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tion, this act, and every thing therein contained, shall be deemed to 13 Geo. 2. be in full force and virtue, and have continuance for and during the c. 3. time of any such war, and no longer, except in respect to such merchant ships, and other trading vessels, and privateers, which shall be on their voyage before the determination of such war, who shall be and are hereby allowed the liberty and benefit of returning home, navigated in the manner as hereinbefore is provided.

How import

ing vessels

Rule 23. No goods whatever shall be imported into any place in Great 34 Geo. 3. Britain, or in the islands of Guernsey, Jersey, Alderney, Sark, or Man, c. 68. § 1. on board any vessel which is or shall be registered, or which by law is or shall be required to be registered, as a British vessel, unless such ves- shall be navisel shall be navigated by a master and three-fourths at least of the ma- gated. riners British subjects.

gated, 2.

Rule 24. No goods whatever shall be exported, or shipped for the How exportpurpose of exportation, from any place in Great Britain, or the islands ing vessels of Guernsey, Jersey, Alderney, Sark, or Man, on board any such vessel shall be navias aforesaid, unless such vessel shall be navigated by a master and three-fourths at least of the mariners British subjects. Rule 25. No vessel which is or shall be registered, or which by law is How vessels or shall be required to be registered, as a British vessel in any of the ports of Great Britain, Guernsey, Jersey, or the Isle of Man, or any of the colonies, plantations, islands, or territories belonging, or which may tions, &c. nahereafter belong, to His Majesty, shall be navigated but by a master vigated, § 3. and three-fourths at least of the mariners British subjects, except as is

hereinafter provided.

in Great Britain, Guern

sey, planta

gated, 4.

Rule 26. No goods whatever shall be carried from any one port, How coasting member, or creek, or place of Great Britain, or of the islands of Guern- vessels navisey, Jersey, Alderney, Sark, or Man, to any other port, member, creek, or place of the same, or of any of them, in any such vessel; nor shall any such vessel be permitted to sail in ballast from one of the said ports or creeks to another; nor shall any British vessel be permitted to sail Fishing vesfrom the ports or coasts of this kingdom, or of the islands of Guernsey, sels. Jersey, Alderney, Sark, or Man, to be employed in fishing on the said coasts, unless such vessel shall be wholly and solely manned with and navigated by a master and mariners all British subjects: provided al- Foreign mariways, that it shall be lawful for the commissioners of customs in England, and for the commissioners of customs in Scotland, respectively, ing. by licence under their hands, for which no fee shall be taken, to authorize any such vessel employed in fishing on the coast of Great Britain, or of the islands of Guernsey, Jersey, Alderney, Sark, or Man, to have on board any foreign mariners, for the purpose of instructing the British mariners in such vessel in the art of fishing, or taking or curing fish, such foreign mariners not exceeding one-fourth of the number of mariners on board such vessel.

ners to in

struct in fish

mariners for

voyage, 5.

Rule 27. Where it is required by this or any other act that the mas- Proportions ter, and the whole or any proportion of the mariners, of any vessel shall of British be British subjects, the true intent and meaning is, that the master and the whole, or such proportions, shall be British subjects during the whole voyage, unless in case of sickness, death, desertion, or of the whole or part of the crew being taken prisoners in the voyage, and in such case the master of such vessel shall specify the same in his report: provided also, that nothing in this act shall extend to alter, or in any Fishing veswise affect any regulation for navigating or manning of ships employed sels. in any of the fisheries carried on from this kingdom or any part of His

34 Geo. 3. c. 68.

Who may be masters and

Majesty's dominions, for which any special provision has been made by any act in force before the commencement of this act. (a)

Rule 28. No person shall from henceforth be deemed to be qualified to be the master of a British ship, or to be a British sailor, seaman, or sailors, § 6. mariner, within the intent and meaning of this act, or of any other act now in force, except the natural born subjects of His Majesty, or persons naturalized by any act of parliament, or made denizens by letters of denization, or except persons who have become His Majesty's subjects by virtue of conquest or cession of some newly acquired country, and who shall have taken the oath of allegiance to His Majesty, or the oath of fidelity required by the treaty or capitulation by which such newly acquired country came into His Majesty's possession, except as is hereinafter provided.

