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goods, which shall have been legally imported into the said islands 45 Geo. 3. respectively, except masts, yards, or bowsprits, pitch, tar, and tur- c. 57. pentine, and also except such iron as shall have been brought from the British plantations in America.

Rule 9. It shall be lawful to export in any British vessel, owned European and navigated according to law, from any of the said islands in this goods, 9. act enumerated, to any British plantation in America or the West Indies, any goods whatever of the manufacture of Europe; and also any goods, which shall have been legally imported into any of the said islands, from any of the plantations in America, or any country on the continent of America belonging to or under the dominion of any foreign European sovereign or state. (a)

Rule 10. If any doubts shall arise whether any such goods, in- Doubts as to tended to be so exported, shall have been legally imported into the importation, said islands respectively in this act enumerated, the legality of such 1o. importation shall be made appear to the satisfaction of the collector and controller, or other principal officer of customs at the port of exportation, before such goods shall be suffered to be shipped for exportation.

United King

Rule 11. All wool, cotton wool, indigo, cochineal, drugs of all Goods exsorts, cocoa, logwood, fustic, and all sorts of wood for dyers' use, ported to bides, skins, and tallow, beaver and all sorts of furs, tortoise shell, dom, § 11. mahogany and all other woods for cabinet ware, of the growth or production of any of the plantations in America, or countries on the continent of America belonging to or under the dominion of any foreign European sovereign or state, shall be allowed to be exported from any of the said islands in this act enumerated, to any part of the United Kingdom of Great Britain and Ireland, under the regulations, securities, penalties, and forfeitures, particularly mentioned in 12 Cha. 2. c. 18.-22 & 23 Cha. 2. c. 26. [TITLE 1.]-20 Geo. 3. c. 10. (b) or in any of the said acts, with respect to the goods therein enumerated.

$12.

Rule 12. No goods whatever, of the growth, production, or manu- East Indies, facture of the East Indies, or other places beyond the Cape of Good Cape of Good Hope, shall upon any pretence whatever be exported from any of the Hope, &c. ports enumerated in this act, to any other British plantation in America or the West Indies, upon pain of forfeiting such goods together with the vessel in which the same shall be so exported, and the tackle, &c. of such vessel.

goods, 13.

Rule 13. If any foreign vessel as aforesaid, arriving at or in any Vessels with of the aforesaid ports, shall have on board any goods whatever, of the East India growth, production, or manufacture of the East Indies, or other places beyond the Cape of Good Hope, such goods shall be forfeited, together with the vessel in which the same shall be brought, and her tackle, &c. whether such goods shall be intended to be landed or not, or whether bulk shall have been broken or not.

fees in gene

Rule 14. No duty of gunpowder, nor any fee or reward whatever, Duty on gueshall be demanded, taken, or received, by any officer whatever in the powder, and said islands respectively in this act enumerated, for any entry, cocket, ral, 14. clearance, or passport, for any foreign vessel, or for any goods, imported into or exported from the said islands respectively in such foreign vessels, under the like pains and penalties as are inflicted upon officers exacting or receiving greater fees than are allowed by any act

(a) See Rule 21 of this title.

(b) Superseded by act of union with Ireland, TITLE 35.

45 Geo. 8.
c. 57.
Where penal-
ties and for-

of parliament now in force for regulating the fees of officers of customs in His Majesty's plantations in America.

Rule 15. All penalties and forfeitures imposed by this act shall and feitures to be may be respectively prosecuted, recovered, and divided, in Great sued for, 15. Britain, Guernsey, Jersey, or the Isle of Man, or in any of His Majesty's colonies or islands in America, in the same manner, and by the same regulations in all respects, in so far as the same are applicable, as any other penalties and forfeitures imposed by any act of parliament made for the security of the revenue of customs, or for the regulation or improvement thereof, or for the regulation of trade or navigation, and which were in force immediately before the passing of this act, may be respectively prosecuted, recovered, and divided, in Great Britain, Guernsey, Jersey, or the Isle of Man, or in any of His Majesty's colonies or islands in America.

Former acts repealed, $16.

46 Geo. 3.

Tortola.

Sugar duty. free, § 2.

Rule 16. All such clauses, provisions, and things, in any former act of parliament contained, as relate to the opening and establishing any ports in the islands hereinbefore mentioned, for the more free importation and exportation of the goods in this act enumerated, are hereby repealed.

Rule 17. It shall be lawful for His Majesty, by the advice of his c. 71. privy council, to permit the importation into the port of Road Harbour, in the island of Tortola, one of the Virgin Islands, and the exportation from thence into this kingdom, of all such goods as are permitted to be imported into the port of Nassau, in the island of New Providence, one of the Bahama Islands, and to be exported from thence to this kingdom, in the same manner, on the same duties and drawbacks, and subject to the same regulations, penalties, and forfeitures, as are provided, respecting importation into, and exportation from, the port of Nassau, and further subject to such regulations as shall from time to time be directed by His Majesty, by the advice aforesaid. Rule 18. It shall be lawful for His Majesty, by the advice of his privy council, to permit the importation into the port of Road Harbour, in the said island of Tortola, and exportation from thence, without payment of any duty of customs, of all sugar whatsoever, subject to such regulations as may from time to time be directed by His Majesty, by such advice as aforesaid; and all sugar imported into the United Kingdom of Great Britain and Ireland, from the said island of Tortola, other than such sugar as shall actually be of the growth and produce of the British Virgin Islands, and exported as such under the certificates of the collector and controller of customs of the said island, which certificate shall be given in such form as shall be directed by His Majesty, by the advice of his privy council, and shall not be given in any one year for any greater quantity than 5,880,000 lb. shall be deemed to be foreign sugar, and be imported into the United Kingdom as such, and subject to all regulations relating thereto.

