's pleafure herein from the circular Icttti- of 1663, the receipt of which circular letter was ac- knowledged in an ad paflTed by the general court in PART It 12 CAB. M. TO A.D. 1783. PlaHtation Trade, I' :Ui i 111 I: . I i ;.i I lit' ?l I V i: ; I' im "liii 5« PART II. ^— ->^ -^ Vi CAH. II. TO A. P. 1783. Plantation Trade. ■:.y^: /I .-••> THE LAW OP • ■ W;'r? ' " • ,• ■' ■ ■C" ■ in iS6^i and printed in 1672, and publicly known, and in every one's hands at the time of the de^ claratton made in the a6l of 1676. In minds fo tempered, obedience and difobediencc were much the fame thing, as to the interefts of the mother- country" (a.) ' . -r^X. But the regulations of thefe laws were received even by thofe colonifts who were attached to the fovcrcignty of the mother-country, with grudging and difcontent. The complaint made by Sir Wil- liam Berkeley, the governor of Virginia, in a letter of the 20th of June, 167 1, is conveyed in words very expreflive, and fignificant: " Mighty '* and deftruftivc have been the obftruftions to our trade and navigation by that fevere aft of parliament, which excludes us from having any commerce with any nation in Europe but our own, fo that we cannot add to our plantation " any commodity that grows out of it, as olivc- " trees, cotton, or vines: befidcs this, we can-" not procure any (kilful men for our own hopeful commodity of filk j dnd it is not lawful for us " to carry a pipe ftave^ or a bulhel of corn, to ** any place in Europe out of the king's domi- ** nions. If this were for his majefty's fervicc, '^ or the good of the fubjeft, we fhould not re- " pine, whatever were our fufFerings j but, on my ** foul, it is the contrary for both ; and this is the " caufe, why no fmall or great vefTels are built " here. For we are moft obedient to all laws, whilft («) Journal of the Committee for Trade. (( C( <( €t €C it "^ whilft 1 " tliem, a " leads th( " can be 1 " tranfpor " other ph Again, plained to 1 of trade ; trade is ne( this was dt to the mo laws hiving ifland, the j on a fubfei given was, being the f In fome i vailed upon laws. In tl Aft of Nav the niercha plaining tha cuftom-houi land all cc that the com boards, pipe the like grol where, and e ^"^•. ->,,-i-- ■ ■'fr tc €t €t S9 PAmr H. t'i CAR. H. TO A.D. 1783., Planiatiom Trarfr. , : ■' *r . - . ■■■.:■ .'. : ),l ■ ■ ' . - ' ' : • '-.y . r' ; SHIPPING AND NAVIGATION, " whilll the Ncw-England-men break through ** tliem, and trade to any. place that their intereft ** leads them to. I know of no improvement that can be made in trade, unlcfs we^had liberty to tranfport our pipe ftaves, timber, and corn, to ; other places befides the king's dominions (a).** . Again, in 1676 the ifland of Barbadoes com- plained to the committee of plantations of the ads of trade ai grievances, inafmuch " as a free trade is neceffary for fettling new colonies." But this was deemed a dangerous notion with regard to the mother-country. A relaxation of thofe laws hiving been urged by the agents Tor that ifland, the propofal was debated at the committee - on a fubfequent day, but rejedted : the reafon given was, *"•■ that they ought to be fupported, as being the fettled laws of the land C^ J." In fome inftances, however, the crown was pre- ActsofVariga- ., , i-r/-'ii • r \ f tion relaxed and vailed upon to diipenle with the execution of thefe dispensed *stb. laws. In the year immediately after pafling the Ad: of Navigation, a reprefentation was made by the merchants trading to New-England, com- plaining that bond was required of them at the cuftom-houfe, for bringing to England or Ire- land all commodities laden in New-England j that the commodities of that plantation we re ufiijiiy boards, pipe ftaves, and other timber, fifli, and the like grofs articles j all which fold better elfe- where, and enabled them to bring home the pro- ceeds ^<7^ Chalm. Pol. An. 327. (bjChaXm. Pol, An. 314. ^^nnFt V -! "?« ~ j J' : m If' 1 1 i'r 60 PART n. !'b ;/*. II. TO .r. 1183. Trade. -'■^■^^ ■ THE LAW OF ^^ '^C'"'; ;i|i-i:;^"': '- jcceds of fuch fales, which were of great value, from Spain and other parts j they therefore re- queftcd they might be permitted to continue this traffic. This requeft feemed fo reaBeabii" to ^he committee of privy council for th.^ .iffair.; of tbt plantations, that they ordered » on the i^tlt rS Feb. 1 66 1 (a), the lord treuuiier to authon;;^ the commiffioners and ofilcers or the cuiVoms i:o take bond only for j turning tiic proceeds of com- modities laden inNcw-England, and not to bind hen . up to return tie good:- In fyech% notwirhftanding the ciaufe in the Aft of Navigaaonj and i. :rs were to be written to the governors of that plantation • -v the ItRe effect. . In this procteding we may remark two in- il:?.nces of impropriety : in the firft place, the cuftom-ho^fe officers feem to have had no right to require fuch a bond, as is here complained of; the ciaufe in the A<51 of Navigat ion about plantation bonds applying only to the articles enumerated in the preceding fcftion : in the next jilace, by per- mitting, as was here done, the bond to be taken for bringing the proceeds only of all goods there laden, inftead of confining it to boards and the articles particularly mentioned by the merchants, the whole colony- fyftem was at once broken j for after this, not only the Nevv-Englanders night fend the enumerated commodities (if they pro- duced any) to any part of Europe, but the other plantations plantatic land, an of this < In point plaint, t through tempted to the j England appear h tinued in The to be coi produfti lumber till it w; be (hewf lumber pered wi Perhapjs the enui was fo g for not ii gence ev be made other art for fuch authority pofed to T^:f ?. fv) uucnt • I :j^\- ..•■"v: adminider it j and on complaint and SI and proof 1 by him apj credible wi( to take fuel Hngly negli is to be ren feit ^looo Various guarding agj export to ai content ourfi The offic colonies, unc c. 7 f. was c of the fiavai Tons in this fi Thefe perlbn the commiffic faithful pt rfo fodo, th ■ go their negleftj "th refpedl laid down by kingdom an Officers are and fearching recuring; aiid wharfs, lighte and other per: ing, or refcuir Penalties. O, '"d to be liab lion, conijivan PART II. . II. 10 A. D. M^i. Plant at ion Trade, < ♦ Sect. rtd b lat a£t lent re- ads: ftiall, take laufes, men- colo- Ihould lis oath king nplaint and II IPPINO AND NAVIGATION. and proof before the king, ( fuch as fhall be by him appointed, on the oatn of two or more i'^ca*' credible witnefles, that a governor has ncglefled to take fuch oath, or has been wittingly or wil- lingly negligent in doing his duty accordingly, he is to be removed from his government, and for- feit ^looo*. ' ', '. ;• Various other regulations were made for better guarding againft fraud in the detail of import and export to and from the colonies, which we may content ourfelves with Hating fhortly. The officer appointed by the governors in the colonies, under the authority of ftat. 15. Car. 2. c. 7 f. was commonly kn^ v^n there by the name t Sect, b of the naval officer. By the connivance of per- fons in this fituation many frauds were committed. Thefe perfons are now required to give fccurity to . the commiffioners of the cuftoms for the true and faithful performance of their duty j and until they fo do, tl governor is to be anfwerable for any of their negleds or mifdemeanors J. All the rules •':h refpedt to entering, lading, and difcharging, Idia down by ftat. 13. & 14. Car. 2. c. 1 1. for this jkingdu are to take place in the plantations, [officers .ire to have the fame powers for vifiting land fearching fhips, taking entries, feizing and fecuring ; and all wharfingers, owners of keys and wharfs, lightermen, bargemen, watermen, porters, ind other perfons affifting in conveying, conceal- ing, or refcuing goods, are made liable to the fame lenakies. Officers are to have the like affifl;ance, ind to be liable to the fame penalties for corrup- tion, connivance or concealment §. J^' To Suci. § Sect. 6. S';^ 1I (•■■'i' y,. H .'^yr ^d THE LAW Of PART II. 7>«*. • Sect. 8. ta h J I' I To explain a mifconccption of fhf meaning of uchi u.vt the duty laid by ftat. li. Car, a c. 7. on com- 4. n. 178:). ' , J ^ , t phnia/i.m Aioditics camcd trom one plantation to another, which tiic colonifts (ever eager to catch a pretence for freeing thcmfelves from the reftraint of the Navigation A6t) had conftrued to amount to a permiflion to carry fuch goods to any foreign mar- ket in Europe, it was declared, that fuch com- modities fhould not be laid on board, till fuch fe- curity was given, as is required by ftat. 12. Car. 2. c. 18. and ftat. 22. &; 23. Car. 2. c. 26. to carry them to England, or fome of his majefty's plan* tations i and fo totlcs (juotiesy under the penalty mentioned in thofe acls * : which was in efFcft no more than a declaration of that, which the law- officers had pronounced to be the conftrucbion of the aft {a). It further declares, that all laws, bye-laws, ufages, or cuftoms, in practice in the plantations, contrary or in anywife repugnant to any law made, or to be made, relating to, and mentioning the plantations, ftiall be null and void f. To prevent obtruding falfe and counterfeit cer- tificates, whether of having given fecurity to bring home ladings of plantation goods, or of having difcharged fuch ladings in this kingdom, and alfo| cocquets and certificates of having taken in ladings! of European goods in England; the governors and cuftom-houfe officers, having realbnablc fuf. picion, may require fufficicnt fecurity for dif. charging! ' («) Sir William Jones's Opinion. Sect. 9. charging may fufp< given, till the matter of X500 i rafing, or turn, or p( according t c. 26. arc of known i and the cc eighteen it the goods "I The coi rifed to af plantations, ful. Upon tion or expc of- England plantations ; they were 2 admiralty J, law, or in iflands, are jcdts of Eng Pcrfons havi, trafts of Jan patent, ihall other than Wales, or. licence of Ji council, firft ngof corn- other, itcncc Df the t to a 1 mar- com- ch fc- ^ar. 2. » carry s plan* penalty Feft no le law- lion of T-laws, tations, r made, ing the elt cer- o bring I having and alfol ladings )vernors | blc fuf. tor dif- :harging PART II. II. TO fianliitu n Tmk. t S ct. IJ. SHIPPING AMD NAVIGATION. charging the plantation lading in England, and may fufpcnd the vacating of the fccurity there ^*J given, till they arc informed from England, that the matter of the certificate is true : and a penalty of JC ^00 is impofed on any pcrfon counterfeiting, rafing, or falfifying any coccjuet, certificate, re- turn, or permit*. Bonds taken in the plantations ♦ Sect, lo according to the direftions of ftat. 22. &c 23. Ca?'. ;i. c. 26. are to have fufiicient fureties named therein of known refidence and ability in the plantations; and the condition is to be, for producing within eighteen months the certificate of having landed the goods f. The commiflioners of the trcafury are autho- rifed to appoint officers of the ruftoms in the plantations, as often as to thcjn f.iall feem need- ful. Upon juries in'caufes of unlawful importa- tion or exportation, there fhall be none but natives of- England or Ireland, or perfons born in the plantations ; a correftivc of fo little force, that they were at length obliged to inftitute courts of admiralty J. All places of trull in the courts of ; s law, or in what relates to the trcafury of the iflands, are to be in the hands of native-born fub- jcdls of England or Ireland, or of the faid iflands §. ^ Sect. 12. Perfons having right to property in any iflands, or tra(5ls of land in America, by charter, or letters patent, fliall not alien, or difpofc of the fame, ^ other tiian to natural-born fubjefts of England, Wales, or. the town of Berwick, without the licence of his majefl:y, fignified by an order in council, firft had. And better to fecurc the exe- F 2 cution *7 11. ill ^i! I •! ' li.!' ! if . 1 it 'Vi mi\ '■-.y ' I V U :i . vv- V 58 THE LAW OF ,<^K PART II. A. D. 1783. P untntion Trade, * Sect. 16. cution of the AAs of Navigation, which had been i2Ta«Tii7^ particularly lax in the proprietary governments, all governors nominated by perfons having a right to make fuch nominations are to be approved by his majefty, and fliall take the oaths enjoined by this and any other aft to be taken by governors or commanders in chief in the plantations, before entering upon their governments, under the penal- ties in fuch cafe provided *. Thus far with refpedt to the plantations, and the regulating of the trade while in thofe parts. When it arrived in Europe, it was left on the provifions of former laws j except only, that the enumerated commodities having, fometimes, been landed in Scotland and Ireland, in confequence of real or pretended ftrefs of weather, it was thought proper to declare, that fuch commodities fhoyld, on no pretence whatfoever, be landed in Scotland or Ireland f j but that in cafes where a fhip was ftranded by ftrefs of weather, or Ihould be driven by reafon of leakincfs, or other difability, into any port of Ireland, and not be able to proceed on her voyage, in fuch cafes only the merchan- dize might be permitted to be put on ihore, but fhould be delivered into the cuftody \^ the col- leftor of the cultoms, to remain there till they ihould, at the charge of the owner, be put on board fome other fhip, to be carried to fome port in England or Wales, or to the town of ^Berwick; the officer firft taking good and fufficicnt fecurity for the delivery of them according to the direc- tions of this act J. No provifion of the like fort was made as to Scotland. Such i Sect. 14. Sf-itt. »5. Such j and upon 3^5, the J this dayj i fubfcquent and refpedi were partic flantial alte This ad the houfe ( a fpecial ini to attend n plantation -la of the king enter into fee obeying the t-'e colonies in Provident cheir own go receptacles i on feveral illt king fhould in thofe plar fcrving fuch Ifrom the king fideration at jpurfued for ca With the K this and d iotty the Gov 'M': been lents, right tdby cd by ors or before penal- s, and parts. >n the lat the ;, been :nce of; hought fhoyld, Gotland lip was driven ■■'*■»- t^ SHIPPING AND NAVIGATION e regulations made ty. into Droceed erchan- re, but le col- li they put on me port erwickj ecurity direc- ike fort Such are tl and upon the footing nd^, the plantation-trade may be laid to Itand at this day j the variations that were made therein by fubfcqiient a6ls being exceptions in a few cafes, and refpefting certain articles of commerce that were particularly circumftanced, and not any fub- ftantial alteration of the fyftem. This adt was followed up by an addrefs from the houfe of lords to the throne, recommending a fpecial inftru.^ion to be given to the governors, to attend more ftridly to the obfervance of the plantation-laws j that where there was no governor of the king's appointment, the proprietors fhould enter into fecurity for their deputy r governors duly obeying the king's inftrudtions j and becaufe in t!^e colonies of Connefticut, Rhode Ifland, and in Providence Plantations, they annually chofe (heir own governors, and thofe places had become [receptacles for pirates, and for perfons carrying on feveral illegal trades, recommending,, that the [king ftiould take fpecial care that the governors thofe plantations fliould give fecurity for ob- Ifcrving fuch inftru(5tions as they fliovld receive from the king. This address was taken into con- Ifideration at the board of trade, and meafures were [purlued for carrying it into effect («). With the fame view of fecuring the execution lof this and the other A.d^s. of Trade and Naviga- Ition, the Government ioon after proceeded to in- Plantathn IVade. Such h \h 1 i' I' ^ F3 iHtute . \ {a) May 26, 1697. •..'■' 1 * " ■» f'', .V .-f»; I I I'' ■ 11; #1 Trade, *^*]"- , Ititutc courts of admiralty, and to appoint pcrions T2cAian.^ to the office of attorney-general in t(iof<;^ pl^P^^- PhMation tions, whcrc fuch courts and fuch officers, had never before been knowmj and frorp .th^ time there feems to have been a more general ob^tijgnce to the A6ls of Trade and Navigation; y * Soon after this a grand event topk pjfaicj/sij the plantation-trade : this was the leti:ing-in the ^pig- dom of Scotland to a participation in tKls, 'as well as in every other branch of EnglifV- tr;;de. By the fourth article of the Acb of Union flat. 5. ylfiiu c. 8. all the fubje6ls of the united king- dom of Great Britain are to have full freedoni and intercourfe of trade and navigation to and from any port or place within the united kingdom and the dominions and plantations thereunto , be- longing. The following are the fmall alterations which, from time to time, were made in the colony-fyf- tem. By flat. 3. &: 4. ^7m. c. 5. rice ; ■ d mo- laffes, that had grown to be i confiderablc article I of export to Europe, were put on the fame foot- ing as the articles enumerated in the A6t of Navi- gation, and in flat. 25. Car. 2. c. 7. and were] thenceforward to be brought to this kingdom un- der the like fecurities as in fuch cafe arc requiicd by the former a(fls *. The fame was done with| copper ore by flat. 8. Geo. 1. c. 18. fc6l. 22. On the other hand, in flat. j. and 4. Ann. c. 8.j the plantation-law was relaxed in favour of lincnu the manufaflure of Ireland. Thefe, as an Ku-j ropean manufaiflure, coyld not, fince flat, ij.l Ciiri * Sect. 12. Navigation Art re'axtd. Car. a from I but by may lac built fh of the tranfpoi trafHc VI manufad wearing exceptec nor of I the fhip. fhip is I fame ma ACAI great ob lina, it tliat any Great Bi fubjedls accord in( Great Br load rice any port ienr , Great H hands of thdt puij certifying tain othfi nufadture Truck. ■< . ■ , i \' ' : '' : '■' SHIPPING AND NAVIGATlbN; r '' . Car. 1. c. 7. b^ carried to the plantations but from England, Wales, or the town of Berwick ; '^"Y^sa but by diis a£b any native of England or Ireland ptantnuon may lade them in any port of Ireland, in Englifli- built Ihipping, whereof the mafterand three-fourths of the mariners at leaft are Englifh or Irilh, and Irish Linen. tranfport them to the plantations, and there freely trafHc with them *. But if any goods of woollen * ^«c' i* manufacture not laden in England (the neceflary wearing- apparel of the comrnander and mariners excepted), or linen goods not laden in England^ nor of the manufa6lure of Ireland, are found in the (hip, the goods and (hip are forfeited. Such fhip is liable to be vifited in the plantations in the f Sett. 2,3. fame manner as fliips from England f. .Again, the article of rice having become a «"=• great objeft of export in the province of Caro- lina, it was enafted, by flat. 3. Geo. 1. c. 28. tiiat any fubjedt of his majefty, in a fhip built in Great Britain, or belonging to any of his majefty'a fubjedls refiding in Great Britain, and navigated according to law, clearing outwards in any port in Great Britain for the province of Cirolina, might load rice in that province, and carry it direftly to any port of Europe fouchward of Cape Fi/iU- tene , the mafter, before he ckared out from Great Britain, firll taking a licence, under the hands of the comrtiiffipners of the cufi.'.m'^, for that purpofc, on the colkrdor ;rad comptroller rercifying that bond was given not to carry cer- tain other articles thf growth, produdllon, or ma- nufacture of any Britifli plantar' m, and that the i' 4 Jliip \\ II J.I' !:t r:' THE lAW OF i I'i CAR. IT. TO A. D. n83. Plantation T'o'ie, ♦ Sect. 2. ! 'f: '!■ i f^t fliip ftiould proceed direftly with the rice to fomc port of Europe fouthward of Cape Finisterre, and there land the fame*. . ,. * , ,'•1 '.*'■ * The liberty which had been given to export fait direftly from Europe to New England and Newfoundland by ftat. 15. Car. 2. c. 7. f. 7. was extended to Pennfylvania by ftat. 13. Geo, i. c. 5; and to New York by ftat. 3. Geo. 2. c. 12. Thefe liTiportations were to be in Britifh (hips manned and navigated according to law. All the northern parts of America had originally been compre- hended under the name of New England; but fince new provinces and colonies had been formed with diftind names, thefe afts had become ne- ccflTary. Again, by ftat. 2. Geo. 3. c. 24. the fame privilege was extended to the colony of Nova Scotia, and by ftat ^.Geo. 3. c. 19. (a) to Quebec. In the next fcfTion of parliament, an opening was given to communicate to Ireland part of the import trade from the colonies. This was done by ftat. 4. Grw. 2. c, 15. which recites, that cer- tain enumerated goods could not by law be carried but to feme other plantation, or to Great Britain j and that by ftat. 7. and 8. JVill. 3. c. 22. nogovis of the produce of the plantations coul(^ be put on iliore in Ireland, unlefs they had been firft \au6«A in England, Wales, or Berwick ; which law had bf(-'n conftrued to prohibit the import into that kingdom of goods )2ot enumerated, to the great prgudice of tJie plantatiofi- trade i and then ir ena6):^y {a) A temporary ?i&, laR continued by flat 43. Geo. f. c 29. ft'.'l 7. to 2.] June ilso8. rat^ ma: the faid af ' 'As the foi^itd^ ir G^Siga, ' tliti'e^ff'c ft^tiit^'jier dtcferedi I haVer^'that was pefmi nies to an colonies*, this privile America tc Georg^a> \ Carolina. The pri provinces i merited by fugars, the mtrce. A fimilar rela in their fa the preamh portation o increafed, and tfic CO. pf his maje Ml. i \ :?■ ',«■■ ■"."^'.^ . h- ' i 1 'V '^Nb " NAVIGATION. SHIPPING eh^^i, '"^Hait'^godds of the pljintatibns hot enume- ' rac^ mkjr be iahdcd in Ireland, notwithllanding the faid aft. By flat. 5. Geo. ii c. 9. it was declared, tfif^'^'flibiild give no permiffion to import hops fkrh tihe plantations; ^^ '^f'^''^ ^^^ '^ •'°^'^' -^ •''As the lower part of South Carolina had been foi^idMntb' a feparate province by the name of Gihvgia, it was doubted, Whether the inhabitants th^ei'f-'cohtihiicd to enjoy the benefits of the ftdtii*^'j)ermitting the carrying of rice direftly to an'y^Jy^H! of Europe ? To remove this doubt it was dtchredj by ftat. 8. Geo. 2. c. 19. that they Ihould hkVc^^ Wiat privilege,* By ftat. 4. Geo, 3. c. 27. it was permitted alfo to carry rice from thcfe colo- nics to any part of America fouthward of thefe colonies*. And by ftat. 5. Geo. 3. c. 45. fedt. 19, ♦ scct, 1. this privilege of carrying rice from any place in America to the fouthward of South Carolina and Georgia^ was extended t;o the colony of North Carolina^' ' '» • TkE privilege which had been granted to thefe Sugar, provinces in the article of rice, was thought to be merited by the Weft India iflands with regard to fugars, their grand article of culture and of com- merce. Accordingly, by ftat. 12. Gto. 2. c. 30. a fimilar relaxation of the plantation-laws was made in their^ favour, in a realbnable expeftation, lays the preamble of the a6l, that the produce and ex- portation of this article would be thereby greatly increafed, for the mutual benefit of this kingdom and'cric colonies. It is enabled, that any fubjeft wf his majefcy, in any fliip or veflel built in Great Britain ^t h t\ I': ).,, i;- ' II'' \ '■' • - ' - ■ 1 ' .\i:.i in,''. THE LAW OF -r' •■"'•' Britain, and navigated according to law, and be- TiTA^ii.To longing to any of his majefty's fubjcdls, of which I'taritatioH thc majoT pait fhall be rcfiding in Great Britain, and the refidue cither in Great Britain or in fomc ' of his majefty's fugar colonies in America (which property is to be verified on oath), that fliall clear outwards in any port of Great Britain for any of the faid colonies, may load there any fugar of the growth, produce, or manufaflure of thofe colonics, and carry it fron^ thence to any foreign part in Europe, provided a licence be firft taken out for that purpofc uiider thc hands of thc commiflioncrs of thc cuftoms at London orEc(in- ' burgh; •' ' ^'■-. ■■■''■- ■ • '■ ''-^--■' -:i ■■■■.' - The a6t contains a long detail of regulations for preventing thii> liberty of trading being con- verted to any illicit purpofc. The mafter is to tenter into bond, conditioned, among other things, that thc (hip Ihall proceed from Great Britain to the fugar colonics, there deliver the licence to thc colkdor, comptroller, and naval officer ; and ' . that, if he makes ufe of the liberty granted, no tobacco, molafles, ginger, cotton, wool, indigo, fuftic, or other dyeing-wood, tar, pitch, turpen- tine, hemp, mafts, yards, bow-fprits, copper ore, beaver' Ikins, or other furs, of the growth, pro- duvflion, or manufadlure of any Britifh plantation in America, be takt-n on board, unlcfs for the neccflary provifions of thc voyage ; and that wlien the iliip has delivered her lading in Europe, Ihc fhali remrn to Great Britain within eight months after fuch delivery, and before Ihe returns to any =» s«ct.:». of the plantations*. Sliips fo licenced are to touch .i-^ touch a cence h in writii to load thc fout he may parts ol prefent houfe d< againft i This fe6t. 5. ( Britain^ privileg( promifif: was fbu^ in difapf har been pofe, an to Haml mother-c they no^ By fta teen mor tation bo landed a^ tioned, taken in ftat. 15. ( taken in landed in (sj The ; i'^^.V; ; SHIPPING AND NAVIGATION. touch at fome port in Great Britain, or their li- cence becomes void j unlefs the mafter declares in writing in the colony, that the fugars he intends to load are to be carried to fome port or place to the fouthward of Cape Finisterre ; in which cafe he may proceed thither diredtly. Thefe are the parts of the aft that are fufficient to anfwer our prefent purpofe, the reft being a leries of cuftom- houfe detail for fecuring the execution of the aft againft fraud. This permiflion was by ftat. 15. Geo. 2. c. 33. fedl. 5. extended to all fhips belonging to Great Britain, and navigated according to law. But this privilege, which was reprefented at the time as promifing great advantage to the colonies, and was Ibught by them with great earneftnefs, ended in difappointment. It appears that only one liccDCC har been granted at the cuftom-'houfe for this pur- pofe, and tliat cargo, it is believed, was carried to Hamburgh. The merchants found that the mother-country was the beft market for fugar, and they no longer defired any other (a). By ftat. 7. & 8. JVilL 3. c. 22. the time of eigh- teen months was limited in the condition of plan- tation bonds for producing a certiBcate of having landed and difcharged the goods riierein men- tioned. This regarded only fuch bonds as were taken in the plantations. It was enabled, by ftat. 15. Geo. 2. c. 31. that in plantation bonds taken in England, with refpcd: to goods to be landed in Great Britain^^ there fhall be a condition H c»n. II. Tfl[. A, ». 1183. Pitmtaiiort to (a) The ai^s were repealed by ftjit. 34. Geo. 3. ch. 42. f. 7. I I! ■ I ■ I Hi ii/i; fi. I i in ! '•I ''■) I . . 1 HI: "^ ii"! J I ! THE LAW or "■"fo/r \1 CAR. II. TO A.D. nso. J'lanlation Trade, » Sect. 4. American Acts, Stat. 4. Oo. 3. and 5. Geo. i3. to produce a certificate within eighteen months from the date thereof. This was not to extend to bonds given for Ihips lading rice at Carolina or Georgia, to be carried to Europe to the fouth of Cape FinUierrCy purfuant to flat. 3. Geo. 2. c. 28. j nor for Ihips lading fugars ;n his majefty's fugar colonies, to be carried direftly to any foreign part of Europe, except Ireland^ purfuant to ftat. 12. Geo. 2. c. 30*. j<* w After the peace of 1763, the plantations in America, which had been the caufe and the great Hake in the war, naturally drew the attention of parliament. By ftat. 4. Geo. 3. c. 15. many regu- lations were made for better ordering the planta- tion-trade, as well with regard to duties as to the import and ex})ort, which comes within the fcopc of our enquiry. One of the grievances in the American trade was, that great quantities of foreign molafles and fyrups were clandeftinely run on fhore in the Bri- tiJli colonies. To prevent this, it was ordained, that bond Ihould be given in the like penalty as that refpeding enumerated goods required by ftat. 12. Car. 2. c. i3. at any port of the Britifh American colonies or plantations, with one furety, befides the mafter of the fliip taking on board goods not particularly enumerated in any of the foregoing afts, being the produft or manufafture of the faid colonies or plantations 3 with condition, that if any moJafles or fyrups, the produce of any plantations not under the dominion of his majefty, ftiall be laden on board, the fame (hall be brought without 11 V- 8HIPPIN0 AND NAVIGATION. It PART II. V2 CAR, II. TO A. D. 1783. Planlat'mn Tiatk. t Sect. 24. without fraud or wilful diminution by that fhip^to fome of his majefty's colonies or plantations in America, or to fome port in Great Britain, and that the maftcr on his arrival fhall make a juft and true report of all -^f. goods laden on board. All goods laden on bo;.rd before fuch bond given, are to be forfeited, together with the fhip*. The * Sect. 23. mailer is alfo to take from the officer of the cuf- corns a certificate of having given fuch bond, to be delivered by him at the port where he dif- chargcs his lading f* ' Tirt next regulation was to add certain articles to thofc enumerated by former adls, and required to be brought only to the mother-country. Thus , coffee, pimento, cocoa-nuts, whale-fins, raw filk, hides and fkins, pot and pearl alhes, of the growth, produftion, or ipanufadlure of any Britilh colony or plantation in America, are to be imported di- redly from thence into this kingdom, or fome other Britifh colony or plantation, under the like fecurities and penalties as thofe provided by Hat. 1 2. Car, 2. Ci 18. and flat. 25. Car. 2. c. 7 f . Again, no iron, nor any fort A wood, com- monly called lumber, as fpecified in I'lit. 8. Geo. i. c. I2§. the growth, produ«ftion, or manufadure § fivt Sect. 2. of any Britifli colony or plantation in America, Ihall be loaden before bond given, with one furety, in double the value of the goods, -hat fuch goods Ihall not be landed in any other part of Europe except Great Britain |t . lT>was found that Britifh veflels, arriving from foreign parts at the out-ports of His kingdom^ ' - . fully Se-t. 21. 11 Sect. 28,' ;(ii ; I '( !■ i ■f ^ :'l!l jf 'i i:! ' if I II :!!'l * 1' -1 . ;,.| I ' 7« FART IT. \l CAK. II. TO A.D. nt)3. PlaiUnlion Truk. * Sea. JO. fiicct. .11. . .»>?"i i'.OVthe law or ■ ' ■ •/. ' .- fully or In part laden abroad with goods that w ' j^rctcnded to be dcftincd to fomc foreign planta- uon, frequently took on board fomc fmall parcels of goods which were entere<' utwards, and a cocquet and clearance were tlicreupon granted for fuch goods i but under cover of fuch clearance the wliole cargoes were landed in the Britifh Ame- rican dominions, contrary to the laws in force. To prevent this practice it was enadled, that no veflel fliould clear outwards for any of the domi- nions belonging to his majefty in America, unlefs the whole and entire cargo was, boiul Jidcy and without fraud, laden and (hipped in this king- dom*. An exception was made in favour of fuch ar- ticles as were permitted by former a£ls to be car- ried without landing in Great Britain j namely, fait laden in Europe for the fifheries in New England, Newfoundland, Pennfylvania, New York, and Nova Scotia, or any other place to which fait was allowed by law to be carried ; wines laden in the Madeiras of the .growth thereof j and wines of the growth of the wellern ifles, or Azores, aiid laden there ; and horfes, viduals, or linen cloth, of and from Ireland f. ' . - Many provifions were made in this adt to pre- vent illicit trade with the American colonies. Amongft others, it was thought advifeable, for better fecuring the due execution of flat. 1 2. Car. i. c. 1 8. and ftat. 7. ft 8. IVilL 3. to fubjeft veffels to feizure that were found hovering within two leagues of the ftiore, in a fimilar manner as had ^ been been orda K^s rclpc( Ireland *^; The pr in this u The provifion made refpcfting iron and lumber in this ad, was altered in the next fellion. By ftat. 5. Geo. 3. c. 45. fuch iron may '^e cariied to Ireland, and fuch lumber may be carried to the Madeirasi, or the weftern iflcs ca ' the / 'ores, or to any .part of Europe foutnw m 'apv !Fj- nisterrct upon bond being giv be landed there, and not in ai., Europe, except Great Britain, to ^ b on producing certificates of their Undedf. In order to flop the illicit trade carried on through the Lie of Man, it was provided by ftat. 5. Geo. 3. c.39. that no rum or other fpirits fhould be ihipped in any Eritifh plantation in in America, but on condition tliat they fhould not be landed in the IQe of Man, under tlie like fecu- rities and penalties as thofe provided in ftat. 12. Car. 2,c. 1 8. and ftat. 25. Car. 2. c. 7 J. Another regulation about plantation bonds was made by ftat. 6. Geo. 3. c. 52. in order more efFedually to prevent the enumerated goods being privately carried from the colonies into fo- reign parts of Europe, in veflels that clear out with non-enumerated goods, as weli as to prevent the clandeftine importation of foreign European goods into rhe colonies. Bond is to be given in the colonies, with one furety befides the mafter of the ftiip that fliall take on board non-enumerated goods ; Sect. 5. •'.: i.Vi *^.r. IMAGE EVALUATION TEST TARGET (MT-3) ^/ '^"4^4^, 1.0 1.1 :!^ U£ 12.0 12.2 iJ& 1.25 IIU III 1.6 = II ^s= iiiii^ ^ 6" > s ^ '/ Photographic Scifflices Corporation 33 WIST MAIN STRliT WIBSTiR.N.Y. I45M (716) 873-4503 ^ ^c^ "k^ ^ pS v^ ::. \ ?f f ik Vart ii ■C^'7 or OVlllKiJ;. .».^«*.k good?, with qohdition^ tfiktfiich goods -IbsH ^Pt -^ ::,juk-aa-^Dfe Iwdea at any part of ^-uropc to t^t tm^ytmi ^S^' orC^peFmisierre: cxecjitinj^tBl^l^ * ^v ' to tJrodwce a <:crrificatc of hu^ gpoc^in^at Brttdin widiin eighteen months, and in an^^ . colony in America within iix monthsl un^M-^Ae* hands and feals of the colieftor ana ^comptrpU^i*^ ' or other principal officcV of the cuftpnjj^ i ah|^^,ifny . other place where the fame may be legally .larded, the like ' certificate, Within twelve months, JuVde r the common feal of the chief magifate, of U;^dj?x the hands and fekls of two known Bri^illfi merchants > refiding there. T^e bond may ^Ifo be difcharged on proof, upon oath, that th? goods were takeii by enemies, or perifhed in the fea. , If any\ non- ,.. enumerated goods are laden on board witihoiit fuch bond firft given, the goods and Ihip are for- feited. Thefe provifions are not to extend to vef- / . fels bonA Jide bound to fome of the ports, of ♦Sect. 30, 31. Spain widiin the Bay of Biicay *. _ #^ ~ ";.:^ It was foon found, that the condition of this ; " bond not to land fuch non-enumerated, goods in :<'.::i%'- :■ any part of Europe to the north of Cape Finif- / r. terre, except in Great Britain, would throw Ire- r lartd put of the import trade that had been given .y^ ^^ by ftat. 4. Geo. 2. c. 15. It was therefore en- acted, by flat. 7. Geo. 3. c. 2. that fuch bonds might be djfcharged by the certificate of the principal officer of the euftoms at any port in Ireland, tcftifying the landing of fuch goods there, in the fame manner as if they had been landed in Great Britain. ■' ;-Ais •;■;.-■ ,'•■' '.. .'••'■, ' " 'A CON. i*. i. gu^ i: ' '■ ;/*'s4: ..>!•■ t >*, ■ .-' " -- y ,« ^ /, ' '.x» , -^.:,f, A COK had ^htd between d was cpntri far as it 1 thic the g expreiifyd with partic It was t txft trafSc, under certa ryingthis i ing particu exportation led to the By this a6k and comnj the growth tion in^An majcfty, m Prince kupi Do?nimca, ginger, rto] Kingfton, S Santa Luriaj foreign cola foreign flo6 having more feverdl prov port of vari / , ill apt charged iy\ non- wit;ljDut arc for- I to vcf- porcs of ^this :oods in Finif- ow Ire- n given lore en- bonds of the port in s there, nded in A CON- 1*2 CAR. II. T* A.B. 1783;. ■Plantaticn IVtde. IHIPPIKO AMD KAVIOATION. , A coDTRABAMD trade of a yery lucrative kind had dwsjrs been parried on in the Weft Indies between the Spanifli^ and Engliih colonifts. This was contrary to the bws of both nations ; but, as. far as it related to ourfelves, it had been con- liiVed at; and We Rave feen, in Charles II. 's reign, thiie the govemoris were, bjrah order in council, expre^fy dir^^ed to< permit Spanifh fhips to coine wkh particular ardcles of commerce (a). It was now refolvcd to legitimate this clandef- ti|ie traflic, and to put it upon a footing of law, under certain regulations. The beft way of car- rying this into execution feemed to be, by open- ing particular ports for the free importation and eitportation of certs^ fpecified articles; and this led to the iVec-if'orr Act, ftat. 6. Geo. 3. c. 49. Jj^.'^^'J''**'**^ I By this a£k liyef Cstttle,' and all manner of goods . '^/'^ and commodities Whatlbever (except tobacco), -; j^ the growth or produce 6f any colony or planta- 1I? tion in ^America, not under the dominion of his >• v^ ■ majefty, might be imported into the ports of j ,. i^.S^ Prince kupert*l^ay, andRofeau in the ifland of i v v - Womimca, and (except fugars, coffee, pimento,' ; : .; ;^ ginger, n^olalTes, ^nd tobacco} into the ports of v ' Kingfton, Savannah la Mar, Montego Bay, ?ind ,, ■" /' v Santa Lucia, in the iHand of Jamaicat from any V foreign colony or plantadon in America, in any . .' / Iforeign floOp, fchooner, or other veflel, not ' Ihaving more than one deck *. The a6t contained ♦ se«t»i, 2. \ pverll provifions concerning the import and ex- port of various articles, all calculated to guard ;,t:.. this .j» 1 {aj Vid. nm. p. 6z. ' -.»:;-.,/ ' ■\- '. ' ^ J -. ► /. r ! .' .. .! %', '■^■ V:'- $2 tAm II. THE LAW or ' this ^pmaious trade froipr h.cii)g m&ic i^jffievos Piaittation Trade. « Sect. 1,2. ^V^p^'vm" °^ infringing the reft of th^ pl^l^tion-fjtifeftti a^^^ injuring the revenue. :*^^ iaut \Va$ cbntinlicd by ftafi i^^C?©?. i. C^ 41. and afterwar^dsV by ftat. ai. ^eo;^,- ^« 9^. i| was con- tinued fo far Q^y as related to tiie free ports i|i Jiniaica, thofexw Dpminicaljeing intended be ihut. Upon this footing i-ctnaincdlhe free ports till the ftat. lyyOeo. j^ was paiflTed, which repealed this a6t, and made other regtilatio^s that contain nearly the whole of the prefco^ 14w<.qn that Tub* jcft. ., ^ ^ , •■v.:,i:f ■.;■■. ■ ';.■. The filhcry carried on from Guernfey and Jer- (cy to Newfouaidland contributed to make a fort of direct commerce between thd*e iflands\ and the American plantations,, which w^ contrary to ftat. 15. Car. 1. but which it was thought proper now to authorize in certain particulars. For this purpofe it was enacted by ftat. 9. Geo,, 3. c. 28. that any fort of craft, Cloaithing, or other goods, the growth or manufacture of Great Britain, or of tliofe iflands, and food or " ^uals being the growth or produce of .Great .an, Ireland, or thofe illands, may be tranfportcd from thofe iflands to Newfoundland, or any other Britifti colony where the fiflicry is carried on, the fame being neccf- fary for the fifticry, or the mariners, or perfons employed therein, notwithftanding,ftat. 15. Car, 2, c. 7. Such aiticlcs are to be properly certifi- cated *, Again, the cxem,ption from the bond required by ftat. 6. Geo. 3. which had been conceded to ■;:' - ^■-.-■y-' h:: ■ ' Ireland 'Cr - ;/;;■,.,■ J. Ireland by thefc iflai]i( meratcd g( Guernlc] ana fecurir Guernfey a be difcHar^ feals' of the kf or 'Ofpitx cuftoms*. The laft during this in 4' very p lantf, by alle export of c< the-Britilh j mchts beilor Africa, Th ordains, thai kingdom o^ Britifh plant: or into any c BHtain on tl that may law any goods, produce oc n len manufaft faftures of a hops, gunpg ilfo all good ■•% i.\ .12 CAR. II. TO A. b. WW. ' ' }'lantaticri Trade. * Sect. 3* "K'-k:--:' SHIPPING AND NAVIGATION. Ireland .bjjj'. il^ 7. Geo. 3. was now coQce^Jed; to thcfe iflar^dsj jjt >sis; cnaafted, that any non-enu- meratied goods (ctccpt rum) m?)f be land(?d in Guemlcjr >i^,,jjcrfcy„. It provkiesi ;^al ftal* 6. Creo. 1. c. <2, ' jroduce or manufacture of Ireland (wool and wool- ,> lien manufa<^ure, in all its branches, cotton manu- |fa6tures of all forts, mixed or unmixed, hats, glafs, bps, gunpowder, and coals, only excepted), and .; ' »lfo all goods and commodities of the growth, pro- > . J; ^ w. I "' 5* V ' G2 . duce, ^;-t'S':,i^"' ^* H \ ■ ^ PART 11. . , Tirade, fSect. 3. $ Sect. 9. •'•'»■• ducc, or mamifefturc of Great ]5^^ft,^wfeiis}i Wf Seen, or which may Be,; legacy •%|^^^^ thVhce into the kingdom of Irelaml> w(K>iii;n ^^^^^ faf^u^e in all its branches and gl«i*s e^ptq^'u^ Prdper cuftom-houfe provifionB s^rc ma4o^ (byji^'^ quiring certificates and invoices toialcertai^.thc^ portatio'n to be conformable to the aft t« ji tn iri* This permifllon was not to allow thet^tj]^ from Ireland of foreign linens, whether t^y w^fi white or brqwn, or painted, ftainfd, or (jyed, i^ Ireland^; nor to allow the export of parriroi^^ flit-iron, rolled, plated, or tinned, por of a^y fi^^ of manufaAured iroil-wares, until a duty of 2I. |(^^ per ton on fuch bar-iron, of 3I. ^s. iid.Jri(|i_pfi*' ton on fuch flit, rolled, plated, or tinned ^fpnj. and manufadtured iron-wares exported from Irelandv^to 'f 7V fuch colonies or plantations and fettlemeots, lhi^v4^ r,o t ii.r ^^ impofed by fome a6t of parliament to be madi^ f Sect. 4. in' Ireland §i nor to allow the export of fuch iron, or iron- wares, during the continuance of any bounty or premium granted in Ireland on It Sect. 5. fuch exportation!. No cotton manufafturcs. mixed or unmixed, are to be exported from Ire- land to the plantations or fettlements, unlefs the exporter produce a certificate from the cuftom* houfe of fome port in Great Britain, particularizing the quantities, kinds, and marks thereof, and fpc< "'^- cifying that they have been legally exported from f Sect. 6. Great Britain, under pain of forfeiting the famef . Iw addition to the reftriftion on iron and iron- wares, another of a general nature was made, to guard all Bricilh manufactures from being under- • ' ., ■ . ..-' .^'.vV- ■ • -', .4- ■ ^ ' -5-.. ' (old. i a\ t I '':..• . S •' ■,^■• *^Jv ;-' , ' ' ti- f"t 1 v^.l IHIPPINO AMD NAVIGATION. i^-^ifS ii^\ fcwo'^cc^uiitrfes with fomc fort of equality. The is< car. ir i ••>««? r»iir«i^ ^*H by this aft to export goods and «ii^/j^,,; Z m^cih^^sje' the manufa^ure of Ireland is not to ^^**' take^^Iac^e, Bvit In cafes where they ftand charge^ iG^^'^yo^^pa^ dOtics and taxes to as great an amount, pg6oM and draw fcciirities Britain ; 1 and draw and allow or the pa Britain, c by bblmt any fiich thence to the Jmpor be not ej brahc^ of on them ^ tain •i an hereafter I Great Brit the Irilh p; 'export is t( dar month of the Irilh be fitdng ai calendar m be, made, i fit; and in then for foii ^he next fol HOWEVB have no inf import fron i^.Geo, 3,' Thb fchi was carried SHIPPI»rO AND NAVIGATION. h PART II. .12 CAR, II. T» Trade. and draw-'backs, and welt made fubjcft to the fame fcciirititsi regulations^ and fcftriftiom, as in Great Britain ; and in the confideration of fuch equal duties arid draw- backs due attention is to be given to, and allowance made for, any duty or impofitioh, or the part of it which fliall be retained in Great Britjiin, or not drawn back, or not compenfatcd by b^ty in Great Britain, upon the export of ••! any ftich goods, wares, or merchandize, from thence to Ireland: as alfo for any duty paid on -, . the importation of them into Ireland, fo as they ','-'.. be not exported from Ireland with Icfs incum- ' ;* brahc^ of duties or impofitions, than ifhall remain on them when legally exported frpm Great Bri- tain ♦i' and, with a view to changes that might * sect. 2. hereafter be made, if any alteration is made jn , , Great Britain in fuch duties or draw-backs, when * \, .the Irifh parliament is not fitting, the import and 'export is to continue in the old ftate for fourcalen- i dar months after the meeting of the next fcflion . of the Irifh parliament. If the Irifh parliament fhall befitting at the time, then it is to continue for foiir calendar months from the time the alteration fhall bc^made, in cafe the Irifh parliament fhall fo Ic .; fit } and in cafe it fhall be prorogued or difTolved, then ibr foiir calendar months after the meeting of the next following feffion f. t iSec». 5. HowEVBR, the reflriftions of this ad were to have no influence to reftr^n any liberty given to import from, or export to, the colonies, by flat. i^.Geo, 3, c, 55, or any other aft of parliament J. j sek «. The fcheme of trade thus offered to Ireland was carried into execution by the parliament of ■ G4 . ■:*;';;. that I «« THl LAW>0# A.i>. nss. Sw*. .^ il' "».•. M !>. '■^ . -i -.A v^ FA^Tiv that kiqg<)(Hn» which paired an oA impoTing^tims on the import, ponTormaUjr. with thoTc in Greit Briuin. But the equalising the. du.tie» with xclfep- ence to the dm\v-backsi alloiwed in Great Britain, in order to the export of Eoropean goodi^^ "vtas^an affair of nice calculation, whkh theparliattient thought it neceflary to delegate to thet officr''^'- • •J .. .' II .. , y .»-^,. i-«s-r cedingjuitt tbeODlnniei befnUuie, i jhdcalcula iB)d~lri0i:il •;?0ii>thc< trheteino hekl jDot't paying's la WRsprejofi o£^th9cond O0^r^d.wa9 the Londo psQper pre mlpnt. Sq qoportunit) :j^ifled in h required; \ be made, $ proper aft /iich negoti ments of t^ to a profpe fuch a mcd the watch i hashappen( traftipg pai nized the grantee, ai fignified in propofal H '.'■ '. IHIPPINOAirO NAVIGATION. H Afn. lite. ■■V>iK:-.'.'.V'^;*.-^A. . .N • >» ' ..■.>«f. ccifihgibinite, tt) the iiiip«ii or ejcpdtt tbide(iW«ft J}'^f}l tfaecokmies in any pat^ular aiticle IClM a ftvzxxrt WmiAci and can a^Qpuit exatifloe aii^ compartf, jndcalculittc the dilirici and drawbacks in the Britifh imdrlriOi'ftatutc-bookil ^ - .»w m • :?ON>the octafionof the corn aft, ftar. 31. Gfo. ^. lyhereinofi^rof an advantageous c6rn trade was hekl jDut ' to the Irifh, on the condition of their 'pafiing>i law wfth certain provinons, a better mode wasprejStfibed for fcCuring the exa£^ performance o£'the condition on their part. For the trade there O0^r^d was not to take place, till it wa^ notiiied in the London Gazette, that fuch a law, with all ipvQp^r provifions, was palTcd by the Irifti parlia- .'Hi^nc Sq thait the executive government had an opportunity firft to fatisfy itfelf, whether the aft -pafled "in Ireland was fuch as the Briiifh parliament !tiequired i and if it was not, no notihcation would be made, Hhd the trade woiild not commence till a proper aft: was palfed. It does not feem, that /uch negotiations and treaties between the parlia- ments of the two kingdoms can well be conduftcd to a profperous iffue, without the intervention of fuch a nnediating authority, which is always upon the watch for the common proteftion of both. It has happened, that, onfimilar occafions, the con- traftipg party, which makes the grant, has recog* nized the performance of the condition by the grantee, and ratified it by a public acceptance, fignified in an aft oif the Legiflature. Thus, tl>e propofal in ftat. 26. Geo. 3. c. 60. to alloyr to Ifilh fhips the privileges of Britifh (hips, as foon I :'t r, # w?i:t TruAt, ■ ^-^ \ . THM LAW Or as fimilar regylatloni were, made on that head by t^ cA*-j|^ T^ the Irilh parliament, was plainly earned into efiefl iHanMktn ^y thc parliament declaring next ieflioii, in flat. 27. Geo. 3. c. 19. that fuch regulations had paflcd into a law in Ireland, and that Irifh fhtpa were accord- ingly entitled to the privileges prOpofedi but, furely, as long as conditional regulations, like the prcfent, are left as thefe are, theoe is fomeching unHnifhed and uncertain in the tranfaAion ; and it is not eafy to fay, what is aAually the ftate of the law between the two kingdoms. ■ - ■ We cannot clofe this period of our plantation- hiftory without noticing the meafures taken by parliament for chaftifing the rebellious colonies, by Hrd restraining their trade, and then wholly prohibiting it. . The firft of thefe meafures was fiat. 14. Geo, 2. c. 1 9. which difcontinued the landing and (hipping of goods at the town and harbour of Boilon. A power was thereby lodged in his majefty, upon the reftoration of peace, and obedience to the laws, and upon fitisfadion being made to the Eaft-India Company for the teas that had been deftroyed, to open the portofBofton, and limit the extent of it, as he (hould judge expedient. But that time did not arrive; for, inftead of peace, and obedience to the laws, the combina- tions and diforders there increafed, and the parlia- ment thought it neceffary to pafs ftat. 15. Geo, 3. c. 10. for restraining the trade and commerce of the provinces of MalTachufetts B^iy, and New- Hamplhire; and the colonies of Connedlicut ^nd Rhode I- Seiitraining and prohibitory Acts. Rhodc-lO( \vhich a^ Ck 18. 6r du^, or n to be bro Great-3riti 0iould hav any other j or manu& ported or c territory^ other than iflands in ^ny goods linen, clothj land impot inipoPted i ^Qtthonu ricd diredl hinder the BritiOi iflar the produG) law be in\ prohibited places fron as we fhall By ftat. was put on 1 Pcnnfylvan rolira, Tl to be carrii vifo refpevhich aA no goods enumerated in flat. 12. Car. 3. Ck 18. 6r any other ad, being the growth, pro- du^, or maoufadlure of thofe places, which were to be brought to fomc other Britilh colony, or Great- 9ritai^i, ,nor any fuch enumerated goods as ibould have been brought into thofe places, nor any pther goods whatfoever, the growth, produd, or manu&fture of thofe places, ihould be tranf- ported or .carried from thence to any land, idand, territory^ dbminion, port, or place whatfoever, othec.than to Great Britain, or fome of the Britiili iflands in the Weil Indies* ; and no wine, falc, or finy goods whatfoever (except horfes, victual, and linen clothi the produce and manufadurc of Ire- land imported, diredVly from thence), were to be imported into thofe places, unlefs fuch goods, were ^0/^ fide fhipped in Great Britain, and car- ried diredly from thence f. But diis was not to t Sect. 4. hinder the importation into thofe places from the Britifli iflands in the Weft Indies of fuch goods, the produce or manufafturc thereof, as might by law be imported from thence J. The ad alfo TScci. 5. prohibited at>folutely fliips belonging to thofe places from going to the fifheries in thofe parts, as we fliall fee in its proper place. , By ftat. 15. Geo. 3. c. 18. the fame rcftrainf was put on the trade of the colonies of New-Jcrfey, Pennfylvania, Maryland, Virginia, and South-Ca- rolira. There was the fame prohibition of goods to be carried to thofe colonies, and the fame pro- vifo refpeding imports from, the Weft-Indies. 9» '"s/\ -No ^'f \i •SsH.iii 1^ r^of thofe counties*} which was intended Tor prclvetlt'^ ing the trade of New J^rfcy, Penniyivani^i'itfid Virginia, being carried on through thofe i^t^h- ^ ties.' . .' TifE following year was paffed ftat» 16. Gthi^, .^ c. 5. (or prohibiting all trade and inteitoiirfb iwith the: provinces and colonies that had been put under . restraint by the two former aftis, and adding to them the three lower counties on Delaware, and the colonies of North-Carolina and Geoi^ia, which, were all pronounced to be in a ftatc of re- bellion. The aft ordains, that all trade and^tom- merce with thofe places (hould be prohibited, and ^- all Ihips and vefTels belonging to the! inhabitants thereof, together with their cargoes, and' all other Ihips and veffels whatfoever, together with their cargoes, which (hould be found trading, or going to trade, or coming from trading in any port or place of thofe colonies, (hould be ifbrfeited, as if they were (hips and efFcds of open, enemies f* In all thefe aifls powers were given to the king to fufpend their execution^ as foon as any of the colonies (hould return to obedience; By this a6t the three former afts, namely, ftati 14. Geo. 3. c. 29.. ftat. 15. Geo, 3. c. 10. & c. 18. were rc- > become unne( HiH fSeet 1. pealed, this ad. iceiTary pafTing mr^r-iti'^ • ^'•>.;A^ For r •" , . -A!' Fon car the lords Smi'J* Ge vaxe (hips, contrary to forementio l^li^Uting cowrfc wer Geo, 3. c. 7 'Having this period come now, to con(ider the decifion fpr; afcertair forcing thei for^ are ver cdUlrts, and only to on< what is not pcrly an ob by thefe law Thus it foundland ¥ being a Frei was owned ported htti ftat. 7. and I from any co h-b'uil( (h Sir Thomai afmuch as 1 ■■t. ■--T. Counties INaAvfi laxKleehiu prevent- lii^^'ttfid irfe mth ut under dding to ire, and Seorgia, 5 of re- nd^'tom- ted, and labitantis all other th their )r going port or :d} as if imies t» king to of the this aA Geo. 3. ere re- iflTmg of FoK SHIPPING AND NAyiGATIOir. filmM'mt 2WI*; i!^'] For carrying On the war againit the colonies the lords of the admiralty "were empowered by mcmlVu.^ (l[0|U/i7i Geo. 3. c. 7. to grant commiiiions to pri- vate /hips, to make prize of all VefTcls trading contrary to the provilibns of ftat. 16. Geo. 3. be- fore mentioned, fo that the whole of the laws now ^Mifting agoinft the American trade and inter- coprfe were ftat. 16. Geo, 3. c. 5. and flat. 17. Crcb. 3. c. 7* . 't' :' ,^- : ■■'•;:^..-;' HaVino gone through the ftatutes made within this period for regulating the plantation-trade, we come now, according to the plan before laid down, to confider fuch matter as has been furnidied by ' '^ the deciTions of courts, or the opinions of lawyers, for afcertaining the meaning of thefe laws, or en- forcing their execution. But the materials of this for^ are very^Canty. There are no decidons of ■ ^ coitfts, and the opinions that are preferved go only to one fingle point, namely, What is, or wh«ttCoiony what is not fuch a jror^ i^'*;; possession, as is pro- perly an objefi of the different regulations made by theie laws. Th us it became a queftion, Whether New- NewfoundUnJ. foundland was a colony or plantation ? A fhip, being a French prize, but not legally condemned, was owned and manned by Englilh, and had im- ported fifh and oil from Newfoundland ; but by ftat. 7. and 8. fVill. 3. no importation can be made from any colony or plantation except in an £ng- \\^'buitt fhip. This importation was thought by Sir Thomas Trevor to be againfl that flatute, in- - afmuch as the fhip, was not condemned in fome / court '^f^M^ '!* *^„' . '^i v,». }SCAR. H. TO A.D. 1183. Plantation. Truck. ^ THE LAW OF cotirt of admiralty { but Sir John Hatiiles, in in opinion he gave on the fame point, was more explicit. He fays, he (hould have thought New- foundland was neither a colony jior a plantation belonging to his majcfty, having nO fettleid go- vernor there, nor the king pretending to any do- minion therein, as he could be informed Of j tjiit fince ftat. 15. Car. 2. c. 7. and 1^, Car.'i,tVj\ reckoned Newfoundland among his IVIajefty's plan- tations, he thought this fhip being a prize, tho' not legally condemned, and having been trading between Englahd and Newfoundland, was forfeited by ftar. 7. and 8. IF ill. ^. c. 22 (a). Whatever doubt there might then have been of the king's- fovereignty in that ifland, there could be 'none after the treaty of Utrecht, by which the k iog of Great Britain was acknowledged to have the do- minion and fovereignty of that ifland. From that time ic unqueftionably belonged to his majefty, and there could be no doubt ' but refpedling the defcription of pofleflions under which it Ihould be claffed i and a notion Ipng prevailed, that this ifland, being ufed merely for the fiftiery, was not a colony or plantation. Yet this queftion was never raifed but it was anfwered, tha: this ifland was to all intents a colony and plantation. Thus when beaver-flvins, which are required by fl:at. 8. Geo. i. c. 15. f. 24. if the produce of a Britifli plantationy to be brought directly to to this kingdom, were carried from Newfouhdland ' SH round by Gi to be fprfciti had not beer as well as cat Again, 1) dablifh, ar c made'-a quei plantation, o ihe board of uid confornii cuftoins were he authority )oies duties ( va^ plantaL yere certainlj jteiy been r idicy pf the tot planting pal defign prginia, or a hat policy \ laving been Vrchants adv las been conf ptions conccri nd Plantation art of Ameri Some dout hlon?/y or- pi pother doubt tv round («) 24th of January, 1698. ■«*■-•- S>,' '- *i PlanUitioi^ Trutk. SHIPPING AND NAVlGATIOl^. ; ^9$ I round by Gibr- ^^r, they were held by Mr. JVilles , ^'^RT^"- ^ lobe fbrfeitct v)? which could hot be, if they, ucaiuh. to I' .'' ■' AD 1783 Ihad not been tht produce of a Britilh plantation^ |as well as carried round by Gibraltar. Again/ when k was in agitation, in 1764, to kllablilh, » cuftom-houfe in Newfoundland, it was |inade''a queftion. Whether it was a coloriy, or plantation, or a mere fiftiery ? But it was held by |lhe board of trade to be ai colony> and plantation ; id conformably with that opinion the duties of puftoms were ordered to be received there, under lie authority of flat. 4. Geo.^. c. 15. which im- pofcs duties on goods imported into the colonies : plantations in America. Thefc. opinions yere certainly right j for although that place has ateiy been regarded only as a filhery, and the licy of the government has long been to pre- bot planting and coloiiization there, yet the ori- pnal deiign was to plant that idand, as well as Virginia, or any other part of America : and after bat policy was changed, yet the firft charters [aving been granted as well to planters as to ncrchants adventurers, the intereft of the planters [as been confidcred, more or lefs, in all the regu- ations concerning that iflandj and the term Planter d Plantation is known there, as well as in any art of America, or the Weft-Indies. Some doubts .concerning the defcriptions of donijy or- plantation^ have been coupled with nother doubt? namely. Whether the colony, or . , ^. ' plantation, '^'> («) 29th of May, 1 7|$y. M- ; V;';,iii' -M THE LAW OF plantation, if it were one, was a territorjr which ^iTnSaT* *^^o"g«d to his majcfty ? Thcfc points we^ depends on the fadl: of the Company havmg a territorial property in Surat. And with regard to that point, it appears from their charters, that Surat, as to the territorial H, :.,.-: right "^■t* ■ >T> <:.,% ««i "-^'' '.#.*'i. .:d' ■x •'■•v.y'c'. ■11 ■ *.:> V;?": H-^ :ll: A.h: 1789; '-< V*" ft-.- thi? fanite light v^ith Bdmi^y kfctf;-irhith^Uvdci. !>«*. gy vjjj^ charter of jufticC, of ihic aith fyililP of ., Gforgc II. all dvil, crimina]; ' iuid ttiilkary pow^r .' V is given to the Company, as well iiii the ftlbti*iiii r f ' ' natc faftories, of which 5ii/'«l^i« onc-j'As'iiA'ilbt /^. ifland of Bombay itfelf. The indeniui*c 'er/^iajidi this ^feji^tlA ,i > cafe atSurat} that the territory roUfld' the ^holfej ■ , ' city of Surat is nominally held bydie- Cdnjpaftyj t as governors for the Mogul, but that this grani was made after the Company had pbfleffcd them ' ', felvcs of it by force. Upon this ftatement of &fh| ' . it was judged by the law-officers, that this waij fuch a plantation or colony as entitled the Ihip . built there to a regifter («). A VERY particular queftion refpefting the king's ■ (■ '. fovcreignty and poffcflion arofe on the occafion of the ifland of Guadaloupc being taken from the Fre^ich in 1759. It was doubted. Whether this .'*.'■ -"^■Mplfi4^. Wi ■ ifland tyed privil( hardly comf that0lyc(5lic •.iif*-i ■-'*^^ ':& ly^ . .(«)• «0 September 1785. lii ^i/' ■r*'-. ffcmtt Mtiihtif, ^HlliPIN9.-ANA NAVIGATION. i?Q«S5ssioNv\wiitIjkW die floeaning of the AA of Nat je£w««» yig9(i,i '.^i-fJjHf ^torney^general («) laid, thdt notwith- ^gQ^ng the advantageous terms granted to the in- | jiftbBfa^itss «hcy were di^rmed, and in a ftate of;^; ^j^^ion ta,tis mijefty's troops. All new com* pyr^)i5t^l^i0^nj^w^^^ to be taken under his majefty, and vtitle himl it^tat^^j^f ji^ice were to run in his name» He rritory ftfl :Va3i»n t^pal; poffeflion of all the public revcniles j %; pi«tiide«l^iiali theoprade of the ifland had changed its>;^';:; is '^ud*|;^Wil^> pafling now in Englifh bottoms only 4;o k'hc%holfel'Owat Britain. AH this being confidered, hp Compaftyl f^wght. himfelf obliged to conclude, that this lis graitti i^^i^ ^^ now a plantation belonging to his ma- /. "V ■4.V y: t rt. cd them- \i of fafts this wai the (hip the king's occafion fromtht ether this ifland j^fty, and in his pofTeiTion, in right of the, crown 9f England; and that it was an Englif|i and Britilh plantation within the meaning and intent of the Ads of Navigation. The great objeAion to this opinion arofe from the condition of the then inhabitants, who en- joyed privileges under the articles of capitulation hardly compatible with the ftate of fubjcdts. But that objedtion^ in his mind, had no great weight, H2 if ttiit ■ *r t:- \\ I ?>?'.' •<•;-:. (ii) MnPrattt .i?N-.-~^' \i.l 1 ; *! - ^ '■M--r^- ik jD .' » i^f lO^i TH8 LAW Of ,^^'^^', i( itwas confiidcrcd, that tHefe were perfonal pri- ^fS*!%n^ ^»^f8c^> and were confined only to the pixfent in- h^itants, who were reilKuned.ffom'altenacirvg ti6 any but the king's fubje^s j .and the tapituIaCio!!' was made not with the French king^ but only >Yid^ the inhabitants. ' ^ib /r' . « The right of fovei:cignty, therefore, was whciUy changed, and the whole ifland Was the king's ac*' . quifition by conqueft. If any inhabitant Ihould die without heir, his lands would efcheat to the V king J if any of them ihould levy wai", or plot the : king's death, they \.x)uld be guilty of high-trea« fon ; and, to illuftrate this further, t;o Englishmen, ,the ifland, without any further treaty | or capitulation, would become wholly Englifh. .. The inhabitants plainly . underftood themfeJvcs transferred to his majefty's dominion; and there- ^rc had ftipulated for the likf? privileges in tnide as were allowed to the' reft of his majeftyfs Tub* jiCds } and this was graii;^d, with a provifo, that ^. , they corpplied with the Afts of Trade. In a word, tkfi condition of flibjedfs might, be better or worfcl indl&re^t parts, bu& here the queftion was about th$^(bv^reignty, and it had nothing to do with the , , privileges which his majefty had been pleafed to| ^^ grant the natives (a). j . Th£ folicitor-gcneral (b) obferved, that the Aft I o? Navigation, aftd the fubfcquent a£^s, feftrrred , not only to the plantations aiid territories l^pjong- !^- C*^ JJ A«««ft «759^ . j^l^f,;)[fnj^ ^. l;"."l*r'»"-.> .-. , >■.«.>*< my- -m: \ 4?.i:. ■ifei- imh' («) xjAuguft 1759, Africa, (i) ai February 1764. '■j.M;tr:^!.r ,1- ,-< . SHIPPING AKD NAVIGATION. • i01i< ing to, or in the prtflJJfllon of the crown at thai '^j^]^^, time, bur to future acquifitions; and he thoughV w c»? ». ri^ . the pra^ftice that had been obfcrvcd with regard to' Fianaffhi'' St. Chriftopher*s on a former occafion to be in point. That lOand had been taken poiTefTion of by tlie French and Englifli jointly, in the year' 156116. About the year I 68l^ the French drove thcEi^rilh entirely off the ifland. In the year i^i^j' or thereabouts, the Enghlh recovered the , ifiand, and had entire polTeflTion of it, till it was at tettgth- ceded to Great Britain by the treaty of • Utrecht.' It appeai*edbythe'cuftom-houfe'bookSi T ' that-fugars ihiported froip thence into Great Bri- tain, after the year i^^o, and before the treilty- ofiiUtrecht, had paid the (lyne dqty^as fug^s* ■■' froin the Bntith plantadons, without ^lilin^uifhing : > between the antient French an4 EngUih divilioni.- of :tbe ifland (rt). , ; ',^^'"; Cue European goods'that ^erc on the ifland bfc' Ouadaloiipe ^t t-he time^itwas taken, were deemed^ ' by Sir Fieteha^ Nortp»^by, not to b^ fuch a«t T I could be imported from thence int:p agy of thti '■ Britilh iflands in the Weft Indies, as tKcy hadnoff >;; been fhipped and laden in (jfreat Britaia; am{ there^ |^ fore fuch importation Would have been direftly jagainft ftat. 15. Cai\ a. c^y. ri;^H*vn^ Though thefe caf^s throw Tome light -^5^=^ Ithis fubjefl, there are ftill difficulties remaining^ . Iwhich dcferve confideration. ': y *■ ^ '-^a^^^?^- I'?' Th« foreign poffcffions of this country, in Afia, ^x irl !!■! ,^'l * ■"jyv.*-; -»uV 4 r iMH'JIIf* TiMrAk. II. TO ^, D. 178J. rr-<"'" ;-3?^ THE LA^ O?^ .n6miriatcd in the fame manner Wihe^ fb'fi^gdfi^g ^(fts. Thus, in the A£^ of l^aVigadon, iTe^Vf, they arc fpokcn pf as lands y islands , f>la}it^ti6ii'.^j or territories \ in ft.dl. 18. tlie enunf^r'at^ti ^ri^s are not to be carried but to fome other Eh^Ilft plantation. In ftat, 13. & 14. Cflr^'k. 'tr.'i'if. fcft. 6. fliips muft be built in the WrtJ*^ i/o;^i>^im in Afid, Africa, or America; and perfons' oiP titip king's plantations are declared id 'be EnglilfK, within the meaning of the Aft of Navigation. In ftat. 7. & 8. IVill.2;. c. 2i. the terms ufcd ire moftly colonics qnd plantations j and fometittles I plantation only. This aft recites, that th^ 'go. vernors pf the cofdnics or planfdtfons w^rd, by ftat. 12. Ca?\ 2. c. 18. obliged to take ati oath' J whereas in the aft it is the governor^ of 'lands, islands f plantations, or /err//or?e>,' withotft any mention of colonies. This aft of William III. is| intituled. For Preventing Frauds^ and liegu- la ting Abuses in the Planta^iop Trade. When different expreffions are ufed id the I fame aft of parliament, it cannot be^belieVed blit that different things are meant. Thus in thati claufe of the Aft of Navigation which was in- tended for confining- to the mother-country the! 'V , trade of our foreign pofleffions, the parliament made ufe of the term plantation only, and dropped! the terms lands, islands, and territories, which had been ufed in other parts of the aft. It lliouldl feem as if the parliament looked upon planta- tionSf and upon fuch as were lands, islands, ani\ Vj •vi' {■: .Hit* tcrrh ,:», VVt .' cti. .■;i^n ■#. Trudh ■y •■: . SHIPPINO. AND JTAVIOAtlON. tet^ritarUi, in a diflTetont. light; and that tlie 'fi^r- jptr owing their origin, advancement, and Aip- iSumTiwv porjE, to (he money and men which paflfcil irbm ^ptantaHofi tjijs cpwntry, Tt was fair to require, that the benefit whlph iT^fuJi^ed froit) the application of thofe means ^9^4, return tp^ and center in, the parent- (late : ^^i fs to oel^er lands, or iflands, or territories, llho^Mgli belonging to the king, if they had not de- pvi^ ft:pm this country thap fort of creation, cul- ^i-vutioi^, and foftcring, which would make them plantfttifynif there did not exift the fame claim p oblige them to, fend their produce to this king- d^rn. Whatever may have been the reafoning that governed in rnaking the diftin£tion, the dif^ tinction is certainly made ; and, no doubt, made with fome deHgn, and is not to be afcribed to any inaecuracy in wording. ; • Hf l&vt ,\i the king poffeffes landst islands, and Uriritorm, in Afia, Africa, and America, which are not plantations, there grows a material dif- ference in' what we have all sdong been calling the plantation- trade; for it will be found, that many reilri^ions are laid only ubon what are called plant at ians ; and fuch dominions as do not coi^e under that denomination are. clearly exempted from thofe rell:ri<5lions. Thus the whole of ftat. 7. & 8. JVill.2' is applicable only io plantations, or at lead to colonies -, which, as far as coricefhs the prefcnt queftion, may be confidcred as the fame jhing. The prohibition, therefore, in that ftatute, which forbids any but Bnti{h-built 0iips trading to ^he colonies or plantations, docs not H4 ,^, , , ;: reach f ■ f ., "M' 9"- '"II ■'■Jf^ .1' '1 ' >i '1 ti 'M • . • qrHf LAW -Of ■• ^ fiiacli thofis lands, iilaods, tcrriooricf) or^whatever w.An'iu.ii ot^WT dominions of the king;, chack in conftrudicNi fhkwfc/i ^ ^*^' """^ hiqjpcn not to be •deemed colonics ^^' or pUntaitioni ; all whjch may ftill'ie traded fojiby (hips Brhiih-owned^ under the fiflt clauie of the A6fc or Navigation. ., WHEri we fee this refplt ^m the foregoing feafoning, we aire anxious to difcover, how it will V . operate with regard tq the Britifh cdncerns in Afi? ' ^ Africa, and America. In glancing over the ff ' M .'5 ' ments on the coaft of Africa, the fcttlemcnr. c^ . (he Eaft-India Company in India, th< Chu trade, Nootka-Sound, and many other places, we fee tands and territories under very different circum- ftancesy and dependent upon political conTidera^ tions of infinite variety) refpe^ing fome of which •,*it muHt be^xceedjngly difHcult to deternune, whe- V ch^r.they aire within ftat. 7, & i»Jnil, 3. 9a*c§lo- ' nies or p(ant^ti$ns j or indeed, which is n. further V doubi:, tvhecher they: are Within any part of the A^ of Navigation, )as4ands,. iftands, or territories, to hi^ majefty belonging, or in his possession, •Thefe Jire q'lieftions of great iipportancc to the navigation-fyftem> and dcferve a ferious attention. As to the (erms colony and plantation, what- ever di^nflion may, at one tiipie, have been made between them, there fcems now to be none at ail. The word plant*. in- fi ft canic into ufc The plantation ^f U'-':' •• ^^ irginia» yi Mary- land, and other places, all implied the fame ide^ of introducing, inftituting, and eftablifhing, where cvcr^-thin§ \ya? defcrt bcforC» 0/<^''^ 4id not u- • .V)^ ■«?r/. » / m-^r-',^ ♦ V *>(. i lutev«r rufUon of the t rcgoinff tt will in Afi? V cffiJc ^- \enr. c<* 1. trade, wc fee circum- )nridera^ }f which nc, whc- I further t of the rritorics, ^session. c to the tntion. , what- cn made none at ,nto ufc Mary- itne ide^ ;, where did not come rt gHlfPlSO AHD JTAYIGATIOH. qomc ftmch into ufe tiii the reign of Charlefella F'Ait Tiiy and it feems CD l)ave dcnotcti rhc fort of political i#/«a».ji.i» relation m whicji fiich ^lantntiona Hood to fchi« *h^u< kingdom* Thus, the different parrs of New7£ng•!^ laadlwere, in a great mcaftirc, voluntary focietica, planted without the direction '>r participation o( fhed^ognih government ; fo that in the time of pharJts H. there were not wanting pcrfons who «r. rended to doubt of thfcir confticutional depend* . .upon, the crown of England; and it was ret {ismmcnded, in order to put an end to fiich ftou&ta, that the king fhpuld appoint governors, ^nd t» mH'e them colonies. A colony, therefore, might be conHdered as a plantation when it had atgdv'ernor and civil eftablifhmenc fMbo^dinate to the mothprvtcountry. AU the plantations in Ame* ricB, except thofe of New-England, had fuch an eftabliniment ; and tl^y wer^, upon that idea^ go* lorties as yrell as plaqtations. Thoic terms feem, aitcordingly, to be ufed without diflindtion in tKe ftacute 7. & 3. fHU. 3. and in thoft made aftetw wards. f.i > I. ii ■J -,v n ■> ' -■> '{^:'''-"^l ■■•i.*/i!''- V^'-' Vyl •fe CHAP, •f;.' ». i i. !. io$ fH% LA^yit Of! tr aV/OJ -f. ? CHAPTER II. :-.#f THE TRADE WITH ASIA, AtRICA, AND A To be carried on in English Shipping — and di- Vf? rectly with those Countries -^ Ej^ceptions T' •^^ X ■t. thereto'— -Persian Goods through liusitia--^ Coarse Callicoes — The East India Company — South Sea Company — Huron's Bay Com' pany'— African Company-— ^Fourth Section of the Navigation Act^Vhat is a Mant^ac^ taring— 'Of direct Importation-^Clf the usual Ports for Jirst Shipping-rOf returned Goods. PART II. li CAn. II. TO A. B. 17S3. Tfnde with Asin, Al'rirn, ^tui America, THE trade with Afiaj Africa, and America, was reftri<^cd by' the A-.-'v ■ , j. i , ■' S< bccu I 1 ,y i 'I U' „.,./•' I" ■' ■II $ i ! ; ji'^ , PAlttH. Vi CAR II A. D. It83; Thtde vfiih Atia, jp'fica, -«7hrf Mierka, •f- Sect. H. J Sect. 13, rrf.-' /*i«,/ •?.', ■ ;v! Or vA THE' 'lAW'-O^'-^iSq HU' .. been 5rA (htpipeci for trarii]po|>Udc^'4md,ifkml Aone !»' other pl^es or countries, umT^r p^tiultjr of lor- feiting the goods and (hip, with all her gunef^ fbivt. niture, ammunition, tackle, and appfiKJlfi'^ dhc ipoiety to thfc king, the other to the infoHtttSP*^? >t* To this regulationconccming the v^ai^«pbnii, it was thought nedcffary to fubjoirt prdirifo^i ih ik* vour of certain particular tradfcsj aiha(S43ifrt"dtihe jn the former aft. Nothing in this i^t^wasr to reftrain the importation of any/ coihmodkles of the Streights or Levant feas, ioaden iln ^ngHfh- built {hipping, and whereof the maikttM^ Chrec^ fourths of the mariners at Wait wertf Erigfiih, from the ufuai ports (^)or places for ladil%tkenk ehUre- tofore within the Streights Or L^viift^reasi thougiif the commodities were not of th^ Very-gr^i^th of thofe places t i ^i" thd iiiiportlng <»^ £al^ India commodities in EiigUfk-buik ihij^jig^iAd ^K^itt^ ^e mailer and chree*lbiilth$ of the marijif cither of them refpcftivcly* J which ♦Seit,i4. . pjrrfiW0IP% was, by a fubfequent ftatute(«), ex- . >, ,• tfii^d^d iot^'Ci^fes wheire, the property in the gooda 7 : i$p{^ri;!e4't>flpnged to aliens^ '^--^ V: -Sjj^Hfiffe. the, f rules laid down by the Aft of JJayigjiijiQn- i|or: the government of the trade to .. Al^4?s6fri!sa,"aad America : it w^ to be carried o^jTMfe .^fep^^fli fliipping, and direftly with the p^^s d^lispdithe- articles imported were j)roduced Q9:Q)f!nj>f§^ureds^ro that Englifh (hipping could i3*i*J?*'e()!;f|>rif|gthpfip articles -from any of the |or^!fiiA$'i;^^.^untries ifi;purope> or any of the plfta^tjjwj tP«l It h^d the famfrreffcft upon .Denmark, ... .,- Hamburgh, and other places, where any portion, of this circuitous traffic was to be found* '^i;! ,nn£l ?,: Ths principle laid down in the Aft of Nayiga,^ : :' tio?i for carrying on the trade with Afia, Africa^ af^d. America, has been ever fince prefcrved>ca*f tirt^*v Occafions have happened, where it was tiiought wife even to make the. reftriftion defer. > ' . ,-, , , . . V . - •. , '.■•■,- The ^ '•'•■ !:■ i. f ■■«' .">**-iiI f'T- i.. i h 3 ;;i and Atne.iea. '\t; If » Sect. 2. Exccpt-cns ^ Uiereto, CTli^ throwing of raw /iJk ^ i>eiiig' a, ^ igceat ; tm^ ^iJo-^im* P^oj^c^t i^ *h's country^ and jnucfe Afiatwifilk !rr«fe wtVA being d>rown in Italy, and then. \ impoftcdjhidier as a manufacture of that countrys, inibc^tiof :a produft of Afia imported in Engliflj. fhipping^ as it mull be if brought hither in arawftatc^uitjwas ordained, as the ad exprefles it»" for) better |]apir " porting the art of throwing filk in, iJiis^ajbmi ^* and the poor employed therein, land that ufeftd *' and national trade into Turkey,.' ' fey hix.,i^iM'Hl% t^' Mary, ft. i. c. 9. that the throwing > oft; fijjk fhould not be conftrued to be a manufa(9au'e within the A6b of Navigation ; and fo thrown iilk Jhould not be capable of being imported 6"om,:|ta|y^5,as as manufadture of that country, t.andfucchofi that no thrown silk of the growth, oc produjSi^u; oT I Turkey, Perfia, the Eaft Indies*, of Chin#y,<3*Qf| any other country or place (e;fcppc, that .OLf.tte growth or produflion of Italy, Sicily, or .th)t kingdom of Naples, and whiph fball be irppgrttd j in fuch (hips, and fo navigatedi as directed by the Ad of Navigation, and brought from fonrje of I the ports of thofe countries or places whereof it | :is the growth, or produdion, and Ihall .come di- redly by fca, and not otherwife) Ihall be im-l ported into England, Wales, Guernfey, Jcrfey, or the town of Berwick, on pain of forfeiting %h | throwii filk*.. . ;: ^'i . V"^ hei /rV^\/. ;trai" vi^rf^t- J NoTwiTHSTANpiNO this difpofitjoi) to fupport i the principle of the Ad of Navigation, exce.ptions begun to be made in favour of fome articles of coinincrce which it was thought fhould b£ pro- A""!*. ^^ i^i'.VI'fk''* SiJI*? >'. '"..curc^d ■■^•»Mf^ •■ i ■ r \ SHrPPINSCAlTD NAVIGATION. cored at any rate, or ivhich were no great bbje£)is in the light o£ navigation. Thus by ftat. y. Anm ci*. it waa permitted to import from any of the BrStifkipiiJntations in America, Jesuits barky Har- 5ttpnm{t^,b/ilsam of Fertt. 2ind TolUt and all other d/^gs of the growth and produdl of Ame% rip4 in ;fhipsr regularly manned and navigated, on paying i the fame duty, and no more, as if they weit imported directly from the place of their growth:;: which operated as a repeal of the claufe idUHe B(;»>k of Rates, alloY^ing to drugs (a) im- ported direftly from the place of their growth an eaferhent of two-thirds of the duty ; and in that lighti' "^ough a regulation of duty, it may be confidered as affifting the policy of the Aft of Navigation. ; This regulation had the efFed of en- couraging thd- trade between our Iflands and the Spaftilh fcttlements, where fuch drugs are pro- duced, . n^ AOAIN, by &Sit.6»;Geo, i. c. 14. the provlfo in the k 2th feftion of the Aft of Navigation was re- pealed as to the importation of raw silk and mohair yarn of the produft or manufafture of Afia, except only as to the ports or places in the Streights or Levant 'feas which are within the dominions of the Grand Seignior. We are told, that the woollen manufafture in France had gready increafed, and was now a confide rable ar- ticle of export into Turkey ; in return for which, raw fillc and other commodities were brought to Marfcilles, 12 CAR.:»(v v<;.y . ^ ' '.■••■■' . '■' '•^-: • "^-^ ■\ A- '''" ,, |Vi Ih 1*^ h'f »•■ li' ' r* m t ' <'.• 112 SHIPPING Attn NAVIOAtiON. '^^"T"- }4^\\\cs» and other ports of Fmncc, an?J cjuan- vs:*. S^caiJTi. t»' tti^s of it tHcncc imported into Italy, ^nd fo , .'- A.D. 1183. . ^- H , , -, « • . t 1 . 1 ■ 7>«fc»/rt Drought to Great Bntain; by which mfan? we ^AMff^'. were aiUfting in facilitating the French wppljcn trade, in prejudice to our own: it was thei^fpre meant that raVr filk and mohair of Afx^ fhoq|4 b^ brought only from the Turki(h dominions, a|j4„ j not from Italy, as it might Ijave been under tl? ; . ^ , ♦ sect. 1, Again, by- ftat. 6. Geo. 3. c. 52. f, 20. any ■•..1 ■■ '~'-'-"-'' ■'■ . , ■■■■',■'' •>>'' :■■ ■. •' .^ \.. (•t: >•-_•,; .- ^ ,.*>>. '■,-#-— '■ -v^-^. . '■'''M.''::'^ ''"^■.:-K^:ff.<[' it' -•. r •4 I'iji 1iy M ;,; J .af 1 H n ^: (■ ■'( I ?* if .11 1 ■*. ■•■ ■?■■ i( <..* , 114 TH« LAW or / t ^^^L'^ fort of cotton-wool may Ijc imported in BiiUifli- ^ " ^D^i'm** ^"^^^ ^'P* ^'■°'^ ^"y country of. place, dutyfree j A. 7Wi(fe rath Asia, /{frka, and America. iv:f- ,4 "" ■■ '- i '"^■.;'^^ N,.^ ■■ , f^. V •»/' . '4 '^*:«^ .- \ '. ■ ' '.v.' ^ ■■■ v.. ■ . ,1 "-.ji^ > «.•!:'■ ' • Jv.U • r - '■, ? •• ■ -'^ ■ .'". A >■ ■ - ' ■ . , ■ * - / > Of the ■Ra^t In- dia Company, '♦ Soct. 61. f Seat. 81. and in the fame manner goat-skins, raw or 4in- drefled, by ftat. 15. Geo. 3. c. 35. f. i, a. which was a temporary aft, but was continued^ and. ni^de perpetud by ftat. 3if>!vtl>::r"!' The firft ftatute in which the rights \of rthcl Eaft-India Company were adjufted is ftat. 9. & 10. //'7/?. 3. c. 44. and the trade is there afCgnedto be, into and from the Eaft-Indies, in the coun- tries and parts of Afia and Africa, and into andl from the iflan^s and ports, havens, cities, creeks,! towns, and places of Afia, Africa, and America,| or any of them beyond the Cape of BonO), Ei ran.za to the Streights of Magellan, where anjrj tride or traffic of merchandize is or may be ufcd[ or had *. Thefe places are not to be vifited, fre- quented, or haunted by any other of his majefty/sl fubjefts, under penalty of forfeiting the ftiip im cargo, and all the proceeds thereof f. Perfonil --■v^f:^i^.- . ><" . • trading! f3y^T;i s-f.f- ■¥*^ *?:^ *, fit 5 TIT tl. AU. II. TO- A. D. \16'X fHIPMNO Al4i> NAVlOATlbN. ti4dfrtgtd the Eaft-Indies-arc firft to give icCufity fcfr tatifihg all goods laden on their account in ^^^ Irtdik ttt be brought, without breaking bulk, to Trade -.dth foitit port of England or Wales, and there to be ^^!iVJ&. tinladen andpuc on land*. ♦ ♦scct.69. The penalty herein impofed was found not id^u^te to prevent the offence. Perfons ufed to '' » go in foreign fhips, and bring back goods to fo- - " • feign ports in Europe J foreign commiffions and. ' ,, pafles grew very commonly in ufe for this purpofe, . , and the Company, as well as the general trade and Ihipping of the country," fuffercd much from the interlopihg traders. It was intended by ftat. 5. Geo.i . c. 2 1 . to ftop this mifchicf, by giving ftronger powers for reftraining it. Thus", the Company may arrfcib all flich perfons, being fubjeds of his, majefty, and fend them to England f* Again, a f sect. 2. penalty of j£$oo. is impofed on all perfons pro- curing, foliciting, or afting under any commiflion, authority, or pafe, from any foreign power, to fail, go, or trade in or to the Eaft-Indies J, or within : Sect. 3. the before- mentioned limits. By a fubfcquent aft, namely, ftat. 7. Geo. 1: ft. I. c. 2%. no commodity of the growth, j)rodudl:, or maniifadlure of the Eaft-Indies, or other places beyond the Cape of Good Hope, contained in the patents of the Eaft-India Company, can be im- ported or carried into the kingdom of Ireland, the [ iflands of Jerfey, Guernfey, Alderney, Sark, or I Man, or into any lands, iflands, plantation, colony, territory, -or place to his majefty belonging, in I J^- ''■''■'' Afu:a '". e?.' .'-^ tyftij^sf; :r -y te'* -^ \'w-i ■ *■■: i!i! m ■ ':-J. ! rill • V y. / LAW or 11$ THE ^^^^ "• Africa or America, but fuchl only as fliall S^tUoH iac\ii. II. TO fide and without fraud (hipped in Great iBritain,' in Trwk with **^*P^ navigated according to law, under jjaui qt w!wS forfeiting the (hip and cargo *. A doubt Hiving arifen, whether mips belonging to the ^aft-Inclu Company could (Iriftly be coiifidcrcd as feritifl (hips, conlidering how many fprcigners were ^ro; prietors of the Company's ftock, this doubt was removed hy ftat. ai. G^o. 7. c. 6^. f. ihf''^' "^ /''^ ♦ SecU 9. f oirth Sea Cuoipany* \ „ The trade of great part of America waa e^- It •»>' %:■ '% clufively granted to the South-Sea Cojfipani/ It^ ftat. 9. Ann. c. 21. in the foUoving manner ;.*Thcv were to have the fole trade and traffic lnt6^iunto> and from all kingdoms, lands., countries, tiphjito- ries, idands, cities, towns, ports, havens, creetci, and places, of America, on the eail fide thereat, from the River Aramco to the fouthernmoft part of Jtrra del Fuego i and on the weft fide dlereof, from the fouthernnioft part of Terra del Fuego through the South Seas to the northernmoft part I of America j and into, unto, and from all countries, iflands, and places, within the faid limits, which were reputed to belong to the crown of Spain, or which (hould thereafter be found out or difco. vered within thofe limits, not excecdbig three hundred leagues from the continent of America, between the fouthernmoft part of Terra del FuegoA and the northernmoft part of America, on the weft fide thereof, (except the kingdom of Brazil^, anq fuch other places on the eaft fi^e of America m ^ffi^ ' „ were then in the adual poflefldon of the crown ()f ^^-,-^-.. . . Portugal,! ^^y I' %•?; '^:M- w. •«>- 'V i; \'^' ;•^.'-.: •"•S. 8HIPPIN6 Ailrt) NAVIGATION. J17 Portugal,, and the country of SuHnani, in poflTef^ .. ^^j^^"' . fibn of ttc Sutcs-Gcncral of the United Pro- 12cAi1.11.Tft yincesj ; as it Was declared by the act, not to be 7Va* wa j;)ie iritfcntion to make any grant of the trade to mdAm'i^Ji the |*<>rt^gucfe or Dutch fettlements, which was mil t^ remain open • j but other pcrfons vifitin^, ♦ Stct 46. .^ frequenting, trading, or trafficking, within the limits granted to the Company, are to forfeit Ihip : 'v* ! and cargo f. ts«c«'49- It was however provicicd, that the Company fhouli not fail beyond the fouthernmoft part of ;!,',' fert'adel Fuego, exctjpt only through the ^v . Strcights of Magellan, or round Terra del /we^o,* nor go from thence into any part of the './l-, Eaftf Indies, nor return to Great Britain, or any Other pilacc' in Eurbpe, i^fia, Africa, or Ame- ; ; rica, by any other way, except through the < ^trcights of Magellan, or by Terra del Fuego \ nor were the Company to trade,' traffick, or ad- venture in any goods of the rjrowth, produ^, or manufafture, of the Eaft Indies, Perfiai China, or any other places within the limits granted to the Eaft India Company j nor to fend jlriy fhip within the South-Stas, from Terra del Fuego to * / the northerhmoft part of America, dbovc three hundred leagues to the weft ward of and dittant from the Ihores of Chili, Peru, Mexico, CalifoJ-nia, ^, I or any other fhores of North or Soiich America contained between Terra del Fuego and the northernmoft part, of America, on p^in of for- feiting the fhip and cargo j. ♦ Sect. 58. All cxclufiYc trade to another part of America Hu.■ V V • f^^t-^ '.7.' ,' .:^L '^^■^V^T: ■M' I ifcv ■■*>: 1! ;ii 'i \l \ A: I r'H .r • - I was gfahttd In 1670 by ChaiJlesII. to the Go* vx cA«. ti.To ver/tor and Company of Athenturerg. of Eng- Trldt'..*/ land trading into Hudson\s Bay. They were jis,n,/\frirr,, j^ havC' thc fole tfadc Qnd commerce of and to end Amrhtti ' all the leas, bays, ftreights, creeks, lakes, rivers, and founds, in vvhatfoever latitude, that liewithin the entrance of the freight commonly called Hudfon's Streights, together with all thc lands, countries, and territories, upon the coalls of fuch feas, bays, and ftreighcs, which were then pof- fcflcd by any Englilh fubjefts, .or the fubjedh of any other Chriftian State, together with the fifh- ing of all forts of fifli, of whaler, fturgeon, and all other royal fifh, tcigcthcr with the rbyalty of the fca. But this exteinfivc Charted has not re-» ceivcd any parliamentiiry confirmation or fane- tion. ' - V *' In th©- ninth year of king William, the trade to a great portion of Africa was in the hands of the Itoyal African Company, which, under a Char- ter from Charles IL enjoyed an exclufive trade from the port of Sallce, in South Barbary, to thc Cape of Good Hope, both inclufive, with all the iflands near adjoining to thofe coafts. A new ar- rangement of this trade was made by ftat. 9. & •10. fVill. J. c. 26. by which the trade was opened between Cape Mount and the Cape of Good | Hope to all the king's ^ubjedls trading from Engi land and* th? plantations in America, upon paying a duty of ten per cent, ad valorem on all goods exported j and between Cape Blanco and Cape Mount, upon ^paying the like ten per cent. * /-i. yk 'Wr. ., i«^ ^m.r;^\ i SHIPFINO AND NAVIOATION. vahnm, together with an additional ten percent. ad vtilorem on all goods and merchandize im.- portcd into England or the plantations from the Coaft between Cape Blanco and Cape Mouni j with this ex eptionj that redwood was to pay five per cent, and negroes nothing at all. This a6b was to continue in force for thirteen years i and not being renewed, the whole trade reverted again to the exclufive claim of the Company. The African tracjp was put upon a new footing by ftat. 23. Geo. a, c. 31. which made it lawful for all the king's fubjeds freely to trade between the port of Sallec, in South Barbary, and the Cape of Good Hope. Thus was the trade taken out of the hands of the Royal African Company. The aA then goes on to provide, that all perfons trading to that Coaft between Cape Blanco and the Cape of Good Hope fhould be a body cor- porate, by tlie name of the Compatiy of Mer- chants trading to Africa j the admiflion to which Company was made very eafy, namely, by the payment only of forty Ihillings. The trade be- tween the port of Sallee and Cape Blanco was left open to all perfons whatfoeycr. By ftat. 25. Geo. 2. c. 40. all the forts, caftles, and faftories, on the Coaft, from the port of Sallee to the Cape of Good Hope, belonging to the Old Company, were transferred to and vefted in the New Company, . for the like purpofc of protefting and facilitating the trade. By. ftat. 4. Geo. 2- c. ao. the fort of Senegal^ lately ceded by France to Great-Britain, was in like manner vefted in the New Company. *»vyuA5' V ^ ^.^ ■ , I 4 - Ji// "■ ■■ In iJCA*. II. TU A. o. naa. Trade uiit/t Aiiu, 4fric0, and Amtrita. f <7 i - a: •X ■ t: I' ii l-l m i!' >i ii 1^1 [:ti!i !f i,'l >:.■ JScAK. II. ■rv\ A. t. , n^, Tradif zdth enXApwricu. ;1^ U( n ->■„ > • . .'■T' ■- > 4 . m: i^' 1 . ^, r i • .Im the followmg ytar a new policy^^ai^'ai* tempted. By ftat. 5. Geo. 3. c. 44. the ftat. 4, Geo. 3. c. 2D. concerning the fort of Senega)^; was repealed; and the Company were diyelbsd of all forts, fettlements, and fadories, {t6m the port of Sallee as far fouth as Cape liou^e inclufive, and the fartie were ve^ed in his majcfty. The trade to the territory fo veiled in his majcfty wa^ do* clared to be open to all the^ king's fubjefbs, and to jbe liable to no reguladqn but fuch as his majefty fhould think proper to make fur thp better -g rf^ ': ^'no» : c; 4 The trades carried on by the Ru$'sia atld Tur-T key Companies comprehend fome of the pro- duds of Alia, and have on that account a 6on- pedion with the fourth fc£tion of the A.; '■^:- VT '.../' i' '•'•*•:■* >«*afi?^v«»»»- 'm,j. . ■■^^ ^ ■— ' J-- .'.. ■m 'V. I \m%x u- •n''''-v '■■'^'''i^ ft:\ii)^ More Ai.. v: •%r*j -;t ^«) Harare*, 487. H i^- A^ ■-.Ulim.M'ji M::- ifrthc firft-phee, to confider thutriftd Jhen^go t^^^; on tofueh'points as arifc on the third fcdMon> ' <)>!? i^ic**. n. to . fln^thethtrd and fourth feftir^ns equally.' '/>«*:«<* JlKTHfeMWOFding of the fourth .fcftion of the A(*l fe£;j(2 lef Nflft^igation is fo general, that it was fuppofed by many to include All /bmifw goods or com* w; ,?'