Foreign seameu, 7.

Proviso.

Oath of alle

reign state,

$8.

Rule 29. Every foreign sailor, seaman, or mariner who shall have served, or who shall serve, on board any of His Majesty's vessels of war, in time of war, for the space of three years, either in one and the same vessel, or in different vessels, and who shall have obtained a certificate or certificates from the captain or commander, captains or commanders of such vessels on board of which he shall have so served, or in case of the death of such captain or commander, then upon the certificate of the officer then living who shall have been next in rank to such captain or commander, testifying that he has so served, and testifying his faithful service and good behaviour during the time of such service, and who shall also have taken the oath of allegiance to His Majesty before some justice of the peace or principal magistrate of some city or town in His Majesty's dominions, or before the principal officer of His Majesty's customs in any port of His Majesty's dominions, and who shall obtain a certificate from such justice of the peace, principal magistrate, or chief officer, of his having taken such oath (which certificate they are hereby authorized and required to give upon the payment of no greater fee than that of one shilling), shall, from the conclusion of the present war, be entitled to be employed as a master of a British vessel, or as a British sailor, seaman, or mariner, on board any British vessel, within the intent and meaning of this act, or any of the laws now in force: provided that no such foreigner shall be entitled to become the master of any British vessel, or to be employed as a British sailor, seaman, or mariner, unless he shall have delivered the before-mentioned certificate or certificates of the time he shall have served, and of his faithful service and good behaviour, and the beforementioned certificate of his so having taken the oath of allegiance to the collector or other chief officer of His Majesty's customs in the port of London, or in the ports of Chatham, Portsmouth, or Plymouth, to be filed by such collector or other chief officer of customs, who are hereby required to deliver to such foreign sailor, seaman, or mariner, an attested copy thereof.

Rule 30. No person who is or shall become qualified to be the masgiance to fo- ter of a British vessel, or to be a British sailor, seaman, or mariner by birth, naturalization, denization, conquest, or service, in manner hereinbefore mentioned, and who has taken or shall take any oath of allegiance to any foreign sovereign or state whatsoever, for any purpose whatsoever, except under the terms of some capitulation upon the conquest of of the dominions of His Majesty by any enemy, and for the purpose of obtaining the benefit of such capitulation only, shall

any

(a) See the case "Scot against Schwartz," at the end of this title.

to owners.

be deemed to be qualified to be the master of a British vessel, or a 34 Geo. 3. British sailor, seaman, or mariner, within the intent and meaning of c. 65. any of the laws of navigation, unless such person shall have taken such cath of allegiance before he became so qualified; (a) and any person who Disqualified shall, after having become disqualified by taking such oath of allegiance, persous. take the charge or command of any British vessel, as master or commander thereof, shall, for every such offence, forfeit 1007.; and every person who shall, after having become so disqualified, engage to serve as a British sailor, seaman, or mariner, on board any such vessel, shall forfeit for every such offence 10.; such forfeitures respectively to be Recovery of recovered upon conviction before a justice of the peace, if such offence penarty. be committed in Great Britain; and before any member of the supreme court of justice, or any justice of the peace, if such offence be committed in the islands of Guernsey, Jersey, or Man, or in any plantation, island, or territory, to His Majesty belonging in America: provided Disqualificaalso, that no vessel, on board whereof any person who is so disqualified tion unknown shall be employed as master or commander, shall be forfeited by reason thereof, if the owner or owners of such vessel shall show that such disqualification of such master or commander was unknown to such owner or owners respectively, or to his agent, and that such disqualification of such sailor, seaman, or mariner, was unknown to such owner or owners respectively, or to his agent, and to the master or commander of such vessel at the time of engaging such person so disqualified to serve on board such vessel: provided that in the navigation on the seas of Negroes, Las America and the West Indies, from any port of America and the cars, &c. in West Indies to any port of America and the West Indies, any negroes and to eastbelonging to any persons being or having become His Majesty's sub- ward of Cape jects in manner aforesaid, and with the qualifications aforesaid, and in of Good Hope. the seas to the eastward of the Cape of Good Hope, from any port to the eastward of the Cape of Good Hope to any other port to the eastward of the Cape of Good Hope, Lascars, and other natives of any of the countries to the eastward of the Cape of Good Hope, may be employed as British sailors, seamen, or mariners, in manner heretofore practised: provided nevertheless, that no negro belonging to any person who has become a subject of His Majesty, in manner before described, in any of the islands or colonies late under the dominion of His Most Christian Majesty, shall be entitled to be employed in manDer before mentioned as a British sailor, seaman, or mariner, unless all the conditions required by 34 Geo. 3. c. 42. shall have been complied with so long as the said act shall continue in force. (b) ›