Quantity.

52 Geo. 3.

c. 99. § 1. Bahama Islands.

Rule 19. It shall be lawful for any foreign sloop, schooner, or other vessel whatever, described in 45 Geo. 3. c. 57. (a) to come in ballast, or to import in any port of the Bahama Islands where there is a custom house, the articles allowed in the said act to be so imported, and also to export the articles allowed in the said act to be so exported, conformably with the regulations of the said act; and also to export salt, subject to the duty of tonnage, and under the regulations imposed by 28 Geo. 3. c. 6. (b)

(a) Sce Rule 1 of this title.

(b) See TITLE 135, Rule 27.

Rule 20. It shall be lawful for any British vessel, owned and navi- 52 Geo. 3. gated according to law, to export from any port of the Bahama Islands c. 99. § 2. any quantity of salt, without entering into the bond and security required by 6 Geo. 3. c. 52. (a)

Salt.

How and

ported.

Rule 21. It shall be lawful for any of His Majesty's subjects to 52 Geo. 3. export in any British-built vessel, owned and navigated according to c. 100. § 1. law, from any one of the islands in the West Indies (6) belonging to whither EuroHis Majesty to any other of the said islands, or to any of the British pean goods colonies on the continent of America, and from any one of the said may be exBritish colonies in America to any of the islands in the West Indies (b) belonging to His Majesty, or to any other British colony on the continent of America, any goods whatsoever of the manufacture of Europe, and also any goods or prize goods, which shall have been legally imported into any of the said islands or colonies, under the regulations mentioned in 45 Geo. 3. c. 57. (c)

TITLE CXXXV.-BRITISH AMERICA.

[AN exclusive trade was granted in 1670 by Charles II. to the governor and company of adventurers of England trading into Hudson's Bay. (d) They were to have the sole trade and commerce of and to all the seas, bays, streights, creeks, lakes, rivers, and sounds, in whatsoever latitude, that lie within the entrance of the streight commonly called Hudson's Streights, together with all the lands, countries, and territories, upon the coasts of such seas, bays, and streights, which were then possessed by any English subjects, or the subjects of any other Christian state, together with the fishing of all sorts of fish, of whales, sturgeon, and all other royal fish, together with the royalty of the sea. But this extensive charter has not received any parliamentary confirmation or sanction.—REEVES, 2d Ed. p. 118.]

[As to importing Fruit, Wine, Oil, Salt, and Cork, the produce of Europe. Europe, see TITLES 73 and 74.

[As to exporting goods to, and importing goods from Gibraltar and Malta. Malta, see TITLE 74.]

Canada salt.

Rule 1. Ir shall be lawful for any of His Majesty's subjects to 4 Geo. 3. carry and import salt from any part of Europe into the province of c. 19. (e) Quebec in America, in British vessels manned and navigated according to 12 Cha. 2. c. 18. [TITLE 1.] and in the same manner as salt may be imported from Europe into New England and Newfoundland by 15 Cha. 2. c. 7. [TITLE 1.]

Territories

Rule 2. All the territories, islands, and countries in North Ame- 14 Geo. 3. rica, belonging to the crown of Great Britain, bounded on the south c. 88. § 1. by a line from the bay of Chaleurs, along the high lands which divide annexed to the rivers that empty themselves into the river St. Lawrence from Quebec. those which fall into the sea, to a point in 45 degrees of northern latitude, on the eastern bank of the river Connecticut, keeping the same latitude directly west through the lake Champlain, until in the same

(a) See TITLE 1, Rule 15 (in note).

(b) By 57 Geo. 3. c. 29. extended to Newfoundland.

(c) See Rule 1 of this title.

(d) As to the number of persons which may be carried in vessels in the service of the Hudson's Bay Company, see TITLE 4.

(e) Originally a temporary act, but made perpetual by 48 Geo. 3. c. 22. § 2.

14 Geo. 3.

c. 83.