^,-' ^ * f»o«^/»€iy whatlbever> and not to be confined, ds ••>:;*£*« fti;is aow linderftood, to the goods arid conntiodi-^ -V^^^^. tiefr of Afia, Africa, and America. It is tfut. Fourth .ection ihis mifconception does not appear to have pre- tiU Artr*'?*'- , vailed with the courts, at leafl in any ccfe which . i; ,4 has come down to us i but it feems to have been fo conflrucd bj^ the law-'ofHccrs for fortie time, and ftill longer by the officers of the cuftoms. The foUowtng arc examples of the progref^ made in afcertaining the true meaning of th)l dflUfe. ; In 20. Cttv. a. an information w^s filed foi* Itftt porring Malaga wine in a rtiip nbt Englilh, nor Eng- jifh- navigated. It was objedbed, for the defendant, that this fedlion of the aft,' though general, was yet confined to the produfts of Afia, Africil, and America j for it related to the fedions that Wchi: before. The chief baron Hale is made by the Reporter to fay, that the fubfequcnt feftiotts might include Europe in fomc particular cJafeSi hut not in the case vow before us {a) j plainly intimating, that this feclion did not apply t6 the European trade, and that the claufes which did jipply to the European, trade did not make this . f^lc a caufe of forfcitur.'d, . 'i.V V*', j>H' if ^k m ■"'TSf •■ ..'Ib**^ ■ I ^»i^^,n-^^*iij„^ .^ ^„».i li r! *f~' "^"i ,.ll, •*•£ h\.l^ Jtia, Ajfita, mid Amertea. t♦■^ . -V 6y _ T H E , L AW ■ OF-Vl- '• T f^x.- HI-*.- ■'■V ■■''-f', ' More than twelve years after this> we find a ^i^'o^'nKi"* ^^^ ftatcd for the qpinion of the law-officers. Trade iriM which flicws, that the officers of ^he cuftoms ftill confidered this fe'6ti:on as affi:ding the European trade.' Some henip was imported from Holland! in an E!ngli(h ffiip, legally owned and navigated : but Holland was not the place of its growth; nor was it of the growth of Rtiffia or Mufcovy*)! but of Germany; neither was it any of the articles which are prohibited by the A<^ of Frauds, ftat. 13. & 14. Car. 2. from being imported from the Netherlands and Germany. It was anfwered, by Sir Robert Sawyer, that this hemp, being none of the particulars prohibited oy the Aft of Frauds to be brought from Holland, might be brought from\ thence in Englifh fhipping, and inras not within the claufe in the Aft of J^favigation, which prohibits ' goods being imported from any other placfe than that of thei** growth j by which he muft hai?e meant the fourth feftion. On the fame occafion Air. iTp^rtr^e fays, that he had confidered both the Aft of Navigation and Aft of Frauds, and alfo an ac^udged cafe in the exchequer, upon a fpecial verdift in the time of the lord chief baron Hale («) j and that he con- ceived hemp of the growth of Europe, but not of Ruffia, or Mufcovy, or the territories of that emperor, might be brought from Holland in Englifli fliipping duly navigated, though Hol- land was not the place of its growth, nor the port <.->iti.MJH'.v.. * ' , V,, ■--:.■ ''^^^'•.. ;; .,w ' where •< ■iU: •:-i 7 V' Sf '::l: 'A-r.'f («) Probably the tafe before cited from fiardreft; •■,,■' . . .'-• -■" - •.> ■ ■ ; : "; . , :^^ ' ,•^.._,;_.^•■:,- .h^l >■<; ■vV^?r-,,/;>;;::j^:" Y . ^4-ai, j-]Jrka, and Amtrita, SHIPPING AND NAVIGATION. where it could only, or ufually had becn> firft (hipped for tranfportation j for he thought that i-^ c*" »• to claufe in the Afl of Navigation extended not to ^uue ix-.ih the, goods in quellion^ which were European goods J and hemp is not one of the particulars prohibited in the Aft of Frauds from being im- ported from the Netherlands and Germany {a). Again, where an Englifh fhip laden with currants from Zante was taken prize, and carried into France, it was the opinion of Mr. Sorrier s (A), that with refpe6t only to the A6t of Navigation, they might be brought from France in any Eng- liih-built ihlp owned and manned by Englilh. BtrT the officers of the euftottis feem ftill to have entertained doubts upon the extent of this fc6lion i for in the year 1702 there were dated for ihe Qipinion oi Sir Edward Nor they two jnftances of Spanifh wine imported from Portugal, To both thefe he anfweredj that the fourth fedion of the A(5t of Navigation was -confined to the fec^. tions which went before, and applied only to the goods of Afia, Africa, and America j and that the produfts of Spain might be brought from 4 ortusrala t'rfyvvtr ?;'<••. iiT! -^ .■■^,~-'^.'-' "tVyir^ii/i^w-t; Some points of difficulty have arifen upon the words growth J production^ or manufacture, ufed in the firft, third, and fourth feftions of the A(5l of Navigation. It has been made a quef- tion, Wiiether fugar of the French plantations being im£orted into France, and there refined, the r' ,^.5i/ M: TJW^^ molalTes I; yr^-kl {a) 13 February 1781,^^ .'■ ^h) 6 March 1692-3. r i M s h i i I- m H ^1! \i •:\ I!' !^ f. ••>«.v? ' pArt II yvffffe wth Otd Americfi. '**i 'iti --^"■^^n^n^ LAW or molafles of thdfe fugafs cotild be itnpoitc(J fi^i» ^A^b^ft?* ^^igl^d gs a ttianufadlure of Frahf^ ? ^^^.j,% fucn. Whether they ceafed to be nibjc^t tf> t{\c prohibition, which thejr would be under, >yhUe merely a produdlion of Atnerica? When this point was put to the then attorney and fojicitor general, Mr. JVarde and Sir T, Pozv^fSp in, jfi^j, it was coniidercd by the former as a rjey^ qu^ftioo* well worthy of confideration ; yet it ieej^^d ;^P him, that the importing of fuch molajpTe^, frop^t France was againft the true intent and meaou?gfo( the words of the Aft of Navigation i fi>r th^^i^' parating of the fugars from the molaffes inFr^i^e, did not, in his conception, make the molaflcs i;o be fuch a manufacture of France (fmd 430, logger d commodity of the growth or ptoduciw^ of Anierica) as might be imported from France; for the molalTes ilill remained, in his opinion, a foreign material, even if the feparation had been in England ; and fo, be faid, it had been adjiBiged in a cafe ofBainbrig and Bala,, in th^ exchfflMcr, I upon a fpecial verdift (a). ' ' ' "*^*^ ' ^ • ■ 'The latter obferved, that it is a queftion of faft, rather than of law, what is properly a manufac- ture. This fugar was originally of the growth and produftiort of America, and fo was reftrained, primd faciei from being imported from any other place j and to make it a manufaflure of France, the onus prohandi lay upon the importer by the Aft of Frauds, flat. 13,. & 14, Car. 2. {a) ^arit h this cafe reported ? A • ■■-,t' '4.\ ■■/.' -' •V' '■•(>.. ■V<,.' Tfade with imd Amtriea. SHIPPING AND NAVIGATION. -v- Biit it did not feem to him, how this could pro- wrly be called a itianvfafture, fince the article IHITITt? was no way impfoyed, or altered in its nature by aJft"6i' labour, but remained the very fame it was befor^, ofljiy that, it was lep^wtcd fronv the part TiiE lame point being fubmitted to Mr. Roger iVby*VA, he entered into it more at length, and fuggt^cd the following confiderations, which he laid 'jo be fuch as would lead to develope and il- Mftrate the prefent queftion. Firft, Goods of the gi'OW^h t>f the Indies manufaftured in France, might be brought from thence -, as wrought filk, eitbjhetsj and Other articles. Secondly, If in the jjirbt-king of fuch manufaftures there was a refufe ik Wkftc, although the labour of man went to the fevtrirtg of it, and although it might have alfo fomci peculiar ufes^ yet that refufe or wafte was not properly a maqufadlure, but retained the rjuality of the original material, and could not be imported, as the manufadure of the place where the feparation was made. Of this fort was the wafte of filk, the chips or fliavihgs of wood, or the like. Thirdly, If a plain feparation was made, without any manufacture at all, the cafe was mprc clear j as the garble or fiftings of fpice, though it had a new name, and peculiar ufes, and was fevered by men's labour, yet it was (till, in the ftnfe of the aft, the production of the fpice country J and not the manufacture of the place where it was lifted. , ... ' . - , , In the prefcnt ckfe the queftion was, Whether v^^r^^' :^ a.mixturc ■■■ >• II! •I '■i, V f.v.J! "- '.'"., H lit ! I 3' Jl I wi^i : ■*,.: •J.; > .'l i A iiCAK. II. TO A.I>. 1783. Trade with ^ia, /Ifrira, and Amrica. • * - ''' '* a mixture of other materials, togetWr wifKTlong procefs of boiling, curing, and other labour ind operations neceflary for effefting fuch a feparation, fliould make the refufe, waftc, or dregs, to be a manufacture in the fenfe of this law, and Hot the goods of the original production ? And he thought it did not, for the following reafoni : ' No fugar is refined for the fake of molalfts, but the endeavour is, that all fhould tiirn into fugar, and no molafles at all be left j and fmci^ that cannot be, fuch are referVed for the iifcs of which they are capable, . but which would be better fup- plied by clear fugar. Secondly, To clear the fugar from tlie dregs or molafles, there is a necef- fity of diflblving in water, boiling, potting, clay^ ing, and the like, becaufe no induftry can other- wife efFe^t it j all which is done only for the fake of fugar, and as the means to feparate that from the dregs or molafles contained in it. Thirdly, If molafles could be feparated by hand-fieves, or the like, without all que (lion the dregs or molafles would not .be a mariufaclure of the place where this was performed j and fince this could not be, and the procefs of refining is for the fake of the fiigar only, it is to be confidered as the manufac- turing of thqti and not of the dregs or refufe. The molafl'es, therefore, themfelves were no manufacture, but only the waft:e, or refufe, or un- manufaftured part of fugar, feparated by, and con- fequential from, the operation of refining ; and therefore not like the cafes of feveral manufaftures out of the fame goods, as cordage and linen out '^^^:'V' ' ■ ' - '.»-^'--^?'"' ■ ' :■• of gationi notwithftanding the painting or ilaining rhem there. < »- ■■■ "■ -'^^■- " ': :-^''''' f-r ' Bu T where the manufafturing has wholly changed the original articles, it fhould feem the new com- modity fo produced may as well be brought from the .country where it is fo manufactured, as from iha plac,c of its growth, or produdion. It has, at; .- '% '■'■■'• % leaft m'- ■■vv A. It. 17SU. Ttmk witk Ana, Aff^f, '•lUf- I s »-li THE LAW Of X»,t*v,u| lead, been fo held in cafes of duties ; and the tea* fon, as to this pdint of conftruftion, fccms the fame Upc*. » queftioo of ns^vigation. Thus Vermillion is ^ manufadlure of quick- (ilver, made by a chemical proccfs of calf^^injng, l^igating, andpiilverrzin£^,,quickfilverand fiilphur, It had been the praftice of the cuftom-houfe to admit vciinillipn from Holland, being made there, at the low duty, as coming diredly from the place of its mamifacturey though quickfilver was the growth of the Eaft-Indies, Hungary, Germany, and other places.'. But the comminioneFs of the cuftoms thought proper to alter their prftftice, and, with fh^t view, dated a cafe for thei^pihion •of the attorney-general, Mr. JVailace {a) j who was of opinion, that it having been the uninter- rupted ufagc to admit the importation of vermil- lion from Holland on the low duty, it was too late to difpute, with any probability of fucC^fs, the d^m^n^ of the higher duty. Upon that occa- fion an opinion of Sir Dudley Ryder was corj- fidcred, who had recommended, that a ufage to admit juniper-berries, the growth of Germany, to come from Holland on a low duty, as if that was the place of their growth^ having been long ac- quiefced in, ought not to be altered. But although I in this cafe tiie vermillion v/as admitted upon the ar- gument of ufage, it is probable this ufage origi- nated from the confideration befor^mentioned, of its being a completely mdnufadlured article,' re- taining .St {a) 21 November 1780, ■*, >f- j; \^-^( f- .-%.• '^' -^,. t. 'i* -mA^u.^ «•'■ •/• > i^r-t PART Ih SHIPPING AND NAVIQATIOJf) j raining no outward trace of thtf original mate rials. l'2cAn. 11, T9 But, fuch praft ices obtaining ^t the cuftom- Trade vm' Ihpnfc with fiegafd to duties, were held on another ^^''^S,'; ocf:afi9ny hy Hir Dudlei/ Ryder (a), not to have I any operation to do away the force of the Aft ofi !;ij^.^ Navigation. And therefore, notwithftanding a> . ■'. .f'v;, prarti^e of the officers receiving duties and pafTmg "^"^ ' ' .; >r^ jenffies" for fc vera! forts of African goods in the " '* IraCQe manner 4s if they had been imported from ^'i,^^^'^ c^'; [Africa, though, in fad, they came from America,- i r^: 4 - [heheld fuch goods were forfeitable under the Aftj. ^^ V 3f Navigaf ion. - ^ -^ '\.t This queftion concerning the manufadhiring iniir lutopt of articles the produftion of Afia, Africa/^: or America, was brought to a conclufion by a de-v«.^ crmination of the court of exchequer, in i^Geo. 2k;0 Some oftrich feathers of African produce were? i brought to France, and there drcflcd, and fron^t,. [hence imported into this kingdom. This manu-^ft Ikfturing in France appeared to the court to b< tl fuch as to juftify the importation under the Aft of Javigation. But to prevent the mifchief thatc^H light cnfue to that and various^ other manufac-f\ jfcs in this kingdom, if this praftice was to befv/ n^lioncd by law, an aft was pafTed, ftat. ig:^^i reo. 3. c. 48. which ordains, that the provifion itt^-W-" k fourth jTcftion of the Aft of Navigation (houldf;; |ot be conftrued to permit any goods or com-v»| [loditics whatfocver, of the growth or produftton •• ■ • ■ K' ...>.■■ . of. . p.' 1 " ,n^jjrf' jo^^y^^a)' 19 November, 17^1 . .4,' , ^;'U;«t/ •■ •A U I3J> ri- .t^Mt^ ■v.r >:^ t$ THE LAW OP * Sect. 1. V ART 11.^ q( Africa, Afia, or America, which (hall be in any I *^*"'i783 ^^S""*^^ manufafturcd in foreign .parts, to be im- tToA H>/M ported or brought iAto the kingdom of Great Bri- SUmrka: ^*^"» Ireland, . Gucmfcy, Jerfey, or Man, unlefs ,^. • r they (hall be manufactured in the country or plac< ■ ' of which they were the growth and produAion, or in the place where fuch goods and commodities can be only» or are firft, (kipped (a), and from no other country or place whatfoever *,. But thin prohibition is not to prevent th^ importation ofl oil of cloves> oil of cinnamon, oil of mace, or I oil of nutmegs,, or of any of the goods or com-| modities which are permitted to be imported uii' 4er particular circumftances and reftridfcions by anyl aA pafled fince the A(^ of Navigation, and iji| force at thr time of palling this &6t t> Tab words of the fourth, fedion, shall not kl shipped or brought from any placet or countru^ but only those of their grozvth, prodttction, or\ manufacture, have given rife to fome difcuflion, SoMS worm- feed, which is a drug of the TurkJ ifh dominions and the growth of Afia, was 'm\ ported from Leghorn in an Engliih-built ihip, was alledged to have been brought to Leghorn i another Englilh-built Ihip. This was a cafe no only upon the above claufe of the Aft of NavigaJ tion, but alfo, and more ftrongly, on a claufe i the Book of Rates, which gives an eafement two^ehirds in the duty, on all drugs imported ii\ rectly from the place of their growth in Englid '■'•;•"" V v^"'-';'' ,., ~ bui Of direet Im jportation. •>•.. ^j-H {a) Lciavirg out ufuaiy, as it ^nds ia iUt< I <• CWr. 2. c. i8>H fs ^ ^ ^^ ,.'r w. ..' ami Aincrku. ■' ■ '.; -.i M. SHIPPIMd AND NAVIGATION. built (hipping. On the latter poiht» it was the opinion of Mr. fVarde, then attorney-g'^neral («), i^ca.'^ that this was not a direct (hipping from the place j^^^ .^^^ of their growth, within the mining of the claule in the Book of Rates. That a direft importation would make thtf place of their growth a terminus \h or fome reafonable occafion, put them into another Englilh-built (hip, and that (hip (hould bring them to England, this in hii opinion (hould be conftrued a continuance of the fame voyage ; which IdifFered from the prefent, where there was one Ivoyage to Leghorn, and another from Leghorn to [England: and the intereft perhaps was diftindl; )ne voyage on the account of one perfon, and one account of another. ^ '; -s- - xv-^ ■; - , ..^^ ., The fame cafe being laid before Mr. Satin- krs(^b)y he was of a different opinion. He thought direct importation within the meaning, though [lot within the words of the law, to be an impor- uion from the place of their growth into Eng- ■»*<"■ IP-'- *-,*;^ f (r**' ■\ 5li:l 1: it. 1 I :i m ^ i 'II I'ZCAR. II. TU A.o. n»j. 7>M /1*nt, /(fricc, ' Amtf>cii. ■ , ' ', ■» v.: » S i1 '■k .i; !miJlr!0.ii«lHrtW THE LAW OP. -^^^^f^ ^^u no : land by EngUfh- built (hipping all the way» add not partly by Englifh-buiit (hipping, and partly by foreign (hips ; but whether by one qt ^vcwci (hips was not material, for the law intende4iCPi.finn courage and increafe £ngli(h-built (hipping in general, and to reilrain foreign (hipstfron>.-fuch trade } and perhaps it might be difHcult to get an £ngli(h (hip to pafs, with a fmall parcel oC drugs^ quite thorough to England from the place of th. SHIPPING AND NAVIGATION. upon the Aft of Navigation, they both conftrucd this law with the fame latitude that Saunders had w r*/ii; to done the other. A parcel of hard ., foap bought in ^^^/r rvn!^ Turkey, the place of" its produftion and ma- ^ii^"'^^l^, nu&Aure (fuch as was ufually imported from Smyrna.)) was carried in Englifh (hipping to Ham- * [burgh) and continued there on the account of the impoitcr. They both held " in this cafe, that the . '" I importation of this foap into England in an £ng- lifh ftiip would not be contrary cither to the words/ . " or meaning of the Aft of Navigation j for it wa» *' tochcd" all along in Enghlh-built ihipping duly '■: , [qualified; and though laft brought from HamT«;S . burghy fwhich was not the place of its produftion, or mtfnufafture, nor the ufual port where firft , llhippcd for tranfport^tion, yet it was brought. . ." Ithithcr from the proper place in.Englifti fhipping \^ [duly navigated, by the fame perfon (or upon his . iccount) who fetched it from Hamburgh, and the property continued all along in him (a), vi> '^*r»'.\ui'! These opinions '^Mon the direft importation^ ' well with a view to the claufe in the Book of - Utes as upon the \6t of Navigation, have been Ihcrcd to on fubi'equent occafions. Thus drugs the growth of Barbary were fliippcd there m Engliih-built fhip bound for London, but which ras in her voyage to touch at Lilbon. On her |irrival there Ihe was found leaky^ and itAcapable )f proceec^ing on her voyage j the drugs were krefore put d^rcftly out of that Ihip, without ..;.,..,„,. . . K3 ' . landing. ''\^« v ("), 5th of May i68z. .Vi- 1/ V "if .'%' 12 CAB. n. TO A. d; na3.' IVn«fe with Atia, ^/nc* ((rtrf America. ■ y ''•'■'k:.-.' '\ i ) vWQlt A Yf«E LAW t)F-«t*'*«» H« tending, on board another (hip Englifli-.biiilt ; and this was held by Sir Edward Norihcy (a) to be'| a direct importation from ]Bafbary, the changing the ihips being for ncccfTity j and he thought the drugs Ihould be imported on the fingle dt^. Again, in a cafe before quoted for another puN pofe, where bear-fkins were brought in a Rritifli fhip from Newfoundland to Gibraltaf, and there re-fhipped on board another Britifh Ihtp, and brought to England, it was held by Air, fViHes{h)^ . that the Ihip and goods were not forfeited by ftat; 12. Car. 1. c. 1 8. f. 4. but that they were forfeited I by ftat. 8. Geo. i. c. 15. f. 25. which requires fuiR, riie produifl of a Britifli plantation to be imported directly from thence to Great Britain, an«l laid | pn Ihore there, and not elfewhere, under the pe. . nalcies contained in the Ad of Navigation* i^^Y" •'•It had been a pra^ice at the cuftom-houfe to I .admit Barbary copper, which had been brought | from thence to Gibraltar in Englifh-built fhips, • -and re-(hipped there for England. In a cafe of| this fort, where the property had all along con- tinued in the fame perfon, fome doubt was enter- tained, wiietherupon the re-export of fucb coppcrl frcin hence, it fhould receive a drawback ; itl being thought fuch drawback was only payable on fiich copper When imported directly from thati place J but Mr. lVille:i was of opinion (c), that] though there might be fome doubt, whether cop-I -'•)■' ' ■ " ■'•' 'M' ■■■- » (a) 8th of May 1706. {b) 16th of Aiiguft 173^ (0 i^J-inuary 1735. » ^.W; Trcde with Atia, Africa, rica. SHIPPING: AND NAVIGATION. '^ IJ5 per fo imported ought to have been entered a? , ^^^^^H- ^ Barbary copper, yet he radier thought the entry 12 ca*. ii.to nght> and Was clear that, the entry being made, the drawback ought to be paid. In like manner, STkSJl where train-oil of Newfoundland was imported into Gqernfey in a Britifb (hip, and there tranf- ;; ;': ihipped, and imported into this kingdom, and an a allegation was made of a pradtice at the cuftom- houfe to admit fuch oil from Gliernfey, Sir Dudley Ryder {a)i Jield, that it might be ad**- ' mitted to an entry, and that the importation, under 9II the circumftances, would not induce a for- feiture. Some inftances of navigation of the fort Ijuft mentioned, muft have been alluded to by Sir Dudley Ryder (A), in the cafe of fome rum of our plantations imported from Guernfey j hp th*rc fays, it was not authorif^d by ftat. 3. Geo, i^ €. f. 7. and muft be forfeited by the Aft of Navigation, unlefs the re were other circumftances, as to the manner of importation into Guernfey, befides what were ftated, that might vary thO' cafe. ' ' ' . ■''-vv . -i-' m^^-'^'-i A SINGULAR cafe of navigation happened re- fpedling tue article of senna. It feems, the whole j growth of fenna in Egypt is farmed and purchafcd there entirely by the Jew i,, Dutch, French, and 1 Italians, who fend it to their refpedtive countries iin Europe. The Englifh, being thus wholly ex- cluded from purchafing it in Turkey, cannot pro- cure it by any other means than through thofe [countries i and all the fenna which, for leveral -^'^-t ;•'(•':•: .• J*^ vv i/iv 1^: K 4 years («) II January 1743.. {6) 7 July 1744. ^.-^- / .. ,^! I r' V: I 11 i *'^, '! '.;, if5 i-y s f Trade reith Asia, Aj'r^ei, mU xiituima. %%: *^ A.^',. years had heien imp&rted into this ikfngdBni,'' and 12 *^«- "• 'TO entered as comm^ dirtctiifi^ paflcd at the fin^c duty, had bcerv procuh?^' itt that manner. — i>/4^^A "^irij , s A QUANTITY of *(?««(!? was bought in U^Uand^ carried from tliencc to Snjyma hi a Brhifli ihip, landed, and afterwards re-fliipped in thenfamc Ihip, and imported at London j the pro^crtjltJall along conunuing in the fame perfon who eaad^ithe purchafe in Holland. Op the fide of the importer it was alledged, that: the carrying ^the (cnpafrom Europe to Smyrna in a Britifli fhip.was cffeaiually anifwering the defign of the Navigation Af Navigation was, to force the Englifh trade^ as favjas regulation could force it, into the firii; marker* and to give it that very eftablifhment vi?hidt the merchants alledged to be in the pof^ fcflion of the -Dutch, and others? and that to eft feet this, the very large ^erms of prohibition, wo pods shall be shipped or broughti &c. mean )'■:■. -0 rclude «// fhipping or carriage of flich goods ; i;^:^ vv u.ycr, which was not irom the place of their '-'(^M growth,. -' . ..■/' ' r^.^'.W^V^'^^^-i^^ii^t^il^i ■ ■ '-.-; But as there feemed no fraud in the merchants,^ - "^ . he recommended to feizc only a fmall quantity ■ •' ^ ftw the purpofe of trying the queftion; and as i^ had been the ufagc of the cuftom-houfe to admit fenna the gtoi^h of Egypt at the fingle duty from Smyrna, he thought it would be wrong to change it upon any merchant fuddenly, and without fomc notice y although he thought it too great a ftretch to call Smyrna the place of its giiowth, only becaufc they are, or rather were, both pro- vinces of the Turkifli Empire {a). . It is, in faft, ^? prefcnt pra(^ice 0/ the cuftom-houfe to admit ••■/>», "fV^ »* vi-. • fenna. ;ll,4rif,f;>i!k'^^u:.' *.-> \s '<-„!; ^ %^J^ *; [a) 29 November i??*'. * ' ii ' ilf; ^i it' Vlll »38 THE LAW OF PART ir. laCAR 4.1). Trjde with Atioj Africa, and Atmirka, '.«• t.-i Of the usoal Ports for first Shipping, fenna, the produce of Egypt^ from Snjyrna, and r'l'-K^ rhubarb, the produce of Tartgry, from Rii'^ia, as if coming direct i^^ from the pkcc of their .growth. Upon the whxjk^ it i* judged not .to' be fuffi- cj .nt that the whole of the voyage Js performed in a Britiih ihlp^ but it muft ^t in iie fame Ihip i for if trans-fhippitlg were allbwedi ^ would be very difficult to prove whether the former vpyage was performed in 'a legal way j and the proviiion might thus be eafitjr evaded. However, when a ihip has fufTcred fuch damage as |o be unladen at ibme port, and the goods are put into another Britifh veiTel, the importation is always confidered as a continuation of die firfl voyage; But^this is a cafe ofncc^ity, aind it muft be proved before Ijhe importadon is^allowed. ' Thb following words of the fourth fedion of the Aft of Navigation, the ports where goods can onlyt or are, or usually have bsen,Jirst shipped for transportation, have given occafion to fomc queftion and debate. Cocoa-nuts of the growth of fomc foreign plantations in America belonging to Spain or France, from whence the king's fubjeds cannot fetch them dircftly, were, at the time of making the Aft of Navigation, and after, to die prefent time, brought from our plantations } but it was material to know, whether this was a regular importation in point of law j and Sir Edward Northey was of opinion, that they now might be fo imported, having been usually there firft Ihipped for tranfportation («), Sir Const an- '' '■'" ''^'''- V'-v- tine , («) 22 November 17 x;, ^, . fine Piii Ur.Tui But d therefore fation fr< Yvrke {a they wer< (hipped: or any o pot be th portatio'i tranfportj fing the THEli .%> Phil to him as of tobacc For bett fioners comptroll tp report reported,, years to i to be im| as impori 4nd aften tation wa was allowi duty as c |t was alf( («)i: SHIPPING AND NAVItSATION. I3f rnaf and g ffjte Piiipps was of a different (pinion i as was alio* Lii^ia, as •.growth. jt fuffi- ifornjed ne ihipi ould be r voyage jrovifion when a nladenat another )nfiderecl It V this is :d before on of the 7ods can shipped to fome rowth of nging to fubjeds time of r, to the but it a regular Edward V might tere firft 'onstan- fine PAUT Ui Ui\ Turner 4 .fi* Vi*' But this, after all, is a queftion of faftj and therefore, when a doubt refpe^cttng a like impor- tation from CuraffisiwaL fubmitted to*SVr Philip Yorke (a), he put it upon that circumftancc— -2/* ri»ey were the places where, they were ufually firll (hipped: but it may be obferved, thai Curafiba, or any of the islands in the Y^e&i Indies, could pot be the places for the Jirstjibiipping for trans- portation from die Spanifh (Continent, unlefs that tranfportation was to fignify nothing lefs than paf- fing the Atlantic Ocean to Europe, #.1^ The like reference to faft and ufage wai made by Sir Philip Yorke, when a like queftion was put to him as to the importation fitorn our plantaiions 6f tobacco, the growth of the Spanilh colonies {b)-. For better clearing up this point, the co-nimif- fioners of the cuftoms diredled the colJeclor, comptroller, and furveyor of the port of London tp report their opinion : upon which thefe officers reported, that it had been the pi a6lice for many years to admit drugs of the Spanifli Weft Indies to be imported from our plantations, paying duty as imported from places not of their growth j and afterwards', by ftat. 7. Ann. c. 8. fuch impor- tation was approved ; and this further privrlege was allowed, namely, that fuch drugs fhould pay duty aci coming from the place of their growth. It was alfo the pradice, they faid, and ft ill con- ; ■ :^-:. . . . tinucd. I'iCAR. II. TO A.D. 1783. Tnile. with Asia, Afrku, and Anwricut m ■ 'KA.-. .r'%*-;. ,';K.(\i'i (fl) 17 September 1724. (^) II July I'.jo- ?.'i; * , ■ t) I i'!!l iri I ■■■ 1 III ill! '.i' ¥■- VV.<5;C .♦■i: il «i II 140 THE LAW OF %^1^J-^lLt ^'^"cd, to admit" logwood, cbcoa, and fome other I'icAK.?^^ eommodi svof the iSpanilh Weft Indies, 10 be 7>^ n,/i< that favoured fuch importation ; ahd there ^ peared to them no particular reafon v^hy Sp^iilv tobacco might not come in the fame wayr;^: It appeared, that cochineal, logwood, Ntcartgua-^ wood, indigo, Jefuits-bark, and fnufF of the Ha* vannitli, were conftantly allowed to be imported from our Weft India iflands j and there wcre But a praJtice feems Hnce to have obta^di which makes it no longer neceflary to enquiry .for i the usual port for ihipping in Aa^rieaj the whole continent and iHands being confidered as one place. In all the < regulations that have been made fincc 178J for adjufting the intercourfc between our colonies and the United States, the principal vie^. Was to protecfl the navigation of this country; th port from which- they are imported, being the, ijcareft to the place of their growth, or tb-s ufu?l port, for Ihippiiig thofe goods. >> • ^ w v ,>? ?ii * Upon which 4iic law-officers delivered their opinion, that the importation of the produce of; that part of America which conftitutes the terri- tories of the prefent United Sutes having been lawful before their feparation from Great Britaioj muft contimie to be fp, notwithftanding that fcpa- paration, Uftl(?ls it is prohibited by.fomc law made upon the feparation, or aftei wards («). .,«<:; >/.iH>;o, I'i CAR. 11. Tt A, D. 1183.. t Trade wHh Atia, /{friait and Afnerka, "^ .^ vAvl^- \J4^}\ iii^u:^ ■ *■ Indeep [a) This opuiion was fanClloned by ffat\ 30. Geo. 3. ch. 29. fe£L 2. which allows goods, the produce of countries, bordering on Quebec, atid legally imported there^ to be exported to Great Britain. I ■ i CI iiin '1 I liii ill ( ■i -■'k. s'r.\ • f m Vi CAR. II. TO A. 1). n8:>. Aa'iH, j'.ftiea^ tud Amerka, ■ .f. ■-cH^ :<^: r^ The law or Ikdiso it is fta;e4i ^o far back *as the year 1756, to have bc«n the prafticc of the cttftom- houfc to condder the tiiird and fourth fidlions of the Aft of Naviganon geographicaWy, and to give (.the words placet dr country, a vtrj extenfivd conftruftion } for goods of foreign plantations in Am.rica had been imported into England i>om the Britilh colonies j the produft of one part of Africa had been imported from another part of Africa, though without the Streights of Gibraltar, and fubjcci to different princes j and fuch com- ir xlitics had, nbtwithftanding, always been deemed to come from the place of their growth. ^1/ As to the fi hipping in which the trade of Afia, Africa, and America, might be carried on, upon comparing fedl. 3, 4, 8, and o. of Itat. 12. C(ti\ 2. c. 18. and ftat. 13. & 14. Car.i. c. 11. f.6. Sir Edward Nortlwy was of opinion («), that Canary v»'ine might be imported fom the Canaries in a foreign- built ihip, owned and manned by the peo- ple of England, paying aliens' duty ; for the third fcdion, which rebt'^s to the goods of Afia, Africa, and America, does not obKge the goods of thofc places to be imported only in Englifti-built fhip- pingf but allows them to be imported in Ihips belonging to the people of England j and the fourth fedion, which refers to the third, makes 110 alteration i for the words therein, Engliah-built shipping f are of no ufe, the words or other ship- ping belonging to England being in the fame . :• claufc, •«"-' t W .*V- *«■»::,.- vJ't; f:ii^,>!,m. (fl) x6 April 1706. M. ^' ^anancs in a n y* SHIPPING AND NAVIGATION. I'claufe- None of the fubfcqucnt claufcs make aiiy alteration in this matter i for the laft claufe which »« *=*%"• ™ 'TS • /I A. P. llbitt concerns foreign-built fliips owned by the Enghfh, jy^ ^^^ docs not prohibit the importing in them, but ordy i'a'J^"^ takes away a privilege belonging to them before,- and obiiges aliens' duty to be paid for goods im- ported in them ; whereas before, fuch (hips being * owned by the Englifli, the duty paid by denizens was the only duty that lliould be paid for goods imported in them on the account of Englifh fub- jcfts. . ' Notwithstanding the ftrift prohibition not to import the commodities of Afia, Africa, and America, but from the place of their growth, pro- duftion, or manufacture, a prafticc had been per- mitted to obtain, of allowing fuch commodities, ' *'- . when once imported and afterwards exported to fome European country, to be again imported from thence. W. • The firft inflance of this fort of queftion was, ^/ returned where goods had been imported and paid the duty, #»- and were exported within the time limited by the fecond rule of the Book of Rates, having drawn back pai;t of the duty, as there permitted, but not finding a market they were returned ; and Si • ^ ■ Robert Sawtfcr held» they were upon fuch fecond importation liable to pay the fame duties as upon the firft importation j for it was entirely a new importation, and the officers of the cuftoms could not take notice that they had been here before, or make any allowance for it. But though he main- tained this opinion as to duties, yet he held, that .;, .;..A r . returned y^>' ... y '^^ y VA I Hi M'^ A 1 I i 1^ 1 PART IT. li CAS. II. TC A.O. lltta^ Trmk u»H Atui, /{f'rirvf Itmt Amencu. ,?"-^»C^. •^ 'r,. . ft''. '3f ^\^^^^ 'Is: ^M^:'^ •%-//^/ THE LAW Of fetamcd goodi would not be forfeited within the' ifoulth fefttoh of -the AA of Navigation, Which eJttends only to the firft nnpbrtationv in 6rt!er td make England the fliitple of thoie commodieies ; and that having been complied with, Xh.t law is executed according to its true intent and itie^tiihg. However, he thougfit the twertty-third/fcli^fe'iti the Ad of Frauds, ftat. ij. & 14. CrtK' 4: tl ii. which prohibits certain goods coming frottt the Netherlands and Germany, extended the -Aft '6f Navigation to take away all pretence of returned -goods of ihe kinds enumerated in that a^. But this point was confidercd in a dil^fent light by Mr. JVardc 9x\6l Sir John Soflliet^9\a)i who thought the Ad of Frauds applied only iH)x€ original importation; and if the goods had b^if^^ originally imported from the proper place, the ), Whether, if the property pafled to another, the goods might be re-imported as returned goods. Thus, where A. a merchant in London, exported opium to HtiUand, and B: another merchant in London, ordered his fador to buy it there, he faid, that if the ad was taken ftridly the exporter A. might not afterwards return the goods to England j ' .' but {a) 10 & 12 Oift. 1689; {/>) May 1691. > f ■>^ '*:■■ tHIPPINO AND 1>*AVI0ATI0NV « but by a reAfoaablc equity in conftruing the as& for ^ :b(t:n^t ^f trsjde, it hj4.b^|j||.*Upwcd^l9 ^'im* th9 jjprfQa.«*pQrtiBg to return, ihcim ;i ■■•«i_. fluencc ^1 ■V!.. ■•■*•..■ 5' 1**- % ■ ■ --f ' («) 1 8 Febrvuuy »703- 'X.h'.^.:--:..^ *< ■m%^ ■■ y -;-■, '*# " ; ' ■-..•»•>.■»-••■ • ■■- :. /'• • •;..•■!. -■.- .' -C'i - \;i:^ ■'^■^ \'^''.'f' - < '•■ v^ 1 , i! li! i T' til I ■ H III N i M^ '^' • • TMt LAMT Of iluence it, he (hould h»vc. thought It ^Icar,- that Mfm^iurrn iitea imported into England, and tftervVards ex- Tr.,Af*ki/A : ported to^. Holland, could not be returned from i3wi^«: -thence by virtue of that law j becaufc fuch re- turning (as it is called) was a new jnipQrtatioji, •^ and the goods are liable to the fame duty, and V '^ . fubjefl to the regulation of the fame law<^ concern- ing goods imported, in all refpe6:s, as they ^ero r < ^upon the firft importation j and therefore ai:e con- • ^"^ ■ ifidered in law as if they never had: been brought >«t all to this king<)om. He though; the prac- tice had arifen without good foundation i and if a ^ •' feizurc fhould be n-fade of tea fo returned, fuch - pra6kice ought not .. (Iriflnefs to alter tipc cpn- ^ ilru(5tion of the adt. But, notwithstanding that, he thought the ufage would have an influence with the jury ; and the court would pfobjjjly be tenckrl hgw they broke in upon that, which had been fo{ - long allowed to prevail. ' c^ On a fubfequent occafion Sir Phil. l'b^Ae («)| ^']p3& again called upon to deliver his opinion, for jjthe government of the officers. He then faid, he ' ijjought. fuch returned goods were, in ftridtnefs not liable to the payment of any duty, nor entcrablej but they were forfeited for being re-landed after "r exportation, and the duties drawn back. He faid J he did not remember any a£t of parliament for gthe juidulgence that had been allowed; but he I ^ .^Hghf it reafonabie infome cafes |^to avoid hard- # . > :^j^ji3'vLj ihips J tf. '. •*A ■JJV.- H'-'' («) 6 Auguft 1733. ;^o?t^'' 1 ^ / ^ '.V . . •.A^!**'^^^-^ i V i I 1H' ,1 i^Z ' ' ¥h« tA# or i^tJ^, lacntity of ic^cteiai cb^lW be AM* ofeftj^lttitry 12 «Aii. «i. TO 6uglft /tdt to Be'^ftjftf^. And ^6h thfc g^itral iv^* S point of '^rn5l*J% ^ii^a gSdcIs, ht'^^ He fcfe was ctmfirmc'd^ bpim«(i i9ttt it «^^ cohftant pfa^icci By tht bpihions ^( totiltiift nt- tornejrs-gcncral, and by thit jtadg^Aient df'thc then This pftlBae hdi^fevd-, tis far as f^^^ tea, was ffojjpcd by ftai. 1 1 . r^ vent fuch abufes in future it enadts, that no tea fhall be imported but from the plac6 of its growth, although it may iiave been formerly exported from I hence *. In other relpefts the prafticie feems taj have been folly eftablifhed. f T^E following quefHons arofe upon cafes pe- culiaiiy circumftanced, and were founded on al fuppofldon that the general point was fettledi Some ' flafras was brought to the port of CoweA *^ut was not landed; it was only reported thercl ^'fOr Lilbon, to which place it was carriedj andl ^'thcn brought back. Sir Dudley Ryder («),[ • iipon this occalion, was of opinion, that the pracJ '^ticc, with regard to goods originally duly iiti-l ^ portfcd, on the duties being paid, or fecured, wai '**an indulgence juftified only by long ufage; anJ * Sect. 8. •r ^- -t s--»' ^x-lf- as there v it had not he diough warranted On the been carri condemnec brought b was of opi bpeq impo ftqod upoi ' hiflier, ao( tmvf as fm r* \ (*) 25 April if4jr^''^SS;S-*^^' 1 * V ^ ■ \ 1 /■ "v . ■ A.ii. 1783. 7>«Mfe with Atia, Afr'icUt and Amerktt. \\rr: SHIPPING AHt) ^AyJOATIONr. J^g as there was no like ufage in thc; prefent ciafc, and "^^^"^ "• it had not the fame equitable reaibns intending it, » cAit.jii. to he thought the conimiflioners were flt5t:ilifficiendy warranted to admit thefe goods to an entry. On the other han^, where elephants* teeth had been carried into Ireland as prize, tuid there condemned, and then fhipped for Hamburgh, and brought back from thence. Sir Jhidky Ryder was of opinion, that as thefe goods might have b^eij imported h^re originally from Ireland, they ftqod upon the fame footing as goods returned hiihcr, and therefore might be admitted to an v cijtry as (mc\[. >>(i^>Vf»^^ :.>afei^:- kitr:^-?' I , I • ii o! .....Oil 'ito 2:noiMJi; 9fta .cri -.a.fc . ■ / ^ .• ^vj^HfM- THE LA#^6^^^^'f^t«' ' i^o ' » 'V,' '''*'.'''^*'''. '*' ■ ::r- ■ •.vitjr'i.C; PART ir. 12 CAR. II. TO .A.u. 1783. European 7 «*L CHAlPTER III. 4^^#^^ft THi; EUROPEAN TRADE., ^iy'^^^j^jfji-^. The Eighth Section — Complaints against Wt * Aci-^Prohibition of Goods Jrom the Nether- / lands andGetwany-'Provision in the Treaty ' of Breda — The Prohibition relaxed-^Tht V^^astland C^mpany-^The Russia Company-^. ' The Turkey Company-^sagi^ contrary to the Prohibition^-Of Shipping in the Euro- pean Jrade-r^Foreign Prize Ships-^Cff En- glish Ships sold to Foreigners-^Qf the Country whereforeign Ships built^r^Stat, ii, ^Geo, 2'C' yZ.'^'Ofthe country of the Master ' * and Mariners — Of Prize Goodsr-^What i^ * an Importation^^ Act of I^avigation dis» pcnsed with during JVar, ^^V THE European Tradeh the next objcdl which prefents itfclf in the Aft of Navigation. Ii^ the aft of 1651 the wjiolc of this trade was regu- lated ; and it was> in fpmc rcfpefts, fubjcdled to the fam^ reftriftions as thofe impofed on the trade of Afia, Africa, and America^ in the fourth fee- tion of the n6w aft^ But the parliament now thought proper to fubjcft only a portion of it to regxi- . ) t" / SHIPPING AND NAVIGATION. regulation; the reft wasjeft at large } and in this rcfpeft fome facrificc was m^e to the intcrcfts of "ipIUTT^^ our commercial neijghbourSj who had complained European {o heavily of the partial fpirit of th6 former aft. It was ordained, in the eighth feftion, that no Jiie Eighth ■, ... /• . • 1 in" Section. goods or commodities of the growth, production, or manufafture of il/M jrcowy, or of any of the countries, dominions, or territories, to the Great Duke, or emperor of Muscovy or Russia be- longing; as alfo no fori: of mafts, dmber, or boards i no foreign salt, pitch, tar, rosin, hpnpff^T flax, raisins. Jigs, prunes, olive-oils i no. forts t)f corn ov grain, sugar, fot-jishes, ^ mntlSr ^ificgar, . jpr spirits callf^^,, aqua vitee ur , ! , . . braudiji ijf^^'w^, 0»aU ^ itnpbrited into England, Irt;Ia^di \yale«;j ^ the town of Berwick, in any fhip pr^vciisJvWiMitfoeYcr, but in fuch as do truly and witnlqut fi^d belong to the people thereof, or' fofi^ of tltj^y a^ the true owners and proprietors, an4 whereof the n^after and threq-fourths of the mariners at lea(b are Englifh. And that no cur* rants, nor commodities of the growth* produe-. tion, or manufafture, of any of t^^ , qoijuntriesj iflands, dominions, or territories, to the Ottoman or Turkifh empire belonging, Ihali.be in^)c»t^ into any of the bffor?- mentioned places, in at4 Ihiporveird but which is pf Engliiih^^«i/V,,andr^ navigated as afore faid, and in no^pt^^, cxccp^- only (which exception is conftrued to.japply not only to Turkey, but to Ruff^a, and the enui^e- rated articles before-mentioned) fuch foreign rfjips iind velTcls as are of the built of d^a.t^ country or ^■•■: X;. $"1 § I i. .1,. ■ 91 f \ ■ h!: if : • 1 ^'■'t IM J I ^4 iii S ♦ Sect. 8. t '^^-T,^' i P^acc <)f which the faid goods are the growth, pro- i2«A». n.To dudtion, or mamifai^re refpe<5kively, or of fuch Eunpean' P^** whcrc thc faid goods can onlf be, or moft Trade. ufually are, firft fliippe^ for traniportation, and whereof the mailer and threc-foUrths of the marinerti . at teaft are of the fa,iA country or place, under pain of forfeiting the fliip and goods;*.' ' ' ■' •'ivtfi^v^v '*' Thb prohibition' to innport, except only: in Englifh Ihips, or Ihips- of the country whence the commodities cortie, does not, we^ fee, extend by the prfcfcnt a€i;," as It -did by the old ohe, to all Europe, but is confined to die cortinlMidities of Ruffia and Turkey, and td the articles that are above fpccially enumerated ; fo t1iat;iny Euror pean merchandize not the^c eftumeraiedj and not of the growth, produAion, or mamifeftwre of Russia or Ti'trkei^, mxy, by this a£by be import- ed in a fliip not Engfjlh-built, nor Ol the country vhence the merchandize ecmes. ^ : .. , A Afterwards, by (tat. 2.WiiL ig'Maryy ft. i. eh. 9. thrtrwn JiVA:; the growth or produftion of iSaly, Sicily, or.the kingdom of Naples, is, in a particular manner, made an enumerated article in ■^'^ • 2^ the European trade i for ip Is^quir^d to be brought fV-i^-ftom fome of thc ports of thofc countries, or places, whereof it is the growth, or produftion; and it is to come direftly by fca, and not other- wife. It is further required to be imported in, fuch fliips, navigated in fuch manner, as is re- quired by the ad of navigation i bu^ there being i\ t^¥^> -.•^, ■I. /"■^^ ■.■>.' f-.M^iV.-.; -^;, . ». , ' , "^lyr.Jr-x^l^ ■-; ;-<- -r* .^m„^?■,— ifc^,^,?f ■ '. ." .*.J/ ■^,x ■■•' ■ ' --•-■' ^^'-^-r ■.. •■' '-r'" '^ -i- :.'' '--."'^ V»> •- '~^- ■,'-■■'.: , .^./ -^ -^:rr' ■ ^ ■•- I ,., ■ -« 1 ■,i*' • "V • '■'.'"' ■* ' nq \::- ..'.,;./.,. . ■'■■V-. ■•'-■.J.,-.* -^vX.;^'-- no proVili( navigation Thk na regard to and vinega growth, ] Wid of Tu: prevent thi concealing imported it and navTgi deemed alii kirjf, and imported, wines of th Spainy th^ tht Madcin articfcs, ev tTYi as pen ftill made the aliens^ To thefc the followin /hould not upon corn Scoriand, people of thence in mafter and his majefty' {") But all p. 16. .-i.M Wf SHIPPING AND NAVIGATION. " I^ napKOvifion, of the fort fi^tpoied; in tho *& f>f u^^-!S navigation, this cnaftmcnt is a mere nulKty.. ^'i'^iHSa™ Thr navigation aft ^cnt a ftep fiirther wUh, -EnTo^an regard to the enumerated tyi'ijcies (except wii^ and vinegar), and with regard to all goods of the ''^''^■^■ growth, production, or manu^urc of RuiBa >nid of Turkey J for in order, as the ?£t faya, to^ prevent the ^reat frauds praof. t^e faid places, and whvcof d\«: m:&(iGt And three- ^ "rths of the mariners a( tcJift v7f;v« En^lKK *,,ti ?ff The reftriftions here laid upvm tite J.'ii opean trjide, thoufrh kfs picfling than tliDfe ia the [ ./n,;* a(3:, were yet fuch as to c.i jfe great cmbarrafs- ment, arid W(^:*s fjon coaiplained of, both hy ^ king's own fvibjeits and by fqreigners, A ilongj other conplaint^^i. a tTicnioriaJ was pr^fi^nted by the agent for the city of Lubcc, u. of dicr IjJ^c. Townsj praying for a diip^afati'.n from th^ A#of,. Navigation, the Lubeckcrs claiming thl^Jit^lc gcnoe under pretence of uf^e and Cflftttm;,Afi^^ rhey had aftually fucceeded in obtaji»ng.a licepcQj to ccme with their own Ihips and flfi^fitjfjf^^ofree- from all reftriftion whaubeyer. On the lyth^^ej^- tember 1662, this'ipcmorial ^as-t^kcn iQtQt,conr, fideration in the privy council, when j th? .1 lord chancellpr, the lord treafurer, the lor4 privy fcal, and ether lords, were appointed a committieejtQ- coniider the piopofal there made, how far it^^smjd be leneficial to the trade of this ivition, and how far it was merited by the degree of privilege en- joyed by our merchants in the Hanfe Towns. The committee were to confult with the* comfnifr fioners and farmers of the cuftoms^ the Eailland merchants, and others. The matter >yas fully de- bated and refoived onj and a proclamation was iifued, recalling all lice-ccs, letters, or warrants, rhat • ;.>^<"lS; i: '>-it' *•• "■).■', that had ( vigatioff ( Tnt r of forcigr his majeft 24th Sep chancellor thcexTjhiB( king V con the editor for explaij Aft of Nj his miijeft) not-lblk)#c manner wl down; Oi employ^ipdi th*^i^C^ Oj ftilIttlOi*C€ peariTi-adc THiis is purparts ^* difputes ^' about f< ^' brought >' thcreabo jJcfign of t no fuch pn ftatutc J bt and we hav (,a) Counc. {l>) Counc. - iV ^y^'l Trade. SHIPPING 'AMD NAVfdATION. l|i that had been obtained contrary to the Aft of NU'-' . ^^^^ "* , VlffStiOflf C^.) '" > . /^ " 12CA«.ll.TO, THt rqJTCicntation* of our own merchants and Europgan'i of foreigners, at this time, prevailed fo far with ^ his majefty, that an oi-dcr of council was made, on»? 24th September 1662, dircfting, that the lord chancellor, lord trealurer, and the chancellor of t. the exTjhiequer, calling to their afliftance the judges, king's counfel, and chief officers and farmers of the cildoras, fliould advife abotit preparing a bill for explaining and invalidating fuch parts of the A6t of' Navigation as daily proved deftruftive to his miijefty's trading fubjeft? (^.) But this was not-^)io#ed by any projeft for relaxing, in any manner whatev^f, the rule of trade already laid dowrit On the contrary, we fee the parliament employ^edi alffloft at that very time, in framing the i^cif of Frauds J by which a new reftriftion, ftiirmoVeembafrafling, was impofed on the Euro-* peati'TVade.-'^^'^' ' '^*»'»->*'»,''Mi-i-*''^^ ' • ^' • ^THis is^ ftat. 13. & 14. Car. 1. c. 11. which ^^i^Zl. purparts to be for explanation of "doubts and f^d'^om'' f« difpute3 cbriccrning the A61 of Navigation, ?* about fome goods therein prohibited to be ^* brought from Holland, and the parts and ports '*' thereabouts." This was declaring plainly the jicfign of that aft, but not reciting its words ; for no fuch prohibition, in terms, is to be found in the ftatutc ; but this was the language of the time ; and we have before noticed a public paper, which fpeaks (a) Counc. Regif!, and Andsrfon, Vol. Li. 626. {h) Counc, Regi.1, - . '• V'-i>S« vniany. 4|V V ' . Till I AW Of {^p^% q( gq^ pmhih%tt4 £y M« act xif- Ifa/- i^Ti^'j «/iij»^. . We are told, the doub|;s 4n4 ,dif- putes, here alUidecl to, were thqic which ive koow were eotertained ^t one tii^e, whether (he £amth fedion did not »pply to the conaiiwiities of Eu- rope, as well ^jhpfe of Afu, Afr^iigi and Anie- rlca ? and tim: thi$ ad w^a made ^ lettle it, at leaft in the particular articles hens ^tcified. Pvt the occafion of the aA m^^ be afcnbe4 tQ the iol« lowing confideratioDS ; v , ,;> Complaint had been made, l^iril^ ^^t^ pVuvr tation goods ufed tq be carried to l^p^and ^n^Gier- many> and were afterwal'ds broyght from cheiSce by our own merchants. Secondly, That o^Mf own merchants contented thcmfelves with fetching from Holland and Germany rnsu^y of the commodities enu^nerated a|id dcf(;ribfd in |he eighth fection of the A6t of Navigation^ 4^ it true, pl^tation goods, and the commodities pf A^a^ Afriica, ^.Aaierica, could not lawfully be brought from the Nether- lands or Gern^any, .bec^uCe thpfe were not the ufual ports for their firft (hipping j but if th^y under- went there any manu^duringi wf have before feen they flight legdly be :i>ipQrted from thence. The commodities of |he eighth let^ion. might alfo legally be. brought from Holl^d, or any other place, in Englilh (hipping. A confide rable carry- ing-trade, therefore, would be lofl: to us, and would remain with the , mwchants of Holland, of Hamburgh, and other mariti^mc towns, in fpite of the Aft of Navigation, if our merchants were per- mitted to furnilh thcmfelves by Ihort voyages to sr thoif^ if^ighi totek!«t!«pti da^^a '^ To fori* vdy<^ :an gati^ dp 1^ ft^d^ui^df tftai) RheHu baccoy j}^^ pdat^ to the Kc¥hcrfa whatfttevw, upo •iw :,^i it^ **> to ftk!«t^iipdn ttem the ^QrChen of bringing thdfe mi^lijfr^frdift thiK *(iiitttrt€« whereMhity wett.pfd- To foreH th* fl*6Whaints, theitfe*-e, upon longer vdy«g*^ -an* fo to €*tcn^ the IhT^tng and navi- gati^ df liie kmgdom, it ^as hf this ftatutc crt- a^d^ifidddi^liiFed, that n6 -fort of tvines (other ^vii-Rhe^is'hy, ho fottcf spice fjf, grocery, to- baccOy fk^t-'AskiSi pUch, taf', salt, rosin, deal" ifdairds'f}fif^ttinber, or t ohve-oil, Ihall be im- portcel 1n*o lEhgknc!> Wales, or Benvick, from the Nirthcrfands or Germany, upon any pretence whatfttevet, in any foi't of ihips or veflcls what- fo#ircr> upoh pain of forfeiting the fliip and goods 'i r* is probable, the makers of this prohibitory ckufe did not look t)ack to former ftatutes when they |»ennti3 this provifion. Thofe who had the conllruingof it hare taken into their view what had been before done by the Legiflature j ?rd the^ have tonftnied grocery to include fuch articles as fere claflfed under that title in the Book of Rates, among which is spicery. The articles are thefe j almonds, annifeeds, cloves, currants, dates, ^n- ger, liquorice, mace, nutmegs, pfcpperj cinna- . mon, raifins, figs, prunes, and fugar {a). The Gonfolidatici? («) What puts it out of idoubt, whether any articles might be confidered as fpicery, though oot fpecifie^ among other fpijces, under this head of grocery, tbero is added in the Book of Rates a note for giving an eafcoient, in point of duty> to «j/ fpicery (except pepper, one of the fpecified articles), if imported dir "" om the place of their growth. m. Ay h ! ! il Hi i < i -C Kuroptan Tratk, 1 ■ Gonfolidwion A&, ftac ay, Oui, j. kiAm^ the ^iTiiKJ*'' ^'*"** ™^* ^®*' <^^f grocery, wkh t fmall addi- tion in the articles. They aro lllttfe Mokod thus; oJr'onds, jumifccds, cinhamoiii clovei> etvraoii, ^ ^> J^^^i ginger, liquorices mpce, nutmegs, pepper, pimento^ plumbty prunu, raifins, fu< gar (tf). Moil of the articles, therefbre, intend- ed by this provifion, were the produdkions of Afia, Africa, or Am^'ncai and with regard to them the prohloicioR was no niure than a repetition of that provifion m the Aft of NavigatiOn> which re- c^uires fuch articles to be brought from the place of their growth* If, indeed, they had undergone fuch a manufadluring in the Netherlands or Ger- many as would conftirute them a manufafture of thofe places, they might be brought from thence under the Aft of Navigation \ and in refpeft to fuch ar tides diis prohibition was wholly a new law. It was likewife a new law in' i gard to fuch arti- cles here mentioned as were European con- o- dities. s>V".i This prohibition was a fcvere blow to the flil^ ping of Holland, aftei" what it had fuflPered from the N wigation Aft. Perhaps it was more grating 3;; it was more marked than the former meafure. At the time of fettling the articles of navigation and commerce that were iigned at Breda, in July 1667, thv. States-General made a point to ftipularc for >3J<, y 'i-^f J' "1 v(iT; ^htf new Cortfclidation A(5l,- ftat. 43. Geo, 3. c. 68. dors not ..^i thi aead oi Urocery, but names all the articles ot jtrir* iheir prt/pejr places, in the alphabet. •* • / *«* '^ * ui .' ■ 'V ,^-v 4vroATiotr« ^oikie A*Ml> m cwiy into Englimd, in their f** ^T^ ;r^. , ... . 1 • Provision in til* ^t4hlp»i#>ftieH cwMHodities, as growing, being Tre,iy tfi KSftjlMfied».i»r>,in*niiWjiritd, in Xxwer or Upper ffr^riT*r>y»,;«Pe noc wfually carried ^o frequently llfi Anri^on)>. r' 1' •'.'1 \ T: /. ''i ! - • ! .'•I I : > III . ^! I I f Vr- C3i- ia-Sb* ««(!<•»' a ' ti'\ "- - - -* -:y1:-V •^*" 1783. SHIPPING AMD IfAVfOATION. dircAing the adajiflloo to be m;)dr^orc cafy^ in a great mcafurc did away ihc mifchicfs • of the cjt- t2 «;»' dufivc privilege. The firfl. inftancc of this roitqf. iJ,^,^ intfjfpofuion is in flat. 25. Car. 1. C..7. which was ^*'*- made for encouraging the Greenland and Eaflland ti«i Ko^ti .d tradasi it wa^ thcrc\}y ordaincdv that it fliould be *"■""'>• lawful for all the king's fubj^cts of England, Wales, and Berwick, and for every other perfon ,'' v of what nation focver, refiding and .inhabiting here* freely to 'trade into and from Greenland and thofe feas, and there take Whales and all x)thbr forts of> fiih, and to import into this -kingdpm all lofts of w7, blubber, and Jins thereof, and to ufc and ex- ercife all other trade to and from Greenland and ' thofe parts*. . . ; *BecM. In the reign of James and Charles I. proclama- tions had been iflucd, 'according to the fafhion of, M- 'I ^■■vvr^ f4 -4- thofe times, prohibiting any, whether nati\£s oi.: ^■.^■:ii^;'(%^'-S^ -^^S- foreigners, from importing whale •;»fins, or jvhale- , ' Qil, except only the RulTia Company ^^). It does ,^\, not appear that any fiich prohibitions had beert ;^>-' •made in the reign of Charles II. j but this purlia- /'- mentary provifion had the efifcd of removing all .! •;. doubt or difficulty that might belong to this exer- cife of prerogative, .'' ,. ,/i,. The Eastland Company fubfifted under a ^v;^' charter granted by queen Elizabeth in 1579, for • ' regulating the ccmmerte into the East countvjj ; • / a name antiently given, and ftill continued by mer- •-v' cintile people, to the' ports of the Baltic fea, more '^ M particularly ''\^^ 'X .*. v'^' • i.' ■' '■t .(#) Andcrron. . ■^^;. V:'^^: '*u,i:;>, ;.t^ ■'•^ - '."s>-. 12 A. Trade. fi^'; ■;>;i\ * Sect, 5, C The RuKia Company. >'. {a) Andcrfon. "i; ; ' i., SHIPPING AND NAVIGATION. mes, DSminionSj atiH SeigniQ'ries 'iinkriotinti atidiiot before their late Adventure or Enterl prise by Seas or N^avigation commonly frcr quented(a). In the ftatute they were defcribed by the name of The Felloztskip of English Merchants for Discovery of nexo Trades* The extent of their rights under the ftatute was, , the fole privilege of trading to and from the domi- nions and territories of the emperor of RulTia lying northward, north- eaft ward, and north-weftward from the citv of London : as alfo to the countries of Armenia Major or Minor, Media, Hyrcania, Perfia, or the Cafpian fea. It was faid in ftat. lo. & II. JVUl. 2' c. 6. to be commonly called the Russia Company. In the reign of king William it was thought this trade might be confiderably enlarged, if the admif- fion of perfons into the Company was made more,- eafy j and that it would be very proper to afcer- tain the fee of admifTion, which had not been done either by the charter or ftatute. It was accordiugly enafted by the ftatute juft mentioned, that every fubjeft of this realm might be admitted into the Company upon payment of five pounds only *, The trade to the Levant fubfifted under a char- ter granted in the third year of king Jame^ I. con- firmed by letters patent of the thirteenth year of Charles II. The incorporation was by the name (iiTkc Governor and Company of Merchants ■'•"l '^ ^* • M 2 of y>i V'V (.') See H:ick!iiyt, Vol. I. p. 258 to 274, for the charter Bad other matters relating to the Raffia Company. ^IH t ■' r Hn ll hMh ■''*"--"'" } 111 KhI ' ' ^^^ ^ 1I 1 " wM PARt'ii'.' ' '.. ' f,| IB liiCJiR. II'. TO , • ' 1 I t : 'Mtm A.D. 1783. n .. ; : j pi 1 ij II ■ European i^ ^ 1 II i - Trode, j 1 , 1 . ') • • ■•'.•- >'--■ ,' '' ! ' Lx ^^1 ' i ;' 1 1 Km ^ > ' ■" .. 'V-'H':':; 1 ' Wk ^^^■"'■f;^'^,-l ! ; i • ■ ^^W.} i ■ • ^^•'■- ''-^}: \ H^L' '■' .■■■■ ■'■: >■■ )■ ■ ^^^K' '• -•' :' ■^w ■'•■^■. ; --'-r ; 1 ' fm --■■■^ .■ ■ ■ . ! 1 ' ii 1 ' 1 1 i MH ^ • ,... > ; ' 'HhK ^ ■ ■'■,' 1 j ' '' ; H| ' '■'■ ■ ' lit! ' ''' hl'^ 1 ' ^H '> !| ^ ■ ' ^^R ".. • • '.■■,'■''' ' : ' ■ ".■ ■' '-i ': H' * Sect. 1, 2^- ■■■ ■ ' /^t; , 'm' A \f ; , 1 ; j i w; : ' . ' ?. ! ii 1 1: iifli ■ ;■:, • ;, \.u 'i 1 mt'i j ^m • '• ii J ii ^ip ■H ' i I^H j Dui ' iH^HB' ! BE ' ' ^ '^IR Ir , i S 11 > ' B " KH ' '1 ' B ■ 1 1 ' I'l .-■s.. m 1 juM h; I n iJ: ! ; i| ■ ij . '11 T, ' f (li: 1 '«♦ • i»ART n. 12 CAR. It. TO A. D. rsx European Tfudf. 4 W -*y-i :V. The Turkey Company. * Sect. 1. i Sect. J. THE LAW OF of England trading irtq the *Levant seas. The qualifications for admiffion to this Company were th0fe : they were to be mere merchants j and no perfoh rcfiding Within twenty miles pf London was to be admitted, unlefs he wi^w made free of the city. The fee of admiflion was by the charter of James I, twenty-five pounds for thofe under ' Iweiity-fix years, and fifty pounds for chofe above that age. The greatnefs of this fee, and the pecu- liarity of the defcription of candidates, were n; thought unneceflary reflraints ; ar4 by feat. 26. Geo. 1. c. 18. it was enaded, that every fubjeft bf Great Britain may be admitted, upon proper application, into the Turkey Company , upon paying the fum of 20\ pounds, and no more * ; and all perfons free of that Company may, fcpa- rately or jointly, export from Great Britain to any port or place within the limits of the letters patcntj in any Britilh or plantation-built fliip, havigated according to law, to any perfon being a freeman of the Company, and a Chriflian fubje. 178r3. inrdi'. Usnijes contrary to the I'rohi- bitiuii. THE LAW OF . be more convenient to difpofe of them firft, and then we may proceed to confider tlic eighth fec- tion.. ' ■ . .i Pitch is one of the. articles prohibited by flat. 13. & 14. Cai\ 2. c. 1 1, to come from the Nether- randsj.but when rclfitc pitchy the product and manufadiirc of Germany, was imported from Rotterdam, it was held by Mr. Il'arde (flf), that if it^had been the conflant ufage ever fmce the ad to allow it to be fo imported, that might give fome light to the intention of the law that this commodity Jjad not been looked upon as any fort of pitch; for If it was agreed to be a fort of pitch, he confidered it as undoubtedly prohibited., ''^- ■ The following, is another inftance where ufage was permitted to over-rule the ftrift fenfe of the wording in thi.s aft of explanation. This a6l pro- hibits the importation from the Netherlands and Germany of all wines, except Rhenilh. In point of pradice, feveral other wines, befides Rheniili, had been brought from the Netherlands and Ger- many, as Mofelle and Neckar wines. The extent of the prohibition as to this point was fubmitted to the law-officers -, and it was the opini^^/n of Sir Thomas Trtxoi\ .thai wines of the growth of Hun- gary are not retrained by this ftatute frofn being imported from the Netherlands and Germany: for, in his opinion, the exception in favour of Rhenifh wine extended to all wines of the growth of Germany or the emperor's dominions then- {i) 19th October, 1692. .:--*|fc"7 i-ljl^l SHIPPING AND NAVIGATION. I$7, abotits^: and was not to be confined to the ftfift ^ parth^/ literal fenlc of the words, namely, to fuch wines 12 car. n. to as grow on the borders of the Rhine, but muft be EuTvpecmx^- taken according to the common acceptation of the '^"^' ' ^ word, by which all wines of the growth of Gpr- many or tlxe emperor's dominions were generally called Rhenifh i which conftruftion was fortified, ' in his judgment, by the ufage, fince the making of t,;''*hi'v the ftatute, of allowing other wines of the growth:^;M^^, ' ■ ; , of Germany to be fo imported. , \ Sir John Hawles agreed in this opinion as far as regarded all wines of Germany j but hdv thought Hungary wine could not be importedf within the meaning of this aft, Hungary being »*■ country diftindl from Germany, though under the dominion of the emperor j and he thought Hun- 1 gary wine a casus oviissiis in the aft. We have feen the Legiflature by flat. i.Jjin. ft. i. c. 12. f. 112. have put Hungary wines, if imported from Hamburgh, on the fame footing in point of duty as Rhenifli wine, or wines of the growth of Ger- many ; which fettled the doubt as to importation from Hamburghy but left the reft of Germany and the Netherlands as they were before. But now, by ftat. 22. Geo. 3. c. 7b. xdnes being the growth, produdlion, or manufaclure, of Hungary, the Auftrian dominions, or any part of Germany, may come from the Auftrian Netherlands, or any plaLc fubjeft: to the emperor or the houfe of Auftria, on the fame duty as Rhenifli wine j as alfo organ- zlne throxcn silk upon the fame duty as if im- ported from Italy. M 4 By •-v- i t '!n t >: 'prj fS«t,i. ■j: 14 i68 THE LAW or PART II . ^ gy, the famt ftatutc, all rfrw^^* of the growth, ..f jucAR.ii.TO produAion, or itianufaftu'. of Hungary or Ger^ Eunpean Hiany (wHich, fays tf aft, had been theretofore Trade, iffually imported from Rotterdam upon the low duties), laden or Hiipped at any place in the Au' ftrian Netherlands, or at any port in Germanyi and imported from thence in Bntiilvbuilt fhip- w^ v- P'"o> are .to be taken as imported direftly from / ^r the place of their growth, production, or manu- facture, and are to pay duties accordingly,*. Silk and drugs are not arnong tiie prohibited articles ; and thefe provifions about duties are not ftrictly '«,. a part of our fubjeft j but th.fty are fo, combined with .the other matter of this llatute, that I could , not avoid mentionin^i; them. Grocery being one of the articles prohibited to be brought from the Netherlands and Germany, fomc annifeed imported from Hamburgh had been feizedj annifeed being claflad in the Book of Rates under the head of Grocery. It was con-^ tended by the merchants, that the parliament could not have meant to prohibit the importing of any article from the place of its growth ; and they concluded grocery wares to be, fugar v/hite and brown, fugar-cjandy and loaf-Uiga-r, fpiccs, and other goods manufactured in Holland, or imported from their plantations, or trade abroad -, and that as to raifins, currants, and other goods, the growth of other countries, they were fufiiciendy pro- hibited by the A6t of Navigation; that 'annifeed, being ufed only in phyfic, was not properly rated »4 grocery ware m tl)e Book of Kates j that grocery was con- ,,, SHIPPING AND NAVIGATION. ^rtdtry ware means what is ufed in a kitcKefl j and that many articles, as French and peArl barley, which are more properly grocery than aiinifeedi being for the ufe of families^ were daily imported from Hamburgh, but would not have been permit- ted, if the A6t had not been fo undcrftood. This queftion being fubmitted to iSb' Edward Northey (a), he was of opinion, that it was very reafonable to reftrain the general words of thjs pro - hibitioif to fuch goods concerning which there wds a doubt after making the A(5l of Navigation, whether riley were prohibited by that aft to be imported from Holland and Germany ; and not to conftrue ijt . according to the utmoft extent of the wbrds, fa as to prohibit any goods i:o be brought from thofe places (though comprized under the general words) concerning which there was never made any doubt. A doubt, fays he, had been made, whether the fourth fedlion of the Aft of Navigation prohibited European goods, or only the goods of Afia, Africa, and America, to be imported from any other place than the place of their growth, produftion, or manufafture ; and that doubt occafioned the provifion in queftion concerning Holland and Germany. And in regard the doubt was of Eu- ropean goods imported from Holland or Ger- many not of the growth of thofe places, and there never was any doubt concerning importing from thofe places goods of their own growth, and the pradlice having been fmce the aft fo to import annifeeds of the growth of Hamburgh, he thought it not reafonable to dillurb the merchants in making . fuch {a) 19 March I702r3, 12 CAK. It. TO A. JO. VJWX Evjopean Trad!. ■Yl ;-^ "•S^- •A -J* ;^-; /.-•• I i'.\ ! i i' ■if Trad), THE LAW OP fuoh importation ; v^hich to him fccmed not to be i«cAnTii. TO the intent of the prohibiidon. But he thought an- European oifecds wefe certainly grocery, being fo declared in the Book of Rates. In a more cxtenfive fenfe, Holland has been foi]:)etimes confidered as included in Germany. It muft have bceh in this fenfe, that juniper-ber- ries of Germany had been ufually admitted from Rotterdam on the low duty, as coming from the place oftheir growth ; and Sir Dudley Ryder (a) thought this ufage might be maintained, however he might decide on it, if it were res Integra, It is with the fame latitude in words, that the inhabi- tants of the United Provinces are by us called Dutch J which appellation b9lon|;s properly pn|y to thofe of Germany (/>). " ' ' - ; 'i ■^ Some French wines having been bought in Hol- land, by the Queen's direftion, for her own ufe, it became a queilion, Whether they could be im- ported from thence, contrary to this ftat. 13.& 14. Car.i^ And it was held by Mr. Powii-j Mr. Northey, and Mr.Harcourt (c), that her majefty might lawfully import fuch wines for her own ufe. They recommended that the importa- tion fbould be in the Queen's own fhips, a fign i'^'- (a) 26 May 1750. "^ {i) Germany is Deu'.chland, and a German is qalled ein Deutcher. Thofe we call Dutch toys are properly fo called, for they are made at Nuremberg in Germany, and are really Dtutck loaaren (or Nurnbergi/che -Txjaaren, as they are termed in Ger- many), though they are vulgarly fuppofed, from the abufe of the term in this country, to b6 made in HoUand, (f) 9 June 1708. SHIPPING AND NAVIGATION, manual being given to the captains and cc«n- manders dircdine them to rtccive the wines on i'i car. u. to board, bring them to England, and deliver them to the ftore-keeper of her majefty's wines. But Sir James Montc,;j .ic {a) declared his opinion, that he could not advife fuch wines fhould be bought in Holland, and imported from thence, con- trary to ftat. 13. and 14. C) I Au^uft 1^12, Hi 1 tfl^Hl 1 1 Rl 1 [Im 17^ . u i^Bm PARTH, I ] {'•: ^^M 'Hi '2cAR. u. TO ISr A. D. 1783. ■]!,{ n Jluropean B ■ h 1 '.. -i'l MB- i 1 'i mi' ■ ! H m , ■, ,. ■ , ■ i 1 m '-^... . i: i f M i \ ; 1 - w' .... i < > m ■■.'".-:■ "■ ■ ^ 1 1 i ■ • - ' if III ' -^ ' ;■ II . • ,/•.¥• ". ' 1 ' . . .1, ' ' ! m tl ' i ■ 1,1 1 i^U ( [ f cjU i:H ;i i^ m '\'l} mKt ; I'll P ' m ii \ , Qi ^ i •! i HK i a ■ . ; 1 fli' f\ '' , [i :■ K i • ■ , i ■'-' mm' ' 1^:1 n -''ipj . " i i^'i '■ ■ m^' ; • 'i , ■ i 1 1 1 . ' ; - 4 BrtiF 1 ' \ >^ i |Hh ' '■ P ^ V ; M: '1 ^ ■ I ' m ', [ i'» \ Imm W ffii , ^flH Mm n i . ^ ^^H w I'm 1 ll'.'i.i*;. ' ' V ' ^M ■ '"'■" 1 ' I-f ^ 'lii, ^ ; - JliJ ii,^^g^j / I ! I i V iB f> i ! '* 1 ,'■ Euraju: in J'ritde, itig in Shit the European Trade. lippi .'.;. THE LAW OF wine could not be imported from thence, uC \\m rcftrainfd by the prohibition of that ftatute. Thus far of the prohibition in the Aft of Frauds. Wc come now ti r.*;nfidcr the provifions in the eighth fcftion of the Navigation Aft. The only part of this claufc which has given rife to much difcuflion is that which relates to the (hipping in which this trade is to be carried oh. A DIFFICULTY arofc from comparing this and the ninth feftion with the fixth feftion of flat. 13. & 14.. Car. 2. c. II. and it was made a doubt, whether a Dutch-built (hip Englifli owned and na- vigated could import wines from France, or timber from Norway. And it was held by Air. Brbwney Mr. IVarde, Mr. Roger Norths and Mr. Pol- lev fen («), and afterwards by Sir Edward ?>iorthey (b)j that fuch importation was no caufe of forfeiture, but merely fubjefted the goods to aliens duties. By ftat. 12. Car. 1. a foreign (hip truly belong- ing to the people of England, and made free by the oath of the owner, as direfted by that aft, and manned with a mafter and three-fourths of the ma- riners Englifh, might lawfully import the goods in queftion, and pay only fuch duc'es as the im- porter of them in Englifli-built (hips (hould pay. Several other privileges by that aft are allowed to foreign-built fliips owned by Englifh, made free and manned as before mentioned j and by that aft fomc goods from fome places are allowed to be , imported (a) March 1689. {b) 28 November 1702. 'i'rudt. SHIPPING AND NAVIGATION. imported in Englifh-builc (hips. It was defigned by Hat. 13. & 14. Car. 2. c. n. f. 6. to Icflcn the m^^iT^ privilege' allowed to foreign-built Ihips, though owned, mace free, and manned as allowed by the former aft (but it was not intended totally to for- bid the trading in foreign (hips owned l he Eng- lifli) J and for .that ^urpofe the ad Hrcdted an ac- count to be trlnfmitted' to the ci 1-oni-houfe of all foreign-built (hips made fr . e ports of England; and provided, th v fuch as fhould be in the lift fent to tl .i'e, and by them to the court of cxcht ic Decem- ber 1662, (hould enjoy the privikj,. ot a Ihip bC" longing to England : " But to me, fays Sir Ed- " xcard Nort/ici/y it is plain, it did not take " away all the privileges allowed to foreign (hipS " made free ; for it did not take away the method, " direfted by the Ad: of Navigation, of making " a foreign (hip free ;" but as to foreign fh!ps not in the lift, and freed after December 1662, they were to be deemed as aliens' lliips j not abfo- lutely, but only fo far as to make the goods im- ported in them liable to ail duties to which aliens' Ihips were liable by the A61: of Navigation, and which are mentioned in the ninth fe6lion of that Ad. And it fcemed plain to him, the parliament did not intend that goods imported in a foreign (hip owned and manned by the Englilh, and. made free after December 1662, (hould be forfeited j for that was abfolutely repugnant to the conclufion of the claufe, btct shall be liable to all duties that aliens' ships are liable unto. An ■ ': •!:-•' .'■ I «^-,... i I IMAGE EVALUATION TEST TARGET (MT-3) // <- 1.0 I.I M^WIA |2.5 Ui 1^ 1122 ■M 12.0 I 1^ 11-25 1 1.4 11.6 < 6" ► ^:^^ ^ V ^ 7 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^%°^^ ^^.^^^'U ^^> ^7^ JShtopeaH 'IVetk. ,K' woAkiu!™ in cQun-ii'oal' gitat authority, that thel#ords'iri mis iedton vere meant to dccki'e, tn?it the dom- moditSes qf^Ruffia arid the ehuntwt^itcd *4rricl« Ihc^Hld be jfn|«)rtcd in foreigij? fliips, but that t^ey ihoida b5 ^ :f^' Iw tKc caic^jpf 5to« v.Sibhwafii^ whfcft-ha^- . p^encd ihij.Crw. 2. (a) it wis cdht^ided ^ the HEotinfci for the fcrown,^ and ^imitcelf and Veafon^d ' iipoh at ' length by the (OHief Baf'on Co^yni^ that the words exptcfling the "i^ipl^ id^Iiich Riiffia goods Ihould be in^bprtcd, such df belvn^io tht people i hei^ofi §c. muft irlean the people of Ruffia> and.not: the people of England} and that . the policy of that provifion was, that Ruflia'fhips Ihould be the bringers of-thofe articles, but they fhould be navigated by Englifh mafters and ma- riners j and com|>arlng it with the wording rc- Ipe^ing the importation of articles from Turkey, which requires the Ihip to be English-built y it was faid, that the manning of Ruflia fhips with Englifh mariners was a policy extremely benc- fieial to Englilh navigation, and fuch as both countries would find an advantage in j but that it it was forefeen, that Turkifh fhips would hardly be fuffered by the Mahometans to be navigated by Italian failors, nor would it be proper for Chriftian powers to condefccnd to fuffer it i and therefore the a6b requires in that cafe, that where the ma- riners were Englilh, the (hip alfo IhOiild be fuch. ; ;■ - ^This ■* % ,BuT fijrcl)f. a ycrjf' little verbal icrjpailm would have 4niw(i ^m thef^ words a di£fe^|j^ cdpib-uc** tion. 5or, in thcfiiik plaec^ it i$^i|?.ot orily the goods of KufTia that arc in qtielpioiip^^ alfo^vm- ous pther em^merated goods^ whi ht taken contraiy to the obvious method of traciing the antecedent referred to. For the words being, that no goods, <§'t'. of Russia, Sgc. nor any, masts, 8s c, shall be imported into England^ Ireland, JVaUsr, or Benvick, in any ship or vessel 'ivhatsoever, but in such as do truly and xsithout fraud belong to the people thereof, or some of them, ay the true ozvncrs and propric" tors thereof, and zvhereof the master and three-fourths of the mariners at least are Eng- lish, the naturd conftruAion is to refer the peo-- pie thereof to the laft antecedent, England, Ire^ land, Wales, and Berwick, and not to Russia. Lastly, {a) Coinyns, 684. FAIIT H. In ■ n H ^H 12 CAR. Ii. 19 1 ImI A. P. 1783< j!| i BiBW Bumean i m \ HI HI ,1 j ; } v^m n ^HM • ■ • . ' . ■ !■ 1 ^^^ t 'K^EP 1 ■ ' ' Rl I'i ' ' ' ■ , ■ ' ■ II • ■" '■ ■;■ ' 1 'I n.H ■ ■ ' ■■ "!i!i ; H IhH ^^^HH ' i ft 1 1 hI ' il B 1 ^ HP ■ ■ ' 1 i \ •' ■■■'■ 'f t 11 1 n^^Hji Mm B^ ■ -; -^i- . '^ 1 1 1 ' . w 1 i' 1 If i il II I ■ tlV' * 1 hHq 1 ^^n ^^.^^BTIi ii H: n ' iM'i il Hji ■ k JpUnaean -./V^y-i.-- *> ■; 176 . THE LAW OP p^Tii.^ t,AJTrty,ii^jOn.com\)armg this dcfcripdon of ificAiun.Tp the (hips,- ^ndtficinanning of theni, with other ' " ■ dcfcflptions of flijps in the (t^^e a^, it appears to be^ehe j&me form of words as is ufcd in various placed, in d:^e» forn^er part of the aft, to defciibc EnglUh ihipping. It is ufe^, in. the firft fcftion, to dcfcribc the flipping for the plantation -trade ; in the third fcftion, to dcfcribe thofe that are to • bring the commodities of Afi*, Africa,- and Ame- rica j it is nearly ^repeated in the fourth, fcflion; • and as much of it.as regards fhips, is ufed'in the fifth '^^ Xeclion delating to the fifliery j it is likxwifeufed in feycrai parts of the aft fubfequent to tht eighth /eftiori. Indeed this is the fenfe in which Ihis pro/ villon was undetftood on a' Cubiequent occafion. Jn tJic cafe of^Stett v, D*Achez, in 16. & 17. Geo. 2. Lord Chief Baron Parker lays dpwn the law in that fenfp, without noticing the deter- mination to the contrary, 01: that there was any 4oubt ever entertained upon the fubjeft ( , . latter ■i V"^v (a) Parfaer, 27-a^ • 'OKii' : 'y . ' .*.^>:-.-. 7>( SHlPPIN#'Ali[b,RAVr6ATI01»v ^ latter part of the fc^ibh relating tb'currantiibji^ xJ y^^P^ j' the Turkey-trade, or extended to tfit wholie # »« ^*t|flM* ^e fe^fon.' It l;irki maintained by the er6#Ai^ ^""^ ' lawyers iii the bcfbremeiitiohed cafe of Scvifv/, Schwaris, that it was confined to the 'Tltrltej^^^ tride j ^t thU wai oVer-ruled by the Chief BdroW Comj/Hs, Who^ ttcaiiy thougfk the ^^ejftJbn ex- tended' to the whole feftioh ; upon the cohfidera^ tiori, that the goods of Rufliii ahd die tnumerated goods, .as well as currants and the commodkies of Turkey, are all dedared 113 the ninth fedidn to be aiieiis'^goods, if they are imported in. other thah Epgfiiji fhtpping. - ' ,T^ E Danes and Swedes being at war, it be- came a qucftion, In what li^t prrac-ftiips 'taken by one or other of thofc powers fhould foe coii^ Hdcrcd ? Sir Edwatd Northey {a) was of opi-^ riion, that alDanifli fliip being taken a prize by the Swedes, and condemned in tht court of admi- ralty in Sweden, the property wa§, altered, apd [any Prltilli fubjeft might lawfullj^ purchalc fuch fliipj andfueh fhip being owrfed by BritUhfub^- jcfts might import timber fr»m Sw^deri; bu^ ". Swedes being owners of fuch a Ihip cbiild npif ^ import timber from thence, iuch Ihip not bdng of the built of Sweden ; which opinion feems welt' founded: for though prize- fhips with us are'fai;^ vouredlfn the fame inanner as Bridfh-built, this is by fpeciat'provifion in an aft of parliament ; anSL'- flothing -^rnilar being enaAed with regard to ihips" N >>fc taken , II ■■■*!^C\ X^) 24. Feb. 1710. Vu I ;tl i|; Mi ^?n^ jfta*i)5f , of j^fir being takc«;pr*^e„ c^iuipt jaaak^ ^j^fj^y reqijjircs them to be. H.iijiind ,j-jtW#iBJ« ^Kngli(h-l)uUt (hips were foldtfWfa- reigfiers, and aa^igated by thetny di^re^^tad been adifference of 'opimont andof pradice> ^>);the qualil^i^on o( Aich Ihips; fome holding,, th^t they w;a,.},,j,^;,^^ ■ v>.^<^^.w ;vu -^ .Such is the firfl opinion to be found upon this I point i but fome few years after we find Sir Ed-\ >w^rd Nor they delivering a contrary opinion (^): l%^i. ■ •' ' . .' - for ^'r (*) a May 1093. {I) 6 J^arch 1702-5. %:y ' EvfvfiBtn Ihlde. SHIPPING AMD NAVICAT|OK« ■ T^^ fBfR^lays itdoWn, Wiaioilt an/doubt or qoalifi- , *^^^ cattibhy'^hat wine ofAe^wth H»f-Iufy might aZ^^^'n nbtht iriipoitcd fr6m ' LeghoM Iri AA^'fenglifti. *' " ''"^• built fldip owned and manned by the fdlfiji^s of the duke of Tufeahy {for t)ie jpatliaiMkt did.nd'i in- tend that kriy foreigners ihbuld bnpdtt, unlefg in EngjHfii (hips manned wiihEnglSih, any gckids tvin6t the produce of their ewn-Hounitf, tx€tpt they biiilt (hips for importing them ; in wKkih cafe only, they are allow^ to import ihilt 0o<^i In dieir own (hips, manned wi^ a imiifttfr^'and tiirtc-fbtirths of the mariners of thcfr own cbud- tiryi but they cannot trade in (hips they buy, a^ do 'hot build.- ■-''.-^;- -■-^- '. .■•^^^■' '^^$0 tvherc an Englrlh-built (top was taken prt^e by die French, and afterwards was employed to ith^brt French wines, with a ma(^r and mariilers fnnch,ST^ Edward Nortkey Mid thjeimpdrta^ 0bn to bc^ontrary to the Aft of Navigation (a). ' *' Ttits opinion of Sir Edwar^Northey feems not to have been maintlained by his fuccedbrs without fothe mixture of doubt. Thus in 1746, where a Britifh-built fhip, the mafter and mariners Portugue(e, imported fruit and oil from Portugal, Sir Dudley Ryder and Sir John Strange, who were confulted on the legality of this importation, thus, exprefs themfelves : It feemed to them a cafe wherein, by the letter of the aft, the (hip and goodis would be forfeited; but they were not fo dear, that it was within the intent. The end .'■V N2 ^J i'-^vj^v";:St ,■> •*' -K^t ■ 6 4 :■%.:■' V *V ; {a) ,zo Pecember 1740. < . ■ • - ' 4 V I*- .v;A*. ,\\ -%■' -.'•Js "■tti. '••It, .'' c r .r^> ' .. - ,v .. ^ • ■- " > ■ IHIPPINO AND NAVK3ATI0N. fboiild be Intitlcd to the like privilege, taking the encuuragement of Ihip-buiiding to be the fecond isicaj^ii.to condderation of the a^. For, m the prefeot cafe* ^uu^an our own timber and workmen were eiti|Joyed, aiidr we had the benefit of rigging and furniture f whereas, if (he had been French-buiit, ifae would have been duly qualified to have imported thoibw /^' , articles, and we fhould not have had-^e advantagit of building and equipping. . To th^fe objections it was anfwered, a6d~re- ., folved by «the Chief Baron Parkef'^: that tht^ '' ^cre indeed fpecious, but wertf founded on afup^ ' poftiign, that we could have prohibited the impor- tation of European goods in foreign^ bottoms; bue as that could not be done with fafety to our traded, the force of the obj^^ions vanifhed. ,." ^ It was feen, faid he, that many countries in ^urope, as France, Spain, and Italy, could nitore eaftly buy Ihips than, build them.:, that, on ' the other hand, countries like Ruflia, and others in the North, had tin\ber ^d mateiials enpugh-fbr building Ihips, but wanted bailors. Itjwasfrom a '^ confidcration of this inaptncfs in moft coumdes to accomplish a complete navigation, thatthc parKa^' ••** mcnt prohibited the ii ,.ortation.of molj European j goods, unlefs in Ihips owned ahd navigatjcd hy jl^nglifh, or in ihips of the built of and manned I by failors of that country of which the goods were the growth. The confequence would be, that foreigners could not make ufe of fhips they bought, thougli Englilh fubjcfts might. This-would force [them to jiavc rccourfe to our fliippingjand the .■C ivfv . . N3v^.l^;,,/;fc^'; general. I- .';v-r- ■■-■■■•■ - V^#^^&>';^'",V. '■■-%%. r^*'-^-"Lv"*^'"''/^2lli. _-,tj%«A-4aj«.**, ^iCi \, ..|>li l »l)il >tt ( f*Mi i '* 'v 9r* d ' < iii^iii *'t a >> " ^ «•«•■ |8» tWl LAW 0» ^f'^yy. general, btent of clieadt, to iecure the carrying- ]»eA«,n.To trade to the EnglUb) would be anfwered, as far '^i^Miii ^^ *^ poflibly covlc}; "On the other hand, if foreign ^'^' property had been fufficient to Qualify fhip>» fo- reigners might haxre bought fhips wiiere they pletfcd, ai^d manned thfm with theif own Sailors j and then not only the ficight, but the employment of our faiiors, would have been loft to England} and prevenring this mulEk greatly counterbalance any idvanbge that could accrue to England from ihe building and equipping fhips for foreign ufej which tooj being a fecondary confideradon in making the a£t, was not to defeat the primary one(«). - Thb Chief Baron remarked, that with all the defire the parliament had to encourage EngliOi ihipping, and notwithftanding they had, with thai view, required the produdtions of our own colonies, and thofe of Alia, Africa, and America^ to be im^ porte4 only in Englifh ihipping | yet they wifely forefaw, that if they reftrained the importation or cxportation of European goods, ynlcfs in our own (hips, and manned with our .own feamen, other States would do the fame ; and this in its conrei> quences would amount to a prohibition of all fucii goods, which would be extremely detrimental to trade, *and \n the end defeat the very dcfign of fi r aft (A). This expofition of the Aft of Navigation j is certainly the true one. 'DOUBTSI ■':^-.^ I V iL V '•^^.-•^'^^^'¥#(tf) Parker, 30, &c/ " {h) ibid. /-./,- r-'.----.:. \ ' L- '*«• wr- IHIPPINO- ANp N^VICATkOir. tf^i DOUBTS' had arifeni whether jketou9i6ry or '^^T-^vt ^Mcf' where foreign (hips wert built lb as co>rbe propefty qualifiedtmderthe jcx'cejdtion in the eighth, ieftioiii wai lb be conftrued iri a iiKdre)e9ttenriy^€ri more limited renfes whether it:d«peh the practice of the cuftoitt^^oiife was x/» confider the third and fourth fedtions geographic callgr, and to give the words country and • plact ' there* ufed a very cxtenffve conftnidtion. Thus goods of foreign pkntations in America had been allowed to be imported from the* Bridlh colonics $ the produ^s of one part of Africa had been im<* ported from another part of Africa, and they were ' ftiH deemed to come from the place of their growth. '^ They urged, that the conftrudion of the Prohibition in the A£t of Frauds (which was faid ■, J to be made for explaining the Aft 6f Navigation) had been alfo geographical j for that claufe had been underlbood not to affedl fuch othef countries, . ';' not in Germany, as were fubjeA either to the em* pcror, or any other fovereign prince of the em- pire. . ' '.:■ . ■fp,'' i(it"".. ,'V NoTwiTHSTANDiNQ thiis rcafoning, it feems^ ?, to have been the opinion of the crown-officers ' • • ;1 very early, that the conftruftion of this aft ihould r :] turn upon fovercignty, and upon a fovercignty that exifted at the time the Aft of Navigation ' '.* ■' '/.^'B'; '' V ''^ N 4,,:^-'N,i' <■. , :■ ' ■" ■ was ■ , " // 'f'%:'' .r'.V'-. \) ■■■■S^«v.r:-' V;^], N ■ 1; ! 4 4 i 12 CAR. II, TO A. a 1788. TrS,. I'M iru miAt» ' Tbb tppeart firom the following cafe. Thb king oC Sweden having fubdued, and being in poUflHton of, the whole .dukedom of Courland, receiving its revenues, and doing other afls of fo. .vereignty* ibine tar ofihie growt^x of that .country was imported in ^ Swediih-builc Ihip, owned and manned by Swedes, from a, port iii Courland i and £ir Ed. Northey^(a) was of opinion, this im- poitfition was not legal, as the king of Sweden was not in pofleifion of that country at the time when the A&. of Navigation was pafled. - Tnb practice of the cuftom-houfe feems to have beea formed partly upon the idea, that the fame Sovereignty coniHtiited the fame country, without regard to its having been fa at the time of making the Aft of Navigation, and partly with an eye to the local fituation and geography of places.. Thus we are told, in the year 1757, that Danr- »ic Slips had, time out of mind, been lireighted Krith goods from any port of Pruisia lor Gj^at- Britain or Ireland j and the limits of the country caUcd Prussia had been confidered to reach from t|ie port of Colberg on the fouth-wcft, to the port oi Memcl ot^ the norch-eaft of Danizici. and ac- cordingly Dantzic (hips had imported goods of Memel and Colberg, and the intermediate ports i and fliips from any of thefe porijs had brought to Great-Britain Dantzic goods from Dantzic, in the fame manner as Dantzic ibip^; and fuch Ihips ./'";• Si-/-- i (a) 19 May 1703. jrfS^.- ^\^ ',.'''A\ )i SHIPPINe AMD NAVIGATION. lowing I ihips had, - ^without any difficulty, been reported Ml PAIIT IL II. T(> 2>aifc. * ^s belonging to th^ reftl port to which they be« ^'^^^^ longed, and the cargoes as brought from the place ^umi,em from which they really were brought) apd all.the "^ ' ports from Colberg ta Afemd had been in thia fanner deemed ports of Prussia* But in. 1755 a carg(f from lylemel arriving at Liverpool in a Dantzic (hip, a doubt was ftarted as to the legal- icy of the importation} yet 6n application to the ^ commifnoners they directed the collector to admi( the goodfto an entry, and the fa^ne was afterwards done with regard to other fl)ips. But the commiflioners caufed this point to be laid before the law-officers, in . prder to have the law updn the fubjedb thoroughly. afcertained 1 and we find, inAugud 1756, the following opjnion of Mr, Murray y then attorney-general {a). He held, that the words country or place, as well as the fcopet'ind meaning of the aft, confine the in>> pprtatioh to fuch foreign ihips as are built at and navigated by the people of Mcmel, or fome other part of, Ducal PrujTia. He did not take the reafon of the exception to have been geographical but pohtical i becaufc we could not hinder the people of any country from carrying their own commodi- ties. This reafon he thought did not hold as to importations in Englilh fliips from Afia, Africa, America, or clfewhere j and therefore in fuch im- portations greater latitude might have been allow- ed. He Qbferved, diat the mafter and three-fourths of , / r..l, '..fL^ (a) 19 AuguH 1756.] i> .: V; V'. 1^ I ' '1 .;;,...?•■ i» , ""( ">^^''mi. -> . ■ .ft I 12 CAK. U. TO THE LAWotv^nrwi -^ of th» mariners mqft be of the tburitiy or place ; btM: i>tte^ri^rt^«ire tlHs iucceeding ki^officers^f ^n d^fiit/ery and ^r. jp0rA:e (a), wl^d declared they concurred m opinion i^ith Mr\ Muvraj^^^s^^x. goods the growth, produdb, or manu^urfrof D.ucal'Pniffia could not be imported in ihips belonging to PoHih Pniflia. .'■■■', \'W.;«i>qqe ■';! A QjJESTioN of this fort arole upon a ca& iHH more nicely circumftanced. Tiieprovinceof Eaft Friefland came to the king of Pnifih^^ill^.: inherit tance, and he had been in poflfcffionbf it fbt'iabout thirty years. Stettin is a partof jyuffian Pbme- ranta. The inhabitants of EaiftFiriefland and Stet- tin are, therefore, equally fubje^ of piTu^ia, ^and navigate under Prufiian col^MifB, " It iK^iSvmadea question. Whether (hips of £^ Hnefland might import timber from Stettin and other 'Pruflian ports ? And it was held by Mr* ThurhWy then attorney-general, that the apparent obj^ft and exprefs provifion of the A£b of Navigation was to take fi'om the fhips of other nations the employ- ment of' carriers to this, permitting them however to brin^ in their own goods, either of itoanu&6;ure or produce. The circumftance of one country, which was fevered in 1660, being united by con- queft or defccnt, did not fcem to him to chiuige the law of England i but the fubjefts of that country 1 . {») 5 May 1757. .7'\ ■.': *>: v,> $HIPPINO ANl» NAVIGATION, ^7 counny woidd fUU Jbe cotifincd to th^ ini^itation .