c. 55. parties, to permit such transfer to be registered, if registry de novo be No. XIII. necessary, or to be recorded and indorsed, as the case may be, in man- 3 & 4 W. 4, ner directed by this act, as if such legal power had been produced; and also if it shall happen that any bill of sale cannot be produced, or if, by reason of distance of time, or the absence or death of parties try de novo as concerned, it cannot be proved that a bill of sale for any share or shares the case may in any ship or vessel had been executed, and registry de novo of such require; ship or vessel shall have become necessary, it shall be lawful for the and in other commissioners of his Majesty's customs, upon proof to their satisfaction cases where of the fair dealings of the parties, to permit such ship or vessel to be bills of sale cannot be proregistered de novo in like manner as if a bill of sale for the transfer of duced; such share or shares had been produced: Provided always, That in security being any of the cases herein mentioned good and sufficient security shall be given to progiven to produce a legal power or bill of sale within a reasonable time, duce legal powor to abide the future claims of the absent owner, his heirs and suc- ers or abide cessors, as the case may be; and at the future request of the party future claims. whose property has been so transferred, without the production of a bill of sale from him or from his lawful attorney, such bond shall be available for the protection of his interest, in addition to any powers or rights which he may have in law or equity against the ship or vessel, or against the parties concerned, until he shall have received full indemnity for any loss or injury sustained by him. XLII. That when any transfer of any ship or vessel, or of any share Transfer by or shares thereof, shall be made only as a security for the payment of way of morta debt or debts, either by way of mortgage, or of assignment to a trustee gage. or trustees for the purpose of selling the same for the payment of any debt or debts, then and in every such case the collector and controller of the port where the ship or vessel is registered shall, in the entry in the book of registry, and also in the indorsement on the certificate of registry, in manner herein-before directed, state and express that such transfer was made only as a security for the payment of a debt or debts, or by way of mortgage, or to that effect; and the person or persons to Mortgagee not whom such transfer shall be made, or any other person or persons to be deemed claiming under him or them as a mortgagee or mortgagees, or a trustee an owner. or trustees only, shall not by reason thereof be deemed to be the owner or owners of such ship or vessel, share or shares thereof, nor shall the person or persons making such transfer be deemed by reason thereof to have ceased to be an owner or owners of such ship or vessel, any more than if no such transfer had been made, except so far as may be necessary for the purpose of rendering the ship or vessel, share or shares so transferred, available by sale or otherwise for the payment of the debt or debts for securing the payment of which such transfer shall have been made. act of bank gagor, &c. XLIII. That when any transfer of any ship or vessel, or of any share Transfers of or shares thereof, shall have been made as a security for the payment ships for secuof any debt or debts, either by way of mortgage or of assignment as rity of debts aforesaid, and such transfer shall have been duly registered according being registerto the provisions of this act, the right or interest of the mortgagee or ed, rights of other assignee as aforesaid shall not be in any manner affected by any mortgagee not affected by any act or acts of bankruptcy committed by such mortgagor or assignor, mortgagors or assignors, after the time when such mortgage or assignment shall have been so registered as aforesaid, notwithstanding such ruptcy of moitmortgagor or assignor, mortgagors or assignors, at the time he or they shall so become bankrupt as aforesaid, shall have in his or their possession, order, and disposition, and shall be the reputed owner or owners of the said ship or vessel, or the share or shares thereof, so by him or them mortgaged or assigned as aforesaid, but that such mortgage or assignment shall take place of and be preferred to any right, claim, or interest which may belong to the assignee or assignees of such bankrupt or bankrupts in such ship or vessel, share or shares thereof, any law or statute to the contrary thereof notwithstanding. No. XIII. 3 & 4 W. 4, c. 55. Governors of colonies, &c. suits to be XLIV. That it shall and may be lawful for any governor, lieutenant governor, or commander in chief of any of his Majesty's colonies, plantations, islands, or territories, and they are hereby respectively authorized and required, if any suit, information, libel, or other prosecution or proceeding of any nature or kind whatever shall have been commenced or shall hereafter be commenced in any court whatever in any may cause pro- of the said colonies, plantations, islands, or territories respectively, ceedings in touching the force and effect of any register granted to any ship or vessel, upon a representation made to any such governor, lieutenant governor, or commander in chief, to cause all proceedings thereon to be stayed, if he shall see just cause so to do, until his Majesty's pleasure shall be known and certified to him by his Majesty, by and with the advice of his Majesty's privy council; and such governor, lieutenant governor, or commander in chief is hereby required to transmit to one of his Majesty's principal secretaries of state, to be laid before his Majesty in council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be stayed, and such documents (properly verified) as he may judge necessary for the information of his Majesty. stayed. Penalty of XLV. That if any person or persons shall falsely make declaration to 5001. on perany of the matters herein-before required to be verified by declaration, sons making or if any person or persons shall counterfeit, erase, alter, or falsify any false declara- certificate or other instrument in writing required or directed to be obtion, or falsify- tained, granted, or produced by this act, or shall knowingly or wilfully ing any docu- make use of any certificate or other instrument so counterfeited, ment. How penalties are to be recovered, and officers' shares. erased, altered, or falsified, or shall wilfully grant such certificate or other instrument in writing, knowing it to be false, such person or persons shall for every such offence forfeit the sum of five hundred pounds. XLVI. That all the penalties and forfeitures inflicted and incurred by this act shall and may be sued for, prosecuted, recovered, and disposed of in such manner, and by such ways, means, and methods, as any penalties or forfeitures inflicted or which may be incurred for any offences committed against any law relating to the customs may now legally be sued for, prosecuted, recovered, and disposed of; and that the officer or officers concerned in seizures or prosecutions under this act shall be entitled to and receive the same share of the produce arising from such seizures as in the case of seizures for unlawful importation, and to such share of the produce arising from any pecuniary fine or penalty for any offence against this act as any officer or officers is or are now by any law or regulation entitled to upon prosecutions for pecuniary penalties. [No. XIV.] 3 & 4 W. IV. c. 56.