West Indies

Rule 31. Nothing in this act shall extend to take away or restrain Proclamation, the effect of any such proclamation as His Majesty is empowered to $9. make by virtue of 13 Geo. 2. c. 3. (c) [Rule 22 of this title.]

$10.

Rule 32. If any goods whatever be imported, exported, or carried Goods concoastwise, contrary to this act, all such goods, and also the vessel in which trary to act, the same shall be so imported, exported, or carried coastwise, with her tackle, &c. shall be forfeited; and also if any vessel shall sail in ballast, Vessels in or shall sail to be employed in fishing on the coast in manner herein- ballast or before mentioned, or, being required to be manned and navigated with seis. a master and a certain proportion of British mariners in manner hereinbefore directed, shall not be manned and navigated according to this

(a) See the note at the end of this title: see also the laws under TITLE 3, (b) Now expired.

(c) Rule 22 of this title.

fishing ves

34 Geo. 3. c. 68.

By whom

act, such vessel, with her tackle, &c. and all the goods on board the same, shall be forfeited.

Rule 33. All the goods and all vessels forfeited by this act may and goods may be shall be seized by any commander of any of His Majesty's ships of war, or any commissioned, warrant, or petty officer, specially appointed by him, or by any officer of customs. (a)

seized, § 11.

Vessels at sea

number of

mariners, $12.

Rule 34. In case any British vessel be found at sea, having on board having extra a greater number of foreign mariners than is allowed by this act, or any law now in force, or hereafter to be made, and the master of such vessel shall produce a certificate of the actual necessity of engaging such foreign mariners in some foreign port, by occasion of the sickness, death, or desertion, of the like number of British mariners, or of the same having been taken prisoners during his voyage; and that British mariners could not be engaged at such foreign port to supply their room; and that for the safe navigation of such vessel, it became necessary to engage and employ such foreign mariners, under the hand of His Majesty's consul, at the foreign port where the said foreign mariners were so engaged, or if there is not any such consul there, under the hands of two known British merchants at such foreign port, it shall not be lawful for any of the persons authorized by this act to make seizures of vessels navigated contrary to this act, to detain any such vessel so found at sea, or to hinder her from proceeding on her voyage; but such persons are hereby required to indorse the certificate so produced, testifying the production thereof, and when and where met with at sea; and that the number of foreign mariners correspond with the certificate of such British consul, or such known British merchants, for the consideration and investigation of the commissioners of customs in England and Scotland, respectively.

The coming in by stress of weather seems to have been generally held to be no importation under the Act of Navigation. Where a ship loaded with teas was driven into Yarmouth harbour, Sir Philip Yorke clearly held it not a case to proceed upon; and he seems to have paid no regard to the circumstances which showed the ship to be bound to Newcastle, contrary to the declaration of the master, who alleged he was bound to North Bergen. REEVES, 2d Edit. p. 198.

On a subsequent occasion it was laid down by Sir Dudley Ryder, that the mere coming within the limits of a port, without any intent to break bulk or unlade, is not looked upon as an importation within any of the acts, either to make the customs become due, or subject the ship or goods to forfeiture, or to oblige the master to report or make an entry, or to require a coast-cocket.

REEVES, 2d Edit. p. 200. The general rule is, that the importation of goods is always accounted, from the time of the ship's coming within the limits of the port, with intent to lay the goods on land. CHALMERS, vol. ii. p. 280.

In the case of The Attorney General against Pougett, argued in the Court of Exchequer, Wednesday, May 22, 1816, on a question concerning the payment of export duty, Baron Wood gave it as his opinion, that the goods shipped could not be considered as exported until the ship had cleared the limits of the port, Baron Richards was of the same opinion, and judgment was given for the Crown. PRICE'S Exchequer Reports, E. T. 1816.