^^l"*. of their own prcducc or tnanu^t^hirei oidy ; for is cm. n. to which rcafon he thought Eaft FrKflsindy' tmder £*ro^«,*. the circumftances above. ftated, was not inttded ^''^' tpv import tittiber the growth of the reft ; of Ger« tamp ■■'»,■ '^^liVoAiN, wh^e a ikip of Stettin brought timbet frdim Memcl, and Mr. Thurlow was again coK<7 iidlced on this point, he faid, generally fpeaking, it appeared 10' him, that two eountries, which iie^Kne united under one fovereign by defcent or conqiieft, prefervihg however, in all other refpe^ls, their feplr^te charter, are not one and the fame counti^, in the fenfe of the AA of Navigsdon: as, if Spain wdtht Netherlands fh^ fcend to the fame priiice, they would ftill remain diftin£l fdr t^e purpofe of trade, and no Spanifh , . fitip could intport; hither the enumerated articles frarabftcndv.; Bat perhaps two countries might be fo united by changing and new-modelling their conftitution^ into one, as to bring the whole with-, . ■'^, io the deffcription of this law ; as if an union were eftabliihed fimilar to that which makes Great Britain one kingdom. *^ ** But thefe queftiops wer ^ at length determined sut 22. Geo.3. by a provilioii in ftat. 22. Geo. 3. c. 78. by which i&. a remedy was applied to this and other fuppofed defcfts in ournavigation laws. It was therein enadedj that any perfon might import into Great Britain any fort of timber, or of the faid articles, from any foreign place in Europe, in a Ihip the property of fubjeds under the fame fovereign • ■' i ■^ii'%' c. 78. Lf. '^-. ' ■J'if.,\--^ '-: ":.!.. (• .'A.' -•UPB^'i""'" •\ THE LAW or li CA>. ii. TO A.S. IIBS. European Trade. * Sect. 3. i Sect. 4. OftheConntry of tlip Master and Marlncn. ibycreiga^ ^9 :^p,uptry of wjiich fuch goods arc tht growth^ produ^, or fnanufadture hough the (country or place where j^h fhip>^^ buiiti or to which fl^,^e/o»^j, wes not un^^rthc (domi- nioi|( of, fuch fovereign at the time pf pailuig the Adfe of Navigation t. But fuch . gocwds arjc liab^ to ali^s and all other duties^ a^ before jhis a^ f. By this proviHon a doubt refpedting countries that were diftindb, but had the fame fovereign^ was re- moved. Secondly, It was the property, and not the built, of the ihip that was to be regarded. [J'hirdly, the property was not confined to the very country or place of produftion, as the built was' by the old'lawj, but might be of fubjc£ts under the f^me fovereign. , ' . ^, The immediate objeft of this proviHon was to entabl^ his Pruflian majefty's fubjedts to import Pomeranian merchandize in EaftFriefelai^d ihips. But it led to confequences of g^ter, e^ctf nt j and it was found necelTary afterwards^ to corred this iimovation upon the Aft of Navigation, by a pro- vifion made in flat. 27. Geo. 3. as will be . feen hereafter. The requifite of the maiter and]: ihrce-. fourths of the mariners being of ike jfiid coun- try or place led to feme difcuflion. Where a Dutchman was mafter of a Dantzic fhip, and it appeared that he had been made a free burgher of Dantzic, Mr. Dodd was of opinion, that this qualified him fufHciently to be mafter {a). And ,.■ ■• on {a) In 1706. •I I.." ; ;w ■' TVadK, SHIPPING AND NAVIGATION. on a fubfequent occafion-(a), Wfif re a RufTian fhip ^^art^ii. ^ was navigated with; half Englifh, Dutch, and i^cak. ii.t* Danes, who were ^Hedged to have been married \unptai in the Ruflian dominions. Sir Edi! Nbriheif wzi of opinioh, thftt fuppofing thefe Englifli, Dutch, iiiDanies, to be fettled inhabitants in Ruflia, and naturalized there,' . thcjr were of that country, with- in the meaiiing. of the Aft of Navigationi Not* withftanding thefe opinions had fhewh, that gfeat latitude was meant to be allowed in afcertaining this qtwlification, there was afterwards a difpofitidii to contraft the meaning of the dcfcription. This point wi|$ brought forward in the beforementioned cafe of Scoft ». D*AcheZy when it underwent a "complete difcuffion, and was- finally deter-' mined. ' ; . In order to afcertain the extent of this d^lfcrip- tion, it was- -upon that occafion confidered, that the reqinifiiis,'- whin .applied to Englilh fhipping, that the master and three-fourths of fke ma- riners sfiotild be English y was explained by the aft itfclf. Thus, in feft^ 2. it is faid, that no alien haxTiyMnless naturalised or made denizeny (hould ufe the trade or employment of a merchant or faftor in'ljhypart of his' majefty's dominions in Afia, Africa, or America. Again, by fcdb. 6. np perfons are to load for carrying coaftways goods on board any bottom of which a ftranger born is owner, unless he has been made a dmizeny or ken naturalized. From thefe it was collcfted, ■:..: ^ " that ..-•c'^ I ■•'('^■H {a) In 1712." ■I ' f ; t M t il ■ tin LAW OF that none v/kn to be efbeemed English, "vnkWin lacAi'.i^To the meaning of this aft, but Tuch as are natives, pr are naturalized, or made dentiiscns i frofi^ whence y V ■w .■-J-'^^rt, it ii;as inferxtd, that the words those of other Countries hting fet in oppofitioni as it were, to the word English, the ipariners fo deibribed ihould be natives of the countiy, or at leaft that which is tantamount. . Others faid, that thefe words did not feem to be placed in fuch defigned oppolitibn as to call lor the above inference ; that the law in this coun- try rel'pefting aliens was of feudal origin, was pe- culiar to this country, and Was not a meafure to be taken for, determining the law of anjr other country, and prelcribing what ihould denominate perfons to be of such cqunity. If we look into the aft itfelf for afliftance, we find, that the fec^ tion now in ^ueftion fpeaks 6i fhips beionging to the PEOPLE of those countries, and then go« on to require the mafter and three-fourths of the mariners to be of that country: it feemed as if it meant to fay, of the people of that country. The fourth feftion, which fpeaks of fifli usually fished for and caught by the peopli of Eng'- ■ land, Ireland, andJVales, muft denote the inha'- bitants of thofe countries generally, whether na- tives or not. The fame Where it fays, fish when , imported into England, <§'C. ^lot being caught by vessels belonging thereto, . nor cured by the PEOPLE thereof, fhould pay double aliens' cuf- toms J it muft mean the inhabitants thereof ge- ■' nerally j for it could not be fuppofed, that if the ■ ■ r '-^ "V' -/ ■ . • • > * was pc- afure to ^ other lomtnate ook into the fee- etongin^ then goes IS of the ned as if 12ete. ii.Ta A. D. 1783. EttropKot SHIPPING AND NAVlGATIOlf, . I9I fiih^Cff cured and dric4 by natiVel not ii/l^skn- , y^^T "» tu\tS)£(i^fyk wpuld «xp\|fed by the double idtuties. Ag^jnt ^fixteenthiirf^onfpeaks otjish^awgkt by fHB vtofLfi (^Scotland ;^wcd it be ipnquired»' Whether fuchi-fUhr were caught by the natives of $cQtknd» ^,V^pH the whole, it was judged to be the defigh of the a6t, that no foreign (hips (hould import an)^f the goods enumerated and defcribed in this f(;[&ion, if marinfsrs wete brought from any fo- reign . kingdom to ns^yigate them. It does not* pF^cifely define who (hall be the people of the' country^ but certainly gives a larger fignifica- lionthan what can be meant, by the word na- tives (a), ^; SukCM was the reafoning upon this exprelfion in feftion 8., in the cafe of Scott v. Schwartz, be- forementioned. This^ was the ca(b of a ihfp, Ruf- fia-*bi)i|t» Irom Riga, navigated by a mailer who was bom out of the RulTian dominions, but who liadj feven years before, been admitted a burgher of Riga, and had ever fince continued fo, refiding thert^ :?ifhjen not engaged in voyages. There were eleven inariners, four of whom were born in Ru01a ; the fifth was born in Ireland, there bound appren- tice to the matter, and as fuch went with him to Rig^; for- three or four years before the fcizqre he ferved on board this ihip, and failed in it from Riga on the prefent voyage. The other fix were bom ou^ of the dooiinions of Rulfia; but one . H ::f ^* v^;" '^^^ ''""^ • ■ ''> ^ '■i^-'^'^' "'^'A ,^ vH «^r - ^ (/t) Comyns Rep, 686; 687, 688. ./; vs.. V' TUSie PARTRB.^ ^^ refided at Rijja fiwr d^ydrAAfptl lic(or^,iib^; ij«^* anocl^F ftrtR^^ydars j> and / J^nrow Covmfns. wasy jofii /^iivA()^ thac the mafter being a burgher, andlx^ing l^keijl ' aDf oath of allegiance to the einpp^» a$: w^$ ^9ft^ Off the triaJi there was hardly any-»thing,jm^ii„^ ge?ftt than this td dcnoniinatc a maAo/fi waa ng< "-•iiUfUW '.-..-;*., Vi^ ' '■ ■ •■■■' ' Wve manner (6), as no fuch con- ftnidtion (fays the report) appears hitherto to have |}een made.Of the a£t. , > On the other handi where a Scotchman^ who had been made a burgher of Stockholm, was the mafter of a Swedifti ihip,^ navigated with SwedijQh manners. Sir Philip Yorke (c) apprehended this Q would 'fi! (a) Com/as, 689, 690* 691. ' (r) s Auguft 1731. <^} tbt<1.693. 12 CAR. A. D. Iviropegn would 'ndt intitlc him to be confidered as a Swede jjj". to in Qreat Britain, his native cp^fitryi with regard to his own country, he continued ^ /iigpural-born Britil^ iubje^, and would, in his ,'0|p|nion, l^ill continue a good British mafter to navigate a Bri- ti(h- built (hip with Britifh mariners^ which feemed to fhew that he could not be confidered here as a Swedifh mafter to navigate a Swedifh fbip* But as this was a new caie, he thought it would be hard to take advantage of the forfeiture. t If a ihip. comes out of a foreign counoy pro- perly manned, and the men die in the voyage, and others of England or Holland are taken in to fup- ply their places, this cafe of neceffity will prevent the forfeiture. An allegation that the mejrt dcr ferted, is liable to fufpicion, and is not fo likely to be received as an excufe. It ihould feem, that if they were not full three-fourths mariners of the. country, and the mafter properly qualified, when they came out of the country or place, nothing 'that may be done afterwards to qualify the naviga* tion ought to be admitted. Having thus taken a view of the import^ioir of goods from all parts of the world, , wc come; | now to two confiderations which apply to all the foregoing trades -, namely, to the exception whicli, in the opinion of lawyers, it was judged proper | to make in the cafe of prise-goods imported con- trary to the rcquifites of the Afts of Navigation ; and, fccondly, to the nature of importation, and what circumftances hay,e hejm .deemed neccffary to con- m ^v .1 n cfkt. It. to A, 9. vna. on which, d proper )rtcd etm- vigation ; liion, and cccffaty J<^ con- SHirPtMO AtfP NAVlOATfOK. eonftitute a cranfaftion on which f6 mi6ch hazard of penalties and j^brfeinires depends., It had been an eftabltlhed do V O 2 Thus («) I March 1757. * <§> V • I ■' ! ■ : 'J>ik. j^ji . .^ ■■ '^*etit LAW diH' Mnwlrjq lu fai ,. \^^jyi^ l^ttvi'tar may pH^e-g6ods hi cohfideted upon ^^iw 8^"**^ rcjii^'^'^gJ b^Jt * Jhdrtcr anl\vc^ to fuch £i»»pMi* flucftip*** w, that prizc-goodji , art fpecially ex- cepted by ft^. l^. of the aS of Navigation; which provirion is not referred to in any of Che law "oplpions on this point. ^ "^ '^''^'' . ^'.'^ YiT where goods the produft of a Btitifli plan- ^ tatioh were taken prize by the French and carried , into' France, and the merchants in England to 'whom they had been configned, meant to purchafe them'if they coiild be permitted afterwards to im- port them, Sir Dudley Ryder (a) held, however i reafonable this might be in itfelf^ the Aft 6f Na- vigation was fo plain upon the point, that if thoftl :.^ -goods (hould be imported from France; they would, in his opinion be* forfeited, and the cotfi- , miflioners licenie or warrant to admit them to an entry, as was propofed, would not difpeiffe wltb| '',' the forfeiture. ^'^^^^ '^ .. ;;;;;;: ""^ :■■; ^;^;^'" " Vi, ^, ^^ carrying intdcxccution tsK^lfe laws ofnavfga- . tibn, it became material to afcettain what amounted to an importation. The following cafes \ ' throw fome light upon this point. ; • At a time when the impOrtandiT Sf Frcndil , goods was prohibited, a ihip laden with Frencii| wines from Spain to Ireland was driven into Ply-I mouth by ftrefs of weather, and it was fubmiitedl to the law officers. Whether this was an importal tipn ? Sir Robert Sawyer delivered his opinion,! that where a fhip was bound to a foreign port,! Whal if on Iiapi>rtatIon ? i- and in p into 4a J but whei witli a ^ in her c fhe put ii feicure. pccaApn, dif^rcfs c this.proh isnotcxgi upderiloo allowed in is not to b fides and (hat takes In this caj a purppfe ifi^tjic cir place ihfte befides wl tended.; a ifai^ipd Ifle of M from extre '>u: But th jjminfnt li ^awyfr(l («) 5 {a) 14 May 1745. ■-' / SHIPPINO'AND NAVIGATION. and in purfulng hei^^ouife to (tich port was driven into mi Engliib RO't, « would be no in^pprtstion ; ^^"J^J^ but wher^ (he w^s pound iX)^EngU(hjiort, ^t^^^^ ''*'%'#^ witf! a ^cHgn to Isuid the gpods inEnglanid, aiiil ^^T*/ ifi her courfe tl^it^er, byt by^ftrefi of weilierif . .\ ihe put into another port, he conceived it a ijbr-. feicure. Sir George Treby {a), upon the fame pccadpnj fAys, a mere involuntary impordng by \ dii^rcfs of iiireather is not an importation againft this prohibitory a£b j for though fuch importing is not excepted by exprefs words of the a£^, yet it is upderdood to be excepted by that equity which is allowed in interpreting ftatutes } but diis exception is not to be c|](tended to cafe's, where there is ta mala fides wA a pofitive intent to break the law, for Khat takes away alj^itle ^o fuch equity and favour. In this cafe there is, an importation coupled with a j)urppfe to break the law, for they only differ ifi tjie circumilance, of going to one prohibited place ihftead of another; but the fubftantial part, hefides what happened to be done, was adlually in- tended, » and it was in his judgment no better than if a H^ip delignini; to bring French goods into the Ifle of Man, orjerfey, or Dartn^outh, Ihould, from extremity of y/eather, put into Liverpool, or Quemfcy, or Plymouth..." ,^:, ■^,,v^K£.l^^.^^■|T^*..- BuT this cafe was fubmitted to the^opinibns of eminent lawyers more than once. Sir Robert Sawypr(b) gave another opinion, where be de- jfl^ts^ that the coming of the ihip into port by (a) 5 March 1691*2. /|t;n> in '.>:!>: {i) 28 March 1692. >Cit Y^M f • >> ,'> ■li 1 1' i^^^.m /■ r. . ■,.1' •fi'. V ■ - V - » ■ , *■ ■>!,■■, I 1; i ./»• , flrds of weather is M importttion ii4thili Che s£l { and the intention to go to Irehind could work no forfeiture. Afr^ Comtuntine Phipps ilfb held, that ahhouj^ the mailer's dedafatton thatr he was bound for Iitlimd, was an evidence that he in« tended to con^hiit an Offence againft the prohibi* tory aft, yet fuch intention (hould rtot fUbjeft the ifhip and goods to forfeiture % for the increhants and oWiidrs might have altered their voyage, and crdcrtid the fhii^ to fome oth r port, and a bare intCntibn to break the J. f larliamcnt is not punifh^^le 1 ifor can re u'teiiu^tt make any al<* teratkJ^^ ih this r.fc ii. / flncfs of law, for the dnly point hi HT c pon the information would be, H^hether ^e goods wrr^'impoHed contrary t6 the act ? artd he never kritw that the comirtg in of a Piip by ftrefs of i(reathef was ever conftrucd an impOrtatkiH. Mr, tVarde and Sir Francis Pembert0n both agree in holding the intention togo tolreiatld as not altering the cafe, and that the Coming hi by ftrefs of wtftther could not be an importation. '-^h -roCeed upon ; and he feems to have paid no rt* fJit tion ^'1 ^'».!i f») 1 8 September 1731. •". - r.. SHIPriWdrAND NAVIGATION. tloA o^ thfi mafterf wKo allcdged hi wis boynd for North Bepgeiv AflAfN) where a Dutch (hip was ftraocied on the coaft o( Suilcx with goods the produ<5b of Su-^ jinani)! A// Phiiip Vorke (a) wa» oC optnipn, that th< rroods might be admitted to an entry, if the commiflTioners of the cuftoms were fatisfied they were- fairly ilranjf (U without any fraudulent intent to evade the A6k of Navigation ; for "He pFohil^itiop in that a^ was not an abfolute proh bicion of the importation, but only a qualified one, as in cafe they were imported in ships not duly navigated, or from any place not being the pUc< of their growth> produ6tion, or manufa(5>ure, r from the ports where they had not beer. ufuaL^ firft ihipped for tranfport^tion ; and ftat. 5. Geo. 1. c. II. f. 13. has declared ; U ftranded goods fhould be liable to the fame duties, as if they had been regularly imported. A9 to the frauds that might be committed under the cprourof ftranded goods, the commUTioners might always exercife their judgment, whether it was a cafe where the goods Ihould be admitted to an entrp% ♦.;. v.. v^/^^ak ^; -it- Where a prize-(hip laden Mrith fugars was car- ried into Montferrat to be condemned, and was from thence,' without unloading, carried to Anr tigua, this was held by Sir Dudley Ryder {b) not to be fuch an importation at Montferrat as to fabjed the fugars to the duty irr pofcd on the im- portation of fuch fugdrs in that iiland. .]!^,>/j < j '.; , -'jjt * O 4 Before {a) zy Novembtr 17*9. {i) 5 Juwe 1738. jj iM Hi >99 1 IP H PART II. lu H 13 C*l\. II. TO ' M flW . ;B 1 i'il'l' ) IB . illH u 'f.. -•'':••' ' 1 Hi R ' 1 1 i-r 1 ' ' il ' ' B " 1 m i ' ■r 'i ': K ^' ■ ' m ' ' 1 ^B ' !'• '^i ' I'm " - ■ i P H A.D. 1*783. ffttropem Trdd:. 'i'vf •.,p Before the HoVefing Afti #hen fiiifl!ll>V«flys is^TTT^ ]oade() witH hnndy uiitd cb^ icO(ti«)incff' pbrf.Wi'tbt nighCf ite iBoderaEiig ,ti^^tth^^, %fthdtit ^w^ fiVfgm jiecefllty. Sip SdwuPU ^4^rA€:^o(ls ^lUrte into ]v6rt^Wiih intent to unloa4> iuch GottitK^' iA'^buldobc^ iftiportation, although no bi>ik:%ef?te veJW any of the goods.. On a fublequent' «K3itttfioiii^t was hid down by Sir Dudley Ryder^ky^^titiix. the fnere coming within the limiCT-^ ^ptStVf without any intent to break bulk or uhladev^irnot^ookibd upon as an importation within aAy of ''the ''a£ts, either to make the cuftonis becdme du^^tnr ^b* •jedt the fhip or goods to forfeiiure, or: td'uJbiige the mafterto report or mike an entry, or tortip* "e/qjiire a Goa^-cockct. ^;u'i ,'^:v/ „.;7covi-:c>ii3v; ^i^ Upon this head of mpor/afio^itherr aw a few, and but few, determinationsofcouftsi"'' There ' ^as an information of fdzure of- goodi iit a (hip , - that was twenty miles below the .fiio|pc^ '^ut within I i^i-»i>^n'!> < \q •"WttERk a fliip carrying teas from Oftend to I ^ '^(boh came into the port of O^es to mend her ' bowlprk> fhe was fetised ^by the olficeisi after I -.-p- .■?iib:n//t>/i:l ■ -ri -••i (^) ji(6 December 1716. (i) 19 April 1749. ' ' (cyBfi»b.>9. which ■i\nv' fo •>*^ JilWch ^fife 8O0«|s ^K i|Ttt)!bby dlefftilors, -The d^^AM^nB^roir ;(iri^M becaM(« ^'^'^ ;iifccrjth^ fi^i^urC: the (hip was in th^ powjcraiiid nGOfKtotiI:of chfs officers r but ^he jury gavc>ycr^ •dii6t,Cbr>lb9 forfeiture^ thvikiQg the coming inio .{C(9d0r¥fm^^ooly a pretence* and the rtmning qf^ ,'yit!fWf!rf»dedi«cd.,^e,fi^ intent to.havcbtcfin •»rj Ir^ipd been .iiTuil on the trial o£. informations lifer fprleitin^ goods illegally imported, to pro- tid\ice'.the tnafterr of the 0iip as a witnefs for the defendant; and no objeftion was made to his competency (efpeci^ly if there was no inform^tio^i :i()^6)rfeiturc of the ihip) till a cafe which hap- .pencddn, 17a j, when it was infifted that the lhip> as well as goods, was forfeited ^ and the objection .vwft hold to bergood. Accordingly in 1724, at ythe ;triat;of an information on ftat. 9.1 & 1 0. fVUL 3. ;ch. iQ^ f. jt ;for importing India filks, the mafter iif'th«»fliip being o0en^ asdwitnefs forthedcr (fendant, he wa^ refufed by. Z^rd, Chief Baron 'JSyr^e^bftoaufe^ Although no pr6feeution had yet :|»eeQ leomm^ced, he was iiable toone (c). ,.a;>>^* I»f the c9kQ(J4k V, Vameck it was contended for the defendant^ who was profecuted for bringing gocvds from Rot tar dam, not being the place of jtheir growth* that the goods were brought either ^ thip pMr<^ng^rs«^ or' the mariner^s with9ut die Unv, ' , knowledge (^ Anqo 171^ ,^^(^). |«nl?!.ji36. (f) Ibid. 140, »6) PART It. It CAR. IT. TO Europmn THE LAW or *■ knowledge or privity of the mafterj ai^d it was hard to fubje^b the mafter, and itiuch itiorc the owrfer^ to a k>(s for acauf^ of forfeiture which they could not prevent { and they relied on itat. 27. Ed, 3. c. 19. and ftat. 2^. Ed. 5. c. 8. But Lord Chief Baron Pengelly faid, his prefcnt thoughts^ were, that knowledge in the ma^er wa» hot necef- iary } for the a6t is an cxprtk prohibition without any limitatidh or qualification, and the faB: proved came direftly within the defcription of the a£fc ,$ the forfeiture was upon the goods tiiemfelves, and not tipon the perfoff; "the, intention of the law was to fupport trade; and therefore it might be prefumed all perfons would take the utmoft care, trade Ihould he carried on without fraud. The owner is to tMk^ care what mailer he erhploys ; and the mafter what mariners and what pafiengers he takes in j and being exercitor nwcis, and having the entire controul of the Ihip, he may fearch and examine when and whese he will. No damage accrues to the owner, for he may recover againft the matter for the forfeiture of the Ihip accruing by his de- fault ; and (as he thought) the mafter might re- coyer againft a pafTenger who caufed a forfeiture. There is, more reafon the owner ihould fufFer, as he had the benefit of the freight which occafioncd the forfeiture. The mafter is to report, and therefore is obliged to fee what he docs report. "^SucH was the opinion delivered by the Chief Barony though he meant to referve the point for the opinion of the court ; but it turned out not to be necefiary, for the jury found that the defendant 8HIPFIN6 Allft NAVtCATlOK. W iSbAl kilowtedg* 6f the to. On 8 ittotiott for < n*# trial, «II 5lc Barohs agreed in opinion jtkat notice itt the #iaiflier Was nl>c ncccffary to treaty iforiiHtare u{k>h this aft } thotigh for a fmall mat^ t^che^thou^t ic would be hard a ihipfiiould b^ condemned (a). ' Oi* a Tubfcquiht otcafion, in 1735, this dif- gnftten was made upon the point by Lord Chief Baron Rtyitblds % namely. Whether the goods fobroUgfht wcrt* jpart or not part of the cargo ? and therefore, if marineri or paffengerspriva/c/y bring oircr a small parcel of goods,, they are not to be looked upon ar part of the cargo, and it would be hard the fhip fliouM be forfeited for fuch ^ cwfc(6). '^ ''' NoTWiTHSTANDiKO this,queftion fcemed thus to be fettled, it was moved again in 6. Geo. ^, iti Mitchell V, Torupy being zn informatibn bh the Tourth fcftion pf the Aft of Navigation, for ah I importation of 22 1 lb. of teas from Norway, which were found by the jury to have been put on board by the mariners without the knowledge, privity, or confent of the matter, mate, or owners. Uport that occafion a very full opinion was giveti by the [Lord Chief Baron Parker. ' :r?mrm'X. He obferved, that the words of the a6t in thfc iHrft, fecohd, third, and fourth fedlion^ were all equally negative, abfolute, and prohibitory j th^y operate both on the goods and the (hip, and there i^not a fyllable that hints at the privity or confent ••^''u'-; :•;';-'•<■ v-'J*;5^ "vr; , ;'- •^''^'' '''■ ^A^^V' Qf (a) Bunb. 238. {i) Ibid. 232. •y-;s\. I CA«. It. lb Em 'ah ■ .■^•ro 'i 'i^. :■*'; W^: u t '■ s' 1 w j m m ■i ■'.'• 3 i . Trait, ^■^ THE LAW OP of the mafter, mate, or owners. The reafbn of j'.jacAfcii.To penning the fedion in thefe ftrong terois w^, to ^^ropean pFCv^t AS much as poflible its being evadQ4? % if the privity Or confent of the mailer, inatc, or owners had been made necelTary^ the provifipfis of the a£): would have been defeated. • (,> In expounding adbs of parliament where words are exprefs, plain, and clear, they ought to be underftood according to their genuine and natural (IgniBcation, unlefs by fuch eXpolition a contra- diction or inconfiftency would arife by reaibn of ibme fublequent claufe, from whence it might be inferred the intent of the a£b was ocherwife:/now the fubfcquent clauies of this a£t do not coiitradid, but enforce the natural import of the words of the fourth claufe; which appears by the twelf^,,, thir- teenth, and fourteenth fectionsj and when^this a^ was i^der the confideration of th^ Legiilature it feveral fubfequent periods, as at the times of < making ftat* 14* Ge'o^ d. c. ^6. (tat« 17. Geo, 2. ip. 36^ and ftat. 25. Geo^i, c. 32. no relaxation was made by any of thofe a£ls, . fo as t^o ;na^e the privity or confent of th^ maf^r, jpate^ ^r pwners, ^,l)^qe0ary th^t the penalty or forfeiture impofed by the fourth feftion, is only applicable where there is fome uyime or guilt, and none can be Imputed to the mailer, mate, or owners, without their privity, ylte anlfwered, that though peo;^l(|es ^i^d forfeitures, v^ener^ly fpeaki^ig, are the cpnfequence of fonic '.crim^^or.guil^^yct neither of them neceffarily im- 71 'J V SHtPP!N6 AND NAVtGATlOl^* pi/ the one or the other, tliough punifhtrient always does : which he illuftratcd by the examples ^'^ «=*«' '»i ™ of a fword belonging to an innocent man being European forfeited, if a murder had been committed with it} foof dcodands j andby ftat. 4. JVill, be Mary ^^ c, 8. the horfes of innocent owners, upon which robberies are committed, are forfeited ; and there are various forfeitures of a (imilar nature in the revenue laws, as riiofe of boats, carriages, hoHcs, tattte, and other things. And by this fourth fec- "tionj'the forfeiture is not upon the perfon, but oh Ihe (hip, not in personam but in rem, Hii' faid, it had been fuggefted to him, that informations had been conftandy drawn in this form from the firft pafling of the adt, without alledging any privity } and as it is not necefTary to prove more than is laid, he faid, the finding of the jury, who in this cafe found that the impor* tation was without the privity of the mailer, mate, or owners, was nugatory arW void, not being com- prized in the iflue. . / '^ ''^'- ' ^ ; To the dat. 38. Ed. 3. c. 8. for protecting ihips from being forfeited for a fmall thing pi. nto a (hip without knowledge of the owner, he anfwer- ed, that the Navigation A6t was pafTed fubfequent, is an exprefs prohibition, without reflriftion or limitation, and has altered the law, by excluding the privity, as the molt efFeftual means to ^prevent the mifchief. Indeed fhips are now forfeited for much fmaller quantities, viz, 61b. and aolb. by ftat. 9. Geo. 2. c. 35. fVat. 3. Crco. 3. c. 22. f; 5. ftat. 5. Geo. 3. c. 43. yet he thought, if the quan- tity £urohe m \- THE LAW Of tity was Co fmall as not to be difcoverable by tet* ibnable care, and fcarch, it might be proper for the confiderationof thcjury; and th'f^».-:j^-'' .J- ■■••,.■. :'■■ •■ ,■ '-^ execution' (a) Parker, 227^ 13 CAR, II. T* A.D. 17U3. European W' V :V :d \ f I * ■i ; t ' I f 1 ii'i i\ t ^i'i'-, ■« I. Eunfpean ^■,'fir ^■x-'-^,ir U^tv-'^-' •^Ml tAW OF ' » execution of our navigation laws has hcen^fufy^tid- lit cab'. II; TO cd, icft, in the attempt to enforce them, our com- merce mighc b^ cxtmgUilhed, or greatly eoaan> ^red. -^' The laws 6f Navigationi like other laws, have given way to-necelTityj an^ have been fufpended in time of war. During the dread of continual danger from an enemy at fea, it is well if foreign trade can be carried on at all ; it is no time to be curious as to the built of the ihip that is employed In it, how it is navigated) or whence it comes. At fuch conjundufes it has been ufualj more or lefs, to fufpend the A£ts of Navigation: the iirft in- itance of this was in the Dutch w^ in the reign of Charles II. ' < It was then done, as was common in thotf %4th4ttriofvar. timcs, -by thc prerogativc excrcifed by the crown^ of difpenfrng with laws upon urgent occafions. On the 6th of March 1664, it was found necciTary to iffue an order of xK>uncil for fufpending the A^ of I Navigation wholly, as far as regarded the import and export of Norway, and the Baltic Sea ; and as far as regarded Germany, Flanders, and France, provided the merchants and the owners of the (hips were natural-born fubjefts : it was further permitted to any one of a nation in amity to import from any parts, hemp, pitch, tar, malls, falt^petre and] copper, and to pay duty only as natural-bom fub- jedts. Engllih merqlvincs were permitted to em" ploy foreigp (hips in the coaftlng and plantation I tradd, but they were to comply with the rcltridHonl Act of Kari gation dispensed of ;fiujpj Enghihd t^illSN ftridlions throwing fallow up l{i the wa Fraftte aj Vi^s cndea fiirfJitateM wboiUf gt become o firifci^ifub .iVvlJ ;:!^S^ ■ xo JNiftdeupQn iwirlttihips triJef^ and ^igiily ^pca ^ropercyio -vikge. in i^^uiit of the )EaHie*i->c? V" This ws •c--36...wl}ic and defcri fwtcd jnt j^fcYf or Africa, or [JJritain, or :A -'"■ /'•'. 'W /s, have fpended ontinual foreign le to be mploycd ics. At i or kfs, I ! firft in-, ; rtign of SHtPPINC AND NAVIGATION. \ ' of ,fhippMg^iAi ami^biipging their cargoes, to, Enghilid or Ireland, t •' . t^fi isNwas letting loofc k ncc ^oft . of the. re*» ftriftions belonging to our Navigkionfyftcm* s^nd thFowingf 4t sun'oag the kA of Europe, to jiiake diebefi^f it> xlurin^ the time we were unable Co follow up the plan we had.propofed to ourfeivset. l{i the wstroff 1740, when we had a war with botl^i Frante and 'Spain, it was again neceflary to ceW fn\m! tjheftrl(^nei« of our navigation law;si but it \ks endeavoured to be done infucha way as would fiirilitate^the carrying on of our trade, withoiif whoUyl giving >^p the favourite objessi Brikiihifubjefts. . ; , . ' , v/IiH£ Tcolour dated in the^preamble of the ftatute jni^deij)>6B:this>bc^£^Qn.is, that the felling Britifh r ktrkcfl^iffiri tor foreigners is a beneficial branch of tratia^ and might tx) be encouraged; and that.it is jhigjjily iceiifonable,ihi{>s fo fold to, or being the jpropercyiof fbreigners,:.fh6uld enjoy the fameprl.- ,vikge:. in thcfc kingdoms, as if they were of the bpilt of the refpeftive countries from whence they I \v, Th I s was accordingly done by ftat. 17 . (jreo., % jr. .36.. wl^ich enaded, that the goods enumerated and defcribed in the eight fc•■; **? i;^ ^V-.Ai's.. i ^■lil; ■i I ^10 THE XAW OF ■ti: 7^ ^^. fourths of the mariners at Icdl were Britifhy or of 19 CAB. II. TO the eduntry or place of which- the goods were the european gn>^*th, produCTion, or manuraaure. B«t goods 7^"* fo imported in Ihips the property of foreigners, although Britifh-built, vfcrc to pay alien and other ♦ fca, 1, a. duties, the fame as if the (hip was foreign-built ♦. This relaxation of the AA of Navigation was to eontiniie only diLirihg; ,thc war. In the war with France beginning in the year 1756, the like law wa^ pafled, to continue during that war; and again in the year lyjpC^?)) during the continuance of the then fubfifting hoftilities with France. In thte laft^ war, during the hofti|ities between this country and the two crowns of France and Spain, It was found expedient to relax the Navi- gation A£ls. • ' AccoRDihXGLY, by flat. 1^. Geo. 2' c. 9. per- miflion was given to bring organzined thrown filk of the growth or produftion of Italy, from any port or place, in any fhip, notwithftanding ftat. 2. fVill. S^' 3l{ir;^i (t. i. c. 9. This was not to extend to the filk of Turkey, Perfia, the Eaft- Indies, or China. ; It was enadcd by ftat. 50. Geo. j. c. 45. that ' - ; ., any perfon free of the Turkey Company might ;. f import into Great Britain or Ireland, any goods or commodities which had theretofore been ufuallj" imported from Turkey or Egypt, or from anyi place within the dominions of the Grand Seignior within the Levant Seas, in any fhip built in or I ' |ftf^.Jlj*3f*K^^^fj/; ^^r.;^y^^r/li<>S? ■■fisiff , belonging . _ '{a) Stat. 29. Gee. 2. c, 34. feft. 19. ftat. 19. Gee. 2- c 28. -:i< ■ K -^ during ho: land. It was articles of i Aft of Nj c. 19. flax any CQuntr SHflPPINO AV WAVICA ION. belonging to Great Britain or Ireland, ar m/A' gated according to law j .or in any fhip /h 'iging to any kingdom or ftatc in amity with his ajtfty, navigated by foreign Teamen, from any port or place whatfoever, upon the fame duties as if im- por cd in Britilh (hips direftly from the place of t\t\r growth, produftion, or manufa^ure.. But if the importation was m^^fqreil^n'buUt (hips, the goods were to be fubjedl to a|ien&' duties ♦, Again, any goods or commodities which had been ufyally theretofore imported from any port or place in Europe, within the ftreights of Gib- raltar (except fuch as might theretofor^ be im- ported only from fuch ports or places as are with- in the dominions of the Grand Seignior), might be imported by any pcrfon whatfoever into Grcajt Britain or Ireland, from any port or place what- foever, in like manner, in any Britifh or foreign Ihip, with the like diftinftion; only that drugs imported by any perfon not free of the Turkey Company, were to pay the fame duties, as if im- ported not diredly from the place of their growth and produftion f. This aft was to continue in force till i June, 178 1 ; but it was then re-ena6lcd, to continue during holtilitics with France, Spain, and Hol- It was alfo found nece(rary to provide for other articles of import, by removing the reftraints of the Aft of Navigation. Thus, by ftat. 21. Geo. j* belonging ■ c. 1 9. fiax or flax feed might be imported from any country or place, in any (hip belonging to a », or of rerc the t goods eigners, ud other i-built*. 1 was to var with like law ar i and ttinuance :e. between ance and die Kavi- c. 9. per- irown filk from any ng ftat. 2. to extend ndies, or 45. that iny might any goods een ufually from any d Seignior uilt in or t^e*ti. II. To £uiopeaK Vrottii. » S«!ct. 1. y ^i'f' + Sect. 3. re. 3.C 28. P 2 ^t , ftate i'k ^11 THt LAW or t PART II. ]2CA|I. 11. TO A.O. 17tK). f'liropemt \' J ftite in amityr, and navigated with foreign feamen. The fame of orchilla weed and cobalt, by itat. 21. Geo. J. c. 62 i and of wool, barilla, jcfuits-bark, and linen yarn, by flat. 31. Geo. 2- c. 27 ; by which a£t, any goods or commodities of the growth* produftion, or manufaflurc, of the colo- nies or plantations belonging to Portugal, might be imported in slny fliip belonging to Portugal, from any port or place in Portugal, or thcWcftcrn Ifles, commonly called Azores or Madeira Iflands. Again, by flat. 23. Geo. 3. c. i. all forts of corn, grain, meal, and flour of wheat, ricfe, and barleypfinight be imported from any country or place, in foreign (hips belonging to any flate in amity ; and fo of rice, paddy, Indian-corn, In- dian-meal, and maize, by ftat. 23. Geo. 3. c. 9. In thefe temporary expedients we may trace the progreffive increafe of Britifh (hipping. Ii^ \ the Dutch war of 1664, the nation were obliged j at once tp abandon the Baltic trade, and to admit | foreign (hips into the coading and plantation trade, j But in the war of 1740 we made no other con- ceflion than that of admitting foreigners into the I owncrfhip of Britifh-built fhips, and to navigate with foreign feamcn for carrying the European | commodities to this country, and to the planta- tions. This was alfo done in the war of 1756,1 and in the American war; However, in thel American war, prefTed as our trade was on all! fides, we were compelled to yield a little further, Many articles of the trade of Afia, Africa, and! America, were permitted to be brought from any! . t. f- feamen» Itat. 21. ,ts-bark, 27 5 by of the the colo- il, might Portugal, : Wcftcrn a Idands. forts of ricfc, and ountry or y ftate in •corn, In- . 3. c. 9. may trace pping. Ii^. re obliged 1 to admit it'ion trade, other con- rs into the :o navigate European the planta- irof 1756,1 cr, in the was on all] tic further. Africa, and It from any! place, SHIPPING AND NAVIGATION. place, in any (hips belonging to a nation in amity. But in neither of ihefc wars, not even in |hp litlhTirTo American, when wc had the maritime powers of both worlds to cope with, Spain, France, Hol- land, and America, did we allow foreign (hips to participate in the coafting or in the plantation trade. '<^y f,\ 1 CHAP. P3 Tra*. >i .!!» •.^*- f.: s f I . ( ! 'Ai W , I m ai4 TI« lAW OF CHAI^TER IV. 'V Coaslhig 'Imk. -V s^-: :rt}'^ i THE COASTING TRADP. i^ART 11. npHE next objeft in the Ad of Navigation i? 1 ' 2 ' cAtT '^ '^'^ Cc;flf5^/7/^ Trade. It cnafts, that no A. D. 1783. perfon fliall load, or caufe to be loadcn and carried^ in any bottoms, fhips, or ycfltls, whatfocvcr, whereof any ftranger born (unlcfs fuch as (hall be denizens or naturalized) be owner, part-o>yncr, , or maftcr, iand whereof three-fourths of the mari- • ' ners at leaft Ihall not be Engjilh, znyjis/i^ victual, wares, goods, commodities, or things, of what kind or nature foever, from one port or creek of England, Ireland, Walts, the iflands of Guern- fey or Jcrfey, or the town of Berwick, to another port or creek of the fame, or of any of them, under pain of forfeidhg the goods and fhip i one moiety to the king, and the other moiety to the informer *. By this provifion, foreign property was ex- cluded from the coafting trade. By ftat. i . Jac. 2. 't c. 18. it was meant to exclude from this trade foreign-5w/// fliips. Every foreign-built fhip or • veflel bought, and brought into the kingdom of ■ England, Wales, or the town of Berwick, to be ■ ;^ . ■ employed * Sect. 6. .' , V SHIPPING AND NAVIGATION. I15 employed in carrying goods and merchandize from ^J^^]i^^'f port to porti is to pay at the port of dclivcfy for vi car. n. t» every voyage, over and above all other duties, cwuthg' five lhillings/>er«tonj one moiety to the chcft of ^^'«^'- Chatham, the other mbiety to the Trinity Com- pany *. A duty of twelve-pence per ton was to * Skct i. be paid by thofe foreign Ihips already employed in, the coalling trade f . t sect. *» These two provifions make the whole of the - law of Shipping and Navigation, as far as regards the coafting trade. > ^ . , . f ?■ ■■■^1 sri:-,:^ t-y. .^Or.' „?, ^>- f,^:*', V^U ■i> '■jVr" _,^; ..J,.„ .^C^J,, ,;,;/.,|S\t,, Vjj..:./i:^vVr?i;is;-*<*-it»^^^ f .M ■ . ;;i. v:#i ill , : -h' 2lS THE LAW OF ;e'>«ii CHAPTER V. ■ V'i'^'ff:. ,f"i ; ;'. Ji; •0^- -•if,.*-' VART II. 12 CAR. IT. TO A. I). 1783. t'ishetles. THE FISHERIES. Certain Sorts of Fish foreign-caught to pay double Aliens* Duty-r-The Herring, North- Sea, and fVestmony Fisheries encouraged—- The Greenland and Newfoundland Fisheries free of Dutjj' — ImpoYtation of Fish foreign- caught in foreign Ships prohibited -^ The Newfoundland Fishery — /111 Fish bought of Foreigners prohibited — Alloxvances on shlted Fish British-caught and cured — Bounties in the Greenland Fisher y-^Bounties in the Nexvfoundland Fishery-— And in that of the' Gulf of St, Laurence and Labrador — Bounties in the Southern Whale Fishery—- The Society of the Free British Fishery instituted. vr?.' THE laft means of employment for Ihipping provided for by the Acl of Navigation, are the Fisheries, With refped to thefe it was or- dained, that any fort of ling, ftock-fifh, pilchards, or any other kind of dried or falted "fifh, ufually filhed for, and caught by the people of England, ^- " " ■ i* T ' V Ireland, , I fs.* . #. . 12 CAB. II A. D, 1183, r6 SHIPPING AJTD NAVIGATION. Ireland, Wafes, or the town of Berwick, or any fort of cod-ftfh or herring, or any oil or bhibbcr made of any kind of fiih whatfocver, or any whalcf- /Vffcww. fins or whale-bones which IhalL be imported- into certai„ Soru England, Ireland, Wales, or the town of Berwick, ?ore^g,t:catght not having been caught in veflels truly arid pro- A&ttl^, perly belonging thereunto, as prpprietors and right owners thereof j and the laid fifli cured, faved, and dried, and the oil and blubber (and fuch blubber to be accounted and pay as oil) not made by die people thereof, imported into Eng- land, Ireland, or Wales, or the town of Berwick, ftiall pay double aliens' duty *. * Sect. 5. The firft provifion after that in the A6t of Navigation for favouring the fiflieries, was by a claufef in ftat. 13.& 14. Car. a. c. 11. where a tsect.ac. duty, fince called the Mediterranean duty^ being impofcd on under-fized fhips trading into the Me- diterranean, an exception was made in favour of fliips, one moiety of whofe full lading was lifh only J and in fuch cafe, the filh exported, and any goods and merchandize imported in the fame fhip ' '. • for that voyage, were not to be fubjcft to any other duty of tonnage or poundage for them than were theretofore accuftomed J. And by ftat. 9. Geo. 2. ; scct. se. c. 33. that moiety muft confift of fifh taken and cured by his majefty's fubje<5bs only §. ' ^hli^W § sect. 3. • Two years after another provifion was made, tuc Herring, for the purpofe principally of encouraging the her- ^na wcstinony ring, and Nortk-Seay Island, and IVestmony couragcd. fiflieries. It was enadcd, by ftat. 15. Car. 2. c. 7. that no frellx herrings, fre^fti cod, or haddock, coal- ^ ^^ - • • • ■ . ^ fifli. M -t iJi I I i , I ilh ■yM-. P SM. 16. ai8 ■ ■y^.p/'rf -■■;/■'*{• HE' LAW OV- '^ ' ■ ^ARTii.^ fifh, or gutt-fifli, fhould be imported into Eng- ^1*"©" nsb"* landj Wales, or Bcfwick, but in EngUfh-built Ihips '" fitherkii or veflfclSj pr thofe io«^^MlL|j^^.J^*= .- ^ ^ i t-'- Again, by ftat. 25. Car. 2. c. 6, aliens arc to - V ^^ pay for fifh caught by Englifhmen and exported in Englifh fhipping, whereof the matter and three- fourths of the mariners are Engliilh, no greater fub- ^ s?ct. 3. lidies and cuftoms than natives §. This alfo was a temporary aft.. ..v., . , ' ^ By : Sect. 2. « 13CAIt. II. T* Fisheries. tree SHIP'PINO AND NAVrOATIOW. Bv ftat. 2$. Car. T-c.^j, cneouriagement was giveo to the Greenland and Newfoundland Bfhej'ies, by permitting all perfons, whether natives or fo- ficigners, to import train-oil or blubber of Green- land and the pares adjacent> of Newfoundland, or any other of Jiis majefty*s colonies, made of fifh» or other creatures living in the fea, and whale-fins caugntand imported in fliips truly, and properly belonging to England, Wales, or Berwick, with- out paying any cuftom or other duty. Duties were , laid upon thofe articles, if taken and imported in, fhipping of the colonies ; a lower duty if taken Newfoundland , *rt • • ' /• I 1 • 1 • 1 • /t ' ""•• Gf«enliind by Ihipping of the colonies, and imported m Ihip- Fisheries ping of England, Wales, or Berwick j and a very high one, ampuqting to a prohibition, if they were of foreign fifliing. And becaufe it was nc- . -i ; ceiTary to c;ncourage harpooners, it was permitted, ! - for a limited time, to navigate with one moiety har- pooners, and to have one moiety only of the reft of ; the mariners Ehglilh, and to enjoy the fame privilege as if they were three-fourths Englifh, provided the captain was Englifli *. Such fhips were al- ♦ sect. i. ways to vidual in England, Wales, or Berwick, , which wks to be attefted by the colledor of the . port, and they were to proceed direftly on their ' voyage f. f^^OLlli^n-^pii ■■f^l-.^im- •( aJtl imcL '2'L;i:i,^t<^^n^:^ f Sect. 2. In a fubfcquent a6t, the prohibitions were not importati lish f( on of oroign- ponfined by a fpecial enumeration as before, but caught info p'xtendcd to all fifh. Thus, by ftat. lo. &ii. prohibited^ irUl. 3. c. 24. no filh (Except ftock-fifh and live eels) taken or caught by any foreigners, aliens to I thiskingdoin (except Proteftant ftrangers inhabiting within this 'kingdom) is to be imported inany foreign ■ ^9 220 TriE LAW or PART n. 12 CAR. II. lO A.D. 1783. fisheries. ♦Sect. 13. f Sect. 14. Newfoundland Fisliery. ; Ch. 25. ,■• i ^Seet.l. A-' Mpi veflcl, or bottom, not being wholly Englilh property, and expofcd to fale in this kingdom, under pain of forfeiting the fi(h and Ihip f. This was not to prohibit the importation of anchovies, fturgeon, botargo, or cavear f. The filhcry at Newfoundland came under con- fidcration of parliament in the fame feflions, when an aft was paffed J, containing a variety of regu- lations for fecuring the advantages to be derived from this diftant fifhery. For this purpofe it was ' declared, that all his majefty's fubjefts refiding . within the realm of England, or the domiu.ons thereunto belonging, Ihould have the free trade and filhery to' and from Newfoundland, and take bait and Hfh there and in the feas and idands adja- ' cent J which was defigned for removing the 6bfta- cles that might be thought to lie in the way of a :,frec fifhery, from various charters heretofore granted of that ifland, a$ well as of other parts of . 'America J and that no alien, not refiding within England, Wales, or Berwick, (hould take any bait, or ufe any fort of trade or fifhing there §. Becaufe doubts had arifen, whether whale-fins, oil, and blubber, taken by flii{.j belonging to the Company of Merchants of London trading to Greenland were not fubjefl to an additional duty ;'^- of 1 2d. impofed by ftat. 8. & 9. fVilL 3. c. 24. and ftat. 9. & 10. fVill. 3. c. 23. (although all manner of filh Englilh-taken were excepted) it was declared by this act, that all fuch w4iale-fins, oil, and blubber, and alfo all whaile-fins, oil, and I blubber, of Englilh fifhing, taken in the feas ofj .^■'-,/t''''C-;--'' f --v•"^^ };.;'^;'-'-r,- : :,- ^:<- Newfoundland, i Newfb his maj by the be free taking The again b of ftat. bcfforem fufFered traded ii great qi then bri had beer fpfmer i I. ft. 2*,X falmon, H nor any coal-fiiii, fifli, nor importer kingdom bought out of ar ftrangcrs any perfc for fifli i months the frnack w ■i- ii'-ir refidmg jmiii.ons ec trade and take tids adja- he bbfta- way of a heretofore T parts of ig within take any r there §. e-fins, oil, ig to the rading to lional duty 3. c. 24. lOUgh all :ed) it was le-fins, oil, oil, and I :he feas of Ifoundland, | A.t>. 1783. Ftdittm. * Sect. It SHIPPING. AND NAVIGATION, 1 Newfoundlmd, or any of the feas belonging to his majefty's plantations or colonies, and imported wcAR'n. to by the king's fubje£fcs in Englifh (hipping, fliould be free of thofe duties, as all fifli of Englifli- taking*. The proteftion of the Englifli fifheries came again before parliament j when, upon coniideration of ftat. 15. Ca)\2, c. 7. and ftat. 18. Car. a. c. 2. beforementioncd, and the evafions thofe pro vifions fufFered by the fraudulent pradfce of perfons who traded in Englifh fmacks buying, when out at fea, great quantities of fifti caught by fpreigners, and then bringing it into our ports (a practice which had been complained of and provided againft in ,, , former times (a): it was enadled by ftat. i. Geo. phh bought of I. ft. 2. c. i5. that no herring, cod, pilchards, p,3ted. falmon, or ling, freih or faked, dried or bloated;, nor any gril, mackrcl, whiting, haddock, fprats, coal-fifh, guU-fifti, congers, nor any fort of flat ^ fifh, nor any fort of frefh fifh whatfoever, fliall be '- , imported or expofed to fale in that part of this ^,. kingdom called England, which Ihall be taken by, bought of, or received from, any foreigner, or ,, . ; v^^, out of any ftrangers bottoms, except proteftant *'^ ' ,,^ ftrangcrs inhabiting within this kingdom -, nor (hall any perfon give or exchange any goods or things "• - - for fifh fo taken. A penalty of aol. or twelve, -^: . - months imprifonment, is laid on the matter of { the fmack or vcffel importing fifh contrary to this ad t » whjch by ftat. 9. Geo., 2^ c. ^^3. is made t ^'-^^' ^ -• .'■■•'••:^t;-my" ■ v! \ u,- --x^f, lOol. ' • ' (<») Vid. ant. a2, 23. . \ W4 »' Fithir'u*. ♦ Sect. 3, f S«c». 10. ^" tHE LAW or "''^f> '"*>"* lOOl. on every perfon offending againft the a(5]f, iT^vRTiiTTa and col. 'on the mailer of the veifel. The 6cnal- A. D. n«3. . - - xN - , ties of flat. r. ue anchovies, fturgeon, botargo, or ca- vearc*. »4v^i»aK The elfeft of ftat. to. & fi. /f7//. 3. c. 24. having made lobfters and turbot very dear, per- miffion was given as well to foreigners as to Britifh to import lobfters or turbocs, whether of foreign Or Britifh catching, in the fame manner as before that ftatute f. ^ ,^ , ... T«E fifheries had now becorfte obje^s of great national concern J and after various experiments for their encoul-agcment, at one time by prohibit- ing foreign-caught fifh, at another by allowing an importation fn?c of duty to fifh Britilh-Ga^ght ; the parliament, in making regirlations for t-he re- venue on fait, had, at different times, made cer- tain allowances on the export of fiiked fifh, which operated in the nature of a bounty on the fifh- eries {a)\ The principal of thefe i^ ftat. 5. Geo. i. c. 18. by which allpwanc-es were to be paid by the colleftor of the fait duties on the exportation from Great Britain of the fbllowing forts of fiih Britiih-taken, viz. on pilchards or fhads, fevfli fhillings per cafk j cod fifh, ling, or hake (ex- cept dried cod -fifh, ling, or hak<^, commonly I called haberdinc), of a certain fize, five fliillings per hundred j wet cod-fi(h, ling, or hake, two (hillings per barrel i dried cod-filh, ling, or hake,! ' , _ commonly[ commc falmon white h pence ^ one fhiJJ ling per The 1 on the e) was to en and it w; malted Fish Briti-,h-ta'kr» and cured.) f 'Vi iflii («) £tK. 10. & i;. //'///. 3. c. 44. f. 14. to 20. .(") f^'J. flat -!f.,. 1^ CAk. 11. TO A.D. 1783.' Fahenti, or ca- . c. 24. ir, per- ) Britilh foreign IS before of great )eriments j)rohibit- allbwing i-ea«ght ; r the re- ■nade cer- ifh, which the fifh- £. Gto.i. aid by the xportation rts of filh ds, fev(?n hake (ex- commonly e fliillings hake, two or hake, commonly lo 20> ♦ Sect. 6. SHIPPING AMD NAVIOATIOK. commonly called habcrdinc, three fliillingsper cwt. ; falmoii four (hillings and fixpence per barrel ; white herrings, two Ihillings and eightpence per barrel} full red herringi, one (hilling and nine- pence per barrel j clean (hottcn red herrings, one (hilling per barrel ; dried red fprats, one (hil- ling/)er laft*. The firft experiment made by bounties was this 2°^*\**„?* *''• on the exportation of Briti(h-caught fi(h ; the next Fishery, was to encourage the (itting out in order to catch j and it was begun in the whale-fi(hery . The al- lowing of whale-fins, oil, and blubber, to be im- ported duty-free (a), not being found fu/Ecicnt for regaining this beneficial trade^ which was judged by the parliament to be in danger of being intirely loll, and of going into the hands of fo- V' reigners who ufed to bring great quantities of oil \ to this kingdom, it was thought advJieable to try ; what could be done by giving a bojnty on the return of (hips from that fi(hery. Accordingly by ftat. 6. Geo. 2. c. 3 j. a bounty of twenty^ (hiU lings per ton was given on all Briti(h (hips of two hundred tons and upwards, proceeding from Great Britain on the whale fi(hery to the Greenland. Seas,, or Davis^s Streights and the adjacent feas, manned and navigated according to law. Such Ihips w-ere to have proper equipments of men, harpooners, boats, and other requifites for the jfilhery, and were to do their utmoft endeavours ;o take whales, or other creatures living in thi -< > f. ■ fea \. /' >.M .' t>*'v [a) Vid, ftat. 12. Get. i.e. 26. and ftat. 5. Ceo. 2. c. 28. I I ?s \l H I . ,; )■ i!' |l I'i CAR. It. TO A.». 1783. t'ltherkt. * 3oct, 3, THE LAW OF , : lea (and on no other dcTign), and to ii^drt the whale- fins, oU, and blubber^ thereof into Great Britain. Various regulations were devijSbd relative to the fitting out, and t^ie return of fuch (hips, far fccuring the objeft of the a6t. This adt was to continue as long as flat. 12. Geo. i. c. 26. and ftat. 5, Geo. 2. c. %S. on which thefe articles de- pended for being duty-free. By ftat. 22. Geo. 2. c. 45. (.2' ^^ additional bounty of twenty fhillings was given for a limited time ; and various other regulations were made for {)ronioting the filhery j which bounties and regulations were continued by ftat. 28. Geo. 2. c. 20. to the 25th of December 1764. By the fame adl, no bounty was to be paid for more than four hundred tons in one fiiip, and it was allowed to ftiips under two hundred tons. In ftat. 1 1. Geo. 3. c. 38. th<" whale- filhery was again taken up ; the fanle bounties and the fame indemnities in point of duty were given j and at the fame time a detail of regulations was devifed for carrying the defign of the a6l into execution. This adt was to continue for fifteen years : it cor- refponded with the former policy j only the boun- ties of foity Ihillings were to expire at the endl of five years, when they weve to continue at thirty (hillings for five years, and for the M five years they were to be only twenty fliillings*; and the benefits of this aft v were extended to Ihips fitting out from the American colonies, under fimilar regulations to be obfcrved at the time of f't'-i^^.f'i yfk: \Streio'/it6\ C.31. whic 'employed INewfoundh |the king's f\ lland, or G 'burthen or tiftecn mer luiarter were r- tt 225 PART II. I'iCAR. II. lU A. D. 1783. Fithcriei, - '' SHIPPINQ AND IJAVIGATION. their fitting out*. This a£l continued in force till the 25th of December 1786. The fame ad held out, for the fpace of fifteen years, an encouragement to the filhery in the Gulf ♦ «•«». u. and River of SV. Lmcretice, and in the feas on the '- coafts of the American colonies, by allowing the importation in (hips . belonging to his majefty*s .,: fubjefts of whale-fins taken from whales of thofe fiiheries, free of all cuftom or fubfidy except that - granted by flat. ,25. Car. 2. c. y.f. tikct. n^ An exception, that had been made from the * prohibition againfl foreign fait by flat. 2. &jf» v^^ Ann. c. 14. in favour of cod-fifh, ling, or hake, • caught and cured at Newfoundland or Iceland, was followed by ftat. 13. Geo. 3. c. 72. which dX^-^ ■ lows, fubjeft to ftat. 10. & 11. Will. 3. c. 25. and ^: .,' under certain reftriflions, the importation in Bri- tifli-built (hips of the fame fifti caught and cured j in Chaleur Bay, or any other part of the Gulf I of St. Lawrence, or on the coaft of Labrador, It was now intended to give the like cncourage- Iment by bounties to thefe fifhcries, as had been before given to thoft of Greenland and Davis's iStreights. This was begun by ftat. 15. Geo. 3. C.31. which gives bounties for eleven years to fliips [employed in the Britilh fifhery on the banks of nonntics m the INewfoundland, being Britlfh-built, and owned by F.si.cryT ^" [the king's fubjects refiding in Great Britain or Ire- Iland, or Guernfey, Jcrfey, or Man, of fifty tons Ibiirthen or upwards, navigaui with not lei's than Itiftecn men, three-fourths of whom befides the Imafter were the king's fubjeds. They were to , Q^ ,,<■ clear I u i i 11 126 ■' i p , PART II. 'lOcXiu n. to A. D. XIKi. I'lt/ufift. ^*Sect. 1. An'l that of the Gulf of St. l.awrraoc and ■.U.';H tSect. THB LAW OF clear out from Great Britain ) to catch not UCa tban ten thopfand Hlh on tlie Banks, and land them on the fouthern or €aftern fide of Ncwifoundland, be- fore the i5tJi of July j then make another trip to the Banks, and return in like manner to the iOaixl with the fame cargo: the firft twenty-five of fuch (hips were to have forty pounds each, the next hundred fliips twenty pounds each, and the next hundred Ihips ten pounds each *. The fame a.6t gave the following bounties for| the fame term of eleven years, for five (hips cra- ployed in the whale-fifhery in the Gulf of St. Law- rence, on the coaft of Labrador, or Newfound! land, or in any feas to the fouthward of the Greenland Seas and Davh's Streights* .Every fuch (hip was to be Britilh-built, owned by the king's fubje<5ts refiding in, and navigated by three-l fourths of the king's fubjefts of, Great Britain, Ireland, Guernfcy, Jerfey, or Man j was to clearl out from one of thofe places ; and was to takej and kill one whale at leaft in the filhery above dc- fcribed, and return in the fame year to fome po; m England with the oil of the whale or v iiales fo| taken : the (hip which (hould arrive with thd greateft quantity of oil in the fame year, was have five hundred pounds j with tlic next greatell quantity, four hundred pounds j with the nextJ three hundred pounds j the next, two hundre pounds ; and the next, one hundred pounds f. ■'. Again, the importation duty-free of train-oiij and blubberj and whale-fins in Englifli (hips, b)j .(tit- 25'. Car. 2. c. 7. which had been by a fubfej ' ■ ^ , qucnj SHIPPI^rO Al^D ffAYIOATION. •^ quent aft extended to Britifh fhips, was tiov ex- , tended to (hips belonging tp Great Britain or Ire- land, or Guernfey, Jerfey, or Man ♦. P^ TrtE aft did noi. " >p here ; but went on to ex- tend to Ireland the advantages of flat. 1 1. Geo. J. c. j8. fo that any (hip might proceed from Ireland on the whale-filhery to the Greenland Seas and Davis* s Streigltts and the adjacent feas, being Britifh-built, and owned by the king's fubjefts of Ireland, and the mafter and three-fourths of the marihers being die king's fubjefts of Irelandf. The(e Iri(h (hips were put under the fame regu- lations as (hips going from Great Britain. - t- ' The whale-fi(hery aimed at in this ftatute to be carried on fouthward of the Greenland Seas and Davis's StreightSi was the firft: giimpfe of what has fincc been called the Southern fVhaleFis/teri/, and which in the fdllowing fefllon of parliament appeared to the LeglHature in a more diftinft view. For in ftat. i6. Geo. 3. c. 47. we are told, that a valuable whale-Jlshery had been lately disco- lered in the seas to the southward of the la- titude 0/44 degrees North. But it being found I ncceffary that (hips going to that fifhery, (hould I fit out at a different feafon of the year than that [mentioned in ftat. 1 5. Geo. 3. c. 31. the fame boun- ties were allowed to five (hips which were to fail between the firft day of Auguft and the firft day of November in every year, and having taken at [icafl one whale, were to return to England with [ihc oil thereof before the firft day of Auguft fol- Q^ lowing 'PAI1T n. I'l CAllf II. 1U * 5tci. 9. fStcl. 51,15, Buuntics in tlie* Southern AS' huic Fishery, I I • I ^'i THE LAW, '%' lowing; and fuch oil might be landed without pay- .^"^ft'nsir mcnt of any duty. "■^'hrnijo Fishenei.' A DOUBT havittg arifcn, whether whales taken in 64 degrees and a half northern latitude were wiriiin the meaning of ftat. 15. Geo. 3. c. 31. and to be deemed as taken and killed in a. Tea to the fouthward of the Greenland Seas and Davis's Streights -, it was declared by ftat. 20. Geo. 3. c. 60. that the Greenland Seas and Davis's iS/m^/i/^ ihould be deemed to extend to the la- titude 59 degrees 30 minutes north, and no further j and the bounties given by that a6b were not to ap- .ply to whales taken and killed in any fea to the fouthward of the Greenland Seas or Davis's Streights exceeding 44 degr«*es of north latitude; which made a divilion of the whale-filhery into three dcfcripdonsi namely, that 6f Greenland including Davis's Streights, the Southernt and ■; ' the one lying between thofc two. By the fame afl an allowance was made for the times of fitting j out, in cpnfi^^ratio^ of the hoftiliue^^ then fqb.| *Sfcf.2. "4t»»g • ' ...- \ .- \ ' , In the mean time the Greenland fifhery calledl - for the aid of the Legidature. It was found, that fince the bounty granted by ftat. 11. Geo, 3. c. 38. had been reduced by the, lapfe of the firft five| years from forty (hillings per ton, the number ol veflcls eipployed in that tilhery had been much di- / minilhed: to prevent therefore th|s fifliery en- tirely falling, a bounty of twenty ftiiilings per toi was added for five years by ftat. 22. Geo, 3. c. 19. to the twenty fhillings per ton then due by tht ' . ' forinci the charter, this Societ) V':'s grantee ther Memt owners of tons, built thofe fi/lieri Iport of Gn PAllT IT*^ les taken I ade were .31. and 0. Tea to I Davis's >. GeO' 3. Davis's to the la- lO further J not to ap- fea to the f Davis's KlJ^titudcj iftxery into jveenlandl I hern i and r the fame ;s of fitting then fub* icry called I found, that so. 3. e. 38.] \t firftfive number ol tn much di |fi(hery en igs per toi so, 3- c- ^9' II. TO D. 1^789.';, •.f-»vriu*.r.-\. , »:%»8; Idue by th( forme *^.. SHIPPING AkD NAVIGATION. former aft. Becaufe by flat. 15. G'co. 3.0. 31. andftat. 16.GC0.3. c. 47. the Ihips to be intitltfd i'^ car to the botinty muft be the whole property of per- fons refiding in that part of the king's dominions from whence they cleared out, which prevented any ''' copartnerfhip between perfons refiding in Great Britain and Ireland, it was declared by ftat. 18)- Geo.^.c. 55. f. 8. that the property might belong to thofe refiding in Great Britain or Ireland. ^*^ > . WtJiLE fo many experiments were making to " promote and extend the Britifli whale-filhery, the one which was carried on upon^ our own coafts was not neglefte^ by the Legiflature. This, from its , vicinity, and the fupply it furniflied towards the . . food as well as employ of the induftrious poor, might, perhaps, be confidcred as deferving a more particular attention. ^^v i^.^ r^v? ^ v^^ To give (lability and vigour to this fpecies of Jt^^^ve ffii filhery, his majefty was authorized by ftat. 23.^ J''^^'|j''^> »"'*^' fifco. 2. c. 24. intituled, Jn Att for the En- couragement of the British fVhite Herring Fiskert/, to incorporate certairi perfons under the ftile of The Society of the Free British Fishery ^ to continue for twenty-one years from the date of [the charter. To co-operate with "the exertions of this Society, a bounty of thirty IhilHngs per ton \m granted for fourteen years to all perfons, whe- ther Members of that Society or others, being owners of decked veflels iVom twenty to eighty tons, built and fitted out for and employed in thofe fidierics, which had proceeded from fome [port of Great Britain manned and navigated ac- 0^3 cording I r h 1 1 : .1 y-. 12 tAit. ii(; TO w^ere impowered to raife a capital of 500,000!. j and as an encouragement to become a fubfcriber to law. The Society fo incorporated » litiAtfiitf *Sed.40. f Seet. 19. X Sect. 4. to fuch (lock, an allowance of three per cent. was t6 be paid by Government for fourteen years for all the money aftually employed in the fifhery *. To encourage ftill more fuch ftibftrip-* tioris, perfons fubfcribing looool. might carry oa' the fiflicry under their own management by the ftile of The Fishing Chamber of fuch city or town wherie they chofe to eftablifli themfelves, and Ihouli! be intitled to the allowance of three pei? •^ Some amendments wer<^ ma<;r ton was again granted for the fpaceofj feven years to the owners of decked vefTels from twenty to eighty tons burthen, fitted out and em- ployed in the Britifh White Herring Fiiheries; which bounty was 'further contjnueijg othcf continued f fourteen 5 per ton tht parlb- kis fiftiery. [thirty ihil- e fpace of iffeh fro* |ut and em- Fifticries } Iby lUtvi9. i?»:/- /,/ 'Mf ♦jsri.'' ,•*■.■.•»* r" SHIPPING .AND xKA^j^ATlON. * aj^. Wb muft piaffe aniong the regulations concern- , ^^^T«» ^ ing!the filheries, the prphibition that was laid on i2cai,ii.to ^ the .inhabitants of a great part of the Amcricaa ^pid^it,, coloniesirom coming to the fiiheries in thofe feasn^ By ftat» 15. (>€o. 3..c.,io. if any veffel being th ihoujd be foun^ carrying on aoy lii^ery on the Banks of NewfQundland, the coaft of Labrador^ or within the Riye.r pr Gulf of St«l^awrence, or upon the coaft of Ca,pe Breton or Nova Scotia, or any other part of the coaft of North Ancierica, or having on board materials for cwitf ing on fuch filhery, the veflel with her tatkle and, fiOi. in her (hpuid be forfeited, unlefs the mafter could produce a certificate from the go- vcr^ior pf Quebec, Newfoundland, Saint John, ^Qvz Scotia, New York, New Jerfey, Pennfylva- ~ nifli Maryland, Virginia, North or South Carolina^ Georgia, Eaft or Weft Florida, Bahamas, or Ber- mudas, (hewing that fuch veflel had fitted put from one pf thofe colonies in order to proceed on *s«t.T. J that fifhery ♦. An exception was made in fevour of thofe who had cleared out before. a certain day for the whale-filhery only. A fpecial exception was made in favour of the people of the iQand of i\^fl»/iicA:e/ employed in the whale- fifhery only ; and in favour of the people of MarshJieUl an4 Vidtuaie, in the province of Maflachufett's ^ay, lemployed in the mackerel, (had, and alewife fifh- jeries only t^ + sect. 9, 10.1^ 0^4 CHAP. 'I I \ n ; ' [i '«t- >.• THE LAW OF =!AlM?^v \*' U-.. I?f -■,-iJ****^'^ ^ .- 'lif- CHAPTER VI. OF BRITISH SHIPS. >: tiV - i*.f^^-«(t^ ■ rv; ». •* I. ■ V; JFToa? English-built Shipping ta he understood -—Foreign Ships, English-o^vned, to he re- gistered—English Ships to be English- built — The Plantation Register Act, Stat. 7. ^^ 4' 8. Will. 3» c. 11. — Of Registers lost or "^r^ mislaid — fVhen foreign Seamen empioycd— i I Ships made free by Letters Patent — By ^ Private Acts — By the Co?nmissionersof the ^ Customs — Of Prize Ships— Of Master and ■ # Mariners naturalized. .' -v <• -yrr ..f.' ••-;i PART II. )'3 CAR. II. TO A. D. 1783. HAVING conHdered the' various branches of) trade and employment for Ihipping, which j British Ships, arc Hoticcd in the Ad: of Navigation, and are . thereby fubjefted to certain rules and regulations | in order to promote the increafc of Bricifh fhip- ping and navigation, v/e come to the remaining! part of this famous ftatute which relates to tlie ship itfelf, and the qualifications that conftitute a V Britifh fhip. But before we enter upon this, it will be proper to look back, and bring together! into one view the vaHous djualifications of fhip-j ping that arc required by this acl for different em- ployments. ■•■ ' InI . 'SHIPPING AND NAVIGATION. In the plantation-trade it requires Ihipping to belong to the people of England, Ireland, ■ nc\a. n. to Wales, or Berwick, or to be of the huilt of and British ga/M belonging to the plantations j fo that if the fliip were owned by perfons in the mother-country, it .; was not material where it was built; but.if it was ' ., owned by fome perfon in the plantations, it mufb • , '^^ alio have been built there. : ^ .ii • As to the trade with Afia, Africa, and America,^^-^ 'f .^ >■ not being plantations of this countty, the flii|i J;!: might be dilmed by any one in England^ Ireland^ Ji^;;^^^^ «;,^ Wales, or Benvick, or in the plantations, but no-, v- • o . thing 'is faid of the built, in the fourth feftion ,, the ad fpeaks of goods of foreign growth, which, i *: it fuppofes, are to be brought in English-built nhippingy or other shipping belonging to fome . of the aforefaid places {viz. England, Ireland, \ Wales, Berwick, and the plantations); but the aft had before faid nothing of goods that are to be ^ ' brought in £w^/i*/i -built Ihipping, no built being fpoken of but the built of ihe>plantations, and that for the plantadon-trade. For the trade of Afia, Africa, and America, nothing is faid of the built, but merely of the ownerfhip/r t- - Arc* ? m> In the European trade the importation of goods the growth, produftion, or manufacture of Ruffia, and of the other goods (except currants) enu- merated in the eighth claufe, is to be in fhips owned in England, Ireland, Wales, or Berwick j but currants and goods the growth, produftion, or manufadure of Turkey, arc to be brought in Englifli-ii'f//^ (hipping, and nothing is faid of the ownerfhip. J-' w 1 I'i !■;:; i ■ i- ]i Ij ! I I 1 ';■ THE LAV; or rnaf- ngEng'i hecy non IMIZ i [hould be e plantan i\c' owner y currants lliOi-built. »hntauoii- lerica, the filkfirics, . perl'ons itt as-owneis. rade might J, Irelandy and Tur- y foreign- edno fort (lutcly the ing. But Lc law re- i, Ireland, :he fiftiery, y a maftcr l(h. I'i CAR. 11. TO A.v. nss. firitiih Shipsil. P'ng SHIPPINaAN® MAVIOATION. > \ FaoM all this it is dear, tha( the objeifl the parliament immediately propofed to itfelf was, to increase the number if seamen, and encourage the puitCKASiNG of ships by merchants, I'he building of fhips in England was rather looked to ' ' x as a confequcn^ to follow from the operation of ; thefe and other caufes. I SHALL now ftatc the retmlations made by ?*?,tJ;"s'"'' O / built Shippin; this aA on the built, oxcnership, and namgation J^^^^""*^" of EngliHj, or, as they are now termed, Britiflx fliips* The firft of thefe is, to explain the fcnfe \... in whkh English-built shipping is to be under- itood. It is to be underllopd, fays the aft, of Ibipping built in England, Ireland, Wales, the * iflands of Guernfcy or Jcrfcy, or the town of Ber- wickrupon'Tweed, or in any the lands, iflands, dominions, or territories to his majefty in Afia, Africa, or America, belonging, or in his pof- . feffion: and where Engliih-built ihipping is men« tioned in the Book of Rates as intitling goods to I ^y eafe, abatement, or privilege, in point of du^ tics^ it is always to b* underftood with the pro- vifo that the mailer and three-fourths of the ma- riners at Icafl: are Engifli; and wherever it is required that the maA:r and three -fourths of the mariners fhould be Englifli, they arc to b6 fuch during the whok voyage, unlefs in cafe of ficknefs, death, or being taken prifoners in the voyage j which fa6ls are* to be proved on the jath of the mafter or other chi'^f officer of [the Jhio ^. . . i - ; -*. ^ .'■■'•'■ • 'In ■m v., -A ' ■ !| . ^ Sect. 7. I *i iff 1-2 c A. D Brititk Skipi. .,>.V''V ■.■J'".) ft i-.'iCSS ' ■>4 THB LAW OF In ord^r to prevent foreign fhips pafling for ^ y. TO Englifli, which wts terndcd the colouring of fo- reign ihips, it was ordained, that no forcign-b\iilt fhip or veiTel fhould pafs as a fhip belonging to E?"iSo^',' England, Ireland, Wales, or the town of Berwick, to be register,^, and havc the privileges thereof, until the perfon claiming the property thereof made appear to the chief officer of the cuftoms in the port next to the place of his abode, that he was not an alien -, and (hould take an oath before fuch chief officer that fuch Ihip was bona Jide, and without fraud, bought by him for a. valuable confideration, ex- preffing the fum, as alfo the time, place, and per- fons from whom \t ^as bought, and who were his part-owners, if any (which part-owners were to take the fame oath before the chief officer of the cuftoms of the port next to their abode), and that no foreiguer, directly or indireftly, had any part, intereft, or (hare therein ; upon which oath the officer of the cuftoms was to give a certificate under his hand and feal, whereby the Ihip might pafs as belonging to that port. The officer was to keep a regifter of fuch certificates, and to re- turn a duplicate thereof to the chief officer of the cuftoms at London for thofe in England, Wales, and Berwick, and at Dublin for fuch as fhould be in Ireland j together with the name of the perfon from whom the lliip was bought, the fum paid for her, and the names* of the part-owners, if any*. Any officer allowing the privilege of a fliip belonging to England, Ireland, Wales, or Ber- wick, until fuch certificate was produced, or fuch I * Sect. 10. put out o By thii laid on France th or fet on long as a /hippingp < ' duty ceafc It has was confin I raging /yr, of them, the Englif parliament privilege o nor Englif ing for of fo- jn-bvilt ging to Icrwick, pcrfon ir to the Kt to the iciii and kcr that t fraud, tion, ex- and per- wcre his > ^;,;n tHIPPINO AND NAVIGATION. lip might ifficer was Ind to re- (ccr of the Id, Wales, fhould be the perfon m paid for if any*. of a fliip , or Ber- |d, or fuch ro ?»^*;Aii{ >I vJ %>iY r,%:r ♦ Sect. II, i proof on oath made } or who ihould allow fuch privilege to fuch fliip coming into port and la^RTiT^ making entry until examination whether the n\after ^w^iJA shipi. and three-fourths of the mariners were Englilh j or who (hould allow fuch privilege to a foreign^ built fhip bringing in commodities, the growth of the country where it was built, without examina- tion and proof whether it was a fhip of the built of that country, and that the mailer and three- fourths of the mariners were of that country j or if any governor fhould allow a foreign-built fhip to load or unload before fuch certificate produced, and examination made whether the mailer and three fourths of the mariners were Englifh ; fuch officer or governor fhould, for the firfl ofience, be put out of his place*. By this a6l a duty of five fhillings per ton was laid on all fhips belonging to the fubje£ls of ■..[,- > France that loaded or unloaded goods, or took in, or fet on ihorc, pafTengers here, to be paid as long as a duty of fifty fous was continued on the Ihipping^ of England lading in France f j which t sect. n. duty ceafed by the treaty of Utrecht. It has been feen, that the A61 of Navigation, EngUsh ships *-' 'to be Engluli- was confined, except in two inftances, to encou- raging property in fhipping, and not the built of them, in this country, and the other parts cf the Englifli dominions. But in the next year the parliament went a ilep further, and took away phe I privilege of Englifh fhips from all thofe that were not Englifh-built as well as EngUni-owncd. By jftat. 13. GC 14. Car. 2. c. ii. fed. 6. the collec- tors built. t*- ' ^ ,>: J- : r THB LAW dr ^''^w*^^ ' * tors and other officfers of the cufloms, in all the i^cA«:ii.To ports of England, were called upon to give an MM Shift, account to the collector and lurvcyor in the port of London, of all forcign-bwik Ihips in thctr ports, owned and belonging to the people of Eng;land, «nd of their built and burthen, for which certift- .' catcs had been made by virtue df the Ait of Na- .^ vigation. The colkftor and furvcyor Were t6 ' ■ make a lift of all fuch fliips, attcfted under their hands, and tranfmit it to the court of exchequer '. > before i December 1662. This lift became a [..' ' record of great ufe to enable them to carry into . ,.: execution the provifion that followed j Which was, that no foreign-built fhip, rramelyj . *i no Ihip not built in fome of his majefty's domi- V -''-^ nions in Afia, Africa, or America, or which fhould not have been bough*, before i Oftober 1662, and j cxprefsly named in tuc before-mentioned lift, [ fhould enjoy the privilege of a ftiip belonging to * England or Ireland, although owned or manned r, , , by Englilh, except fuch Ihips only as were taken | '-' ' at fea by letters of marque or reprifal, and con- demned in the court of admiralty as lawful prize: but all f^cli foreign-built fhips were to be deemed j aliens' fliips, and be liable to duties as fuch. It was further declared, in explanation of thcl Act of Navigation, that wherever, by that aft, it was required that the mafter and three-fourths cffl ; the mariners Ihould be Englilh^ the meaning was,[ ' ,.. . ' they fliould be the king's fubjcdls of England, Ire^l land, or the plantations j and the number was to be accounted according to what they had bctn| ♦ Sect. 6, 4wing the whole voyage *. InI i I giv« an the pott eir ports, England, h cettift- !:k uf Na- were tb )der their cKchequer became a carry into p, riamelyi ry's domi- lich (hould i66'2, and ioncd lift, [longing to r manned ere taken and con- ful prize: be deemed fuch. xion of the that aft, it -fourths (jf| [caning was, gland, Ire* ber was to had been InI 13 OAR. II. to Briiuh Hhipi. « Sect 35, SHIPPlNil AMD MAVrOATIOW. Ij» the fame aft encouragement to building large (hips was held out. Firft, if merchandize was exported from any pore of this kingdom, in a fhip capable of two hundred tons upon an ordinajfy full fea, to any port or place of the Mediterra* flpan beyond the port of Malaga, or goods were iniported from thofe ports or places in any (hip or wflel not having two decks, and carrying left (han fixteen piea*s of ordnance mounted, with mo men for each gim, and other ammunition pro- portionable, there was to be paid one per cent. over and above the duties of tonnage and poundage otherwife payable*. But filh, as has been before noticed, might be exported from any of the king's 4ominions into any ftich ports of the Mediterra- nean, in any Ehgliih fliip or veflel whatfoever, >v ! provided one moiety of her full lading be filh : T;';^, only : and in fuch cafe wares or merchandize might be imported in the fame fhip for that voy^e, without paying otlier duties of tonnage wd poundage than were before accuftomedf. t sect. 3c Secondly, For encouraging the building of good and dcfenfible (hips, a bounty was given for the term of feven years to perfons building (hips of three decks, or two decks and a half with a forecaftle, and five foot between each deck, mount- ed with th'rty pieces of ordnance at leaft if. The lame aft made provifion for better recovering the tonnage-duty of five fhiUings on French lhip» The next aft on the fubjeft of (hips was the before-mentioned ftat. I. Jac,2. c. i3. made in .*■'.' X Sect. 37. § Sect. <2A. the 5 ;• I 1' I - ' ,»«■■ IS 111* Hi '. -•? • .> ■% WcAt. ir. 'i« * Sect. 1. t Sect, a, Tlic PUiitatiim Rcgii'pr Act, Stat. 7. and 8. Will. 3. c. aii, -• ■ * a ■l\y- . .-'■'^X !'. Af^rdgbMifm prince who, AoiOng oiibcr>pecuitari- cies, wai' j;iiftlnguUhcd . fnocn hii pf cdvddTort in being tn iexperienced fe^officetv and, ifuli of at^ tachmenc and zeal &;* tho /einforyicci wWe.havc be6>re fcta, thac by this a^ all fore ignnbuiU ihipi and veinrds thenceforward bought and bcoughc into the lcingd6nfi of England, ^yales, or toWnof ficr^ wide, tx> be employed in carrying goods .or mer? chandize from port to port, were to pay at the port of delivery for every voyage, over and above all other duties^ Bve fhillings per ton; one moiety to the Cheft at Chatham, the other moiety to the Trinity Company*. A duty of twelve pence per ton was to be paid by thofe foi^eign Ihips air^ad^ employed in the coafting-tradc f* j r^«! v-Mii .ti 01 Th^ next regulations made refpe£):ing tjie built of ihips were in ftat. 7. & 8. fVill. 3. c. 2ai which has been already an objeA* of coniidcration, tindct the head of the plantation-trade. It was. meant to prevent the frauds committed by colouring foi reign Ihips under Englifh names. Xhis was to be efFefted by a more ftrift regiftcring than had yet been attempted. No fliip or veflel was to, be deemed or pafs as a (hip of the built of England, Ireland, Wales, Berwick, Guernfcy, Jerfey, or| any of the plantations in America, fo as to be| qualified to trade to, from, or in, the plantations, I until the perfon claiming property therein (hould regifter it in the following manner '.i.f; lo.iv/ ,;i,i;d f If the fhip belonged, at the time of regiftcrlng, to any port of England, Ireland, Wales, or Ber- wick, then proof was to be made on oath cyf one r^^' , .H • or ig iroi[» in /"o 3 have ilt -ihipi ight into I of fitrrt or. mer.f \y it the (id above ic moiety ty to the >cnce per ps already ;it(ie built aai which ion, tindci s. meant to ouring fch lis was tQ than had was to be England, erfey, or as to be ilantations, •cin fliouldl '^^■ , SHIPPING AND NAVIGATION. or more of the owners before the colleAor and comptroller of that port j if in the plantations, u cm: ». w or in Gucrnfcy or Jcrfcy, then before the govcr- ^,^1^ sf,iL, nor, cogetner with the principal officer of the re* venue rcfiding in the plantation or ifland { which oath, according to the form given in the flatute, being attcfted by the governor or cuftom-officer, who adminidered it under their hand and feal, after having been regiilered by them, was to be delivered to the mafter of the fhip for the fc- curity of her navigation } and a duplicate of the -. T regifler was to be tranfmitted immediately to the commilTioners of the cufloms of the port of Lon- don, in order to be entered in a general regifter to be there kept. Any ihip tra ing to, from, pr in, the plantations, and not htv^ig made proof of her property, as here >^irected, was v^ be for- feited as a foreign fhip, unl. fs Ihe was a prize con- demned in the high court of admiralty *. And * Scft. n, 18^ fuch prize fliips were required to be fpecially rc- giftered, mentioning the capture and condemna- tion, inftead of the time and place of building, with proof upou oath that the entire property was ,. Englifh, othcrwife fuch prize was not to be al- lowed the privilege of an Englifli Ihip f. * An exception was made in favour of fifher- boacs, hoys, l;?' ters, barges, or any open boats I or other velfels, though of Englilh or plantatioa I built, whofe navigation was confined to the rivers* or coafts of the plantation or place where they traded} all which were not to be regiftered j the regiltering being to be confined tofhips that crofs R tlic r> v^•■■l^:. t Sect, '20. .^'■■'v*- ■«i»i f ' ."i i i ^-t>g~' '•<,■':'• Ui *4* *. ft.' IW9. ' BrilitkShibi, ♦ &ct.«). > -»')■ t t Sect. 21. -»<■ the ftas to Of from Jplngla^d, Ireland^ •Qpcfnfcy, or Jcrfey, and the pl^tJ^^^,JHi^ j^fp ,W»fiB>WK t^tipn .to another*. " •;.'^'! .!.,., s:'.i-f Vt^A--^ ■^'v.vi- No (hip's name, when rcgiftcred, was-jcp bf i^tcrw^ards changed, without regiftcring ^he ^ihip de^ novo ; which was alio to i>e done onaay ^tfans^i fjif of property to another port^ and d«Hv^ri<^g up the former certificate to >be camielled, iindt,r the before -mentioned pena^s. And if therq w^i any alteration of property in the fame port, by the fale of one or more (hares in any f^ip afcpr rcgiftdring thereof, fuch fale was always to be acknowledged by indorfcment on the certificate of the regiftcr, before two witneflesji in order tQ prove, that the entire property in fuch ihip re- mained to fome of the fubje<5bs of Englandi if any difpute fliould arife thereupon f. Such arie thf provifiOhs of this acl for regiftering fhips ; whic^i; fubjeft has been re-confidered, an4 new-caft Jp the Regiftcr Aft pafled lately., ^(,,^^^fin!|.,non^ir The treaty of union with Scotland, which adr mittcd that nation to a participation in all the ad* vantages of our trade and commerce, communi- cated to their fliips the privileges belonging to I Englifli fliips. By the fifth article of that treatyj all fliips or veffels belonging to the queen's fubjec^s of Scotland at the time of ratifying the treaty, though foreign-built, were to be deemed and pafs a."; fliips of the built of Great Britain, the ownerJ or, if there were more owners, one or more ofj them, making oath of the fame j and that the Ihip did, at the time of making the depofitioiij ,n,/o i;>i . . ^''"^'y| U\{>J Wjpnfey, si\^ be there ws port, by ft^ip after lyi^ to be tificateof order to k (hip re- nd, if any ch are the which; SHIPPINd'-AUb NAVfOATION, whb!iy^Wong46 thcttii and that lib ferfclgnefa^ dirt6Wj^<)t- lndirc6Hy, had any Ihsirc/'part,' or'iri- ^TJ3I^^ tcreft therein. This oath was to Be taken bcfdit if^\f-i,i^^l, flic officcf of the ci^oms at the port next the c^bf the owner ; it was to be regittered khdf BfitifkShipf, •i> dellVerdiS tb the miftcr, and a duplicate tranf-* nHtt(Jid4d'thcdifef officer of ihe cuftoms at tfie pdrt of Edinburgh, to be there entered in a rdi giftfei*, rind thence fcnt to the port of London, to be there entered in the general regifter of trading flii^s belonging t6 Great Britain. Thb provifion made by the Hantiattion Regifte?^ Aft, ftdt. 7. & 8. JFiil. 3. for regiftering de nSvo^ ahd foi* making an indorfcment on the certificate, in dafes where the property was changed, had not bt*n bbfervcd with fuch ftriftncfs, but that the certificates of the regifter of feveral fhips .had bteirt fold to foreigners j and fuch certificates be* ing delivered to die purchafets, the Ihips of fo- reigners, under colour thereof, had been admitted tt> trade to and from the plantations. To prevent this it was enafted, by ftat. 15. Geo. 1. c. 31. thitnofhip or vclfel required by that aft, or by the ftat.; 5. Anyi. c. 8. for the union of the two .kingdor s, to be regiftered, and carrying goods, wares, and merchandize, to or from any of the flahtations in America, or to or from one planta- d and pafsltion to another, fhould be permitted to trade, or the owner,Bbc deemed qualified for that purpofe, within the r more offceaning of thofe afts, until the mafter, or perfon d that theftaving the charge of fuch fhip or veffel, (holild, depofitioiiApon o.ith before the governor or cdlk dor of the wholly! (-'."'.•■ R2 cuflorns cw-caft in which adr all the ad- communi- ilonging to hat treatyj n's fubjeias the treaty, ''±^Mi^ ■•:k' , it 1 .1 i ^^..-•^%4,^.«C.^#« ^••>«- •/.''•? LAW or '/!«l K't ■;.;:; ;/.;( burthen forpi of runload^ ntatv>ns, [\)t ^or- (he had ju4ice of ;, and the L'thcfql- ippefied m Ijaying tlic are the go-, re the (hip, was, as he tra4e, and but that it nd'lt, nor, of iti that privity or ny perfon of the ma- )ie6ts; and ong wholly his know- pr intereft. fecurityin iurthen,an(i Ihat the Ibip wasl ■•«^ '>Mpk e* Sect. 1 .#-, >: !* <•! lu/n .nf.Mll<;qo3r> ;*•> ttie Slip \jfeUy belongs to Britifh lubje^ts, ^d ji^^ / ;; ■ ' vi> foreigner has atiy fhareinit then uponf^cfi<)atfi[^ ; vJ'"^' ^: *Ct' ; in^ Dond the governor arid collef^pr fhall freelyj anc! wimou^feci give a cerftficateiiridcrthieir hands an4 tels ©rhis having macie fuch oatk arid given fuch.^ bbnd'i and thereupon the fhip (hall have liberty, to trade for that voyage only, and the officers tak- ing fiicli oath and bond are to tranfmit an account ttiercbfto the commiflHoners of the cufboms*. '.'''' ;BuT a cci4;ificate c/e novo was ftill neceflary in caSfcswnere the urgency of the fingle voyage was provided 'for ; and for obtaining that, the matter and one of the owners were to make proof to the . fansfaif^ioh of the c6mmiflloners of the cuftom8,'if tlie owners lived In Great Britain, Ireland, Guernfli fey, or Jerfey, and of the governor or coUeftoi* of tlie'cuftoms in the plantations, if (he was regiftered in the pfantations, and none of the owners refided in Qreat Britain, Ireland, Guernfcy, or Jerfey, upon oath of the lofs of the certificate, and alfo of the name, burthen, built, property, and oth*r particu- lars required by flat. 7. & 8. Will, 5. ?r> 3 before the fame pcrfons as was required in cafe of ori- ginal regiftcrs ; and jfhall give fecurity in £ 5cx>. if the (hip is of one hundred tons, and id in proportion if of more, to the colledor of the port co which |tlie fliip belongs, that the original certificate has not been, nor Ihall be, fraudulently difpofcd of, or 1^ ■£^'* I ! ( f % v\ •A*: ■f' ^T- ♦ Sect. 3. uied contrary tO law i and that when £oisridj . It ^ir^im* ^*^1 ^c delivered up to the compiiflioners qiiths Brit»hshipi^_ cuftoms to be cancelled. In fuch cafe, thfi'Oo^* miiiloners of the cuftoms, and the governemand' coJJcftor in the plantations, arc to periiait fbch fliip to be rcgiftcrcd tie novo ; and a cerdficatt' .;, c . thereof is to be delivered to the owners* as di-, reftcd by ftat. 7. & 8. /f^?7/. 3, mentioning' it iittf be granted by virtue of this a£k^ infte^d of * fpfc* mcr certificate : fuch new regifter if to l»vc the fame force, and efFeft as the original regiftcr ^nd cerdiicate ; and a duplicate thereof is to be tranfw initted to the commilBoners of the cuftpms5« This law for new regiftering, where the cert?? ficate was loft, was followed by ftat, ads. Geo., 2. c. 45. by which prizc-lhips, legally condcftincd, are to be confidered as Britilh-^built Ihips,: ^nd to have all the privileges %nd advantages thcreofj and be fubjcft to all the rules ^^fg4laa90S to wbicJv Britilh fhips are lubjefirf*'h''* .^])v Notwithstanding the exprefs manzicr in which the property of Englilb-built Hiips was, by tht regulafions concerning regifters, meant to be confipcd.to nacuralrbom fubjeds, yet it was n ■■: ■ found tSect. >, .J»A 'n ling' it 161 of ?i fpt* Kave the Liter ^nd betrxnG; the cert?» i. Geo., 2. Eidefiimedr s,; j^nd to ereofi and f to vjhkh - ■ ^'>:"* IjTeUJ&iittU ing's fiab-' the huiii; ers rcgif-T * the built er-rgeneral edby.ftat,, ■\" ]■■■)> laciwr in hips was, tneant to ret it was found SHIPPING' H^Wt^ I^AVICATION. found that foreigntfs^ ftillconttoucd to own fh^es of ihips^ which on that accoun* could not obtain: ia^cwTJ rcgiftera undcr>ftati 7. & 8, JFili. 3, To remedy srmshfp^ diis it was enafbcd by ftat. 13. Geoi j. c. a6. that no ibreigner, or other perfon not ucing a natural-^ born: fiibjc6t, ihall be entitled to, or Ihail pqii-* chafei: or contra*^ for, any part or (hare of any Bfiriihi ihip or veffel belonging to natural-born fubjefts, without the confent in writing of the Q*ner or owners of three-fourth parts tn value at ledl of fueh ihip or veflcl firft obtained, and in- dorfed on the certificate of the regifter b«»fcre two witnefles j otherwife fuch agreement, purchafe, and fale ihall be void. The laft |>rovinon made within the prefent pe- riod of the hiftbry of (hipping was ftat. 18. Geo, 3. c. 56. for opening the plantation-trade to Ireland 9, and by that a^ it was ordained, that all Ihips and vcffels built in Ireland, and owned by his ma* jetty's fubjedls refiding in any part of the Britifh< dominions in £urope> fhould be deemed Britifh- built, and intitled to the like privileges> in all re-* rpeft^, as (hips built in Great Britain : and all (hips belonging to his majcfty's fubjefts refiding in Ire-^ land, and not Briti(h -built, (hould be intitled to the fame privileges in all parts of his majefty's domihions as (hips belonging to his majefty's fub- |jefts refiding in Great Britain, and not Biriti(h or I IrlHl built* ii-*-iriy>^ '■»,'"'* "^; f,T< ;'' TT l^ ■■■ ' M •'' >; ■ '•"'I"' \'' The neceflities of war, which obliged the par- 'iamenc to relax the rules of the Navigation Adt in regard to the ; radc to and from th^ country, made '"'' it '•>■;-.••» •,■■ , •*.■ ill. 1 r'.vw.- Whet* ftii*fe« Se-*rir; 1 em- 1»I«»J«?» *Sec'. IS. 29. it expedieoe, fbmedmtSiJtoAcm^'^m thmuin^ i2.eA*ii.TO the manmng and levigating of Blitilli flaps.' 