Plantation

latitude it meets the river St. Lawrence; thence up the eastern bank of the said river to the Lake Ontario; thence through the Lake Ontario and the river commonly called Niagara; and thence along by the eastern and south-eastern bank of Lake Erie, following the said bank, until the same shall be intersected by the northern boundary, granted by the charter of the province of Pennsylvania, in case the same shall be so intersected; and thence along the said northern and western boundaries of the said province, until the said western boundary strike the Ohio; but in case the said bank of the said lake shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the northwestern angle of the said province of Pennsylvania, and thence by a right line to the said north-western angle of the said province; and thence along the western boundary of the said province, until it strike the river Ohio; and along the bank of the said river, westward to the banks of the Mississippi, and northward to the southern boundary of the territory granted to the merchants adventurers of England trading to Hudson's Bay; and also all such territories, islands, and countries which have since the 10th February, 1763, been made part of the government of Newfoundland, are hereby, during His Majesty's pleasure, annexed to and made part of the province of Quebec. (a)

Rule 3. Nothing in this act shall extend to repeal, within the said laws, 18. province of Quebec, any act of the parliament of Great Britain heretofore made for prohibiting, restraining, or regulating the trade or commerce of His Majesty's plantations in America; but all the said acts, and also all acts of parliament heretofore made concerning the said plantations, are hereby declared to be in force within the said province of Quebec, and every part thereof.

30 Geo. 3. c. 29. § 3. Countries bordering on Quebec.

Rule 4. All goods whatsoever, being the growth or production of any of the countries bordering on the province of Quebec, and brought by land or inland navigation into the said province, conformably to the regulations established by law in the said province for bringing in the same by land or inland navigation, from any of the countries bordering thereon, shall and may be imported into any part of Great Britain from the said province of Quebec, and the same respectively shall be admitted to entry and be charged with duty, or exempted from duty, in like manner as such goods respectively would be charged with or exempted from duty, if the same were of the growth or production of the said province of Quebec, and were imported directly from thence into Great Britain; provided it shall appear, by certificate under the hands and seals of the collector and controller of customs, and the naval officer there, that the same respectively were brought into the province of Quebec, conformably to the regulations established by law in the said province, by land or by inland navigation, from the countries bordering thereon, and specifying from what places the same were respectively brought into the said province; and that the like regulations are performed on their being imported into Great Britain, as are required for the like goods respectively imported into Great Britain from the said province of Quebec, and subject to the like conditions, penalties, and forfeitures, and to the like modes for recovery and application thereof.

(a) As to the further division of Quebec, and the re-annexation of part of the coast of Labrador to Newfoundland, see Rule 24 of this title.

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Upper and

Rule 5. "Whereas His Majesty has been pleased to signify by his 31 Geo. 3. message to both houses of parliament, his royal intention to divide c. 31. § 2. "his province of Quebec into two separate provinces, to be called Lower Cana"the Province of Upper Canada, and the Province of Lower da. "Canada," (a) it is enacted, that there shall be within each of the said provinces respectively a legislative council and an assembly.

[As to duties, see TITLE 113.]

Duties.

pealed.

Rule 6. All the duties which were imposed upon rum, brandy, eau 14 Geo. 3. de vie de liqueur within the province of Quebec, and also of 3 c. 88. 1. per Duties recent. ad valorem on dried goods imported into, or exported from, the said province, under the authority of His Most Christian Majesty, are hereby discontinued, and, in lieu thereof, there shall be paid unto His Majesty upon the respective goods hereinafter mentioned, which shall be imported or brought into any part of the said province, over and New duties, above all other duties now payable in the said province by any act of parliament, the several duties following, viz.

Brandy, or other spirits, of the manufacture of Great Britain, the gallon

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Rum, or other spirits, from any of His Majesty's sugar colonies in the West Indies, the gallon

Rum, or other spirits, from any other of His Majesty's colonies
or dominions in America, (b) the gallon

Foreign brandy, or other spirits, of foreign manufacture, from
Great Britain, the gallon

Rum, or other spirits, of the produce or manufacture of any of the colonies or plantations in America, not in the possession or under the dominion of His Majesty, from any other place, except Great Britain, the gallon

Molasses and Syrups, in vessels belonging to His Majesty's subjects in Great Britain or Ireland, or to His Majesty's subjects in the said province, the gallon

Molasses and syrups, in any other vessels, in which the same may be legally imported, the gallon

£. s. d.

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Rule 7. The said duties are hereby declared to be sterling money Sterling of Great Britain, and shall be paid to the amount of the value which money, 2, such nominal sums bear in Great Britain; and such money may be received according to the value of 5s. 6d. the ounce in silver; and the said duties shall be paid and recovered, in the same manner and form, and by such means, and under such penalties and forfeitures, except in such cases where any alteration is made by this act, as any other duties payable to His Majesty upon goods imported into any British plantation in America are or shall be paid, &c. by any act of parliament; and all the money that shall arise by the said duties (except the necessary charges of raising, collecting, and accounting for the same), shall be paid by the collector of customs, into the hands of His Majesty's receiver general in the said province for the time being, and shall be applied, in the first place, in making a more certain and ade- Application,

(a) See Rule 24 of this title.

(b) By 49 Geo. 3. c. 16. § 1. any rum or other spirits, being the produce or manufacture of any of His Majesty's sugar colonies in the West Indies, legally imported into the island of Bermuda, may be legally imported into the province of Lower Canada, and landed and admitted to entry upon payment of the same rate of duty as if the same had been imported directly from any of His Majesty's sugar colonies in the West Indies, and under the conditions contained in the said act, without payment of duty, in the same manner as if such rum or other spirits had been imported directly from any of the said sugar colonies.

See Rule 28 of this title.

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