Goods from Mauritius liable to same Duties and Regulations as West India Goods. pointed by the same, in as full and ample a Manner, in all respects, as any of the Ports herein-before mentioned (1) are free warehousing Ports appointed by this Act. XLIV. AND whereas it is expedient that all Duties and Regulations, relating to Importation and Exportation into and from His Majesty's Islands in the West Indies, should be extended to the Island of Mauritius; be it therefore enacted, THAT all Goods, Wares, and Merchandize, the Growth, Produce, or Manufacture of the Island of Mauritius, and all Goods, Wares, and Merchandize which shall have been imported into the said Island of Mauritius, and which shall be imported into any Part of the United Kingdom of Great Britain and Ireland (2), or into any Posessions of His Majesty, His Heirs or Successors, shall be liable, upon such Importation into the United Kingdom, or into any such Possessions respectively, -to the Payment of the same Duties, -and shall be subject to the same Regulations as the like Goods, Wares, and Merchandize, being of the Growth, Produce, or Manufacture of His Majesty's Islands in the West Indies, and imported into the said United Kingdom, or into any such Possessions respectively, would on such Importation be liable to the Payment of or would be subject unto; AND that upon the Exportation of any Goods, Wares, or Merchandize from the United Kingdom to the Island of Mauritius,—such Goods, Wares, or Merchandize shall be liable to the same Duties, and shall be entitled to the like Drawbacks respectively, as would or ought by Law to be charged or allowed upon the like Goods exported from the United Kingdom to any of His Majesty's Islands in the West Indies; AND that all Goods, Wares, and Merchandize which shall be imported into or exported from the said Island of Mauritius, from or to any Place whatever, other than the United Kingdom of Great Britain and Ireland, shall, upon such Importation or Exportation respectively, be liable to the Payment of the same Duties, and shall be subject to the same Regulations, so far as any such Regulations can or may be applied, -as the like Goods, Wares, and Merchandize would be liable to the Payment of, - or would be subject to, (1) See § 33. (2) See Cap. 111. § 12. In respect of Duties in United Kingdom imposed by that Act, Mauritius put upon the same Footing as His Majesty's Islands in the West Indies. upon Importation or Exportation into or from any of His Majesty's Islands in the West Indies; AND that all Ships and Vessels whatever, which shall arrive at or de- tors in Demerara, Essequibo, and Berbice, may supply from Holland. their Estates XLV. AND be it further enacted, That it shall be Dutch Proprielawful for any of the Subjects of the King of the Netherlands, being Dutch Proprietors, in the Colonies of Demerara and Essequibo, and of Berbice, to import in Dutch Ships, from the Netherlands into the said Colonies, all the usual Articles of Supply for their Estates therein; and also Wine imported for the Purposes of Medicine only, and which shall be liable to a Duty of Ten Shillings per Ton, and no more; and in case Seizure be made of any Articles so imported, upon the Ground that they are not such Supplies, or are for the Purpose of Trade, the Proof to the contrary shall lie on the Dutch Proprietor importing the same, and not on the seizing Officer: PROVIDED always, that if sufficient Security by Bond be given in Court to abide the Decision of the Commissioners of Customs upon such Seizure, the Goods so seized shall be admitted to Entry and released. XLVI. AND be it further enacted, That it shall not be lawful for such Dutch Proprietors to export the Produce of their Estates-to the United Kingdom, or to any of His Majesty's Sugar Colonies in America. (2) Dutch Proprietors may not Kingdom or export to United Colonies. Dutch Pro prietors. XLVII. AND be it further enacted, That all Sub- What Persons jects of His Majesty the King of the Netherlands resident shall be deemed in His said Majesty's European Dominions, who were at the Date of the Signature of the Convention between His late Majesty King George the Third and the King of the Netherlands, dated the Twelfth of August One thousand eight hundred and fifteen, Proprietors of Estates in the Proprietors of said Colonies, and all Subjects of His said Majesty who Estates. (1) See also the Power of the King to regulate the Trade of Mauritius, $78. (2) Certificate of Production must not be granted for such Destination, see § 26. Holders of No Ship to sail - may hereafter become possessed of Estates then belonging to Dutch Proprietors therein, and all such Proprietors as being then resident in the said Colonies and being Natives of His Majesty's Dominions in the Netherlands, may have declared, within Three Months after the Publication of the aforesaid Convention in the said Colonies, that they wish to continue to be considered as such, and all Subjects of His said Majesty the King of the Netherlands who may be the Holders of Mortgages of Estates in the said Colonies made prior to the Date of the Convention, and who may under their Mortgage Deeds have the Right of exporting from the said Colonies to the Netherlands the Produce of such Estates, shall be deemed Dutch Proprietors under the Provisions of this Act;-provided that where both Dutch and British Subjects have Mortgages upon the same Property in the said Colonies, - the Produce to be consigned to the different Mortgagees shall be in proportion to the Debts respectively due to them. - XLVIII. AND be it further enacted, That no British from Jamaica to Merchant Ship or Vessel shall sail from any Place in Saint Domingo, or from Saint the Island of Jamaica to any Place in the Island of Saint Domingo to Domingo, nor from any Place in the Island of Saint Jamaica, Domingo to any Place in the Island of Jamaica, under the Penalty of the Forfeiture of such Ship or Vessel, together