'li^huj; MaMShipti:^ by ftat. 6, i^^ll. C. 37. f» J! pi durUBJ^ the COOdTMl- anc» of the then war, privateers j or tnerfchart or frmdiiig iKips, might be navigated by IbrHgn fca- mev\, ©r mariners, not exceeding threes fourths of the iTiarin^rs at: r vie time employed, and the oithep faanh .vcy. to b" iiitires, or naturalized fubjteifts of Great Brit^iirt > fudden deaths and the hazards and cafualties of the fea excepted. A foreignfcr for ftr'ing for two y^tars, was to all infents and pur^ pofes to be aeemcd a natural-bom fubjeft*v ^V\ Tin nueen was alfo empowered to grant a H- ccfice to buy or procure in foreign parts Ihipsi not exceeding twenty, for privateering j and liudhihips; after the war, were to have the privilege of ihips Bricifh-built f.jsi;.^ 'to .nmw ^ftj' f)i ^.^'Hib'^myi wv.r .j:^ The liberty to employ foreign feamcnv\vas re* niwed in the war of 1740, by ftat. ij, Qw^i.. c. 3. when a general power was lodged m the crown, in. cafe of a declaration of war^ au: anji; future time, to permit by royal proclaniadtan adl merchant ihips, and other trading vefTels and prir Vatecrs, to be manned with foreign mariners and feamen in the manner provided by -this afk j and upon the publilhing of fuch proclamation, this; zd: is to be deemed in full force, and continue fd during the whole of fuch war J;. Foreign feamen, fo employed, are to have the privilege of natural- born fubje ploy foreign reaiiienii inithe iJ^netproperdon (ir)r, but 'withouti dietp-ivilcgt! QifrinJduhdizatx}nf(4iowtiuB fudi rcm^* ia«A»:WT^ pbyment.- This law was again, paiflea ; m i 'j^6^ jg^i^ g^j^ and in chc fix following years, whni aOmS^ hoAiw lidoi Sakfi^td { lf)i' in this tempoirary a^. there tviaa^ atlwaysiafaving of the king's power to iffue p«)*> V daiinatbhs updeir ftat. ij. Geo. a. x: j.r ^^? i Wicoinc now to fuch information as can h« G6Hefbed on the fubjedl of Britiih ihipping, anx^ which: will contribucs: to illuftrace the regulations that had 'been made by parliament on that headi^' rA As often as the Lcgiflature made new provi"; snips in?d(Bj»- rnms, which had the effcft of fhutcing out from p«iNiV»' thr privileges of Britifli Ihipping any number of Ihipr: liable to difqualification, attempts were made« - \' arget them reftorcd, by application to extraor4i-*> nary remedies.. In the time of Charles II; wheri' i; the prerogative of the crown to difpenfe withadls of parliament tsias confidercd as a part of the cort". ftitotion,' the privileges of an Englifti Hiip ufcd tos be granted fometimes by letters patent undcrthe great ^^h^ and fometimes by the king's fign ma- nud alone. This prafticc was very common} and at one time it was carried to fuch an extent of abufe, as to become an objeft of enquiry be- fore the Coi.imittee of Council for the Affairs of Trade and Plantations ; when it appeared that the king's fignature had been furreptitioufly obtained ia various inftances for this purpofe. The fign manual was preferred, as the lefs expenfiYe mode,/ Hv*;; '4 ,.t >.,-^' 01 ."Sti^'n'i "OhQ •■ii^Vf' J- («) Sut. a8. Geo. 2. c. 16, {i) Stat. i6. Geo. 3. c. 20. m •I IV ii \ I il I FART II. KB" CM. n, To- A.O. 1710. V HtfaAli MJti»-< By pnvate AcU. : I V .THE LAW OII>i*J>I1Ul<> and icvieral -fbips ufed to be futt in iihe Umft in< ftrument. The u£age and the law upon this pcunt is Uluilrated by the following curious opinion of Sir William Jones: He declared htitifelf of opinion, that a warrant under his majefty's fign manual would not be fuificient for making a fhip freci but he thought the king, by letters patent under his great feal, might difpenfe with the fta- tutc, and grant to the owners Aich priyilege, with ' a non obstante to the llatute .- and. he (thought the privilege might be granted, by die fame let- ters, to fcveral Jhips. Jtox> o9jV^f!ilk When this prerogative of the crown had been declared illegal by the Bill of Rights, fuch indul- gences could not be obtained but by aft of parlia- ment ; and before the Legiflature could be induced to interpofe in favour of particular ftiips, it be- came neceflary to lay before them fomc claim of merit, or feme very fpecial circumftances of hard- Ihip, as reafons to prevail with them to difpenfe with the general law. There are inftances of this fort where the parliament has been induced to con- fcnt to private afts for the relief of individuaisj and there are more, where they have refufed to g.'anr any relief at all. ,, *. i^ tcqiwi^Cu./iiuM ut ..li.ti, ^, . In the year 1689 a petition was prefcnted to the houfe of commons by perfons who had purchafed many Ihips in foreign parts, to employ them in the ccai and eaft-country trade. They alledged, that while they were^at fea fome few perfons hadj procured ftat. i. James 2. whereby their Uiipsj would after the 29th of September 1689, be ex- cluded from the coal-trade. It was moved to I yj (4 '54 to T-n-i tn^ in- r point rton of felf of 's fign 5 a fcip. i patent the fta- Tfi, with thought wnc let" jad been h indul- )f parlia- : induced )s, it be- claim of i of hard- ) difpenfc :es of this ;d to con- dividuaisj refufed to ted to the purchafcd them in ■alledged, irfons had bring ■ ';:-n.'} SHIPPIKQ!rAH1> MAVroATION. bring, iii a brU fiar the relief of fuch fei&nsi J^;;^^^ ind ppoi) %>divifion^ and a flight majonty (ii)V licAi. iv^w reavc< wa^ giv^ni but the l^ill was never pre* Bntithmit^ fentod(*). 6-i.', Nothing more was heard of fuch applica>« tiprii,' till after paffing ftat. 7. & 8. Will. 2. by vrhich a more vigilant Tyftem was eftabljfhed, and^ interloping (hip were lefs likely to efcape un-* nociccdi We find, that from the 9tli year of king- WUliam: as far' a^ to the eighth year of queen Anrie^. there was hardly a feflion without fome bill pafTing, to confer on a difqualifitd (hip the priri* leges of an £lnglifli (hip. But thefe, aD toge* ther, do not amount to more than twenty-fix in-.- (Unces* Thefe fpecial at^s of parliament granted the privilege «:ither generally, or in a qualified t manner, for forne particular fort of trade. Hinyrtt But in the eighth year of queen Anne, apeti-.< tion;was prcfcnted from the fhip-owners of the* port df London, complaining oi the many bills that had been brought into the Houfe, and of fome then depending, for ma! free foreign Ihipsi and alledging, that having, on the faith of the A£ls of Navigation, laid out confiderable films in building (hips, at a much greater rate than they could be Kuilt for abroad, they thought them- ftlvcs intitled in this point to the proteftion of the Houfe. This petition Aras followed by others from iKupwrights^ fail- makers, anH other perfons cm- jpbyed in the different branc^.c^ of trade conne<5led • :heir fliipsB quu ;i-uu v:;ji^.:v; :; .j. ^ri .(.'SM -^-idm^jia ^^ ?■■> -■-■>-(' '•'■■.;_>.. Imoved to I y. («K^4r*P 43*>/ ll (4hl«i Volv Com. Joarn. 208. .hul^ n. n ! Sriiith Shipt, V !•; THI LAW or ' './,"■ ■ ' ' • with the building and equipping o. (hips in the ^.ujiiuio port of London, and other Inaririm^t tbWns(cn ^^ . Cudci^cding law-officers, are cq\iaUy jjri her upper works intirely new, her nj^{^s all EngliHi, and (he had been thirteen years in the Englilh fervice (c). A (hip was bought ' two years before, ready rigged and equipped for a voyage, for fix hundred pounds ; there had been laid out in putting on an under keel and other Ihip-^ I Wright's wprk, four hundred and eighty-fix pounds onefhilling and two-perice, as appeared by the ': affidavit V ^. I-.,' (fl) 12 March 171K >v v (^) 18 February 17 14. > A (f) 28 July 1775. /'•■■ :..'V '.'i* ' ' m . ■—:_■--- -■„-- :.-^- ^54 tMI tl^^Of H I »l"l» y^^^ "' ^ MOf^uA'h rf the (hip^jTight And {mhh (aj. A fWp ^^ZymT ^'^ ^^^^ *' Archangel for fix hundred and fc- BfUtUijiMfi. venty^fbur pounds four fliillings and t^n-p^nec^, as appeared by a depofition tnncxed ; there was fince laid out in this kingdoni in putting in a new oak keel, and other fhipwright'fe and fmith's work, eight htindred and fifty-eight pounds eighteen (hil- lings and three-pence, as appeared by the bills and -; ' affidavits (/;). .:^ i^n^uuu.:^ ■' V But this practice, which had ufagc albh^ tft fupport it, and was evidently againft the exprcft ', meaning of the Ad of Navig.irion, and ftAt. 7. , i ' & 8. fViil. 3. was viewed witHjealoufy. We find ' ' in the year 1749 an oppoHtion waa endekvotired to be made againft it by the commiflioneirs of the cuftoms, who exprefled themfelvcs diffatisfied with the ufage, and efpecially with what was faid to be the prevailing notion in the Long Room, rtffftiely, that if a fovcjgn-built s/iip, bought by Bdtifii fubje, of Englifli fliip- building, flat. 29. Geo. 2. c. 34.* which, difpcnfcd, during the war, with Hat. 12. Car. 2. c. 18. feft. 8. and allowed the articles there enumerated to be imported in Britilh-built Ihipping owned and navigated by foreigners of ilifj place where the goods were the growth, a this &&. intitled capfHre t9 thi J t>cing,a ^jth tha of the (elling'l this /hip who jthicj mcnclijini to this c( nderatior fcjin,, fepi and thar cafCv jtii:, falc wa? i Qualified navigated I /ame as i^ The n Britifli fhi difcuflion. roan, mac within the To as CO (■'"'fJ -,11 IV aBfti*' '-^ •vsaK-s'Sti- *tr:r »■«»; -*w^ ■ =-a ■ *."* '^^-'^*«»™»*^ >•:' :inguifli- And he ind wcr« ;r. id to all afticc to \ the bills cral veri- howevtr, r circum- wcre con- mdemned, 3y ftatiucs inu^ce of s that any y prizes, ^fidered in taken prize aptured by merchant, modities of I :rs. It was! nportationJ ouragementl 2. c. 34.*' di ftat. n.l the articles Britilh-biiilt gners of ilif| rowth, giving I ^;^' ^■' .'»-.' , SHIPPIM6 ANp NAVIGATION, '^ • ' ■",' ■ iv. T ■"■'■*■ ' ^^»»gi.5^K5R"viJklgc of a^B^ ^ prizes uken, u depcndeil on' iuie conftruf^Ioh of '>M«Aii.nfvU '1, this aA 29,6^^0. 2. whether the fbp whic|i became ,^ g« >^ : intidea |K>i;ehc privileges of %itilh4)i|ftit by ^^^^ i^^.^ k^ v-^ captures continued to retain that quality^ When fold tq the Spaniiard. |t,was thought i)y mr. Star^ i(i> (aj), that oj^t:?.toi\'xi t> i.i's.i %) ,r- A': M'f> (a) 4 March 1758. {h) 23 Feb. 1758. m ■s. i ,; : 1 J I! I'; \ 'r<-*vV '»w.«i!t'. >•).*«>.■ VJ'*?'V:w Aim' iv P" m 111,' iK'ij^ 1 • i 1 i :' ; 3 1 : f 1 1 IS 1 1 11 i Wt u 1 , 9 Iff i ' I a u Biitith Siipf. ia-r-; , THE LAW or Jones {a} held, that both a mafter and mariner vicxnIu.To Ijorn in Ireland, or any other of the king's do- A D 1783 . •• ' minions, and having his habitation or refidence there, was as much Englifh withini the jntent of this aft, as if he tvere born in England j for this word English, when applied to nwfters ajid ma- rmcrs, is as large as when applied to fhipping; and this fecmed to him to be clearer from the words, that the master and three-fourths bt ALSO English i which words feeni to make the word English bear the fame fenfe in both rela- tions. He t'lOught a foreigner born being made a denizen of Ireland, if he had his habitation and refidence there, was as much English as if born there ; for by his denization he was become part of the peopk, and one of t!ic king's fubjeds there. Yn he thought a denizen of Ireland or \ England, and indeed a natural-born fubjeft of either, not having his habitation there, was not EugUsh w'.thin the intent of this a6tj for the former words are, not belonging to English or\ Irishmen, .^ut to the people of England or Ireland ; and the word English with the latter words mufi: be underftood in the fame fenfe. He I alfo thought that a native of Scotland, if he in- habited in England, v/as to be accounted Englilhj or Irifh within the A6t of Navigation explained by the Aft of Frauds, viz. ftat. 12. Car. 2. c. 18.I f. 7. and ftat. 13. and 14. Car, 2. c. 11. f. 6. andl \--rm--^iu.. . *. alfo j?; (a) 10 July i6?l5. V •>'' SIflPPING AND NAVICATIOK*'^ .. 2^9 alfo within the 4^ of Trade, ftgt. 15. Car. 2. .^^^1_^^, We find this queftion was again moved at the Brithh ship^, diftance of twenty years, when «SVr John Hawks gave an opinion upon it. A confiderable doubt arofe from the explanatory a -'x-:'^ i II 1 11 ii iWj fr^ ft^d THE XAW Of ^^^'[}^- ewr d«s aft mentions a suhject of England or i2cjw.li. TO Ireland^, he thought the vroi ds England or Ire- BNtiihsmpt. ^"^ redundant, and fo jQiould be rcjefted, and certainly would not exclude a Scotchman without negative words. But where the cafe of a Scotchman refiding in Ireland was fujmitted to the opinion of Mr. Wardey he refers to the Aft of Frauds, as con- taining the defcription of the palter and mariners j and fays, he apprehends that a man, though bom in Scotland, yet having from his tender ycani been educated, married, and a fctded houfekeeper in Ireland, might well be underftood to be one of his majefty*s fubjcfts of Ireland, and fo within the meaning of the Explanatory Aft ; from which k Ihould fcem he confidered this point as refting entirely on thofe words; and not turning upon the! general principles laid down by Sir John Ha'wlesA He alfo fcems to think, that being a houstkeepm in Ireland added ftrcngth to the cafe, for that isl wholly his own wording, there being no fuch faftj •IP the ftatcment laid before him. Such circumJ • - ftances fcem to have been thought of weight,! «nd had been ftated to Sir John Hawks j bu( he thought > made no alteration in the cafe, wheJ ther fuch Scotchman was a houfekeeper or lodgerJ fmglc or married. . , A SIMILAR doubt arofe after the Union, WheJ ther a Scotchman living in England ought to accounted as a fubjeft of S'^otland within th| meaning of the fifth article of the Union, ftat. \ Ann. c. 8. by which all ships and vessels kl c lopgini li I'' ■ f»).mj^' land or ' or Ire- %ed, and i without sliding in of Mr. , as con- mariners i mgh bom I [ider years' Dufekeeper I to be one J io within! from which! ; as reftingl ig upon the! hn Harvku loustkeepm for thatiM lo fuch faftl ich circumJ of weighiJ 'awles i buJ cafe, whc| r or lodger) Fnion, Whe- [ought to within tW lion, ftat.jl vessels k\ lovgiii^ SniPPIUQ 4ND NAVIGATION. ^ longing to her i4AJESTY*S SUBJECTS OF ScOT- . ^^^"^ "• . tAND at the time of ratifying the Union, *^*jf*,gjjj* though foreign'builty are to pass as British- srituh Suft, built ? And Sir Simon Harcourt {a) held that lie ought to be! fo cqnfidered. , (4) 10 June 1707. tVi'- ■".-■ , '^'fi^---f-tf'-^ ii;u ; i^^vmdl ViVvAiV.' Vii^ C^h^tSl r-j-r^?-^. j:..%i^ ^;r:;^ [!)ii77 ^fiOiatl ;S>x{3 .-jWtfi .:^0'S£ ^VU':>h y.() liifU /w- , id Q'i id:^gp ImuiQi'ii til ^;u"/v '!iiiif('^o:.H-;^v •><;/ . I ;j&fli .uoiay, ?{1f;)o ohinii anil ^lii lo,:§jiimw.' U u^Wi^i' \ii^a ^i^iAt lift ji:}i:iv* id J, ,.i •>>*, W^.'-^o^ ...,'"' S3 PART 4^* ' •1 i «!■ ii' ■' ( ( ! i ■'■ 1 _^i''i-V' _ .flRWPr «1 it. v-5^ ';•■•» ■^;. « ■ * ^ « '- ■ "f THE tAW OF PART in. .'«3ii; %'^. ''*.»'.. introduction/ 1 l! ':) nil! i I FROM THE PF.Arr 1783, TO A, s. 1792. PART in. i^l^HE fettletnent made by the peace in lySj, had a confiderable efFeft upon the fyftem of law refpe^ling Shipping and Navigation. A, revulfion which converted a great part of our American colonies into independent ftates, that had fhipping and commerce of their own, gave 'a new appearance to the trade of America. It became expedient to accommodate the law to th? cxifting ftatc of circumftances by fome new re- gulations, which the exigency of the moment might fuggeft. • ^ ' - - T«5 American trade became thus a new ful> jeA, and called for the beft attention that the legiflature and his majefty's government coulc} bellow upon its Connedled in fome mcafurci with this change in America, the registering] of Britiih fhipping and the fisheries prefented i themfelves as objefts of very important concern. Thefe three heads^ therefore* of our fubjeft,j •^ ' • ,. .. . . ' • •• i . namely, '■f% ■•;«.-4illJii: •-y^'Hti*. :.->, iijt W: A. ■ ■!>;■■ .' ■:S^ - > • .■ ■ ■ • in 1783, he fyftem ;ation. A rt of our latcs, that Dwn, gave icrica. It aw to th(; new re- moment new fub- 1 that the lent coulcl ,e meafurc egistering prefented \t concern, ur futjcft,| namely, • ,r S 4 (a) The earl cf Liverpcol. rnerous f-*. -fr. , ' SHIPPING AND NAVIGATION. ^63 namely, The Plantation Trade, The Fisheriesy ^^^^^^ and British' Shipping i will be feen to undergo '"*'**^"« very great moditication during the Ihort period «> a. d. uyi- that clap(ed from the peace in 1783 to the year 1792, and much more than in , any former period >' of ten times its duration. Indeed almoft the whole that has been done ' • ,^ /- . of thi§ fort has been accomplilhed within a ftill J- . ' Ihorter period; for it is principally fince the year ^J ■\,.\ 1785 that the great regulations refpefting the iifheries and British fhipping have been brought forward. At that time his majefty was pleafed to appoint a committee of council for the con- fideration of all matters relatipg to trade and foreign plantations, and foon after to place at the head of it a noble lord («) whofe fervices to this country in affairs of commerce and na- vigation have already had effects fo folid and cxtenfive, as to promife to be remembered when praife will have no appearance of flattery. It is to the fuperintendance and authority of this committee, and to the great knowledge and unwearied exertions of the noble lord at the head of it, that we are indebted for the very im- portant improvements in the law of fhipping and navigation, made during that fhort lapfe of time. ";■•*■ ■ ' From the year 1792 to the prefent time, December 1 806, the new regulations rcfpefbing Ihipping and navigation, have been quite as nu- M!- tli SI ' yi II ■i, r III j"-^*' - ."^VW^ . li Li •>>>, 364 FART llf. ^ .*;■ •' . THl LAW Of'' * ' /\,; ' merous and as various, buc they are not of fb MM^i'm P*™™*"^n* * nature; inoft of them being expc- 10 «. ». iiM, dients for fupporting our foreign commerce ag^nft the obftacles oppofed to Britifli navigation during ; war, by relaxing the reftridbions of the naviga- tion fyftem. To detail thefe iucceflTive modifi- cations of the eftablifhed law during the war of ' . *793> ^^ qualifications made in thefe nfM>difi^ cations upon the fliort interval of' peace, when ' the navigation fyftem was partially reftored, and the revival of the War Afts on the commence- ment of hoftilities in 1803, will give the appear- ance of edmplication, which has not been feen in the former period of this hiftorical difquiHtion. , i It is not yet known whether the continuance of hoftilities may not poflibly caufe other innova- tions, and make the Law of Shipping and Navi- ' cation ftill more intricate and variabi^* 3;... «*. .-■..,* ,1.. V .•>4^,.«T, ./••«•.■"%■ ijifxyq^jfy-iiti^ (v.'il- k^i$^imii. iif>'if}-i ■Nad' z-iia ^ - r:t(n\'\~.:>:}fj *i. »*. \ ^i\ys}pi% hf^h^^U:'^i ti*ili,)ii zia'?D ^t;? ?'Vw.!5!, ^ tHv.j.qfiif riv^H^v f,^M5?»cJ..fl?ai./ig^ "io ud'. oil ' .» " ' •• • b-^'f---*' '\ ;■'' ''•^^' .bjeTj'f-v» «.tn!>ii:Jlcj| . * ; >2r:objF.!nfiiq dtiJli€ s^Ij v^^ X^i^^ m-''^ CHAP. I "T >'0.'): » 1 . 1 » 9 1 * 4 SHIPPINQ Alf9 NAVI<; ATIO ...fS^ >^nv» 1 1 ^ ■ • ^n V^-^,^i m • :i-i.' CHAPTER ■f*'' 'T V-'vl|i:' fA " '■*><;* THE, PLANTATION TRADE. ' pie American Intercourse Bill, Stat. 23. Geo. 3. c. 39.— 7V«€ Newfoundland Supply Bill-^ Stat. aS. Crco. 3. (?. 6. — Intercourse mth the West Indies — Jf^ith the American Colonies'^ The American Orders in Council — The American Treaty-^Free Port Act — The In- demn'ity Act. — Decisions and Law Opinions, NOTWITHSTANDING the American colo- , ^^^'^J^^r nies had been fcparated froqi this country, from the I jud their independence acknowledged by the peace to a. d. 179^ of 1783, we cannot avoid placing them, with re- "jUJj'"* gard to their trade, among our plantiitions. This fccms 1»> .aWe as well to the confecjuences, as to the criHs ot their traniition from the flate of colonies to that of foreign States, which happened at this period i the Government of this country having imparted to them many of the advantages and (afemeniLs in trade, and in duties, that are enjoyed I only by tiie Britifh plantations. The firft parliamentary reguladon that applied Ifo the Uniced StateS} w^ made with a view of ^1/^^ .\ . .' giving ■I . /• ! ni rRoM Tii:^ TO A.D. n9'i. Plantalioix Trad*. y. i'A THE LAW OF The American Intercourse Bill/23.6eo.3. c. 3y. giving cftcft to "-he pracc : this was by opening the trade and i.tterccurse which ftood prohibited by ftat. i6. Geo, 2' t. 5. enforced by ftat. 17. Oeo, 3. c. 7. Thefe two adls were accordingly repealed by ftat. 23. Geo. 3. c. 26. It then re- mained to make a new difpofition of the trade applicable to the new fituation. The country be- longing to the United States now ceafed to be a part of the Britifh plantations, and fell back into the clafs of American dominions that were not intitled to any fpccial privileges in matters of trade. They no longer were intitled to come to the Britilh plantations, nor could the goods and commodities of their country be imported into Great Britain but in Britifh Ships. v ^ To adhere to the ftriftnefs of this rule, and exclude American (hips belonging to the people of the New Sovereignty, how acknowledged by us, would have manifeftcd fuch a want of difpofition to conciliate, as was not confiftcnt with the recent treaty of peace j and fomething was to be devifed that would bear a refemblance ^ the courfe of trade that had long fubfifted. |t was foon fcen tliat this adjuftment required a more minute in- veftigation than the prefllire of the moment would allow i the parliament therefore, inftead of laying down any permanent rule for r(;^ulating this com- plicated and hitherto unexplored fubjeft, conferred on his majefty a difcrerioniry power to make fuch order therein, as he from time to time Ihoiild be advifed to make. It was tna(5led by ftat. 23. Geo. | 3. c. 39. for the purpofe of opening a commercial inter CO una wid .it To t. which tl plantatioi that no whatfoev longing t at any p dearing c port in t are requi goods in hibited t( certificate tered intc a certifica cers appc pofe fhaJl pointed, that no fi oath was goods wer M' cordingly then rc- the trade )untry bc- l to be a back into were not s of trade, the Britilh immoditics eat Britain rule, and • people of ged by us, difpofition i the recent DC devifcd courfe of foon feen minute in- dent would a of laying tr this com- k, conferred make fuch fhoiild be it. 23.Gto. comn^ercial ntercouni PROM TIU PIACE ITil, TO A. D. 1792, rUtntai'mn Tradf. ♦<; '<^ tCi itories belonging to the crown r> 1 and thofe of the United Stitc;, n cc .acil (hould appear moft expedient ♦ Sect. 3. . SHIPPING AND NAVIGATION. intercourse (for this term, introduced by th? prohibitory acls, was now continued to exprefs the American trade) with the United States, that it fhould be lawful for the king in council, by orders to be ifTucd from time to time, to givo fuch dire^ior and make fuch regulations with rcfpcft .^ duties, drawbacks, or otherwife, for carry! «y on the trade and commerce between the Gr^it as > and lalu *. ^ To ii^s. American ihlps from the checks to which they were before fubjeft, as fhips bringing plantation goods, it was at the fame time ordained, that no manifeft, certificate, or other document whatfoever, fhould be required for any (hip be- longing to the United States arriving from thence , at any port in this kingdom, or upon entering or dearing out from any port in this kingdom for any port in the United States, except the bonds that are required fo^ duly exporting and not reL.nding goods intitled td a drawback or bounty, or pro- hibited to be ufed in this kingdom f* Where a tsec^. i certificate is neceflary for difcharging a bond en- tered into for landing goods in the United States, a certificate under the hands and feals of any offi- cers appointed by the United States for that pur- jpofe fhall be fufHcientj'and if none fuch are ap- j pointed, then of any magiftrate there, certifying, [that no fuch officer has been appointed, and that I oath was made before him by the mailer, that the [goods were duly landed J, ' This I Sect. i . ; IMAGE EVALUATION TEST TARGET (MT-S) ^ 1.0 I.I U|2£ 125 |J0 "^™ ■■■ no 11112.0 12.2 ill ||i.25|||U ||,.6 < 6" ► w t Sk^^^ j^ '^v^" '> o / "m w 7 Photographic Sciences Corporation 23 WIST MAIN STREiT WEBSTER, N.Y. 14SB0 (716) •72-4S03 4^ €v .«• %^% >'.V ■ r >./.\i'y TUi LA# OF PARTIIL } -to A. If. l''W«, * CI. ud .-■»f. .J^i .Jrji;^ •.ft Tun aA being expenniemal» and" to &rve the neceflky of the momenty w^ to continde only for a few months ; but it was alterwards {ucther con- tinqed by two a6is made in the next feiiions of parliament* namely, 1!taLt.24iGeo,yit.i» c. s. and c. I ^. It was again fiirthcr continiied by two ads paiTed in the fecond feffion of 94. Geo, 3.* and by another pa0ed in 25. Geoi 3., ^nd ib 00 to the 28. Geo, 3. by. an annual aA of con* ;;muance> without any alteration except the fol- lowing i namely, in ftat. 24. Geo^ 3. c. 45. the parliament united to the difcretionary power they had conferred on the king for regulating the trade and commerce with the United States, the fame poW(er to regulate the trade and cowierc^ with the:Brttifli colonic^.ln America, a» far as regarded iron, hemp, ikil-clotl^ and other articles of the produee of any place bordering on the Baldc, which, might be lawfiilly exported from this king* 1 his majefty by fUt. 23.*^^^. 3» S^^3$» To rc- ' move this it was enacted by ftat. Tj^GeOi$, c.;. (one of the annual continuing aAs). that if any | .' . goods or commodities, the growth or produdion * of the United States, fhould be imported into the Weft-India Iflands, other than. fuch> and* in fpch . manner, a$ by la^, or by that aiOsi, 01^ bt order of '■ .■ .'-."v' . .= - ■- • • . ■ »• i' i^ J^. ■.K T ?^ .^■ •V.' y^-v ^■■■U-. ^^f.^v.,. '^> . .. ■:'J y ''':"'.4.M:-, X-: A :.»■ f SHIPPING AWb NAVlOATIOlf. ■:'r;> >; ,^^ .• * . V. . .-. ■ -m ^'i^- ■■-■1 ^. U'r.„ '•«'.•>. •*);•';- ,";,ia!JC^^V-./ r^''>' ]k^'^':- hi» majeffy in cotmcil, fhould ht peitnitte^ t)iey t_i-y-^ ihofuld be forfeited^ together with die Ihip*. ^j^vm The ferfeiturc was extended by ftat. 29,Oeo.^M '"'^'^'^' c. $, fed. 2. to the es^rt from this kingdom of^ ; ^^IST* the beforementioned articles from the Baltic, and *scet4. to the import of American articles from (hi United States into this kingdom. y^, ; ^ In the fame aft the following temporary regti- latiOn was made reipefting the intercourfe 'between the United States and our Weft-India Iflainds, in addition to that made under ftat. 13. Geo, 3. c. 39. In order that no proviflons or lumber, being the ^owth or produftion of the United States, Ihould be imported from the fbreign ifltods, it was enafted liiat no 6our, bread, rice, fhingles, or lumber of any fort, ihouid be importedfrom a foreign W^^vi India Ifland^ with a provifo, that governors, iiy*;...' cafe of neceflity, might, with the advice of their'- -^ councils, authorize the import of fuch articles for a limited tim^. . ANOtHER exception to the power given to the TheNewfownj- king by ftat. 23. Geo, 3. c. 39. was contained in bui. ftat. 25. Geo. 3. c. i. which was made for rcgu-. ...^ i ' ■ 3 lating the trade between the United States and tl^e ^^^ :.v*'t' ifland of Newfot^land. By that ad, no goods or commodities whatfoever were to be imported into Newfoundland, or the adjacent iflands, frohi the United Sutcs, except* bread,, flour, and livq- ftocky'and that only in Britlfti-built ftilps, owhed by- the king's fubjefb^ and navigated according to %K*n«n4 ' vhi^h' fttouldy harye .ckaii^ '}^. . ':' '-"K^_ \-, ' \'"r ^" " •■ ; /^^ "■/".. (even V. VV .:■ !• t'. '^.■'. "iK- ./-, ■ \i j:~*.m- • '■.' 'Vs-rf .''.■-■ ..■'■' , - \.'.j--k '>*";}.•■'■ '^?fl't>'i«ii!%jniti^''t ^70 ' '■ '^■-•'^'•^r':';' THE LAVr OP PART HL fevcn months before the importation from fomc part "cehm °^ ^^* king's dominions in Europe, and obtained a *oA.D.ii92. licence, according to the form' prefcribcd in the 2>o*r* aft, from the commiffioners of the cuftoms in England or Scotland, or the commiflioners of re- venue in Ireland. 'This was to continue to 25 March 1786; and from thence it was continued, by ftat/a6. Geo.^.c. 1. to 25 March 1788. By (bit. 26. G60. J. c. t. Indian-corn was added to the other articles permitted to be fo imported. Thus flood the law in the beginning of the year 1788, refpefting the intercourfe between this king- ;" '-:''' * .' dom and the Unjted States, and between the colo- ,._ , ' ^ nies and the United States. As to the former, it : depended on an annual order of council, grounded ^ ' V, . on ftat. 23. Geo. 3. t. 39. c6rttinued and amended >i;\j '^' by lubfcquent afts, as befbre-mentipned i the na- ; .; - ■' ' ture of which annual orders in council I /hall defer *V ./: - fpeaking on for the prefcnt. As to the latter, it »' > depended upon the fame order, faving the branches of it which the parliament had taken out of the hands of the king : firft, by ftat. 25. Geo, 3. and • • ; 26. Geo. 3. v ' regard to the import of bread, vV* .,<-. flour, Indian-L ,, and live-ftock, from the United ' 'vvy. ''- States to Newfoundland} and, fccondly, by ftat. 27. 6rC(7. 3. c. 7. with regard to the circuitous im- -' :, porration of lumber and provifions from thence, ^ . ' 1 • through the foreign Weft-India Iflands, into our own. Thefe laws were now upon the point of - expiring, when the parliament, having again to ' declare its annual judgment upon the intercourfe with the United States, deemed it proper to make .. ^ ape^ ^ (-.?;■. SHIPPING AND NAVIGATION. ^71 I permanent law for fettling one great portion of part in. ^ this trade. The annual aA for Newfoundland was nou the , . /> n n "ACE 1783, left to expire. The annual intercourle act, ftat. . to a. ». V792, 23. Geo, 3. c. .39. was continued by ftat. 28. ^aSfe!*" Geo. 3. c. 5. fo far only as extended to the trade and commerce carried on between this kingdom and the territories of the United States; which at , .. ;^' once let fall the regulation concerning the circuitous : import of lumber and provifions, and the whole -' .^ ' ; of the order in council founded on it, which re- ,V/ : Ipefted the trade between our colonies and the ^i^ v'. United . Sutes. This latter was put into an a^, ,. V which was intended to be permanent. As the in- tended regulation was to contain the fubftance of what had been the policy of the orders in coun- » ' cil, and had now had the experience of five years added to the light which fome dif* : ; ^ - cuilion had now thrown upon the new polition in ;,/,', '. which the two countries ftood with relation to each ^^^ i>^ other, it was thought it might lafely be formed .;^y; ♦*, into a ftanding law, inftead of floating any longer :^ ^1 ';. on an order of council, that muft be renewed '".-'' Tk^;-:: every year. V--^-'- ■■:-.:<.. ..::'^' .-•:''., ^^;•.^ This gave rife to ftat. 28. Geo. 3. c. 6. which stat. 28. Seo. 7 contains the whole of the prefcnt law refpedling , the intercourfe between 'the Britifh colonies and the United States. The provifions of this aft may be divided into fuch as relate to the Weft- Indies, and fuchas relate to the colonies in North fy i J^i -.■''♦ As i( rtfs'5;Kl* ,>-. I America. First, with regard, to the Weft-Indies, it or- intccour,? jdains, that no goods or commodicics whatever ^J .^^ ^"^'' V. V fhall J :lf>. ! -•■ AOM TRt nAct vns. W A. D. Vt^, flmiaiion Traiit. « Sect. I. ^)i^^ t Sect. 2. tHS LAW pf IhaH be imported .or brought fr6fn any of the territories belonging to the Unked States into any of his majeily^s Weft'India Iflands (in ^ich de- fcriptton the Bahama and the Bcrmiada or Somert Iflands are induded), under the penalty of forfeit ture, together with the ihip importing theni) ex- cept only the ibiiowing articles; namely, to- bacco, pitch, tar, tfirptniinc, hempy^n^^inasts, yards, bowsprits, staves, heading-boards, tirn^ Iter, shitigks, and lumber of any fort j Horses^ neat'Catile, sheep, hogs, poultry, znd live-stock '/V^Of any fort j bread, biscuit, jflour, peas, beam, potatoes, wheat, rice, oats, barley, and grain of any fort ; fuch commodities being of the growth or produftion of any of the territories of the United States*; and thefc airt; not to be brought but by Britifh fubjeAs, and in Bridfti-buik Ihips, owned by his majelty's iubjcdtsi and navigated ac- cording to law, under the fame penalty of foN feiting the Ihip and cargo f. Thus far of the imports t;o the Weft-lndiesjj next as to the exports from thence. It is per- mitted to export from the Wcft-India-Iflands tt the territories of the United States any goods or commodities whatfoever which were not, at the time of pafling the ad, prohibited to be exported] to any foreign country in Europe j and alfo su- gar, inolasscs, coffee, cocoa-nuts, ginger, andl pimento : but tliofe articles, or any other (ex- cept fait from Turks Islands), are not to be ex- 1 ported but by Britifh fubjefls, and in Briu(h-built| Chips owned by his majefty's fubjeds, and navi- . gatcdl gated a mentior be requ tifh col( the exp< iiigof t by a cer t^ eonf States (c is no fuc by the m Such ment foi Iflands. were thus from the to admit which net this was, which are belonging but not o iflands for [no other jtRinedf. upon oath manned, pofe of hi lof thfc cuf tiihriage' d Ipofed on Y y of thfc 8 into any Mch dc- ir Somer« of forfei- ncly, to- tj Horgcsy live-stock js, beans, and grain the growth ics of the be brought buik (hips, 1 ivigated ac- alty of fo^ | V^cft-lndics} It is per- k-Ulands to ny goods or not, at the )C exported ind alfo su- r'mgert and other (cx- ot to be cx- Bricilh-built and navi- gated SHI^PIMO' AND NAVIOATION. gated according to law, under thcpcnaltjr before- mentioned*. In fuch cafcsjj where a bond Would be required on the exportation of gbbd3 to a Bri- tifh colony in America, a bond is to be given, on the exportation of fuch goods, Jor the due land- ing of them in the United States^ to be difcharged by a certificate under the hand and feal of the Bri-o iSti confiii> or any plEcer appomted by the United States (or of fome magiftrate, certifying that there n no fuch officer), and~ that oath has been made by the mafter, that the goods were duly landed f* Such is the plan of policy fettled by parliaf fflcnt for the intercourfe with our Weft-India Iflands, But, notwidiftanding all American (hips were thus excluded from, the general trade to and from the Weft-Indies, it was thought advifeable to admit them to a particular branch of trade, which needed more than ordinary encouragement: this was, the making of fait at Turks Islands, which are among the Bahama Iflands. Any (hip belonging to the United States coming in ballaft, but not otherwife, may enter the ports of thofe iflands for the purpofe of lading with salt, but for no other purpofe, under the penalty beforemen- tibned J. The mafter of fiich fliip is to make entry upon bath, declaring the built of the Ihip, how manned, who is^ mafter and owner, and the pur- pofe of his coming; and is to anfwer queftions touching thofe particulars, if put by the officeris of thfc cuftoms, on pain of forfeiting £ ioo§. A tbhriage duty of two fhillingsandfixpence is im- |rafed on fuch IHips, tb be afcertained by admea- T ^ furc- rKOM Till FBACB 1*783. to A. 9. 1792. PlafUation Trade. ».S«t. 7, 8. f Sect 10, ^ THt LAW OT ' furement ; and it is to be paid before any fait is laid on board*. To prevent the communicatioa thus pfcrmijcted with Turks. Islands being made a cbannd of i}. licit trade, no goods or commodities whatever are to be exported from Turks Islands to any part of the Britilh dominions in ^merica or the Weft-In- dies, or laid on board any veflel in thofe iflands, except fait -, nor to Great Britain or Ireland, ex- cept fait, and a)fo fuch goods and commodities as may by law be imported into this kingdom from all other countries whatfoever, free of all duties, iin- der the penalty of the forfeiture bcforementioned. This trade of fait in American vefTels, has been extended by ftat. 44. Geo. 3. ch. loi. to the porr$ of NalTau, Exuma, and Crooked Idand, all in the Bahamas, till 4th Aug. 1807. The next provifion in this ad is to obviate the circuitous trade that had been provided againft ia the annual ad of 27. Geo. 3. Nonp of the arii? cles permitted in the former part of the prefcnf ad to be imported diredly from America, arc to be brought from any ifland in the Weft-Indies under the dominion of any foreign European fo- vereign or ftate, under the penalty of the for- feijure befbrementioned f . However, in cafes of| public emergency or diftrefe, tlie governors of ^ny of the iflands may, with the advice and confent of their council, audiorizc the importation of thofcj articles for a limited time from any fuch foreign ifland, for the Hipply of the inhabitants j but fuch importation muft be by Britilh fubjeds, and in Britifli-built ftiips, owned by his majefty's fubjedsJ """'■.'• ^ - .' ■ ^ r'-'iC'^-K 'l:^^'^'-- ■- ^^\ -' ■ " '"'.'' ^ ^■\ v5 .-. . -■'•• ■■ •^'- ' ■- ' '■ ^*. , *v-._ •■ •■'•-■ . «nd na of this Sec( rican c( ever fh the pro wick, t pr Nezi. yiWin t naltyof of publi 4U t|>ofe tiie advi t\\ji imp timbers ^ogf» po hiscuit, r/fc, oat\ |ipiitcd ti ply q( th And, jcfty in c( nuthorize; impower thprize, hread, fit the Unitei iind fiiChcr Wibich i/nj l/«gulation: w fuch 01 .. . "s- -^.:: *■- P.'anlalion Trade, IntcrcoufMS with the Ame- rican Coluniei. * Sect 11. • SHIPPINP AWD NJkVIOATION. and navigated according to law*. Such is the whoj^e of thi3 aft, which relates to the Wcft-lndics. "'"'TJo^ VEACE 1(0.1, SecokplXi it ordains, with regard to tjie Amc- to a.». nw, rican colonics, that no gpod^ or commodities what> ever fhall be imported from the United States into the provinces of Nova Scotia or New Bruns' wickt the Island of Cape Breton, St. John*s, QT Netpfoundlandi or into any country or ifland ^yithin their rcfpeftive governments, under the pe- nalty of the fame forfeiture f. However, in cafes + *=•=*• ^^' of public emergency and diftrels, the governors qf 4t.c»i>: ^ ;^ thofe places (except Newfoundland) may, with • the advice and confent of their council, authorize , thjc importation of scantling, planks, staves, h.^0ding-boards, shingles, hoops, or squared timber q( any fprt i horses, neat-cat tlcy^heep, hogs, po^tltri^, or live-stock of any fortj bread, ^■ hiscuit, Jlour, peasf, beans, potatoes, xvheat, rice, oats, barley, or grain of any fort, for ^ jipiited time, from the United States, for the fup- \ ply of the inhabitants. And, with regard to Newfoundland, his ma- jcfty in council may by order from time to time > jKithorize, or by warrant under his fign manual impowcr the governor of Newfound' ,i to au- thorize, in cafe of neceffity, the importation of Ibread, Jlour, Indian corn, znd live-stock, from the United States fpr the fupply of the inhabitants m [vi^ fifljerrnen, fpr the then eUfuing feafon only i , bich i;nportatiQn is to be (Conformable to fuqh |;egM.lations and r?(tri6tions as (hall be ipecified lin fuch order, or warrant : and Xwc;h ipecial im- :^ 7 " . f . '. Ta |)ortations, ■ ; \< i.\'''- ,i' (■ *V*;I'_: ; '■ ■:' J4'.- i»AiiT ni >"(»< ( « sm:\s. fSKtll. { 8«ct. 1. :4^;' ■ ** ■J-X ^AW^ijK^fioni, wlijt^r t9^-!>^(i ^^<>^W4f^c^ the other '^<-«Mi^y 1\,is r^nSSft* *i*icfty'i (ubjcfts, and navigated ac' .}^*'jk THE LAW OP l-i ».V' ' ^ART iiT.^ Qr inland navigation, to be imported from thence F«oM . .•« into Great Britain, in like manner as if they were TOA.D. 1198. the produce of Quebec. ' . ,' * '''jffii?'* ^T now reviains to confidcr the orders in coun- Orderi in Council. The Atn«ican ^'^ '^at wcre Hiadc from time to time for carrying into execution the powers lodged in his majefty by ftat. 23. Geo, 3. c. 36, for regulating the trade with America -, and which were refervcd for this place, that they might not interrupt the train in which it was convenient! to arrange the foregoing (latutcs, all belonging to the fame fubjedl. ... . The firft order was made 14 May 1783 j by which it was dire^ed, that oil, and unmanufadlured goods and merchandise, the growth or produftion of the United States, might be imported dircftly from thence into this kingdom, either ip Britiih or American fliips, upon payment of the fame duties as if' imported from a Britiih plantation in Ame^ rica; and that there Ihould be the fame draw- backs, exemptions, and bounties on merchandize exported from Great-Britain to the United States, as on the like goods exported to a Britiih planta- tion in America; and American Ihips that had come into port fince 20 January 1783, were to be admitted to an entry, and entitled to the benefit of this order. The aft under which the above order was made having expired, and a new aft paflcd to the fame eflfeft, a new order was thereupon made. This or- : der was dated 6 June 1783, and varied fomewhat from the foi'mer. Inftead of the general words there ufed, it enumerated the articles that were to be be adr P^ bowjpr be land and tific albwan< cordihg within fl pitfcd^ goycmir As ye tMtbtt but on J ptffpqre/ |i.im,''](ug; and piiiie iMj^s Swf gatca'^c^ tothe'tJ |icrtiy*s go between t An order cilitate th giv^rt on* mmm lupbh the I thence icy were in coun- carrying ajefty by Jic trade i for this c train in foregoing 1783 i by mfadured >ro(iuftion :d difcaiy . Britilh or imc duties \ in Amc^ tmc draw- erchandize ted States, ilh planta- that had were to be the benefit r was made :o the lame Thisor- , fomewhat leral words liat were to be be admitted Upon the plantation-duty; namely, pitch, tar, turpentiiie, iiidigo, mads, yarc^s, and boWlprhs. It nirtlrer dirc^ed, that tobacco might be landed from thence, on paying the old fubfidy, and tfien be warchoufed, upon bond, with the allowance for payment of the further duty ac- cordihgtp the aAs in force. .^ ^ \ .. , r THil vai^adoh in the orders of cduncu, ilfued within ni9 than a month one from the other, (he#s hiyWiimettlcd men's minds were, and' how unprc- ^ittd^io agree upon any jjiermancnt ^yftem for governing the American tradr. As yet, nothing had been done to regulate the tfad^ between our colonies aiid the United States j but on i July 178 j, an order came out for that pitpgjlc J by which permllfion was given to expuit liMjlAigar,' mo)afl*es, coffee, cocoa-nuts, ginger, and pifeerito, fey Britiffr fubjefts, in Britilh-b.i|ilt Ihijs Swned by his ttiajefty's fubjeAs, and navi- gated According to law, from the Weft-India illands to the tJ^iitcd States^ oh payn^ent of the fartie duty, " aAd'iu^jei^'to the Jikc r«eguladons, as if they were ' ' ' ' ^ to a ^ritilb colony in America. '"*' ' i^, pXht in. TO A. t>. IfWP ftantdthin ■J>aA. iiyiV li. \ (. Stjci^ was tWliniitedintercourft which his rtia- Ijdfy's gdVcrhniiCnt thoijght it! expedient t6 allow I between the United States and the Britifh colbnies. An order was iffued on ^ September 17^3', to fa« ' cifitatc this intercourfe,' by direfting, that bonds . given 6rt' cleaning out ^bm Great-Brltidtt or th^ ' Wcft-lAdics, ahd cirrying tHi aboVc-Mhtlonfcd' gbti'ds^ to die tJhited JStates^ Ihould be difcharg^d lupbh the like certificates as arc required by the . ii«-).rtfttA •»''.T ,4 h !* I! ■'1 i ; ", I sil '* -X- / FROM THE MAC! imT, lYmk. 0. 1 THA LAW. OF A61 of Na\ ^gation, flat, x 2 Car. 2. c. 1 8. feiEb. 1 9. to diicharge bonds given in Great- Britain for the due landing of any -other goods in the United States i and dire£tion wa$ given that ^1 bonds taken lince the date of the former order, fhould be difcharged on the like certificate^ ^ '-ii^va- By an order of $, November 1783, an amend- ment wa^ m^de in the order of 6 June 1783, re- Ipe^ting the importation of tobacco, by di^fting, that in cafe of importation into the ports of Lon- don Briftoi, Liverpool, Cowes, Whitehaven, or Greenock, the importer might be allowed to give bond for the old fubfidy, a,s well as the further duties due, in the manner and with the allowancea mentioned by the a6ls on that fubjedtj and if fuch tobacco fhould be taken out of the warehoufes, at any of thofe ports, to be exported, the bonds fhould be difcharged in th^, manner mentioned in the a6bs of parliament on that fubjc(5^. Some doubt arifing concerning the allowance her^ made, an order came out on 19 November 1783, where- by it was declared, that the faid oj^der fhoyld not extend to the making any allowance for payment of the oM fubfidy ; and the port of Gla^ow was added to thofe named in the faid order of 5 No- On 26 December- 1783, a new order was if- fucd, containing, for the firft time, the whole re- gulation for the American trade, both with Great- Britain and with the colonies ; and .this order is particularly defcrving of notice, as the fiibje^k was there r, ftiould 1 amend- 1783, re- di^fting, , of Lon- javcn, or ed to give he further allowances, md i^ (uch houfes, at the; bonds entioned in £t. Some here made, {3, where- fhoyld not )r payment ialgow was of 5 No- let was if- whole rc- rithGreat- kis order is [fubjca was there, Plantation ■ J. ' SHIPPIN& AND NAVIpATION* '-■'^':— ^*^ there thrown into that form in which it has con- , ^AjT Mi,y timied, with very little variation, ever fuice. '""*•"/» ■ ■' . ■ ' . . FBACt 1783, In this order, there is another variation in the ™*.»- I'JW? deicriptipn of the articles j that is, oil, which had been a permitted article in the firft, but not enu- merated ^n th? fccond order, was not cxprefsly ' excepted s and th£ general defcription of unma- nufacturtd gopd^, uCtd in the ftrft order, was now added to the articles enumerated in tlie fe^ cond order; to which general defcription was added a guard, to prevent goods, otherwife pro- hibited, from coming in under this permiirion; tjie word§ run thus : *' any unmanufaf ^ri\h, being the growth', ^d ^- ^gig* d^uaiiotf iriy of his mfajefty'S Weft India iflandS, the Bahama iOahds, amd the Benin uda of Somer iflands. The e*port from tht Weft Indies was continued on the feme fo6tiflg a^ by the former • , order j *^ th^ whoik of the regulations of the preftnt Oi^r wef e made to extend to all goods i Imported fitoiti and (hipped for estportation to the United States fince 20 December 1783. . ^ Tni orders iffued on! i8 J^une and jo jfuly 1^84 {(he aft und^f which the firft of them was midt tontihuing only to i Atiguft) conformed preciftly with the 6he of the former year juft mentioned. On 27 Auguft in the fa;me yeafr, there camfe out a frelh order, gf^nded On the aft paflfed ^ that feffion of parliament r^ipe Aing goods of the Baltid. By this order the fartic drawback was al- lowed on ^exportation of foreign hdmp, 6r iron, t6 the Britlilk colonies, 6t to the United States, as ar^ allowed by law on their exportatioh t6 other foreign ports. By dm Order made 24 Novertiber 1784, the p6rt of Ldhcastet Was added to the other ports foi^warehoufing tobacco imported from tJwi Uilited States'. ^ Thi! aft pafled in th6 fefllons 1784, was macte "to contiifuc t6 5 April 1785 j th^ afts pafled after that ri '■" ' SHIPPING AlifD NXViGaTION. that w^re in lik^ mstnh^i^ annua) \ alAd f^ V^e#e fiie i of coufieil niad^ ii^dA them. The atinuafT ■%i Traib. or. efmad^ ? April iySjf, purftiied tht order of w«. ». 17^ the iomti y^a^ preeirdy; b^fldes ^hitR ^zii added, fof the fi^ft fiitic* a rtgiilation f6r the trad^ between the United State* and the BritrflJ co)6il[ie$ in North' Ameriea. It wa» Ofdertd, thfat no goodis 6f cohi^odhies being tte gfowtit' or mantif^diure of the United States* ihou)^ be Itct- ported into the provinces of NoDti Seotia or ifeiv-Bf'mstl^kki md tAeir refpe^ive dfepefK dencies, except horfes, iieac-caftle, fhcep, h6gs, poultry:; and all other fpecics of live-ftdck. And ilVe pr6vi{i6n3 ; pe^fe^ beafi^^ potatoes',- whtfac, flour, breads bifcuit^ riee> oats, bithyi artd all other fpecies of grain j alfo lumber of every fort j arid thcfe were to bf imported by Britifll fubje(fti, dftly, and iff none other than Britifti-fcui'ft Ihi^ii dlirhed by his rtiajefty'S fubjefts, dnd liavi^^t^d ac- cording to law, aild oiUy during fuch time as thd goverftors of thofe provinces Should, v(rith the ad-» vice of their co(t»ncilj declare the faifte by pro- clamation to be ncceffary for the fiippty of th6 inhabitants: further, no goods or cdntmoditics whaitfoever, being the growth or m-^uf^ure of the United- States, were to be intported into the ports of the province of Quebec. An order was made 15 February 1786, for ab- lowing the warehoufing of rice upon the fame' terms as were prcfcribed in fosmer orders witH regard to tobacco,- preferving the fame diftihc- tion between the ports tliiere named and others. In ^i^a -V ./' FROM TUK TO A. D. 119!2. JHantot'ton Trade. iL\- THE LAW OF W:» In the annual order made 24 March 17864 were contained fome few variations from the former. The exception froih the enumerated articles, which had hitherto been confined to oil, was now extend- ed to blubber, whale-fins, and ipermaceti ; and the word oil was changed into J^sh-oil ; the importa- tion niight b^ either in Britifli^buUt ihips owned by his majefly's fubjefts, and navigated according to law i or if in American Ihips, might be until I Jan. 1757 in ihips belonging to the fubjefts of the United States, and whereof the mafter and three-fourths of the mariners were Aibjefts of the United States: but if after i Jan. 1787 they were American (hips, they were to be ihips built in the United States, and owned and navigated as be- fore-mentioned. Thefe two alterations were, no doubt, fuggefted by the difcuITions that were now frequently had 01^ the fubjeA of the Southern Whale-fifliery, and the (hipping and navigation of the country, and which led to the forming two bills that were pa(red into laws in the then feflion of, parliament. Conformably with the ideas then prevailing, the exprelTion of British ships was changed into British-built ships. An afb having been pafTed in the lafl (enion of parliament refpe^ting the importation of tobacco, the former diredions on this head were dropped in the prefent order, and that article was dircded t;o be imported in conformity to the regulations of ftat. 25. Geo. 3. J. but the fpecial wording on that fubjc6l was retained and transferred to the article of rice. In the part that regulates the trade be- tween ,^v r 8 6, were ; former, es, which vextend- i and the impoittt- ps owned according I be until ubjefts of lafter and :as of the they were s built in ated as be- i were, no I were now ; Southern navigation >rming two hen feflion ideas then ships was ft fcflion of of tobacco, re dropped ras dircded 'ulations of ing on that the article ? trade be- tween SHIPPING AND NAVIGATION. tween the Weft India idands and the United States, tobacco is added as an article that may be im- non the ported from America tn the fair and laxvful way +«> *•». ww. of barter and trajic " between the people of 3>3j"* " the United States and thofe of the Weft Indies," as permitted by ftat. 25. Geo, 3. juft mentioned. ■ ^ In the annual order made 4 April 1787, an ad- dition was made to the enumerated ardcles, which now run in this orditr •.pig-iron^ bar-iron , pitch, tar, turpentine, rosin, pot-ash, pearl-ash, indigo, mafts, yards, bowfprits; and conformably with the policy begun in the laft annual order, if the import- ation was in American fhips, they were to be built in the countries of the United States, and owned and navigated as required in the former order. Again, the following articles were added to the enumerated articles allowed to be imported into Nova Scotia and New Brunswick, rather with the view of better explaining, as h fhould feem, what came under the word lumber, namely, every fort of fquared timber, fcantling, planks, boards, ftaves, heading-boards, Ihingles, and hoops. In other refpefts this order conformed with the one of the foregoing year, and the annual order made 19 March 1788 conformed with that of 1787 juft mentioned, except that every thing relating to the Weft Indies and the Britifh colonies was left out, thofe regulations being introduced into ftat. -28. Geo. 3. paflfed that feflion of parliament. The annual order made 3 April 1789, purfued that of the foregoing year in every thing, only ' that wheat, which had been prohibited by an order ,': I •i ( i 4 ? / •»f » ..' order of i;f]|i|Bei| 4ateii ^5 Jpat i<7|8j on ;iccount num TKi q( ao aUrm about t|ic jBfeOifn %^ whidii wi^ Tup- Sm. 1783. pofiEci ^o h^yft ipfcfted the An^rican Cfpp, hvm 'jflS?" added to the articles excep|cd from importjifion. The jU>0Mi4 order rnjuk in April 1790 contained no alterations fron^ that of 4ie foregoing year, bpc that wheift iv^ ^o longer among ih^ excepted articles. • ' ' SoHii doubt had been flarted upon the meaning ^ of the Aniencan ordpf, )p?hich applied to it in all its changes from the iiril i^ue of it to the laft} ^ namely, What was to be tl^e conHruAion ^s to thoCe articles imported from the United States which were not enumerated or defcfibed in %hfi order ? And upon exjimining th^e order itfelf, a doubt was raifed upon the warding. Some con- tended, that the words towards the clofe of th firft fcftion, and no Other, were to be underftdod . ' as referring to the articles-, ai)d then the mean- ing would be, that no other articles than thofe ; enumerated and defcribed fhould be admitted at ~ ^1. Others contended, that no other referred to | the duty ; and the mea,ning was, the articles enu- merated IhouJd pay the duty there ipecified, and I no other duty : and they held, that thofe arti- cles that were excepted, and all other articles I from the United States, Ihpuld be imported upon \ ' the general duty to which they would be^fubjeft, if coming from any other place. The latter is ,fnofl: probably the fenfe in which the words were ufed by the framers of the firft order -, it was cer- tainly the fenfe in which they had been conftrucd .'--... at a . / 4 SHIPPING AKp mMWiOATWH. ' ffi^ at the cuftom-houfe. 'Ppt to remove all ^ovk^, if ■^^^-"^'j* W39 thougi^ proper, t^ ^ order of cqiiind^ ^^P^' ^ould be n^i^SoiT explsamng this doi|b$» aaidputr t!S a!L iidifl tjoig beyond all difpyte the words of anjnftnfr Z*"**^^ pjiex^t, that coDtaioed the law. for governing chp whole trade with the United States. Thi;^ wa^ . ^, . accordingly done by an order made 6 0(SI. 1790 > ^ / ' jo which likewife was removed an ambiguity to ^ >•- which the word oi7 was fubjed, from the printer . ' b»vip^ interpore4 a, comma jbetween that wof(| ai|f) tJiewordj^^A. iv*'"'-' /■■^•K'y'..:-'i^ ' .y^^ Thje provifioi^s of this explanatory order are as fqllow: That 0^1 made from f^fh or creatures liv- v . g ing in the re$> and blubber, whale-fins, and fperr maceti, and alfo all other goods and merchandize, ' , ■ the importation of which into this kingdom is not by law prohibited, being the grpwth, prodiiftion,^ . . , , pr ma^MfafSture of any of the territories of the . United States, and not enumerated or defcribed in the annual order, may be imporjced upon pay- ment of fuch duties of cuftom and excifc as arc •- ' payable oj> the like goods and merchandise im- - . nprted from cpyntrics not under the dominipn of his majejfty, according to tables A, and D, and F, in the confolidation aft, or any fubfequent law 5 and where different duties jjrc there Jmpofcd on orted uponB^ ^^^^ goods coming from different countries Ibc fubieft,BP°^ Wilder the king's dominion, then upon the he latter isBN^^*^^ ^^^^ ^"^^"» ^'^^^"^^ S°°^^ are to be v^ords were fc^^l^^ ^^ drawbacks, according to thofe tables. itwascer-1 '^"^ annual order ifTued i April 179? wa? account was fup< nop, ym jprti^ion. contained year, but excepted s meaning JO it in all ) the laft} ^ion as to Xfd States bed in the T itfelf, a Spme con- lofe of the underftbod the mean- than thofe admitted at referred to irticles cnu- cificd, and thofe arti- her articks ^'1 :n con: l^ruedlvordqd confprm^bly with this explanation j and at the, .4 B II 'I'l, '.--^ ■ N "Plantation D-ade. The American Treaty. .J a88 -^^ " Trfir Lkw or ^^t"j. A€ order iflued i April 1792, isyijtcrtl copy of ""rS^ - ^^^ ^^ ^^^ preceding y^ar j and ^^ order, ^l'!v;9i /opported by annual' a6fc8of-xontuTOln<^^^^ with the United States was carried ■% tSl^ the year 1796, when this portion of the^ Jlfitterican i^de was fettled by trpaty, whichgiive rife to flat. 37. Geo. 3. c. 97. By this act, it is made lawful to import into this kingdom, direftly from any of the territories ;ibf the United Stated of America^ in Briti(h-built Ihips or vcflcls, owned, navigated, arid r^giftercd according to law, or in fliiips built in the^ countries belonging to the United Stacfes of America, ot any of them/or in Ihips taken fey |nyof the ihips or veffels of^ war belonging to the ^gWiKrnmtnt, of any of the inhabitants of the faid United States, having commifHons or letters of marque and re< prifal from the government of the faid United States, and condemned as. lawful prize, and owned by»the fubje61r$ of the faid United States, or any of them, aifi/Whereof the mafter and three-fourths of tl)e mariners, at lead, are fubjefts of the faid Unitied States, any goods, wares, or merchandize, the growth, produftion, or manufacture of the United States, which are not prohibited by law to be imported from foreign countries, upon pay- ment of fuch duties of cuftoms and excife, as are payable on the like articles, when imported in Sritifli (hips from any other foreign country j and | where thofe duties are different, then upon the| loweft of them. * Further, it is ordained, that pig iron, bsrl -!r-' tVOHi "S. .' '■- I copy of is order, thti trade i^t year ican ^^de ) ftat. 37. iport into territories ritilh-buUt rtgiftered e countries merica, ot )f the ftiips a-nmtnt, ot itcd States, 3UC and re- faid United , and owned ates, or any hree-fourths of the faid erchandize, ure of the d by law to .^ upon pay- cife, as arc imported in ountry j and n upon the Plantation 7^n "■•'■'■ J- iroih *'''' SHIPPING AND KAVlGATIpK. iSj irdn, pitch, fart turpentine, rosing pot ash, ^ARtjii. pearl ash, mdhfyganti^, masts, yards, and bow- »«•« thi ijj/*i/*, the-gwJwth, produftion, or manufafture T«»A.D.i8oi of the United States, and tXX staves, and unma- nufafbured goods and merchandife whatfoever, which are not prohibited^ by la# to be imported from any foreign country,* being the growth*, or produftion of the United States, may be imported in American or Britifh (hips, as before defcribed> Off the like duty, as if imported in Britifh built ftiijjs from a Britilh iflandj or plantation in Amc'*' rica, though not accompanied with the certiHcatcrs heretofore required i^fubjeft, however, to the coun- tervailing duties, impofed by this adt, when vnH ported in Aiperidaifihips. This aft retains the provifiohs about tobacco andWc*?, that ufed, to be in the annual orders j alfo regulations about duties and drawbacks, [that do not properly belong to. this work* The rovifions of this aft were rc-enafted* in ftat. 41. eo. 3. c. 95. in order to communicateFto Ireland e fame comniercial intercourfe as was enjoyed y Great Britain. ' '^> *'-> ^ -' -f^ ^v' • This aft was to continue as long as the treaty, n the year 1 805, it was difcovered that the treaty, lythc terms of it, was at an end. By the 28th tide of the treaty it was agreed, that if new ar- angements fliould not be agreed upon and per- cted, refpefting the fubjeft of the 12th article, ly the end of two years, from the figning of prc- minaries of peace for the termination of the ex- ing war, then the whole of the treaty, except • '. U . the f 1 v- :/: fc • I . THi I.4W OF v.. T VKACt tTW, T0 Ak D. 1806. Jtntttn/ioH IVatb. Free Tort Act. 1- * Sect 1. the fbft ten ftttlcles, (whicii ten artidei do not make t))C fubjeffc of this a£t) ^ihovld ceafe and expire. No ftcps were taken cowanli fiKth arrange* menti accordingly that part of the treaty, and with it the a£b of parliament which carried it into exe- * cudon, expired. It was, however, deemed expt- dicnt, that the navigation and commerce becweqi the United States and this kingdom, fhoiild ftiU be kept up, and an aA, ftai. 45. Geo, 3. c. 35. was pafled, for continuing ftat. 37. Geo. 3. to the ift June, 1806. It was further continued by ilat. 46. , Geo, 3. c. 16. to the ift June, 1807. The articles imported are, by thefe ads, to pay the 6,\mts im- pofed in the new Confolidadon Ad, fta^. 43. Geo. 3. c. 68. except com and fiour, which are to pajr the duties impofed by the Corn Ad, ^t. 44, Geo. 3. c. 109. Anothsr point in the prefent policy with re- gard to the plantadons, is to encourage the trade that can be carried on by means of free-ports in the Weft Indies. For this purpofe the ad of 6 Geo, 3. which had been, dropped, as far as regarded the free-ports in the ifland of Dominica y ati fince ftat. 21. Geo. 3. and was now upon the point of expiring in toio, was repealed by ftat. 27. Geo. 3. c. 27. as far as regarded importation 01 exportation, or the admiflion of veflels, or duties payable diereon*. The repealing ad thei goes on to make regulations dc novo, adding ti the number of ports before opened, reftridlii the commodities admilTible to certain enumeratei articles, and limiting the tonnage of the fhipping. Thi siclo not ccafe aod 1 arrange.. , and Tvith : into exe- tncd exptr e between hould ftill .c. 35-w» to the ift by, (tat. 46. 1 rhcartides e dunes im- It;. 41' C^^'^'l 1 are to pay I a:, ^at. 44,1 icy with re ge the tradcl :-ports in thtl £t of 6 G(o. as regarded! ninica, ever] )on the point by ftat.2]. iportation 01 effek, or " iing aft thei 10, adding t( , reftriftii cnumeratci the Ihipping. , SlItPPIHO AND NAVtOATtON. this r^peaKrig aft has hfelf b^en fttcl^ repealed^ together with the feVeril afts which hid been *»om mt Ribfcquently made f6r amcndmg it> and incriaflng to a!b. 1 the number of free-ports. I (hall, however, ftatc ^j'^^*^ 'the matter of thcfc adts, in order that all the ftcps • .'•; by which, the poHcy of free-ports advanced to Hi t' , , . • prefent ftate, may hi remembered* ."''.. TMirs, byftat. iy. Geo. 3* wool, c6ttoln-Woo^ indigo, cochineal, drugs of all forts, co^oA, log- .>.iat*s.* wood, fuftic, and all fores of wood for dyei^ ufc* . ' ', hides, fkins, and tallow, heavier, and all forts of 'f Af-^i^/ fdn, tortbife-ihell, hard- wood or mill-thhber, mahof|any, and all other woods for cabinet-ware, hori^s^ a(!esi mitiles, ^d cattle, being the growth ' or produftion 6f any colony or plantation in Ame- rica, belonging to, oi* uhder the dominion of, any foreign European fovereign or ft^te } and all coin ' and bullion, diamonds or precious ftones, might >i>/"^t, be imported from fuch colonies or plantations ihto , flic ports oi Kingsiotii Savannah la Mert^Mofi- - Ug6 Bay, and Santa Lncea, in the ifland of Jamaica, the port of St* George in the ifland ofi Orena ' I f 1 t^H 1 ,1 : * Sect 4. t Sett. 5. t ;,■* THE LAW OF produce of « Britilh ifland, negroes brought into /(OMTNi cliofe iflands in Britifh-buih (hips, owned, navi« R'^'n-i^. gated, and rcgifl;«red according to law, and all 'yJSi"* "^*nncr of goods that had been legally imported into thofc iflands, except malls, yards, or bow- fprits, pitch, tar, turpcrtine, and tobacco, and alfo except fuch iron as fhould have been brought from the British colonies or plantations in Ame- rica*. The legality of fuch importation was to be firft made appear to the fatisfaftion of 'M .,ffi. ccr of the cuftoms t. ^^ **,;.*& The enumerated articles fo impor»^fo might be exported to Great Britain or I (land, ( ndcr the fame regulations as are laid u o .^ii in the A61 of Navigation, flat. 12. Car. 2. c. 18. and flat. 22. & 23. X^ar. 2. c. 26. and alfo in flat. 20. Geo. 3. c. 10. which laid open the colony-trade to Ire* land :{:. No goods or commodities, of the growth, pro- du(^ion, or manufadlure of, Europe, or the Bail Indies, or other places beyond the Cape of Good Hope, were to be exported from the iflands of I Grenada or Dominica, or the Bahama Iflands, to any other Britifli colony or plantation in America or the Wed Indies §. The regulations of this aft were enforced by the ufual forfeiture of the fhip and goods. No fee or reward was to be taken by the officers of the cuftoms for any fuch| foreign vcfT. v, - th:; goods and merchandize im- ported or c .rr»",., i. 'lerein y Alterations were afterwards made in thisl •a^tu It being found that the limitation in the iiiut^,, . tonnage tSttA.6. fStdLl. Sj«t 8. jght into ed, navi- f, and all imported , or bow- acco> and in brought \ in Amc- ion was to )f C^^ <»ffi« I. might be iindcr the the Aa of ni ftat. 22. 20. Geo. 2' idc to Ire- rowth, pro- or the Eaft ipc of Good le iflands of I Iflands, to in America ions of this iture of the 1 was to be for any fuch| :handize ini' ladc in thii ation in the tonnage SHIPPINO^ND NAVIOATION. , tonnage of the vefleli was too great a reftratnt on the trade, it ^as taken off by ftat. 30. Geo. 3. c. 29. but the veffcls were limited to one deck. Again, it bein^ f^rongly rcprefcnted, that perfons who inhabited within rhe limits of countries ad- mitted by us to belong to European fovereigns, but who did not hold themfclvrs to be subjects of fuch fovereigns, were anxious to participate in diis trade, it was, by ftat. 31. Geo. 2' c. 38. feft. 7. extended to veflcls owned by any perfons inhabiting fuch countries on the continent of Ame- rica. Bv ftat. 2Z' Geo. 3. x. 50. fe6b. 8. tobacco was added to the free -port articles, that might be im- ported. The prohibition in fcft. 7. was taken off by ftat. 38. Geo. 3. c. 39. which allowed "jch Eu- ropean goods, and alfo all goods legally imported from any foreign colony, to be exported in Britifti Ihips. This permiflion applied to Grenada, Domi- nica, Jamaica, Antigua, and Trinidad, all which I iflands had then their free-ports. The ftat. 27. Geo. 3. like the former Free Port lAifb, was a regulation of experiment, and wa;^ to condnue in force only for a limited time. It was continued by fubfequent a£ts, and at length made perpetual by ftat. 32. Geo. 3. c. 37. By ftat. 32. Geo. 3. c. 43. a fort of Ipecial free- I ports was made for fugar and coffee. Sugar an i' IcofFce, the produce of any foreign country or plan tation, might be imported into the port of NaJflTau, land into any other port in the Bahamas, Or Ber- jmuda Iflands, that ftiould be approved by his ma- U 3 jcfty U! 'f.' I '" I "•*^.;- V \\\ l^Acit 1783, TO A. D. 1806. Phnfqfhn Tri .,-t. '■ihS rtn LAW or jcfty in council, under the reflations of the Free Port Afts of 27. Oeo. j. and 30. Oeo. 3, By ftat. 3j. Geo. 3. c. 50. fcft. 10. this policy^ with rcipcfk to foreign fiigar and ooflfee, was ex- tended to fuch ports in the iflands called Caicos^ as iliould be approved by his majefty. While the import of foreign ftigars was thus facilitated, it feemed confident to repeal ftat. 12. Geo. 2. c. 3Q. and 15. Geo, 2. c. 33. which conti- nued to hpkl out an encourageipent, (of which^ however, our merchants, as has been before ob- feryed (a), never availed themfehres) to carry our own fugars to foreign parts j this was accordingly done by ftat. 34. Geo. 3. c. 42. fcft. 7. Additions were further made to the number of free -"ports j as by ftat. ^3- Geo, 3. c. 50. fed. 1. the port of Antonb, in the ifland of Jamaica, and that of St. John's, in the ifland of Antigua ; the latter was only for a limited time, and was to ceafe, by its laft continuance in ftat. 41. Geo, 3. c. 97. on 10 July 1805; by ftat. 2^- Geo. 3. c. 55. the portof Scarbot rough, in the ifland of Tobago i by ftat. 37. Geo. 3. c. 77. the port of San Jofef in the ifland of Tri- nidada; by ftat. 41. Geo. 3. ft. 2. c. 23. the port of | Amfterdam, in the ifland of Giira56a j and by ftat. 42. Geo. 3. c. 102. the port of Road Harbour, in the ifland of Tortola-; this lalfcr was to con- tinue, as an experiment, only to i July 1803; it| was further continued, by 43. Geo, 3. c. 133. to 25. Mar. 1808. > ^^^ * - ^ : il (a> V^. ant. 7jf. Such •1? PHOM T>B PEACE 1783. TO A. p. 1806.. Planlttiion Tradt. "shipping and NAVI8ATI0N. ^Su^H wji» the Uw: under the Free Port A(fli ilat. 27. Geo. 3. stnd thofe which followed it. After the addkiom and alterations that had thus at dif- ferent times been made> it was thought advifable I ta repeal all die former laws, to confolidate the New Frw-Pert [matter of them into one aft, to make perpetual fuch as wcrf temporary, and to make an addition of other ports, namely, that of St. Anne, in the ifland- of- Jamaica, Pitt*s Town, in Portland Har- bour,- in^ Crooked IHand, one of the Bahama Iflandsj Kingston, in the ifland of St. Vincent, and the principal port in the ifland of Bermuda. This was done in ftat. 45. Geo. 3. c. 57. the pro- vifions of which, being the whole of the Free Port S/^iem, as it ftands at prefent, are as follows: m» feme articles as were enumerated in flat. 27, XGiO' 3- namely, wool, cotton wool, indigo, co*- \mneal, drugs, of all forts, cocoa, logwood, fistic, and all forts of wood for dyers ufe, hides, ukins, and tallow^ beaver, and all forts oi furs, mrtoiseshell, hard wood or mill timber, ma- mgany, and all other woods for cabinet ware, , pr*eA', asses, mutes, and Cattle, being the growth or produdlioni of any of the colonies or plantations in America, or of any country on the fiontincnt of America, belonging to, or under the dominion of any foreign European fovereign or late, and all corn and bullion, diamonds and pre- ^lous stones, may be imported from any of the [aid countries into the feveral ports of Kingston^- favamia/i la Mar, Montego Bat/, Santa Lucea, intonio, and St. Ann, in the ifland q( Jamaica-, ' U 4 the 'J i.S 11 .i , ' M il I:i!^i PROM THE MAO 1763, TO A. D. 1806. Plantation Irade, * Sect. t. + Sect. 2, 3. ■ ' ' V THE LAW OF the port of 5/. George, in the ifland of Grenada; the port of Roseau, in the ifland of Dominica', the port of St. John's, in the ifland oi Antigua; the port of San Josef, in the ifland of Trinidad; the port of Scarborough, in the ifland of 2b- bago J the port of Road Harbour, h. the ifland of I'ortola; the port of Nassau, in tfie ifland of New. Providence, one of the Bahama iflands ; the port of Pitt's Town, in Portland Harbour, in Crooked Island, another of the Bahama iflands J the port of Kingston, in the ifland of St. Vincent j and the principal port in the ifland of Bermuda. Such importation miift be in feme foreign floop, fchooner, or other veflel not hiving more than one deck, and being owned and navi- gated by pcrfons inhabiting any of the colonies, or plantations in America, or countries on the con- tinent of America, belonging to, or under the do- minion of,, any foreign European fovereign or flate *. Tobacco of the like growth (a) may be imported in like manner, and then re-exported to the United Kingdom, paying, on its importation here, the fame duty as tobacco of our Weft Indies, or of the United States f. The next part of the zdi relates to fuch of the above ports as are conftituted fpecial free-ports, for the importation of foreign sugar and coffet. ■ .. ■■ . ■ . . V ^ : ^ ^^ {a) The words of defcription here, are diftcrent from thofe in the former place, but they come to the fame fenfe; they are *' the growth of aity ijland in the Wejl Indies, or of any country en the continent of America,^' &c. &c. and they are adopted from the Tobacco A£ls. ]T:> fv. fuch of the free-ports, and cofce. It ent from thofe fenfe ; they are of any country :y are adopted SHIPPING AND NAVIGATION. ^ 2^7 tt is made lawful to import into the port of Nas- ^^^^ J^^'j MM. in the ifland of New Providence j into the '"".m j«^ PEACE IWo^f port' of Pitt's Town, in Portland Harbour, in ^o a.d. im. Crooked Island j and into fuch other port or ports ^'^•ii^°^ in the Bahama iflands j irfto the principal port in the ifland of Bermuda, and into fuch port or ports in the iflands called Caicos, as fhall be approved by his majefty in council, sugar and coffee, the produce of any foreign country or plantarion, in fuch foreign Ihips and veflels as are above de- fcribed j which fugar and coffee may be again ex- ported free of duty. All fugar and coffee imported from the above-mentioned fpecial free-ports, into this kingdom, is to be treated as fugar and'coffee not of the Britilh plantations *. „ \ * Sect. +, 5, isi The act fpecially provides, in confirmation of the general law of the Colonies, that no goods or ~ ' commodities other than thofe above-mentioned, > Ihall be imported from the before-defcribed foreigil places, in foreign fliips f. tsect.!. Thus far of the importation into the free-ports ; there is permiflion given to export from the free- ports, in the before-defcribed foreign vefTels, rum of the produce of any Britilh ifland, and 7iegroes, which had been imported in any Bridfli-built fliip or veflel, and ail manner of goods, wares, or mer- ' chandife, which fliall have been legally imported into the ifland, except masts, yards, or boxv- ^sprits, pitch, tar, and turpentine, and alio I except fuch iron, as Ihall have been brought I from the Britilh colonies or plantations in Ame- i"CaJ. ; Sect. 8. There I, ■ •2^9 THE. LAW..O1P .1.. M!> PAllTHf. FRUM THK PEACE 1783^ •k>'a.d. 1806> PlttnfUti6H • Trade. » Sect. 9. + Sect. 11. Thwie is like wife permtfTion given to export in Brkifli fhips and vcflcls, from any of thofc free- port iflandSj to any Britifh colony or.plantation in America, or die Weft Indies, any goods or com- modities whatever, of the manufafture of Europe ; and alTo any goods which ihall have been legally imported into thoie illands from any of the foreign plantations, or countries before defcribed *. All the free-port articles, firft enumerated, may be ex- ported to the United Kingdom, conforming to the regulations of ftat. 12. Car. 2. c. 18. ftat. 22. & 2 J. Car. 2. c. 26. ftat. 20. Gea. 3. c. 10 f. But no Eaft India goods are allowed to be exported from any of the free-ports, to any Britilh colony in America, or the Weft Indies; and if any fo- reign (hip arrive at a free-port with India goods, fuch goods, and die fhip, are liable to for- ; Sect. 12, 13. fciture J. To facilitate the trade of the free-ports, no diftom-houfe fee is to be demahded of any fo- reign veffcl, cither upon importation ?r expor- tation §, ■ ^ T , v^ , i V Im this a£l:, it had been omitted to infert the port of Road Harbour, in the ifland o( Tor tola, among the fpecial free-ports for the importation of foreign fugar and coffee j a privilege which it had> enjoyed under the terms of ftat. 42. Geo. 3. c. 102. which had placed that port on the fame footing, as to import and export, with the port of NaiTau, in New Providence. It was afterwards judged proper to reftore this port to its former capacity by ftat. 46. Geo. 2- c. 72. This was done not abfolutely, but by vcfting a power in his miijefty ^ Sect. 14. .■»:•»■ SHIfPIMO AHD N4VIGATI0l«. |n council, to permit the ^me imporeacioii sa\^ exportation in th^t port, as in the port of Nafl^ti; and alib to permit the importajtioi) and exporta- lion of all sugar whatfocycr, without payment of duty, under fuch regulations as his majcfty fhal( be pleafed to dire£b. For diftinguifhing between foreign fugar, and fugar of the Virgin IHands, on its arrival in this kingdom, the latter is to be ac- jcompanied with a certificate ; but ftich certifkatet are not to be granted for more than a certain quantity in each year. This aft was carried into execution by an order of council of 8 06t, 1806, containing fuch fpecial regulations, for diflinguilhing foreign fUgar, as ar& required by the ad. It was thought expedient, in one more in- ftancc ( ■nA.9. liDti- ytmUafion trade. {a) Vid. ant. 82. JOO "" ;V- THE LAW or PART MI. ^ and the ancient markets be fupplied froiti ftores fRoM TUB laid up at thofe fortrefles. In projcfti^g this new TO A. D. 1806. trade, it was fcen, that not only a great eafcment i^odT* would be given to the filh merchant, but great encouragement would be holden out to foreign purchafers, if the European produce, needed for the colonies, could be fhipped and tr-anfported di- " , . reftly from thofe two places: of refort. To au- thorize this, it was enafted by flat. 46. Geo. 3. ' . c. 1 1 6. that /rwi/, wine, oil, salt, or cork, the produce of Europe, may be fhipped at Malta or Gibraltar for exportation direft to the plantations in North America, in any Britifh- built fhip, which fhall arrive with the produce of thofe f^fherics, taken and cured by.his majefly's fubjcfts carrying on thofe fifheries. .'••...,;' The remaining laws, made during this period, are fuch as were occafioned by the circumflanccs of the war with France and the* other European powers i fome of which were permanent regula- tions, and fome of a temporary nature. Of the former kind are the laws for relaxing fome of the prohibitions in the Aft of Navigation -, the firft of which, ftat. 34. Geo. 3. c. 42. fed:. 6. enafts that any perfon alien born, and not naturalized, or made a denizen, refiding in any place furren- . * dered to his majefly in the Weft Indies, and who fhall take the oath of allegiance according to the terms of capitulation, fhall be intitled to exercife the trade or occupation of a merchant, or fadlor; this privilege was by ftat. 37. Geo. 3. c. 6^. f 5. • > , . ex- .-?-*: .\ ''.^ SHIPPINQ AND NAVIGATION. 30I extended to all places, whatfoever, that (hpuld be ^part m, , furrcndcredto his raajcfty's arms(fl),, prom the nACE 1783 The Cape of Good Hope being taken by his t*a. o. iso^ majefty's arms in the late war, was not fufFered to ^^S^JSk" fall into the rank of other Britiih colonies, but was . a ' placed under the fpecial government of the king, who by a temporary aft, ftat. 37. Geo, 3. c. 21. continued by ftat. 41. Geo. 3. c. 19. to 5 March 1804. was authorifed by the advice of his council, to make regulations touching the trade and com- •- ''\ merce to and from that fettleraent. This, being one of the places furrendered by the late peace of Amiens, fell again into the hands of the Dutch i but being re-captured in the prefent war, the fame . authority was again vefted in his majefty by ftat. 4(5. Gffo. 3* c. 3^* /^>r-\-^^ -■ • • ;. .-■-.j.V"^-'- ;■• ^.''*:,s»-«-- This aft was carried into execution by order of council II June 1806, which permits not only '' Britifh, but neutlfal fhips, to come to the fettle- j mcnt of the Cape of Good Hope, and its tcrri- j tories and dependencies, for importing or export- ing any goods whatfoever, fubjeft to duties and regulations to be eftablifhed by his majefty or the governor j and in the mean time fubjeft to fuch, as the trade was fubjeft to, before the conqueft; I but goods imported from the king's dominions are v ■ I {a) This provlAon has, by tniflake, been repeated and re- IcDafteidn the temporary A& ftat. 45. Geo. 3. c. 32. In draw- ing ftat. 45. G«. 3. they copied ftar. 37% G«. 3. and they did did not notice, that while the pi^ovifion, there made concerning alien ihips, applied only to the then war* tliis concerning alien I merchants is perpetual. n "ft if. Hi I'J I ll ra»M THV iMI^ The Indem- nity Act, Ch. 53. TKt LAW Of iit tb fHf n6 duty t no goods from the «al^w*r4 arc to be imp^ed> but by the £aft India Coin-> pahy« Ti^is orde# is not to prevent ihips em- ployed in the fouiheni whale fiihery) from earry- kig it on as before: no armSt artilkrift gun^ powdert or ammunition are to be imported. In other refpe^s the order diredls, that this fettlcment ihall be liable to the general law!9 of trade and navigation. "Q-^m^.n-.^Mim i^. .;' - Thh other afts were for indemnifying governors itf Weft India iflands, who had found it necef- fary to allow the importation of provifiofts and lumber, and the export of produce in exchange for them, in foreign bottoms i or who, as in the cafe of Tobago anji St. Domingo, had done the fame, in conformity with the capitulations by which thofc two iflands had been furrendered j fueh irre- gular but neceffary traffic was juftiiied by the in- demnifying atft ftat. 34. Geo, ji^*:, 35. The in- dulgence was only for that year, but it was an- nually renewed during the war j and by ftat. 39. Ic 40. Geo. 3. c- to8. the governor of Surinam, which had recently been furrdndered to his ma- jefty's arms, was included with the other Weft India governors. The laft annual a<5l^f indemnity Was ftat. 39. & 40. Geo. 3. c. 76. Peace returned, and the need of this irregular trade was at an end. It com- menced again with the renewal of hoftilities in 1803 ; but no notice was taken of it by parliament, till the feflion, 46. Geo. 3. when an Ad: of Indem- nity, in di$ form df preesding ones, was pafTed*; and la SHIPPINC A«D NAVIOATIOM. 3OJ tod fix>n after anothtr aA was palled^ ibr afitaui- ^ faht^m.^ ing the obje^ without the necellity of violating »«>« thi the lav(, which had hitherto been the onl *aode iTa!" A of meeting fuch emergencies. It was now made *jSJ"^ lawful for his majcfty in council to permit, or to «Cb.iii. authorife the governors in the Weft Indies, and on the continent of South America, in fuch in*»- ncr, and under liich reftriftions, as to Ws ma- ' ' . . jcfty fliallfeem fit, to permit, when the neceflity of the cafe fliall appear to his majefty to require it, from time to time, during the prefent war, and for fix months after the ratification of a treaty of , peace, the importation and exportation of any fuch goods as fhall be mentioned in fuch order« in any fliips of a ftate , in amity, in fuch manner IS his njajefty fiial) direft. However fuch goods . (except staves and lumber) muft: be of the coun- I try to which the Ihip belongs ; and no exportation ^ in fuch ftiips is allowed off u^ar, indigo^ cotton ^ \wool, coffee, or cocoa. .?,) ^; ; The defign of this aft was carried into cxe- I cution by an order of council 17 Sept. 1806, by which the governors and lieutenant governors of the iflands and colonies in the Wefl: Indies, and I of the lands' and territories on the continent of I South America, to his majefty belonging, arc authorized to permit for 12 months, in neutral Ihips, the importation of staves and lumbert and mo oi tvtryVmdioi provisions {^beefi porky and ^ \htter always excepted) being the growth or produce of the country to which the fliip belongs i I and alfo the cxporution from the place, to which the ft!' I'M 1^ '" II h: : ; DeciiioM and Lav Opinionf. ^HE LAW OF the before-mentioned importation was made, of KAct 1*83 ^^^ ^^ molasses, and any other gobds, except TO A. D. 1806. sugar, indigo, cotton rvool, coffee and cocoa ; - '^'£r ^^^'■^ ^^ * rcfervation that fuch pcrmifllon mfy be • determined or varied, before the expiration of 12 months, on fix months notice of any order of council for that purpofe. An addition was madf to the articles of import by an order of council '^'- t I 0(5t. i8c6, namely, horsesy mules , asses y neat- " cattle, s/ieepi hogs,, poultry, and every other 't lijccies of live -flock, and live provifions. The divifion of our fubjedt brings- us now to fucja matter, . as is to be colkfled from the deci- fions of courts, and the opinions of law officers of the crown. «'. ^ . i - A difcuflion was raifed whether Teneriffe was one of the Weftern Iflands, from which by ftat. 15. Car. 2. c. 7. f. 7. recognifed and re-enaftcd in ftat. 4. Geo. 3. c. 15. f, 31. wine may be im- ported irtc the plantations. The coileftor of Ja- maica ha«l feized a cargo of fuch wine, and the court there had condemned it. After fome differ- ence here between the lawyers, and the commif- fioners of the cuftoms, it was agreed by the law officers, that Teneriffe is not one of the Azores, or Weflern Iflands, {a) and that it is in Africaj and, as fuch, its produce is not prohibited from ■i-.^; {a) The wording in ftat. 15. Car. is " Weftern Iflands of j Azores ;" in ftat. 4. Geo. 3. it is «• Weftern Iflands, *r Azores;" in ftat. 12. Car. 2, c. 18. it is *• Weftern Iflands, cpmmonly, j calisd Azores." A RT m Iwincs. •?■•■ — ,>■ ^v- This point was fubmitted to an eminent Icoimfcl, (/>») who fiiw the difficulty, that African Icommodities jfhould be exprefsly prohibited by ifcd. 3. from being imported in any other than JF.nglifh fliips, and that the exemption of Canary pines, from that prohibition, is only to be col' lleded by implication from die exprefiions ufcd in IHantiittQm SHIPPINO AND NATlOATIOK. [being carried dircftly from theilce to the Weft- Indies. («) '? "»»• TJ' The officers of the cuftoms had doubted whc-» m *• »• ' \\\ia Canary wvwes could be entered from Guemfcy and Jerfey ; that is, whether they arc a produdion of Africa, in which cafe they muft come diredlly from the Canaries or from Spain, by fed. 14. of ftat. 12. Car. 2. or whether they are to be con- fidered as a part of Europe, like Madeira, in wliich cafe they may come from Guernfey. The 9th & 14th fedions of ftat. 12. Car. 2. c. 18. were relied upon as a ground of decifion. It was urged, that if the Canaries were deemed to be in Africa, Itill they had never been C6nfidered in the light of Spanifli colonies j from the time of the Naviga- Ition Act, to the prefent, they had been reforted Ito by our traders, and they were treated as an open land avowed place of trade by the aft of naviga- Itioii : in fhort, it was faid, the Canaries may be Iconfidered as a part of Spain, and their wines Imay be brought to Guernfey, as other. Spanifli ■.f.v * ; ■ ", ■*■ ' '/ I I X^ feet. (ii) Sir A. M.icclonald, and Sir J. Scott, zo April 1791. (,i>) Mr. Graut. \t M! flACt \W . :^; . t^llf LAW OP icA. $i «niy«t when tc is there faid, th«c Canary wines imported in other than Englifh ihippingj OiaU be toble to aliens duty, it docs feem neccf- farily to follow, that, fubjeifb to fuch duty, they may be imported in (hips of another defcription ; in other words, that they are not to be confidered as African prod|ire, but are adopted into the clafs of European commodities, with which they are enumerated in this fcftion. If that be the mean- ing of the fe6lion, it follows, fays the learned counfel, that like other wines of the growth of Spain, they may be imported in Spanifh fhipsj and unlefs this conftruftion is adopted, that part of the fe<5lion, which relates to thefe wines, is altogether nugatory and abfurd j and therefore, he thought, it is to be underftood as giving to Ca- nary wines, by ncceflary implicationj the cha- racber»of an European commojiu^ ; but as wine is the only article mentionecJ, ifiis implication does not extend to any other part of the produce of thofc iflands. It was then confidered what other articles of | produce could be obtained from the Canaries; and among thefe, it was noticed, that barilla came from thence, an article ufed in our manufadlures, and of much more importance than the wines;, befides which, it was faid, there are other articles of produce, which were formerly not known, fo as to come into contemplation, at the time of| pafling the Navigation Ad:. The cafe of law, to- gether with thefe additional circumftances of in- tereft and importance, was then laid before thc| A«or- > ^/f^ :r ^ It Canary (hipping, :m necef- luty, they fcription \ confidcrcd ;o the clafs I they arc the mcan- lic learned growth of Mfti (hips J I, that part e wines, is icrcfore, he ^ing to Ca- jj the cha- but as wine implication the produce itttiiMton TrmU. SHIPPING AND NAVl^AX^If* 'JOy Attorney-General, (rt) who was in / • I ' ^■7^. *', ■', 1 ■- . t.' \ •■:■•'■-' :>.'->, IK F.10M THE rF.AC! ns3. TO A. D. laCHi. Phntdtinn Trod: ,,w^ THE LAW OF ther by direct evidence of documents, or by the traditionary evidence of pradicc and uniform ufage. The Solicitor-General (a) did not think the inference drawn from fedt. 9. could be con- ftrued to affe6l the pofitive enaftmcnt in kd[. 3. for he thought it docs not apply to that fetflion, but to another fe6tion generally prohi- biting the importation of fpecified commodities, except in Englilh fhipping, or Ihipping of the country, namely fed. 8. immediately preceding. He thought, that thofe who alledgc the Canaries not to have been deemed a part of Africa at the time of pairing the Navigation A<5t, ihould take upon them the n?nis of fuch proof, in which, he admitted, the fed. 9. might be adduced as evi- dence ; but that alone, he thought, was not fuf- .ficient to prove the allegation. If they could make out fuch fad, he then thought that Canary wines, and odier articles enumerated in fed. 8. which are the produce of the Canaries, may be imported in Spanifh veflels, and may be brought from the Canaries in Britifli or Spanifh veflels to Guernfey or Jerfey, and thence imported into Great Britain; but he thought the pradice, which had prevailed, was cotcmporaneous evidence, that the Canarlc:s were deemed at the time of palling the Navigation Ad, as a part of Africa j in like man- ner as the pradice of admitting Madeira wine inj other than Britifl: fhips, jjs a degree of evidence, . ■ ■ , . '" • ^ tll3t,| H I liii {a) Sir J. Mitfyrd. think the be con- It in feft. ly to that ally prohi- mmoditics, )ing of the preceding, he Canaries frica at the Ihould take I which, he uccd as evi- was not fuf- ' they could that Canary I in fca. 8. ries, may be y be brought fti veffels tol ied into Great j which had nee, that the f paflingthe in hke man- .dcira wine in I of evidence, that,! )t • . SHIPPING AND NAVIGATION. ':*:" that, at the time of pafling that ad, Madeira was deemed a part of Europe. The ifland of Tobago being re-taken in this war, it was propbfed to bring, in a bill to revive ftat. 2^. Geo. 3. c. ^^y which makes the port of Scarborough in that ifland a free port, as if the aft had lott its force by the capture of the ifland j and the law officers were of that opinion. To this it was objefled, that nothing lefs than a legiflativc aft can repeal an ad of parliament i that the old ftatutes concerning Calais and Gafcony, ftill in the ftatute books, are, by the editors, called obsolete, and not repealed -, meaning, that they have now no objeft to apply to j but that they would ope- rate, if thofe places were again pofl!cflions of the crown, and fo became objeds of Englifli laws : it was neyer known, that the deftrudlion, or fuf- I pcnfion of any thing, that was the objed of an iaft of parliament:; was confl:rued to amount to a repeal of the aft j if it was, the ftatute-law would be liable to repeal claily, without our knowing it, when there are changes in manufadures and com- merce. It was aflced, if it is neccflTary to revive this Free Port A(5t, by a new law, why not pafs an lact to revive all the other Ads of Navigation, for [this re-captured ifland ? but, it is admitted that the other Ads of Navigation attach upon it, without ny fiich Parliamentary declaration, though they are pnly general laws , while this ad, which was made piirpofely for the ifland, is denied to have the fame ^liality of revivor and application, which feems X 3 fomc" ■'''>... ■x 305 PART HI. OM THE F£AC£ IWlJ. TOA.D. ltiU6^ Fluntaiion Trufk. W I FROM THB W.ACE 178.1, TO A. D. 1806. Plantation Trade. ^' ' -.THE LAW Of :^M^l..