A question having arisen, whether a natural born subject of His Majesty admitted a burgher of Memel, could be considered a subject belonging to the King of Prussia, for the purposes of the Navigation Act, so as to be master of a Prussian vessel: it is stated, by order of the board of customs, dated the 9th August, 1816, that His Majesty's law officers have given it as their opinion, that a British natural born subject cannot, by taking the oaths of allegiance to the sovereign of another state, throw

(a) As to officers, see TITLE 5, Rule 99.

of the natural allegiance belonging to his own; but that he may, by residence or other acts required by the municipal law of another state, acquire the character of belonging to such other state for commercial purposes, so as to be entitled to the privileges granted to the subjects of, or to persons belonging to such other state; when the acts be thereby performs do not amount to a breach of allegiance due to his own country.

And that an Englishman domiciled in a foreign country, and who has taken such aths as to entitle him to the commercial privileges of such state, may be conndered as belonging to such state for commercial purposes.

Scot against Schwartz.-Michaelmas Term, 1738. Information was exhibited in the exchequer by Scot, qui tam, &c. setting forth, that he had seized the ship called the Constant, in the port of London, with her tackle, goods, &c. as forfeited to the use of His Majesty and himself, sch goods being imported from foreign parts, when the ship in which the same were imported was not belonging to the people of Great Britain as the true owners, and whereof the master and three-fourths of the mariners are Eng

nor of the built of the country of which the goods were the growth, prodact, or manufacture, or of the port where such goods only can be, or are most usually, first shipped for transportation, and whose master and threefourths of the mariners at least were of that country or place; whereby the ship and goods were forfeited.

Upon which a writ of appraisement went out, and 22d October, 1737, was returned.

bound apprentice to the master, and as such went with him to Riga, and three or four years before the seizure served on board the said ship, and sailed therein from Riga in the present and former voyages: that the other six mariners were born out of the dominions of Russia, but Stephen Hanson, one of them, had resided at Riga eight years next before the seizure, Hans Yasper five years, Reign Steingrave four years, and Derrick Andrews, the cook, seven years; and these four, during those years, had sailed from Riga in that and other vessels; that Riga is a port where the goods seized can only be, or most usually are, first shipped for transportation,

And if on the whole matter found, the court think the importation of the goods in the ship being so navigated be legal, they find for the claimants; et si

non, &c. à contra.

Upon this special verdict Mr. Solicitor On this seizure Adam Hen. Schwartz, General insisted that the ship and goods Sam, Felman, and Tho. Zuckerbecker, were forfeited by the statute 12 Cha. 2. merchants of Riga, entered their claim, c. 18. entitled "An Act for the encourag and after Oyer of the information, plead-“ing and increasing of Shipping and ed that the ship and goods were not "Navigation." imported contrary to the form of the

statute.

This issue came on to be tried 29th November, 1738, and the jury found a special verdict:

That Scot who sues qui tam, &c. was Surveyor of the Act of Navigation, and seized this ship and goods 19th August, 1737, as not navigated according to the act.

That the said ship set sail from Riga in Russia for the port of London with the goods in the information, which were the product of that country; that the ship was Russia-built; that Harry Hagson was master, who was born out of the dominions of the Empress of Russia, but anno 1733 was admitted a burgher of Riga, and has ever since continued so, and has been resident there when not engaged in foreign voyages, and traded from thence nine years before the seizure. That there were only 11 mariners on board, of whom four were born in Russia; that Morgan, a fifth, was born in Ireland, and there

This act was meant for the encouragement of the English shipping and navigation, for that is intended in the title, as appears by the preamble, which says, for the encouragement of the navigation of this nation; and the principal means to encourage it was by prohibiting the importation or exportation of any goods into or ont of His Majesty's dominions, but in ships which are of the built or belong to his dominions, and whereof the master and three-fourths of the mariners at least are English.

The only clause in this act the claimants can shelter themselves by, is section 8.

We do not insist but that the ship is Russia-built, that the goods are the growth of that country; but what we rely on is, that the ship was not manned as the act requires; and this depends on two questions.

First, whether the exception at the end of the clause extends to the whole clause, or only to the latter branch; for if it extends not to the whole, then it is

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