with her Cargo; AND that no Foreign Ship or Vessel which shall have come from, or shall in the Course of her Voyage have touched at any such Place in the Island of Saint Domingo, shall come into any Port or Harbour in the Island of Jamaica; AND if any such Ship or Vessel, having come into any such Port or Harbour, shall continue there for Forty-eight Hours after Notice shall have been given by the Officer of the Customs to depart therefrom, such Ship or Vessel shall be forfeited; AND if any Person shall be landed in the Island of Jamaica from on board any Ship or Vessel which shall have come from or touched at the Island of Saint Domingo, except in case of urgent Necessity, or unless Licence shall have been given by the Governor of Jamaica to land such Person, such Ship shall be forfeited together with her Cargo. Colonial Laws repugnant to any Act of Parliament, to be null and void. XLIX. AND be it further enacted, That all - Laws, Bye Laws, Usages, or Customs at this Time, or which hereafter shall be in practice, or endeavoured or pretended to be in force or practice, in any of the British Possessions in America, — which are in anywise repugnant to this Act, - or to any Act of Parliament made or hereafter to be made in the United Kingdom, so far as such Act shall relate to and mention the said Possessions, are and shall be null and void to all Intents and Purposes whatsoever. and to L. AND be it further enacted, That it shall be lawful for the Officers of Customs to go on board any Ship in any Port in any British Possession in America, rummage and search all Parts of such Ship for prohibited and uncustomed Goods, and also to go on board any Ship hovering within One League of any of the Coasts thereof, and in either Case freely to stay on board such Ship so long as she shall remain in such Port, or within such Distance; AND if any such Ship be bound elsewhere, and shall continue so hovering for the Space of Twenty-four Hours (1) after the Master shall have been required to depart, it shall be lawful for the Officer of the Customs to bring such Ship into Port, and to search and examine her Cargo, and to examine the Master upon Oath touching the Cargo and Voyage, — and if there be any Goods on board prohibited to be imported into such Possession, such Ship and her Cargo shall be forfeited; AND if the Master shall not truly answer the Questions which shall be demanded of him in such Examination, he shall forfeit the Sum of One hundred Pounds. LI. AND be it further enacted, That all Vessels, Boats, and Carriages, and all Cattle made use of in the Removal of any Goods liable to Forfeiture under this Act, shall be forfeited, AND every Person who shall assist or be otherwise concerned in the unshipping, landing, or removal, or in the harbouring of such Goods (2), or into whose Hands or Possession the same shall knowingly come, shall forfeit the Treble Value thereof, or the Penalty of One hundred Pounds, at the Election of the Officers of the Customs; AND the Averment in any Information or Libel to be exhibited for the Recovery of such Penalty,that the Officer proceeding has elected to sue for the Sum mentioned in the Information, shall be deemed sufficient Proof of such Election, without any other or further Evidence of such Fact. (1) See § 15. as to Ships bound to the Port. (2) See Writ of Assistance, § 53. See also Onus Probandi on Party, Officers may board Ships hovering on the Coasts. Forfeiture of Vessels, Carremoving riages, &c. Goods liable to Forfeiture. Goods, Vessels, &c. liable to Forfeiture, may be seized by Officers. Writ of Assistance to search for and seize Goods liable to Forfeiture. Obstruction of Goods seized to be secured at the next Custom House. LII. AND be it further enacted, That all Goods, and all Ships, Vessels, and Boats, and all Carriages, and all Cattle liable to Forfeiture under this Act, shall and may be seized and secured by any Officer of the Customs or Navy, or by any Person employed for that Purpose, by or with the Concurrence of the Commissioners of His Majesty's Customs; and every Person who shall in any way hinder (1), oppose, molest, or obstruct any Officer of the Customs or Navy, or any Person so employed as aforesaid, in the Exercise of his Office, or any Person acting in his Aid or Assistance, shall for every such Offence- forfeit the Sum of Two hundred Pounds. LIII. AND be it further enacted, That under Authority of a Writ of Assistance granted by the Superior or Supreme Court of Justice, or Court of Vice Admiralty having Jurisdiction in the Place (who are hereby authorized and required to grant such Writ of Assistance, upon Application made to them for that Purpose by the principal Officers of His Majesty's Customs), it shall be lawful for Officer any of the Customs, taking with him a Peace Officer, to enter any Building or other Place in the Daytime, and to search for and seize and secure any Goods liable to Forfeiture under this Act; and in case of Necessity, to break open any Doors and any Chests or other Packages for that Purpose; and such Writ of Assistance, when issued, shall be deemed to be in force during the Whole of the Reign in which the same shall have been granted, and for Twelve Months from the Conclusion of such Reign. LIV. AND be it further enacted, That if any Person shall-by Force or Violence assault, resist, oppose, molest, hinder, or obstruct any Officer of the Customs or Navy, or other Person employed as aforesaid, in the Exercise of his Office, or any Person acting in his Aid or Assistance,— such Person, being thereof convicted, shall be adjudged a Felon, and shall be proceeded against as such, and punished at the Discretion of the Court before whom such Person shall be tried. LV. And be it further enacted, That all Things which shall be seized as being liable to Forfeiture under this Act, shall be taken forthwith and delivered into the Cus (1) Assaulting with Violence, &c. is made Felony, § 54. |