^l-^ '-'■/' fomewhat inconfiftcnt, and without principle. However, notwithftanding thefe confiderations a bill was brought in, though it did not, for fome other reafons, proceed through its ftages. In the following feflion 45.' Geo. 3. the new Free Port A6t, providing for the port of Scarborough, among other free ports, any further meafure was un- neceflary. . ■ • r ■;: 'n ^ -'■' '->'■ rmm^mi^^W-. , v^ A queftion rcfpecSling Smith a natural born fubje(5b of his majefty, who had come here as mafter of an American Ihip, was fubmitted to the lav^^ officers; (a) who were of opinion that being a natural-born fubject of his majefty, and not having been admitted a citizen of the United States till 6 May 1796, he could not be confidered, with re- fpedl to this country, as a fubjeft of the United States, fo as to intitle him to be mafter of a (hip, belonging to the United States, trading to this country. They adverted to the opinion given heretofore by «SV> Joseph Yorke, who held that a Scotchman, having been made a burgher of Stod. holm, and coming here as mafter of a Swedilh ftiip {b)i was not intitled to be confidered as a| Swede in Great Britain his nadve country. The above opinion was grounded upon the old! American order of council, but the wording in thel ftat. 27. Geo. 3. for carrying on the AmericanI trade, is the fame. The privy council adopted] this opinion of the law officers, and the lords, in theiil («) Sir W. Scott, Sir J. Scott, Sir J; Mitford, 31 May \]<)].\ ^ (*) Vid. ant. 193. '' !V.:f:^'''"."-';:'"3""^ .«.-', ^. ''S . > . their letter to the trcafury on this occaiioti, cx- prefled an opinion, that fiich a claim as this, would, for many rcafons, be contrary to the in- tereft of this country, if admitted; yet, as this was the firft cafe with refpeft to the United States, in which a claim of this nature had been brought forward, they thought it would not be proper to take advantage of the forfeiture, but recom- mended, that the fhip fhould • be admitted to enter her cargo j they dcfired, however, that a copy of the law opinion might be fent to the commiflioners of the cuftoms, acquainting them, that after fuch notice, the like indulgence would not be granted. («) But fuch indulgence was not long needed; for in about two years after this, the Court of I King's Bench were of opinion in favour of fuch denizations in America, and decided, that Collet, I who had beconie a citizen of the United States, [was thereby qualified to be mailer of an An\e- rican fliip j this was in the cafe of JVilson v. Marry at, which afterwards went to the ex- chequer chamber, where the judgment was af- firmed. (^) The folemn and repeated difcuflion, 1 which that caufe underwent, was deemed fuch as to fet this queftion at reft j and the law officers (c) on a future occafion, when a like cafe was fubmittcd to them, declared, under the authority of fVilson v. \Marryat, that one JVilUamson, having become ' X 4 a citi- PART lif. FROM THE PEACE 1183, , Ta A. D. 1806, ~ J'lant'ition Trade, ;' IM (,; *^f ■^_.^^;,/; V'i^'.x,,,' J*-- ';-,;^ ■' , *;^j^ ;a ,^^^ ;vi'^'^^^' ' ^ ':IK-*^'-H>-''/v •V*'•'<• "v> -V ?.» -.' S - -.^-.',v<'\ -.4,- • 4 (. ". ^■■- -'. CHAP. SHIPPING AND NAVIOATIOlf. ,3^3 :^' CHAPTER II. \ , ■ . ... , y>-, >'B'«*'^;:. -^hv. ', 'iff,-.?"?; < ,•/ k:'.*";;?* - (.-■c* TRADE WITH ASIA, AFRICA, AND AMERICA. %^:' .i -.»",■ ■>.■—" -rf'f ^'i -v.« jt PART m. African Goods from Gibraltar — ForeigriGoods from Ireland — Foreign Ships in the East- India Trade — ThelFarJctsiy^^ — TheJfri- canCompany — The Sierra Leone Company—-* British Shipping — The IVar Acts i86j — Decisions and Laxv Opinions. . SOME regulations have been made fincc the . peace in 1783, which afFecft the general po- fuom the licy eftablifhed by the A6t of Navigation with re- to a. d. 180&. gard to this tradej the Hrft is a feftion* in ftat. 27. ^"'^wS,^'^"' Geo. 3. c. 19. which regards the African Trade, ^'^^"^^i^"- and makes it lawful for any perfon to import or bring into Great Britain from Gibraltar, in any ^^m cibr^S. fliip orveflel which, before i May 1786 did truly and without fraud belong to his majefty's domi-. jnions, or was of the built of his majefty's domi- j nions, and was navigated and reglftered according to law, any goods, wares, or merchandize, being the growth or produ6lion of the dominions of the ■ emperor of Morocco, and which fhall have been imported into Gibraltar, dirctftly, from any of thofc dominions not lying to the fouthward of the port ' ■ \:^. •. ^ ■ ' of VROM tHE PEACI. 1783. TO A. D. 1806. Trade with Atiat 4frica, «nd America, * Sect. 11. t Sect. 12. •PHt LAW top >.-/.;^V ■' V . of Mogadorcy in fliips or vcflels belonging to, or of the built of, his majefty's dominions, as before defcribed, navigated and regiftered accord- ing to law, or in Ihips or veflels belonging to the fubjefts of the emperor of Morocco, upon payment of the fame duties as if imported diredly from Africa*. But fuch goods arc to be accom- panied with 3 certificate from the governor of Gibraltar, Ihewing they were brought into Gibraltar in the above manner f, , >r', The next regulation refpefting this trade was intended for affording to Ireland ftill greater ad- ^^ vantages from the foreign trade, which had been ' bellowed by ftat. ao. Geo. 3. c. 6. It is or- dained.by ftat. 2Z- Geo. 3. c. 63. that any goods, ft^'heS* legally imported into Ireland, from Britifli planta- tions in America, ox the Weft Indies, or from Bri- tifti fettlcments on the coaft of Africa, or any other goods of Afia, Africa, or America, legally ' ' imported into Ireland, may be imported from Ire- ■ land into Great Britain, in , Britifh or Irilh-built fhips ; but this is not to extend to any articles of ; ■ the Eaft Indies, or other places within the exclu- fivc limits of the Eaft India Company. A VERY important innovation was made in the navigation of the Eaft India Trade by ftat. 35 Geo, c. 115. It feems, the board of commiflioners for the affairs of India had approved of an order that»had been fent by the Court of Diredlors t6 their feveral prefidencies, to take up fuch Ihips, as they could procure, for fending home inveft- ments of goods from India and China, and other places within the limits of the company, in lieu ofl Foreign Shipj in tlie East ladis I'rade. FROM THB PEACE 1783, TO A. O. 1806. ami America^ <> SHIPPING AND tTAVlCATION, df flilps ufually fent out from this- country j this being in the midft of the war, when much (hip- ping was engaged in the public fervicc, it was deemed a fit meafurc to be fanftioncd by parlia- ^'"''^yfj^^^*"'* ment ; a power was accordingly by ftat. 35. Geo. 3. c. 115. veiled in his majefty in council, to permit . the importation of fuch goods, .fubjeft to the like duties, as if imported in Britilh-built ihips; and alfo to permit fuch ihips to export from this king- v dom to the Britifh fettlements in India, with the licence and confent of the Company, any goods whatfoev ;r, ey :ept ordnance and military ftores. This a6t was to continue during the war; but by ' ftat. 42; Geo. 3. c. 20. it is to continue, as long '"■ as the cxclufive right of the Eaft-India Company under ftat. 23- Geo. 3. c. 52. ' After this permiflion to import into Great Bri- tain India goods, in foreign fhips, on the com- pany's account, the policy of the Navigation A61 underwent another infringement, in allowing for reign ihips, belonging to ftates in amity with his . majefty to export goods from the Britiih poiTef- fions in India. This was authorifed by ftat. 37. Geo. 3. c. 117. The goods' fo to be exported arc fuch as ihall be permitted by the Direftors ; who, under the controul of the commiiTioners for the affairs of India, are to frame regulations for carry- ing on this trade, with a due regard to the intereft of the Britifti poifeiTions, and the Britilli empire. An alteration was made in that part of the Eaft- India Trade which is now confidered as colonial: By ftat. 37. Geo. c. 97. feft. 22. ihips belonging to m FROM THE i>£ACK nnj, TO A. D. Ib0(). 7' The Sierra Lfone Com- pany. the diftillerics, mclaffcs were allowed by ftat. 36. Geo. 3. c. 8 1, to bclmportpd for a limited time from any country in Europe, not in pofleflion of his ma- jcfty, in a Britifli ihip, or any Ihip belonging to a kingdom, or ftate, in amity with his majefty. To favour the importation of rice or other grain from India, in time of fcarcity, it was allowed by flat. 41. Geo. 3. c. 27* ^^ come from any port in the Eaft Indies, in any fhip belonging to perfons of any kingdom or ftate in amity, however navi- gated ; fuch fliips might alfo bring other articles to complete their lading, and might export mer- chandize to the Eaft-Indics for one voyage, the ■ fame as Britifh Ihips. The following alteration concerned the affairs of the African Company. The fort of Senegal had been ceded to France by the peace of 1783 j and the French king guaranteed to Great Bi"- tain the pofleflion of fort James and the river Gambia, both lying between the port of Sallcn -and Cape Rouge. It was now thought more bene- ficial for the trade, that the forts, .fetdements, and fadories, between th port of Sallee and Cape RougCy which by ftat. 5. Geo. 3. 44. had been vefted in the king, ftiould be re-vefted in the Company. This was accordingly done by ftat. 23. Geo. 3. c. 65 The fame freedom of trading there was, notwithftanding, continued to all the king's fubjeds. . The eftablilhment of " the Sierra Leone Com- r'pany'* is an event in the trade of Africa that feeras of importance. This is a- joint Stock Companf, that f ftat. 36. time from af his ma- nging to a efty. To grain from ed by ftat. )ort in the perfons of ever navi- her articles xport mer- ^oyage, the the affairs of Senegal :eof 17S35 Great Bf- ;d the river rt of Sallec t more bene- lements, and c and Cape 4. had been efted in the [one by ftat. im of trading Id to all the J Leone Com- Ica that feeras :k Companf, thai SHIPPING AND NAVIOATlONj^ that was incorporated by ftat. 31. Geo. $. c. 55. for the purpofe, as appears from the preamble of the Aft, of cftabliihing a general trade and com- merce with the coafts of Africa, and for exploring the interior countries of thac continent; which objedls cannot be well attained, without having poffcflion of fomc diftri<5t for forming a faftory j nor can fuch undertakings be well carried on without a 'confiderable capital joint Stock, and an incorporation of the adventurers. For this pur- pofe a number of perfons named in the Aft are incorporated. His majefty is empowered by the Aft to make a grant to them of " the Peninfula of f Sierra Leone," for ih^ purpofes of their incor- poration, which grant was accordingly made^ ^ ^ "• ' The Britifh fhipping employed in the foreign trade with Afia, Africa, and America was con- fidcrably afFefted by ftat. 26. Geo. 3', c. 60. which put an end to foreign fliips, Britifti owned, by taking from them the privileges of a Britifti Ihip } fo that the trade of Afia, Africa, and Ame- rica was, after that, to be carried on in Britifh-built Ihips, equally witii ttfe Plantation trade. It waa further affcft^d by the provifions of ftat. 34. Geo. 3. c. 68. Hitherto the navigation fyftem had con- fined all its reftriftions upon fliipping, whether Britifh or foreign, to the circumftance of import- ing goods J except, i»^deed, the exporting of goods from the Britifti Plantations j but this aft. goes further, and has cnafted, that no Ihip regiftered, or required to be regiftered, as a Britifli fiiip, fti»all be permitted to export any articles whatfoever, unlefs . . •- manned FROM 7'Ht PEA CI- 1783, TO A. D. 1H06. Trade with An$f Africa and America, British Shipping. # .•■>. r ^C^ t» I 320 ' THE LAW or ^ FART 11!.^ manned with and navigated by a Maftcr and thrcc- jncM TiiR fourths at Icafl of the mariners Britifli fubicdls ♦. TO A. D. 1806. So that now, the exportation to foreign places in ''^'"^fi^kf"' ^^'^' ^^"^^ ^^^ America muft be made by the end Anu!Tka. |"^j^g f^j^.^ ^^ fhipplng afid navigation, as the im- * Sect.' 2. portation liitherto had been. The trade to Afia, Africa and America was .^. confiderably influenced during the war, by the . . - ..* operation of the Dutch property ActSy as they ,•> are ufually called, and thofe made in confcqucnce . •'^ of them in favor of neutral fhips, which being more connecHied with the European trade, arc • .' mentioned at large under that head. ' • . f "''^' These Acts afiVaed the trade with Afia, Africa and America, only, aiis the goods, which happened to be imported under the orders of council, made 'by virtue of the Ads, were the produce of any of thofe countries. But the laft of them, flat. 42. Geo, 3. c. 80, diredlly and by name applied to this trade ; it allows, under orders of council, the importation of produce from the continent of America, and iflands in the Weft Indies, not under the dominlfe' of his majefty, in neutral Ihips of not lefs than loo tons burthen. , ' Such produce is to be warehoufed for exportation, and not at all to be ufed in home conlumption. 'This A(5t: has been revived, fmce the renev/al of| •noililitics, and continued by ftat. 44. Get c. 30. until eight months after a Deiinitivc Treaiyj or r^eace. ■.,/..— lyv ...*■;/ x.rj;,.i>.!,'ni,«ii--'\J3f' ■ Ti.eWarActj, ANOTHER A6^, to contlhuc during the war.i *^ ■ -and till fix months after a Definitive Treaty ot I Peace, Peace hr (u with reign mannc & 40 this A and w articles tries n( kingdo differs Aft, ir on the 1 ported 1 sugar cxportai pcrfon V rity to e from thi of the majefty An^. whiui h, J"-irop by neutral (hipij with countries in America belonging, to any fo- reign European Sovereign or State, in the fame ^'""J/y^J'^'*' manner as had been done the laft war by ftat. 39 <"•«' -i'^^o. & 40. 6 CO. 3. c. 34. The importations under this A61 muft be by licence from his majefty, by and with the advice of his privy council, and of articles the produce or manufa(flure of thofc coun- tries not prohibited to be ufed or confumed in this ' ' kingdom. The trade carried on under this Aft differs from that under the before mentioned A(5t, in as much as there is in this no reftriftion on the tonnage of the veflels j and the articles im- ported may be fold for home confumption, except sugar and coffee, which muft be warehoufed for exportation. No licence is to be granted to a perfon who has not exported, or has not given fecu- rity to export, to thofc countries in America, goods from this kingdom, in fuch proportion to the value of the goods imposed, as fhall be direfted by his majefty in co«ncil.#f' Anuiher A(5bp|hjch affedls this trade, but which belongs more properly to the hiftory of the Y jropiean trade, is rcferved for that head, where it v* ill be rpoken of fully. This is ftat. 43. Geo. 3. c. 153. which comprehends in it moft of thofc temporary meafures which had been pafled, at different times, during the late war, and which were now revived on the renewal of hoftilities in 1803. Such parts of th;it A.^ as relate to the .. trade of Turkey and the Streights, fome of which , . y , is h * M ■^^i "ftk JTVciiions and Luw Opiniua9< ^t: i'Oi-r,^ ^^M^}^ i^ m<^fi3Lf, m^ fojn^ ijciAfrup^ praperly belong to :' i|fi^ |>(^ ^. andf tjhe claufeiK mhkh aUow^ thie^^ l^^pof !^- ci9|i^^f\iclv?rcicles as i^Ilbc-fpei^i^d ii^tai^y or^jej^ ^w^^^'^« Qcai^ ,tf|i«, A<^f ili mprc properly come under cpn/Jf^tlqi^! inrth;e following part of this work, toge|^r,\Mrilh the pther Afts for relaxing the Navigatippjsfyfljeng durinjg Jhoi^Ucies. ..^^^ryr>{-^4^ • ^ vf:)'i")nfn1tf^ob .bnr Having confidered all the A^s of the .leg^ ture wljich have pafled on this branch of pl|^^tradc,i we come now to thedecifions of Courts,' ^4,^0 t)]f^ opinions of the Law Officers of theCiipwn^.^tiu;|i> have been recorded within the fame peri5^afr time ^ fome of which are very interefting and info|rnjing, ^Following the divifion of the fubjc^t/^ whiqji, was fuggcftcd by the Aft of JNavigation,.,thc trai to the Eaft Indies, which was then, and ior^^^u^; years after, a trade to a foreign country, like ti^t] Company's prcfent trade ftp, g^Jnina, wa$ placedji this part of our inquiry. Butibe condidon of the Company has fmce confi^qup^ altered.. From the poQefllon of fettlcments ana £iiftories,;hey grew to have territorial poiTeflTions -, and whatever fcropks and unwillingnefs there might oncp (a) have be^n to coniider fuch territories as pofrefllons to his majcfty belonging, within the meaning of the Navigation Laws, it at length came to be an ad- mitted point; accordingly we find (+} in flat. ■ ■ ■ • « "i ■ ' 31' thidti gatitJn, AiHed had'Titt Bm^k andi C( to defe alleging HitJiriTci] iaftefrthe ftat'jfi tioh in f{ tht'proh removed c;'|'2;fe thi&GtJur gltidh lEai^lridl [that the I pfbhibifi 7.&8J larc not li Jij'. -<«)^^Vid. ant. gy. {6J Vid. aat. }i6, (-r **--».#»»ii»...fvs ■»t.. ' belong to >nftiJ5J^ti9ij! thcNlcg?^ iii%n>ing, ; >n^;thctra4c try, like tJi^; va§ placed in idition ofthe ired- From es,;hcygK\J tcver fcroplcs. a) have been flions to his ning of the to be an ad- (« ia ftat. 31' w< m: ffMS&^^^ 'Mitre the Americans' Shs allttWd a ff^^'^ ti^de iko the Biltilh territoricis i*^ India,' the graotli* ««>»« jw nittdt Vith a )tt)rt obstante of thc'Aa of Na^^' t?*" 180&^ gadtin; ftat. la. Cbri 2» Two cafes had cbttife-^^^Jf"' befoi^^Sie tourts, Jn which this principle Was^kd* ««^"'*'*^ rhittedf tfie bne was that of a Danish Ihlp, which' had'^ifei' feobds at Galcuttaj the other of i^ ^ l^iiiW Mp; which had taken a Cargb at Madra$. B6ifi 'theffe "Were objefted to as illegal voyages, t\ ■ andi Confequcntly, the infurances that were rndde ap6'W:'therti were ndt binding. It w^ endeavored, to defend the fii*ft of thcfe ifrcgulaf traders by ' alli^in^; that it was the ^raftice to make fuch lhi)jjnfents''iH^ foreign ihipi, and that four months aTtefr the ^dfn^ in qiieftidn there was palRd an Aft, ' ;^ ftat 'jf}0eo. j.^ Brti'^, allowing fuch exporta- tioh in foitigh Ihips to be made, (a) The fecond ^ itf^rhpted to be fupportcd by a furmife, that thir'prohibitSon of the Navigation laws, with re- r^i:£l to foreigners trading to the Eaft Indies, was rfhibved by the col^i^ftioh of Hat. 33. Geo. 3. crjal'fedi 138. 1^*46. (A) But in both cafes th^Cdurf^^re clci^OT'bpiniort, that the Navi- glt:i6h Taws extend to the Britifh pons in the^ Eaft'lridies.-^;^-'-''^^ ^^'^ ^f ^^'"-'^r^, '-'■'':-- :'i ----- ;'^' ^ W tUSi^ latiteV 'of theft eafes it was contended,* that the Britifh ports in India are not only within the prohibitions of ftat. 12. Car. 2. but alfo of ftat. ^ 7. & 8. fViil. 3. c. 22. f. 2. in other words, they arc not ouff territories to his majefty belonging, ' Vl: " . Y 2 but t. Jlfi* S^' («) I Bo£ iati iPuU. 35. C^) IbiJ.6o^ 3H #■ XHE iAW vOE «n(f America. ^PART^y^^ (^gy syreColoqics, and J^nmtiqn^i-wJiiehJs the SfdjJj.^*^ dcfeipi;ipn of the places fp^en of m the latter 't^l.imL fta^tc* But however the parliamcnc and , our ^"^frifii^''^* Cpuitf may hold this language, there is not ob- fcrvedjn Indi^i any of the ex^lufiyc trade and na.- .wJirig^tioin ofi a Britifti Colony* They have n© * ' g^uftop-houfe el^ablilhnacnt for keeping it upj on ^i^^livc principles that govern in the Weft Indies and ^^' Ajme|-ica. The Company give countenance to that rcfott.of foreigners which they think. beneficialto N^jth? general advancement of their trade j and foreign ' 'ihips come to their purts, in, the. fame manner es they come to the ports of this kingdom* ili imi^ ^ ^ 5,The above-mentioned ftat. 33. Geo. 3. c. ^2^ fof regulating the affairs of India, had been fet up on a former occafion to fupporc an illegal voy,igc to India. Ii was preitended, that the left. 146. -r^ , • si^ " fo much of ftat. 9. & 10. fVill. j. c. 44. aa ^ \icd an exclufive trade to the Company; hut the Court of King's Bench were of opinion, in which they were afterwards fupportod by the Exchequer Chamber, that no part of ftafc.* 9. & 10 Tf"^?//. j. was thereby repealed, bu$ fn^jy^JnAided penalties .and forfeitures («). This laft was the cafe of a Britifh fhip, carrying convids- to Botany Bay, which had a licence to take in a cargo at Bombay, but exceeded the limits of it by trading at other places, in breach of ftat. 9. & 10. fp^iii. 3. vH" „n'.>ii<)^'^ >Af^»^ii'v* Thi iJiU *)i; i >i-.> ^/r '.J.' {a) Term. Rep. vol. 6. 723. Bof. and Pull. vol. i. 272 . i' 'm ^' ;K is th6 the latter and , our not ob- e and na- havc no it up, on Indies and ncetothait sncficialto und foreign manner As J. C. ;J2. for icen fet up alvoY.igeto r; hut the >n, in which ; Exchequer lo fViil. J. ted penalties ,he cafe of a Jotany Bay, at Bombay, trading at lo. I fill. 3. . ir vol. I. 272- »* SHIPPING ANri^ NAVrOATION. Ttca. The tradtfto'thcBritifti territbrics in the Eaft ^^Jlj^^';^ Indies, rtcently granted to the Ata^iftHcans, gaVi ^^ ?^ occafion t6 a e^fe whiidh Uriden^rerit buch dif- Ti?A"i>. i«$fe- cuffibn in the Court of 'King's Bench ( Amcricsf and tliekk|g7$ ^minions i»{i&!rro^r|«i:fQ be fijbjcft^^ the Ifiy^/nf ;tl^ Kr ffW^ye som»jt«^i and by ;t|ici pH^pcxilbir^j »«v, ^"'^^S^^ P^iCr«^? firi?ii9>i|iilp«rfon#j «i8wie4 foreigners sh; f)j|icif€f <«>ccj^yig the Ea(l-J^dui Compai^^ . gfpljibitfd/roin, trac^ngf from Qrcat Bntaip K^^thC; V' '" l^rjiQce^and ^ence tp Madeira, to tak^ in^gpe^^^ . fent from Qre^t Britain for that ihip, tp bf igir^ , '; fjedto }fidia> wa^ in elfeft# trading, frpi?sid the An^etj<^?Wb; ;• thereby made a fraudulent pfc of the}r priyifegj^s > I'lindejr the 14th article j for it became a coloui; an4 £;. rprctcnce for trading from Grpat Britairt to the feaft-Indjcs, ^vhich i$ not within ithesffippe was the right of mdinf^ilo Bi'itifh ports. > This vas meant, to be gijlfen^ with the only re^ ftraint of r^ot importing Eaft^fodiar goods into Europe ; but thp importing of pridfh goods, in^ ftcad of American, was a^ advantage to Great Britain, and could not haye beeq intended to be prohibited. 2dly. The right of freely trading to every part of the Britifh don^inipns is giyen by the nth article of the treaty in the mod. general terms ; but this i$, on certain conditions, afterwards cxprefled, which were meant to preclude all re- it. ,1. t ftriflion ■■■» » SHIPPING' XDrtyMAvroATioN. j*i7 ftrl^iohli^r ii^jjlttfti'd*. Th«n fiailldtfis the i^ch^ *'*yi"^ri artitte v^^ichf give* the Americani^ Ubtrw> fwrilj* '«•*'« i'««' to'^irtf 6% the ti^e to IndiA, C9tde^|}'4jl lYtlefet^ Td(4c;i>i>i80f? Inhibited to be itti|)orted;ope3cfw)rted» lrh<^^«^ '^^^f*^*^ hibiiio»,'^ercfere, Is to thtt artfcle$i ilna iit^^W ''*'«*"*^^ th--dKic the word between had the meaning* afci^d totti but if it had, yet here it was ap-v ptied oAly to the hbmeward trade from India ro-t Aikietic^ and not ;,^ the outward trade now m^ qutftio^ J and if It lad been intended to apply tos ? • bodi tiic voyagcsv.^by4ho;uld the expreflions ufcdl in 'the lath: article!^ f& to the Weft-India Tradet^i whteh conveyed that fenfe in the moft uncqui-3 vo^iil manner, have^bcen varied from in the . ijdi j article ? European goods, if imported into Ame^ '1 rica^ mi'ghc afterwards be (hipped for the Eaft- I Indies i and the framcrs of the treaty could not ?^'^ I have intended fa frivolous a diftinftion, as that i.to" might be permitted to do that indircftly, which -^^ 1 could not be done direftlyj. the cffcft of whicb^^ ■■:U..:., ■ Y4 . if ,^:M' T!I>.A«.D. IoOo.« IMtaulkAtiot ami America, .1 ^^^^ if allowed, would be to make Ammcn itke rffipcJ^ -t"*** fj% °^ goods foir the £aft^lndie9 i> ' ii?nu>l t- Aftkr muoh argument. It ^as decided by; d^ Court on the fuUei^ eoofidcration, that the winter-, courie between America and the £aft-Indie8^ UDder the 13th article of the treaty, meed not be imme? diateand direfb; ind as nobody difputed^ but the Abiericans might coUe6b goods in Europe, cariy. them to America, and from thence to Che Eaftr Indies; why, in point of reaibn, may not that be done direftly, which may bt done ; indi- re<9:ly?(fl) this judgment was afterwards affirmed in the Exchequer Chamber. (^) ' oni,. AvoTHER queftion arofe in this caufci ^n the navigation of the fhip. Collet y the maftter and alfo a part-owner, was born in Great Britain, and had reiided here till 1784, when he went and fettled in America, and became a citizen of the United States, refiding permanently there. A proclamation had been publifhed in 16 Feb. 1793, forbidding aM tnariners ferving- in foreign fhips, without the king's fpecial J^eMjfi i Colkt had not obtained any fuch licence. It 'was objected, that not being a citizen of the United States at the time their independence was declared, he could be confidered only as a Britifli fubject within the laws of navigation. Thofe, who argued this, ad- verted to the cafe before mentioned of Scott v. Schwartz (c), where foreigners domiciled in Ruflla {a) Term Reports, vol. 8. p. 31. ' ' '' (^) Bof. & Pull.vol. i.p. 45Q. * ' ^ (t) Vid. Ant. 191. '#■ SHIPPING A!r©l»AVI«ATIOM. 3^9 Ruflia wefefadfipfitied>to t>e Hufllan feamen) tnic , ^^V^^'L they remarked, that ^couit went uson'^the law r^i&M an' ofRuflla which fanftioned fiidi «atatsitizatiolis T^'A«.iao6- and chat d« Court thta gave noopinion ctfpedl:. ^'^^jSif*'"' ing an Iriihmaii, who was one «f the jfnariners: -w*^^""- in queftionj and they addticec he opiraon before' mentioned (tf) to have been lately given by the law officers of the crown, declaring diat Smith a peifon circumftanced as Collet y was quolitied as rni^tr of an i> merican vefiel ; and alfo the before mchtioncd opinion of Sir J. iTorke^b) was flc- lied upon by them as an authority. "^ To this it was anfwered, that although a perfon y cannot throw off bis allegiance to the king, yet,. for commercial purpofcs, he may acquire the', lights of a cittzcn in another country; to afcer-*' "^ lain the hgality of which pretcnfion, rccourfe muft be had to the laws and ufages of the country adopting him, which rule, they faid, was cfta- blilhed in the cafe of iScoff, V. ^Awtfr^js. The Gife of Smithy tl^ fiud, turned wholly upon fraud; he had bJRrae a citizen or the United States for a partic,^jj|J fnirpofe, and net bonajidei thcfc was no previous refidence then^, as there waj in the cafe of Collet -, who was fc domiciled # in America, tliat hfc could not avail himfelf of : . the privilege to trade as an Englifhman, without returning to this country to fix his domicile here. The Court decli. red, they thought at firft, there was not much wci^t in this objedion, dnd, after , ^ con- ■ -'i- * . ■ ■ ■■ :''\v ... ■■ ., ■: .,i . (a) Vid. ant, 310. (i) Vid. ant. 193. ,.{!.. a -' " . / • •• ' ' 'n- i'Ji ^w7 . • A |-, K) 330 PABTfll. THM liAm OP V. PKOM THB TEACE 1183, TO-A.-B. 18U6, ■.« . '* . confideration, they wtre clearly of opinion^ there wu " none. 6W/e^ is a citizen of tfaiiveQMntry< by birth, and cannot throw oB;' his aUegtantCilbuche'tsiaifo ^'"'^^af"^ a citizen of America^ foi* commericijilputpores; mdAmrk*, j^^j )j^ being a natural bom fiibj«£t here, cannot deprive him ■ of the advantages of being «^ citizen of that codntry. (a) This part of thr judgincnti was lUcewtfe aiHraied in the Esochequer Ghandber : it was there aflced, what difference is made fay tl^ circumftsuKe of the adopted fubjeA of the United' States being a natural-bom fubj^ of the kingrbf ! Great Britain? Is there any general principle in , * > tiie law of nations (out of which this adoptiori^of I ' fubje(^s icems to have grown) that iii the pre- ^-f. lent ftate of the adopted fubjeft, he ihould' be incapable of enjoying the privileges, whidi\haTe been conceded by the parent ftate> to other fubjeAs of that ftate which has adopted him f . .V /J As to our municipal law, it being granted, that natufal-born fubjcftsinay become fubjefts of the United States, there can be no b /each of legal duties, any more than of morii or political oimt no conflift of duties whatfoe^c, in claiming or exerciru>5r the privileges, whicb belong to the new charafter. Such a pcrfon is to many purpofcs " of that country, or plaqc" according to the words of the Navigation A61, and " a fubjcdl of the United States," which aflcthc words of flat. 3J. Geo. 3. c. ^7.(b) n ^ In the arguing of this point, nQ^notice was taken of a di^erence in wording, whibh feems to 1-, , V, -AJ.-UW S: ..wy c•-^ («»)'TeAi Reports, vol. 8. ibid. {6) Bof. ti Pull. ibid. , .V pinion* there wai ajMinry' by birthj etcxA purp6fes ; [ft here, cannot being ^^cittzen jf thr judg^nent^ ;qiier Ghaniber V is made by the •ft of the Umted' k of the kingtbf eral principle, in this adoptiortiof that ill the pre- ly he ihould he ;ges, which hare ftitc> to other is adopted him? ping granted, th^t jc fubjefts of the , b/each of legal or political oncj* J, in claiming or belong to the new o marty purpofcs iccording to the «id " a fubjeft of the words of ft^^^ It, no jiotice was whiic:h fe^finsio jiV. SHIPPING AND NAVrOATIOK. •. ♦ J3I faraifli a iaif atopic of argunnent. It may reafon- , ^^*^"- ^ ahlr be \dotibced whether it was mcan€ by^thc le- rRonTm giflature to hold American ihips tradih^i; to India, toa. o. laoevt. to aU'the ftridb cincomftances of owncrlhip and ^'*^,?*/*'** niwigadon required in Americaa (hips itrading be- «'«'><'»«•«««• tveeen the United States and this kingdom : the ^ dcfcription in the latter cafe is this; " fhips built c5^. . y '^ " inxflbe^countfics belonging to the United States *^itf i/Vjnerica, or any of them, or (hips taken by f^any^^of the (hips or vtffeh of war belonging to " '^'chei' government^ or any of the inhabitants of << the ii^id United States, and condemned as law- 1" fill priisff in any Court of Admiralty of the faid "United States, of which condemnatiori proof "(hall be given to the fatisfadlion of the com- "-miifioners ofhis majefty's cuftoms, in England "and Scodand refpedively, and owned by the "fubjcfts of the faid United States, or any of "them, and whereof the mafter and three-fourths "of the mariners, at leaft, are fubjefts of the faid I" 'United States." This defcription of American iWps is referred to !h (evcral fubiequcnt feftions j infeft, a. i» xuch sitips i in feft. 3, 5. 6. Ame- Irican (hips owned and navigated as herein-before Yesfttiredi feft. 7. imported in manner before- mmtionvJi feft. 11. American veflfels owned and mvigated as by this act is required. B'lt when lin the 2 2d feftion, a new trade is to be clefcribcd, Inamely, that from the United States to the Eaft- llndies, no fuch preci(ion in the quality of the Ihip Jisobferved; the words in the enafting part are, \for the ships belonging to the citizens of the .. . ,, « United ■J h .U1.-1 '... i. i t;- m N THE L Air OF , " United States to carry e/i the, said trade to noMTNi '" the British territoriei in tM £ast''Indie3:" TO A. D. 1806. there is no reference to' the ftrift ckfcription in ^'^Afin^"' ^^ foancr part of the aft, and the fcotion con- mat AiHtrita. cludcs with a tton obstante q£ the A& of Navi^ tion. This looks as if the legidature had no to- :^ : licitude, and did not pretend to make any proTi% / J, ♦ ■ fion, to regulate a fubj eft which they knew CQuld ,^' not be governed, in the way it was treated lin this ^ ; • . kingdooij in the Wcft-In^ies, and in the American \ colonics, where there are cuftom-houfreftaUJlh* • ments, and a habit of examination, for preferv^' ing regularity in fuch matters. It muft have ' ., been known to the framers of the aft, that all ■ '' thefe means were wanting at our fettlements in India ; that, in faft, the ownerihip and navigation . ' of (hips was not there viewed with the technical nicety praftifed here ; and that in ^egidating on thb pomt, they could go no further than Jay down ^' ^ • the rule in general terms, fimikr to thofe of the . . treaty which they were to carry into execution, and which are recited in the pifeamble of this fee- tion, " that the vcfli Is belonging to the citizens " of the United States of America Ihall be ad- mitted and hofpitably received in all the fea- ports and harbours of the Britifh territories in I " the Eaft-Indics." It fecms, therefore, very| queftionable whether, in the ftrift legal conftruc- tion of the enabling words in the aft, and much I more when the preamble, copied from the treaty, is confidcred, American Ihips going to India are | cp<;n to fuch objeftions to their owneffhip and na- ,. K:x. '•• X ■■ .. .. : . - . vigation, cr (C FKOM THt- and AiMrtta^ SHIPPINO AMD NAVIGATION. vigacion, as American ihips trading from Ame- rica to this kingdom. It is to be regretted that the qualification of ^ol.t>. imm. Calkt was not fuftained upon fome fuch reafon- ^"^/•J,^'** iog as this, rather than to (hake the opinion and # principle declared by the law officers in the afe o( Smith i as it may contribute to loofen diofe' bonds of the navigatioh-fyilem, which it h ' impoftant to keep as firm as poiTible. As to the other point, of a circuitous trade to India, two of the law officers, whofe opinion in the cafe of Smith was thus over-ruled, were called upon, foon after the judgjnent in the Exchequer .y Chamber in fVilson v. Marry at, to confider the,' cafe of a circuitous trading to India by an Ame- rican fhip, when they delivered an opinion, in dieir ttirn, againfV certain principles which had been laid down by the judges in the above caufe. 'An American ihip had applied at the Cuftom- H6ute to enter outwards for Madras and Bengal i under ftat. 37. Geo. 3. The bench officers, doubt- ' I iirg of this claim, "^had fubmitted it to the board, I which led to a cafe*4ieing referred to the Attorney d Solicitor- General (a) for their opinion, whe- I ther a Ihip, belonging to a fubjeft of the United Statesi can legally clear out from this kingdom to I the Britifh fettlements in India, or to any other part of the Eaft-Indies. They reported, that inde- pendent of the before-mentioned decifion, they llhould have been inclined to think, that the trade, ■■,;.. ■<■ '- ':<^ :■..■ i' • ,.'■ ;-,.■■'■•'. under ,**- "^ ''.'.' 1 " * 11' I (a) Sir J. Scott, and Sir J. Milford, 29 May 1799. •>v. 1 ■ I ' I > 334 ^THt LAW of^^^"^^^^^ - ^^-^ ^«J«'' tWtffHtft oti^t to W dU*^ from Arm- noMin* rica to the Brirffh ttrfitbrirt! in Ihdijiy Wlrdl «s Tfi". woft frorti thofe tcrYitpH<»s dit«6Wy tH Amcflcki the Eatt-India Company* .'-- n un ^b**) :iv;,Mi ' ' NyftiTttBVapprehehdcdi (ftetrejaffpeald)ig'6rt^^^^ ' -a trade b<^twcen the United States dhd the Britiih territories In the Eaft-Iiiflics, could hot be deemed , to author!" any trade frSrti Great Bribiin to jmy ' ■ ' part of the Jiaft-Indieii rtot b«lHg Britim'^t«rrritbrjr, and therefore fo mxich of the qucfttoh muri: ftand •/ . as it did before the treaty, and the citizens ^fAine^ rica arc in that refpeft, in no better fituation, thhh ' the fubjefts of any other (late. The eJccltifivc ^ trade is fecured to the compa^, fubje^fe to thi provifions in flat. 33* Geo, 2* c. p. in favour of , the king's fiibjefts refiding irt* Gtcat Bfifiain, or in any other part of his Eti^peari donrinions ; • : tj^y obfcrved that his mijeft^^'s fubjefts, atitho- rticd to export other goods under the abbve-mcii- tioned pi'ovilions^ arc reftratned from exf>ortIng * military ftores, and a variety of other articles^ without fpecial licence of the company^ Tlief law, therefore, antecedent to the American treaty, applears to have prohibited the exportationj by ail fol-^igners, from Great Britain to the Eaft-Ii^dies, of any goods whatf(^eycri they then conceived tliat .-«'.' '0th Ariw- •ricki tnd ;forc-m«n- the qticf- |c(fd State* iftg6ril/o^ the flf itilh bcd^cmted tain to any hi'terrlt6r)rj tns^f Aiiic- mtioft, than Ic eitcltifivc ^t& to the in favour of Bf icaih, of dortttnio"' J eiis, atiih(i- abbvt-mcn- n cxf>orting her articlhi' pany^ TliiJ rican treaty, ations by all Eaft- Indies, conceived that SHlPPINa ^AUU NAVIOATiON. 23S that no ibreign (hip could, before the treaty, clear ^^^^J^, o\it from (vreat Briuin to the Eaft^IncUies. As the »«m thi treaty, and aft t^pply PPly to a trade with the Brn n a. b. iiiog. tilh territories in India, they thought it clear, that ^•^/Jwlf *^ there was ao authority, under them, for an Ame- **' -**'«*' rican fhip to clear out from Great Britain to any part of India, not Britifti territory; nor can the , , . treaty and aft be deemed to. have repealed thole » V^ a4ts of parliament, which give to theCompany an ex- dufive trade from Great Britain to the Eaft- Indies, > with provifions, even in fiivour of Britilh fubjeds only i^ader fpccificd reftriftions. If it was odiei- wifeR the Americans would have a trade to india, wijdiouf reftriftion, which his majefty's fuojefts, refiding htrt, hfive only under certain reftjiftionsi I aad his majefty's fubjefts, notrefidcnt inhisFu^ Iropean dominions, have not atal); and^hich'is foci^id^n CO all fore*o;ners. The Americ ns might then export military (lores, and the other articles that a|-e prohibited to be exported without fpe- ciaj licctite, Such extraordinary privileges, they thought, cpuld not be conferred on American fub« Ijecjis, without the cliqareft and moil exprefs words. However,, it appears, that after this, (a) the Icommilfioners of the culloms allowed an Ameri- can, (hip to clear out for S^erimpour in the Eail^ [indies, and expreiTed ofHcially: r^eir opinion, that 4cnew no law againll ir^ - ,h ,^ \ >.■-.-.. < ) that the prohibition in ftiit, 7. Geo. I . c. 2 1 . {e6t. 9. attached upon thefe goods, notwithftanding their having been carried into Bar- badocs as prize, and, confequemiy, they could not] be imported there j but the goods when con- , * -' demned, miglit be fent, without importation toj . Great Britain, or to a foreign maricet. Upon! this aft, ftat. 7. Geo, i. it may here be remarked,! ■iAir- . ■ \- ■ * • thati *'■■! t'A • .'^vv. («) Sir J. Nicholl, Mr. Perceval, Sir V. Gibbs, 10 Feb. i8o6.| (^) Sir J. Scott, and Sir J, Mitford^ 16 Dec. 1793. Mi.' >-/■ ..■ i- SHiPpiilo ah'd navigation. ^'Ii^ thdt thi repealing claufc fcft 146. in ftat. 33rXl^^l^^ Geo, 'i. c. ci. cannot be conftnrcd to afFcft- tlie . fRoHniE alx)Vc fcft. $. of ftat. 7. Gee, i. but has for its to a. w isu6. * objeft fedt. I. as appears by the fcrics of corrc- '^"'%faf''''f fpohding words in both afts. "^^^^ ^'^'*'> "^^^^ ^'^ anrf^m^/iAi. The ftat. 39. & 40. Geo. 5. c. 34. feft. 5. - eha6ls that in the cJafe of any difpute about the iiCehces granted under that aft, to trade to the Spahilh colonies, the proof fliall lie on the perfon claiming the benefit of the licence. A claufe to this efFe61f*^ufed to be irtfcrted in the body of fuch licences, by way <^ Admonition to the parties. Some pierfons {ifetitiioned, that fuch claufc might be left odt; itrd the law officers were of opi- nion frt ) t^at Mrc was no objcftion to the omiffion of fuch condition in the form of the licence, as the legal obligation to comply with it ftill remained, whether it was eicprcfsly infcrtcd in the licence, or n6t:^^^^7-^^r' (fljSif J. l^ich»n. Sir Ed. £iW,Mr. t»erceval, i.Apr.iSoii ■',^m^^H^i^..l■. I 3« / , THE LAW OP •Att >■* ^■^- '0' .'■ : ■ ''v ■ ■- • ■ •ft! :.^ia.r^vv> 'SMS tilt; 4' 1.. liO ' ^ CHAPTER ilLl %5ii .r • ^ . THE EUROPEAN TRADE, f .floi?r ....^ >W > .»i-#rt "^ i(j O/* European Shipping — The French Com- mercial Treaty^-^The fVar Acts I'j^y — Tht Dutch Property Acts^-The Neutral Ship Act — The JVar Acts 1803 — Orders of Coun- cil, Licences, and In6truction$.,^liam Opi- nions, '";.>^^.nf':tmi^M 'h^'^i-'gi^r.m "fr '-tfi .t<.<,.i.ik^»i.A:^'k. ''fct'^i :C\V i-H;!;!,; V* ../'■*!. ^.i-^'Ss^j? European Trade. Of European Shipping. FART III. rr^HE moft material provifions made during p»om'^e -*■ this laft period that can properly be claflcd TO A?D. 1806. under the head of regulations reipedbing the Euro- pean Trade, are in a claufc in ftat. 27. Geo, 3. c. 19. and two others in flat. 34. Geo, 3. c. 68. This claufe {a) was made in order to do away the injury which the Navigation Aft fuffcred from the provifion lately (A) made by ftat. 22. Geo. 3. c. 78. in favour of foreign (hipping. Under that act, foreign (hipping were qualified to import the articles enumerated and defcribed in the eighth feftion of the Adt of Navigation, if they were of the built, or belonged to any other country than that of their growth or produiftion, provided it -iji ■» -J - was (^0 In ftat. 27. Gia. 3. c. 19. [}) Vid. ant. f 87. :pi •# ■■■^^•: idc during T be claffcd r the Euro- 7. Geo. 3. c. 68. to do away Iffcred from 2. Geo. 3. lUnder that import the the eighth ley were of lountry than provided it was lant. 187. 1 .•?i 1^" SHIPPING AND NAVIGATION. was a country under the fame fovereign. This made an opening that gave offence to the jealous defenders of the policy of the Navigation Aft ; and it was accordingly meant to be repealed, with- out its being lb exprefsly declared, by the follow- ing provilion j namely, that the goods or commo- dities fo enumerated or defcribed in the Aft of Na- vigation, being of the growth, produftion, or ma- nufafture of Europe^ may be imported into Great Britain, unijer the regulations of that aft, and of ftat. 13. & 14. Car, 2.C. II. and ftat. 6. Geo. i. c.if. either in Ihips'Which before i May 17^6 truly and without fraud wholly belonged to his majefty's do- minions, or which are of the built of his majefty's dominions, and regiftered according to law, or in . Ihip: the built of any country or place in Europe belonging to, or under the dominion of^ the fove- ^ reign or ftate in Europe of which fuch goods or commodities are the growth," produftion, or ma- fafture, or of fuch ports where thofe goods ""an only be, or ^oft ufually are, firft Ihipped for j tranfportation, with a mafter and three-fourths at jleaft of the mariners belonging to fuch country, place, or port, and in no other (hips whatfo- 333, PART III. '! FROM THE PEACE nss, TO A. D. 1806. European Trade, ever' :>;V * licci »0.i By this aft, the fliips arc required to be of a cer- luin built, as by the old law, but the built need not [be of the very country of produftion, only of some Icountry under the fame fovereign j which latter Ipoint fo far agrees with the liberality of theftatute Imcant to be otherwife correfted, by thisj and 'by [the wording of this part it applies alfo to countries Icircumftanccd like thofe that were not under the Z 2 fame ! - \V -f ■-^i; 1 SI 340 PART III. r«OM THE PF.ACK 178;J, TO A. D. 1806. Jiuropfan Trmic: - . ■ ' ■ V': ■- ' • '.■^>-'y ■: ' ■ ,' f- ' \'" ' ■■''' '«f . '''■ THE LAW OF . fame fovcreign at the time when the Ad pf Na- vigation was palTed. It was intended by this aft to reftore the Jaw to the Hate it was in under the eighth feftion of the Aft of Navigation, as altered by the prohibitory claufe in ftat. 13. & 14. Ca7\ 1. c. 11. and flat. 6. Geo» I.e. 15. But the penning of this aft feems to do more. Thus, under the words of this ad, currants and Turkey commodities, being the growth, produftion, or manufafture of Europe, may be imported either in fhips belonging to, or fhips built in, Great Britain, or in fhips of the country j but by the eighth feftion they may not be imported but in hritiih-built fhips, o^- fhips of the country. It was not, however, intended, that the permifTion under this aft fhould go fur- ther than the permifTion under the eighth feftion i and it is exprefsly provided, that this permiflion fhould be exercifed under the regulations of that and the other two afts before- mentioned. The conftruftion has accordingly been, that where Bri- t\(h-built fhips are required by the eighth feftion, theymuft flill be employed under this aft. In like manner, the permifTion here given is not to be con- flrued to take away the prohibitory claufe in flat. 13. & 14. Car. 2. nor is the faying in flat. 6. Geo, i. which takes off part of that prohibition, to be ex- tended beyond the limitations annexed to it, which require the goods imported to belong to the king's fubjefts, and the importation to be in Britifh-^«i// 1 fliips (rt). w . * v = - ,' ... V ■ ' ■ , . Ths {a) Vid. ant. 157. 159. 160. *;• SHIPPING AND NAVIGATION. FROM THE PEACE 1781). TriE two claufcs in ftat. 34. Geo, 3. c. 68. con- fidcrably afTcft the Britifli fhipping employed in part of the import and the whole of the export of « *• »• i«c«. ♦ this trade. All articles of European trade, not ^'''jS? included in the ,8th fcftion of the A(5t of Naviga- tion, being under no prohibition, or reftridlion whatfoever by aft of parliament, might be im- ported in any Ihips, Britifli or foreign, howfoever manned, or navigated j bu: this aft, by cnafting, that no fliip regiftered, or required to be regif- tcred, as a Britifli fliip, fliall import or export any " *" articles whatfoever, unlefs navigated by a mailer, and three- fourths, at lead, of the mariners, Britifli fubjefts, has put all imports in Britifli fliips, under the fame reftriftion with thofe included in the 8th fcft. of the Navigation Aft, and further has created a rcft:riftion as to export, which before was un- known to the navigation fyftem, except in the Britifli colonies, where the export, as well as import, was always Required to be in Britifli fliips, manned and navigated in this manner. '-^ '^-^ -' A REGULATION was made in flat. 27. Geo. 3. c. n.forcarrvinffirito execution the commercial treaty J'^ Freno. with France. Two of the articles that were the Treaty, objefts of that treaty were wine and olive-oil, bodi I which were, by the Aft of Frauds, fiat 13. & 14. Car. 2. c. II. prohibited to be j.nported from the Netherlands. This fl:ood in the way of the adjuftmcnt now made by the treaty ; and to re- move this obftacle it was enafted*, that French wines might be unported in caflcs from any place I ill the European dominions . f the French kirip:, Z3 .in I ■ ' V »: \KT. in. ,vVVIOH THE • iF»HCE iia'j, ■>'TOA.D.,1806. , Unmpetn Trad/'. T^f \\'^r Acts }793, . vjOjt-* . ,^ . TttE LAW or ^ ' " in fuch manner, anti under fuch regulations, as they might then by law be imported from France j and alio French wines in bottles or flafks, as well for fale as for private ufe, in the fame manner, and under fuch regula.iu*n;>, a!: rhey might then be im- ported from France for pn/itr ufe : and alfo, that olive-oiji the pindu<:l or manufafture of France, or of any p^ace ii- the T7.u:~c:.car! i >nn,nions of the French king, mi^ht be imparcco from any part of thf, Netherlands belonging to, or under the do- minion of, the French king, in Britifti-built-lhips or >'eflrel> owiicd, navigati^ti, and regiftered ac- coi'ding to the laws ir f^tce on or before lo May 1787, or in French-built fliips or veffels owned by, and belonging wholly to, the fubjcd:s of tiic French king, and whereof the mafter and three- fourths of tiie mariners at the leaft were the Tub- jecls of the French king. This regulation ex- pired with the treaty in the year 1 800, but all commercial intercourfc had long before been (lopped by the war. " • - ^ • ,■ v, • ' The remaining afts pafTed during this period, that, at all, affi- A the (hipping and navigation of | the European trade, were fuch as the (late of war fuggeded, and they expired with the termination of hoftilities. Thefc arc cither fuch, as were to facilitate the importation of certain articles, that 1 were neceffary to our manufadlures, or confump- tion i or fuch as were to en ♦ble the king's fubjefts | to take advantage of the afceridency, which our| gre^ fuperiority at fca gave us, for enlarging the boundaries of Britilh commerce. ■ - Of ./ I i4- SHIPPING AND NAVIGATION. ns, as they ancc ; and 1$ well for inner, and icn be im- 1 alfo, that France, or ons of the any part of ler the do- i-built-lhips riftered ac- >rc 10 May &flcls owned jcfts of the • and three- :rc the fub- »ulation ex- Soo, but all i)cforc been this period, lavigation of | ftate of war . termination , as were to articles, thati or confump- ing'sfubjeftsl fy which our I enlarging the 543 PART ni. Of the former kind was ftac. ^$. Geo. 3. c. 90. which was to repeal fo much of flat. 2. IFill, & Ma. "on the c. 9. as relatefS to the importation of thrown ulk or to a. d. 16O6 the growth or production of Italy, and to allow the ^>w!£'"' importation of fuch organzined thrown (ilk from any port or place in amity with his fnajefty, in any ihip or veflel whatfoever. It was alfo provided by the fame z6k, that flax and flax -feed, which is one of the enumerated articles in the 8 th fe6tion of the Aft of Navigation, might, notwithftanding that aft, be imported in any fhip or veflel, belong- ing to any kingdom, or fliate in amity with his ma- jefty, upon the fame terms, as if imported in fo- reign ihips or veflfels of the built of the country or . place of which fuch flax, or flax feed was the growth, produftion, or manufafture. The lafl: continu- ance of this temporary aft, was by ftat. 42,. Geo. 3. c. 16. to 5 July i8o2} when the peace being efta- bliflicd, it was permitted to expire. Bvi^at. 44. Geo. 3. c. 29. his majefl;y was im« powered by order in council (and in Ireland the brd lieutenant and council) to permit hides, pieces of hides, drcfled or undrefled, calve-skinsy or pieces of calve^flcins, dreflfed or undrefled, horns, or pieces of horns, ^fl/Zoa^, and wool, (except cotton wool) to be imported in any foreijn Ihip or vefl^ei, on the ume duties as in a Britifli fliip. This aft was for a year} it was continued by ftat. 45. Geo. 3. c. 8b. with the addition of goat skins drcfled or undrefled i and further by fl:at. 46. Geo. 3. c. 29. fcft. 9. to 25 Mar. 1808. Upon this aft, orders of council V. ere .xceffively made for three months^ with the - Z 4 addition iV r \^ i VBVM THK WKCk 1783, ■lOA. D. 1806. F.iiropfan Trade. '• ■' ' THE LAW OF *'^M^U' addition of goat fkins in that of 4 Jufy 1805 : the laft order was 26 Nov. 1806. for ten months. When goat fkins were added, there was then in force an aft allowing their coming from any place in Britifh fhips, ftat. 15. Geo. 3. c. 2S' inadc perpetual by ftat. 31. Geo. 3». c. 43. («) . , The trade of the Levant, and iVtcditeffanean fea is one, that has always been interrupted by hoflilities, and has accordingly required fome re- laxation in the navigation fyfleim : it includes arti- cles both of the 4th and 8th fcftions of ftat. 12. Car. 2. ^hat is, thofe wWch are the produce of Afia and Africa, and alfo thofe of Mufcovy and Turkey. Jn order to obtain the importation of fuch articles, without complying ftriftly with the regular courfe of the navigation fyftem, it was pro- vided by ftat. 37. Geo. 3. c. 84. that the Turkey Company might import the goods, ufually im- ported from Turkey, or Egypt, or from any place in the grand feignior's dominions within' the Le- vant feas, in any ftiip built in, or belonging to Great Britain, or Ireland, and navigated according to law J or in any (hip belonging to any kingdom or ftate in amity with his majefty, navigated by foreign feamen, fi jm any port or place whatfoever. Further, goods ufually imported from any port or place in Europe within the Streights of Gibraltar (except fuch as might theretofore be imported from the dominions of the grand feignior) might be imported, by any perfon whatfoever, from any place {a) Vid. ant. 114. SHIPPING AND NAVIGATION. place whatfocvcr (not being in the dominions of J the grand fcignior) in Britilh, or foreign fliips, as before-mentioned. This adit was to continue du- ring the war. In the following year, fait was allowed to be im- pojted from Portugal in neutral veflels, by ftat. 38. Geo. 3. c. 25. during the war. Salt is enumerated in fc6l. 8. of the A&. of Navigation, as an article I to be importeli in no foreign fhips but thofe of I the -country where it was produced, or was firft I Ihippcd for tranfportation. .^ -v' vJi ;¥j .0 The provifion made by ftat. 39. Geo. 3. c. 98. 1 to permit the importation of Spanf fli wool from any port or place whatever in foreign parts in any neutral fhip, is undcfrftood to have had in view, not the wool of Old Spain, which needed no fuch pro- vifion, but wool of the Spanifh colonies, which by the Navigation Aft muft come from thence di- rcftly, or from Old Spain, This aft alfo took oft* theefFeft of the traitorous correfpondence aft, ftat. 33. Geo. 3. c. 27. which othcrwife would ha\c pre- I vented the dealing with Old Spain for this articl , The neceflity there was, during tne war, of 00- Itaining naval ftores, upon any terms, occafioned a fufpenfion of the Aft of Frauds, ftat. 13. & 14. \C(ir. 2. which prohibits certa'n importations from the Netherlands and Germany j by ftat. 39 Geo. 3. Ic. 1 1 1 . it was allowed to import, in Britifh-built Ihips, from Hamburg, Bremen, Altom, and Gluckftat, pitch and tar, as well as deal A.a,ids, |fir, and timber. The peace coming, this tempo- rary 3+5 PART in. . FROM i'lir. HEACE 17ft3, TDA. D. 18U6. F.urotiem 'JVatle. ■r f'^'lJI f ritOM IIIE •to A. D. 1806. European \ * •.vm.i. T«E LAW OF 'fjiJ.Wf?'^ rary aft was not permitted to expire, but was re- pealed by flat. 42. Geo. 3. c. 7. to Amono the temporary proviiions, that arofe out of the war, is Hat. 41. Gev, ^. c. 103. made refpedting the trade of Malta : the geographical fitaacion of this ifland was not well defined i if it was to be deemed a part of Africa, it came under one branch of the navigation fyftemj if a part of Europe, it came under another. To thefe Hof'^rs were added the contemplation of its being one of tiic places, which, probably, would be ceded at the peace* It .was, therefore, thought more advifeable for the prefent, diat ics^ trade and commerce fhould be under the direftion of the king in council, who might make rules for its go. vernment, notwithftanding ftat. 12. Car. 2. c. 18. and ftat. 7. & Z.iyUL 3. c. 22. and all other aifh^ whether relating to the colonies, or to other places. The aft further ordained, that the ifland of Malta, and its dependencies, Ihould be k. !med^a part i Europe for all purpofes, and as • all ir .ers and things whatfoever. This aft was to continue till the figning of a definitive treaty ^ ^^cace, and from thence dll fi^ wcrks after the next me^t » of | parliament. Since the renewal of hoftiht ^ it has bten continued by flat. 43. Geo, 3. c. 12. to I Jan. 1804, and by flat. 44. Geo. 3. c. 4. till fix 1 months after the ratification of a definitive treaty j of peace. An 01 vier of council was made under the firft I 2JX on 30 July iSoi, which was continued by ano- theil \JtWn.\t: *>«»«♦% *('• i - >J< I < tut was re- that arofe 103. made eographical 11 defined i ica, it came f^tmi if a ;,svTothefc of its being , would be >rc, thought its^ trade and ftion of the icsforitsgo- 'ar. a. c 18. all other aas, lOthcrplaca. and of Malta, Bcd^a part f » all iT»'' >-^^ IS to continue ii peace, and ;xt meet' % of hoftilit , it I. 3. c. 12. to c. 4. till fix ffinitive treaty inder the firft [inuie d by ano- ther moM TMI PfACI I'iSa, TO A. D, 1806. r.uropinn IraUe. I <. SHIPPING AND NAVIGATION. thcr on 8 Jun 1803, and was laft continued by one "on 21 Dei .803, to the end of the war, un- lefs his majtfty in council fhould othcrwifc order and dircft. It was thereby declared, that the port of Valette, in that ifland, fhould be a free port for the importation and exportation of all forts of goods *m neutral ihips, of whatever burthen and , in whatever manner navigated; fubjed to reg'i- \ , lations that might be neceflary to be made for :]the^ fafety, or health of the place. The fame • drawbacks and bounties as are allowed on expor- tarions to Minorca, or Gibraltar, were to be al- lowed on exportations to the port of Valette. " The rf^gulations in this order being deemed dc* feftive, it as revoked by an order 7 Jan. 1807, which goes on to direft, that the trade and com- merce to and from the ifle of Malta, and the de- pendencies thereof, ihall be carried on in ihips and veifels belonging to any of his majcfty's fubjefts owned and navigated according to law ; and in trading Ihips or veflfek belonging to the fiibjefts . , of ftates in amity, of whatever burthen, and in whatever manner navigated; and in Ihips belong- ing to any perfon or perfons whatfoevef, of what- focvcr defcription and however navigated, to which his majefty may be pleafed to grant a licence or au- thority for that purpofc. /. •; : ' The other temporary regulations, wht^h had the efFcdl of enlarging very confidcrably the Jjoundarie's ofBritifh commerce, to the preiudice indeed of P«0"»«'' , . r J Property AcU our (hipping and navigation, were fuch as allowed any neutral (hips whatfoevcr, and however manned, « '.} : ' i I 3 M'-- / ' .i SHIPPING AND NAVIGATION. jefty, or to any fubjcfts of a country in amity with his majefty, coming from any part of Europe, Afia, Africa, or America, in amity with his ma- To'*!V*laoi. jefty, in veiTcls belonging to any fubjcdls or inha- bitants of the United Provinces, or to any fub-, jcfts of his majefty, or to fubjefts of any country in amity with his majefty, and bound to ports of the United Provinces, might be landed and fecurcd in warehoufes, in like manner as goods admitted under the former order. Such indilcriminate admiflion of foreign. (hips, as muft take place under thtfe orders, could not be cfFefted, without the breach of many reftric - tions in the Afts of Navigation, as well as in thofc for preventing fmugg!ing ; and it became necef- fary to follow up whit was done, by fome aft of the legiflature, that ftiould juftify a proceeding, which however illegal, was highly ufeful, not only for preferving the effefts of his majefty 's allies, but alfo thofe of his own fubjefts, who happened to be embarked with them in the fame commercial adventures. For this purpofe, an aft was pafted, ftat. 35. Geo. 3. c* 15. being the firft of thole, commonly called Dutch Property Acts ; by this aft the commiflloncrs of the cuftoms were autho- rifed to releafe all fuch veflels, that ftiould happen to be fcifed, if it was proved, that they came within the terms of the above-mentioned two or- ders in council ; and all fuits, and legal proceed- ings refpefting fuch ftiips, contrary to thofe or- ders, were to be fufpended. Further, the per- miflbn granted by the two orders was enafted, as a law. - r|'T!j^ ji| HraJ '*■* '1 m\ •349 J fflj PART III. . 1 |l . UOM TUB 'Iflt ' *Hktt 1785, . . ■ ' . Ml i' a A. 0. itio«». ^ -'n , 1) |RI| j^ '"'i- 1' ■ ■ 1' nf W 1' ■Ii B 1 H ' )' H "1 I 1 1 ' . U ! ffl 1 ' 1 i Ii 1 ^Bm H 1 1 I 11 i-' Ir '■' i H : ' 'Ii ' ■' '■"■ifj" lil; /■'•'' ||,, ||,^ Wi^ 'm |;i , M, ■ ' ii »!' 1 1 ; jlj' . 1 , \\\ t |Hi ',; 1 ■ i ^' mu ^; . s; m\ i 1 ' ■'' 1 B ' B ^B '^ ''In 'f H2 i '''p nH^ ' i'Q ^^BT' 1 ] rH 1^^^^' f!^i|t ' ; fflj jl : :- :Lyiil 3io PART III. PROM T«E PEACE I'ns, TO' A. D. 1806 AUfofmn Trade. N^vi tl^nii." •i' Ccft. ?1 . THE LAW OF a law, in the very terms of the orders, holding out, bcfides fccuring the property of fuch fliips and cargoes for the benefit of the owners, the fecuring alfo of the revenue that might be due for them, until further provifion therein fhouid be made by parliament/-' --^^^J ^' ' ' ' ■-■ ■^\" ^ '-"'^''•'- ' Before the ieflion clofed, fuch further provifion was made. By c. 80. the proprietors of all goods, that had, or might afterwards, come in, were aU lowed to take them out of warchoufe, and either re-export, or otherwife difpofe of them, upon paying the duties, aifd complying with the regu- lations contained in the aft. ' ' The aft went yet further ; forefceihg that fhtps of the inhabitants of the United Provinces, and Ihips having on board goods of theirs, might ftill be coming in, his majelly in council was enabled to appoint commiffioners, who Ihould take into their pofleflion and under their care fuch fhips and cargoes as had come, or fliould come; and manage, fell, or otherwife difpofe of them to the beft ad- vantage, according to fuch direftions as they fhouid, from time to tirtie, receive from his majefty in council* As fevcral fliips had been admitted by fpecial orders of council, without fufficient proof having been made of their coming within the terms of the two orders made in January, it was thought expedient to legalize fuch admiflions; and, more- over, to allow the like orders to be iflued for fix months more, for any Ihips whofc owners wilhed to tak? the benefit of the two general orders. Such . ^ fpecial ;/»»-'■;•; y. and either lem, upon I the regu- g that (hips .rinccs, and , might ftill was enabled 1 take into :h fhips and nd manage, the belt ad- thcyfhould, majefty in i by fpecial iroof having ic terms of vas thought and, morc- fllied for fix rncrs wifhcd rders. Such fpecial SHIPPING AND NAVIGATION. . Jjp^l I fpecial orders continued to be iflucd, long after the t^^^"^ "'• . expiration of the fix months; but this fort qi^ r»oMTi» I * PEACE I'JBS.'* ■ trade was deemed, as well by the parliamef^t, as ,■«>»». isee,. by his majefty 's council, to be very .beneficial to ^tSJ!^ the commerce of the kingdom. _i Accordingly the admiiTion of thefe latter ihips was likewife jufti- fied by (lat, 36 Geo. 3. c. 76, as that of the for- mer had been; and they were received to all the benefit of the two general orders in council, and of the ads pafied in the laft fefilon of parliament. Indeed the advantage of this new trade, which The Neutral Imade England the depot and emporium of Eu- Irope for the produce of all the world, was fo fen- Ifibly felt, that the parliament came to a refolu- |don,* not only to continue, for a further time, the Ipolicy relating to Dutch ships, but to enlarge it , lioall neutral ships whatfoeverj judging, as the Ipreamble of the claufe made for this purpofe ex- preffes it, ** under the fpecial circumftances of the Icommerce of Europe, that it will be for the bc- Inefitof the commerce of this kingdom," bcfides [continuing the regulation, as to Putch fliips, to |allow, " other fliip? and veflels, belonging to erfons of any country in amity with his majefty, chich are in fcarcli of a place, wherein to depofic heir goods, wares, and nierchandife," to come to ir.y of the ports of this kingdom in the fame man- as if they had been intided to take the be- 1 efit of the two general orders in council iflued in [anuary 1795. Accordingly by the 2d feftion of . pt. 26, Geo, 3. c. 76, fuch fhips, under fuch , pccisl circumftances, were allowed to be admitted . by !> n [• i't aI H ill ^1 l' fci I! rvi "' /■' " - ' ' ♦, I ' ' 'v THE LAW OF Kiiropean Trmk. y^VW' by order in council, to take the benefit of tjie two ;.vFROMTMi jKncral orders in counciliflued in Jajiuary.i7qr, T»i<.'b,i806. and of the aas of the preceding leffion, ^^s.to im- portation, warehoufing, and exportation^ This regulation* as well as the two afts of the pre-| ceding, feflion, was pa0ed for a fhort ,continu- - ancc ; all three adls were further continued by %t.| ^j, Geo, 3. c. 12. ftat. 38. Ceo, ^, c^ 9. & ftat.] 39* ^€0. 2* c, 12. st,4j?i,v wrtr^ , v"jft fifvfofft c"^' . s..,In. the laft of thcfe fefTions, an addition w?s| ■ made by c. 112. to the po'-cy of neutral fliipj; his majefty was thereby authorifcdj for a limitedl time, with the advice of his privy councilj to permit j . any fuch goods, as Ihould be fpecitied in any ordcrl of council, to be imported in ii-iips belonging toj the fubje<^s of any kingdom or ftate in amity with! his majefty. All the four adts relating to neiural| fliips were continued by flat. 39. &c 40. Geo. 3.J c. 9. & c. 17. The three former were finally con- tinued by ftat. 39. & 40. Geo. 3. c. 65. to i Jan.l 1804. and the laft by ftat. 41. Geo. 3. ftat. i. c.l ao. which laft having been fufi^ered to expire, was revived by ftat.' 41. Geo. 3. ftat. 2. c. 19. and continued until fix weeks after the commencemenij of the next fefllon of parliament, when it wasagaiiJ fuffercd to expire ; peace alfo being now reftondJ the three former acts were taken into confideraj tion, and were repealed by ftat. 42. Geo. 3. c. 8oj Howevetj. other provifions were made, by m fame a(5l, in lieu of them, for continuing thistradd in neutral (hips, in a manner Icfs invidious to thd owners of Britifli ftiipping, till it ftiould finally tcr] minarel A iHlPPINC AND NAVIGATION. 353 PART HI. minatcj and the navigution fy flcm be permitted to rcfurae its operation, as before the war. , »»»»» the The preamble of the aft recites, that the com- to a.d. laos, mcrce of this kingdom was greatly benefited, du- '^iS'!" ring the late war, in confcquencc of the importa- tions made under the two orders of council in Ja- nuary 1795, & ftat. 35. Geo. 3. c. 15. & c. 80, and ftat. ^6. Geo, 3. c. 76. and, as it was expe- dient, that, upon the reftoration of peace, thbfe afts fhould determine, other provifions ought to be made in lieu of them j it goes on, therefore, to enadb, that the above-mentioned afts fhould ceafe on i Sept. 1802, and that from thence to the ift Jan. 1804, it (hall be lawful, under any ; order of council with refpedl to Great Britain, and under any ordet of the lord lieutenant and council with refped to Ireland, to import, in any fhip or vcflel, belonging to perfons of any countij in amity with his majefty, not being of lefs :han 100 tons burthen, and navigated in any manner what- foever, or in any Britifli-built fliip, owned and navigj^tcd according to law, from any territory, pofTcfTion, or country, not under the dominion of his majefty, on the continent of America, or in I the Weft-Indies, any goods or commodities what- jfocver, the produce of any part of fuch territories, poffeflions, or countrieF; into any of the ports of Great Britain^ or Ireland. Goods fo im^ irted are I to be-warehoufed under the joint locks of his majefty and the proprietor, fubjeft to the direction of the commifTioncrs of the cuftoms in England, Scof- [landj and Ireland refpedivejyi and are not to be A a re- '». \f.. i II! "■;--^>..^ ':'\ i THE '' . ^ ' *¥- — 1 ■-.-*•»■ LAW OP ri; ^.♦■» > noMTHS »:' T9 A. D. 1806. ISurapcan Trdic, HioWar Art '.!i M removed, ButforTe-exportition On due entry be- ing made for foreign parts. ' ^^ ■ ^ . Since the renewal of Hoftilities m ioO;?; it has been thought wiie to revive and continue the prb- yifiofts of this aA, till eight months after the ra- tification of a definitive treaty of peace, which was done by flat. 44. Geo. 3. c. 30. When flat. 36. Geo. 3. c. 76. nail col^munl- cated fo great advantages to neutral fhips, the Bri- tifh merchants grew jealous, that thdr fhips fhould be flill confined to the reflridions of the naviga- tion laws i this contrafl between the JBritiih and fo- reign fhip owner and merchant had fo much weight with the king's government, that they had, undcrj fpecial circumftances, thought it reafonabllp to ad Hiit, by divers orders in council, feveral Britifh Ihips with their cargoes, to enter, and be admitted to thcj fame advantages of importation, as was grai by chat adl to foreign fhips j the parliament thoiigl] proper, when they were exprefTmg their approba- tion of this fort of trade, to legalife what had al ready been done, in extending it to Britifh fhipS; and to allow the fame privilege to be confirirei to them by law, until j Sept. 1802. It was ac cordingly fo enadcd by 2d f /"' of flat. 42. Gto.i c. 80. Out of this 2£y. were excepted tobacco, fnufFJ and rice j which articles ctxild only be importe conformably with the fpecial provifions then fub lifting, in the cxcifc and cuftom laws; Upon the renewal of hoftilltics in 1803, it be came nccefiiary again to reforr to thofc expcdien for rdaxing the aavi^atipn fylleni, which havi ' beei * 3 n ^i 11 -.-Vi'^.^V ■ TKOM THl MACE 1^H3, TO A. 0. 1906. Eiirohean. ■- ?«*• '■■ > ' , SHIPPINp AND NAVIGATION. bee!\ qicationed during the laft w^r, and- the American war. Moft of thele were included in one aft of parliament, ftat. 43. Geo. 3. c. 153. whicbftnay be properly enough called the War Adl, cjn the jubjeft of ftilpping and navigation. wii! 'Jhjs firft* provifion in this aft, is to ^llow the *Sect.i. ♦mportation of organzined thrown sil}^ of Italy, (j"ojp any place, in any neutral fliip, notwithftand- * jng ftat. 2. Will. & Ma, ft. 2. c, 9. which re- ' (Qjuir^s it to be brought from the ports of the countries where it is the produce, and to conie 4ireftly by fca. There is an exception qf certain coarfefdk. Secondly f, to allow the importation ts«ct-4 q(JIclv, ?U[i^ Jlajc-seedi in any neutral fliips, not- withftajiding the Sth feft. of the Aft of Naviga- tion, which requires them to be imported in Bri- I tilh ihjps, or in (hips' of the country where thofe articles are produced, or Ihips of the port where they are firft fliipped for tranfportation. Thirdly J, to allow any member of the Turkey Company to import goods from Turkey or Egypt, or from any part of the grand fcignior's dominions within |; the Levant feas, in (hips helmiging to Great Bri- lain or Ireland, or in any neutral ftiip, notwith- ftanding the 3d or 8 th feftion of the Aft of Na- vigation, v.'hi/rh require fuch importations to be ii> Biitilh-//«/7/ ftiips, or in fliips of the country where thofe articles are produced, or of the port where they arc firft fliipped for tranfportation. Fourthly §, to allow the importation of goods, ^s-*^ ufually imported from any place in Europe within the Sneights of Gibraltar (not being goods which A a 2 could t S«ot. 5. 8. \t •flK«^^ -- ."■■»<•' i/5|*.^ -^ ^ THE LAW OP j.'M. ■-•( \ « ttect 10. t Sect. 12. «6 ■•■ ,^-*^^^ t could hcrcto?orc be imported only from the grand »B*/m fcigrtior's dominions) from any place, in. diiy ricii- t^^9.\m. tfal (hip, ndtwithftanding the 8th' fcftliin "^bf the A^ of^ f^dvigation, which requires ibme of ihbft articles to be imported in Britilh fliips, oi'lhips of the countries where they arc produced, oV of the port where they are firft fliipped for trdnfpor- tation. Fifthly*, to allow the importation of pitch, tar, deal boards, Jir, and timber, from any ports of Germany, in Britifh built fhips, not- withftanding ftat. 13. & 14. Car. 1. c. 11. which prohibits any of thofe articles being imported from Germany ; which prohibition has been taken off only as to timber, fir, and deal boards, the produflion of Germany, by ftat. 6. Get), t, c. 16. feft. 2. Sixthly t» to allow the importation dfj Portugal salt from Portugal, in any neutral Ihlps, notwithftanding the 8th fedion of the; A' V" n the grand n. driy rtcii- ibn'^bf the i^ 6f thbfc jced, oV of 1 ir trinfpor- ortatibii of] nber, from : fhips, not. I :. 11. which i ig imported ,s been taken boards, the red, t. c. i6. iportation of neutral Ih'ips, e Aa of Na- Briti^ Ihips, produced, or for tranfpor- portation intol eland of ba- emp, indigo} rom any place,| mtended as th feftions o thofc articic! fia, Africa, o a power i lord licutenani Ti time to tim 'i"V,»"i/ - 2S7i SHIPPING AND NAVIGATION. t9,|)crniit any fuch goods, wares, anq mcrchan- ,^_^'l ^ji^c^as ft^all be, fpccified in any fuch oidec ii^ "^^^TtoVi council, to be imported from any port or, placf ioa,». »■<»• of any kingdom or ftate not in amity with his ma- ^tvS!" jcfty, in any neutral Ihips ; and fcveral orders of counci), that had been made fmce th^ renewal of hoftijities, prior to that aft, are thereby declared .m* gpqd in law. .v .t. By ftat. 46. Geo. 3. c. 74. any Prussian yartt which l^ad been imported fmce 4th Ap. 1806, and .which fhould, after the pafllng of that aft, be im- ported in any foreign fhip, under and by virtue of the, laft mentioned aft, flat. 43. Geo. ;j. c. 153. B made fubjeft to the fame duties and regulations, . as if imported in a Britifh fhip. Soon after paffiiig this ad, the lords of the treafury, on the rccommei^dation of the lords of the committee of council for trade, direfted fome German yarn, that had been importt^d from Hamburgh in neu- tral fhips, ^to be admitted to an entry, on paying die fame duties as if imported in a Britifh fhip, upon a reprefentation of the merchants that there were no Britifh fhips at Hamburgh at the time of fliipping the goods j the parties, however, were required to give fccurity for paying the difference between the low and the high duty, within fix months, if they were not previoufly relieved by parliament, •• • • ^ The laft provifion of flat. 43. Geo, 3. amount- ed to a difpenfation from the navigation fyflem, in regard to countries with which we are at war. It was judged proper to vefl in his majefly the ■■i-if !Si;ini i'Jii ! I I? i' r- to A. 0, • worrA ■ ' -■'- • yj'^rt^^ THE LAW Of M ,"i J?«j 'ffi" thfc fame difirretionary power with rcfpeft to fo, reign America, And the Weft Indies; for which purpofe, ftat. 42. 6*eo. 3. c. 80, which has been mentioned before (a), was revived, and continued by ftat. 44 Geo. 2' c. jo. and all perfons con- cfcrned iti advifing of ifluihg orders that had been made, conformably with that aft, fince 1 Jan. 1804, whenftat.42. Geo. 2' expired, were thereby jp- dtmnified. By this aft of 42. Geo. 3. c. 80. impoi^tations may be made, under orders in council, into Gr^at Britain or Ireland, in any neutral fhip or ve0cl of not fefs than 100 tons, from any territory, pof- feftion, or country, not under the dominion of his niajefty, on the continent of America, or 'in the Weft Indies, any goods or commodities the pro- d\iCe of any part of fuch territory, pofleffipn, or country: but foch goods are to be fecprcd in warehoufes, pnder the joint lOcks of his majefty and the proprietor, and are not to be removed, but fbr'ire-exportarion. v-^> «>- ' r-- v :• - %fi* , <.rv UndIer thefe two ftatutes, 42. Geo. 3. c. 80, and 43.^5^0.3. c. 153, together with ftat, 45. Geo. 3. c. 34. (I)) moft of chofe facilities to our commerce, which are needed in time of war, are attained. It only remains to veil in his ma- jefty the fame power with refpcft to countries in amity,, which he has, by ftat. 43. Geo. 3. wklv tefpeft 'to countries not in amity, anl thea the whole navigation f)'^em will be liable (a) Vid. ant, 320. (^) Ibid. ■i !•■ '* "Pf^ ■■ ■tir-',"? :^- •^ri*. t-^bri'io") > FBAM TUB P£ACB VM, TO A.V. IHM. F.nropean Tradt. . K SHIPPING AND NAVIGATION. to be fufpended, as often as it Ihall be deemed wife and expedient to excrcife the great difcrc- tionary power that (hall thus refide irt the crown. In feme inftances the council had thought it ex- pedient to take this liberty with the navigation fyftcm , jnd importations from Spain, then in a ftate of amity, had been allowed by order oi". council, and by licence from his majefty. Thisj irregularity was covered b^ an r ft of indemnity, ftat. 45. Geo. 3. c. 33. and the like excrcife of power has not fince been reforted to. The firft ufc made of the very cxtenfive au- osiers or cou*- I ' cil, I.icciicf*, thority referved to the crown by the laft fedions »"«* i^uuc^ q( ftat. 43. Geo. 3. was an intimation from the council, 1 Sept. 1803, to the commiffioners of the cuftoms, that they might admit to cnr y fomc Ihips which had arrived with cargoes from France aid Holland, and alfo any others which fliould arrive under fimilar circumftances ; informing them, at the fame time, that a meeting of their lordlhips was foon to be holden, when they would confider the point in queftion, and would make fuch order as fhould b** deemed neceflary, under ftat. 43. Geo. 3. for r 'mitting to entry cargoes imported under his majefty's licence, from coun* tries then at war with Great Britain. • - On 14 Sept. 1803, fuch order was made, al- I lowing the importation of certain enumerated ar- I ticks, contained in a lift annexed to the order, being neutral property, or the property of Britiih fubjefts, duly licenfed thereunto, from any port [or place belonging to anv kingdom or ftate not in Aa4 ■ amity n i'i n V-. ;'v- V, r .•.! y, ♦ woir ♦i'': THE LAW^rn»;iHHlf amity with his majcfty (whi»* *w>s then only ♦"rnp" ^^^"^c *"^ Holland,) in any neutral Jhip what- To A. D. 1866. ever i provided that this (hould not be cdnftrue^ to authorize i'uropeak TiMoe. a 'tifh. fubjedt to trade from any port or place, ocionging to any kingdom or ftate not in amity with his majefty, without licence for that purpofe, firft duly obtained. This order was to continue during hoftilitics. There was fub^ joined to the lift of goods permitted to be im- ported, a lift of goods permitted to be exported to France, .Flanders, and Holland, 'tit bolf: .u\< The permiffion to import from, and export to, the enemy's country, was not fufficient protc^lion to ihe merchants, unlefs they were alfo protefted in their paflage on the feas, from the cruifers who watch the enemy's port, and whofe employment it is, among other objedts, to prevent all traffick- ing with the enemy by Britifh fubjedts. The li- cence for each individual fhip, is its proper pro- tection againft the charge of illegality in fo trading, and the authority of cruifers to moleft it; but it was deemed proper to go further, and to proteft all (hips fo trading, even without a licence. Accordingly, on 29 June 1805, an inftruftion was ifllied to the courts of admiralty, and to the com- manders of (hips oi war and privateers, to that effed^. By this it was diredled, that neutral vcf- fcls, having on board the articles thereafter enl^ merated, and trading, directly or circuitoufly, bc- t%vecn the ports of the United Kingdom and the enemy's ports in Europe, not being blockaded, Ihall not be interrupted, on account of fuch ar- ticles V. ' 'f- cDming from an .nt .»« This order recites ♦^^ tions^ and leaves oi ing prcvioufly obtained ' SHIPPINO AKD NAVIGATION. ticles being the property of.Britifh fubjcAs, trad- ing wit^i. the enemy, without having obtained a fecial licence from the king for that purpofe. This inftruftion to proteft Ihips on the fcas, although they had no licence, was foon followed up by an order of council, i ^ Aug. 1805, allow- ing the importation and ''ntry of certain enume- rated articles, bf'np- -utral '>r Britidi property^' )rt in a neutral Ihip.' e- mentioned inftruc- m.r condition of hav- iice. The enumera- tion of articles in this oider agrees with that in th6 in(lru(^ions, which varied from that in the firft order. Spain, now become an enemy's country, is added to France and Holland. The enumera- tion of articles is as follows : ^ , - : , . -; From Holland— (xr^fw, (if importable accord- ing'to the provifions of the Corn Laws) salted provisions of all forts, (not being falted beef or pork) oak bark, fla.Vy flax-seed, clover, and Other seeds, madder roots, salted hides and skins, leather, rushes, hoops, sacchariim sa- iurni, barilla, smelts, yarn, saffron, butter, cheese, quills, clinkers, terrace, geneva, vi- negar, white lead, oil, turpentine, pitch, hemp, pottles, wainscot boards, raw materials, Mval stprcTj lace, and French cambrics, and lawns. From Fnnce-^^Graih, (as above) salted pro- !oisions of aU. forts (not being falted beef or pork,) seeds, saffron, rags, oak bark, turpentine, hides. TOA.D, I»0& ' Trade. I I' ■■ '( r IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ■so ~^™ IMH itt fM |22 £ I4£ 12.0 IM • 1 1.25,, .4 ,,.6 < — 6" ^ ^ ^ /: ^^. ^ i^^ ^ y RiolDgraphic Sciences Corporation 23 WIST MAIN STRKT WIBSTIR.N.Y. 14580 (716)872-4503 \ N? \\ 6^ •<^ 36» ■7a^^-;- #^>rv, T«B *"^l*._9^'.. /..^fiuu TQ A. 0. 1806. ■t nW^, limped c^kes^ tallow, Wj^tif %Av^^* (^ce^ French cambvigs and /az^iif, ir«f/iffei /and vi- «^ar. . . ,. ' _^^^^Z., From Spain-^CocAiw«;«i, barillayjr:uitj Ott cheUa weeii Spanish wool^ indigo, mdes^skmh sQhumdQ, liqiwr ice juice^ seeds ^ saffrpjiy silK sw^et almonds. Cast lie soap, raw fffaterials, oak bark, anniseed, wine, cork, bhck lead, naval stores, brmdiff ftn4 vin^^r(«,) ,^^^^^-, This oi'dcr of 15 Aug. 1805, was fuftlver cx-J tended by a minute of cpuncili of 10 Pec. 18.05^ diredting, that in the licences allQwing the impor- ution of goods from Spain, the aracles of Jey suits hark, jalap, sarsaparilla, tfillpw, coffer, balsams, and ipecacuanha, Ihould ^ iniintedj; and further, the lords fignified an opinlcn, that all articles kt (oith in any licence under lign nia- nual, ihould be admitted to entry, upon the fame terms and conditions, as if exprefTed in his m^- jefty's faid order in council of i^ Au|;. laft. By which it is meant, that all fuch ^ardclc^ lliall be *:■*■ V tj'* *tr* 4A ./.'2^/mffe'klr": (a) Befides thefe articles wliich are prote£ied, both by the order and the itiftra£tion, in their unportation, the following articles are protefked by the iaine in(lruAipn, in. their ^por- tation to Holland, France* and. Spain : Britub namfaiiurtst (not naval or military ftores) grocery » allum, amatia, cope, tocoot eallieots, eoppirast irugtt (not dyeing drugs) rhubarb, /ficist Sugar t P*pp*r» iobaeco» vitriol, tlepbant*t tee/b, pimentt, eimtamoMf Muimtgr, eanulian Jl^utt nankeens t E4ft Mia baits, tortt^0>tll, ilovtMt rid grte^ and jelltfut Utrib ;, eartbinaK^rit indigot (not exceeding five tons in one veflel,) nupoJkns, rm, zu^ prixt goods not prolubited to be exported. ,i^, ^ ^^^ "'' ■^■w r ■ ■ „. SHIPPING AN6 NAVICATION. / j6| de^nic^ J^ tak«h ' ^ be thereby addefi to the ^ J*^™^ lifts w the ortlet', and thtis to come Within the nou mi PEACE 1183 dtf^e^trng fc^fc^ of it. Stich ttihtQttatat and con* to a. d. iMMb ftru^iort of the order was notified to ^c board of ^^SS!^^ cuftoW 5^^^^^ l^Bsi^D^V'thefe orders and inftruftions for the ' >i; iffipohation ithd carrying of Certain enumerated ?/ , > " arti(rJ6 f{-6^ ccrtaih n&med places^ the lik« mei^f ' ; ' fifrM %crie kken for encouraging the trade of cef*' tain defcribe'd' artictes, without naming the place frc^ffi.W'h^hcife ttiey came* By an additional in- ftf*6Si<^ri t0 coihrtinders of Ihips and privateers, ,: 24'laife tfoSi they We not to detain neutral vel*' ' fcJsj'ort i(:t*6vbit of Acir having On board any <^fi'ff>iW«^ t*«\S> ,;ft'.VHK»Tv«?«(»»^h tV^'V«<^ (e.n'M, k'ii^^i'U:. ^ i ' ■'■*'■ {iy^fiw articles were added to the lift of exports, bjr a dl^eftlbt^ fWun/'ih^ lords of the treifury to the board of cuftoms. iSNbv. r8[66, to allow ^E^/*i//Vt ^09^ ^arehoufed, Bi-itHh ptintettibn j/kgar, and pimento, to be e)rportcd to »ny countries^ ' exdepiibg fuch as are iil ^miiy, in neutral veifeh of not lefs than 45 tons, for a time ndt M THK fVACI 1^83, ••ro^A. 0.1806, trade. '^"^^•^ «^«hiout deciding whether that colony ,|i^^Jje deenied a po^TefiiQQ .of. Frapce, hi^ ms^fty dt- clar«d his intmition, to grant licences- for Britiih lkipt» to igo froni the United kingdom tO| fuo^ fa- teign -ports and places in the Weib^lndics, .a$ m :^;r rnot, or Ihall not lac under theammcdiaitc donainjoa, • and in the aftual poffeflion of any of his |i;j^ajcfty's enemies J fuch (hips are to be laden with articles exprefled in the licence ; and they may bring , hack ' " . from fuch ports and places the prodoce thert^of, . dired to this kingdom, .fubjed to plantation du- ties. A trade was afterwards opened between ifome ^ , of the free ports, and St. Domingo by nume. By order in council 19 Nov. 1 8p6, his majcftyautho- * rifed the governors of the Bahamia Iflands, and tljc j Leeward Iflands (or the prefident of the council, i and the chief juftice, and collcftor of thtf .cuftoros | in Tortola, if deputed for that purpofe by ^the. go- vernor of the Leeward Iflands) to. grant liceocfs under their hand and feal, but in . his. jpajefty's I name, to Britilh veflcls to clear out from the port of , 'Road Harbour in Tortola, and from, the free ports [ in the Bahamas, with cargoes of tlie produce, or manufaflures of the United Kingdom, and fait ' from the Bahamas, to fuch ports or places in the ifland of St. Domingo, a& arc not under the domi- nion, and in the atSlual pofTefllon of any of his ma-J ' 'jelly 's enemies ; and to bring back from thence to the , faid free ports, or to feme port of the United King- rdom, the produce of St. Domingo, upon thefame| - duties and regulations as the produce of othtr fo- reignj .;V. ■ ■.'t '»• rROM TBS PKACI llK), TO A. D. 1800. iurapni Trdde. SHI^PIN^ AV& navigation* fcllfn'IffandiV p*oV!ilcd ho sugaf* is cafrfed tt>'St. pottiihigo, ndf my itep*belfi felthtfr to cff fkttti th'at ifl^d: fiith lifcfcrttfifis ifc tbtJt entcreddf rt- tdi^, and kh iccoiint of thtffft trarifmitted jo the Sccrttafy of Statfc for the colonisCl department. It Kras' alfo ordered, that commanders of (hips cJf war and privateers fliould fuffcr to pafs and re-. piCs, all fhips having fuch licences, and con- formihg to the regulations therein prefcribed; and fuch fliips, if brought in, are to be releafed by t!ie Court of Admiralty, upon proving their , *, Conformity. After fo much has been faid upon orders in Law OpinioM council, and upon .the occaiion of refort to thefc extraordinary remedies, the interruptions of war, I may properly fubjoin, in this place, three autho- [ rities in law, which arc applicable to the foregoing fubjVa, ind which are the only materials of this fort' that I have been able to find, relating to the $ur6peaa Trade. Une)ER ftat. 39. Geo. 3. c. 112. continued by I'ffat. 41. Geo, 3. c. 19. an order of council had Ibeen made allowing the importation of naval ftores in neutral fhips, until fix weeks after the com- mencement of the next fcfiion of parliament, jbeing the whole period allowed by the ad. Se- veral Britilh ftiip owners, intereftcd in the Baltic trade, petitioned to have the time of this permif- fion fhortenedi but the law officers (a) were of opinion, that the permiflion might have been granted for anj^ limited portion of the period, or ■I^:-- for '>•* ^ M W: h- I i ■ (■■ .( (a) Sir J. NichoU, Sir E. Law, and Mr. Perccyal. 3^ ■ .-.-UV ^«*'''^.^^.*1«iH^ Y^^-t^j faring Mihpfe of iii, ^^t9Pj^^^c^.h^mfi' ''wSB* pt^u^t QC,chbf«» ^ho may,, iix various waj^s,i {ifvn, oontra^jcd, and formed their arrangcpei)^, ^4^ the £iUh of m cononuancc^ to the cRj^of .^fijire^ limited. oV .i;.j.4 In order that the authority exercifcd by the , king to difpenfe with the law of the land» which forbids trading with the cnemyi migHt^ be put on principles of law, it was referred by the lords of the council, to the law officers, to conHder and report, whether his majcfty by his order in council, or by any other, and wliat means, could delegate > the power of granting licences authorifing any Bri- tifh fubjefts to trade with the enemy i and they dc- -j . ■ qlared that granting licences to trade with the enemy, is a high ad of royal prerogative, and *^/ -■ • they could not hazard an opinion (a) that his j; ' majefty Ihould be advifed to- delegate it, unlefsj y ' 5 : fuch aft of delegation fhould be fancbioned by par- " ^ ■ '/. ' liament j nor did they mean to imply any opinion, : ' S , v;, that without great confideration fuch parliament- ' r> :ary fandbion fhould be granted. , ,- V 1 The great point which prevails in moft of the j f . ' proceedings juft related, that Britifli merchants arc VI: t not at liberty to trade with the enemy, without the \ f.,.,v.j>- king's licence, and that all property taken in fuch ' , • f ^J^>: a trade is confi^^ as prize to tiie captors, was ■''•'■^^-^■^:\t, \: iblcmnly (a) Sir J. Nicholl, Mr. Perceval, Sir T. ManDen SQtton,| 10 if ., «^Apr. IQ« 1804 ■'■ 'tri.""'- m J * 1: ■■ ■{' "ir '■'\ ""V. ■'V; XiQ^. :^::^' '•r/..» • 'W<> »HlV?lK(^.TKiO» ilAVfOATION. j6^ (bl&fkft)fy^^ Hrttfei^kfly "ftgiuted, and 8t length- pahtib.^ wW^aBAliftitdef i Abirfoii of die Cdurt oT A**- ^nJt« Aifalf^ iii' dii iiAfir otthtHo^p (hip r (« )' and' the t"!*?dA& j^liiijf' was aftcrwaitis Vecdgnifed' by two de-^. ^SEJ^ jcilrahs Mt'idomnfoiA' law/ one iii the Court of CiJitiiiibh Pleasi thi Othbr in the Court of KtAg's Bench. (^) Juial I^:;lf^^.l[«>K•K«l^ -vol. 1.197. 'n^qliY. o.r^aU no )in^(^;.Twn.Rei..voL8. 548. ; jjo^ , brii. .isbflfio^'t/r ,- ■ "ha ^•nii^niiv.i:^M;t^-'-:-i^>4'-, y. '•'''£-- ' ' .W^.^iS ' . '," '-■:''•■ '»■> 1:1: ^anoen Sattooi I'i'-'-: ■•"''chap. ■ »v~ 37^ THt lAW or y CHAPTER IV. THE COASTING TRAPJl. i . A N important alteration was made refpe^ing .1. r^. FART III. the navigation of the coafting trade, during w"" "aoe. ^^*^ period, in ftat. 34. Geo, 3. c. 68, which is Chatting Trade, extended to Itifh (hips by ftat. 42. Geo. 3. c. 61. .j By ftat. 34. Geo. 3. no goods, wares, or mer- chandize, (hall be carried from any portj mem- ber, or creek, or place of Great Britain, or of thpl iflands of Guernfey, Jerfey, Alderney, Sark, or Man, to any other port, member, creek, or place] of the fame, or of any of them, in any Ihip or veffel, nor Ihall any ftiip or veflel be permitted tO fail in ballaft from one of the faid ports or creeks | to another, unlefs fuch ihip or veflel fliall refpcc- tively be wholly and folely manned with, and na-| vigated by, a mafter and mariners all Britiih| The late laws made to prevent fmiigglihg doj] in fome mcafure, affcd: this trade, but they are not] properly within the limits of the prefent work. t ,^ ■■- .' ^ ■(, :d'a '■ CHAP.I ; / •<' SHIPPING AND NAVIGATION. J7« / • -.w CriAiPTER V. A). FI$tl£RI£S. ' 3^f^-,--^ -»*? ^'i'h €0. 3. C. 61. res, or mcr- port,** mem- in, or of th^l ey, Sark, or I eck, or placci any ftiip or I permitted to I trts or crecbl (hall refpcc ith, and na«] aU Britiihl luggling do,| It they arc not] lent work. Tke'Mi^JounMrfi'Pisi^^^^^^ Greenland , . , ; jI / Fishery^The Southern JVhale Fishery-^The , : ,' J V British Fisheries — The Herring Fishery-^ '^:^] "' .' " The Deep Sea Fishery^—Law Opinion, n'lp'fTf '' '"ho'^ vi^m' '^'A\, (yysvr CHAP. THE extending and improving of the Fifheries , occupied a confiderable portion of that at- it^pn which has lately been beftowed on the lipping and navigation of the country. The re- ions for conduding thefe in a great meafure, the bounties for their encouragement alto- Ither, depended upon Certain temporary laws, fhich were near expiring in the twenty-fixth year )f his majefty's reign. Thus, the bounties granted jyftat. 15. Geo. 3. c. 31. for the Newfoundland 'ilijcry were to expire on i January 1787. The lunties given by ftat. 11. Geo. 3. c. 38. for the Ireenland Fifliery were to expire on 25 Decem- :r 1786. The bounties given by ftat. 15. Geo. 3. 31. and ftat. 16. Geo. 3. c 47. for the Southern ihalc fifliery Were to expire i January 1787. The lunties given by ftat. 1 1. Geo. 3. c. 31. and ftat. PART III. FROM IHE FEACE 1783, TO A. D. 18U6. FUhcirits, MA I B b 2 . <■ •1 % 1 w r !■'.! I If 4)1 ni I 1 1 ,/ THE LAW^ Of'*l''^''t»Uj » ,, 19. Geo. ^. c. 26. for the Brttifli white herring ^^1*'*' mj '^^^'"y» wc''^ fo expire with the clofe of the fcflion TO A. D. iwfl. of parliament nej^t after 22 Oflober 1785. It be. t'lfimcs. ^jj^^ immediately neceffary to confider thc^policy to be obfcrved refpeifting thcfe objefts of trade and navigation. The refult of this conflderation wa.;, that bills were brought into parliament and paffcd into laws, in the twcnty-fixth year <^ the king, for granting new bounties, and making new regula. tions for carrying on thcfc filheries with every pof- fible advantage to the nation. We ihall now take a view of thefe a6ts, and the genera] fcope of| them, without entering too far into their detail. ;^ ' . . The firft is c. 26. for the Newfoundland fifheryJ • ^ the next is c. 41. for the Greenland fifheryi c. 50. V, ' for the Southern whale fifliery; and c. 81. for the | Briti(h fUhcries, v ;, - ■;' TheVew'«nd- Thb bounties granted bf c,"w, fltffc Tor ten * "^' years, for vefiels employed in the BritifK filheryl , .s on the banks of Newfoundland. They arc to be Britifli-built, and whoUy owned by his majefty'sl fubjefts refiding in Great- Britain, I^reland, Guem-I fey, Jerfcy, or Man, navigated witA a mafter andl ' three-fourths of the mariners of the (ame dcfcrip-l ' "* tion. They are alfo to be qualified and fubjeft tol * the regulations of ftat. 10. & 11. fVilt. 3. c. 25J and they are to clear out from fome port in Grcatj : '• ' "•• Britain, Guernfey, Jerfcy, or Alderriey, after i Ja ' '" "■" > nuary in every year, and proceed to the banks oJ Newfoundland ; and having catched there a cargd of not lefs than ten thoufand filh, they are Co lantj them at one of the pores on the north> eaft, or io^i , ' '■'^'^'^- ;':i.y . fid "^}>.' ^ fiJe of the ifland, between Cape St. John and Cape t^*T '^ RayC) on or before 1 5 July, and then make one »"»< > •» more trip at lead to the banks, and return with to'l^l. lapj. another cargo of fi(h, catched there, to the fame "**''''»• port. The one hundred fhips which (hall Hrft do this are, if navigated with not lefs than twelve men, to be intitled to 40I. cachj if with lefs than , » \ twelve, but not lefs than feven men, 25I. each: ^ -..^' provided, tliat if in cither of thofe cafes the vcffel .' : ^i ; is wholly navigated by men going out upon fhares, ^ that is, receiving a certain Ihare of the profits of ,1 the voyage in Jieu of wages, fuch veffel Ihall in :- the firft cafe be intitled to 50I. and in the latter cife to 35I. Again, the next one hundred vef- fels fo arriving are in the firft cafe to have 25I. each, in the latter cafe 18I. each; and fuch jt them as are wholly navigated by men going out upon (hares (hall in the firft cafe be intitled to 35I. and in the latter cafe to 21I. In order to prevent frauds, a certificate is to be exhibited to the coUedbor .of the cuftoms before he pays the bounty, from the governor of Newfound- land, that all the requifites were there complied with *. The fanftion of oaths by the mailer and ♦ sect. 1. I mate is required to certain faftst- Provifion is tsc«.i.4.7. jipade for preventing the dcfertion bf feamenj, jsect.w, i3, and the felling of boats, vefTcls, or tackle, for the lilhery to foreigners §. Powers arc given to his ^sect.u, 15. I majefty 's officers on that ftation to feizc veflTels |I . 11 Seci, 'X, 21 Again,- by ftat. 29. Geo. 3. c. ^2- it was de- rived, that no fiih taken or caught by any of his bftjefty's fubjefts or other perfons arriving atNew- B-b 3 found- ^ • • V • .. .' . ' ■yi- m ji- • i \ ■ pARTtn.^ fouhdiaiKi, jr its dcpchdefttifesy or o» the banks mk TH E thcrcofi except from Great Bri tain, or one of the Brf*i TO V. b. 1806. ti(H dominions in Europe^ fhovld belajoded or dried Ftihmei: q,, ||,j^ ifl^^^ ^ ^jj|j ^ faying of thc TightPgrantcd by- treaty to the French king (a): a prorifion that j " was occafioned by perfons from tht Ber(mida| IQands having lately aimed at poficfiing them^i felves of a Iharc in the filheryj o -. , (^ ,.a'4.^ J .:^^ .3/ 1 . The adt 26. Geo. 3. exipired, btrc was Tevivcd | il/':'^^.v,\4 and continued by ftat. 37. Geo. 3. c. 99. for two] years. It was kept up by fhort continuances, un^ dcr ftat. 39. Geo. 3. c. 102. ftat. 39. & 40. Geo. 3. 1 ,^ . . c. 45. and ftat. 41. Geo, 3. ftat. 2. c. 97. it ex^ ^ ■ pired i Jan. 1803, and has not fincc been conwj \:''y f .. tinued. jv,.:,v... : i.^ In a time of fcarcity, falted and plckltd fid^ mon,' and falted dry cod fifh were allowed to be imported, and on a bounty, from Newfoundland -' ' ; into this kingdom by a temporary afti -ftat. 411 \ Geo» 3. ftat. 2. c. 77, which liberty was continued by ftat. 42. G60. 3. c. ao. to 24 June 1808. and the bounty Was by ftat. 43. Geo. 3. c. 154. re^ vived and continued to i May 1804. The liberty I to import, and a bounty on fuch importation of I , , ; three (hillings per quintal was again given by ftat.f . f 46. Geo. 3. c. 103. to continue to i Aug. 1807,1 . This bounty was granted as an indemnity to thel merchant, who, during hoftilities in Italy, was! 1/ driven to. making this kingdpm an entrepot,] (a) By flat. iS. Geo. 3. c. 35. his majefty is empoweredl to make regulations for more peaceably carrying on tl)eFrencli| Filhcry. .'iimi^'.-i ' ' '. y.- : »,i» SHIPPING AND NAVIGATION. 371 PART UI. FftOM THt. "^ . ptACE ns3, , • TO*.;D. IBiHJ. - ^ Fuheriit. .f MV;^ ;:^' - »^»<-; ■'?C' ^ -^. 3i.. I before he proceeded to the foreign market in the Mediterranean. By flat. 43. Geo. 3. c. 68. fc£bi39.oil and blub- ber of iifti caught at Newfoundland by fubjefts re- fiding there> is admitted on the fame duty, as if lit was of Britiih fiihing; this was for a limited tiioe, and is continued by flat. 44. Geo, 3. c. 35. ftat. 45. Geo. 3. c. 80. and ftat. 46, Geo. 3. c. 29. 11025' Mar. i8d8. x The bounties in the Greenland Fifhery, granted JJhe^r"'""* Ibyc. 41. are for five years; they are for Britiih , * Uips, owned by Britiih fubje£ts ufually refiding iiv Great Britain, Guernfey, Jerfey, or Man, which proceed from thofe places on the whale fifhery to the Greenland Seas or Davis*s Streights, or to the feas adjacent, manned and navigated with a mafler and three-fourths at leaft of the mariners Bii^lh fubjedts, ufually refiding in Great Britain, llreland* or Guernfey, Jerfey, or Man. Such (hip, ma ihe has been vifited and admeafured by the [officer of the port, and it fhall appear upon infpec- Ition and examination upon oath of certain perfons, lind it fhall be certified by fuch officer, that fhc lb properly furnifhed with tackle and equipment Ifor the whale fifhery, according to the requifites lof the aft, and means to proceed thither, and en- Idcavour to take whales, or other creatures living |in the feas, and on no other defign or view of profit in the voyage, and to import the whale-fins, oil, and blubber thereof, into Great Britain, fpe- jcifying the port, and fhall give bor^d for fo doing ; liipon there terms fuch fhip may have a licence B b4 ' from '^\ :■] ■■i ■■i#^> ... *v\.'. %t^l^' triE^LAWOF ^^li^'^-' l»ARTni. fHACK iao6, TO A. D. 1806. ♦ Sect. J. .?r.-;«*rf? f •-f^. f Sect. 3. X Sect. 4. ) Sect. 8. \ Sect. 9. V Sect. lO. from the Gommiflioners of the cuftoma to proceed on fuch voyage*} and upon the return of fuch Ihip, and her cbnditiori being reported by the officer of the port, and oath made by the rtaftcr 9S to the performarice of the voyage, and that all the whale-fins, oil, and blubber, imported Were 'really and bond Jide caught and taken itt thoic (eas by the Crew of fuch fhip, or witji the afliftance of fome other fhip licenfcd for that voyage, there is to be paid by the commiftioners of the tuf- toms a bounty of thirty Ihillings j)er ton of fuch ■lhip't/^^r^'"'^-'^%--Kr't^t-w' /^'^i^^^b. anift-Y^'tii ^'^ Such ihip miift fail on her voyage on or before JO April, and continue in thofe Teas diligently endeavouring to catch whales or other creatures, and/ not depart before lo Auguft, unlefs laden with a certain quantity of oil, blubber, or\irhalV fins,, unlefs they (hall be compelled, by fome uii- avoidable accident, to depart J. Ships of more than four hundred tons, already employed in the fifhery, might continue to be rated as of four hun- dred tons, and not more. All Ihips coming into| the fifhery after 15 December 1786, and being more than three hundred tons, fhall not receive a I bounty for more than three hundred tons § ; and I fuch fhips rcfpeftively are not to equip and man | for more than f9ur hundred or three hundred! tonsil. ■ 1^ V ■:u:i on If a log-book has not been conflrantiy kept board, no bounty will be allowed f. The log- book muft be produced to the captains of his I majefty's fhips of war with which they may chance - , , to ■a"*V v^.- W- \« «c>: PART m. MACK 1193, SHIPPlNa ANpNAVlOATIOIf. ' , Provision was made, that fliips owned by the ■io*1i!'n/iSj6. king's fubjefts rcfiding In Ireland, and fitting out , 8^01?* J-odi thence, fhould, on complying with die con- ditions of this ad, be intitlcd,to thcfe bounties f. ts ~ iarthetj. Tfee commiflioner* of the cuftoms are uscct.is. ahnuaUy to lay before parliament an account of the (hips cmployedf . -v^^^i^" f'%^s/n ^-'-^'.^-^ :-^ ■;> ' ^^**^*' It appearing not neceflary to keep iliips in the Greenland feas fo long, it was cnaded by ftat 2^. 6^co. 3. c. 53. that they Ihould have the bounty although they left thofe feas before the loth Au- guft, and were not laden with the quantity of whale-fins and of oil and bbbbet required by , ftat. 46. Geo. 3. c. 41. f. 4. provided they did not depart from thence till the expiration of fixteen weeks from the time of failing from the port from whence they cleared out**. A penalty of 50/. is, **Scct.t. by the fanie adt, impofed on matters who wilfully difrtiifs their apprentices before the expiration of the time for which they were indentured ff* By ttsect.s.e,-:. ftat. 2g, Geo. 2' c- S3' ^^^ ^^^' 3*^' ^^^' 3- c 43. thcfe bounties were further continued, and by ; .* .; ftat. 33. Qeo. 3. c. 22. to 25^ Dec. 1798, during the fir(l three years at twenty-five Ihillings, during the •♦:,f| ''j \ 1; ■in h ■• '■- .. ii j.S il ■■ !, Ul 11 -y M Ac fccond three years at twenty MWingji per ton j and feveral regulations for the detail of the filhery wtrc made at the fame time. .^^^ fi-rV^^^i^fi^v^jt' •" "^ Further, by this aft a doubt was removed, by declaring that Britifh Ihips might import blab- ber, oil, and other produce of the Greenland Filhery, duty free, although not fitted out under the regulations that intitle to the bounty given by ftat. 26. Geo. 3. c. 41. The three "Hatutcs, 26. 29. and 32. Geo. 3. were kept on foot by fliort continuances under ftat. 38. Geo, 3, c, 35. ftat. 39. Geo. 3. c. loi. ftat. 39. and 40. Geo. 3. c. 45. ftat. 41. Geo. 2' c. 97. ftat. 42. Geo. 3. c. 22. ftat. 44. Geo. 3. c. 35. and ftat. 46. Geo. 3. c. 29. .which laft continued them to 25 Dec. 1808. By 'ftat. 39. and 40. Geo. 3. c. 51. the Green- land trade was gready aftifted, by direding that the duty ftiould be taken on the oil, and not on the blubber before it was boiled ; in which cir* cumftance the Southern whalers, who always boil their blubber during the voyage, had before art advantage ov*r the Greenland Filhery. This eafe- ment has been continued in the new Confolidation Aft, for laying duties, ftat. 43. Geo. 3. c* 68. feft. 40. This filhery was again accommodated by ftat. 34. Geo. 3. c. 22. which allowed them to complete their complement of men, not exceeding three men to every fifty tons, in the Forth of Clyde, or in Lough Ryan, or in Lerwick in the Ifle of Shetland, or in Kirkwall in the Orkneys. This indulgence expired with the war. It was afterwards renewed to them for one feafon, by nic'iia ftat. t , .' t • ' ■» ,li . ^ * 1 >■ " J II :^(l ■I. iper ton ; the fifhcry jrcmoved, port blub' Greenland out under jnty given atutes, a6. lot by Ihort }5. ftat.39. ).3' <^-45- , 3. c. 22. 0, 3. c. 29. 1808. ;'n"i^ the Grctn- refting that and not on which cir- always boil before art This cafe- lonfolidation 0. 3. Ci 68. [ommodated ed them to ,t exceeding ic Forth of Iwick in the iC Orkneys, ir. It was feafon, by flat. ♦ Scot. 2^ SHIFPINO AMD NAVrOATION. 379 ftat. 42, Oco.,3. c. 22. whh refpcft to the Ifle o^ partjii.^ Shetland only. In ftat. 43. Geo, 3. c. 32. in nou-nt ftat. 44. Geo. 3. c. 23. and ftat. 45. Geo. 3. c. 9. v6k.o. iaoc it was continued for thofe refpcftivc feafons, to f'*^'^*' , the fame extent as in ftat. 34. Geo. 3. j and by , v » ftat. 46^ G^fit^ J. c. 9. it is cominued during the war* '■ '-'■.■" '^":''''^^r i'- .■'^' \:^v.v. " '"rt"^ °'*i;" V\''!f>fA^''?. The next is the Southern Whale i^wAery. TheSouthcm •^ Whal« Fuhery, Premiums w PEACE 1789, TOA.D. 180H. Fithariet. * Sect, t 'f'/f . '■ (■■ - ■■■'■-; "■•*,! ■<_;. ■^- ■-"'.• ;V f i',,. \ * '/' ■■,» Various ieguVations are cdntained In this aft for attaining the obje^ deflgned, and preventing frauds. E^ch (hip is to have on board, for every fifty ton, an apprentice indentured for three years : there is ^a penalty of 50I. on a mafter permitting his apprentice to quit his fervice, before the expi- ration of the term J. A log-book is to he regu- t Sect. 8, 9. larly kept and produced to the colleftor of the ci^oms at the returi) home, and verified on oath ; and *#■: :',! '}■ VRAM -niE riwAtE 17S3. TOA.D. 1806; Fitlteria, • Sect. 11, 12. f Sect. 13. X Sect. 14. % Sect. 32. II S«ct. 33. ♦♦ Sect. 15. ■H- Sect. 29. 4J Sect. 34. i '■' .-"V"'' '^ THE LAW Op->t^<>>H^ ahd is likewife to be produced to the captain of airy of his majefty's fliips with which they m4y happen to fall in*. The mailer, mate, and two of the mariners, are to make oath, that the oil and head-matter are the produce of their own fifhingf. A penalty of 500I. is incurred if the cargo is made up from the HQiing of any other crew J. If oil or head-matter is mixed with water to increafe the quantity, the whole is forfeited and the premium loft§. The quantities are to be af- certlained by an officer of the cuftoms ||. ^'^^^ '^'^ -' ^ Any produce of the fifhing in the going out or returning home, although not taken within the prc- fcribed latitudes, may be reckoned towards the re- quifite quantity **. If a Ihip makes two voyagds within any of the periods, llie \i to have only one premium ft* Harpooners,' line managers, and boat-fteerers, are privileged from being im- prefled ii. '•**■''' i-'"*'*^' ,'",•' '?»*■■ wjrt'->!9*>j4t| ''>j«>iW ■ u> .>.i-i!Duiq As thefe voyages would carry fhips within the' limits of the charters granted to the Eaft-India and South-Sea Companies, fome fpecial proviiion was neceflary to qualify them to make this incroach- mcnt. It was accordingly ena<5ted, that they might go to the eaftward of the Cape of»Good Hope, and to the weft ward of Cape Horn, or through the Streights of Magellan, in order to carry on the Southern whale fifliery, provided thofe laifing to the eaftward of the Cape of Good Hope did not pafs to the northward of the equator, nor make more than fifty-one degrees eaft longitude from .♦^ ..- * ^z..,..^ A: vvi,:>.^.i t;^^;-, ..J ■-■^•■r^K-^ ^,r ■ Loftdon; .•..■^ FK9M THI riACB 1783, . Fuhtt'ml'^' * Sect. 18, \% ^'X 'I*'' Sect. 22. * SHIP1>IN0 AND NAVIGATION. London { and thofe pafling to the weftward of €gpe Horn, or through the Streights of Ma- gellan, did not, either to the northward or fouth- ward of the equator, make more than one hun- dred and eighty degrees weft longitude from Lon- don*. ' Such (hips were alfo to take a licence from the Eafl India Ccgmpany; but the Company were not obliged to ^rant it to more than ten ihips in one year, if it was for palTing to the eaftward of the Cape of Good Hope; and this, under certain conditions calculated to guard againft illicit trade f. t sect. 20, Thofe who exceeded thefe limits were liable to the penalty attending the infringement of the Com- pany's trade J. When fhips return from a voyage to the caftward of the Cape of Good Hope, they muft bring a certificate from the officer of the port, teftifying there are no goods on board the produce of thofe places, but only oil, head-matter, or. bone of whales, or iiih, othjsrwife they will not be intitled to die premium §. >v5^>-rsb ;v;-r {^ '3^ The Eaft-India Company are hot obliged to ^ grant any licence to fail within the limits of their trade round the Cape of Good Hope, until the owners have given bond in the penalty of 2000I. for fuch fhip not taking on board goods the pro- duce or manufafture of the Eaft Indies, or other places between the Cape of Good Hope and the I Streights of Magellan, to the value of lool. ex- cept fuch as are ncceflkry for their voyage H. Do- H set*- 21. bgany thing in breach of this aft, (hall difable a |lhip from being entitled to any licence in future**. Power 5i/v /. ):t' 5Seqt.2J, ♦* Sect. 23, '/' i; •f .■0- . J- THl LAW Of ^^ pQWCr was given to the governor of St. Helena, "*"* 1% ^^* commanders of the Company'? fhips, or agents ro *. p. i»yi thereto authorifed by the Company, to fcarch li- * Sect. 34. « Sect. 26. vF- ■y. -K ^:>«i.. :S?ct.S7,28. I Sect. 1i&, 37, 4 cenfed fhip$ for Eafl: India goods* Those failing* within the limits of the South Sea u .Company's charter, as defcribed in flat. 9. Ann. q. 21. are to have a licence from that company f. V Ships doubling the Cape of Good Hope, or Cape Horn, or paffing through the Streights of Magellan, and not being lefs than two hundred ti^^s burthen, may be armed for refiftance and de- fence, on a licence being obtained from the Admi- ralty; which licence is to be granted on exhibiting a certificate from the commiflioners of the cuftoms, teftifying that fuch (hip is entered out for fuch voy- age, and that the owner has entered into botid in a penalty of loool. with condition that fuch arms (ball be ufed only for refidance and defence i|i cafes of involuntary hoftility J. Lastly, temptations were held out to invite foreigners to come and fettle here* and carry on the Southern whale filhery from this country §. An explanation of this aft, as to the payment of the premiums was made by flat. 37. Geo, 3. c. 121. In the following year, the premiums were con- tinued by flat. 38. Geo. 3. c. 57, upon the terms and under the rules and regulations of the former aft i but they were to be difpofed in a different manner. The firll clafs of premiums was for three years ; thus four fhips failing to the fouth- ward 6f the equator, .and returning before i De- ^mber in die fQllowingyear, were. to have 300I. \ " • ^'-l-- each, ■' ' . / . - f » ' "' ' • ' -■ " ): ■■.!■ '-■>. I SHI^PINQ AND NAVIOATION. each, on Brit arriving with the grea^eft quantity of produce t the four next aool. and the four next lool. Four ihips failing to the fouthward of 2^ degrees of fouth latitude, and not returning till after the expiration of 14 months, but before J I December in the fecond year after clearing out, were to have 400I. on arriving with the greateft quantity of produce. Th£ fecond clafs of premiums was (br feven years. Of ten ihips doubling Cape Horn, or paflTing through t^e Streights of Magellan, and carrying on the fifhery four months to the wcil- ward of Cape Horn; or doubling the Cape of Good Hope, and carrying on the iiihery* for four months to the eailward of 105 degrees eait longi- tude from London, and not returning to Great Bri- tain till after 16 calendar months from clearing out, but before 3 1 Dec. in the iecond year, any one that (hall arrive with the greateil quantity of produce, is to have 600I. ; the nine ihips that arrive with the next greateil quantity are to have each 500I. The limits for iiihing within the' boundaries of ti)e two chartered companies were extended. Ships, that go to the eailward of the Cape of Good Hope, may pafs beyond 51 degrees of eail longitude from Londoni but having paiTed that longitude, are not to go to th^ northward of 15 degrees of fouthern latitude, until they have failed to the eailward of 180 degrees of eail longitude*. Ships paiTing to ♦stct. 5 the weilward of Cape Horn, or through the I Streights of Magellan, may pafs beyond 180 degrees of wcil longitude from London; but - .,^r '•:.:: -^'■■'^'■■^^'^ -'"'C c ■ ** " 7 they • V"- 3»s' ■' ' PART UI. ' ^ i riiAM iHk f 1 • riAcr nH3, 1 1 TOA.D. ItiOd, 1 Fuheriei. ■> i I ■' • ■ 1 ■ '1 * ; , 1 ' , ■ . •'•■ ■ '■■* ' j »* 1 , « ' ' I ' . ' ' . ' 'if : t 1 ■ ■ . i ! • ■■' 1 I ' r ' : ! ■^ 1 '■■'• ' ■' 1 ' \ ■ : 1 i , '1 ' . • ' .•:U!i ' •* \ V ,m ' , ' ^ n 1 « , ■ J r .!' . 'i: I'-l'; ■'! '' ' 1 ' i'Ai ( ' 1 ' i' II ill Sfct. 5. IJ i r 1' ^'11 ' r 1 1 ^ '1 H ■ ' ill 1 ' ^1 K (i * i 1 .:: ■. 1 . '■^ ' 111 1 4 M ■; • . ' ^ ' iil^f ' '' '"■■'^ ^- ■-■ ,.-; ■ M I'l '.-."'''"^i- ■-' 386 PART III. MoM TMi ftAOt I'm Fitkirifi. / THE LAW or they are not to go to the northward of 15 de^ grecs fouth latitude, after they have paflcd 180 degrees of weftern longitude, until they come within 51 degrees of eaft longitude from London. Therk is in this a£t » Hmilar invitation to that In ftat. ^^, Geo, 3. to induce foreign Bfliernnen to fettle within a limlted'time at Milford Haven, coming with foreign ihips built within a certain period, which period is contracted ftil| fbrther by flat. 42. 6r€0. 3. c. 4. , '^ 0' ai; By ftat. 4a. Geo. 3. c, 18. the prf .»?iun>s *.i iic firft clafs of ilat. 38, Geo, 3. c. ^';', v 't »n«nued for four years mol-e, fo th^t Jicv .-r -jircd with thofc in the fecond clafs of ftaf. 38. i*eo. 3. In order to extend the limits of the fifhery, Hiips fkiling tq the eaftward of the Cape of Good Hope, and hav- ing pafTed beyond 123 degrees of eaft longitude from London, arc 'permitted to fkil to the north- yfurd, as far as one degree of northern latitude, but no further to the northward, until thf y have failed to the eaftward of 180 degrees of eaft lon- gitude from London. To make this filhery more free, it was enafted by ftat. 42; Geo. 3. c. 77. that any Britifh-built Ihip may carry on the fifhcry from Cape Horn to 183 degrees of weft longitude from London, and trade there, without any licence from the Eaft-lndia, or , South Sea Company, The limits aliovcu inthefe fwoa6kscr38 Gto.^- and 42. (tCi f vtr- further enlarged by ftat. 43. Geo. 3. c. 90. Thofe pafling the Cape of Good Hope, and having paflcd 51 degrees of eaft lon- , _ gitudc ie* of 15 dc^ laiTcd 180 hey come I London, ion to that fifhcrmcn 3rd Haven, i a certain ^ fbrthcr by ,?;-f hi iur\«s 4a lie ■e f v^ntinued d with thofe , In order ps (kiting to pc, and hav- ft longitude » the north- ;rn latitude, il thf y have of eaft lon- was cnafted ifli-built (hip ^orn to 183 )n, and trade all-India, or ■ i^f. ■■ 1 by ftat. 43' ape of Good of eaft lon- gitude PE.xv» 17S;J, 10 A.O. 1IW« : SHIPPING AND NAVIGATION. . . glcude may go ro the northward as far as 10 deg. of fquthern latitude, and when they have paflTed to theeaftward of 115 drg- of eaft longitude, they may go as far as lo one degree of northern latitude i but no further ' o the northward till they have paflcd to 1 80 deg. of eaft longitude: thofc pafTing to the weftwardof Cape Horn, or through the Strcights of Magcdlan, and having paflcd 1 80 deg. of wef- tcrn longitude, may go at fiir as 10 deg. of northern latitude } but not further, until they have pafled within 51 degrees of eaftcrn longitude. ? f^-- The premiums granted by ftat. 38. Geo. 3. c. jy. & ftat. 42. Geo. 3, c. 18. being foon.to ex* • pire, they were further continued by ftat. 45. Geo. 3, c. 96. for three years, to ftiips lailing in \^ ' tbe year 1806, 1807, and 1808, but wit i fome |litde variation { for the premium of 300I. to (hips [failing to the fouthward of the equator, is ^iven equally to eight (hips. The other premiums ar > not varied from thofe in the former adls ; namely, a premium of 400I. is given to four (hips failing to ^ the fouthward of 2^ degrees of fouthern latitude { a premium of 6cx>l. to the firft of ten (hips doubli ig Cape Horn, or pa(rmg through the Streights of Magellan, or doubling the Cape of Good Hopt ; ind 5Q0I. to nine others. The benefit of thefe premiums and of ftat. 35. Geo. 3. Sc 38. 6' to. 3. arc extended to (hips which (hall clear out and Irtturn to any port o( Ireland *. There is a pro- * s«ct. 6 Itedion to apprentices, who have not completed liwo voyages, and whofc age (hall not exceed 21 ti I I I years, i ... . C c 2 The ■/• ■ * 388 THB LAW OF "^^nv?; )',!■ . .» PART ni. PROM TRE TKACB 1783, - TO A. b. 1S06. Fuher'wi. The British Fiihtrici. * Sect. 1. + Sect. 2. J Stet. 5. Sect, I, «. The laft aft made in 26th year of the king re- fpcfting the filherics, is c. 81. for the encourage- ment of the Britifh fiflicries. In the former fef- fions, by ftat. 2$. Geo, j. c. 65. the bounty given by the former afts of 1 1. Gea. 3. and 19. Geo. 3. was extended to veffels and buffes above eighty tons burthen ♦ ; and the regulations in thofe afts compelling the bufies to rendezvous at certain times and places were repealed f. This aft ex- tends the bounty, upon certain conditions, even to thofe under twenty tons J. But the old bounties pow expiringj, it was enafted by ftat. 26. Geo. 3. c. 8 1, that from r June 1787, fw the term of feven years, and from thence to the end of the • then next feffion of parliament, a bounty of twenty fhillings per ton fhould be paid annually to the owner of every decked veffcl built in Great Bri- tain after i Jan. 1780, of not lefs than fifteen tonsi burthen, manned and navigated according to law, which (hall be fitted and cleared out for and em- ployed in the Britiih ivhite herring Jitthery §. The manner in which thel^ veffels are to be equipped and proceed in their voyage, with the manner of making up their cargo, compofe a very long detail not neceflary to be here re- The aft gives likewife fcveral other bounties ; namely, four fhillings per barrel for herrings packed and completely cured, and landed from any bufs intitled to the twenty fhillings bounty per ton i or if a greater proportion than two barrels and a half to a ton is io landed, then one fhilling v-^.^ ■» * -i> FKOM THE rEACE 1783, TO A.D. 1806. Fisheries. SHIPPING AND NAVIGATION. per barrel *. Alfo a bounty of one fliilling per barrel for all fuch herrings landed from boats not intitled, to the twenty fhlllings bounty f. It gives alfo additional encouragement to t/ie Deep Sea Fishery on the north and north-eaft J^^ J**p s** coafts of this kingdom J namely, for the greateft *seet.8,9. quantity of herrings caught by the crew of a bufs t sect. ii. intitled to the above bounties of twenty (hillings per ton> and four fhillings and one (hilling per . barrel, and brought in by fuch bufs between I June and 3 1 Nov. the premium of eighty gui- . neas j for the next greateft quantity, 'fixty j, the next, forty J and the next, twertty guineas J. jSect. f*. All duties in refped of herrings, cod, ling, hake, and falmon, or other white fi(h caught and cured by Briti(h fubjeds, and removed for home confumption, were to cfafe, excepting the equa- lizing duties paid on the importation from Scot- ' land into England of falmon, cod, ling, hake, tu(k, and other white (i(h §. The diftindtion with re- § sect. 15. gard to the bounty made by ftat. 5. Geo, i. c. 18. between that called haberdine and other dried cod, was taken away, and inftead of the five (hillings bounty there is .to be paid in all cafes that of three (hillings per hundred weight ||; II Sect. 16. A BOUNTY of one (hilling per barrel is given" ' to the inhabitants of the Ifle of Man for herrings caught and cured by them j and alfo on the export thereof,, the bounties allowed by ftat. 5. Geo. I.e. 18. **; and the duty on the import of ♦* feet. 33, s*. herrings from the Ifle of Man was from thenceforth to ceafcff. ttsect 35. C c 3 Lastly, di- !l / ■'^i ■V-' :*v-t-^' THE LAW OF ''1*1 J, Ftsherieu Lastly, in order better to protcft the Britift fifliery, it was endeavoured to give further fanc- tion to flat. i. Geo. i. flat. 2. c. i8. and flat. 9. Geo. 1. c. 22' ^or prohibiting the importation of foreign- caught fifh. To facilitate the profecution of offenders againfl thofe a6ls, power is given to two juflices, upon the information of an officer fuf* peeing fuch filh being brought into the port of London, to fummon the parties and proceed to hear the complaint, and convift in a fumn^ary * ^ct. 43, 44. way upon their non-appearance &c. V*'.iaA- t Sect. 1, S. J Sect. 3, 4. ^ Sect. 5. • Some alterations were made in flat. 16. Geo. 5. in the/ubfequent fefTion of parliament. By flat. I'j. Geo. 3. c. lo. the bounty, which by the former aft was confined to bufTes built before 1 Jan. ,17^0, is extended to thofe built after that period f. Some trifling alterations were alfo made as to thexargoes of veffe's J } and the bounty of twenty fhillings per ton is not to be allowed to more than fifty vcf- fcls fitting out in one year from the fame port §. - Upon this flat. 26. Geo. 3. c, 81. amended by idat. 27. Geoi 3. c. 10. the Britifh, or herring fifhery is carried on at this day j thefc temporary a6ls being continued, and fometimes amended in fuccefTivc feflions of parliament. Thus by flat. 35. Geo. 3. c. 56. the two flatutes were continued from I June 1795 for two years; and to facilitate the bufmefs of the fifhery, vefTels were allowed to clear out as late as 20th Nov. inflead of i Oft. ; and further, another fhilling per barrel was added to the one fhilling bounty granted by flat. 26. .: - GtO. '-,M- " SHIPPING 'ANb NAVIGATION.' frifo^fj. in cafes, where the tonnage bounty was notdemandable.. Some provifions were made for inviting foreign Hfhermen from Holland** Again, by ftat. jS. Geo.. 3. c. 58. ftat. 39. Geo, 3. c. 100. and ftat. 39. & 40. Geo. 3. c. 85, thclc ftatutes were condnued to 5 April 1801, and by this latter a£b the additional bounty of one fliilling given by ftat. 2S' G^^' 3* w*s cxjpnded to the fifticrs and curers of the ifle of Man. By ftat. 42. Geo. 3. c, 79. the four aftji> viz. ftat* 26. Geo, 3. ftat. 27. Geo, 3. ftat. 35; Geoi 3. and ftat. ;^^. Geo. 3. were revived and condnued to 5 April i8oa. However, it was at the fame time provided, that half t the bounty of 20/, per ton, and half the bomfty per barrel, Ihould ceafe after 5 April 1803. Thefc afts were revived, and further con- dnued by ftat; 44. Geo, 3. c% 86. to 5 Ap. 1806, (but not fo as to afted the duties granted by ftat. 43. Geo. 3. c. 69. and c. 70. and ftat. 44. Geo, 3. c. 53. fedl* i, 2.) and further to 25 Mar, 1S07, by ftat. 46. Geo, 3. c» 34. , ,^ ^ ,^ To the reguladons of this long a6^> ftkt. 26. Geo. 3. for promoting and protcfting the herring filhcries on our coafts, wc have only to add, that by ftat. 25. Geo, 3. c. 58. an additional bounty was given on the export of pilchards for that fca- fon only, which was continued, witJi other addi- tional bounties, by ftat. 26. Geo. 3. c. 45. to 24 June 1786, which makes the whole of the par- liamentary provifions pafled in that feftion, 26th of the king, for increafmg and extending the Bri^ tifli fifticries. , . PROM 1HK PKACE 1783, TOA.O. 1806. Fisheriet. * Sect. 7—12. C c 4 Thi ■¥- V i^ i ,'•'■ -V" I THE LAW OF '111 FROM THE TO A. D. 18G6» Fuheles, II The encouragement then given to the pilchard fiihery, was repeated in fubfeqnent afts. A bounty was given by a temporary adl, ftat. 31. Geo. 3. c. 45. which was continued by ftat. 37. Geo. 3. c. 94. and ftat. 29' ^^^o- 3* c- 65. and the aft hav- ing expired, it was revived by ftat. 45. Geo. 2. c. 102. and continued to 24 June 18 12. A VERY important provifion was made refpeft. ing all thefe fifheries on our coafts, by ftat. 34. Geo. 3. c. 68. which enafts, that ,no Britifti fhip or veird fhall be permitted to fail from any of the ports of this kingdom, or of the iflands of Guern- ^^y> Jerfey, Alderney, Sark, or Man, to be em- ployed in the fifliery on the faid coafts, unlefs wholly and folely manned with, and navigatclsd by, a mafter and mariners all Britifti fubjedls, which provifion is extended to Ireland^ by ftat. 42. GeO.3. C. 61,"'' -a:- ...w,^, .v4, n.^,Vi;-^-if ;u.v ' Nothing remains to add but the following pro- vifion in the Confolidation Aft, ftat. 27. Geo.^. c. 13, which enifted, that frefll fifti of every kind or fort whatever, caught or taken in any part of the ocean by the crews of any fliips or veffels built in Cjfeat Britain, Ireland, the iflands of J cr- iey, Guernfey, or Man, or in any of the colonies, plantations, iflands, or territories, which "now be- long, or at the time of building fuch veflTcls did belong, dt which may hereafter belong to, or be in poifeflion of, his majefty, his heirs or fuccef- fors, and wholly belonging to and owned by his majefty's fubjefts ufually rcfiding in Great Britain, Ireland, or the iflands of Jerfey, Guernfey, or i Man, "^f';' ■r', Fithtrks. » Sect. 32. SHIPPING AND NAVIGATION, 293 Man, and navigated and rcgifl-ered according to ^ ^^JJ"j ^aw, may be imported into Great Britain in Ihips ^»»<»« th« fo built, owned, and navigated, without payment ^o a.d. isoi. of any duty of cuftoms whatever *. This pro- vifion has been repealed, but is copied info the new ConfoUdation A<51, ftat. 43. Geo. 3. c. 68. fcft. 6. with thefc difFerenccs, inftead of fresh fishy it is, Jish of every kind or sort whatever y of British taking and curing j and the words, usually residing in Great Britain, Ireland, or the islands of Jersey, Guernsey, or Man, arc left out. n^rrji^;-.//:., N,^-... - . ..,.. The fum and rcfult of all. thefc various laws regarding the fifheries, feem to be this. The following advantages are obtained by permanent laws : namely, by ftat. 10. & 11. JVilL 3. c. 24. ftat. I. Geo, I. ft. 2. c. 18. enforced by ftat. 9. Geo, 2. C.33. and ftat. 26. Geo. 3. c. 8i. f. 43, 44. no fort of fifli whatever of foreign fifhing (except eels, ftock-filh, anchovies, fturgeon, bo- targo or caveare, turbots and lobfters}, can be. imported into England, \ ' ; By ftat. 43. Geo, 3. c. 68. f. 6. fifli of every kind or fort whatfoever, of Bridlh taking and curing, may be imported free of duty ; and by Iht. 5. Geo, I. c. 18. f. 6. and ftat. 26. Geo, 3. c. 81. f. 16. and fubfequent afts, a bounty is paid on the export of pilchards or ftiads, cod fifli, ling, or hake, whether wet or dried, falmon, white her- rings, red herrings, and dried red fprats, being of Britilh fifliing and curing. The following advantages are obtained by tern- porary /> i i.- 394 ■ ^ ;;-*ii^^''?^ THE LAMr ol' .*,'i.;4'A ■■' v TAR t HI. porai^y laws: namely, by ftat. 26. Geo,^, c. Sl riicMTHE and ftat. 27. Geo. 3. c. 10. and fubrequent acks, a « MACt 1783, , , ■ . 1 , I • : TO A. D. 1806. tonnage bounty and various other bounties are Buhefitt. gjygn Qn the fifli caught in the Britilh filherics on ■*' ■ the coaft* By ftat. 26* Gto. 3. c. 45. and fubfc- qucnt acts, a bounty on the export of pilchards. By ftat. 26. Geo. 3. c. 26. and fubfequcnt afts, a ' bounty on the filh taken in the Newfoundland fishery. By ftat. 26. Geo^ 3* c. 41. and lubfe- quent afts, a tonnage bounty on (hips employed in the Greenland fiftiery. By ftat. 35. Geo. 3. t. 92. and fubfequcnt afbs, premiums on the ar- rival of ftiips from the Southern whale-filhcry. The fcal-lkins, oil, head-matter, blubber, ' and whale-fins, taken in the Newfoundland, |Green-j ' land, or Southern whale- filheries, may be imported withont payment of any duty- m.M^m^i'^^ law Opinion. Upon the claim of premiums granted In the Southern Whale Fiftiery, it was endeavoured to fet afidc the tide to the firft premium of 8og/. [ by alleging that the ftiip had failed without ob- taining the licence of the Eaft India Company,! conformably with the ad of parliament, but a few weeks before her arrival from the South Seas, the| omiflion was difcovered, and a licence was ob- tained. Upon this it was made a qiieftion, as tol the fecond and third fliips, whether, in the cafcl of the firft being difqualified in the above manner,| the fecond and third ftiould fucceed, and be con- fidered as firft and fecond, fo as to let in a fourth,| to rank as third. This feemed to the attorncy- generall ,ti , ifi^i,-, BO. 3. C. Si* ^uent ac^s, a bounties arc filhcrics on . and fubft- >f pilchards, juent afls, a ewfoundland and I'ubie- ps employed 1.35. Geo. 3. s on the ar- whale-filhery. blubber, ' and Hand, ^Green- y be imported 1 i.f«iv>^' 'Wfei *uubi ■ranted Ih the ideavoured to ium of 800/. i without ob- lia Company, ent, but a few DUth Seas, the :ence was ob- iiieftion, as to er, in the cafe above manner, 1, and be con- let in a fourth, the attorney- general SHtPPtNO AND MAViOATlOM. general (ff,) to be qucftionablc. Wjth refpcA to the want of licence, he nopc^d, that there arc many exprefs difqualifications which take away the right to the premium, and this of failing without a licence, into prohibited limits, is not one. With rcfpcft to the other part of the* cafe, .the ad gives the premium in terms which cannot be brought to apply to (hips not having in faft the greateft quantity of head-matter, &c. although (hips, hav- ing the greateft quantity, may, for fome reafon like the prefent, not be entitled. He advifed, if there continued to be difpute among the claimants^ that the premiums (hould not be paid but under the fandbion of a judicial decifion. He was inclined to think the (irft (hip not entitled to the premium ; and though he thought it, in that cafe, equitable to admit the fecond and third (hips to the rank of firft and fecond, yet, they not coming within the defcrip- tion oi (hips returning with the greatest quantity, and with the next greatest quantity of head-mat- ter, arc not, in the ftrift conftruftion of this a<5l, entitled to the firft and fecond premiums. Upon the whole, he advifed to take the opinion of a. Court upon it. This queftion arofe on ftat. 26. Geo. 3. c. 50. feft. 2. 15. 16. ftat. 28. Geo. 2* c. 20. f. 2. and ftat. 29. Geo. 3. c. 53. fcdt. 3. />om/n* r?. («) Sir John Scott, jo Ap. 1796. / ,:^. CHAP. ^r H 1 '•'.•• • >■■ . ^j ** ' 1 i 1 "■■ ' "" ■ ' »i 1 1 if' "^ 39S . 1 I ■ PART in. ill ' V— » ■ ■ r:, 1 f fROM THE I'M MACE 1783. ; ' ' !■; ,. , TO A. 0,1806, ,i |1| , Fiihtriest ' ^ ! i . ^ .,. ■ > 'M ■' ■ ■' ; n i . • . \ 1 - '■ ' li -■ ■■ .'^^ i ^r- ' ! 1 : ;it|| '' ! .; ; •(II ! \\ i ■ .; 1 i ' ' *■■ '' 1 ■ ' i • ■ 1 ' 1 ; ■ : u '*"' ''^ ill i' • ' - ■ ■'I'll ' i r njl ■ ,t) 1 fli H |l, , .'■■ \': ' i f 1 1 ^ ■ ' ! T Mu l' '' ilil r |B 'V ]m ' f ' ' 1 ; 1 ji T, ■ '■ !; 1^ m ,. '' -• •••! m ' ■ 1 '' fV ;| 1 ll 1 , 1 f ; 1 1 ' ~ * - ' ^m 1 &t>«»'" ' -..w ,i ^'Wr ''ffl - ■"■ "1 '■«'? li' r :.*•,: ^, .^. 1 :| |-^ ^:^^,. ;.•■■■ » . .t.l/^-: im C;'* 4r v' >4*w «y^;V :f; ","'■' ' ^, >.'.' r«. ■ >'•■■/',> , > ,t^ ,d: . J ■ V -^V' .■, •¥ i^' THE LAW or '.:\t\/ .TU Kft" 'i -rr M>*:U' > .,|. ■ 'Ml': /' ■<■?-'■■.' . CHAPTER VL ',');/'■ r f H-' *•■„' (•' OF BRITISH SHIPS. Frauds in Ilegistering''^Smuggling — Defect in the Registering Laws— ^Intended Amend- ' ments therein-— Points submitted to the Com- missioners of the Customs-— Their Report \ t hereupon—Proposals for amending tk\ • Lazvs—The Opinion of the Committee oj\ Trade thereupon — Stat. 26. Geo, 3. c. 60.— i • Of British-built Ships— Of Registering— \ ' The Bond — Indorsement on the CertiJicate—\ .Bill oj' Sale — Change of Name-^Certificatt\ • lost or mislaid — Prize Ships — Amendmentn made in Stat. 16. Geo. 3. c. 66.— ^Of Ship- ping in the Eastland Trade^— Remedies pro- posed in Aid of British Shipping'— Ease- ' ment in Duties for British Ships-' — Stat. 34.J Geo. 2' c. 68. — The TVar Acts 1793 a)d\ 1803 — Decisions and Law Opinions. I t>AiiT m. TN the 26th year of the prefent king very con-| A fiderable alteration was made in the whole cou- ccrn of regiftering fhipping, with a view offc- Briiith Shi}*, curiog to Ihips of thc built of this country • „ preference! FROM TRE TO A. ». 1806. % ,<)/. VROM THK PEACE nsrs, TO A. D. 1^06. Britith Shift. SHIPPING AND NA^VATION. preference and fuperiority which they had not enjoyed (o completely before. The plan ^'^ re- gulation then propofed to parliament was tu. re- fuit of an enquiry and deliberation of great length, before the committee of privy council for the affairs of tr^de and plantations ; and that enquiry was commenced and carried on, and the meafure at length decided upon, principally by the exer- tion and perfeverance of a noble lord, to whom I have had occafion before to allude (a.) •« «:! * A VIEW of the change which had happened in i^merica, fuggefted the neccflity of fome regula- tions, refpedling the regiftcring of (hipping for the plantation-trade, v • • ■;>••: The frauds which ufcd to be committed before Fraud* in rc- thc war, were chiefly confined to the Weft Indies j and they principally cdnfifted in the Dutch in- habitants of' Si; Euftatia, and Cura^oa, and the Danes at St. Croix, purchafing Britifh vefl!els with their plantadon regifters, and then employing them in the Weft Indies as Britilh bottoms. Befides this practice by the Danes, and Dutch themfelves, thcfe were many Britifh fubjeiSbs who refided and were admitted burghers in thofe iflands, and car- ried on their trade from thence to our iflands, the fame as if they were refident in a Britifh plan- tation, But thefe abufes were far exceeded by thofe which had prevailed during hoftilities, and fmcc the termination of the war. {a) Vid. aftt. pa. 263,. 'hm. -,>K." arHS tAw or m.v FROM TMK VEACB 1*783, •t9A.D. 1806, Brilith Ships. II It appeared, that the cu(lominiHia*i ■^^ •V-.' .' SHn'PI,NO AND NAVIGATION. I by the admiralty, frequently cfcapcd by obtaining documents certifying they were the property of foreigners rcfiding at Oftcnd, Flulhing, and other foreign ports ; and tlicy had often fo been claimed, alrhoiigh known to be built in this kingdom, folely nav gated by Britifh feamcn, and employed in the contraband trade. These evils, it was thought, might be reme- died, i f every veflcl was to be regiftercd at the pore to which it belonged j it would then be eafy to af- I certain the true name of the vcftcl, of the mafter, and of the port; and if the names and occupa- tions of all the owners were required to be de- fcribed bcfo»-- a certificate of regiftry fhould be granted, it might be expedled that many perfons would be difcouraged from being concerned in building, equipping, and employing, veflels of this defcription, from the apprehenfion that their names mult appear: iffuch fhips were made liable to forfeiture, upon being found without a regifter, tiicy could not efcape under the colour of fuch fo- |rcign documents. ;,.f. . ' The underwriters of fhips againft the perils of Ithc fea, felt an intereft to promote any regulations that would tend to afcertain the name and defcrip- Ition of ihips, with the names of all the owners, and lof the mafter. They forefaw, that this would tend Ito dete6t and prevent frauds, and would facilitate the Iredrels to be obtained in proceedings at law, by Ircndering the evidence on trials more attainable, and Iclcar: this it was believed would contribute to [make perfons more ready to infure Britiih than D d foreign fRi'M I IK pi'AcF. ns;i, TO A. n IKJJi. Uri-th S'lpi. I'J L 1 . .^...J 3'' FB('M THE PEACE, 1783, 10A.D. 1806. Bdtiilk Ships. Defects in the Registering I; THE LAW OFiV^^^'^- foreign (hips, which would diminiih the premium of infurancc on Britilh 0iips, and of courfe give diem a preference in all forts of trade and em- ployment. Such were the leading points of the reform intended to be made in -the law for regiftering fhipping i but in looking into the exifting laws, many other points fuggeftcd themfdves^^, deferv- ing revifiorl and amendment. ' ' ' As the law then flood, regifters were granted in purfuance of ftat. 7. & 8. IFill. 3. c. 22. and Hat. 15. Geo. 1. c. 31. The -firft of thefe afts conBnes the trade to and from the Britilh planta- tions in Afia, Africa, and America, to Britifli- built fliips } that is, to fhips built in £\ngland | (and fince the Aft of Union in Great Britain) and in Ireland, Guernfey, Jerfey, or the planta- tions, as before mentioned, and wholly owned by the people thereof; or to foreign fhips taken as| prize, and legally condemned in the courts of ad- miralty i and all fuch ilhips trading to the planta- 1 tions without producing a regifter agreeable to the directions of that ad were liable to forfeiture, as| if they were foreign (hips {a.) ;t.\!\»y ^fi^iiXv-iSvv :.. Notwithstanding no other fort of fhips was| legally intided to a Britifh regifter than thofe be- fore mentioned, yet it had been a pra6tice fori many years to grant regifters to foreign fhipsl ^ii'jii^frtv?^^'^'^:^*!/*".^;^'*- ^v^^, it^ia nr^ alio,! {a) The form of the regliler is not fpecially fet down in the! a£l : one was dcvifed conformably to the requifitcs there fpeci* fied. The form of oath to be taken, as a ground for obtainingj the regiftry is in the aft. ■■ri itc^-j •V c premium :ourfc give k and em- ' the reform • regiftcring xifting laws, ;s, as defeiv- vcre granted [. c. 22. and )f thefe afts Iritilh planta- , to Britilh- t in E\ngland| Jreat Britain) )r the planta- Uy owned by iiips taken as I courts of ad- :o the planta- reeablc to the forfeiture, as| t of ftiips was lan thofe be- a praftice forj oreign fhips nib alio, y fet down in the fiKS there fpeci- lond for obtaining SHIPPING AND NAVIGATION. PART III. FBOM THE PEACE nsa, 10 A. D. 18U6. fi 11 ^«^i, ip^iiJti*?o.' 1 (a) Vid. ant. 252, •at; :rr! !■.• . y ■Mi -;,!,,:• >% .':-*'i.'i aUb, that hid been wrcckjcd or ftranded upon the coafts of this kingdom, on their being purchafcd and repaired here by Britifh fuljjcfts, and after fuch a fum had been expended on them as might BrHMShipsi: be deemed nearly equal to a re-building («). • Whatever might have been the firft motive for ex- tending this privilege to foreign fhips, it had been ■ ' .* the invariable practice of the cuftom-houfe never to permit any fuch Ihip to be regiftcred, until the^ proprietor had firft ftated his cafe to.,the attorney- general, and laid before him all the tradefmen's bills and other vouchers for the fums expended in repairs, authenticated by affidavits, and the at- torney-general had given his opinion, that under all the circumftances of the cafe, fuch fhip ap- peared to him to be entitled to the privileges of a Britifh fhip. -" .t^^->;>I^ -v .f. .-iv It docs not appear, that the commiffioners of the cuftoms in Scotland had adopted any check of this fort, nor that they confined the indulgence to fuch foreign fhips as were flrandcd or wrecked on the coafls, but they extended it to all foreign (hips becoming British property, and greatly repaired at home. And notwithftanding the precaution obferved in England, there was great rcafon to believe the practice of granting regif- iicrs to fuch foreign fhips had been produftive of many frauds, and that oaths and alledged fads not founded in truth had been the means of extending this indulgence, to the great injury of fhip-build- ing in this kingdom. '•"• ^■'*'^> ' ' '' ;- * " • r,- d 2 ,r . , . ,- As #3:>. < • I i. V. I n ri M •' H V. -TO A.D..IW)6.' Britah Ships, .m JMTT^l;,?-. .. .. •■ .. ■^., THE LAW or; •' ;■ .- „ ~ As to the reglilations obfcrvea by the cuftom- houfe in granting regiftcrs, the form of the oath being laid down in the ftatute, the certificate of re- giftry was made in purfuance of rtj but the de- fcription of the fliip there made was fo vague and indefinite, tha)t it might be ufed to proted any other of nearly the fame burthen, with little or no rifk. of detection. The requifites, alfo, were fo few and in- adequate, that perfons not legally intitled to the be- nefit of a regifter, nor perhaps competenti to fpeak with certainty to the proofs required, ufed to com- ply with the law, and take the oath enjoined as a mere matter of forms and fo obtained, with the greateft eafe, this very material document, which had the confcquence of raifin^ the value of the fhip, and entitling it to all the advantages that were meant by the Legiflature to be confined to Britilh fliips folely, owned by Britifli fubjedts. In in- ftances where the commifTioners of the cuftoms had difcovered regifters to have been granted im- properly, and called upon the officers to account for their conduct j the officers had urged, that the perfons applying having performed all the requi- fites of law, they did not conceive themfclvcs war- ranted in refufing the regifter. Again, the oath,! when taken and fubfcribed by the perfon procuring the regifter, was delivered into his own cuftody j and if he Ihould afterwards be difcovered to have fworn falfely, he was in poffeffion of the principal evi- dence upon which he could be convifted of thc,| offence. , ■, q The pradice of granting regifters de novo ini lieu •('■'■■ .'■isa- ■:-^'0. J><^th "to i he cuftom. of the oath, ficate of re- but the de- vague and rd any other or no riik of few and in- ed to the be- tenti to fpeak ifed to com- enjoined as a [led, with the jment, which value of the iges that were tied to Britilh tdis. . In in- the cuftoms granted im- rs to account •ged, that the all the requl- emfelves war- ain, the oath, rfon procuring 1 cuftody i and to have fworn. principal evi-, iviaed of thej I. rs de novo in lieu SHIT^PING AND NAVIGATION. ./ FROM THE p'facr' I'fSS; TO A. D. 18Q6. Br,thhShipt^' lieu of thofe alledged to be either loft or miflaid, differed widely from that of granting original ones ; and fuch fecond regifters could, not be obtained with the fame facility, under th« regulations of ftat. i^.Geo. 2. c. 31. which gives directions for granting fuch new regifters, as well when the ' . , cafe happened in the plantations,, as in Great Britain.' ,;•' • .'".;';■ --v^'rV-'-w '.':■. ».''#;'.■/ If in. the plantations, and the lofs had happefled at a great diftance from the port proper for the regiftering de novoj the matter was at liberty to '.7 take the oath prefcribed in the adt, and give large fecurity.to perform the conditions upon which he was to be relieved j and this relief was no more than the governor and collector granting him a certificate, that fuch oath and fuch fecurity had been given, which entitled the fhip to trade for I one voyage only*. If in Great Britain, and the ♦sect. 2, [owner or owners, or any of them, Ihould refide in [Great Britain, Ireland, Guernfey or Jerfey, and the mafter, or one or more of the owners, fhould make proof, to the fatisfaftion of the comrhiflioners of the [cuftoms, of the lofs of the regifter, and fhould likewife give the fecurity required, the (hip was entided to >be regifter^^^ novo. This was a praftice that perhaps might be fufficient, with the [addition of an oath(t.) Stat. 7. & 8. IVill, 3. direcJlcd all prize Ihips Ito be sptvially registcredj mentioning the cap- jture ind cohdemnadon, inftcad of the time and place of building, on proof upon oath that the !' ' M D d 3 intirc t Sect. 'X y)iit.>iv\ hnS nOM THE PEACE n83. TO AID. 1806, ■ British Slvpi i ■ x-^. /' jVr ;. ^ ■y % y^i '■# ■ft "•,, :AU intire property was Britifh. Befides the reglfter, it had become the praftice, in brdel* to rnake all the circumftances of thefe fhips appear more at large, to granf to the owners of them another do- cument, called a certificate of freedom (a) ; bin this pra(5lice does not feem to have obtained in Scotland : this certifiqat^ recited when and by whom the duties on fuch prize-fhips we're paid. 'It had become a rule with the lords of the ad- mirdty not to iffuc a Mediterranean pass to any Ihip that had not a regiftcr ; a check which they had impofed, to guard againft the danger of fuch pafTes being granted to Ihips for whofe benefit they never could have been intended. In confe- quence, it had become the praftice of fliips which needed the latter document only, to apply prcvi- cufly for the former j fo that many (hips not trad- ing to the plantations became i« this manner pof- felTed of regiftersj which becoming of little ufc to the procurer after they had ferved the turn they were intended for, were difpofed of, for money, or otherwife, and fo applied to the proteflion of many fhips, that were not entitled to them. The nature of a Mediterranean pafs is this: ini the treaties that have from time to time been made with the different Barbary States, it has been agreed, that the fubje£ts of the king of Great Britain fhould pafs the feas unmolefted by the truifers of thofe States i and for better afcertaining what ftiips and ,pslw ,7i: , .1 ^i.'mvipmrf-jH 'nsShu veflclsl {a) No form was fet down in the ftatute; but fee in the Ap.j FENDix a certificate of freedom made in purfuance of the di| regions of the ftatute. ■a.,.- SHIPPING AND NAVIGATION. veflcls belong to Britifli fubjedts, it is provided, that they fhall produce a pass, under the hand and fe,al of the lord high admiral, or the lords com- raiflioners of the admiralty. In purfuance of thefe treaties palTes are made out at the admiralty, con- taining a very few words, written on parchment, with ornaments at the top, through which a fcol- loped indenture is made j the scolloped tops are fent to Barbary, and being put in the poiTefTion of their cruifers, the commanders are inftru(5led to fuffcr all perfons to pafs who have pafies that will fit thefe fcolloped tops. The proteftion afforded by thefe pafles is fuch, that no Ihips, which tra- verfe the leas frequented by thefe rovers, ever fail to furnilh themfelves with them j whether in the trade to the Eaft-Indies, Africa, or the Levant, or in the trade to Spain, Italy, or any part of the Mediterranean i and from the more particular need of them in the latter, they, no doubt, obtained the Mme of Mediterranean passes. For the accom- modation of merchants in diflant parts, blank pafles, figned by the lords of the admiralty, are lodged with the governors abroad, and with the Britifti confuls, to be granted to thofe who com- ply with the rcquilites neceffary for obtaining them., -^^f■'' - ' As this piece of fecurity is derived wholly from the ftipulations made by the crown with a foreign power, the intire regulation and management pf it has been under the direftion of his majefty, who, with the advice of his privy council, has prefcribed the terms and conditions upon which thefe pafles ' '< D d 4 ':..,, _ , Ihall FROM THE PEACE 1"83, TO A. D. 1806. Brilish Ships. ■ ( . ■■- v.r. j;c;j;)i s.d> <"^-W' Vj- pARf in. ritf>M THr. FEACE 1783; TOA.D. 1806. Brlf'sh hhips. i i fhall be granted Among others are the follow- ing: they are to be granted for none but Britifli- built fhips, or fhips made ffec, navigated with a maft^r and three-fourths of the- mariners Britifh fubje(5b, or foreign proteftajits made denizens. Bond is to be given in the fum of 300I. if the veflel is under one hundred tons, and in 500I. if it it is of that or more, for delivering up the pafs within twelve months, unlefs in the cafe of Ihips trading from one foreign port to another; and fuch palTcs need not be returned in Icfs than three ^ears. ' The rules and orders under which Mediterranean pafles are now granted were made by tlie king in council on 14 Tune 1722, and on 28 Auguft^yyS, upon rcprefcntations made by the board of Admi- ralty of the ^bufes then pradkifed. . <>u;i It has been found expedient at the conclufion of a war, and fometimes during a p^ace, to recall and cancel all pafles that have been iflucd, and to ifllie others in a new form. This has been done for two reafons : Firft, That thefc ufeful inftru- ments by various means, either accidental or frau- dulent, came into the hands of foreigners, wl.o, under cover of them, carried on in fecurity a trade which otherwife would belong to Britiih fub- jefts, and which had been purchafed by the crown at the expence of keeping up this fort of alliance. Secondly, That the Barbary States complained, that, adhering to the rule of fitting the other partot the indenture to the pafles, they were obliged to iufkf fhips to pafs that did not belong to Britiih - lub- '1 'J- .••iA-»«i it'.-' >V''ifh'M^}iy} bi.m .-^r- . ^ SHIPPING" AND NAVIGATION. f«bj/ii%;'i^iii^rt<;f} jq -tmi, iv ^' ■^m- To return to regifters : it was directed by ftat. 7. & 8. imi. 3. c. 22. f. 21. that when the name of a ihip v':s charged after regiflering, or the pro- perty in part, or in the whole, was transferred to' another port, the regifler Ihould be delivered up to be cancelled, and the fhip be regiftered de novo : but if the property was altered in the same port, by the fale'of any fhare, it fhould be acknowledged by an indorfement on the regifler before two wit- The pra^icei however, appears to have dif- fered fomewhat from the dire<5lions of the law; for in cafe of a; change of property, even in the same port, the old regifler was generally given up, and a new one granted in lieu thereof i becaufe the document would not admit of many indorfe- nients of this fort without inconvenience, the fmall fpace being foon covered by the indorfernents re- quired by the adl to be made on every change of the mafler. Such being the law and practice, and fuch the - - 1 ■ ^ ; frauds 409 i»ArE III. '10*. u. IBOo. , ^*i fnh (Vj) Se« in the Appendix tl)c form of a Mediterranean pafs, and of (he bond entered into on granting it. X<. \ 'i- T ■ i 4 U I I Pf I . •>' '. "NV-.. f '•< PttOM Till PEACE 1183, TO A.D. 1806. Brit'uh Ships, Intended Amendments therein. THE LAW OF ':t\^^\t'i'' frauds and defcfls in the regiftering of fhips, it was confidercd what regulations could be made, which would fecure to Britifh ihips the preference which it was intended they fliould hereafter enjoy ; and it was thought, that fome plan like the fol. lowing would be the mod: likely to anfwer that defign. ,.(, That, in future, no Ihip foreign-built, though owned by Britilh fubjedls, and navigated accord- ing to law, (hould have the privileges of a Britifh Ihip, if purchafcd after the pafllng of the ifitended aft. The reafon given for this was, that it was right and, wife to exclude foreign-built fhips, as well from our foreign trade as from the plantation and coafting trade, as foon as we had ihipping enough of our own built, and were otherwife qua- lified to do it J that this had now become more ad- vifeable than before the American war, as the United States from friends had become our rivals in (hip- building. Again, the advantages thereby given toBritifh- built fhips above thofe that were foreign-built, mufl be confidered as very little more than a compen- fation for the extraordinary cofls of building in this kingdom. The cufloms were now twenty- five per cent, which in Charles II. 's reign were only five per cent, upon all the materials of which fhips were built j fo that the cufloms amounted to 300I. upon a fhip of eight hundred tons j all which duties on the raw material ought to be compen- fated by a countervailing duty on foreign fhips, if a preference was not given to fhips of Britifh- • y- • "" built. Wf FROM THE PBAC£ 1181), T« A. D. 1806.' ' SHIPPINO AND NAVIGATION. built. On- this principle a duty was already pay- able on prize fhips, and on foreign fhips employed in the coafting trade*. .dtiv* .:^rtvv It feemed to be agreed, that no Ihip fhould *'•'"''' ®''^*' thenccforwaru be allowed to be regiftered that was built on a foreign bottom, as well becaufe the prefent practice was not founded in law, as that it was liable to great frauds; however, that all fo- reign-built fliips, and all 'fhips built on a foreign keel then in being, fhould be allowed to be ufed by the owners of them, till they were worn out. It was agreed, that every fhip above fifteen tons , . burthen, and having a deck, whether employed in - ^ the coafling trade or the foreign trade, fhould be regiflered, the fame as vefTels were before regif* tered for the plantation trade, there being no reafon why they (hould not be all equally regiftered. Ships , hitherto had been regiftered for two purpofcs : Firft, To prove that they were owned by Britifh ^ fubjefts : Secondly, To prove that they were Bri- tifh-built. It was intended all fhips fhould here- after be owned by Britilh fubjedls, and for that * reafon alone they ought to be regiftered ; if they were alfo to be Britifh-built, that was another reafon for their being regiftered. Indeed, already, fhips employed even in the foreign trade procured regifters, if they needed a Mediterranean pafs j and this circumftance had given occafion to great frauds. The expence of regiftering was not fo great as to be any reafon againft this plan. It was agreed, that Jio fhip, in future, fhould be regiftered but in the port to which fhe belonged, or where fV hM S.iU%^5^ -^'' ^! Jr^'' r/' THE LAW OP . where (he was condemned as prize j nor othcrwifc FROM THK than upon a certificate of the pcrfon who built her, TO A. D, 180$. or of the court of admiralty which condemned her j BriUth Ships. jjQj. without giving bond, that the regiftcr fhould not be lent, fold, or difpofcd of. But fhould be em- ' ■ ployed for the ufe of that fhip only ; and that when the fhip fhould be worn out, or fold to a foreigner, it (hould be delivered up to the coUeftor at the port to which the fhip belonged : That the r<^gifters fhould be returned from every part of Great Britain and the plantations to the chief ofjicer in London, there to be entered. It was thought proper, that there fhould be a general revifion of the fhipping of Great Britain and the plantations, in order to detcdt thof<^ then trading under falfe regifl'ers; and with this view, every fhip not already rcgiflered fhould be regif- tered, and every fhip already rcgiftered fhould be rc- giflered anew, on their return to the port to which they belonged i and no old regiftcr to be valid after a certain day. This would have the efFeft of fubjedling to the inconvenience of regiflering anew fuch (hips as were qualified for the plantation trade, and fuch as were foreign -built. But this inconve- nience, it was thought, fhould be fubmitted to, as it was impoffible to detect the frauds then com- mitted without fuch revifion. The trouble of of» fice would not be more than that which the ad- miralty went through when they called in all Me- diterranean palles. The trouble to the fubjefl would be no more tharl what he was already liable to when a fhip changed her port. The cxpence of t<^es ought to be made fmall. /-■t. SHIPPING AND NAVIGATION. ,.t''> IN this propolal for a rcvifion of old regiftcrs, it was thought rcafonablc to make allowance and exemption for particular cafes. Thu?, (hips which had been promifcd regifters in confide ration of tJieir having afliftcd in removing the king's troops and fubje«5ls from New York and other places ,j Ihips that had been regiftercd by the governors of the plantations, before the law as to the fubjeds of the United States was explained to them; Ihips that had been promifcd regifters in confideration of the owners and their families having removed into the king's dominions from the countries of the United States i it was thought, that power Ihould be lodged in the crown to grant relief in all fuch cafes, that appeared to be clear of fraud and coUuuon. - . . After the fubjefl of regiftering had been can- vafled, and thefe conclufions drawn, it only re- mained to put it into a courfe of official enquiry. His majefty was accordingly moved to order in council, that the lords of the committee appointed for the confideration a{ all matters relating to trade and foreign plantations fhould confider and report their opinion, whether it might not be proper, that a bill fhould be ofi^ered to parliament for enforcing the Icvcral provifions of the laws made for the encouraging and increafing of the fliipping and navigation of his majefty's domi- nions, and for preventing the frauds pmdiiio' rc- fpecting regifters, and other fecurfties for afcer- taining the built and property of Britifh fhips. This order was made i March 1786. , V ^ Thi rHOM 1 HI FFACE nh.'!,-'*' 10 A. f>. IW'ti. firiliih Sh'i)$. 1' "S» I FROM IHt riACK n8:», TO A. U. Ibi)6. BfUiilt Shijn, I ^ ■' I Points sub- luilti-d '" the Comiiiissiunert of tiia (-ustviiu. ■^ THE LAW OF '-'«-t^Kt ' Th2 committee of council proceeded imme- diately to take into confidcraiion the qikrftion re- ferred by his majcfty, and endeavoured to obtain every information and light that could be pro- cured, by examination of merchants, underwriters, and Other perfons converfant with mercantile af- fairs, and by confultation with the officers of the crown, in the departments to which this fort of bufinefs belonged^ A letter had been previoully written to the commiflloncrs of the cuftoms, ap- prizing them of the intended invcftigation ; and on the very day on wliich his majefty referred the queftion, the lords of the committee opened to the commiflioners the feveral objecfls that ap- peared proper for their confidcration, in framing the report they were to make on this fubjcft. Their lordfhips called likewife upon the board of cuftoms in Scotland, to report their opinion upon the queftion ; and this report, when made, their lordlhips caufed to be tranfmitted to the commif- fioners of the cuftoms for their confidcration. So much difpatch was ufed by the commiflTioners of the cuftoms, that on 31 March they made a very elaborate report upon all the points fubmitted to them, with a very full opinion as to the defcds of the law, and the probable amendments to be made therein. This report of itfelf comprizes the fubftance of the difcuffion, which this fubjcft un- derwent. ;?M->.' X V ,ri\<' . ,.•..- V,-, ii\iv '.' i-''-; The lords df the committee, when they opened the fubjeft of enquiry to the commiflioners of the cuftoms, broke it into the following points. Firft, ....■....■■: ' ■ ' Thar •*ra :'»■.:■ fHOM THf SHIPPINO AND NAVIGATION. That there (hould be a general infpedtion and rcvifion of all Britilh (hipping, and new regiflers granted. Secondly, That fome further regulation To'^'o/lhoi. (hould be made to prevent frauds, when the pro- ^"'"''' **«r«» pert/ of a fhip was transferred to other Britilh owners. Thirdly, That there fliould be made a further dcfcription of Britilh fubje<5ls j fuch as, British subjects residing in his majesty's do- ' . minions, fpecifying the place, or British sub- jects belonging Ito such a factory abroad. Fourthly, That there fhould be fome further dc- fcription of a Ihip by way of afccrtaining it to be the fame. Fifthly, That there Ihould be fome further penalty upon falfe fwearing, and upon forging or altering certificates or regifters. Sixthly, That further regulation fliould be made for fe- curing a proper return of all regifters from any part of his majefty's dominions to the chief office of the cuftom-houfc in London. Seventhly, To coUeft as many circumltances as the commiflioners were able, of rhc frauds committed, in o; aer to entitle a >ireign Ihip to the privilege of a Britilh Ihip 1 uivigated according to law. Eighthly, To ftate the prcfent defefts or omiflions in tranfmitting to die chief office in London regifters and certifi- cates granted to Britilh fhips according to the law as it then ftood. Ninthly, To give an account of the Ihipping of England, as it appeared at the Regifter's Office, or from any other information the commiffioners of the cuftoms could obtain. To thefe points the commiffioners made diftind '['"''f ^^?°tii As to the firft, they concluded anfwers and obfervations. THE LAW OF FROM Tlli; CEACE liM6, TO A. D. I8(j6, Br'Uith Ships. ^1 J. ■I:.'" concluded it. to he the dc/iao.ii|^ future, to keep a regiftry of" ali fliips and vertels belonging^ to this country of every defcription, including tHofc cm- ployed in the coaft-trade and fiftieries j and they propofed, with a view of carrying this dcfign into execution, that the fhipping fhould be divided into the three following clafles. Fimt, Ships of the built of Great Britain, Ireland, Guernfey, Jcr- fey, or the Briti(h plantations, or th^fe taken and condemned as prize, or fuch foreign Ihips as may be wrecked or flirandcd, and afterwards admitted to the privilege of Britifli, unlefs, indeed, itfiiould be thought advifeable that this indulgence Ihould be altogether difcontinued. Sccomlij/, Ships fo- reign-built, but wholly owned by Britifli fiibje^ls and legally navigated j without- alteration, how- ever, in any refpedl of the duties th^n payable on goods and merchandize imported and exported in fuch (hips. Thirdly i Ships or veifels Bricilh- built, or thofe taken and condemned as prize, not employed in the foreign-trade : in this clafs'alfo foreign wrecked or ftranded fliips might be in- cluded, if permitted in future to be made free. 1 The firfl: clafs was confidercd as the only de- fcription of fliips that could legally trade to anij from any of the king's dominions in Afia, Africa, or America. The fecond' included thofe that were then confined tp the European trade, but which could not import goods of the growth, product, or manufadlure oF Turkey (a.) The third was 1 ■ j*, .n i^?V Hj:" ■^••i\oq'Tv*| vs4hw- ' ■ Hmitec 1% 1 ' • * ,. («) Vid. nnt. 1 151. ; 1 • ' * , * . - , iib: .1.; ^ - SHIPPING AND NAVIGATIONi 4^17 limited to coaftcirs, as alfo to fuch fifhing-vcflcls . J*^^^?.^^ the navigation of which was confined to the rivers ^•mtb*-^ or coafts, and which are more particularly de- toa.d. isoe, fcriljci in the twcnp^th fcaion of ftat. 7. & 8. ^''''^^^f\ Conformably with this divifion, they proJ .,^.1' pofea, that certificates of regiftry Ihould in future be made out feparately in this manner, and fhould be diftinguiflied in their titles as follows : , ' 'j.^ t'iRST, Certificate of British Plantation It was propofcd, that mips mould, by virtue oF^ - tiiis ce;riificate, be intitled alfo to trade to Europe^ and ail, other foreign parts, or, if ocAfion fhoulcl require, to go poaliwifc. ,. l; -^x.^ w SipoNDLY, pcriijicdte of a Foreign Ship's Jiegistry for the E^ropean Trade, British Property, &c, . ^. , > -f •^Vvf.fi.n- )viis..^.4jT?7i .■»'-t4)w-5-'' , ,, ,.•■!* This cjafs would be confined wholly to this trade, fuch,mips^ not being permitted to go to the plantarions, nor even to carry goods coaftwife, unlefs on payment of the duty impofed by ftat. i. Jac. 2. c. 18. f. 2. which has hitherto been found to operate as a prohibition. TThirdly, Cerlijicate of a Coasting or Fish- \ng Vessel's Registry. It was propofed, that no certificate fhould be talcen out for this clafs of veflcls when under fif- teen tons burthen ; and that no veffel, during the [time it had this certificate, flioiild be allowed to take out one of the firft clafs. It was further propofed, with regard to all E c thcfe Vv ! ill *;i li I 'I t.i u r.')' >■: ■ l^ROM THE rHACE f783. toA.o. laps. •?><• /- THE LAW OP ■V'H' thcfc certitotcs, that none Ihould in future iflfuc but at th^ port to which the fliip belonged, with- out the fpecial leave of the board of cuftoms, to which all the circumftances Ihould be prcvioufly ftatcd. . The defign of this was, that the officers : granting the certificate living on the fpOC where the parties appl/ing for the certificate refided, would have an opportunity of enquiring into the truth of fafts dated by them for obtaining ic, They further thought, that no certificate ihould be granted on the oath of one of the owners, but . that the major p^rt of them fhould join therein, provided th^ did not refide at a greater diftance than twenty miles from the port to which the fhip belonged ; and if the major part of them did not appear, fufP.cient proof on oath Ihould be tiade by one or more of the owners prefent, tha reft did not refide within that diftance. nf^«r ., , With regard to " the granting of new regif. tcrs,** although they were fully convinced of the neceflity of that meafure, yet the means of effcd- ing it appeared to them to be attended with great difficulty. For as the oath of the owner or owners was required, it might frequently happen for the Khip to arrive at a pore, as well in Great Britain as in the Britilh plantations, where none of the owners refided -, and to deliver a new certificate of regiftry on the return of the old one, merely on the oath of the maftcr (which could only be to the bcft of Ills knowledge) would by no means tend to remedy the evil apprehended. Great in- conveniences muft alfo arifc in receiving the old V .; -,^ ■ i '- ' , • regifter .:/ as fuch voyage might not carry the fliip to the port to which it be- longed. ;- The plan tliat occurred the moft likely ti ilft- fwer the end propofed, and not to interrupt the navigation of the country, was one fimilar to the practice of the lords of the admiralty, when they had reafon to apprehend that Mediterranean pafleis had fallen into the hands of perfons, and were ufed for the protc6lion of fhips, for which they were not originally intended i in fuch cafes, they caufed an advertifement to be publilhed and con- tinued fef fome time in the Gazette and other pub- lic prints, giving notice, that pafTes of a new form would be iifued in a fliort time after the date of fuch publication ; but that fuch pafTes of the old form as had been iflired, woiUd neverthelefs con- tinue in force until a certain day, ufua!lly the dif- tance of twelve months. In like manner, it was now propofed that the commiflloners of the cuf- toms (hould give notice, that after a certain day certificates of regiftry fhould be iflued of a new form, and that after fuch a day no fliip would be permitted to be clear out at the port to which fhe belonged, either in Great Britain or the planta- tions, as a Britifh fliip, until the owners had made proof that fuch fliip was BritiQi-built or Britifli- owned, as the cafe might be. *'•- ■ -' •' - •>! But confidering that Britifli fliips employed in foreign trade do not return to the ports to which they belong for a confiderable time, and confe- ^''''' E e 2 c[uently. ■ ^vn 1 1 ■ ' ii ti ART iti. ! Ill i 1 PEACE n3»i ♦ • *•: ' , ■t^, A. a. 1806. j , > £ritisk Sliipi, ' ' ! 1 . J -..^■/■'^ ■' ■' V- ') ' 1 •■•,'•;,;;,.'.• . . * ., 1 ' 1 ■ 'T i ■■■•■ •. '/ 1 1 . , .\ I, c t ;' ' KW » ' r n r ' ' 1 - \ hi - i h I - ' i . 1 1 II ^ iff ( ; ■' III 11 1 !l 'i^' j ill ) , : ;■■ 1 . i ll |.; ■" ^ if i i ) 1 ■ 1 1 '"^ ' 1 ' i 1 ■' • V •'-'-"- ' i^ii J lL 1?i m i 420 PART III. rnoM THE rEACE TO A.0. 1783. British Ships. oi- THE LAW or iHmn. qucntly, under the regulations now propofcd, coiild not procure a new form of rcgiftrv. certai ^'If tant periods were to be allowed before the orvners of fuch (hips fhould be compelled to take out a certificate of the new form, unlefs fuch fliip fliould arrive fooncr at the port to which Ihe belonged. It was further propofed, that at the time of taking out the certificate of new regiftry, fecurity fhould be given that fuch certificate fhould not be fold, lent, or otherwife difpofed ofi but that it !hould be made ufe of for the fhip for which it was granted, fo long as all the owners and the mailer and three-fourths of the mariners were Britilh fubjefts, and fhould be delivered up in cafe the fhip was loft or taken by the eneriiys or was broken up. The penalties propofed for thefe fecurities are nearly fuch as were then given foi the due ufe of Mediterranean pafTes, Should the ihip be fold in whole or in part to any foreigner, then the certificate was to be delivered up within feven days, if within the limits of any port j and if at fea, or in any foreign port, within fourteen days after its firft arrival in any port within his majefty's dominions. .^ - . < , ♦,' As the abufes in regard to regiftcrs had prin- cipally been in the plantations, it was recom- mended, that the officers there Ihould not have I power to make out any certificate but only for j (hips taken as prize, and condemned there, and , bought and equipped for fea by the inhabitants there j and as the duty on prize-fhips regiftercd io Guernfey and Jerfey had in many inftanccs been , evaded, SHIPPING AND NAVIGATION. ^ya^^d, it was propofed that no fhips lliould be rcffiftered in thofe iflandis; b'uti inftead thereof, in fome ports of this kingdoni i which, it was thought, would be no great inconvenience, cort- fidcring the nearnefs of thofe idands. ■^*"* ^*:^">-^ It feems, that where fhips and their cargoes had been feized for having regifters illegalli^ granted, the lords of the treafury had often di- rcfted, if the regifter appeared not to have been obtained by any finifter means, that the cargo Ihould be entered on condition of delivering up the regifter to be cancelled. ^ ; ' - Upon the fecond point they obferved, tnat the difficulty of identifying a Ihip was much increafed by a frequent change of name, and they recom- mended that the name of a ftiip Ihould not in fu- ture be altered, after it had been once regiftered. Prom this regulation it was thought no material inconvenience would folloWj but that on the con- trary an cxptncc, which was then too frequently incurred through the mere caprice of the owners, would be faved, as the law then required the fliip to be regiftered de novo on every change of name. They further recommended, in addition to the direftions of ftat. 7. & 8. fVill. 3. c. 22. f. 21. that upon the transfer of any fliare in :i Ihip, even in the fame port, before any indorfement thereof was permitted, an oath ftiould be taken by the perfon or perfons to whom it was transferred j and that upon every change of the mafter of a Ihip, an indorfement thereof ftiould be made on the regi.fter ; and as the parchment for regifters in ~ ' '. '.-^ V' ,::'■ .., , ■ - 421 M,Uh^ PARTirr.^' FROM THE n T0*,». 1806, Sriliih Sliipt,- i 'i i FROM TUB PEACE 1783, . ^ TO A. D. 1806. iiiaorlemcnts. JirUinh Siiipt, ,, ;;'.-.i-?5A.:;.^ tHE LAW OF M-tH? ■. . future was intended to be much larger, it was thought there would be fuBicient room for both Upon the third point they recommended, that the form of the ojith upon which the certificate was to ilTue, (hould contain the occupation and place of refidence of each owner j if they rcfidcd in large tt>wns in England, the name of the pariih likewife i and if in any factory abroad, the name thereof, The owners attending to take out the certificate fhould alfo fwear, tha^ they were truly and liond fide fubjc6ts of Great Britain, and that none of them, nor, to the beft of their knowledge or belief, any of the other perfons having any fhare or property \n fuch (hip, had tak^n the oath of allegiance to any foreign ftate, except invoi.mtarily, under the terms of fome capitula- tion to be noticed in the oath \ and that no ^< reigner, direAly or indir^ftly, or any other per- fon than riiofe defcribed, had any ftiare or intereft in the fliip. And they fubmittcd, whether it wouid pot alio be expedient, that the deponents ihould pake oj^th, not to fell or transfer any Ihare of the fliip to the fubjed of any foreign ftate, without giving immediate notice to the commiflioners of the cuftoms in London and Edinburgh^ and the fame if any other perfon having a Ihare Ihould fo transfer it, as foon as it came to (;beir knowledge, in order that t;hc fegifter migi>t bf called in and ^cancelled. «^ ?iv a *v;.^.; :^^ V v. Upon the fourth point it was judged, that fuch ^ circumftantial defcription of the (hip might be ■ • :' ' -i' . made SHIPPING AND NAVIGATION. made in the form of certificate, as would enable any officer of the water-guard of the cuftoH>s to prom the afcertain the identity of it ; Jtnd they propofed, to a. k leue. that, before rcgiftry, all fhips fliould be furvcyed -bw^va shtpt. by an officer of the cuftoms, -Tilled by a fkilful perfon if ncceffary, and in :.*€ prefence of the matter or fome other perfon on behalf of the owners j and that a certificate Ihould be delivered to the officer who was to grant the certificate, con- taining a defcription of all the particulars required to be contained in it. Because it might fometimes be dangerous to lay a fliip on Ihore for the purpofe of afcertaining its tonnage according to the rule laid down in . ftat. 13. Geo. 3. e. 74. f. j. they propofed a cer- tain ruHe for meafuring Ihips while afioat, by which the tonnjige might be afcertained with nearly the fame precifion as when the ftiip was on ground. Upon the fifth point they propofed, that a fimilar penalty to that contained in ftat. 7. & 8. Will. 2' c.ii2. f. iQ. Ihould be arnexed to the counterfeidng of the certificate of regiftry now propofed ; and that taking a falfe oa>h Ihould be punilhed with the pains of perjury. Upon the fixth point they obferv<'d, that -by ftat. 7. & 8. /Fi7/. 3. c. 22. f» 18. ruplicates of all regifters are required to be tranfmitted to the cuftom-houfe, to be entered in a general re- gifter i but no pf naky is annexed to a failure in fuch duty.. This being a reguladon that ought to be punctually obferyed, they recommended, that , an officer granting a. certificate and delaying for ■ . F c 4 ~ , three . :Mi' ■ H nHw My 'w i ^H'Slynl fl^M ^BHBH J.JIJ flwH ^H^^^H [■^■H i V ,^';r- THE LAW or FROM THE PEACB 1783, TO A. D. 1806. British Shipt. ■/ Proposals for amcniling the it.. three days tranfmitting a dtlplitiite thereof, ihould forfeit a year's falary j if he was out of Grtat Bri< taii^, he (hould do it by the earlieft conveyance* As to the feventh, eighth, and nihth points they oblerved* that the negleft in tranfmitting dupli- cates was principally in the plantations. TH^y fubjoined an account made out by the rcgifter- general of (hipping, of the number of (hips be- longing to the fevcral ports in England,; and alfb a lift of various frauds that had been prafliied with regard to rcgifters j from which it ap^ per^rs, that regifters were frequently and without concealment granted in the Weft Indies to Ame- rican fubjc(Ets of the United States, who, under cover ^hereof, carried on trade with our planta- tions. The commiflioners conclude thcif report with fubmitting the following outline of a propbfal f6r an alteration in the laws relative to (hipping : First, That no Ihlp or veflcl fhruld be inti- tled to any privilege as a Briti(h-(m?w€rf Ihip that^ was not Britifti-built, or condemned as prize, the^ property of Britilh fubjei? 'I* - which regiftry fhould be required after i Jamiaryr 1787, the like certificate ihould be produced from the builder, with an affidavit as to the identity. Thirdly, That for every fliip built in any of the colonies or plantations for which a certificate ihould be ^rst granted after i January 1787, there fhould be paid, on its arrival in any port of Great Britain, a duty of 5/. for every 100/. of the real value thereof (the value to be afcertained on oath) J the payment of which duty Ihould be cer- tified by the colleftor and comptroller, by indorfe- nient on the regiftcr. They obferved on thefc propofals, that the firfl. would, within a few years, occalion the cx;- clufive employment of Britilh-buijt Ihips ii> every trade wher^ any privilege was at that time allowed to foreign-built Ihips owned by QritlHi fubjedls, The fecond wouJd* by means of the bull4'^«*'5 cer- tificate, prevent a fraudulent ufc of regifters, The third propofal, as tp the duty, would not more than compenfate the revenue for what it would receive on the foreign materials fubje^ to duty necelTarily ufed in fhips built in this king- dom } and niight encqursige the building of Hyip^ in Great Britain, by putting the builders here, and thofe in the plantations, on a more equal footing. The committee of privy council were of opi- nion, thefe regulation ;> fhoujd, without delay, be propofcd to parliament J but that, inftead of th? oaths recommended for the performance of adls to be done, the compliance therewith fhould rather be enforced by bonds and penalties i and that the ; ' \* • ■ ' . • ' . duty "'6,:- i*oM Tf»r SHIPPING AND NAVIGATION. duty of 5/. on plantation-built (hips fhould be poftponed for further confider»tion : and as in many of the cafes where rcgifters might have toaTo/jw*. been obtained contrary to the laws then in force, flriUshUhp there might have been no fraudulent intention, the committee were of opinion, th^t a power ihould be yelled by parliament in his majeHy for ^ liipited time to grant relief to fuch owners. Their lordlhips accordingly on 7 April made 4 rqjort to his majefty tp that effc.^ j and at the fame time laid before his majefty the report of th? . commiflioners of the cuftoms. The committee for trade and plantations then proceeded to the framing of a bill to be brought into parliament. This was two pionths in pafling through both houfcsi and during tliat progrefs, ic was very minutely examined, both within and ' without doors, and underwent many alterations. SoAfE ftruggle was made againft the intended daufc for preventing owners from changing the names of ihips j but at a numerous meeting of merchants, aflurers, and owners of Ihips, where this clause was taken into confideration, it was rcfolved, that this regulation would anfwer a very good and falutary purpofe, and would prevent many frauds being committed on the merchants, aflurers, and fair traders, who h^d been continu- ally expofed to impofitions and great lolfes, for want of fuch a regulation j and this refolution was" communicated to the lords of. the committee for trade and plantations. '■-■. - - ;- .•.., .. At length the bill pafled into a law, making ftat. >.v, \ I ^ i -^ *k-.. »' o . ( )' The law of Tiinjf PART III. flat. 26. Geo. 3. c. 60. intituled, 4*^ Act for the "moM Till further Increase and EtK^ou^'agement of S/iip^ TOA. n. 1806. ping and Navigation i and die provil^ons of it ■i;.r)^ Stat. 26. Oeo.3. C.60. V Tun zd: begins by ordaining, that no fhip or reffeX foreign-built (except fhips condemned as prize), nor any (hip or veflcl built or rebuilt upon a foreign keel or bottom, in the manner before that time pradlifed and allowed — that none of thefe fhips, although owned by Britilh fubjefts, and navigated according to law, fhould any longer be intitled ro the privileges or advantages of a Britilh-built ftiip, or of a Ihip owned by Britifh fubjeAs. I It to this, three exceptions of a tem- porary nature were made : Pirft, Any foreign- built (hip that before i May 1786 belonged wholly to any of the people of Great Britain or Ireland, Gucrnfey, Jerfcy, or the ifle of. Man, or of any of the before-mentioned colonies, iflands, plantations, or territories, navigated according to law, and regiftered in the manner (Jirefted by the aft, were to continue to poffefs the privileges of foreign-built Ihips. Secondly, Any Ihip built or rebuilt on a foreign-made keel or bottom, and regiftered before i May 1786 as a Britilh ihip. Thirdly, Any fuch (hip begun to be repaired or rebuilt before i May 17815 may b<; regiftered under this aft, on an order from the commiflioners of the cuftoms in England or Scotland, if it is made appear to them upon oath, that fuch ihip was ftranded by aft of Providence, and not with aXraudulent interit, and wasj at the time of fuch kfi! ftranding rnoM 1 HI riAtr 1783, TO A. I). 1806, Dritif.'i Shifu SHIPPING AND NAVIGATION. (Iranding, the property of fome foreigner; or ^ac fuch ihip was a droit of admiralty, and was rendered unfit to proceed to fea without under- going a thorough repair in this kingdom, and was neceflarily fold for the benefit of the foreign owner j or being a droit of admiralty, was fold under an order or commifTion from the court of admiralty^ and fairly and openly purchafed by a Britifh fubje<5l, and has been fo much repaired fincc it was his property, that two-thirds of her at Icaft arc Britifh-built. v -r . • ., .' Such were the defcriptions of fliips to be ex- cluded henceforward from the privileges of Britifh (hipping, and fuch the peculiar circumfta jcs tha^ were fuftercd to exempt from cxclufion fom". which came under thofc defcriptions. ? * * ; ' The privileges of a Brituh-built Ihip a'c; », ge- J^-n^^',, ''" nerally fpeaking, to be confined to luch fhips only as haVc been taken and condemned as lawful prize, and fuch as are wholly of the built of Great Britain or Ireland, Guernfey, Jerfcy, or the iQc o( Man, or of fome of the colonies, plantations, iflands, or territories, in Afia, Africa, or Ame- rica, which at the time of pafling the aft, or at the time of building the Ihip, belonged to, or were in the pofleflion of, his i;; ;i?fty*. Such, and fuch only, was m future to be the quaUfication of a Britifh-built fhip. To tliis alfo were fubjoined the following exceptions : Firft, No Ihip is to be deemed Britifh-built which fhall be rebuilt or repaired in any foreign port or place, if fuch repairs exceed fifteen fhillings per ton, unlefs ♦ SerM. li \U I i-' u '[ / .Tt;.::s, 430 THE LAW Ot ' «''^ii'^ i I PA RT i n .^ -unlcfs they are ncceffary by reafon of. cxtratirdl- noM TM nary damage fuiftained during her abfence from TO A. D. 1806. the king*$ dominions, and to enable her to per- Briiitk Shift, form the voyage in which flic is then engaged, and to return in fafcty to fome place in the king's .dominions. Be POKE luch repairs in a foreign port are made, the mafter is to report on oath the condition of the Ihip to the Britifh conful or thief Britifh offi* cer, and caufe it to be fur\?ieycd by two pcrfonj approved by him, to deliver in writing an ac- count of the damage, and verify before him upon oarfi, the particulars and amount of the repairs ; that they were neceffary to enable the fliip ^ per* - form her voyage, ahd return to fome place* in the king's dominions ; which the conful is to .certify under his hand and feal. If there is no conful or Britifli officer, then thefe particulars are to be verified before two known Britifh merchants, whofc certificate is to be of the fame force. The mafter, at the firft port where he arrives in the king's dominions, is to make oath before the colleftor and comptroller, if required by them fo to do, of the nature and amount of the charge or ex- pc ice of fuch repairs : and if the repairs appear to exceed fifteen fliillings per ton, or the mafter negleds to deliver the certificate, the ftiip is to be *SeLt.<2. deemed foreign-built*. • ^;: - -w Of Reguteripg. Thus far thc aft is employed upon the bnilt of fliips : the whole of the remainder of the aft is taken up with the various regulations about re- gkteringf which we ftiall now confider, Itailng V them ;o^; 1-^ ):^^^ i-:'-^^ u.. * rt are made, condition of Britilh offi* two pcrfonj iting an ac- re him upon the repairs} ftiip ^ per- : place^ in the is to .certify no coiiful or s are to be "hants, whofc The mafter, n the king's ic coUeftor m fo to do, large or ex- paits appear the mafter (hip is to be iv on the bttUt er of the aft 3ns about re- fidcr, itau-.g them (MM TMI riAce 178% TO A. D. 180«. British Shift, SHIPPING AND NAVIGATION. them as briefly as the nature of them will allow. It was defigned to make fome alterations and amendments in flat. 7. & 8. fVilL 5. and to ex- tend that a<5fc to other fhips than thofe particularly defcribed therein. Every Ihip of veffel having a deck, or being of the burthen of fifteen tons, and belonging to I a fubjeft in Great Britain, or Guernfey, Jerfey^ jor the ifle of Man, or any colony, plantation,, illand, or territory, belonging to the king, is to i3e regiftered by the perfon claiming property therein, who- is to obtain a certificate of fuch re- giftry, in the form given in the adl, from the coUeftor and comptroller, if in Great Britain or the ifle of Man ; or from the governor, lieutenant- I governor, or commander in chief, and the prin- cipal ofiicer of the cufl:oms, if in Guernfey, _Jer- |fcy, or any colony or plantation*. Such certificate is not to be granted but in the I port to which the fliip properly belongs, except prize-fliips condemned in Guernfey, Jerfey, or Man, which are to be regiftered in a particular manner; and except cafes where the officers are fpecially authorized by the commiflioners of the cuftomsf. The port to which a fliip fliall be t Sect. 4. deemed to belong, is the port from and to which Ihe ufually trades, or, being a new fliip, fliall intend to trade, and at or near which the hufl^and, or adtlng and managing owner, ufually refides J. No fliip the property of the king or royal family, nor any lighters, barges, boats, or veflels, of any ' \ii\t or defcription whatever, ufcd folcly in rivers ♦ Sect. 3. Sect. i I Ml ^■1 !;>-' or ■vi^^;'.^7)^ ■>'?^> PROM THB T» A BniitkJUmpii * Sact. 6. fSoet: J Sett. 8. § Sect, 10. p/^.. .THE LAW OF . ■ ; 1 q I H? dr mland navigation ^ need be regiftertfd j «nd no ^ (hip built in the United States, ur owned by the D.48o&f people th^^rcof, during the time the proliibttory afts were in force, and not Ipeforc regiftered, is intitled to be regiftered, unlefs it has been condemned a$ prize, or having been ftranded fliall have been buiJt or rebuilt, and regiftered in the manner bev fore practifeu and allowed f. No fubjedt whofe ufual refrlence is out of the king's dominions fhall, during Pich refidence, be intitled to be owner, in whole or in part, of a Britifh fhip to be regiftered under this a6l, unlefs he is a member of fome Britifli fadbory, or agent for, or partner in, any houfe or copartnerftiip aftually carrying on trade in Great Eritan or Ireland J. , ' .. The oath prefcribed in the ftat. 7.& &.7i/^i//. j. is repealed, and another oath, the form of which is given in the a6t.. is required to be taken arid fub- fcribed b'.'iere the perfon making the regiftry and granting the certificate. This oath is to be taken bytheowtirrj and, if there are two joint owners, by both, it ihey both live within twenty milesvcf | the port, otherwife hy one : if more than two, then by the greater part, not exceeding three, if j fuch greater number of them are refident within twenty miles of the port i or by one, if all fhall be refident at a greater diftance § j and where one of three joint-owners takes the oath, he is alfo to fwear, that thofc who are abfent . are not refident within twenty miles of London, and have not wil- Sect. 11. fully abfentcd in order to avoid thp, oath, or arc I prevented by illnels||. lo , :;J^ l^'0';iS -•'.■ x.i ""PT' ' That! .,' *; :V , SHIPPING AKb NAVIOAtiON. .'^'t' I'^iS:. ;■, • 451 PATIT 111. V FRnM TH« MAC. 1783, TO A. p. J806. Briliih Ships. That the pFoper officers may be afcertained of the Ihip to' be rcgiftcred, one or more perfons are to be appointed by the commiffioners of the cuf- tomt in England and Scotland, and by the go- vernors' In the plantations, for examining and ad- ' ^ meafuring fhips, as to the particulars contained in the certificate j and he is to deliver an a(f count t thereof to the perfon who is to make the regiftry ;.' - arid grant the certificate: fo me perfon attending on the part of the owners is alfo to fign his name to the certificate of fuch furveying officer, if hq agrees to the contents of the account*. If fuch *Sctt- '2. officer give falfc defcriptions of any of the parti- culars fo required in the certificate, or any perfon makes a falfe regifter, or grants a falfe certificate, he is to forfeit lool. j-. Becaufe fhips cannot al- tscc*i3« ways be brought on (hore to be meafurcd, a rule i8 laid down in the aft, to be obferved in meafuring ^cm afloat J, X sect, u, ' A BOND is to be entered into by the mafter, and The Bond, fuch of the owners as perfonally attend, at the time of obtaining the certificate of regiftry, conditioned, that the certificate fhall not be fold, lent, or other- '' wife difpofcd of, and fhall be fplely made ufe of for the fervice of that fhip j and that in cafe the Ihip I Ihall be loft or taken, burnt or broken up, or other- wife prevented from returning to the pore to which Ihc belongs, the certificate, if prefer /ed, fliall be delivered up, within one month after the arrival of the mafter in the king's dominions, to the col- ledor and comptroller of fome port in Great Bri- luin or the ifle of Man, or of the Britifh planta- F f tions. L I' I ■^1. !^ PART ni FR9M TUI MACE 1783, TQA. D. 180$. British S.)ifi. / / f sr. '■' ■ . 'Vf AFr A i ■ T HE L A W. O^ i. ( .7 ^ , J., ^ . ' dons, or to the governor 01; licUt^nai^t-goyWJiof of Guernfey or Jerfey j and that if any forcignei; IhaiJ become intitled to the whole or any ihare <>|: i|H^r reft in the fliip, the certificate fhall be dcliyfrred up^ within fcven days afier fuch transfer of ipfop^Rty, to the perfon authorized to make rcgiftry and grant certificates, if fuch transfer fhall be within the li\ niits of any port in Great Britain, Guernfey, Jer- fey, Man, or the Britifti colonies i &nd if in any -: :l :.u foreign port, then to the conful or other chief Bri- tifl-i officer refident there ; and if at fea,.thc0 to the conful or other Britifh officer at the firft port where the fhip (hall arrive, immediately after arrival j or if the port at which he firft arrives is in Gn;a$ Brj- %.:-^.^': tain, Guernfey, Jerfey, Man, or the colonies^ then within fourteen days after arrtval; and if there is any Mediterranean pafs, it is to be delivered up, together with the certificate of rcgiftry. • Tl>e cer- tificates are to be tranfmittcd to the commiflibners of the cuftoms, and the Mediterranean paffes to the admiralty *« ?^, -.y-Motidi ot lo-ii^di b:>ii(m •■. The next alteration regards the indorfement di- reded to be made on the certificate of regiftry by flat. 7. & ^. JFiiL 3. Befides that indorfement, Indorsement on thcrc is alfo to bc indorfcd, before two witneffeSj the Certificate. . ". " the- town, place, or pariih, where the person re- fides to whom the transfer is made i or, ifhelives in fome Britilh faftory, the name thereof) if in forac foreign town, and he is not member of fome ' Britilh fadory, the nanip of the tow«, and alfo tlie name of the houfe 6r copartnerfhip in Great Britaiaor Ireland whofe agent or partner he is; ♦ Sect. 15. SHIPPINCS AUD NAVJGATION. ' ' 4^5 find^thc jiieHbh fo whom the transfer is made, is to part in deliVeJP 4 copy oi fuch indorfement to the perfon "<>« the authotizM Co make regiftry and grant certificates, toa.d. 1806 Who is to caufe an entry thereof to be indorfed on *"''»ASA/p»- the oath upon which the original certificate of re- giftry was obtained, to make a memorandum of it in the Bbok of Regifters, and give notice thereof to the commi.T:->ners of ciiftoms in England or Scotland under whom they ad *. ^ - "' ' t sect. le. As often as the property of a fhip is transferred bhi of Saie. from one Britifh fubjedl to another, in whole or in part, the certificate 6f the regiftry is to be truly ind adeurately recited in words at length in the bill of otftcf inftrument of fale, otherwife the bill of filfc i« to be voidf. As often as the matter is t Sect. 17, chttnf^ddi lihfr certificate of regiftry is to be deli- vered' by" the ttiafter or owner, at the port where the chai^ge is made, to the perfonauthorifed there to grant certificpies, who is to itidorfe and fub- fcribe a memorandum of fuch change, and give notice thereof to the officer at the port where the ' ^ Ihip was laft regiftered, who is to make a memo- ' randum of it in the Book of Rcgifters, and give notice of the tfanfaftion to the commiflioners of the Cuftoms J. 3n«lT^Ki ip-^rionni -on -prisufi?^ -p.'y- % Sect. is. It has been before noticed, that ' ■ x chanmne of 9*"^* *^ 7 Name. the names of Ihips had been a mode longpradlifed for defeating the efFcfl of tlie regifter-lav/s. To prevent this in future, owners are not to change the name by whiih a Ihip was firft regiftered i and they are, within a month aftc i'le firft regiftert'f^, to paint in fomc confpicuous part of the ftcrn, hi '' F f 2 . - letters #" ^,: m $ ■ y %■■ ■ v. \ J v:-1l-'V I m THE LAVf Ofj^^'^'i^m FROM IHK M.ACE 1785, TO A.D. 1806, British &tij)s. ♦Sen. 19, .i9«; + Se i. CO, 21, C<:riiCcri{« lost or mialaid. * Sect. 22, 23. § Serf. 54. PrJEC Ships. letters of four inches length, the name of the fhip J and any owner or mafter obliterating oi' con»- ccaling the name fa painted (unlcfs in fquarc-riggcd vefTcls in time of %<'ar), or in any written or printed paper defcribi?p; a fhip by pny other name ttwn "^ * that by which ilie lai regifteret!, or verbally de- fcribing i;er by ■.my oth-zt r ;mc u: ^n officer of the cuft-ms, is tofbifcit iool.*.!v- ^K.«^PMfiiiiriJwc^ Pr:RS0Ns applying for regiftry for any (hip built after i Aug. 1786, are to produce a true account, under the hand.* of the builder, of tne time and place of buildiig, thf; tonnaf*-' . and the name of the firft purchafer, and make oath that « he fliip in queftion is the famef. w'^L-^^i'-^^^^^^'^^H."^^;^'^^^^ *^^ , ^'lii'*.^'!! If a certificate of regiftry obtained under tWs aft is loft or mifiaid, a regiftry or certificate ip Ihall, after regifterlng, ' he alteVed in form or burthen, or be converted from a (loop into a brigantinc, or from any one denomination of veffel to another by the mode of rigging or fitting, ihe muft be regiftered^/e novot as foon as fht returns to the port to which (he belongs, or to any other port where flie may be legal'y regiftered, othcrwife fhc will be deemed a foreign fhip §. The owners of prize-fhips, before regiftering, aire to produce a certificate of the condemn' :> under the har. i .ud feal of the judge, atid alfc .a ac- 1 '' : i * '■ count '"A SHIPPING AMD NAVIGATION. ^7. PART in. FROM THE PEACS 1T83, TO A.D. 1806, Britith Shipu t Sect. 26, $ Sect. 27. €^:'>l - . ■ •:. In* order to make the affair of regiftering more clear, a diftindion was to be mgde between Bri- tilh 'built fliips, which are alone qualified for the plantation -trade, and fuch foreign Ihips, as are owned by Britifti fubjefts, and can only be em- ployed in tlie European trade, in which they are allowed to continue till they are worn-out, it was ordained, that the certificates fhould diilinguifh the fliips in thefe two ways, eit* er by being intituledj C^ilijicate of British Plantation Registry-, or, Certijicate of 'Potdgn Ship's Registry for the European Trade, British Property §. To carry this part of the a, and ^ny (hip departing from port, without b^ing^JTorcgiftcred,, and. having obtained a cerci- ^^i is to bj: foiffeited *. If, after the expira- Uf^n pf the above notice, any ihip, being fquare- rigged, fhould be fouqd in any port within the ^iftance of twenty leagues by water from that to which Ihe belongs, or not being fquare- rigged, be found in any port but that to which ihe belongs, without having obtained a certificate of regiftry, fhe principal officei of the port is to detain fuch ;P)ip until the mailer give bond in a penal fum (,yrhich is piroportioned to the different tonnage of gjiips), vKith condition that he will forthwith (or, j^irig eavploycd in the Newfoundland-fiihery, ac tlie ''nce gf the pQrt and thei nature of her voyage. I In ; the cafe of Iquare- rigged ihips fo circum- ilanced, or if the water of the port to which a fqua^e-rigged iliip belongs h fo fliallow as not to ?idmit her without danger, in either of thofe two cftfpSy the mailer is,, within forty-eight hours, to make, known his arrival to the colledlor and comp- troiler, and require him to caufe his fhip i "^ fur- v?y?d i and fuch furvey iliall be certified, as be- fore dircdbed, and the certificate ihall be tranfmitted \iy. tl;s qiiicer to the officer atjhcport tq, \yhich the PART HI. rncm thb ■ pi'ACK nw.\ TOA. D. 1806. Brilish Ship*. * Sect. 3'i. tk isit Ff#; flii.p t Sact, M. 44A .«aiT' THE LAW or /"?«^tlb ' ^PART fff.^ (flip belongs, who, 'upon chat and other rcquifites *iioM THE being complied with^ is to rcgifter the ihip and TO A.iw iH'Ms. grant a certiticate ; aad the officer of the firft port Briikh skpr. may dctaiH fuch ftiip till tnc furvcy is made*. rn oh- ♦ Sort. '\'}, ■ . The maftcrsct fliips arc, on demand, to pro- duce their certificates to the principal officer in any port in his majefty's dominions, or to the Britifli conful or chief officer in any foreign port, in order to fatisfy them that fhe has been properly regiftcrcdi rr ^^ i!ie penalty of I ool.f or.«';fMVi'>i b'ji^h The officers are to number progreflively the cer- tihcates as dicy are granted, beginning afrelh at the commencement of every year. They are to enter an exadl copy of each certificate in a book, and within one month tranfmit .0 the commiffionf rs of the cuftoms a true and exa6t copy, together with the number thereof, under the penalty of lopl. for rhe firft offence, and for the fecond offence 2col. and under pain of difr Hfal from ofF ** tl-^* uois- The commiffioners of the cuftom' 'i Scotlan are to tranfmit copies of certificates t,ranted hy them or their officers to the commiffior of the cuftoms in England §. The fees of rcgiftry arc Ipecially limited by the aftjl. y-rci. ^a>- ;o q..;. Lastly, it was declared, that all former a£ls made for the regiftry of fhips /hould be taken to extend to fhips required by this att to be regif- t':red**. ■ ...n; ...... --■ri! ;;.:.';..iiVi' _ii; ;;;,.;r . Such is the d'»*:ail of regulations contained in tlil : aft. To thefe are fubjoined two provifions of a fncci?! nature; the one regarding fhips whdfq owners were fuppofed to have a claim of liierit, ■.su.',..:;- • •. , ,i(i-. , and 1 >\. SHIPPTva AWO NAVItiATION. and wqr to be i Iged with a rcgiftery although hy the terms f i iis law they were not entitled to' from irui^ iti the other refpedls (hips belonging to the king* to a.ix uo^ dom of Ireland. f^" '-.cA if<*4>!-.f,.-,^r„ BrititkSiupK At the time of evacuating the countries held by bis majefty's forces in America, many ^milies who had property in ihips, removed into the Britilh colonies. To fuch perfons, and alfo to others who had the fame fort of property, and had ren- dered fervices to the caufe of Great Britain, the king's governors and officers of the cuftoms had granted or promifed regiftcrs. Again, re- gifters had been granted or promifed to other (hips by governors under a mifconccption of the law, and the property of thofe Ihips had been, bond JidCt transferred to others of the king's fubjefts, who wider pr6tefl:ion thereof continued to em- ploy them. It was now thought proper, in confi- dcration of , the merit belonging to the firft de- fcriptionjof Owners, and wherever in the latter cafe BO fraud or coUufion appeared, that thcfc (hips Ihould be admitted to a regiftry. Accordingly power was given to his majefty in council to order any (hip of the above defcriptions to be regiftered, and have a certificate, and to dired all proceed- ings to be ftaycd in fuits commenced for condemna- tion of fuch (hips, upon fuch terms and conditions as he in his wifdom (hould think fit*. Governors *scct.38. iti the plantations were in like manricr empowered to caufe all proceedings in fuits of the fame kind to '*|t be ftayed, if they faw juft caufe for fo doing, until his majefiy's pleafure was known j they were to - - „..js. iw tranlmic , ' I rnoM TH« rxAce I'lBS, TO A. a. tSOiJ. Britith Skip*. *SitQU'JS. *V. I. III I >;i I t &tct. 44. 1 ; Sect. 1, 3. "%-^ t iTv,-, THk JLAW OF tranimit hither copi«^ of the proceedings^ toge- ther with their real uas for cauHng them to be ftayed*. a,. ;^i. i r.. The provilion rcfpcdling Ireland was^-fbrcoQi^ tinuing to ihips belonging to perfons rcfiding in Ireland, the privileges they were entitled to, before the pafling of this ad, until the end of four months after the commencement of the next fcflion of tiic Irilh parliament; in which fcfTion it was expe(fled an aft would be paffed fimilar to this, for rcgifter- ing the fhips of that kingdom •» and therefore the aft furtlier goes on to provide, that from the end of thofc four months every fliip r^giflered in any port of Ireland, under regulations fimilar to thofe in the prefent aft, /hould continue to enjqy the privileges of a Britilh-built (hip, or foreign- built fhip owned by the king's fubjeds, aij the cafe might be, according to the provifion*: of this aftj". '- ^' '"*''''', '"'rr*' >"".»»(.)[ 1"o 8fr»"j«*'J *ir{v^''-^';! In the following felTion of the Irifli parliament an aft was paffed containing fimilar regulations about fhipping and navigation j and the Kngiilh parliament in flat. 27. Geo. 3. c. 19. confirmed cxprefsly to Irilh fhips regiftercd under that ael;, the privileges of Brltifli-built or foreign-built fliips, as the cafe might be ; tliofe regiftcred under the former laws were to enjoy the fame privileges, as the cafe might be, till the expiration pf the time appointed by the commiiTionL-rs of the revenue in Ireland for regiltcring under the new aft J. But if any Irilh (hip Ihould have been prevented by un- avoidable neceffity or rcaibnablc caufc froni retiirn- ing SIIIPPINO AWO NAVIGATION. ¥ ing t© port In Ireland, and the fame was proved to the iiitiifaction of the commifTioncrs of the cuftoms in England and Scotland, they might permit fuch fhifp to enjoy the privilege for that time only, and (0 clear out to her port in Ireland, and to no other port, for the purpofe of being regiftered*. ..i^.\ Thi plan of reguladons made by ftat. 26. Geo. j. were not fo well confidered, but that the experi- ence of a few months pointed out fomething to amend in a piece of machinery fo extenfive and complicated as this. Some of thefe defedls were correfted in ftat. 27. Geo. 3. juft quoted. Thus, in the oath to be taken by owners for the purpofe of obtaining the reglftry, the perfon taking th«f oath is to fwear, dhiongfl: other things, that he has not, nor has any of the other owners to the beft of his knowledge and belief, taken an oath of allegiance to any foreign ftate whatever, except under the terms of fome capitulation. This, though aimed chiefly at Americans, was found fo largely worded as to comprehend perfons refiding abroad in faftories and in foreign towns, who were objects I* rather of praife than of blame $ it was therefore provided, that an oath taken for the fole pur- pofe of acquiring the rights of a citizen or burgher in any foreign city or town in Europe, to be en- joyed only during rcfidence there, and for a limited time after fuch refidence, fhould not be deemed an oath of allegiance within the meaning of this aaf. ':.'''■ -.'^i -^-^ ■5:,..'f'-^: '.-!!■ ,*.;:*.,;;„:, ;■ Again, the oath, as far as it regarded the pro- perty in the fiiip, could not flrid^y be taken by 44> PMUM 't'HR PKACt 1783, iO A. D. lb()<>. DiUith aiu^t ♦ Sect. 3, AmcndmrnU inaitu in SUt. -6. (»'w, J. c. 61). %■' t Seel. any ■J ■ 1 f .^':- h /' ••• 444 PART HI. -y:,.^~ THE tAW Oti^ any one where ,the fhip belonged to the Eaft In- ^oe1783 ^^* Company, or any other body -corporate j a TOA.D. ifc^xi. new oath therefore was dcvifed to be taken by the BriHthShipt. fecretary or any other officer authorifed by the ♦ &ct.5. Company*. ;?. \ y;^- ,0*51;) ,*>« r^pit ,'. Doubts had arifen whether the bond to be given on regiftering could be entered into at any c her port than that where the Ihip was required to be regiftered : it w;as now ordained, that the commiflioners Of the cuftoms and the governors abroad might, where it feemed to them expedient, . , permit fuch bond to be taken before any perfon .^; whatever, and in fuch manner, and at foch port, -fsect,«. as they ftiould judge fit f. It was alfb ordained, . - that every new mafter of the fhip fhail give a frefhbondi and an indorfement being made to- > .:,i ties quoiics of fuch new bonds on the original bond, fliall from thenceforward be a difcharge of ; Sect. 7. it, as far as regards the former mafter J. It was thought that in the ifland o{ Nenifound- landy and in the provinces of Quebec^ Nova kSco- tiai and Nexo Brunsivick, there was not a fufH- cient number of officers to carry the a(Sb into ex- ecution, and that difficulties would, on that ac- count, be jccafioned to fmall veffels carrying on the fifhcry and trading coaflwife in thofe parts ; it was therefore ordained, that no vefTel not ex- ceeding thirty tons, and not having a whole or fixed deck, and being employed in the fiihery # on the banks of the fhore of Nev^foundland and the parts •adjacent^ or on the b^nks or fhorcs of the provinces of Quebec, Nova Scotia, or New Brunswick, p..~.: SHIPPING AND NAVIGATION. Brunswich, adjacent to the gulph of 5/. Laxo- rence% and to the north of Cape Canso, or of the '«»»» the iflands within the (ame, or trading coaftwife withm •«>' *. »• »8o« thofe iimits, (hall be fubjeft to be rcgiftered under »"''**«»'>'• flat. 26. 6r<;o. 3*. , - ,r#(Btf rnv *sect.«, -i* Again, many (hips were built in thofe places ort account of owners rending in the king's Euro- pean dominions, which could not, for that reafon, be regiftered in thofe places ; it was now provided, that fuch fhips miglit be regiftered there on the huiband or principal agent of them taking the c^th i and tiic certificate fo granted is to be of ^ force till they arrive at fome port in the king's Eufopcaii dominions, where they may be regif- ^ -^ i tared on the oath of the owners, and no longer; upon their arrival fuch certificate is to be given \ip to be cancelled f* t Sc«t. 9, Lastly, in explanation of the fenfe of that ad in general, it was declared, that all fliips pro- nouced by that a«5b not to be entitled to the pri- vileges of a Britilh-built fiiip, or of a (hip owned , by Britilh fubjcdls, and all fhips not regiftered according to that ad, fhall, although they may be owned by his majefty's fubjeds, be deemed, to all intents and purpofes, as alien fhips J. jsect. 13, Whili. the fubjed of Britilh fhipping was un- ot shippinst* der connderation, it was obferved, that the quan- tity of foreign fhips employed in the importation of goods from Denmark, Norway, Sweden, and the Eaft Country, was much greater in propor- tion^ to the Bntiih, than the foreign tonnage cm- ployed in other trades; and diat iCwasincrcafing .,.....,. ^ .,,;. in Trade. 7y, Hll ■ '-•v;... k' »ROM TItF. .MACE 1 783. TtoA. D. 1806. Briiisk Ships. THE LA\V 6> , '■.■•^if. in general, and the Britifli (hipping ei^ploftd in forpe of thcfe trades was, at the faitttJ tittw*, de- creafing. The lords of the committee for trade were defirous, that fomc mca Aires fhouid be taken to prevent this increafe of foreign fbijpping, and to promote that of Britifli j and they pr6pS5|cd for the confideration of the board of cuftoms, iisrhcther it might not be proper to augment the duty, called the aliens' duty, or petty cuftom, on fuch of the goods enumerated and defcribed in the eighth and ninth fe6tions of :ht Aft of Naviga- tion as were now fnbjeft to it, and were imported from the before- mentioned coiinrricsj and whether fuch increafe would materially operate^' to increafe the burthens on, and confequently the prices of, thofe articles, if fuch duty were increafed gra- dually i that is, by making it double from i Ja- nuary 1787, and treble from \ January 1788 : and if they thought this inconvenience would happen, then they were called upon u> confider, whether fome advantage might not - given to Britifh- built Ihips employed in thofe trades, by lovvTring the duties on thofe articles when imported in fuch ibips ; or whether both thefe methods might not be purfued in fuch proportions as mir^ht beft at- tain the end propofed, and not materially affed the revenue. This enquiry brought before the board of cuf- toms the meafures which had been purfued in former times, for encouraging Britifli Diipping; aiuifj-om the effccl of thofe meafures they col- ledcd what a|pd|red the molt probable remedy ■S.-. .• ! SHIPPING AND NAVIGATION. .C '» V.» 44^ on the prefent occafion. They obferved, that the ^-'^^'^ "^v Hgh dyty impofed by t^ie A61 of Navigation, and fkcm ihe (jitber aftsj'^ph wines imported in foreign fhips, toa.o. isoe. Jwd, given ia decided preference to Britifh Ihips j ^"'«*sft;p,, iivTprnuch ik'it little or no wine was ever imported in a foreign fliip, not even from Portugal, in Porfcuguefe^lhipping, except in time of war : that i jhe alien duty upon the other articles was, at the . ~ period when impofed, confiderable, being no iefs than 25/. per coji, on the duty then payable on thofe articles j and no part of this was drawn back on exportation, except in the cafe of currants. But, on the other hand, it was obferved, this high duty did not operate as an inducement with Jo~ yeigfi merchants to employ Englilh fhips, becaufe foreign merchants were at that time personally liable to the payment of aliens' duty on their merchandize, without regard to any dillir>6lion of Ihippingj from which duty, indeed, they had been relieved by ftat. 2,4. Geo. 3. c. 10. and in that re- fped they were now put on an equal footing with the Britifh merchant. It was lamented, that in the tra6t of time which had elapfed fince the Ad of Navigation, f^en this aliens' duty was impofed, upon all the occafions of impofing additional duties, as had been done from tinie^to time, to fupp'" jthe exi- gencies of the ftate, there had not been fliewn fo much attention, as flioujd have been, to the encouragement of Biitiln fhipping. The articles ^ enumerated ^.nd defcribed in the eighth and ninth fedions of thut adl, when impm:t!|d In a foreign lliip> il » t't THI LAW OF iJf ^R T^ii.^ fl^ip^ „Q^ became fubjefl to a very inconfiderable FROM THE additional duty. The preference given to Britiih TO A. D. 1806. fhipping, in the aCt. of tonnage and poundsge, by Britiih sitips. cafement in duries, was confined to very few in- ftances : the inftanccs in which fuch;' preference had been given in the impofition of dudes fince that adl, were few j fo that, upon the whole, it did not fee m, that Britiih fhipping had received fo much favour as might have been conferred on J it, by properly impofing and proportioning the duties of cuftoins. When they law fo many occafions let pafs without doing any thing to encourage Britifli (hipping, they were forry to notice an adt lately pafled, namely, flat. 22. Geo. 3. c. 78. which had a tendency, very materially, to injure the Britifli navigation. By this ad the articies enumerated and defcribed in the eighth and ninth feflions might be brought from any foreign port in Eu- rope, in any fhip the property of fubjedls under the fame fovereign as the country of which the goods were the produce. This law, which was fuppofed to have been made in order to permit his Prufllan majefty's fubje^s to import Pomera- nian merchandize in Eaft Fried iind fhips, was fo worded, as to,^jftend this indulgence beyond what was originally intended. This i¥^, chey fubmitted^ not only deferved to be re-caafidered, but fliould be materially corredbed ; as, in its prefent form, it would be productive of the moft ferious con- fcquences to "^he navigation of this country. As an inftauce of it, they faid, the fame indulgence ^J^ had -C: ^. . V. , .SHIPPING AND NAVIGATION. had, b and the Eaft Country, and alfo on that of other countries from whence fome of thefe articles come. But thefe objeftions would laot equally lie to a gradual increafe of thofe du- |ties, in the noanncr fuggefted. „ ^ >. As to the fecond point, it was doubted, whe- |ther lowering tl^e duty on the enumerated articles )rted in Bfiti(h-built Ihips could be recom- jmended by a board of revenue. But they thought, lif the above reafons wi^re not fufficient to diflliade Itli^impofing any additiqnal aliens' duty, fuch an laddition mi^ht be laid on the enuaS^rated goods |iinporr.ed in fhips l^ongine^to Denmark, Nor- jway, Sweden,, and the Eaft.,&Quntry, as was ade- quate to the difference of duties' and other charges ayable by Britilh fubjefts in thofe countries be- I'ond what is payable by their own fubjc^ls; and |oiit of fuch additional aliens' dii^ jrfund might Gg * W ^, be 449, PAET III! FROM I IIB . : TO A. D. 1806. Britith Ships. M- ii' * »^ i FIIOM TIIE TO A. D. 1806. Brilisk Ships, Kemffdies pro- pospd in Aid of Bri'ishShip- u r, THE LAW OP be raifed for encouraging, by bounties, the Tub- jefts of this kingdom to engage more cxtcnfively in the trade to thofe countries, and to build fhips properly adapted to the nature of that commerce j the negleft of which had operated in a great de- gree to give a preference to foreign ihips. Be- fides, it had been reprefented by thofe flcilled in fliip-building, that Englilh fhips might be built with more advantage, better adapted to thoft trades, and more commodious for conveyance ofj bulky goods, in proportion to their meafure, than any other fi^ips whatever. ' , Other remedies were fuggefted that might be applied in aid of Britilh (hipping and navigation. It was obfcrved, that lately great quaniiities o rock salt had been exported from Liverpool and Chefter, in foreign fliips, to Denmark, Ruffia, and the Eait Country, Flanders, and Germany j and this being a native raw commodity, it was pro- pofed to lay fuch a duty on it when exported in any other than Britifli (hipping, as would give a decided preference to ^em. Ag^n, the expoi of refined fugars, in forci^n4hips |o the 'countries in queftion, exceeded vcrf confidel^bly the ex- port in Britilh (hips. T{^ere being a great boulrty on this artitite, and much of it'beirfg re-landed after it had (cri»^(^ the pur|^o(e of obtaining thej bounty, it was propqfed, that lefs bounty (hould| be allowed, where die export was in any other| than a Britifh-built (hip. This would obtain preference ft|i* Britilh-built (hips j and if there (hould be aimt|mpt to fijiuggle, thefe could nod ^ ' . . fol /K^'. -:;?.- J, ■ts^,- '-•^■; ..,,.«>- :>€- SHIPPING AND NAVIGATION. ' lb CAfily cfcapc as foreign Ihips, which, afwr re- landing, were gone, and out of the reach of pe- nalties and forfeitures. This principle here meant to be applied to fugars might fairly be applied to every article of merchandize where a bounty or drawback w::s payable ; and a fmall difference made in bounties and drawbacks on thefe terms might contribute I very much to favour Britifli-built fhipping, and promote the navigation of the country. It was likcwife thought, that fome fmall differ- ence might be made in favour of Britifh-builtlhipr, I in the cafe of goods now admitted free of duty in any Ihips. This was fcen in the inftancc of j raw linen yarn, which, on importation, was ful:- I jcft to one penny per {)ound, if brought in a fo- reign fhip, and was free if brought in a BritiQi Ihip i and this diflinftion has given a decided pre- ference to the latter. It was faid to be chiefly I owing to this circumftance, as to raw linen yarn, and to the duty impofed on logwood when ex- llprted in for«|;n fhips, that we have any fhipping ' employee! in tSe Hamburgh trade, • ^ "^ '' •'^^ ; Wk have before noticed the prejudicial efFeds orftat. 22. Geo. 3. and^te remedy applied thereto by flat. 27.' Geo. 3. w%h Ja^ter fStute probably I owed its origin to t^\c. fuggc&n made upon this occafion. It is probable lUlp, that fome altera- tions afterwards made in diitiet upon articlcfs im- I ported from the Baltic fea, and the Eaft Country, were made in cdnfequence of what vf^ here thrown out. ; , -'; . - . , . '* ♦ J > . ■'"" 45 » PART III. FROM THE rsACK nStf, VO A. D. 18U6. British Ships. ■<^ls' \ '! (! ' If {\ \- '\ V 1^' \ \' 1 '^■y.. T ' -^ THE LAW OF The intereft of Britifh fhipping had, in various! f" 6e \^m i^ftanccs, been afllded by this policy of giving an TO A. D. i8()6. eafemcnt in duties to goods imported in Britifti Bniish Ships. |j,jp5 JJ5 will appear from the following view of Easement in ' * •• . . f ^hsi^"'^" ^^^ V^^^^^^^^^ ^^^ ^^^ ^^^^ purpofe, at different | times, by parliament : In the Ad of Tonnage and Poundage, aneafe- ment was given in point of duty, where drugs, I fpicery, eftridgc wool, and wrought filks from the | Eaft Indies and Italy, were imported in Englilh- ^ built fhipping, and where whale-fins were imported I in Englifh (hipping. The duty out\n'ards was alfo | leflencd on coals and beer, if exported in Englifh- built fhipping. In the Navigation A6t pafTed the I fame fefTions, a diftinftion^was made, as wc have before feen, in favour of Englifh Ihipping, by impofingian aliens' duty on French and German] wineSi imported in any other than ihipping ie- longing to England or Ireland, and alfo upon all I the articles enumerated and defcribed in the eighth , fcftion (except currants and Turkey commodi- ties), and on currants and Jurkev commpdiEi«s| imported in any other ^QA^n^m)^bum fhip- ping*. . , • • ^ . V #■ '-'■^' -^--^yt- . This diflindlion in dii|^ made ijti rcfpeA of the i fhip, M^as followed up'?3bitthe leeiflature in other initances } as on IRe importation of iron, and beaver-wool, by jftsilfifa. JVHL & Mary, r.4. raw linen yarn, cotton-wool, and goat-fkins raw and undrcfTed, by flat. 24. Geo. 2. c. 4-6. flat. 6. Geo. 3. c. 5ag^nd flat. 5. Geo. 2,' c. 35. and for a certain pcrioi «nd under certain circumftanccs, | * Sect. <). flax, * /<,».- *i SHIPPING AND NAVIOATION. flax, tallow, succus li(/uoriti(e, corn, pot-afhes, German pearl-afhes, and brandy (di.) Again, on the exportation of corn, the bounty was confined to fuch as was exported in Britifh (hips by ilat. i. Will, & Martfi c. 12, Other anticles of export favoured ■ % the duty were thcfe ; coals by ftat. 9. \Ann. c. 6. and ftat. 12. Ann. ft. 2. c. 9. ; logwood by ftat. 7. Geo, 3. c. 47. and cotton-wool by |ftat. 19. Geo,$, c. 53. Whek the old duties were repealed, and new lones formed in their ftead by the Confolidation Uft, ftat. 27. Geo. 3. c. 13. and afterwards in the Idcw Confolidation Aft, ft^t. 43. Geo. 3. c. 68, lattention was paid to all thefe cafes, and fome new |in(lances upon botb thofe occafions were added. jit appears, on examining the tables of import and I'xport in both thofe a£ls, they agree in making a Ittlfference where the importation was in Britilh- Ibuilt (hips, and where in foreign (hips, in the foU llowing amongft other articles i namely, briftles, Idown, and feathers, of Mufcovy or K.uflia ; flax, ■currants, figs, i^aifms, iron, RulTia linens, faliad-oil, llid ordinary oil oC olives j rofin, undrefled goat- llkins, iSl-ikji^ tar ^jtQ*i of Mufcovj^or Ruflia. Ifine, unmaniifaftured wpoo of various denomina- Itions ; eftridge wool ; t04|^ich may be added, oil Itures 453 PART III. F|IOM IIIR MACE 1783, ' TO A. D. ISOC. British Sh:ps. and fins, the ppoducc q£%Kales and other, crea- but thefe mufi^allo be 1K^ feritifh catching. <^ Gg ',♦.• ^1. (fl) Vid. ftat. 4. Geo. 2. c. 27. ftat. 7. Geo. 3. \Sa, 3. c. 47. ftat. 1 3. Gee. 3. c 43. liat. 2^^ \hi.zz. Geo. 3. c. 28. ^ « IP -and J '. . »^ c. 12. ftat. 7. reo. 3.. c. 25. -# I i' M ^. K^'f-^fi .^ Tfy 454 PART III. PKOM THE riACR 1806, TO A. D. 1806. Hfkiih Shipt. THE LAW OF ix'M^r - v i^' and undtr Tpeclal regulations that are fpokcit of under the head of The Fishery, In the duties laid on the articles which are the fubjcft of the Commercial Treaty with France, three of them v f didinguifhed in refpcft of the (hip; namely, wine, fallad-oil, and ordinary-oil (n.) Among the few articles that are liable to a duty on exportation, that of coais is one y and a difi ferencc of duty is made in both the Confolidation Adls in the cafe of coals, and alfp of culm, when exported in a Britifh-built fhip, and when in a foreign fhip. Besides this exprefs diftin£lion in fayour of I Britifh-built fhips, th^\t arc other diftindions in duty, which alfo operate in favour of Britifli-buiJt ihipping; as where articles imported from the plantations, or by the £a(t IndU Company, have a preference in point of duty beyond the fame articles not fo imported. ' ■^ft^^ The legal description of Britiih ihipping hat been left on the provifions of thcfc a6ts of parlia- ment paffed in 26. Geo. 3. anfd 27, Geo. 3. j but I fome amendqients have fince been made in the | requifites that relate to reg^Qpring^Jknd fome very ' material alterations in the law for manning and navigating of £|ritifh i|iDs in every one of the . . "^I'l' JF, '■.■■' -.1. ami tr'ii\t>c Sy it. (a) TKe other articles Hduded in that Treaty were fub- je£l to the fame if iiq|K>rted in fliips of the built of ei- j 'ther country, owned and navigated according to law ; namelyi vinegar* brandy, iron O'' fleel work; cotton mannfaAures, j cambricsi Uwns^|^ens, iadlery, gauzes, millineiy, porcelain, plate glafs, and elafs tufixe. i.'H; .rilt^.' ■iv,. moM tat rcACt 1703, lOA. u. 1 :ub. Britiih, Ships, SHIPPINO AND NAVrOATION. trades bcrore-mcntioned, and alfo in the fifhenes. Thcfc changes were v made by ftat. 34. Geo. 3. c. 68. Th« provifions rcfpefting regiftering come firft in the order of our fubjed, though they make tlie §^''5. ^^**ci. latter part of the adt. Th^ ciire£lion made In ftat. 26. Geo. 3. that th"- bih of Ikle of a fhip fliould always recite the ertificate of regiftry, began to be thoug' ". n ^o {ec^-et becaufe doubts transfer of property ! u. a6>. be made with- iLitrument at all in . it was how enaifted, ♦ Sect. i*. had arifen, whethc r a j might not ftill, as b '"'>' out any bill of falc. writing. To make this that no transfer, contract, or agreement for fucli transfer, fhould be valid, in law or equity, unlefs made by bill of fale or inftrument in writing. It was ena(%edt that the indorfement required by f sect. 15. law to be made on the certificate of regiftry, upon any alteratio'.i of property in the fame port to which fi fhip belongs, fhall be in a certain form and manner which is precifely laid down in * the ad. But if the fhip is abfent at the time, fo •that no fuch indorfement can be made, in lieu thereof a gn^jf of lAcyi)ill of fale is to be deli^ vercd, and entry th€rio( indorfed on the oath or affidavit J; In cafe of ,j||Biers living in any foreign i s«ct. le. country, fo th(^ ncithc^Tuch an indorfement, nor a copy of fuch bill orTal#4|^iPbe delivered, nor the other particulars be ^Ihiplisd with, it is al- lowed to be done at any t^e within fix months, but within ten days after the owner, or fome peifon * legally authorized by him, Ihall arri^ in the king- dom §, ^^ "7. ' G g4 ^ To S Seet. 11. i i i8>. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 IS|28 |U |50 "^^ ■■■■ ■UUu U II 1.6 <^ > 7. /^ * T J^'^ ■V' '/ Photographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. MSSO (716) 873-4S03 ^r ^ vV ,-* THE LAW OF To prevent maftcrs of (hips malicioufly detain- p«oM THE ing, and refufing to deliver up certificate* to the to A. D. 1806, owners, a provifion had been made in ftat. 28. Bniah Ships, q^^ ^ ^^ ^^ (relating to quarantine) which was '.t^: * Sect. 18. t Sect. 19. } Sect. 21. ,V. found inefFedlual. To affift, therefore, the owners in recovering an inftrument fo material to the efta-^ blilhment of their property, power is now given* to bring fucH matter before a jufticc of pcrce, who may convid him in the penalty of ipo/. and on failure of payment may commit h\nf to jail, for not more than twelve, nor lefs than !ix months. And upon f the juftice certifying fuch conviction of detainer an4 refufal to the officer, who granted the certificate, a regiftry and certificate de novo, may be made. i. " t In all cafes, where by law a fhip is 'to be re- giftered de novo, the officer is to demand a fight of the bill of fale, and if it isi not produced, m,ay refufe making a regittry and certificate de novo ; but a difcretion is repQfcd in the coinmifiioners of the cuftoms, and in govcfriors^of the planta- tions, upon confideratjion of circu^ftances, tp give dire^ion Jpr a regiftry jjpjf^fpcrtific^tc in fuch' callsj, '^ ' "-l^*^-^'" ■''' By ftat. 7. & S. JVilh J^wSr wlff an alte- ration of property halpperMd|[by the fale of one or more ft!ares'in the fame^^r^ affi|| regiftering, there was to be a^p0|i)vled|lment or fuch fale by an indorfement on ditl^rtifieatCl before two wit- neifes. It is now:^£*.^r f. ■ f- ' fi!- t£..^'^ jfly detain- ate$ to the in (lat. 28. which was the owners to the efta^ ^ow given* pcpce, who q/. and on to jail, for fix months. I conviftion rho granted ite de novo, 5 to be re- land a fight duced, may c de fwvoi )mmiirioners the planta- ices, to give lit in fuch m an alte- c of one or regiftering, uch fale by ore two wit- jinal owners, nay, if they 'e novo. The r- SHIPPING AND NAVIGATION. Thi laft amendment made in the law of re- . ^^^^"^' . giftering by this a<5t, Was* to fecure the due re- noM the giftering de novo, of Bridih' built (hips j where toa.d, isofi. they became in whole, or in part, the property British &iips, of foreigners, fuch a fliip was required by ftat. 26. * sect. 22, Geo. ^. c. 60. t6 proceed for that jpurpofc with all due diligence, to the port to which it belongs, or to any other port at which it may be regif- tcsed. It was now provided, that if fuch fhip did not make its voyage home for this purpofc with- out delay, it fhall from thenceforth be deemed a foreign fhip, and Ihall not again be entitled to the privileges of a Bntifh (hip, unlefs the com- midioncrs of the cuftoms, or governors in the plantadons, jihall, on con(ideration, think fit to order a rcgiftry and certificate r.r!:> THB LAW OF '^Jk':,' v^ deemed as much advantage as we could venture to claim, in our own navigation. Moreover, it was only in certain trades^ that Bri^lh fliips were required to be fo navigated. In the trade with our own plantations, in the importations from AHa, Africa, and America, in the importadon of articles of Mufcovy and Turkey,- and of fuch ar- ticles as are enumerated in the eighth fe(5tion of the A£t of Navigation, in the coafting trade; in all thefe cafes Britiih fhips were required to be fo navigated, by the A6t of Navigation. There ftill remained a conflderable extent of commerce, wh<;re no fuch reflriflion prevailed; thtis, as to the remainder of the Europesm trade, belides that of Mufcovy and Turkey, and the enumerated ar- ticles, importations might be made in Britifh ihips, without having the mafter and three*fourths of the mariners Britifh fuljjeAs; fo in all fo- reign trades, except that to the colonies, the ex- portation was ft^c from any fuch rcftriftion. There were, indeed, particular infliances, both in importation and exportation, where this reftridion had been impofed, ■ Vc price to be paid for feme advantage given, ii. . OoiiMi.« ■**r SHIPPING AND NAVIGATION. FROM THE PFAce 1783. TO A. o. 1^6, own clement to the highcft pitch, that a refolution was taken to confine our navigation ftill more to our own people. A bill was accordingly prepared for this purpofe, under the dircftion of the fame noble ^'''«a&'«^ perfon, («) to whom the maritime commerce of the kingdom has fo many obligations ; and the be- fore-mentioned ftat. 34. Geo. 3. c. 68. was paifed. under the appropriate title of " An aft for the fur- ther encouragement of Britiih mariners." 'f '^ . ' Th^ aft begins by reciting the provifions of ftat. 1 2. Car. 2. which include the (hipping and navigation belonging to the 3d and 8f:h fedticr.s of that aft ; and making thofc an example for extend- ing the fame reftriftions Itill furth'^r, it enafts that no goods, wares, or merchandize whatever (hall be imported, or brought into any port or place in the kingdom of Great Britain, or tiic iilands of Guernfey, Jerfey, Alderney, Sark, or Man, on board any Ihipfor veflH which is or fhall be regif- tered, or requited by law to be rcgiftcred, as a Bri- ti(h fhip or veflSel, unlefs fuch (hip or veiTtl fhall be navigate4i»y a mafter and thrce-fourchs, at leaft, of the mariners Britifh fubjefts*. It then goes on *sect.i. to enaft ^I^<^c4k|(hp4*^<^ ^^ ^^^ exportation f, fi^ecus. and furthff, that ml^h. Ihip or veffel ftiall be na- vigated at all, but bjrj|mafter, and threes-fourths, at leaft, of jj^ nq^riniK ^^i^^ fubjefts % : fo that ; sect. 3. now a Britilh (Jiip cannot il|>p8kr at fea, even in ballaft, withou6>fi)ch compl«jient of British ma- riners. Furthrr* with rcfpiSft to the coafting trade, it 19 enafted§, rfiat no goods, wares, or mer- § sect. 4. f:handizes whatever, (hail be carried from any one • ' port, - {fi) The Earl of Liverpool > ^„ M M 1 I V' l! i! II i ill; i ' ¥ ii / THE LAW OF port, member, or creek, or place of Great Bri- fjiou THB tain, or of the iflanda of Guernfey, Jeriey, AU To A. D. 1606. derney, Sark, or Man, to any other port, mcm- , Brimshifsr ber, creek, or place of the fame, or of any of ■ y" them, in any fuch Ihip or veffel, nor Ihali any ' fuch (hip or veffel be permitted to fail from one of the faid ports or creeks to another, inl>allaft, or 'to be employed in filhing on the faid coafts, unlefs fuch Ihip or veffel ihall refpeftively be wholly and folely manned with, and navigated by, a mafter and mariners all Britifli fubje^ls. A power is, how- ever, given to the commillloners of the cuftoms to licence any fuch (htp orveilel employed in fifbing, to have on board foreign mariners^ for the purpofe ' of inftrufting Britilh mariners in the art of taking, ^ or curing Hfh \ fuch foreigners not^cxceeding one- , fourth of the mariners on board. ^- To fecure the full cffeA of ' this itriA rule, it is * Sect. 5. enaftcd*, that the. mafter and marintEtrs fhall CQn« ^ , tinue fuch, during the whole of the t^yagc, unlefs in cafe of ficjcnefs, death, defcrtiony of of any of the crew being captured; the neceffity; of employ- . - ing foreigners in their place, to be. certified by the t Sect. i«. cohful, or two known merchtffsgpi a f^kn p&rt f. It is alfo provided, that nonC-orthe abo^ regula- tions fti^l interfere with, otmffc6t any fpecial pro- V ... ' vifion made by form^ a6ts# j©r the navigating or manning of ftiips^br^ vcflSs employed in the ntheries. ^' ^ ■«■ ix^^-rT-, To put an cna to aJl doubts, what perfbns are to be deemed Bridfli matters and mariners within J Sect. 6. the afts of navimtion, it is declared :]:, that none ,-... -, A-^ - '".. ■.-.:■,:■ . are '^ ■■>.,■ * 1a.\ :T^' Srcat Bri- ;rfcy, AU )rt, mcm- of any of Ihall any' om one of illaft, or 'to ifts, unlcfs be wholly y, a mailer rer is, how- cuftoms to I in fifbing, he purpofe t of takings ^ ceding one- i rule, it is i (hall cpn* rage, unleft of any of ofeittpioy- ifiedby the ijgnp&rtf. ove regula- fpccial pro- vigating or jred in the perfons are iners within that none arc 't- SHIPPING AND NAVIGATION. are to be admitted as fuch, but natural-bom fub- jefts, or perfons naturalized, or made denizens, "omt"" /•• f « ^ t ' n t' rt- KACE 1783, except fuch as have become fubjefts^by conqueft, t« a. 0. iso*. or ceflion of fome newly acquired country, and ■'''■*'"* ****• have taken the oaths to the government under the ^; , terms of capitulation or treaty, by which the coun- ^K, r. ' try was acquired. However, foreigners who have * fcrvcd three years in the navy may be employed* **^''* as Britifli mailers or mariners. On the other . v hand, Britifh fubjeffcs, who have taken an oath of allegiance j:o any foreign ftate (except under the- terms of fome capitulation to an enemy) are dif- qualified f* Moreover perfons fcrving, after fuch t Sect. •; difqualification, are liable to a penalty, but the fhip and cargo are not to be forfeited, if the difquali- fiCation was unknown to ^che owners. Be;tween the ports of America and the Weft Indies, negroes, ^ belon^ng to llHtifli fubjcdfcs, may b^ employed ; " ; ' and to the eaftward of the Cape of Good Hope Lafcars, and the natives of thofe countries^ as be- fore this aft. *, .;(-' .Jc: There is a faving ijfhis majefty's power to iffue proclamation# un^y^^t. 13. Geo. 2. c. 3. for the fuppl^f forcigii^camen to ferve in time of war (/i) J. The cxeflj|ition of this a^, ijke that X s«ct. 9, of the other atfts ^f niPigatio^ is fecured by for- feiture of (hip, and cargo §.^ * , The above regulationsiire|3| not to take place till the expiration of fix nionlns after the conclu- .^-^• vg|r., ;::..- '-.s fion § Sect. 10. i\!2$: m'fi ^^^r-'/ {a) There was now in force a tempprar/ aft, 33. Get. 3. c, 26. to thii efFeA. ir/ a -V .p ■- -■• , m^ J., B I i. THE LAW OP ^ fion of the war. . They afe now in full operation; moM Ym and iince the union with Ireland, they have been 19 A. B. iiiu6. extended by ftat. 42. Geo, 3. c. 61. to Ireland and - ^fiiish Shifts jQ jf jn, fljjpg . Qjiiy jf jj provided, that in time of war, Irilh merchant (hips, and privateers, may be navigated by foreign mariners, fo as they do not ' " exceed three*fourths of the crew, notwithftanding %:: s'^i«^/ ftat. 12. Car, c. 18. fo that, in ^his refpeft, the Navigation A£b is relaxed with regard to Ireland, ' r ' upon reafons that apply to thd circumftances of : , /*" • that country, not yet fufHciently advanced in ma- f -. ' ritime vigor to furnifh a greater quota of mariners „ ^ [■"<'' in their merchant (hips. * ^ • t fl It maybe reckoned among the encouragements . to Britifli mariners, that the duty on priie (hips, and their furniture was taken off, by ftat. 34. Geo. 3. , c. 70.. \_ ^ • ^<^,- The remaining provifions mad«!%by parliament refpedling fliipplng, are fuch as arofe from the circumftances of the war j and iftr€ of a tem- porary nature. The firft of thefe is ftat. 34* Geoi 3. c. 4a. It had happened tliat certain foreign co- lonics were Ibrrendered dui^^ the laft sjpr in con- fequcncc of articles of capftiilation ; oh which oc- cation i|piny (hips were pgfe Under his majefty's protcftion, voluntarily, andf-pfithout capture. Thefc rot been taken, nor ccbdemned as prize, could not> by law, attain |he r^f^ of Britifh (hips. It was juft and reafonable' to impart to fuch newly acquired fubjed^s, the advantages which they principally aimed at, in jiich furrenders, that of protefting their property, and mending their filuation; to faci- the War Ait* *fc : ??r \ / • ■ / /-■•'■ \ V ■- AiM: ;:■**. .>i' w 4^.. •• operation ; have been rcland and in lime of rs, may be bey do not ithftanding :fpc£b, the to Ireland, mftances of iced inma- of mariners )uragemcnt5 priie (hips, .34.0^0.3. y parliament >fe from the of a tcm- 34. Geoi 3. foreign co- ^ar in con- on which oc- iis majefty'^ )ture. Thcfe sc, could notj It wasjuft jvly acquired ' principally )f protefting filuationj to faci- A: SHtPPiNO AND NAVtCATIOK. facllirate this, a fpccial fort of rcgiftering was de« vifed by ftat. 34. Geo, 3. c. 42. which commu- «•»« tm nicated to fuch ihips the privileges of Britifli to a. ». i«o«. (hips in a particular manner. The dire£):ions of *"*"* **^ " this 2i6t being applicable only to St Domingo, ai^d ^ the French Leeward iflands, another a£t was ne- cciTary when fimilar furrenders were afterwards made in other parts. To provide for all fuch ^ cafes at once, thefe privileges were granted in ftat. 37. Geo, 3. c. 63. to ail foreign fhips and veflTels, which had been or fhould be put under his majeity's protection during the wai^ in confequence of ca* pitulation on the furrender of any foreign colony or fettlement. A like provifion has been made in the preient war, by ftat. 45. Geo, 3. c. 32. A fpecial mode of regiftering fuch Ihips is diredl^d in the aft. . / j^ Doubts h^i^rifen whether Britilh fhips, which had been in ^ifefllon of the enemy, and after-* wards becoming the property of Bricifh fubjefts, had re<;eived certificates of regiftry from fome of his majefty's governor^ in the colonies, were in- titled to be regiftcpca and have the privilege of Britifh fbljps. To rjhiove thefe doubts r. was enacted by ftat. 36. (^w. 3. c. 112. thatjhis ma- jefty in council might;/order all fuch fhips, which had fallen under fuch circunmances, before the pafling of that aft, to be re^erejd| conformably with ftat. 26. Geo, 3* c. 6o,^s nwrly as the cir- cumftances would admit. The necelTity of employing foripign feamen in the merchants* fcrvicc during the late times of Iioftility, % ,'_ T, .1 1 ». ■'' k. . 1 ■ « ♦• • « • ' '1 , 1-. 1 • ' t • V 1 ':■ --. 'k^" W--- ' i ■ '^■■\ V .(' ■♦■ I? 1 / THE LAW or hoftility, gave occafion to ftat. 33. Geo, 3. c. a6. («) p'acb 1183 ^^^^^ '* copied from an aft paflcd at the beginning TO A. D. 1806. of the American war, ftat. xd. Geo. 3. c. ao. ThU Briiuhsi,ip,. terminating with the peace of 180 1, another like exemption from the obligations of^ the navigation fvftem was held out after the commencement of the prefent war by ftat. 43. Geo, 3. c. 64. By this aft, merchant fhips may be navigated by thrcc- ?,, - fourths foreign feamen, and one-fourth Britifti. In both thefe afts, as in that pafTed for the fame pur- pofe during the American war, there is a faving of . 'the power vcftcd in the king by ftat. 13. Geo. 2. . ' c* 3. An aft, however, which in the prefent mode of commencing, and carrying on hoftiiities> is not likely to come into ufc, as the power there given to the king arifes only in the cafe of a for- mal declaration of war. Conformably with the pL^n tKl^ has hitherto been followed, there will now be %'\d before the reader fuch information as can be collefted from the judgments of courts, the opinions of lawyers, or other fources, refpefting the fenfe and confc- quences of thefc laws for. regiftering (hips. The reader will not expeft much^afllftance of this fort upon lajji^s which have pa^ji fo recently. But it has fo happened, that many judicial opinions have already been delivered on thcfe afts, owing to the regiftering of ftjips bping fo clofely connefted with tac owncrfhip and transfer of this fort of property. The effcft of a bill of fale not containing a re- cital of the certificate of regiftry, was fully con- fidercd in the court of king's bench, in the cafe -* - ■ -•'■-:•: of '■'■. ', . • (a) ViJ. ant. 46L ■,••:•..• Deciiiont and . Law Opinipos <■_•■■ m j.c.a6.(rt) : beginning ;. ao. Thit inothcr like navigation nccment of c. 64. By ed by thrcc- Britilh. In e fame pur- a faving of 13. Gea. 2. the prefcnt 1 hoftiiities> power there ife of a for- has hitherto |d before the llcfted from of lawyers, : and confe- (hips. The of this fort ntly. But it pinions have )wing to the ineded with f property, tainiog a re- fully con- in the cafe of SHIPPING AND NAVIGATION. of RolU'ston V. Hibbert (a). A bill of fale of a fhip then at fea wai executed by way of fecurity, 'i«^o« ^»^:^ and at the fame time for the fame purpofe was 10 a. d. 1806. depofited the grand bill of fale. The bill of fale British si^'P'. was absolute on the face of it, and in the ufual form, but it did not contain a recital of the certi- , •'' ficate of the rcgiftry of the fhip, as required by • * ] . ' the feventecnth fedion of the ad. Thefe fecu- / \ rities were all to be returned on "payment of a note , . of hand, for which they were collateral fecurit'es. The perfon giving the bill of fale became a bank- * ruptj the perfon to whom the fecurity was given - . feized the fhip on her arrival, and the affignees . - brought trover to recover her. .*' , ' ' It was contended, that the fhip could not be de- • ■ - rained by the defendants, either on the ground of a purchase or lien. - .^' v .■*■«".=.%.•', * First, It could not be fupported as a contradl of fale, becaufe the bill of fale, not being ton- formable to the ftatute, is declared null and void to all intents and*purpofes. They faid, fincc the aft, fhips can only be transferred by bill of faie, otherwife the claufe requiring a recital of the certi- ficate in the bill of fale would be nugatory. All the checks provided in the afb* might be de- * sert. 3, 10, fcated, if any other inflrum.ent fhould be peftnitred to, have the fame cj>"»"ation as a bill of fale under the ftatute. : ; . . .; jv , '.m .... ^^J - • ■ • ■ ■ J : / - ■ : Secondly, It could not be ftpported as a lien, for, being void by the flatute, it is a mere nul- ^i^;:.. ..:>^y ,,i. H h '^fr: '^ji ^, ,, ^p lity : («) 3 Term Rep. 40J, i:>, 16, n. « ;M^ ' 1' 1 it ■..'I I i FHOM TIIK T« A. D. IHU6, BnUjilf Shift, licy : and then this is a mere naked bailment, the (hip not having been delivered for any fpecific purpofc j in which cafe the plaintiffs may recover it in an aiflion of trover, or a court of equity would decree refticution. This could not be binding in a court of law, bccaufe that would be to trcate an intr.rcst in the (hip, which is exprefsly guarded againft and forbidden in the llatutc. For foreigners might fay, although bills of fale, under which they might claim, are yoid, ftill the lien is valid. Therefore, unlcfs this 'jonftruftion was put upon the ftatute, foreigners may have shorts and interests in Bri- tifli (hips, by advancing money on them and taking the grand bill of fale, and an afllgnment of the Ihip, and thus totally difregarding the provifions of this ad. t, On the other fide it was contended on two grounds. First, That this was not fu^h a transfer of property to the defendants, as the a6t was in- tended to attach upon at all i Secondly, That if it were, yet, as between thefc parties, the defend- ant, had a right to retain poflclfloi) pf.thc fhip till the lien was difcharged. ^rn 5rv,ivn >fti ' Upon the first point, they faid, the objefts intended were, to prevent any but Britilh-built Ihips being navigated in the trade of Great Bri- tain; and to prevent foreigners from navigating even Britifli-built fliips with the privileges of Bri- tjfh fubjeds}* fo !#■ \ /I .%: it fnt, the fliip ic purpofc } rcr it in an ould decree r; in a court an in it rat • againft and 5 might fay, they might Therefore, 1 the ftatute, 'e6'ts in Bri- n and taking ment of the provifions of ihrii ,,; •! * ded on two gh a transfer t A6t was in- LY, That if the defend- the Ihip till , the objcfts Britifti-buik Great Bri- ll navigating eges of Bri- navigation id unlefs the Lich in its na- thc ftiip, the aft ' SHIPPINd AfTD NAvrCATION. a£l was never intended to attach upon it. Now the whole of the riajht intended to be conferred or "«°*«y"* acquired was, that of a mortgage on the fhip to a toa.o. ihoo. certain amount j for though the bill of Hilc was ab- '^''"'* ^'^'' folute upon the face of it, yet the defendant gave ' an accountable receipt, whereby he promifed to reftore that, and the other muniments, on pay- ment of the note. The contra6t therefore was merely executory; the only right acquired was that of possfs.sioHy which was to remain as a fc- curityi he had no right to the intermediate profits o( the vy)yage, nor could, independendy of the omifllon in the bill of fale, have been enabled to navigate the'veflel }>for, he not only could not have taken the oath prefcribed by the tenth feftion, , namely, that he was the sole owner, and that no other perfon had any " right, intereft, Ihare, or * property therein," but while the fhip was at fca it was abfolutely impofllble to get at the certificate (which by the thirty-fourth fedlion muft always be kept on board), either for the purpofe of inferting it in the bill of fale, or of having it indorfed accord- ing to the fixteenth fedtion. And this argument bears much ftronger, when it appears that this dif- ficulty is providied for in the cafe of a fale to a fo- , reigner; for unlefs the Court can go fo far as to fay, that the Legiflature did not intend a lliip at fea (hould, in future, be capable of being trans- ferred to a Britifh fubjedt, this*will at lead appear to be a casus omissus in the a6t, becaufe of the impoflibility of complying with fome of the re- . quifites. ■ ^^i- ^^ - . Hha ^ Fur- 'I M^ >■ ' . *t1lOM THE PKACli \1^3. TO A. D. 1806 Bulith Slupi. p:! THE LAW Of)V!!iq gated the (hip, it was not neceflary for him to have had any written inftrument whatever, but the lien might havd attached by the mere delivery of the -thing. Having now taken this bill of fale among other collateral fecurities, it never can be faid, that if one among feveral fecurities is void, the reft are thereby avoided. ,-4*.V%^ Then, Secondly, whatever might have been the qucftion as between the defendant and third parties, at any rate the plaintiffs cannot make this fort of objedtion, ll^fiding exa<5lly in the fituation of the bankrupt himfelf, fubjed to all his equities, and bound to make good all his hondjide engage- ments. The utmoft they can alledge is, that the defendant has not the legal title j but admitting that to be the cafe, the aflignecs are bound in equity, and fo cannot recover in trover. '^' ' Such were the arguments on the two fides of thijqueftion. The Court gave judgment for the plaintiffs, and dated the following as their reafons. Lord Ken yon obferved, that this claufe wa^ couched in the moft pofitive terms which the lan- guage affords, and renders fuch a bill of fale an abfolute nullity. The ftatute, he faid, was framed by an able fVatefman, who is peculiarly converfanc in the commercial interefts of this country ; and from the experience which has already been had of it, it is acknowledged to be founded in wifdoni, and to have produced all thofe beneficial confe- ' m ii J" 4^9 W PART III.' 1 U 'y- ,mS i |« FROM THE ~ 1 ' I.SACE1783, . l| TO A.D. 18UB. 1 « ; ' jj British Sliipt. ' I • [ III 1 , ■ ■ ;■! r ■ '1 ; ' ! ' ' ' - ~ . ' ' t ': ' • ':; ": H S>J>.Vyt »ji,.. Hh.^ quences , "J; „ I ' .1 I' «ROM THE W ACE 1783, T» A. D. 1806. JSritLh Ships. -1. ■4. r / ..... tHK .LAW,, O.R^^,:qq[mj. qucnces to the commerce and fhippipgof the cic^n- try that were expeded from itjr.and thefefqr^, if Judges could have ^ny ieapi^ig in theirjimin^s on fuch occasions, they il\oqld. not have an .inclina-r tidn toput fuch a cpnftrud^ion on the; words of this aft as would tend to evade the wholefome pro- vifions of it. ,/.::: ■,.;:}, Mombnoi tfiiliE faid, it was not necelTary that the property in a ftiip ihould pafs by a written inftrument i but certainly, if the parties chufc to convey by a written inftrument, that fhews what their intention and the rights of the parties were, and they Ihall pot be permitted afterwards to refer to any other agree- ment. For if a perfon execute a bill O'f fale of goods without (lamp, fuch an inftrument cannot be received in evidence; yet the vendee cannot re-. . fort to any parole evidence of the agreement: fo here, the title of the defendant being reduced to writing, he cannot refer to any other agreement, , although the written inftrument is void by the ad, The words of the feventeenth fedion are ©ewerflr/, and make no exception of, cafes, where ihips are at fea i and with refpedl to the impoflibUity of com- plying ys'ith the requifitions of the a^ while the, ihip was at fea, the parties might haye ex- traftcd from the regiftry at the cqftom-houfe all that was neceflkry for this purpofe. It was wholly - unfounded to infift^ that if the bill of fale did not take-effedt, th^a'e was a lien for the amount i for the bill of fale profcfles to transfer th^ abfolute property j and though the property would be de- vcftfid>^'|h termediate , SHIPPINa AND MAVIOATION. terrti«drt. Ml?'*- THE LAW OF .M^Mftit '- be argued that the feHing of a ihip at fea in other cafes was not in the contemplation of the Icgifla- turc i bu? it ibcws that they only intended to make one exception, leaving all other cafes within the general words of the feventeenth fedion j be- lides, before fuch an argument is adopted, it ought to appear, beyond all controvcrfy, that the parties could not comply with the requifitcs of the fta- |ute, and that this was a casus omiiius j which is by no means to be collcdted from the ftatutc. i:^m{i As to the fecond ground, he faid, the bill of fale purports to be an abfolute transfer of the property j and the defendant having poffeffion of ithe grand bill of fale, and alfo of this bill of fale, nothing could have prevented him navigating the Ihip but the provifions of the afl. As to the dif- ficulty of the defendant's taking the oath, all that the ad requires, is, that he fhould ftate fairly and truly what his intereft was. In the prcfent cafe, the defendant had fuch a property as would have juftified him taking the oath } for the bill of fale being absolute on the face of it, if the certificate of regiftry had been inferted, it could not have been difputed j and if there was any right of redemption in the bankrupt, that alfo might have been ftated. As to what was faid upon transfers by operation of lawy thefe he held to be always excepted j but this is a transfer by the party j in which cafe the rcqu'ifites of the a6b muft be complied with. As to the arguments upon the equity of the cafe, they did not apply > and it muft be remembered, that he who alks equity, -iM: ..«.<•.-.' .V k<». I ■„ . ) •■ ^^■^;v.:."^ ..(., V 8HIPPINO AND NAVIGATION, equity, muft firft do equity j and if ji bill was Bled in this cafe, and was difTiifTed, it would be becaufe the plaintiff's demand was unconscitn" tious : but that would not decide the property of the fbip i the argument, to be of forpe, ihbuld go further, and (hew that a court of equity would have decreed a legal conveyance of the (hip; But he knew of no cafe where that court had gone {o far i if he did, it would have great weight with him i for in mercantile tranfadlions .efpecially, he thought where a defendant had a clear, indifput- able, equitable title, they ought not, fitting even in a court of law, to permit the pofTeflion to be taken from him. This firft judicial opinion upon the new Regifter Aft was afterwards brought in qufeftion in the Court of Chancery, but the party obtained no relief (flf.) >,v ; i- .^ ;,. About the fame time anotHer judicial opinion on this aft was delivered by lord Camden, then lord prefident of the council, on an appeal from the vice-admiralty court at Nassau in the Bahamas. It was in MacneaVs cafe, where a fhip had been navigated without being regiftered, and no fufE- cient excufe could be (hewn for fiich omiflion. The fhip in queftion had originally been regif^- tcrcd, and was faid to be bought by Alacneal at Savannah, in South Carolina. Having taken in a cargo there, he failed for Nassau, where he applied to the governor for a regifter. The offi- cer, wljkpfc duty it was to make out the certificate FRCM '! HE PEACE 1783, TO K. V. lOOtv British Shipt^ ■f^ •T M ^ ' 1,1 ^ («) 3 Bro. Cha. ca. 571, '.t.i-.. ¥ ) ' ,1' •- ii TO A.D. 1806. Biitifli Ships, y^ '•4 .«.! i I Vhe Law of^>'"=»^^^ ** " of rcgiftry, alledged that he had no printed fbrms left, but that he was ready to make an indorie- ment upon the old certificate, on Macneal's tak- ing the oath prefcribcd by flat. 26. Geo. 2' Mac- neal afterwards failed to Savannah ^ and returned again to Nassau with a cargo, where the Ihip was feizedj but on a hearing in the court of admi- ralty, Ihe was releafed as not forfeited. ''•^-' ■' - ■ ' ' On the part of Macneal it was now contended, that the fale of a Britifh Ihip in a foreign port was not an a£l forbidden by any law; that he did all in his power to obtain a fair and ' legal regiftry ; that it was a blunder in the colleftor not to give him a certificate, alledging he had no printed forms J that on his return to Nassa{i he mdant to renew Jiis endeavours to obtain a regiftry, his in- tention being to trade between Nassau and Sa- vannah ; and that in the cafe of a change of pro- perty in a foreign port, he was left at large as to the proper port for the regiftry of the (hip ; and having declared his intention to trade thereafter from NassaUj that, and that only, became the proper port where the Ihip Ihould be regiftered. Upon which it was obferved by the lord p'refi- dent, how inaterial it was to afccrtain, in cafes where a Ihip was fold, whether in a foreign or Britifh port, what ftiall be the port to which fiich ftiip Ihall be faid to belong y and within what fpace of time ftie ftiall repair to fuch port ? For if it fliould once be laid down that fuch aftiip might re- gifter in any other port than that where ftie was firft regiftered, he was fatisficd the adl of the 26th V A- ited fbrms n indorie- leal's tak- .3. Mac- d returned »e fhipwas t of admi- contended, n port was he did all l1 regiftry J lot to give no printed c meant to try, his in- lu and Sa- jge of pro- large as to i (hip J and * thereafter became the •egiftered. lord ptefi- 0, in cafes foreign or which fiich what fpace > For if it ip might re- ere fhe was of the 26th ..- of -:i/ SHIPPING AUD NAVIGATION. of the king, which, he faid, is founded upon the beft principles, and is wifely and fagacioufly con- f^^** •"* tnycd by the noble perlon who was the author or ^^ *. c law* it to prevent the many frauds, committed under * ^"<'** *'>*» the a(5t of king /FiZ/'iaw, would be wholly difapn - • ■ > pointed of its efFeft. r ^ He then confidered the defefts in (lat. 7. & 8» irill.3. the frauds that were committed under it, and to what thofe frauds were owing. It directs, - that in all cafes of change, .whether of the name or the property of the fliip, if in another port, it fjiould be regiftered dc novo j but in neither cafe does the a6fc give any dire6l;ion to point out the particular port where fuch fhip ftiould be regif- tered.. The confequence of this want of provi- fioninthe a6t had, been thie multitude of frauds that were continually praftifed in the regiftry of Ihips i f9r , in any port whatfoever, if a perfon prefented himfelf and took the oath required by that aft,: he was intitled to have the fliip regif- tered. For it was remarkable, that that aft re- quired no other fecurity than the tranfient oath, as he called it, of any man whatfoever who chofe to offer himfelf, and who the next minute might, flip away, and never be heard of afterwards. He faid, he did not wonder that the noble perfon ' who framed the ftatute of the 26th of the king cpnfidercd thefe frauds> and the preventing of ^^_ tliem, 4S particularly delecving his attention j and .^|l he w^i very happy to fay, that if they were right '^ in the judgment they were then going to give, he.. , believed tliey Ihould fo fully fecond the defign of '^" iM ' '. %. this fe.. .i^' <*"• 'm ' 11 t ; i . i i 1 ■ 1 FROM THE \ PIACL 1783, TO A. O. 1806, TffE LAW or ^i'^-llH* * ' thU a<^> that he would defy any man. finding a loop-hole to evade it. • ^ -v^y ■ He thought that ftat. 26. Geo, 3. was an a6t firUuhnhipi. which, in every view of it, fhould be confidered as a remedial aft j it was for pl-evcnting a public mifchief, to amend and alter ftat. 7. & 8. fFill. 3* It had appeared that frauds without number were " committed under that aft; and that was^ and was ilated to be> the reafon of making this aft. '«' HNt; , J -^The rule, therefore, of Conftruftion in apply- ■*y / > Nig and explaining the afti fliould be fuch as will moft aid in advancing the means of relief and in .** , ,c * fuppreflion of fra^d. And fhould it be confidered ' • ' iin any light as a penal aft, he was clearly of opi- nion, that everything arifing from fuch a confi- deration fhould be controlled by the other cha- , . ; ' rafter of it as a remedial aft. i^ iBf* • ■» He obferved, that by feft. 5. of the aft, the port where the regiftry ought to be made, was , cxprefsly defined the port J'rom and to which she has usually traded; and if a new fhip, the port to and from zvhich she intends to trade. It is efTentially necefTary, and exprefsly required, that the hufband's or afting owner's rcfidence -^v^. fhould be near fuch port. This circumftance of rcfidence feems to be made the moft indifpenfable I requifite in the fcftion. Befides this there are added • ftrcuriti^s, controls, Airveys of the fhip j all which ' if complied with, efpecially that of rcfidence near . the port, it fhould.fccm that fraud would be aftnoft , , impofTible. ■K- '•;T3n. H mu'. {■' Hb V ■I- s. !, SHIPPING AND NAVIGATION. He forbore making more obfervations on the ad, except only as to one point ; that is, how ^J^"^"^ "^^l^ iong time should he tUlowed ajttr the change '^'^ ^- "• ^^^^' of property in the ship for arrix'mg at the ^"*'*'*^'P*' ^ proper port where the ship ought to be regis* tered : for if the time allowed were indefinite, fo that a (hip might be trading from port to> port without regiftering, the defigh and objedl of the - a6b would be at an end. It is remarkable, that flat. 7. & 8. Will. 3. fpe- ' dfies no time for new regiftering,; no more dpes ftat. 26. Geo. 2. } but the latter aft does in one claufe* decide what is to be done in a particular ♦Sect. 24. cafe; and he thought the diredlion there given might, by analogyi be applied to all cafes of a new regiftry — " or to any other, port in which flie " can be legally regiftered by this a6l." Now there is no cafe under this act but that of a change of property in a foreign port. Every court before which a cafe of this fort comes, is to confidcr the time, Corftmon fenfe and common reafon muft fay, a fhip Ihall be at liberty to navigate • without a regifter, and (hall be proteded by lav/, if in the mean time (he is ufmg due diligence to reach a port where a regifter may be obtained. As; for inftance, fuppofe a fhip is fold at fea, and (he is then making a voyage under a charter- p^rty, and the port at which fhe firft arrives * ' after fuch fale, is not a proper port for her regif- .. • v terin^, he held (he would be juftified in going to fuch port J but that no further delay would be excufed, . • W: S.Ot^ ir^ M i!, t I ' '" 1 r I 478 THB LAW OF <*UH« PART BT.^ cxcurcci, as ftic oiight in convcivicnt time to pfo- KHOMiHK cccd to the port where Ihe can be rcgiftercd*' 3' " TOA.D. 1806. Upon the whole the rule is this: Where the Bntith tikipi. property of a fhip is transferred in a foreign port, 1 . (he mufl: with all due diligence proceed to the proper port where (he may be rcgiftered i this port muft be that of which flic is, as it were, an inhabitant. This circumllance is a part of the cer- tificate, is a part of the oath, and is elTcntially ne- CcflUry to the regillry. . ^^*«.J*' J?^^>\,='^»& Compare jMacneitVs fituation with thefe re- ** ; ^ ., qiiifites. He ^as faid to be the purchafer of this ■'^ fhip at Savannah j nothing more appears of him: • lit might fairly be aflscd, Who is he ? Whence comes he? What property has he? what rcla- ^ ' tions ? what friends ? By his own account he paid only a part of the purcliafe-money^f for the re- mainder he was to draw on merchants in Jamaica: ' , whether thofc bills were paid or not, does not ap- , , pear. Thefe merchants, by his" account, were to ' become part owners of the fl^ j which alone makes his oath jncorred, and brings great fufpi- cion on the whole tranfadion. He comes to -iV/- vannali with a cargo belonging to fome Amcri- ' ^ can merchants, but which, in the bill of lading, , ' is made to belong to Macneal j all- which was probably a mere colour to give him the credit of the property, in order to enable him to obtain a regiftry. He confidered it sis a fundamental objedion to this fiiip, that Macneal had no known rcfidence, ^ ' . He I # ^■V v- '.«■■■ PART III. FUOM IHR MACK lib.'), TO A. D. xacs. it it SHIPPING AMD NAVIOATIOK* He looked upon him as a fea^vagabond ; and ob- fervcd, that he felt he wa& under the neccflity of fivoaring whh care 3 for in his oath he did not go farther than to fay, " he had not been a refidcnt ^i»'*^'P*' in any country not under the dominion of his majcfty." , On this finglc objedlion, without taking into confideration any other, the court might decide againfl this Ihip. But he had thought it proper to give more at large the fcnfc of the court upon the policy, of the aft, becaufe it is extremely material that its principle fliould be thoroughly under- ftood i and as to the point in queftion, if the aft was not fcrupuloufly adhered to, he was perfuaded the whole of its regulations would be futile and ufelefs. It became the more ncceflary to be thus explicit, as the judge bfclow had fcemed greatly to have mifunderftood the aftj declaring, that Mac- ncal had offended only againfl: tiic letter of the ' « aft, and not againfl its fpirit. Indeed, faid his lordlhip, it is in general beyond fsa, in our plan- tations, that the laws of navigatibn are broke through and evaded j added to which, the appli- cation of them is left for a time with governors, coUedtOrs of the cuftoms, and Other perfons not futficiently converfant with legal matters, who con- tribute to aggravate fuch mifchiefs by mifconftruc- tion and fa^fe Interpretations of the law(«.) '' • •: *1^Iaving given rather fully the above two cafes, ' ; - being i;hc firft that came into court upon the new >v; ?h.t\jt"7jv/*>(;v! %xij>ij(i''^x).nv.vvi^ti^j^. ;,! Rcgillcr •■■ *tMUk '''"' (a) 25 March 1790. *,'•■ .» .»V< t: />jJ ' ni'iM 111; TO A. D. itm. > , Tm LAW or Rcgiftcr A(5l, thole chat follow will be (latcd more bi fly. Tui next <;afc that* came , before a court was, Bntak^-pi. vvhcre It was endeavoured, by the fanv* perfons, who were plaintifTs in the forn'cr caufc in the Kif»a:'s Bench, to make void a bill of fale of anotner fhip, by rcafon of a mif-rccital of the /., ' certificate of rcgiftry i it was a prize-fhip, and the ' V condemnation was dated to bear date the 28 th My 1783, whereas the fhip was condemned 28r'-' jVj;.^ 1782, and fo it appeared in the ccrtificau itfrlr*. But the court would not allow furh Rii objedtu m; they thought the bill of fale fnfficlii.i/ valid to transfer die property in the fhip («.) Wlieic .wo partners were purchafers of a Ihip, and afterwards took into their trade two other partners, without makfng any transfer of the Hiip to them, jointly with the other two, and the fhip was freighted, it was held in an adlion on a policy of infurance on frc'^lit, that the four plaintiffs could not fliew fuch legal tide of ownerfhip as to teilBOiver \ freight can be claimed only in rigljt^f ownerfliip, and hav- ing no right to the fliip, they had iw right to in- • fure the fhip. No equilgble inlereft in fhips can prevail in contradiftinftion to a legal title^ after what the lord chancellor had decided in Hibbett V. Ilotlesion{b.) Having, therefore, neither an < equitable nor a leg?' ntrssfl- in the fliip.. they Ijavc . no intereft which • ^^ ^' ! jed 0'" . inluraince. The judges agrecu ^uuL it was of importance thiS) ad ■i. («) Rollellon v. ^mith. Term Rep. 4 vol. 161. V aAo ing f W (hip, but ij not d of th( the d liiake liable himfc Kcny< which they Ii ciate a tion, duty; certifi( the c( accura it folic fhip. to the it is e applic nftto In fe^s o curate by the (•)' •V-, * latcd more court was, (C pcrfons, Lufc in tlie of falc of :ital of the ip, and rhe e 28th M'/ icau itf'ir. t/ valid to Wheic .wo i afterwards :rs, without lem, jointly freighted, it nfurance on )t fliew fuch freight can p, and hav- right to in- fhips can title^ after in Ilibbctt neither an ;>, they Ijavc . iniuraince. lortance thisi aa n 61. SHIPPINC AND NAVIGATION. aft of parliament flu uld not be defeated, by allow- ing fuch titles to fliips as the prefcnt one (a.) Whbrb two pci ' ns were jointly owners of a ftiip, and one conveyed hi- moiety to the other, but in the bill of fait, the ccrnhcatcof regiftry was not duly recited j there w^re fubfequent uansfcrs of the property among the original owners ; but the defeft in the firft conveyance was deemed to i^ake the perfon, who firft conveyed his moiety, liable to repairs, as not having legally divefted himfclf of his moiety. Upon this occafion, lord Kenyon declared, that cafes had arifen on this zdi, which had diftrefTed their feelings ; in one inftance they had not fufFercd a mere clerical error to vi- tiate a bill of fale, and he hoped, in that rehxa- tion, they had not tranfgrcfled the limits of iheir duty i but in this cafe the recital was fo unlike the certificate/ that there is hardly any fimilitude; and the court is fafe in faying, it was not truly and accurately recited in the bill of falej from whence it follows, that tfils^s not a legal transfer of the fliip. If, fays he, any inconvenience has refulted to the public ffony^this regulation in the aft, and it is expedient to rej^x ft'orii the ftriftnefs of it, application muft be made to the legiflature, and n|^to acqurtf^.) In a fubfequent cafe there had been two trans- fers of property; and the certificate had been ac- curately recited in each bill of fale -, but in trover by the laft purchafer for the (hip, it was objefted, I ^i ^., that - , ^ .,,11 ...11 .. FROM I H» PIACI I'^KK TO A. D. 1800. Britnh Sh pf. >rv 'm^^ \\ («) Term Rep. $ vol. 709. [i) Term Rep. 7 vol. jo6. ;^1FS4 •y rtOM THK TOA, D. 1806. l.,l/ A J')- TrtB LAW OF that In neither affignmcnts, was there any recital of fuch indorfcmcnt of the changfc of property made on the certificate of regiftry, as was 6ri- gtnally required by ftat. 7. & 8. IFill. 3. c. 22. fe(5l. 21. and fubfequently, with Tome alterations, by ftat. 26. Geo. 3. c. 60. fe6t. 16. But the court were of opinion, that, it was fufficient to fend co- pies of the indoricment to the public office -, that it was no part of the certificate, and therefore need not be recited in any bill of fale. It was obfcrved, that in this ftatute, the legiflature looked to the public intereft only, and did not regard the purchafer. If the certificate muft be entered at the cuftom-houfe, with the indorfement thereon, the fhip's owner will be known, which is the great objed in all the provifions of the aft. If> there- fore, the public are fufficiently'fafe, without any recital of the indorfement, the bill oEtfale ought not to be deemed void, there being no cxprcfs words requiring its infcrtion. The indorfement is always fubfequent to the transll^Vz. Vv # -^ ; It was moved in tlle^Ciurt of l^cjliequfer in a fuit of equity, whether this ol||igat*i^ to recite the certificate, applied to a^giupmentibr the fale of a fliip, as well as to the aftual iale ; but no' dccj- fion appears to have beerfmadc on this pointed.) The complying with the requifites of ftat. 26. Geo. 3. and the new Regifter A'ft, ftat. 34. i^J^ c. 68. f. 16. in the fak^ of a (hip- at fea,%ere ^. : .• :t .- . -i. .,r^ ^fv.i€rJ::^i,i<^»-:!;^'ifn:«'i deemed ■* {a) Bof. and Pull. vol. i. 48. 3. v . 8! (i) Anflrutlier, vol. i. 222. , ,,oi- :•,. i-'jlt^ .% .« •va ^ .. any recital of property as was firi- il. 3. c. 22. alterations, iut the court to fend co- ofScej that nd therefore *ale. It was lature looked Dt regard the e entered at icnt thereon, li is the great :. If, thcre- without any if ffale ought no exprcfs idorfement is i"'..) t y '^i':: . rm;- SHIPPING AlfD NAVIGATION^ 483 deemed fo neccflfary towards completing the trans- part in. ^ fer of the property; that a bankruptcy happening momtbe after executing the bill of fale, and before thole to a; ». laoe, rcquifites were complied with, the property was *"'"* ^*** deemed not to pais, although they were complied ^^ . with after the aft of bankruptcy, and before an a6lion brought by the aflignecs(<7.) A purchafer of a fliip at fea having omitted to comply with Vi: the rcquifites, in fuch cafe, of ftat. 34. Oeo. 3. c. 68. fc(5t. 164 endeavoured to cure this omiffion by getting the fhip regiftered de novo, in another ': port, where he refided at the tirtie j but this was not deemed valid j for fuch transfer to another port cannot be made by a perfon.who has no legal intereft in the lhip(A.) ■ The cafe of this fhip, the Fishhurn, came , before the court on another occadon, when it was - objcftedj that the plaintiffs, who were aflignees> • bught to have made a title to themfelves, by a compliance with t^e reqiiifites of ftat. 26. Geo. 3* and 34. Geo. ^^''^^^ it was decided by the court, that thefe ^a%ites only ndate to transfers made by aft of Ifhe p9||ies, namely, from a former owner to a new o^er^ and where the transfer ^ capable of being effeftuated by the mere ope- H^on of an inftrumertt of aflignment from one party to the other; and they do not relate to ^l^f^rs deriving' their effeft by peculiar pro- vifi(cJn, or operation of law, as alfignments by Gommiflioncrs under the bankrupt laws; the («) Eflft. 2 vol. 399- , I i 2 ||^ V com* ' {h) Eaft."4Vol. UOk '\ '% R J • v FKOM THE JTEACE 1783, TQA,!*. )806. BrUiAShips. \l '■- yijt-w a:. N". .y-' , THE LAW OF \ comtnifiioners arc not foriper owners, they do not sell, in the fcnfe the word sale is ufcd in ftat. a6. Geo. 3. and ftat. 34. Geo.3.(a). Where a vender had, omitted, for three years, to fign ah indorfement of a transfer in the fame port, and not till after fuch certificate had been delivered up, and cancelled, it was held that no legal title could be made through fuch an indorfement (^.)' Some points were decided, on the capture and condemnation of Britifh Ihips, which relate to the Law of Shipping and Navigation. A Britifh (hip, taken as prize, ind condemned in a Spanifh port, upon evidence exhibited to a court of admiralty in France, was deemed to be regularly condemned, according to the mdritime Law of Nations. But a condemnation by a "proceeding before a Frenc| conful in a foreign port, was deemed hot a fen- tencc to be recognifed, and no change ©^property was made thereby; fo thiat a Britifh fhip fo cir- cumflanced, coming intcAthis j^j^dpm, may be claimed by the owner, frohi \yh In the cafe of another fhip carried into the fame port, but, before fhe was condemned by the fame irregular authority, fhelfeas put up to audion, and re-purcha({E4> ^^j§^. owfter's agent, at a fair falc ; it w?a held ,3^ the l^oilj-^^ of King's Bench, that thj.s was no changi^f property, but a redemption, ocjanfom of themip, -and a breach of the ad, fta^ i.sGeo. 3. c. 25. g^nd flat. 35. Geo. 3. c. 66. fcjy. fo that it was not necefTary for the decifion of the caufe, to enter into the difcuffion of another poijQt, namely, whether the conti:ad; was not void, asi, a* irading with the enemy (c.) (a) Vid. ant. 463 Sc poft 487. (^H'he Ship Flad Oyen, Rob. vol. .1. p. 34. * fci ' ,.^^i..: . (c) Term Rep. vol. 8. 26'8;^' ^' ' " w. II''. 4S6 PART] THE tAW OF It was attempted to avoid a policy of infur* fed. 4. of the Convoy A6t, ftat. 38. ider ■>■ .'Vj ^■'X- ';V- -^a-r ••■y^ ■'<'•'.'•; Ta Ai D. 1806. Geo, 3, c. 76. becaufe the (hip ^|ad failed with^ srituh Ships. Qjjj convoy i fed. 6". exemprs all (hips from the obligation to fail with convoy, if they are fuch .as are not required to be regiftcred. This made a queftion, whether a Ihip foreign-built, and Bri- /' tifh-owncd, was required by law to be regifteredt; and the Court of Common Pleas, upon full con- fideration of all the adts on this lubjeft, from the ' ■ >f- t% Car. were of opiiVQQ> that fiiqh foreign (hips ar? not required to be regiitered. " The certi- " ficates of foreign rcgiftry for the European ** trade," dire^^cd by iBiat. 26. Geo, 3. were in- tended for thofe foreign fliips that had then been regiftered, and were Aieanf to be continued in the enjoyment of their privileges j but it was not to apply to fuch foreign Ihips as were not i;egiftered before i May 1786, none^' which were to have fuch privileges communiqBed tothem> as were in future to belong only ^oJioK-b^ilt fhips. Actordtngly, (tat. 27. Q^^ ^' |$* ^^^^i^^^^ that all fhips* not^intitledoy ^sffkS.iUrlgo. 3. ttnd not regiftered according '||| jj^g ^-faid : adi> inaya' although owned by Britifh^iKjefts,:l)e dei(H||cd alien Ihips. It is not faidi tKlilt fhips l!ot regiftere^f ' Ihall not be navigated i^if owned' By Britifh fub*^ jc•»«•» w^^- jQreign •^11 ■ .. m-- '■ ,# Mmtitth^tci^:^ ' of infur* t, ftat. 38. ilcd with^ from the r arc fuch rhis made , and Bri- regiftcred; i full con- , from the reign (hips The ccrti- European l. were in- [ then been ^ued in the was not to : ^giftered ;re to have m» as were yi;x\V fhips. i, dedkres, ri?o. 3. «nd a(^ i^a^t ht deie^d^ It re^iftered Jritifh fub* p may^eir)** r ^Ic t6'^^ of the le- employing ,„ foreign ■> 'v ■>>i. ■.h. iVi'>' '% ■i*;-: ■-^v SHIPPING AND NAViaATlbH-, ' .. foreign (hips in foreign trade, in as ample 9M)ian- ner as they can be employed by aliens («). """*'™* T , n- 1 / 1 . WACE 1183, It was made a qucftion before the privy coun^ ioa. p.isoft.^ cil, whether a Britilh-built (hip having been taken, ''*'"* '*^' by the enemy, and afterwards re-purchafcd and \ again wholly owned by Briti(h fubjeds, was in- titled to enjoy the privileges of a Britilh (hip, . provided, that, until (he has been (b re-purchafed, (he has not undergone a^ny greater repair, than what is permitted to be made to Britifh (hips in a foreign port. The law officers (^) being confulted on ^is pdnt, were of opinion, that a (hip fo re- purchafed of a neutral, w^ip h^ biougbt. of the tnemy, and though (he 'had received in a (b>; reign port repairs exceeding 1^ (hillings per ton^'^ is entitled to be regiftercd as a Briti(h (hip j be- caufe there appears nothing in the law, to exclude a ^ritilh-built (hip in the hands of a Briti(h fubjedt from^Re privileges of ^ Britilh (hip, merely be- caufe (he has been tM)^ property of foreigners; and, as to rep^fcin a../oreign port, the only eflPcdt they h^Pro iF^^^i^ ^ ^^ ^^^ ^^ ^^^'' vileges, is 'jpnta|3 'W^ ad.feition, where tlHl^^fc^tion i^^^t4|jbe» not of a (hip in the han^l^pf a JSi-eigpl^^^ terms of its " depai- l^rfr^m, an4»r€tur%tQt:iii| majefty's dominions," efn* in (iieir option, bc-aH?^icablc only to a (hip whjjie Brkifti awncd,{c). ^ ' '^^«« foregoing difcuffions re|h-efent fome of the (a) Bof.' & Pull. vol. a. p. 209. I^P^ (i) Sir j. Scott, and Sir J. Mitford^ 8}a# 1796. (() Viid. ant. 463. ftat. 36. Geo, 3. c. 1 12. air4Vi(3. ant. 485. 1 •^;f;i i :l .11 H'. ■di. PROM THE VEACE 1783, TO A. D. 1806, ■^ a- -■ - 12 ■■.. i,.4^-i. THE LAW OF difficulties which may arife in the detail of a fere^ regulation like the, prefent, but which vanilh frorn the mind when the advantages refulting from the BritiA Slips, policy of thcfc afts are confidered. Many of thcfe have been already noticed j fuch . as the preven- tion of frauds either to the under-writers or to the revenue, and the fecuring in future to this country the building and equipping of all the fhips that are to darry on its foreign and domeftic trade. Be- fides thefe, a very confiderablc utility arifes from the documents that are formed in the execution of this plan of regulation. The regiftry of Ihipping, which is made up to the 30th Sept. in every year, contains fads of importance thad may be made a ground for reflexions both of a political and com- mercial nature. In this regifter is fecn, how itiany Ihips and veflels belong to every diftind .port, their tonnage and fize, and the number of me%_ employed in navigating them. It is %)W;„accu-' rately known, where to ld|k for the m.oll abundant ' fupply of feamen, wheryjje puy^^rvice demands luhem i it is kfetown, at jjabft tygjoraWcgJlCfek for fhips 6( a particulal tonna^P^^rfKr ImJ are wanted Ipjp, Ml^Xht mer •« .... ->*<• ■-'.(■'- 4 ■ ■ v-l, {'••' i by the government ^Q|tjtf>^"^ra^j ^^^j^^ &i' g^jown, ^but they wcte never brought forwai^ and . authenticated, bfeforc the general regj^r ot^ ihipping was ^Mti^i^^< this a6l, .mi'jfn:^ -it ifCs: % :»'f ^1 ferent parad folete ftitutt whole '^0 readfti ' ■:-r\ „ SUSI8?IARY ^•. ••>»»* •r\' S 'ii'^ lof aferett vanifh from T from the ^ny of thcfe he preven- ts or to the this country e ftiips that c trade. Be- arifcs from execution of of ftiipping, 1 every year, y be made a :al and com- 1, how itiany Uftindt .port, ihcr of me4^ j%yw^accu-' oft abundant rjce demands Sbk for fliips f are wanted ^.*« W It they wete j^tfd, bfcforc X 489 ) ■'t 1/ X '^:^X'!"5-)-. SUMMARY .. ,; \ ..- \'"f I ■■■■ OF THE i5''-f'' ^*- 'v''-^;-'*''%:V^'V' Shipping and Navigation. HAVINQthus traced the hiftory of the changes in laws Nand opinions that took place in dif- ferenupdnods, we will now look back, and, fe- paradng fuch matter as nl^'cpc^lcd, or become ob- folete, we will (^Hpvout; |||,extra6t as much as con- ftitutes the lIvt^^pRi^ia^t day ; pox. indeed thir^ whole of iiJjrJpr ^Jt^^'flnd be an un\|wrrantablc re|g[ti^*0|[flp th^^jjll^nd leading features, ,i)4]|id^ Ba^^^SB^ly^dH by reference to what hfelDee'n befor»^delive|^.jro affiftin bringing the reader's minjj home to tho B|gfent ftate of the Law and Naiiyigation, 1^11 condenfe its iing^ principles iiitS^certam Rules, and the Exciptio7is to the nii^^o wing the diftribution that has all^long been made of .the fubjed j and to each Rule and Exception flialpbe/ubjoined the m ■I" ^- : ^::-l •V' "i :>^. 4! ^^-' ^•/•^ •C* < *"? 49© flANTATlOM TRAOI. J V^ (UMMARY. grounds and rcafons on which it is founded. Tb begin with the Plantation Trade. RULE I, " No goods or commodities may be imported " into, or exported out of, any colony or plan- " tationJ^his majefty, in Afia, Africa, orAme-. " rica, belonging, or in his poflTeflTion, but in Bri-. ♦* tifh-built (hips, owned by Pritifli fubjefts, and " navigated by a maftcr and three-fourths at leaft <* of the mariners Britifh fubjefts.'* This Rule is founded on ft^t. 7, ^ 5. ff^ill- 3. C. 22. (a). Except such goods and commodities at may be imported into, and comported from, the Free Ports in the Islands of Jamaica, Qrenada^ Do- minica, Antigua, Trinidad, Tobago^ Torfola, New Providence, Crooked Island, Si* Vingent, Bermuda, by foreign ^ffips, owned and tfoj^i' gated by the subject/ of jj^n^ fytej^ Eu- ropean sovejiifign*^ ^^f^^9ftp^^^M'*nha' biting afw cc^ntry Mtfi^^^do^i^ion &0itQme foreign European 4ioitk9^Sm or Astute 4iiJ^hQ continent of Amerim^JiMM^^^r anw^S^et which may be import^ mfne^k^f^refgnshi§s \ into New Providen^a/iuCrodMlsla/i^^^md into such port^n mk Bahar^a, Bermuda^-aM Caicos Islands, its the Kir^g shall apprav^iund, Tor tola-, and ex^pt soft, which may be ex- ported from Turk's Islands, Nassau, E;rumay ■•"*. ^p •'j>. m '.■igc '■'13 .■^■ r. («) Vid. ant. 63..% .ja* .ttf/ (4} .r - H •i' andi of th may i Briti rican thips Th c. 57. Geo. s and ft. Iflandj and C ftat. J Jndia t *< fuftii " raw-i « or Ii; "f^ (I Thi fcftipn goods f in the £a » v m. m> -V'"^ ndcd. Tb 36 imported ny or plan- a, or Amc- but in Bri- ubje6ts, and jrths at Icaft %. mil. 3. ties as may m, the Free renada_i Do- ro, Toirfola^ ^ Vincent, i md' nasoU }tei0 Eu- rsoHiinha' lion 6fi)sQmc tate m Jhe brei^nsh^s Islmi^-'ind ipprmei'snd:, may be ex- %u, Exumoy a,. r • SUMMARY. ' 491 and Croaked Island, in ships belonging to any '^''17^"°'* of the Utiited States j and cviept such goods may be imported into, and exported J rom tha British territories in th^ East Indies, in Ame-^ . • ^ . rican ships, and in other, permitted foreign (hips {a). These Exceptions arc made by jftat. 45. Geg, 3. c. 57. for eftablilhing Free Ports j and ftat. 46. Geo, 2^ c. 72. for fugar and coffee to TortoJa(i^) s and flat. 28. Geo. 3. c. 6. f. 9. refpefting Turk's Iflands(c) andftat. 44. Geo. 3. c. loi. for Exuma, and Crooked Ifland^ and ftat. 31^. Geo. c. 115, ^ , ftat. 37. Geo. 3. c. 97. & c. 117. for the Eaft- Jndia territories. , , . ". RUL.E II. ^^1 ; ^*-No fugar, tobacco, cotton- wool, indiigo, ginger, with Great <* fuftic, or#ther dyeing woods, rice, molafles, cop- <* pjC^ore, coffee, pimen||f, cocoa-nuts, whale-fins, . / " raw-liflc, hides e^LAins. pot or pearl afhes, iron ** or lug^bcr/of ijpjijwrfi, paiduAi^n, or manu- . « fi^^e, of . /u||^ !^iLfiliJpltation ih Afia, Africa, f' (^America, miffoi ^afported to Cny place ** wfetfoever, other t^ Icgbitnc Britifh plantation, i''^r to Great Britatn,^jNp Ireland.'' ■ .^. This prohibition was'^egun by the eighteenth feftipn of the' Aft pf Navig^on J feveral of thefc : goods arc there enumerated, the rflffwere added by ^ : {a) Yet fee the note oh Rule 5, as to t|e Britifli territories in the Eaft Indies. " * (i) Vid. ant. 298. 7; ;riA t^ (r) Vid. ant. 273. / ' ■•r /3* • 1 %' :««■'■:,.». ■ A*" ' • / -fit., ■ .H. ,■■■-'■ • I III ill!: f ii /. c?H9l SUMMARY. '^y^^i^^Y^* "Other {^atutcs(a). Ireland was €xce|*cd by4)rce ov of Hat. 20. Geo. 3. c. 29, (A)."»\>^'V iA^iv^v \ivv.» , Except rice and lumOery whic/rhd^ hdtihr- l'.'. V ;j riM froju any British cohni/ or piaAtailon to .^ the Madeiras i or the Western Islands caUed v;' -«" h' Azores, or to any part of Europe to thesoieth' . »\\ximrdoJ\CapeFinistcrrc. .0 % :n.;i This depends on ftat. j Geo. 2. c. iJ^lind Itat. /.',:■ ^^t. ^. Geo. 3. c. 45.(tr), ii^. ,1/. ■•■» •i.'f^'Vi V . .«9ftwt <^^ ;rf?Y;OT>xi 2nx ; • ,^- RULE IIL -^ With Foreipi'' «' All ofcHcT goods and comnibdltics, rtot fo ' ^^W- ''''*' enumerated, being the grcwth, produdipn, or * '^'^' <» fnanufafture, of any Bridlh colopy or plantation ; .. ., "^'^ in Afia, Africa, or A.meiicaj may be 'exported " ** to any place whatfbeverj only bpnd muft be ^ V (^ > . ** given not to land them in any. part bf*'6iiropc -'■_>/ V ' "',' " northward of Cape Finiftir^^ other than^Grcac Vr . ' ' "Britain or Ireland, Gtt^rnfey pr Jerfcy." i' -* .' '. " The trade in non-eTOtneratcd articles was not , ^'^ at all prohibited^ |pd ^thlsrcfott g fe open ahid free '^ till this boncfwa»^fJj^|Wi^S^ , ^" 52.(rf) Qliernfey andjerr<^^r^ talccnoutdr^^^ > ■ ? - .r* .» reftriftion of this bottd^^yitat. ^,*G€0. $^^^^., " and Ireland by ftat. 7. Ge^i^V. 2. and ffat.' 20. *■] Geo. 7. c. 10. *' >',< ' >'^ F^xciPT that hop^(e) may not be ctirhea to T' Ireland, nor '4him, and 'other spirits, to the '^'■^'■:C ■■■■ ■ ^.:'* ^ '" ' Juie &%\ ^"^ Vid.ant. 47.' 70. 71. 77. {i) Vid. ant. 85. , *;? (f ) Vid. ant. 2EI ., ( I, '-M m is- tt ft ted by ftrce »fl(^ h&xkr- atitaiion to ands cahcd the soiith- 4$. aridi^at. It'ics, not fo odu(5Hon, or or plantation be exported ind muft be rt'of'Eiiropc ei; tharCGrcac cle? ijiias not )pcn and free >. lT^©;^^. c. )ft ^>2 en out of the and if at.' 20. >e carried to rits, to the d. ant. 8$< , d. ant. 79. .lent aft ftat. 20. ILANTATlnV SUMMARY. 491 Isie of Marly nor rum to Guernsey and Jersey i and East India goods must be brought to the port of London, rriia "^ *,, By ftat. 5. Geo. 2. c. 9. for Ireland (a) , ftat. 5. Geo. 3. c. 39. for tht Iflc of Man (/») ; ftat. 9. Geo. 3. c. 28. for Guernfey and Jcrfey (t) ; and ftat. 7. 6'co. I. ftat. i. c. 21. for the Eaft India i ' Company's goods (f/). *' . , RULE IV. ' ' " No goods or commodities of the growth, wuh Eur<5pe. < " produftion, or manufaAure, of Europe, may ,,,(,; " be imported into any land, iftand, plantation, co- " * ) " lony, territory, or place, to his majcfty belong- " ing, or in his poffeflion, in Afia, Africa, or Ame- ** rica, but fuch as ftiall be ftiipped in Great Bri- *'^ f* tain or Ireland." ^ J This prohibition is founded upon ftat. 15. Car. 2» c. 7. r. 6. and ftat. 20. Geo. 3. c. 10. (e). * ^xc^vT Suit for ik^Jisheries of Nervfound' V In^d, ^f'^.SiijI^ o^id Quebec, and wines from ^ ^^KM^^^j^^^^^^^flf'MiU^^^^^ Inlands of v^5:<^^ i,^^^c/g||fj«;^/'lR7^^, orMh^ goods, the ' M^^Jn, pr^f^U^oh, ^ manufacture, of Great lf!'iil{in,^uerns^ or Jersey, or food or vie- ^iiau the growth, pt^uction, or manufacture, of Great Britain, IrelaryL Guernsey, or Jersey, from Guernsey or^ Jersey to ^ufoundland, or any other British colony where the fishery is carried on,for the it^e of t/im fishery -, and fruit. (a) Vid. ant. '/i-KJ^K,. (6) Vid. ant. 79. ' (0 Vid. ant. 83. %{^ liAV Wine. (<0 ^vXf ant. 115. {e) Vid. ant. 48. 86, I'iiJ '';i?: 494 i"» PT.ANTATlaH TKABt. Colonies and Ttrritories. SUMMARY* wine, oil, salt, or cork from Malta, or GiB' raltar, to North America, in ships which had arrived with the produce of thejiiheries. Thise Exceptions arc derived from the feventh fcftionof ftat. 15. Car. 1. c. 7. as ro fait to New- foundland and Madeira wines {a) -, on ftat. 2. Geo, 3. c. 24. and ftat. 4. Geo. 3. c. 19. for fait to Nova Scotia and Quebec (b) j and ftat. 9. Geo. 3. c. 28. as to Guernfey and Jerfcy (r), and ftat. 46. Geo. 3, c. 116, as to Malta and Gibraltar ( loni«^ j longing other n( 429. or Gib" ihich had 'ies. ic fcventh t to New- It. 2.Geo, or fait to ). Geo, 3. d flat. 46. ar (d). f. * ces, to his • America, ire not in- ibitions or itlon con- rcftriftion under the exported in BritiOi o. the ini" 4qm mult )yiis ma- mafter zM ers Britiih us and rc- cna6ting i all lands, judged not to 72. 300. i '.^: to ^'tolonle^ ofV^htirtlons (if there in ariy (tf) *;;tSr"^" fucWyW ndt 'v^Mn the mcjining of them j sWd fuch landsfiiAihds, territories, and piaces, are only ^^ inchided in the firft feftion of the Aft of Naviga-^ tiori, a/id the fixth' feftion of ftat. 15. Car. 2, ''^ c. 7. where they are fo named, and not in the fc^ '^ coifd re6lfion of the aft of Navigation concerning t the enumerated goods, where colonies and planta- 4 tions^nly are named j nor in ftat. 7. & 8 fFUl. 3. ? c. 22. iVhich tonfincs the import and export of the '^ colonies and plantations to Britifh-bullt (hips (b), T^us far we have considered the general trade . with tKfc for^igii dominions of his rtiajcfty in Afia, Affica, or Amc. 'ca. We come now to (late the law relpcaii}!; the trade of the colonies in the Weft Indies an^ oh the continent of America with the terntoncsL of the Vnited States. Firft, of the Weii'in^sl ,". \# / ,^. , I.#loqx9 bii^oiigUj^ VI. "^ :^* s v '». •i * TV' ..,. » •/■ co1Fec^^ocoa-nuts, ginger^ with th<- -.r^ ^^ ^cm^H^mP^t ini commodities ''"'"' ^'•*- J!*^- ./' ^-.'^hith' 19 111 tll9|t»)t-Inclies arc now termed in adls of pterliinicnt, " fritiAt firr'it^ies ;" and of late there has been , applied to them fome of the reafoning, that belongs only to co- ^ loHin^vaiiflantattonti but they havdin thofe territories, none of the edabliiiunents for" ei^rlSig'^e coteniil fyftem of naviga- tioivf'aA(!f foreign llripj comfc x» their potts, in the fame pan-i ;1 ner'^V'td the ports of this kjngiionn...^ .i^oio'i 03 .'m T.ii V (A) 3iQ«e lUt. 26. Gto. 3. c. 60. th6 didindion between co> , lonlcA and plantations of his maj.e(ly, and ttrritories or places be. ' longing to his majefty, has ceafefd as to Briuni-built (hips ; none other now being Sritiflit bat fuch as ace Britiih-bjiiiit. Vid. ant. 429. x.:-^^ J^£.ijiV i^ufope, "^ may be e?5ported'from the W^ft llndja If^^s^^ to " ,^h Such is the provifion of ftat. 28. Geo. SkSh^* V RULE ym ^.^AV.3^Majxa - " Np^odds or commodities ^ma^^ be^mport'td "from the United ^^tates mto the WM 'fedia "Jflands, .except tobaccO," pitcti, tar',' kiii*jp(bnlin6, "hemp, flax, mafts, yards^rbWfpKi^,^ 'feH^ts, " headind;:boards, umber, (hin^fe^; Whd TiiAli^rW " any fort j horfes, neat-Cattle,' fli'^ek-li^gSj^Sui- " try, and live-ftock of any ft>rV^'fere&,«l»)C^it; "flour, peas, beans, potatoes, S^fi^St,'^e| 6^^^^^^ " barlcy^vand grain Of any fortj-^inig* Ai |rdWtlh " or produftiorf ©f anf of Ife ^t^torl^'lgf 'thV " United States.- ■^^';$!^''V%^^^^f- This is under thc-Mtft'^giioh^iW'^^^^^ «i ," No goods or comn^(iitJe^ fn^. pe ijimorted <* from the, United StatefebyTea of, coaftwjie into " the province of Qiucbec, ^or the countries or V iflan^^ wt^irifcthatgoft^lf^ up thty-iycf U\M,-.^i,i\t*u^'^^.f>x (a) Quere if tnc nbrt-C ,hf ■M -Vtv: ^ ^ ^ -eQunieratecf g66ds are to be cbilfidi'rtl zvpriii&tiJ^ ^4^hfi|W^^iJl, Bf re«fon'*of the'bdttd'iisqtii^d ^x^ipfft/fi. 6. Geo. 3. c. 51. Vid. R^le 3. -; U) Vid. ant. 27Z." ^ ^,X.Ibid. year 178810 Geo. j3n5ff^. ;A ,be imnoftcd :oaitwjre .into CQuntnps or • to be cbrtfidi'rtf * }id. *• St. Lawrence, nor into the provinces of Nova " Scotia or New Brunfwick-, t^c Iflands of Cape *• Breton, St* John'sj or Kcwfbuncfland, or any ** Country or illand within thelt rtffjpeftive govern- "ittents/* This is under the fourteenth and twelfth fe^iQ{is of the famt aft {a). ExcEi»t that the ^avemori af. Nova Scb^ tidi Neaf Brunswick, th^ Mdi'ftd^ of £!ape Breton and St * John*s mdi/j in da^es (ff pub-^ lie emergency and dktress, mtfiorize the impoHaUon of sdauHing, planks, stavesi head- ing'hoardsf shingte's, hoops, or squared timber if any su^t i horses, neat^caitle, sheep, hvgs, pfouktyp ^' live-stock of any sort-, breadi bh- calf, jtoar, pea^r' betifis, potatoes, wheat, rice,; outsi baHeyi ot grain of any sort i for a li- mitieii time ; dnd tkit governor of NeWfbund- landi^ being thpotpet-j^d |y o?'der qf his majesty in ^mncil;%ay authm^ft in cdse of necessity, the importtt^on"^ bread, fliffr, Indian-corn, finiUliiU-siocMi for f/i# ^f^ev^ ensuing season onlfi TM$ icing0^Minci^ or goverhor, may dlW0 iHe' importattQtt'^^ live stbck, grain an^ flour, into QuahetP Also pitch, tar, and turpentine, may be imported into Nova Scotia 9nd New Bnoiswick* 4 . /tjFils is under th^thirteemh fc<5ttoii o^ the fame i^. l?'or Qyebec, under ftat* 29. Geo, 3. c. 16. and (at> 30. Geo, 3. c» 8. (w) Fdr Nova Scotia and New Brunfwick, under ftat. ;^y^Jjl^* 3, c* p (c). ■'.:^:. ^ Kk ■■',-, --^ RULE {a) Vid. anj^^il C*) Vid. int. t/ 7. {c) Vidt. tnt. ibid. 4<>7* •XJI^DB. •t:V >• ■;/- ' lf'..Ji .. >p ■V".'' { -s «'. ( 1. -H I 45»« ■f /- t. ^1 SITMMARV. RULE IX. FLAKTATIAN TKABK. ,' V •_ « United State* »nd thij King- *."^.- *' Goods, wares, and merchzndtt^J^t^^M&x^ produ(ftion/or manufadlurc of the ITniiied SViSs^ may be imported in" Britifh-ljiiUt flji^,' 6? in /hips built in the countries belorigihg'^ to' the United States, or in (hips taken and t'bhiemned as prize, owned by fubjed^s of the Uhitcd States, and whereof the mailer, and three -fourths of the mariners are fubjeds of the United States^ div redly from the territories of the United States, upon payment of the lOweft dtitlei,^ iVhith ■ ^rc payable on the like articles ^Vheri 1r|nfpoiht'ed in Britilh-built Ihips from any othtf 'fel%i^i^^un- try; and pig-iron, bal--iroh','piedt, iir,^^tiiS^en- «* tine, rofin, pot-afh, pearl-afli, itiaihdgaAy^i*rti'dfts, " yards, bowfprits, all ftaves. and unmartUfMtired ** goods, and merchandise, oh tR^^ Rfe^j dolftji as " when imported in Bri«jj(i%iat llifi^ Yrob a «' Britifli ifland or^antafeh ihvl^^cficbr rSbji^c^ " to a countervailff^ <^^^;'*^^"^^*^I^'*^^<^-^"^^- '^ rican lh^s.'»?^ ^t ^ -^ ^A.: :V^6\lu-M>r^(l-' 'This ftands upon jlji;. 37. (ffeo. 3. c.^97,^pd ftat. 41. Geo. 3. c. 95.(^'iy.''C :v \ i% V-U Trade with ' A^ia, Africa, anU AiikcricB. u y-\,; a' No goods 5r commoditierof the gr6wthv|)fx)- " oudion, or manufadure, of Aria,v A'friciil: or *^ America, may be imported- into Great Britain, ^>*0-'%g^^:i:^ "in ■■.k^ ■ V ">v <»>• ' • 1, -■-•7«-.!.^'^ '^ - n nitcu'StaccSj i dbhacmncd hitcdStiates, 3urtKi bf the d Sta^cs'4 dii' nitcd States, \^ %hrtfr ■ ire l^ot^a In narttjfMured rk^f dottes as iijis ^ Trcfhi a 3. c. 97^|nd ^; A'fricaiL'or sreat Britain, tt in .-4*,UiV i." •:#V^ <( i :it^»- in any other than in Britifh-bullt-fhips, owned ^'^.J^'AWitf by his majefty's Ajbjeds,^^d navigated by a ^n-amiAic^^ '* jiptj^^ljq- SiTid threeTfoiurths at le^ . .-. ,THis.prq^il?itipin is grounded, on le^. i^. jofineJ^ A(^ of, Na\rig^jon(a)> and as to Britifh^builtfliips-, -„■, v/r^ on,:^|i^P4^ft«' A^ftat.,2^. Geo, 3. c. 60. ici^.av * Wtrllri^.^'?' whif^h pvts an end to foreign (hips Britilh owned '*' a$ it ftopd-jn feft., 3. ■ of the ^avigatto^ Aft in this , tr«ilc,;by tftkingfix«m,thcn:i the privileges of a Bri** -^ ti'fli,■■ ^ ^ /if ^|§i,a$,j|f9^^eipiiSsin goods, i? by ftat. 37. Gca, Z'^^fiU^^^^^J^^^ Geo,. 3. ^, j j^f 5*^j^;|[ijyjgmc or1^ \nftances, which arc giy^f||ti^^0|^toijh^fubf^tien;Ruk , . cep^ns aUb«i6 this^as far as they i^l^t^to fliips^ ' ■ i ROLS XI. '**"?',:' ■"^' ** No goods or commtidities of the growth, pro- " duftion, or manufaftu|pr^f Afia, Africa, or .1 wiieai may bci^ippcd or brought from any oth«ri^fece.or country -but only from thofc of " their-Agrowth, prodii6t4on, ■ or manufadure, or Kk 2% i^^ , " from (a) Vid. ant.To^ ' 't*yV»<^''a«i^^'^88^' (0 Vid.ant. JH^ ' -7 ' m 1*,.' •■«t/ I h '^. V^ ,'f'l ../ ' S(^- « fr<^ tTiofc ports ^hcrie ih^j t^n'M^, bF^i^l A^^>^».c^ cc oi^juiuilly have bcc4 "ftHt tefe^c^'W^^rW; This reftri(flion appliVii no jn£v if6r lading m tht Bri- ier goods of y ; gum se- bries, dran- Eu^ofw, in 501 tllADB WITH ASIA, aVrICA, liritish. ships; cotton-wooi, and goat-skins, ra^,or^Ujidrcssf{^Jk^ iiny place, \n British- ■**•■ amir.oa. butlt-shipsi and goods the merchandize of the atfii^ i>\^ ^ Jrew cxceiption? sffc fouhded bit thfe follow- \ * '{ iji^ afts^i tXhf , ifoods of the Streights ^nd Lc- ^ Vant on the twelfth feftwn, thofc . blf the Eaft In- ./ d^S Of^ the, thjrte^ntl^ feclion (and fiat. 33: G^eo. 3. , ' ^iv^i^\^:W^^) J**?^ of thc^^pahilhfihdPor' ;^ ^; ;^ ttiiiicle colomesW fKe fourteenth feiftion, and b^Uicin^fl prJz^-^Qods ph Ae fifbeenth ftftioh, of i-vSV ' ^ #«M% ^>^^''^- vf V C. 1 8. (e) i gum fencga, ' th.Mi\(^'^K^\h MrO^ i coarle printed oalHcobs, ^-Sb k\Ph4\y30'(g)i cotton-wool, ftat. ^.^iM\ ^M^W A^oat-lkins, ftat. 1 5. (?eo. 3. ''^^^m jgooc^fei; JE^bfiA^oJltils of the growth, pro- Th« Ei;ropci« «^au^|Shi*or ittkhi^tite, of Europe, hereinafter '^'^^ **\iAiiH^rkted4iid defcriledj^namelf , nogoodlor h^\ i^^VWt Jwfc 10a. i^iSwit- ^ 'v: 'K*) via. ant, i li., ']■..,. . t\i M*)^\^^^'^^M2--} Vid. aot. 114. J0,^-i \ rM .inc {b) Vid. ant. 113. (i) Vid. ant, 3^3. ^.--J^ «■ 1: fi I' M f 'I if i 111'. I Iff .^^.•: ■K^i * y^td^. 5V- .f SyMM^A^\>. .^' EUROrFAN ^ * ..1' '/:. ?, .^''■ ,*... ■0^ ■■"''<■■ *,' commodities the growth, prpdudioo, or. fnanii- " fa^urc, of Mufco.vy, or of ^jiy; tepri^oiije^ be- !!.d1nulmtcd "longing to tlve cmperorpf RulTiai no| a^y for^ Articles. i€ Qf- ijialh, timber^ or boards j .rM^,for«igo ^^It, ;•. . ** pitch, tar, rofin, hemp, or flax; raifijvs, figs, " pruens, oHvc-oik j no forti of corn or grain, " fngari pot-aflies, wines, vinegar, or rpiiits^allcd *raq,ua-«vitaEj or brandy wincj nnay be impbrtfefl '.*.'bpt in Britiih-built fliips, or in Britifli ftiips Kuvvx^'flSf '^'^oivncd by his majcfty's fubje£ks, and navigated '"^ V '^' ff jjy .^ maftcr and three-fourths, at leaft of thb ma- ^** riners Britifh fubjcfts ; nor any corrams, ot'Cdfn- ** n^odities of the growth, produdion, i(jr mafiu- *' fafturc, of any country belonging to^^^e'TatkflK "empire, may be imported, but i in Bntifh-MfeHiilt " fhips, owned by Britifti fubjedls ; and»waMi|g«cd " by a mafter and three-fourths at.ferft-of th^ltia- " riners Britifti fubjefts j or in^fliipfi df"' thd'^iifk " of any country or place m Europe biijcfcr ^tlie " dominion of the fovereigniohftate'iiij EMihp6M " which fuch goods are tiie^rt^|^v> pTodUiiftiofij^or . " manufadurej oi^f tJrc.bmlt^fefi&R'|^ " the faid goods call only: be, or mfe^j ifuimy^jire, ** firft Ihipped for tranfpm-tatioit'jUind rtauigatc^by " a mafter and three^fourthr .at leaft^of the ma- " riners of that country, placi^Vor jJorti" ii \>^^(^sf '' \;** Further, thrown , filfc of the growth orip^o- •< duftion of Italy, Si«lyy 'or the kingdom of " Naples, muft be brought from fome of the ports " of thofe countries, or places, whereof it is the " growth, or produftlon, and muft come direftly " by (ea, an^ not otherw^le.^ .i^^a'^iitMi^t^W ■ ■- >-'.p?T'3Jtr;iiV^i^5.>.v, ; ".,?>iflA«W/-r This ■ .- i \ .Oft \c\.Uxe-h%J{-i) . i -.. .. .-^: ■•^^ 4'r' '.j/M.. u m A/y. ,,pr.pianu- raifiiw, figs, •n or grain, {pliitS'Gancd be Irmpbrtfefl Britilh Ih^ps id navigated tof thfema- L«s, ot'cdtti- liv 'Qr nsafiu- Bntifh4HiHt > oT'thft'^vrtlt ftai?ig3«:c^by ;..of tS*e iRa- 3WtK orjplro- kingdbm^of e of thcfiorts reof it ii the ome direftly r r ,'K"''^'3! sc*iMi^KYV i«>3 Tfl is 'Rule isf founded on*the eighth feftfon of the A€t of Navigation, amended by ftat. 27. Geo, jvU T^. f. 10. (a). What regard^/fhrown filk is iburided.on ftat. 2. ^ri//. &c Ma. ftat. i. c. 9. (fr) KVnOPIA!( '*i: ■",-' ■♦ iUf.-\'^ 'RULE XIII. and Oenmny. ^ •* No fort of wines (other than Rhei?ifti)j no ' 'V^5 " fort of fpiccry, grocery, tobacco, pot*a(hes, "pitch* tar, fait, rofin, deal boards, fir-rtintibcr, " or olive-oil, may be imported from the Nether- ^«j*'« '!!!i? "lands or Ge nany, jpon any pretence, in any fort " of fliips or veffels whatfocvcr. ' * This prohibition is made by the: twenty-third feftioo of ftati 13. & 14. Car. 2. c. 11. (c). Af- terw^ds ihe foUowing Exception w^ made ^ this prphibmofi;:.!:. •;>.' v-, ^.■>'v--^, -mt" ,,:; M^^ift timber tjir -^planks i masts, and deal* b6iard$i the production of Germany, frmn any port ik^,plactAn Germany, by British sul^ecis, inyfivUish-iuiU shipti and zdnes, the groxvth or praduction! of Hungary, the Austrian do- minii)n^ firo^i^^parJ of Germany, from the 4Mti'ianN4^eriif»4syOranypor^ or place be- loii^ingjtfikhe^niperor d)t>jtr k-s '^ vim^Mno?,lM^ris,>iK.^k 4.>j4^jj^%Kt^^ RULE" (rt) Vid. ant. 151. 338. (h)' Vid. ant. 152. {c) Vid. ant. 15.5. {d) Vid. ant. 159. {e) Vid ant. 167. 340. I *'n ■:v- \r -'iV i 1' %j: #: .■MHv IVIOFVAV TRAM. CC tt «* B u L L Y6H and prize-goods, a^d atf dftui^od* ^A^mid' cortimocfitieii 'bf •^tr'fettsWtft,''^ Or «' mtmyfaaurc, of Europe (hot- pi^fe^ccl/'il^T lutely to be imported), ^ay be iniporttij fiidfn any country, place, or port, in foreign fhips, " owned and navigiited in iiny fort of tnanncri and J* in Bridfii^ihips, Aayigat^d with a maifffer and f slhrc^-fourths of the mariners Bric?0i fiibje^R B£<:AVSB:buU|0|i ahd prite^gobdsar^ excepted, by the. fifteenth ic£kion> out of sU .the :prpviC(ofrts of the Ad: of Navigation i and betaoiii^, agiyas be- fbre faid with regard to non-entimeratbd> |Aamt^r tion goods, what is ndt prohibited 'or-TeftriAtld by ^y ftatutc is open and free. The re|lriltion as to the Navigation of Britifli jhipfeiJwas, at length, im- 7^-i'^ >;?l;i^ po^d by ^c general prpvifiof|;^ft^f;,af4^^e>«r. 3. ^ : #^ i^^ ^8. wl^ich applies to alj ippprl^ wh*t|i9©1^r;C»-) *' No pprfoii may jade MTM^ry oi, board any *' fliip or veffcl, other thana Brram-builtfein!- or <^a Britifti ftiip owned by JPqtiih aiibje^^, any *" commodities or things, ijif what Hy^d focv^ra n^r ?I be permitted to fail, with ,. . ^ „ , /ffoiPjOne port or creek I ' " of Great Britain or IrcFandl or of the iflands of ;■ t «* Guemfey, Jerfey, Aldcrftey, ^ark,' oV Iifin, to : . ** another port or creek of tlie fartiCjJ 6r ihy of • ', ■ k: I^^^M' ' . ■'" ^-^'^ ■•^::^rS:'L/" " them, ' Th* Coarstl^i Trade. , .'-> 'n:- ./ .#«, 7 I oaiJftfSl^ or ibited i\Mr reign |hips> manneri anci maf&r an4 r^ excepted, e prpviQdns *y,a8;«(asbc- /reftri^Sa by Iriltion as to t length, im> tfe§i^r;Of?.) to fail, with 5rt or creek the iflands of oVU^Cin. to ei dr iihy of *^ them, IVMHttAHr. '/.•s,:. >^ N . I ^ ■ 505 •SAITIMO TKAOl. 1 ( • *' them, unlefs wholly and folely manned ynth, and *' navigated by a nufter atid inarinersi, all BritUh^ , T^^^tyt. v^ffouf^*' "' on the Hxth fc^n of the . AA pf , N?yigapon,^nd ftat. 34. 6'co. 3* p. ^^^ fe^* 4» -ai).3.c. 6i.(i;a;.?d o; yi'^^^i '* jqidl n^o-iol ;ni . •v.w '■■■ .'?.^4q t'-p^nuo:? xns" *i£«£]tY foreign-built fhip or veflel bought and brought into Great Britain, to be employed in ^ qirrying! goods and merchandize from pott ' to pore,; }s to.pay at the port of delivery, for every *^ivoyage,fihre killings per ton, over and above all f1iQ:;iiiiSi^ Uj* .fk., '_ • -mi ffii^ri-il 3P ■.'.KV'B;I/I>E' XVII. aohi.i^it'"*^!'' r'«,j-, r *<5$ira^BriVm? t»k' ■'*' ^'•T'*'r'«»v y^AflO'iMH r " ^.j. 1 .,/:/. :.:..|:v RULE XIX. uU^r^Ax^tntsn'- t * • " No fort of filh whatever of foreign filhing " (except eels, ftock-fifli» anchovies, fturgeon, bo- ** targo or cavcare, turbots, lobfters, and oyfters) " may be imported into Great Britain." This depends on ftati 10. & i^. fffitLj-. c, ^ ^4. (A)i ftat* I. Geo, I. ftat. ii c. 18. en(ofced by ftat. 9. Geo, 2. c. 33. (c)* and ftat., aSt^ G^at 3. c. 81. f. 43, 44. (d), Oyfters are not <|)<;cially excepted in any ftatute, but there is a dutyr pn them in the Confolidation A6k, whipn not, being leviable on Britifti-caught , filh, muft ,b?l con* ftnied as a pcrmjfipn to impQ;;t; forei^n-^aught oyfters. ";'•"■ ^^'*'^'' .:. ] . .,]' ^^.^ih.^ ' '■.•3,.-;C.^V')..-i0 -•• RULE .XX..:)i-.ci| b:W ^" • " PfiRPEtuAL BOUNTIES are pfayaB^c on thc export of pilchards Qi ftiads, cod-fifti, linjg, or hake, whether wet or di-ied, falnion/wKite-her- " rings. («) Vi)i »iit.;3934^)^5#^' i^i) Vid. antT^igi^- (0 Vif duty.*' Rule 17. as .♦, .4' »',V- , ■ lurgeon, bo- and oy Iters) „,.^j If In r ) ■ , ; rff /i ; 18. cntofccd not iijfcially is a dutyr (on pk no^'l&ping ufi b^ con* >rcign-i^aught jrab^e on the fi{h, ling, or n* white-her- «« rings. ant. .91 gr- ant. 388.;' •V; IH/^JilARY. 503 rr in^,^,;?ed-hfrrings, and dried red-fprats, bcii^of J^rjfiai filhing and curing.',',, , ^ai^;,2'«i aui'U •^' T<^{S;dcpendson ftac. 5. Gt'o. i.e. i8.f. ^^ iMid ^V i^6^^co» J. c. 8i.f. 16. (rt) j, .^(3 jji iiH.i . ^; : RULE xxr. .tmmii^^^/ ' * ** Temporary bounties arc payable on the ■. ** tonnage of Ihips carrying on the Britifli and the *- ** Greenland filheries j on the quantity of fifli taken " in the Britifh and the Newfoundland fiftierics ? " on the quantity of oil, head -matter, blubber,* "and whale-fin*, taken in the Southern whale- ", filhery i ,^nd on the f xport of pilchards. Scal- ** fkins, liead-matter,. blubber, and whale-fins,. '^ talfirt in the Nevyfpundland, Greenland, and '''Sblith?rn V/nalc-fifhtrics, may be imported free. *^ of 'abty; 'provided Bfitilh-built Ihips are cm- *' plove'd,' ownc^ 16y, ftritifh fubjeds ufually re- '•Ming^ln tKe king's European dominions, and '^ Aavigkted i)^ a matter and three-fourths at Icaft " of the itiifinieri' ufually refiding in the king's " European dominions." ^...^^^ %>,5j,|^|t(r:. These temporary bounties all depend on fta- tutcis pafled in id. Geo. 3. viz. c. 8i.(^)i c. 26. (tj), c. 41 . { J), .^nd c. 5C5. fince repealed and re'-ena&eduijtat. ^5. Geo. 3. c. 93. (e); andfuch iliatutits as w^rc made afterwards for amendinr; or^ contmumgtfem. .„:«.,.... > Lastlv^ Tin VMnautA at (Ujf^iC ,Ui ■!»(»•/ W^i^T^i- .-•••.5.' . > {1) Vid. ant. 379 I' ■"•*^ , - I, .#»iij> ■^.•.Ai^,v«;:;^- J. I !!! I il ' ! .;. * , • • . / JoS SUMMARY. ^• . »( • ib«»'i ate of the law as to the requiUces whith'cbnftitutie i Bntifh- huilt {hip» or a British fhip, and ^hat regards the rcgiftry ancj certifica'tfc of fuch fhtps., . The Jcad- ing points bf this fubjedl depend on ftat. 2^,(jreo, 3. c. 6b. and ma/ be ftatcd in !^ules, witKout ncid of qualifying them by Exceptions, or recur- ^i^g^ to ipany 46ts ifor explanation qr amerulmdie •\ hX ii ao^jiit^-T-nii^jaVi RULE X Britiih Shipii « M TktMlt. •t f/ .:,./- -l^ M'>i .nidi fTlfjhfl on id ^.-^ Rfi' b*>rirn^hirtO" ^^ A Bkttffitt-BOrtf ih1|» i^ (Ucft tt^ has b^en built in Great Britain br Ireland, Gufcrn(by, Jir- *« fey, br tht Ifle of Man, df'i fottic of ttic co- "lonifcs, t)lantition9, WaHtla* \br';tftrriMn^iif(iitmgs per totiy unless sue krepairs ^iltetihbdpfi^M to have keen necessary iv^mhhihii :*Ai^t«<^er- forin her voyage, <>n'o ^m -. Yiiireioa^ moitat " This Rule and Exception are coht^d imthe firft and fccond fedions of the ^<^{a)i^i fSaA^n n iiJ Jife'w't- Cir} Vid. ant. 428. .(*i) anC'.: ^ ■;' ' • » 'A' «f <( «( C( .-.*'ji:^Hjn«,;b^-//f^)!'.'^ 'iyef*^'*'> -'^f '^' cfcht ftatc of Litci^BrUiih- t i^gards the thcjcad- ^. 26|. Geo, \tit witnouc ts, or recur- simendmdie 'jl'ifl on 5d ifcrnfty, Jir- e of the co- rriiori^ in tht jtiih^cof w4^((lblobe uedia^lfliiriul f%iport:i)Dr fi MOITK'T ■ woed imthe ^l HliTLF i^(^)2^c■,.: ;'^''^^*,'', ^. <• ^**^ |fjiiTisw mip i« fucn foreign hu^Hn^l||i,a?, •mtmh wtnu ";^o^.> N^X,»^^6, was wholly Brm^ «« WM buUtpr rebuild on ^ foreign ** tottomi^ ai\d r^^iftcrc4> or wa? bcgyi} to bf ^ef "j^^iijc^^ ^r rebuilt on ;^ foreign n\ade keel, ,Q^ ', ■ • , **^|)pttdni, and fince rcgiftercd. After the alppyc^ ** defcribed Ihip» are worn out, there will in law " be no Britifh (hip, but fuch as is Biitifh- built, or ** condemned as pri2Cl/' • '' o')Tfi%,^^9^fJirp^ ^ provifions in the act(aj. . i -dD odi \o 3^0) RUI^E XXIV. v^y m«JE>rwii»-'lh;p'^«-viii5fel having a deck, or being ti,* nr,,-trv •^ off £|be 4jHrthch«^ fifteen tons, and belonging to '" ""''^'*'' *ft ic fabje^v^n ^reat Britain or Ireland, Guemfey, *< Jorfcf i'- «r:thlt ifle ef Man, or any colony, plan- *lf tamof ifland^xn* territory, to his majefty belong- " ing, muft be regiftered by the pcrfon claiming : **<|)lriipbrty tlw'tfift, wbd lift to obtain a certificate of '^^fudv regiilrf ih the port to which the ihip of "'^cfiUprni^erly belongs r and the certificate is to *^ diftingtiiththe (hip or yeffel under one of thefc *' "two ciaij^s: JC^tii^tMf ates> or British plan* ; '* «, t( TATION REGISTRY; OR, CERTIFICATES OF FO- *^ Smcil «nrF« REIOISTRV FOR THE JJUROPEAiN " TRADE, BRITISH PROPERTY. - 0->l bllftJn'-J Thh is by the third and twency-eighch fee*. rions (^)., " ^ '^ RULE .Ss> Jflrt! .WV («»>' Mfi" («) Vid. ant. 428, 429. (^) V'ld. ant. 431. 417. 'r' til m li A." SUMMARY. .1 "4i;c tMTtiH nin. «« « Seat. 32. .♦ "•; : RULE BriM-biiilc ftip, or i Brltiflli fhip,'h'pr to'be in- « titied'toth^ privileges of a BritIfh-buiitft»pJ;;or " a ^Htifh iliip, unlefs the owner Has obtained ^ " certificate of rcgiftryj and any fhip- departing ** from port without being fo. regiftcrcd, and ob- •* taining fuch a certificate, fhall be forfeited*. *«. ■-■ ;', ■ V I RULE li^t^'p'^^^f^. '' ; • ' • '-i T • Chaticp of Mu>U:r. Njine of Siiip. ~»* ■♦ * S«( I. l..>^^i4V^ RULE XXVlL -> "qif^ J^^^hfi" It' ^' " As often as the matter 0/ j^ (hip is changed, " a memorandum thereof is to be inflprf^d pfi the ** certificate by the proper officer (^f the cuftQ^*i''. ^->;----'^-RULE XXYIIL; m^-A^^-iH' ■ "The owner is to caufe the naitier by"%htc:h *' a fhip is regiftered to be painted in a cdhf}>i- " cuous part of the ftcrn i and fuch name -ii -not, " to be changcd(^) t.^: '■ - . • .. - ' '' '' ' or <€ or *' by fir m « du rf an' " Bri «f .^ rl- (a) Vid. ant. 445. {i) Vid. ant. 436 ■f^ M *■ ,u VTttfcJi , ■ u ■ " wh " a I " by " ma an^a Af Shipp prcfec porar) now ii perma As th I . ;^ >. f ?*; SUM M Alt r. v'c'd ■♦*■'■■ ar out as ^ )r to DC inr iiltftiip,;;Or obtaineVt ^ »• departing i, and ob- feitcdV'^ [ilexes of ^ indali$ip$ d, although , to all in- hips." pa. ^. (a) IS cha|igc,cl» )rfc ; . _ \ After this futtmlary of the general Law of Shipping .and Navigation, it will be ufeful (in the prefeiiit moment) to bring into ope view, the tem- porary regvilations that haye been made, and arc now in force, for fufpending the operation of the pcrmaiKnt fyftcm during the prefent hoftilities. As the fummary of the former was drawn into propofitions, fa) Vid.ant. 436. (i) Vid. ant. 4.40. (<•) Vid. ant. 459. ,p K . .. *^« ■J u \i. - lii 1! ■'^; '.'■ ■ .-^i -I ftAjiTATtoNi. " Th* flflwcrwdr* of colottiex itt^ht jFest "Indies, and of' Hpvititri^ in South Aike^ British «* rir«, flf/*^ authorized tp pttrtnitt iU mUtrat and *^'shipj, the importution' m siatt^i (ummr, South AnMrica. ^ ..A. ... ,, .. . , j i .ii •^ and provisions (oeej, porki and buiHrtx* ** ceptedjy being the gray^th (yrp^^duci^^fPh^ ** country to which the ship beii>ngi;'&flp the " e.vporta t inn from the pidve ?(&*i>!<:i^iJ 'k coffee iand'coem' Wkis pte9^ni^ion ^ ii for HeeUe momhii, i^^ . " subtequent order's oft^ij^'mdkths^^th'^^ i vT»is is, by a general otdef of couiidl, if^^t. 1806, grounded on ftat.#» /j^.'^i«i*tl*i^(i ^ :^iH^ini^^ -'{i) Vid. ant, jo^;"' ^^■■S'^* r •* > cr c< ««. •^c. «r rt>' < ■ 'f . . »• ,*6f. ,is;'"i^%iiii , m Wi9t mth Alike* iU MUtrat iuni^ the 7e^t Indies i IS hurtheiii in Brilisit V u " ships f such prq^jf^ce tq. be warehoused, and JJo\*SJ^*; 'In^^at a^ to^jf^'^^^ ^mc consumjptionr^ v>^* \CojiiM^DiTMs, thesroducfi''^ manufac^ ^ America • ' ' I^ % ^ belonging to '.* jyg^iy^tif:,^^ifand with the advice of* . M.\^iijtvJ|rwv v^Jai^^c^/i d< permitted to be im-^-A-^i^ '^ f V'sfiof!$ffft'J:i(9m #4^'^ i^ neutral ships,- ok *f .^ifiVW^^msi^t^t^sh account, subject to such sf^gfUafiims.wkis * i^^sty in council shall ^K 4f^WfVft^ \i/04 Hf^m-M^ same duties as if ^xmp!/l^'*Mi4f^^'^^^isMshipi All such sugar ** ahdi^fej i^ M ^^eittfor^hpusM for e^vporta- f^/iNor lii^nfe 4^7'toi^ graisiteid <« a person " who shall not have exported, or has not given ** security to ^'p^i io: those countries in **, Anifrica, goods from this kingdom, in such '^ proporthu to this value of the goods im- ,. ', ***' jjorM ijl ^sfiail ie directed by his majesty '■'-""' ' ' " .'Sfeiv"* -'■■ ' '" ■ """' - \ ^ {») Vid, ant.j^o.. , , (» YU- »»«. 321. ' .:? .Jiiii!ir.ii - 1. •'.' ^.. \ . ^4 r l#'i|#i: vsi ?.b:5a \i^ i-h, ■j,f >^ TRACE. Silk. r/? flMb Hior^^vidufitiofi- ojF Italy ^ may he imffarted *' Jrdm oitjf po^^rt m- place in amity 'mth his ^^»es»el>, /rom%at^,pmt or I J* placet nottoilhst4^di»gyBix^cf4Kiif\'Sl(Ai.iak ': A* €ar^^, c. i9iA% 'kh\ik.iii!i m -'Xk » vt^^j'-j^^^ "'' Tu^tfy Goods. " Commodities usuaUyJwpfirstedJJnom^^ftr^ f .. <* key or Egypt^ or from tkt grand imgmo^^s ' i*jf -4f domimoiis within tJm lunoanti iSmif^\'1nfnf be , •' impv^rted by Wfty mmb€p.jofs 4ht^ Mirkey . '<« Company y in ships built My urMchn^r^ to^j "Great Britain or lKtland^M^dn^€Ut rat '^'I'V" ships ^ from any port> >or phce^, mpoiH" the ,s" sante duties, if imported in Btitish^^uiU * <** shipSt as they would beitable Mf -if im- ,v«« pointed directly fr^m the place )i of their vi** growth, productiottj or manufacture i if in K*« neutral ships, then, on, the foreign duty, •' notwithstanding sect, 3. 8g 8. of itat. 12. -'f* Car* 2. c. 18. >t\'v>^c^^^^, i4 ^4\v jt'ao^l*( '•* ** Commodities usually iinportedfroftiptacen " »« Europe within the St r eights of Oibral- i^* tar, (except such commodities as might hej'e^ ^Wrtofor^s be imported only from port^and ,:?,'«¥,. Gi% of the StKightt. iJf .<&.g •Us m ■M-b "^u a: - ^ ct placiii tt^r' y**"! s -£ -'.r - :■'■■■■ .« . / •• imfforted f bttM his mihtUnd- jf. Mere nportt^ in Us^'^gy be t«i ,J¥rkey lUf^n^ the itish'huilt tOt -if im- Vs€if their ur&iifin sign duty, f ^iat>, 12. ^rompiacen of Gihrttl- light here^ port^^ and " placci .,lt#i)'5' '-^ '^ places within the dominions of the grand '^^^ f seignior) , mai^ ^ imported from any port *' or place not within the dominions of the '' . v if^' grand seignior i in an^Mp or vessel built *. « ' i%\^ oribelonging: tOy Great hritain or Ire- ^<* iand^ or in any neutral skip, upon the same )»^ idu^itiSi if iinported in Bmtish-itailt^ ships, j^5,4tf they would he SubjeC^i to if infptarted •* dir^ectlyfram the place of their growth^ \f*\f reduction, or Manufacture, (except drugs, ^* which, if the importer is not of the Turkey ■^ *f Company^ are to pay duty as if not imported *• directly) ; if in neutral ships^ then, on the ^foreign dutyi no4withst(tnding the 8 th sec*- '*f^'tim>of:^tat^ia,€ar,2.c,iS» •iv\ sfi^i^iTcmakd tttTs deal boards, fr, andtim- ' 1^ h&t, may b^imported in Eritish-built ships, f^frv|lV'M»y^of Me ports of G or many ; not- **mnthstvnding Stat, 13.^' 14. Car. 1, c. It: ^ ^f<9jiiiiT^) )iht^ piroduce or manufactMre of VQx\».i»\Jt*\u ^^/^drtugaltimmf\'bempO'rttd from i hence in ** any neutrul ship, upon the same duties and *^ ' regulations as if imported in ships of the **' built, or belonging to subjects of Portugal^ . ^* s nai&itfisiqndiiig sect. 8. cf stat, I2. Car. 2. v,1:^i}f: PitcJi, kevJ. Wool. *i <« 4« t'i^'iiii^ Wool may be imported into Great Bri- tainj, from any country or j)lace, in neutral iskipSA}^ ,<.^^>V'^i'3'y>'i..aM. iui,5r«^ ^f,0'$ii*dt««. *v ii* Ba,&illa, Jesuits bark, linen yarn^ bemp, Baria*. scs. indigo, cochineal, rvool^ and cotton^tvoof, L 1 2 ** may s'^ ,:'l''- .'■■' ■ ■■"A ,t < .• '.J" .■■-\ ^~"-#^'' ■■r>^'. I I il I ■i'V m Goo^ fmm States nut in Amity. ■"•WW*" <<^mav he imported ifUo Ireland' Jr^w^^ **'jcouniry9> placet mmitkttdti^^ . ^"4. 8. of itat,\ii CarC^vt. i^^S^'^b ^^^3?, »» '' ^* l^fs mdjesf^/ by order in cotinnl^^^^ in <^ Jfe^and, the lord lieutenant and cdtmcil ■ \ *^* fnay^ by order' in council, front tiniit to ^^^i" time, as often as the saMc shall be iUdsed _^t ^expedient, per mtt any such goods, wares, or %}]-'^ merchandize, as shall be ipedfed in any V^^* ^^ such order, to be inipor ted from any poft or .'* v; \v place belonging to any kingdom or Hate, ** not in amity with his hiajtsiy^^' in shi^s be- '•} /' '. ' «* longing to ihe subjects of any liin^^o^ or '.'state in amity, subject i6 ike dMfik'^afid *"* regulations to which suck ii¥ti t^^a^ '.* ^ j^\\aa ^? :^U afiiS in nd cdimcil m ttm to be judjged , wates, or led in my my pert or i oi^ Utate^ n skips be- kin^^ofh or dkm^afid ii^fe \sub' eifJral :.o* rithh ^ub' ships tjrom pectivety : )ortdbTi ac- 7orn Ldxvs) « salted tUMMA&T; *•' ?«7 tVROKAll :» UU« I , .n?*t, ►i*!T3«» ni'-i'i'#)»frt,'i> ,^*i^ sait§4 provisMfis of, all topts (not being «* m(te^ M^ift Pfirk) oak barky Jlax,JlaX' ** seed, cloverfp and.otfi^n seeids^ nfacfder, roots, ** salted hides and skins, leather, '^ushes, hoops, ** saccharum saturni, barilla^ smeits, yarn^ ** ^^ffron, butter^ cheese, quUls, clinkers, ter- <* ^qqe,j^e{n,^aj, mnegarf, whi(elea^,d^^ *^ J^entin^^ pitph, heifrip^ hQij(les,,wq}n^ot' .*.' j^Qfirdg, taw niaterials, naval scores f, lace, J^,^nd^fren^hcat^br)csandlqwnsn ,j> .^ ,, * J. f RQM , France^^rain (as above) salted Trom rmn, ^'^^^.rppifj^ms of all sorts (not being salted •f %S(^ Qf'^qrk) 9^ds, saffron, rags, oak bark, /■ ; 'I Ji^rpentiney hides, skins, honey, wax, fruit, , 55^ WW *"P^^^i^^^9< Hnseed cakes, tallorv, xceld, *' i^?«;^e^.j^c!^. il'i^en^h cambrics and lawns, » .bt^0, q»^ vinegar. _ -.,^.v^,,^^,.^ " FsiOfd Spflin— Cochineal, barilla, frUit, " OrcheUa weed, Spanish wool, indigOy hifles, ** tk}ns, schui^acy liquorice juice, steds, saf- **> fron, silk, sweet almonds, Castile' ^oap, ** raw materials, oak bark, dnniseed^, livine, *'' cork, black lead, naval stores, brandy, and •' vinegar, Jesuits -bark,' jalap, sarsaparkh, •• tallow, copper, balsams, and ippecacianha.** ^His is, by general order of cdunciJy 15 Aug. 1805, atnetidcd by a minute of council, 10 Dec. iSo^, as to jefuits L uk, jalap, &c. from Spain ; which orcier is made under th^e power given in rc^.„i6. of i^at. 43. (Jcv'j. 3. c. 153. («) 'u%\\U %: ■■'':• ■ V, \'- L 1 V : / .. --i' PER- ,v(f):,yi4.4i»t..i6i.; i «' I ii 1./ I |ia •.«/j»» •RiTisH rain. Surrendered dhipi. -j: 4 *i.u!^. PERMISSION VH. /'"» ;,'-ti^',?n.t,if^-¥ .i^.Ai'j.'' ^'1 ► ♦. *)^^«>.; ;^ " FoREioM jAfj)* andi)t3sclt put under hl» •* majesty's protection at the, time of, or in " conseguende df, the surretidei' of any foreign *' colony or settlement^ may be registered as " ships taken and condemned as larvful prize, *' end may thereby become entitled to the pri' ** vileges and advantages of British ships^ ** under th6 regulations mentioned m^h^^ "act,** ' iiftt-hf ;;h5 'C "; This is hy ftat. 45. Geo. 3. c. ja. (f > jo3h| orfj . PERMISSION yiUi^ '.inolir^iHoiq tt ■■%e'> Foreign Ses- Bien. " MztLCHAUrs* ships ortissels, mff^.oe i^jir^ , '* mgated by three-fourths fqreist\ ^fi^^fi^,.^ \ This is by ftat. 43. (?co. 3. C- ^4Ti(|),a'j| .'*m 1- The above Permiflions have the ^ff^ft W iftiA pending the operation of dilr NaVigACidh lA'^ tiU the return of peace, when, it is iK^d^ t^ttf&etBk which has been partly tht cikufe, and -pMdy^i^ ' conf^quenee, of our commercial prbiperiQ^ «nd our national fecurity^ will again recover its afceii'* .- dancy. ^'■Jmm^^^f'^u:^.kif■f■l:^'^^^^^^^ m mw 3fiJ flx ,hm\ or ^^jiol-apad jjaii a .iimi>/. ;)? O'^Hj 3>'l («) Vid.tat. 518 (*)Vid.anL /*/4'^'-?^j, ■:,•.,'•/: ,OT(!'* MtirMt , .1.,. , hM'j'-iiT^'tii^ (eQpki .they q^nfidcfcc the defence of this ifl#pdr^QP> fofc^ft jnyafipn a$ the firft la>y in thq naftj^n^lippUcyrj an^: jildging that the dominion of tl¥?,lan^ (Qould.not b^prefcrvcd -without poflcffing ^h^t^tl^f ^|a»,i^i>ey^.xn^dc every cgort to mc^curc, (a) What follows to the end, mud be confidered ai written in I792» whien this book was firft publiihed. I choofe to pre- ferve thefe refledlions, made at a time when «ur navigation fyf- tcm; fn:^^i|ie4'^il its^rights» unimpaired by any innovations like thofe to which it has been forced to yield> in the wars of 1793 wd 1803: ,«, hCi (A) . ^v^ t,t m \^ ^' ' ••i2 •'■. , ' i I J 4ifl .:• I 530 ' 1 '■^Xi '. *■ to the nation ^ihmtirat pomct4f'U%i^i^ wiihcd that the merchants iliDukl: :oWn |i| miMf /hips, and employ as xnan^ .native marinert^'nw pofllble. To Induce, and ibmetimes'tO'^'foreirf^ them to this application of their^ capital, reftpit^ tions and prohibitions were devi^. Thefe i^ fedlcd not only foreigners, but nativcijthr mtei rcfts of commerce were Toften fiicriBced to thM objeft. Trade was conlidered principally ^ the means for promoting the employment of Ihipsi and was encouraged chiefly as it conduced >.to the one great national objed, the naTa| ftrength of the couHLry. • i^"^ This policy was purfucd by thofc who came after them in dire£ting '^the. public councils' jaAd in the fevcntccnth ccnturyv vhc» inahj^^ 'iftitdi- tions of our anceftors fella facri^c 4o th^ 'tHjCie of .reformation, the wifdoni of<2ihe mvigaJciTKefc tfi 1-thr mte* :cd to thM Mlly ^ the It of Ihipsi icedvto the ftrength of ■•'7'^'.y»' ■»»"■' ■I' \ .ijt» ilH'X 4ISi uncih'i aAd 40 thi fWie eieof ^oiken riiStivc.-Thc rooght lipion icvei ceikd ieighb6unii| arc to' givp ta^e lof *atJ- L^indwremeQt ip5 had ^ !*hc iftcrlafc «fk out cift- [tid cfeeffi^- jadc ftibfes^ vicnt ', ■ ■ ' ,f /' '■«"feei.ir8to#.' , / l(i«rttrto^f4iwiee'^thc intfrefts of fhlpping. Trade . WMif^ipping^faMit^iproctlly contributed to ad- vance reaehrrotheni and thus combined they coni IHtuced ]VQiy jronfiderablc fourccs of njltional wsahh) Hariog ^pen at firft encouraged for the' i4ke4>f 4ie nayy^ they were afterwards encouraged fer their own. Fronn being fubordtnate and amk-* \BiTy to another object, they are now become fmnctpal objects, themfelvei in the rational po^ licyj and, in the mean rime, the naval power of the country is fure of fupply and fupport, without being dire durmg the war, a number of tranf<- pii}fts,>which has ihdueed the merchants to inveft their ukoney^in ithe building of Ihips for that fer- .vice#- Becon the privateers which were fitted ^t duHng hoftilittcs have no employment at the peaces but the raeUchants' lervice, Tranlports and privateers fall into foreign trades or the fiftieriesj 4nd'in this manner does the fervice of the navy tpa]^backrto ttide and ns^vigacion the, obligations it -.hRd.^befont;'.(iSceiVed^: ■ 7''^'rTr'^?'f ^■^t ^•^^t^S'fM''- f-rnr 5 ;: Inhe^WKdom of any fcheme of policy is to be ^l^afured by'its:effe£bs and confequenccs, our na- K^gBti^ fyftem is intitled to the^prailc of having attained tlie end for which it was defigncd. Whc- .msJM """"■■ " . , • ther . '^i-T^"" ]L^ > .■ . J»» iiV- I \ t I' '^ .i., ■ ./'I i>. i 519 thcrwe regard «hc primar|r) pr, jn/e(lM 9l=9|E^J Ml this (yibemi whether it it the incr^fCiPfflMpp^igi the cxtonfion of uur forbign tradcy «r t^^^^i^'^iK^ o£ our navy, they hiave all $dvwccdlo 9i4egn» g^ j confideration uofxamplcdj ami they piiie thiK^i^ vancement to this fyftem, vv.,;«??»fi.^cJ t)*jjmu With regard (o our ibipping, ic It wt(:^:ibf ifcribed to our navigation»fyftcm^ swyjliifi.w^ j appear from recent cxpcri^nco(^J,,init]ifj$ppUf^T tion of it to the trade of;the ynifitd^ca^s-uWhl^D thofe countries were pan; )9f oun/;p|aiit»tionf) .,i| great portion of their produce was tr^nfpoistc^A tq, Great Britain and our Weft India Jflafids in Atpf;* : rican bottoms ; they had a fi^are in tho ftfi'ig^ of ; fugars from thofe iflands to Great firitaiD^Mihe^s :? built annuaHy more than one hundred |];t>|)#i which ; were employed in the carrying-trade of Grc^tlkit tain. But. fmce the independence of thoie ft^es^ fm^e their /hips have been excluded oftow j^PW '^®M;' . :'5>'^i*-''^?>:/dm 'fci-fY. plantations, I \^ (a) In 1793. , i^vt nl t'j(i) In 1793. ' lay be. Tprc^i . carried ^^ f^ ^He^a4f lpymcntC tft ds in Am«f e ftfiigj^x, q( rUain/:rtil»(36 f Great »rit :hoie ftates* plantations. /.-;rt*i 1 179a. pl^ti^BiQ^ and that trade is whoUy confined w BrSttfh^^lMiik fliipt) we have gained that (hare of otr ctrrying-trKle> from which *'hey are now cx- chidedr Old we moreover enjoy a considerable pr^jBordon in the carriage of th^ produce of the United States. 'H*Mv>^m'»'< vTnt increafe of our trade and naval ftrenglli hat kept pace with that of our (hipping and na- vigation. We can refled with pride, that our fo- reign trade, combined with our manO&dtures and domeftic induftry, enables us to raife annually (o) fixteen millibns of money with more eafe, thai four millions were raifcd during the reign of kirg William { and this upon a people, who, in t' 'sir different rsinks, enjoy more riches, more pompe- teftcyi 'imd more comfort, than any people in £u-< rope; and who are more induftrious, bccaufc u ^y are belter prote^ed by a conflitution, whicL has been progrefHvely improving, both in the theory ^ndpra^Hce of it, p the prefcnt time. In was chiefly owing to the effedls of this wife fyftem of navigation, that during the American war we were enabled, notwithftanding the defec- tion of our colonies, to maintain an arduous con- tell: againft France, Spain, and Holland, till in the fend the fleets of this country rr-wht be faid to havd triumphed over the naval povcj« of Europe. Artin this experience, no one can doubt but that it is the policy of Great Britain to give her principal attention to maritime aflairs ; to carry /aoufijaiiRj^ .on \ I '■'■i (ft) i»j '1 :( II: i l; ;'J0 I : r ,!■• !) >\ il ' i • : /, .1 ■'^' i 5«4 V ' ' ; CONCLUSION. '' ,.,' \. on her own trade, in her own (hips, diredUy to al' . rr parti of the world i and to encourage her Bflicfies in every feai and from 'thcfe fources Ihe may al- ways hope to,oh(sun a naval force adequate to . : guard her (hores fh>m hoi^ile invafion, and to ie** ,\. , ' cure her domeftic Felicity, both public and pri- vate, firm and unfhaken as't^c ibundations of the So2 jV «/£^ vi|C{ jyt.ev i«|^^^V£$ i^^^^^^^^ (".■ f 'i.« 't.' n, ■' ( **' <• . . I. 1 - > * ■;%;.; APPENDIX. » »? K*' -■*? •w ■v.'/---. . ' . '-I.,, . liredUy to ^ her Bihcfks fhe may al- adequate ID „ and to fcn lie and pri- itions of the ' :^<^«, -if ■' .PPENDIX. » -■>'.; •:[ry>^^ 'l£ OJ yitorh itilfft hWb Y)ri ni t^bfiT^ fiv/d%«f fib. e^fiaffift Tiff 3j^£iiiovrn oj btg j blv^vr ');b 1o «)iiEq ' / ,-nq him ',>H»firq riKuJ .^^71:7^ ryj^snttal) -23i^ 'y-jiji ' ^ ^. , APPENDIX.' •/■■'bf«', ■; '■ I. FORM OF OATH IN STAT. 7. & «• WILL. 3. ^^ ;^ H. CERTIFICATE QF REGISTER UNDER STAT. 7. «r - ' ' ' 8.WILL.3I * ' aI;iCERTIPI)CATEQE FREEDOM UNDER STAT. 7. 55 ' 8. WILL. 3. ■/^,,,o. V ■■ IV. FORM OF OATH IN STAT. 15. GEO. «. . V. FORM OF OATH IN STAT. i6. GEO. 3. VL FORM OF CERTIFICATE OF REGISTRY IN STAT^a6. GEO. 3. . , VIL FORM OF A MEDITERRANEAN PASS. VIIL FORM OF THE BOND ON GRANTING A ME- DITERRANEAN PASS. , .1 ^-ty \:--i. xiOKa^^rA ■ " ^ k'^^.\.:' ^, '4.:;- / ' ■: ■■ -V' --^1 ¥' •■:*^^ U -^'^^^Ll^^^^^ «■■' ■'■''■- 'a f * ' • 4 (■: 'i ;-^5t^: ,^>,, biq . u ■:', -, ■« * 1 ,!ia,3^iff. lAfj^l^. ix. ' k / ■ ' ... 1 ■ 'r * ^ ,. V ■ J. . ■ < A * - , *'«.'- ■ ■"■'"• ' -'"^ ' '-''.■ ■^ FORI &I was J 0« is at pi {iiwtien in the y «»««] are at pj iodireai r in 'k^'iiift A Ce ''^; Tiii fuan INpui of th /or previ Trade, \ That the prefent i dred and the year < James Gi abovemei / >\ ■ l^' % ■ . ' Ma. "^^ iat- -■-■ : tP II?. IT -it t>dl 1lo JL. i,:;w ,w^ :".^-^^ ^j. ,-(fft-.i./Ajtv »>**» ■ APPENDIX. No. I. FORM qf Oath which was dircftcd by Stat. 7. & 8. WilL 3. to be taken, before a Register was granted.. JURAT* A. B. That the Oi^p \fmrt'\ whertfof is at prefent mafter, being a \hiirthen\ tuns, was built at in the year \tim whenl mami\ t-<»jr'.>v of ■ ■..{ ,Xv-'^- are at prded t Ovraers thereof; and that no foreigner, direflly or iaditeftly, hadi any (hare or part or intereft therein. '5.'' .'' • ,'■ * \n«m'\ of V \maft«i'tnami\ „ , ^ ■ --'■■ [kind of builtY' '' ft and that [oci;«/rV and ofy tic. ■^-'Vv-s; -V;. .a-^' ■.'X k^ki\ti§. 'fr '0i%, • —■■! .::■-'. v; ■t .:>^*v'^i;.;', /^J./ ". A Certificate of the IIegister for a Bri- tish Ship, whiph ufcd to be made in Pur- fuancc of Stat. 7. & 8. fFill. 3. " - ">-> IN purfuance of an aft made in the feventh and eighth ytiars of the reign of king William the Third, intituled, Ja Act for privtHting Frauds, and regulating Abufts in the Plant at tin (l. s.) Trade, William Strong, of London, merchant, maketh oath, »*'"»• BaUs, That the (hip the Mary of London, whereof James Smith is at lector. prefent mafter, being a fquare-Ilerned brigaiitine of one hun- (L. S.) dred and twenty-five tons or thereabouts, was built at Briltol in Deputy*Com»- the year one thoufand feven hundred and eighty-five ; and that troUer. James Green, of Briftol, Jahies Smith, and William Strong, abovementioned, of London, in Great Britain, are at prefent osvaers I 1 '^ ;; k ■fl 1.1^ ' ;■ , 1 ./<,.. 't ./ :%;r i v. APPENDIX. 1 \ f •■ • ' - f . •wnen thereof; tnd that no foreigBer* d|reil^)r qr IndireAIjr, 4iath any ;. i • . u. , , " 1 ''W ii J[j..Milji)L. iU'W -,iitgi^i^^ oa ^-'' A Certficate or Freedom, wl^icK uled to be "*- made in Purfuance of Stat. 7. & 8. IViH. 1. A and Other Statutes. ' . .. » .^^ .p'i ' .,i-»ii.^Uii .»fl^'^^TM) AtL TO WHOM this pfcfcnt Writing fhall comkr'Ed* X ward LouiTa .Mann, Efq. coIlectDr of his inei)«A)r*scuf. I'^ltopis inwardii in the port of London, fcndcth greeting : Wk g a !• "I;'Ai by an aft of parliament, intituled, ** Ak A^ fki^fr^i^mini " Tramds, and regulating Ahufts in kh M^efyh Ci^(*>i^* k is, among other things, therein enaAed, that nd foreign-b^lk fliip ihould enjoy the privilege of a >Aip belonging, to BtogUiird or Ireland, although owned and manned by^ Engliih (except Aich ihips only as ihould be taken at fca by letters of mart or reprifal, and condemnation made in a court of admiralty as lawful prize) ; bat all fuch ihips ihonld be deemed asalienn ihips* and be liable to all duties that aliens ihips are liable unto by virtue of another a^ of parliament, intituled. An Ailfw incrtajing and encouraging cf Shipping and Navigation : And by two feveral a^s paiTed'in the 20th and 29th years of his majeuy King George the Second, it is further enaAed, That all prize ihips or veiTeU which ihall be legally condemned, fhall to all intents and pur- pofes wha<4bevet be confidered as Britiih*built ihips or vciTeh, and be d?emcdand taken as fuch: Now know ri. That the ihip or veilel formerly called Le Marquis de Sordiz, and now called the Scattergood, whereof John Marihamit atprefent maf- ter, French- built, of the burthen of 160 tons or thereabouts, fquare-fterned, having two decks and two maib, was a prize .taken from the French king's fir bjeftj, and legally condemned t in ^»v IndireAly, He Culipn- ^ia^tl on ifcd to be mil. 3. nBij«fty*8 cuf. g: WrtlRl- gii-fcalk BUgUinid or (except fuch rt orreprifal, ty 9,9 Uwful ptfliips, and ) by virwe of Incriajing and two fcveral King George ips or vefTeU nts and pur- ps or vciTehi I, That the \%t and now prefent maf- thereabouts, was a prize condemned in '\^ip'^^a^ot'^?a^adBMRf;i»eId atthe townofSt. Jig6' of London, miiritfer; hath ihaHe oani>^'tiv4t' \^ faid (hip or veflel is ftill in being, and the fame which was taken and condemned, as aboVefaid, by the same of Le Marquis de Sordiz, and is now called the Scatter- good, and che fame for v^hich this certificate is granted ; That no foreigner or alien direAly or indiiediy hath any part, fliarc, or itttereft therein { but that he the faid deponent> together with Ifaac Kemp, Anth. Facer Kemp> Chiirles Childs, John Grant, ;:.nd Thcmas Gill, all his majeliy's native fubjefis, are now the *" only owners ; as alfo, that no former certificate hath been taken out fctr. making free the faid ihip or vtSpX, by thds or any other name or names whatfoever : And JohnMarihamdidon the i8th January 17$ 8 pay his majefty's cuftoms for the faid fhip ; her fackle* appareli ji^d. furniture, being valued on oath at 3101. h?-?*^Q^>:;^,':d3<)tl]i Jianiiary 1758. ■- * Efq« coUeflor of his majefly's cuftoms in- uWar^^rin the poirt of London, hath hereunto fet his band, and Kaiifed tbf f^» king, defender of the faith, and fo ■. -torth.f y3lj5:inil)fi )o nuo> * bi -^iiHttr nf^if.y ;:rji.;>j533! i*;7^ '" Certo'antf<^ted fo.-497l^ '4^ '^^^ '■'''-^ ■ ''''^'- ' " intheGerteral"Regifterfo#'"'^-'l^i'V^^>*'- " V-,i^rj2e Ships: " -^ ,:,,.;.,..;!..;. 1^ t,. .'■aj'i'jy io zqiH! sin^ ib ?*.iiT. ,!■ (A ■CopyXr?.tVi„i:-^.crj''rc --i!: 'ijlbv to Kq'''l> .i!i:;tf'"itur'n z& h'^\^hiiup'> mrT'^CMh'b-s .' .■i''-'i, ' v«;j*v')fi07i4; Ik? rfio: OOj m x. j fii^rf -^^rf) "to jJijj.ii-ilJ'iS'H ,i'>.' Collector. X % ■4-' - >i' P*l nip MvfrS .^-.:-,^\: ■s .^v*:^, ^APPENPJX. j*i. it'inRft t'Xtj M»<5Hi5'>{j-«»;,'<_V\vNO. I V.. n^ -^a ^"ni\<\ ,«wo\ .mif .'KORM ofOAti^ ^hich is dire^dr^y Sltatvi5. V'^ 6rffo* ^. c. 31. to be takea iiC ft Qbrtipigate '■^^^ «^,;! o' tllSiCip'or iji've/!':! called 6f! , doeisfwear (or folemnly affirm,) That the fa-i /hip or v^fTftl has been, as he verily believes, rc- ^^htered accoKiVffig to law, to qualify her to trade to, froin, and p\ his ftiajeliy*;! pIa.i',!»tioris 5f> Jmer/cM, %M'x\^:X Ivn had a certi- ficate tliereof g r.' ntect at I he port of ' ^' » ^ut that the'fime is loft or miflaid, and t'lM he catitjc.. "itf'the fame, and does not kn6w wheie the fame is, or wl'it is become Efcercof ; and that the fame hath not been, nor fhail be, with his privity oi* knbw- ' ledge, fold or difpofed (fef to any pe?{bn or{>erfdnsAvhatfoevisr: and that he this deponf^nt (or affirmant) and three-fotitthi ot the mariners navigating the faid fliip or veffel a^e his majisfty's .^ritijb fdbjefts, and the fed fliip of vdtfel does now, as hfe be- " lieves, belong wholly to th majclly** Bfhijb l^bjefts, and that no foreigner has, to his knowledge or bdief, 'a^V^ltarc, pro- perty, or intereft therein. ' . ■-. .'— .'^H> ^^^ '^ ^>c^v.... V-.-. >v\\ Na. ,«\-ivS»:i;w -ih "\j iY»U^\ A'il ^j r.:-«- \« ili. its ■A. FORM 6£mi^■^rcm^Wi^ 'i^:''itM:% c. 60. to be taken, in order to making a Re- gistry, andgranting a Certificate thereof. I J. B. of [place of nfidence and occuiutijn\ do make oath, That the fliip or vefiel [name^ of [port or place] whereof [majier'i name] is at prefent mailer, being [kind of built, bur- then, etcetera, at defcribed in the certificate of the furveying r.f- ficer] was [njuhm and whe- . built y or if prize, capture and con- demnatitn] ; and that I '• ' fald A. B. [and the «ic...v.7 nan.-: '"'■■' . . ■ "■"■ . - W 'M K *.x.' f '•< TIF le ATE in order ' t\kC , and tounty, or if mtmbtr of, and rt- fident in aw/ faSory in foreign parts, or in anyforiign town or tity, hting a*, agent for, or' p^tner in any houfe or to^partnerjlnp aduaily icnrrying on trade in Great Britain, or Ireland, the name of fuch ^aHqry, foreign town, or city, and the namte of fuch houfe or copart- ner/kip"] am [or are} fole owner [or owners] of the faid veflel, ^ and that no other perfoh or perfons whatever hath Or have any right, title, intereft, (hare, or property, therein or thereto ; and that . I the faid J. B. [and the faid other owners, if a«f\ am [t(f aJ;e] truly and bona fide a fubjedl [or fubjefts] of Great Britain \ and that I. the faid A. B. have not [nor have asty of the other owners, to the heft of my knowledge and belief] taken the oath of alle- giance to any foreign (late whatever [except under tie terms of fame capitulation, de/cribing the particulars thereof], or that fince my taking [or his tr their taking] the oath of allegiance to ^iiifMiag the foreign ftates ^reJ^eSively to which he or any of the fqid owners Jhali have taken the fame] and prior to the pafTmg of an Aft in the twenty- fix th year of the reign of king George the I'hird, (intituled, A^ Ad for the further Increafe and Encourage^ ^ent of Shipping and Navigation) , I have [or be or they hath or have] become a fubjeft [or fubjefts] of Great Britain [either by his Majefty's Utters patent, as a denizen or denizens, or natU' ralixed by aSl of parliament, as the cafe may be, naming the dates of the letters if denization, or the a3 or aSs of parliament for na- turalization refpeiiively], or [as the cafe may he] I have [or he or they hath or have] become a denizen [or denizens, or natu- ralized fubjeft or fubjei!l», as the cafe may be] of Great Britain, by his Majefty's ktiers patent, or by an aft of parliament paiTed fmce the firil day of January one thoufand feven hundred and eighty-fix [naming the times when fuch letters of denization have buen granted refpeftively, or the year or years in txhich fuch ail or acts for naturalization have paffed, rejpe3ively], and that no foreigner, direftly or indireftly, hath any fliare or part or in- tcrcil in the faid (hip or veifel. • <\\ ■i^'.W: Mm* - r ■ *■'' v^r ■ 1] No. 'mi. .fe ■y^' • 1 .«.-. >^m^j APPENDIX. ' No. VI. (i ,fi<>P K«»f;.). ■/;-.. , .;n ..r .^.'? ^H.(j-, ?l FOUM of a Certificate of Registry ditcftect rf' r }^ ^^ granted by Stat. 26. Geo, 3. c. 69. Tlipurfuance of an a£l pafle(J iii tM tvirenfy X reign of Icing George the Tlird, intituled, An ASl [here in/ert the title of the aii^ the namest occupation, and refidtncet of the fubfcribing onMneri\, having taken and fubfcribed the oath reqaired by this A£t, and having fworn that he, [or they] to- gether with [names, occupation, and rejidence of non-ful^fcribing muners\, is \or are] fole owner [or owners] of the flup or veffel called the [Jhip's name] of [place to ivhich the tiiffel h(' A«^']> whereof [mafter^s name] is at prefent mafteri and that the faid (hip or veflel was [lubtn and inhere built, pr captured, and date of condemnasii ;] ; and [name and employment of the furveying officer] having certified to us that the faid fhip or veflel is [whether Britijb, foreign, or Britijb-piantation built], has [number of decks] decks and [number of majfj] mails, that ht t' length, fro;il the fore part of the main flem to the after part of the ftern poft aloft, is [number of feet and inches] her breadth at the broadeft part, whether above or below the main wales [number of feet and inches], her height between decks [number of feet and inches, if more than ont dck, and if not, then] the depth of the hold [number of feet and inches], and admeafurcs [burthen] tons, that (he is zl [kind ef vefei, and how built] has [whether any or no galiery] gallery, and [kind of head, if any] head; and li.e faid fubfcribing owners hav- ing confented and agreed to the above defcription and ad- ^ meafprement, and having caufed fufficient fecurity to be ^iven, as is required by the faid aft, the faid [kind and name of the tow." -vlfel] port]. has been duly regiftered at the port of [name 'cf the .' rr .\ \.( jf\ rG»'r';«'j1 \i ■^ .K«''l '<{ rv vM Given under our hands and reals of office, at the Cuf- tom-houfe in the faid port oF [name of the port], this [date] day of [name of the month], in the-'ytar [vjorJs at length], Tt oj LfiyoJ %'if\a\ hn.ti' inhlu^ m t'A 1 ,1.1 .i:- -If! HI: V APPENDIX. ... . '..■.,55 .., . , „ rear 0/ tne •efidenctt of d the oath rthey] tQ- \-ful:ffcribing he flup V h» ftiffil bt- r. and that pr capturedi mnt of the favd, fhip or [//e» builf], tpafts,vthat o the after inchetl her w the main ween decks and if not, mhes"], and vejei, and and [kind iwners hav- 3n and ad> o be ^iven, » goods, and merchandize* without any let* hindrance, feizure, or moleftation* the faid fhip appearing to u> by good teftimony to belong to the fub« je£b of his njiajelly, and to no foreigner. f. " Given onder our hands and feals at the office of admt* '^^T^^ lalty, '^•Voanperfonr'"'*^*^ '^'^-. -' ^' ' «• ' whon) thefb may concern. V* "; ' tirfflgy comnuind. of their Lordftiips. ' ', ! 1 ..-■■;> ■rt' (L. S.) (L.S.) (L.S.) riiwn 3f!j "wolad 10 ovor. -.tttt ,f{,,fa No. YlII. -'■•I J » ■ -^ ■ - . ■>v,':^9Ci FORM of i Bond to be given at any of the i' :^8 of Great Britain or Ireland before a Me- ,^^^^.J^piTERRANEAN Pass be delivered for any Ship vurOr Vessel built in thofe Kingdoms, or in any b- of His Majesty's For^'ign Governments or , f*;;^ 'Plantations, or for any Foreign Ship or '^^ Vessel made free, and qualified to have fuch Pass granted, as the fame is prefcn'^'"^ by an Order of Council dated 28thAuG^i>i' 1776. ■J K NOW ALL MEN by ihefe prefents, That wo are holden and firmly bound to our foyereign lord George the • . . M m 3 Third, ./•"'.•I:. I I !: I 1 < *, I ^.till ... • APPENmt. .. .' . . ■ ... J, ' ' • Third, by the grace of God, of Great Britain. France, tG4 ^ Ireland, king, defender of the faith, 8ic, in > pounda of good and lawful money of Great Britain* '. to he paid to our faid lord die king, hia heii», and fucceilbrsat to which certain payment well and truly to be made wk bin4^ oarfelvcs, and each of ua for the whole, our and each of ott»:i . It' -9, executoiB, and adminiiUacors, firmly by ihefe prffenitAj^ 't,4i«|;PiWi(i» our feals, ojiTio the day ^ oC. ."->•': T : • t in the ;* • r^', r - year of the reigaol? our laid lord the king, and in che year of our Lord ij ,i» lioiA^ rU'tL CONDITION of this obligation is fuch. That' WHBRBAS th^ nK'-- « bounden hath receiv'.J « pats, purportiii^ to he a Mediterranean pafs, ftgned i by the right honourable the commiflioners for executing the oiHce of lord high admiral of Great Britain and fo forth, for tha, called the . ;.. of ' ^■^• ^whereof, he tb«(v faid ,■:},'<: is a£lually made , bearing date th« tain or Ireland, where (he ihaU come in order to her unload.^ ing : Or in cafe the faid ihall not return to Gri Britain or Ireland, within the term of three years from th«:; date hereof, and during all that term (hall remain, and be tliQ,^, . property of his majcfty's fubjefts ; then if the matter of the ,i faid for the time being, do, at the expiration of A t'ac faid tern of three years, deliver* or caufe the faid. pafs tO)(f be delivered, unto the governor or commander in chief of on«t;s • of his majefty's foreign f/overnments or plantations, or untOr. one of his n.^j^fty's confulti in the Mediterranean or elfewhere,;, • in order to its being by fu^H gcernor or commander in chief,-< orconful, re^ cd and tranfmitted to the commiflioners for . executi the cTice of lord high admiral of Great Britain : A.N D , if ne faid matter for the time being do and (hall, when ♦ % * ,r -I tW:^ ^4fi.;1 ince* ui4 t Brit«in« ucceffors ; ! wr bind ;h of our prff^nis, day enigivof' 7 . » ..--ulw ch. That hatli r»«>ngned I the oiHce b< for tho of, he the ; date the r the faid his death ter of the afs to be f m her Br .' the real 'i- unload- to Gn from the id be tlie er of the iration of id-pafs to f of one or unto fewherc, in chief, t>Qer$ for Britain : nd (hall, when APPENDIX. when and u often ■)" the faid -^^«'i ^'^ • (hall go inito fDf foreign port or pi vitMn the reach or dtftriA of tny of lii» iMi«fty'«ctmful , a. iver, orcaufe the find paf* to be delivered, unto fuch refpedlive conful or confuU, or his or their ,^j>>'>?.\ * < s4 , . - jf.-tjfi"-. ,fi ....„.-•— ' .^\i} i,».ttn',pj .moil ahotxO ,-^Jii-.\ I. •' mi ?/;■.•'''!■ S* ••««T?n(^jr'.iiM VH'i! ■ ."f>^'' • . ^3(1 ;yj«»t1; ,»»■♦^'■;■ i -9 I* :);U ni adbnui^ti' '<■ -' . • ' ■ si' v*".' sbfit? ■^i^-'r'' Capture and condemnation, 484 - - ' . ■ Carrying Trade, 12. 35.109.155. AFRICAN Company, — 11 J. 313 156 -American Citiaep, British Subject, Case of the Fishburn, '^.fii 483 r , ,', . 310.328 theFladOyen, 485 . i — ll. India Trade'; 3i5. 325 the Hoop, - 369 333 Idle V. Vanneck, 801 ■ Ships, Sea Letters, 313 " ■ Macneal, -. 473 ■ 'Treaty, 28^.325.333 Mitchell l'. Torup, 203 Alien M«rich^ntt ih Colonies, 300 -~— — RoUeston v. Hibbert, . 464 Asia, .AfrjtOt. atid America, Trade v. Smith, 480 with, -_ 106.121.313 Scottv.D'Achez, 176. 180. ^llowanod on salted fkh, 223 189 ^foretf jftle» of - -^ fiO, gP4 — — — v. Schwartz, 174 " r. J •\- -, ^ . u •. Wilson V. Marryatt, 311. . f^/i{l, "Snt 1i ,.S3£^0V ?{1J- i' ^ 325 B. Ceded Islands ^'^ '#' '- 317 Certificate of Registry, 431,456 Baltic, Goods from, exported to the Indorsement on, 434. 456 Plantations, - 268 Lost, or mislaid, 244.405. Berkeley, Sir IFilliam, his letter, 58 436 Bill of Sale of a Ship, 435. 455. Coasting Trade, 21. 26. 214. 370 465. 480 Colony, or Plantation, what, 52 Bounties in the Fishery, 223. 225, 93. 102. 323 ^ 227 Committee of Council for Trade Breda, Treaty of, 1 59 and Plantations, 263. 426 Buenos Jyres^ trade of, 365 Contraband Trade in the Planta- tions, 53.61.76. 81. 156 - C. ' Cotton Wool, - 1 14 Callicoes, coarse, - 113 Country, or place, where foreign Canaries, Produce of the, 109. 305 ships' built, J 83. 187 Cape of Good Uojie^ trade oS 301 Country "f.' Nr¥ I N D E X.I? : (■ I- ■•;-'■■ Country of foreign mariners, 188 European Tj^de,1»dw'nftvi|ate*^) Customs, Commiijsionera of 414 .'Or.iw.- .ri^vjiji jg^j — Report, on Registering, 415 Hxwwff, Salt Trade, . - >\fi7^ on Ships in the nsifiiymjAl tl^aV. bno vj»*«^>mQ v^-Eastland Trade, , 445 -^il*' i^^^T^rlsH KFcj ;nio-ii gbo'sjj " ••' ■ .■ ,Sn*^<- ■ • '^^'j'*-f--" ■>'■••■';■:" ,■ .■i^^^n^i nwi) ,3Jii*l3ti^'l4 »^/'iJji Fir-timber from Germany, 159 lli d: Decisions and Law Opinions, p3. 120. 165. 249. 304. 322. 367. . ,.' 394. 464 /'. Direct importation, I07. 111. 130 Drags from America, 111 ♦ Hungary, or Germany, 168 Dunkirk, whether part of the Ne- therlands, - 171 i>ufcA-Carrying Trade, 35. IO9. 203 :' Property Acts, 320- 347. 352 Duty, easement in, for goods in i: " British ships, 16. 452 ■ Aliens, foi goods in foreign ships, - 19.447 Fish foreign-caught prohibited, 219. m •■ on coasting vessels foreign- :^;.'..' ,ito!'i:i 221 built, - - - 214 Foreign ships Brilislf manned, 174 ■ C, . •— — ^A exports from the Planta- Marines, their country, 188 Fisheries encouraged, 21. 21 6. 219. 221. 371.393 Fishery, Deep Sea^ -;'' « v : 389!' Herring, ~ mf. 229* 38« ' , . — Greenland, 21S. 22^3. 228. -Newfoundland, 93. 220. 225. 372. 374. ■ ' ■ ' " Americans prohibited from, -.:.;. 231 1 Pilchard, .:)*^ ; 891 Southern Whale, 227, 379 Whale, , .t?H'224. 226 British,' "* '-" 388 The Society of the Free British, - 229 11009, 53.66 E. vx'-/ in Brit»h ships,' 248 Forfeiture, laws cf, " 203 France, Commercial Treaty with, r 341 East Frizeland iVx^t^, 185 Free Ports established, 81, 290. £fl«^ /nrfia Company, 113. 114. 314 295 . Trade, Americans, ,315 —— Sugar ;>:,d Coffee, 2^. Foreign Ships, 314.318 ' 298 ■ whether Colonies 323 Freigr.t of ships regulated, lu £a4//«/irf Company, j| lul ;^*" i ■ • . - — Trade, ships in 44,) i"'"-';" , ' • ^^•*-*''^ " Enumerated goods tVom the Plan- -afiM*:'.' .iiliT-Q;'/'. i^iv.- ^.-.fi.oM)' tations, 47.68.70,71-73.77. " ,W-rtiihu;-i,j hcia h 1^). Gascmy tiiMfi, 9- 13j( 17 . . in the European sOennany. ^'jVe Netherlands. Trade, y^tm^-^-i^ j^j Gj^ra/^ar, Morocco goods Ironi, 31 3 European Trade reguTated, ICi. , European Goods from 150. 338 , 3G0 II , Fhins employed Governors of Plantations, 46. 50. in, - 17^:. I'SS. 18^. 33G V. 64. 68. 69. 4U V. ,■■ ,£;!') n 9, ^ ;i;ij V.I nany, 159 21. 216.219. 221. 371.39a 389 2ir. 229i38« 219. 223. 228. 375 id, 23. 220. 225.372. 374. i^j Ameriouis ■' , -.■ . 231 ale, 227,379 . .4. 224-. 226 388 of the Free 229 rohibited,219. '•'■' ''''-'!'■ '221 nannedt 174 r country, 188 Britteh ships,'' 248 203 Treaty with, 341 ed, 81, 290. 29ry ,d Coffee, 2^. 2.98 iated, lii. ■ , , ,eo^? 9. 13^17 eiluiid.s. )odshoiii,31,'} Goods from '3Gf> ions, 46. 30. k 08. 69. 411 "■\'-''?''i-^:'--v'',i ,.i^:--^' .:.. Ji N D E X. ., Governors, circular Letter to, 62 Ireland deprived of the PlantatiofT;:) Guadeloupe, whether a Britisii Co- Trade, ' - .51;.? lony, - 98 Plantation Trade froni and OtKnitey and Scraey, European to enlarged, 70. 72. 83. 85. 87. goods from, to the Fisheries, 82 314 Gum senega, ' -, .113 ' Isle of Man, 79. 246. 389. > ' 'rjVm ii4iplh-^i- Italian Merchants, - 13 , ,.' , • — ' J. * -.v Jesuit's Bark fiom America, ll\Q l65 • \i^^:...'rt'« 5rty Company, 117 Lumber to the Madeiras, 79 Hmgari/WiMs, - 159. 218 . r .^ 'i,n i,. ' .:Prugs, , >«)•,'!.' 168 , .. V M. ' '^W3' adi Icv't.^' .,aT ^^ Malta, Tr&de of, - 346 g "^ ■ ■ t ^iff=0'^ji Manufacture, what, 110.123 Importation, what, " - 196 Mediterranean duty, 217 Indemnity Acts Neutral Trade, 359 -^ Pass, 406 West Indies, 302 Morocco, goods of, ••■*;. 543, ;¥. N. JftStructions to cruisers, 24 June, ' 1803, - "" 363 , 23 July, 1803, - 364 Names of ships, 400.435 — , 4 Sept. Naturalization, 188. 257 . 1803, - 363 Navigation encouraged, 10. 17. 28. Act of, A. D. 1651, 35 12. Car. 2. 42.45. - — , ■ ■, 23 Sept. 1803„)ft,,> ;;,..;•!;•.; - 364 _^ 29 June, 180*5, - 360 , 17 Aug. 1805, - 364 Intercourse with America, restrain- ed and prohibited, 90 • permitted, 266, 277. 303 Netherlands and Gemiany, goods — ■■ regulated, from, prohibited, 155. l66 271.277.288. Germany, goods from, — , annual or- permitted, - 159 ders in Council for, 278 Austrian, goods from, Iron to the Madeiras, 79 permitted, , . - igy 106. 150. 214. 216. 232 enforced, 55 complained of, 1 54 * dispensed with, 59 154. 208. Act passed in Scotland, 44 1 - I N D >'■- ^ ■'■ Netherlands^ French, goods from, ^ permitted, - 341 Neutral Ship Acta, 351. 358 New Englandera evade the Acts of V Navigation, - 56 Newfoundland, whether a Colony, 93 '. — Supply Bill, 269 r-Vide Fishery, E X. A:': :/ ■ \ '90J^,.5O$ O; 278 364 Opinions of Law Officers, — '- Vide Decisions. ORDERS IN COUNCIL, American Intercourse, Trade of captured Colonies, 14 Sep. 1S03. Trade with France and Holland, 359 15 Aug. 1805. Trade with France, Holland, Spain, 361 1« Dec. 1805. Jesuits Bark, &c. 16 Apr. 1806. Organzine Silk, 11 June 1805. Cape of Good Hope, 17 Sep. 1805. Intercourse with W. Indies, 8 Oct. 1806". Tortola Free Port, 19 Nov. 1805. Trade to St. Domingo. 26 Nov. 1805. 'Hides, Goat Skins, &c. 7 Jan. I8O7. Trade of Malta, Plantation Goods (6 ^''oreigft Eu- rope permitted, ••^' ' • 71 Bonds, 3 1 . 47. 53. 59. 6&. 79 ' : Intercourse with, forbid, 33. 90 —~-^ y/it'hi permitlJed, 266,277 — - with, add the United States, 271. 277 35^ 353 301 303 299 366 ■Spanish and Portuguese, produce of, 62. 81. IO9. Ill Portuguese. Vide Plantations. Ports. Vide Usual Torts. Powers under a Statute, 357 Prize Goods, - 195 Goods of ^.. I/,.die8, ' 'rS36 Ships, 177- 295. 462 Ships made free, 405.. 435 Prohibition of Goods from the Ne- therlands and Germany, 115. 209. / \*i- l56. 341. Registering of British Ships, 237. 246. 397., 430. 437 .. _ — de nova,, 244. 404. 435 , ,. — _____ Frauds in, 397 — Defects in^ 402 intended 410 A.iiii •/M 344 Amendments in. 347 i Pass, Mediterranean, 405 Persian Goods, - 112 Plantation, wliat, 52, 03, 102 —Trade regulated, 28. 31. 45. 63. 69. 78. 265 ■ -^ — European Goods sent to, - '48.72.82 considered by the Committee of Council for Trade, - - 414- Report of the Commissioners of the Cus- toms on, - 415 Proposals rope forbid, — Goods to Foreign Eu- .. :- 52 ♦:< of the Commissioners for amend ing the Law of, - 424 Prize Ships, 405. 436 Returned Goods, - ""143 Hice to Europe, - 71; T-"^ Rusiia Trade, - iji tUissia jlUm; t< v.? V" cLidio't Op .sr $aU/to Scotlau Stomei Shippii Afri» .^ps. ers, ,1 -,i men miss .-.- f .1 ii-.UT, -.-fo butli •■ j,r ' i. ' t i>iik, t I :o Foreign Eu- ,■• , ' ■ n Si. 4.7. 52.69, 66.79 se with, forbid» 33.90 with,'permitr1Jftc!, 266.277 switli^ and the • 271.277 iiid Portuguese, )2. 81. 109. Ill Plantations. ?orts. :utc, 367 — : 195 dies, ' ' S36 177. 296. 462 ;e, 465.. 436 Is from the Ne- many, 115.209. 166. 341. ' , \ >" ish Ships, 237. . 397.. 430. 437 — — de novo,, 244. 404. 436 — Frauds in, S97 — Defects in, 402 ■; — ii)tfn^ed iiji'.i"J''J ' 410 — corifeidered of Council for 414. — Report of rs of the Cus- 415 — Proposals icrs for ameiid- lips, 405. 436 ^143 — 71; 7^ iji 1 N D 'A n^iioT '^J OO0, ttOllcJi lt|t««BrGompany, J^ttin^to^c h\e o( 162 79 \'^M J. OP .^.r, ■' . ■ ■;^ !Mt to Colonies, _. j*. ,-. . 50. 72 Stottmdi Union of, 242 Stannfta, Jpreig»» employed, 247* V'^? 1^2-' ■ *'^)' V.i?'-j;,«!Bo^'.< 463 Shipping, British, encouraged, 9. 232. 445. 450 r— — for the Trade with Asia, Africa, and America, 142. 319 '*,w: for the European Trade, qi 172.187.338 .WWps, British, what, 235. 237- 246. ■ 0-. 319. 429.442. ■ithhr : ^,l >.m< to be British-built, 459, *'/*!.' .oioi) ;■'■(■■■. 237. 460 iO i O'.i,m . ' W fhow. navigated; 238. >f: dJ^^ 247.257. ■ ^. to be registered, 236. 240. 397. 430. 455 ' • " ' built, sold Xo Foreign- ers, ),;: • - <•' >o gav;:.?- 178 — — , huiMing lai'gc, * 239 • , Priae, 246. 256. 462. 487 *rr — , foreign, made free by Patent, 249 - — • by Parlia- ment»C ■ -— - 250 .~~, by Com- missioners of the Customs, 25% r" — foreign, surrendered 46*2 -rrr:^ British, foreign-owned, 2'>9. A 246 '^-r: — foreign, British manned, 174 : ' > '■■foreign, British-owtied, 2J6". .-t*^ — foreign, country or place where butlf, - 183. 1S7 :rr-Trr foreign, wrecked or stranded, 403 >SiV?rrt //^onc Company, - 318 J^iik, oiganzinc, ' .' 152. l()7 •-■-— Persian, - ■ 112 .--: ■ raw - 1 1 J ihjown., - 109. 3.'>:> ■-.■•• ■-'•■-.. *.:M4' : ■ Smuggling, ' ' ' V. h-^^ifn'^ South-Sea Company, : ■ « jjl> I"" ' f|W Spanish Plantations, >i '".iii 62. 8l »n Wool ,:.mi^i::'-'9^$ ' '"^■S^l ■ .,U;{i STATUTES. T — ' '■-^ 27. Edvj, 3. c. 49. Forfeitures, - 202, 206 31. £rfa;. 3. St. 2. c. 1. Fisheries, - 1^1 31. Erfrc.S. St. 3. Ditto, - 22 35. Edw. 3. St. 1. Ditto, - ibid." 38. Edw, 3. C.8. ' •'•nr Forfeitures, - '202, 20fi 42. Edw. 3. c. 8. " ' Ships of Gascony, 9 5 Rich. 2. St. 1. c. 3. English Ships, - 10 6 Rich. 2. c. 8. Ditto, - ibid. 6 Rich. 2. c. 10, 11. Fisheries, - 21 14 Rich. 2. c. 6. English Ships, -^ 10 3 Edw. 4. c. 1. Foreign Ships, - 11 1 Hen. 7- c 8: G. ■ 'It. 1 ^'A I m 70 Export of Corn, ' 27 Russia v^vim|jaii^, - ^vo 5. £ftz. c. 5. 10. & 11. mil, 3. c. 24. Constitutions for the Navy, 21, 23 Fish in foreign $hi{>6, -?1.9 13. £/«z. c. 11. 10. & lli miLS. c. 25. Fisheries, - 54 Newfoundland, ' - ibid. 13. Eliz.c. 15. 1. Aim. st. li C* 12* English Hoys, -' 21 Hungary Wines, 159 23. FMz. c. f. - 3. & 4. ^,?fh (f.-^ ; Engrossing Fish, - ^^-^'i^g^ |lice and Molasses, '% • 27. £//2. c. 15. . , Vs 3. &; 4. Ann.c. 8. Ditto, - - 25 Irish Linens, - 71 39. £/tz. c. 10. 5. Am. c. 8., Ditto, - - ibid. Act of Union, - 71» 242 1. Jac. 1. c. 23. , 6. .<^nw..c^37. Pilchard Fishery, - ibid. Manning of British Ships, ]24S 3. Jac. 1. c. 12. 7. Ann. c. 8. Ditto, - - ibid. Jesuit's Biark, -.,! 1 ^^^ 12. Car. 2. c. 18. 9. Ann.it.'i\. Aci of Navigation, 42, 45, IO6, South Sea Company, ;',$./j> gy,^,^!^ r . 150,214,216,232 1. Geo, 1. st. 2. C.18^ '? - 12. Car. 2. c. 34. Fish bought of ForeignerSj,!^,. j?21 Planting Tobacco, 54,. 5. Geo. 1. c. IS.'* ''* •V 33. & 14. Car. 2. c. U. Salt Fish exported, , , . 222 ^Act of Frauds, 65, 155, 217 5. C^eo. 1. c. ^^ 15. C^ar. 7. c. 7. . East India Company, u ''^.„,. 115 Act of Trade, - 48,217 6. Geo. \.c. 14. 18. Car. 2. c. 2. Raw Silk and Mohair, ., ,..4; |.ll Herring, Cod, ^c. 218 6. Geo. 1. c. 15. " ■ "*' '' 0'2. (^ 23. CV. 2. c. 26- Timber from Giuinany,,,, .,„ 159 Ireland, Tobacco, .^1, 54, 66 ?■ Geo. 1 st. 1. c. 21'. 25. Car, 2. c. 6". £ast India Company, 115 Export of Fish, - i;,; 218 t ' 8. Geo. 1. c. 12. 2.>. Car. 2. c. 7. ColTt.eand oflioiEnumerutedGoods, PiantationG.)ods,&c. 53, 161. 219 77 3C. Cw. 2. c. 2.-^ -* • 8. G^o. ) c. 18.J ,^,„;.ji., Stoc^ Fish and Eels, • '218 Copper Ore, -...'- 70 .\.J,jr.2.c.n. • * i" 11. G^. l.^i^^qj^,^. ,,. Coastini; Vessels, 214, 2:)<) Tea from Holland,^. ,» 148 2. //'///. cV ilic//7, St. 1. c. 9. 13. Geo. 1.' e/|f^ .;. . ,„ Thrown Silk, '^ -' 110,152 Salt to Pennsylvauiii, ".^'■'7'2 ^^i 7. & 8. JViff. 3. c. 22. 13. 6Vo. 1. C, fSji .,,..J■,v^ Piantatioa Trade and Ulegisterinn;, Cochineal, - 11^ 6":;, 240 3. Geo. 2. c. 12, , , 9. & 10. JViii. 3. c^. 26. ' . -, Suit to Now York, ,^ 72 African Trauo, - tVS Z. Gaj. 2. c. ^,, .(„,.. - ' 71 4. GVo. j I' 9. & 10. mn. 3. i)WS 71» 242 I '^aiterianean Duty, 217 5. Geo. 3. c. 39." / - 37. I ^. Geo. 2. c. 35., , .,. Isle of Man, - > ■ '■' ^'-'''^ '•«^i,--^"-Yro • « Geo. 3. c. 44. 130 Ships,, .8, 'S» »♦* I 'fio^•ering. 111 ,'.-.-7:3 I?IQ .116 79 5. Geo. 3. c. 44. 12, Geo. ^. c. 30. ' African Trade, Sugars to Europe, jr3, 294 5. Geo. 3. C 45. 13, Geo. 2i C, Sy,', ; American Act, ,i-^/ 73.79 ,nn..... nv.. _ Wreign Seamen,'^''';''* .-'''■ 248 ' 6. Geo. 3. c. 49- 2. c/l87 I 14.fecot2*.C.MvA. i Free Ports, - 81 signers, 221 ■ 'firsiangilks; "■';';' "V^^ il"2 : ■ ' ^Geo. 3. c.52. ,ih,,M " '^^ ■ fiGeo;2:c:3l.- Plantation Bonds, Cotton Wool, 79. Rcgisteringof Sliips, 243 83.113 15. Geo. 2. c. 31. 7. Geo. 3. c. 2. Plantation BOiids,^ ^,. '- 75 Plantations, Ireland, .li j.j r.8® V 15. Geo: 2:.,^c: S3,. 7. Geo. 3. c. 45. Sugars to Eui'opc, ,'^J^^., 75. 2i)4 'Isle cf Man, - 246 17. Geo. 2. t. 36. 9. Geo. 3. c. 28. 'Foreign-owned Ships, 20.9 European Goods to the Plantations, 20. Geo. 2. c, 45, Prize Ships, 'i •;, ; ' 246 11. Geo. 3. c. 3 i. 22.' GW2.' c:i45'. - British Fishery, Greenland, - Q2i U. Geo.3. c 38. 23. Gen, 2. c. 24. Whale Fishery, ■ British Fisheries, - P9 13. Geo. 3. c. 26. ;- 23. Geo. 2. c. 311 "'' British Sh i{is,- Afric.inTrf„de, \' "^ ' .,.- 119 K}.' Geo. 3. c. 72. ^' 25. Geo. 'i.e. 3^: Salt Fith, -. ' Gum Senega, - , ,: ^^ 14. Geo. 3. C. I9. ^ 25. Geo; 2. c.'4-i .;•. •; c ■,,-: ' 70 •JOi,,r.-,,nj,' r. 4, c. I5f ;...M,-> 112 12. ) v'j/'lt 148 ■ iti.; •^ 7-: 72 2M. . ,(hi' 71 4, Geo. Biitibh Fishery, 82 230 224 247 22.5 90 90. 231 91 ?i-r Jj[j4 i>5. Geo. 3. c. 18. Ditto, - , j. - 2 JO ,15. Geo. g» Ci^Qh...v Ne\vf()undlandyfji;qj/iD">Kiijal . A25 ,■■ ' i ,. »«;' ''. -■". . •' . • ,1 , ' ' ^ -?• , ■ r - V* C — *P .^ ,, .r ■ '...,.. 1 •■ * •• 'H 'J^ ,^ t ,1 1 ; :,* -i' B I I f^ ' •if'' u : ( -i ' ■ U.Ge6 8. c. 35. Goat Skins, #n l5. Geo. 3. c. 5. Prohibitory Act, 16. Geo. 3. c. 47. Southern Whale Fishery. 17. Geo. 3. c. /• Letters of Marque, vn^ 18. Geo. 3. c. 55. IreUnd) Plantations, '^^ 18. Geo. 3. c. 56, Irish Shipping, ; » , ;i# • 1<). Geo. 3. c. 9. Organzined Silk, »>l: , 19. Geo. 3. c. 48. Of Maihiifacturing, •'? SO. Geo. 3. c. 10. Ireland, Plantations, 20. Geo. 3. c. 45. Foreign-owned Ships, i'*;-' 20. Gto. 3. c. 60. Greenland, 21. Geo. 3. c. 19. Flax-Seed, 21. Geo. 3. c. 27. Jesuit's Bark, 21. Geo. 3. c. 62. Orchilla weed, 22. Geo. 3. c. 19. Greenland, 22. Geo. 3. c. 78. Austrian Netherlands, 23. Geo. 3. c. 1. Corn and Grain, 23. Geo. 3. c. 9. Indian Corn, 23. Geo. 3. c. 26. , Repeal of the Prohibitory Acts, 266 23. Geo. S. c. 3.9. Intercourse with America, 23. 6eo. 3. c. 6'5. African Company, 4 24. Geo. 3. c. 16. Alivns' Duty, ♦■ - . Q\. Geo. 3. c. 45f Intercourse with America, / So. Geo. 3. r. I. Newfoundland Supply, V\5. Geo. 3. c. .iS. Pilclard Fibhery, 1 N E iC. ;^*Vr 23. G%o.*S, c. i?$, 114 Herrihg Fisheries, ''"^A-^j 26. Geo. 3, c. 26. 92 Newfoundland Fishery, 872 26. Geo. 3. c. 4ii' -»'•'■* 227 Greenland Fishery, * ,*' 26. Geo. 3. C.45?'' 375 891 379 42S 388 a68 93 Pilchard Fishery, 26. Geo. 3. c. 50. 83. 229 Southern Whale Fishery, 26. Geo. 3. c. 6'0. 247 Registering Act, 26\ Geo. 3. c. 81. 210 Herring Fishery, 27. Geo. 3. C. 7. 129 Intercourse with America, 27. Geo. 3. c, 10. 85 Herring Fishery, "^ " 27- Geo. 51. Ci 13. 210 Consolidation Act» 341, 453 27. Geo. 3. <:,. 19- 228 Morocco Goods, Regi.^tering; Ac. 313, 338, 4'^2,,443 ;;« 27. Geo. 3. c. 27."' ■'^ Free Port Act, - 290 28. Geo. 3. c. 5. Intercourse with America, 26p 28. Geo. 3. c. 6. Intercourse between the Colonies and America, - 271 28. Geo. 3: c. 35. 167 Newfoundland Fishery, 374 29. Geo. 3. c. 16. 212 United State?, Quebec, bread, &C. 277 29. Geo. 3. c. 53. Newfoundland, Greenland, and Southern Whale Fishery, 373, 377 30. Geo. 3. c. 8. United States, Quebec, Neat Cattle, ■'}■ :.f' ■'«',' . iT.. i i^ D E X. c. W. c. 26. c. 41. '^ 37 c. 45i 39 c. 50. lery, 379 c. 60. 428 c. 81. 388 . c. 7. ncrica, 868 c. 10. 390 c* 13. 341, 453 0,. 19. ;gi$tering; &c. 338, 442, 443 c. 27. 290 • c* 0» lerica, 269 n the Colonies 271 c. 35. ry, 374 c. 16. )cc, bread, &C. 277 c. 53. recnland, and 'ishery, 373, 377 c. 8. c, Neat Cattle, 277 c. 29. on Quebec, ibid. c. 38. America, ibid. c. 55. ny, 3^8 33. Gto. $3. Ceo.. 9, c. 50. IS. Amertca, United States, N. Sco- tia, ,, -. - 277 33. Ct9. 3. c. 63. Ireland, Plantation Goods, 314 34. Geo. 3. c. 35. lode^nnity, West Indies, 302 34. Geo. 3. c. 68., ,...,. Registcping of Ships, &c. 3i§. ^41. 370. 455 ^ " 35- Geo, 3. t. 15. c. 80. Dutch Property Acts, 349. 350 35. Geo. 3. c. 02. Southern Whs-le Fishery, 379 35. Geo. 3. c. 115. |1. India Trade, Foreign ? ps, 3i4 ' 'r S6. G<'o. 3. c. 76. Neutral Ship Act, - 351 36. Geo. 3. c. 112, Ships, BWtishr ir^urchased, 463 ,37. Gee. 3. c. 2K ' i^ape of Good lilope, - ^301 :, ;37. Ceo. 3. c. 63. Alien Ij^chants, surrendered ships, 300. 463 i 37. Geo, 3. c. SJ. AmericAU Treaty, 288. 315 ,;3f:(^o.5. c. 1^7; E. Ij^^a Trade, foreign Shipn, 3 IS ':\^ '"" " 37. Ced.3, c. 121. Southern Whale iPishery, 384 38. deo. 3. c. 57. Southern Whale Fishery, ibid. 39. Geo. 3. c. 112. Neutral Ship Act, - 352 39. & 40. Geo. 3. c. 34. War Act, 1793, • 317 39,&40. Geo. 3. c. 51. ii Greenland, Oil, " ^-^'^^i' 41. Geo. S. c. 95. IJnited States, Ireland, ,.'i^^^>'"'^^41. Geo. 3. c. 103. Witrade of Malta, .' 42- Geo. 3. c. 18. Southern Whale Fishery, ii. , 42. Geo. 3. c. 6"l. f, , RefflLStering, Ireland, 'vti/d^ ''*V"'^2. Geo. 3. C. 7^' .( ^ J iSoutneirn Whale Fishery, 378 289 34^ 38u 462 386 42. 6to. 3. C. 80. Neutral Ship Act, 320.352 43. Geo. 3. c. 64. Foreign Seamen, - 4r64 43. Geo. 3. «. 153, War Act, 1803, 32^1.355 44. Ceo. 3. c. 29. Hides, Tallow, Goat Skins, 343 44. Geo. 3. i. 101. Exuma, Salt, - '274 *5.* ; .- .. yd ":-\ *i»^* .Wy.ttj"^!) .at' .My, V. ..' i N D-E' X. .Totoixo, EK^ttt«s concerning, 29 Usual Ports, 1071 110. 130.138. Tobeceo forbid to be planted, 54 146. U7 Twkey Trade, - 131 Company - l64 : ■ , W. 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