-An Act for granting [No. XV.] 3 & 4 W. IV. c. 57.-An Act for the Warehousing of Goods. [28th August 1833.] [No. XVI.] 3 & 4 W. IV. c. 58.-An Act to grant certain Bounties and Allowances of Customs. [28th August 1833.] [No. XVII.] 3 & 4 W. IV. c. 59.-An Act to regulate the Trade of the British Possessions abroad. [28th August 1833.] [No. XVIII.] 3 & 4 W. IV. c. 60.-An Act for regulating [No. XIX.] 3 & 4 W. IV. c. 61.-An Act to admit Sugar to be refined for exportation, under the lock of the crown; be it therefore enacted, &c., That upon the application to the commissioners Commissioners of his Majesty's customs of any person actually carrying on the busi- of his Majesty's ness of a sugar refiner in the ports of London, Liverpool, Bristol, Hull, customs may Greenock, or Glasgow, or any other port to be approved of by any three approve of of the lords commissioners of his Majesty's treasury, it shall be lawful premises for for the commissioners of his Majesty's customs, by their order, to bonded sugar houses. approve of such premises as bonded sugar houses for the refining of sugar for exportation only, on it being made appear to the satisfaction of the said commissioners that the said premises are fit in every respect for receiving such sugars, and wherein the same may be safely deposited. deliver sugars duty-free, to be II. That on the approval of any premises as bonded sugar houses as On approval aforesaid, it shall be lawful for the officers of the customs at the ports thereof, officers respectively where such premises are situated to deliver, without pay- of customs emment of duty, to the party or parties so applying as aforesaid, on entry powered to with the proper officer of customs, any quantity of foreign sugar, or of sugar the produce of any British possession, for the purpose of being there refined there refined, under the locks of the crown, for exportation only; and that all sugars so delivered shall be lodged and secured in such premises, under such conditions, regulations, and restrictions as the said commissioners shall from time to time direct: Provided always, That it shall be lawful for the said commissioners by their order to revoke or alter any former order of approval of any such premises. for exportation only. Order of approval may be revoked. III. That upon the entry of sugar to be refined in any premises Refiner to give approved of under the authority of this act, the refiner on whose pre- bond that sugar mises the same is to be refined shall give bond, to the satisfaction of the received be officers of the customs, in the penalty of double the amount of the submitted to duty payable upon a like quantity of sugar of the British plantations, process of rewith a condition that the whole of such sugar shall be actually sub-finement, and jected to the process of refinement upon the said premises, and that within four months from the date of such bond the whole of the refined live ed into sugar and treacle produced by such process shall be either duly exported bonded warefrom the said premises, or delivered into an approved bonded ware- house. house, under the locks of the crown, for the purpose of being eventually exported to foreign parts. [No. XX.] 3 & 4 W. IV. c. 88.-An Act to continue for afterwards exported, or de Repeal of the act 4 G. 4, c. 80, except as herein mentioned. 107, and 6 G. 4, c. 114. [No. XXI.] 3 & 4 W. 4, c. 93.-An Act to regulate the emperor of China, and of trading in tea now enjoyed by the united company of merchants of England trading to the East Indies, will cease from and after the twenty-second day of April, one thousand eight hundred and thirty-four: (1) And whereas it is expedient that the trade with China, and the trade in tea, should be open to all his Majesty's subjects, and that the restrictions imposed on the trade of his Majesty's subjects with places beyond the Cape of Good Hope to the Streights of Magellan, for the purpose of protecting the exclusive rights of trade heretofore enjoyed by the said company, should be removed: Be it therefore enacted, &c., That from and after the said twenty-second day of April, one thousand eight hundred and thirty-four an act passed in the fourth year of the reign of his late Majesty king George the fourth, intituled An Act to consolidate and amend the several Laws now in force with respect to Trade from and to Places within the Limits of the Charter of the East India Company, and to make further Provisions with respect to such Trade, and to amend an Act of the present Session of Parliament, for the registering of Vessels, so far as it relates to Vessels registered in India, shall be repealed, except such parts thereof as relate to Asiatic sailors, Lascars, being natives of the territories under the government of the East India company, but so as not to revive any acts or parts of acts by the said act repealed; and except also as to such voyages and adventures as shall have been actually commenced under the authority of the said act; and except as to any suits and proceedings which may have been commenced, and shall be depending on the said twentysecond day of April, one thousand eight hundred and thirty-four; and from and after the said twenty-second day of April one thousand eight hundred and thirty-four the enactments herein-after contained shall come into operation. Repeal of pro- II. That so much of an act passed in the sixth year of the reign of hibitions upon his late Majesty king George the fourth, intituled An Act for the general the importaRegulation of the Customs, as prohibits the importation of tea, unless tion of tea and from the place of its growth, and by the East India company, and into goods from the port of London; and also so much of the said act as prohibits the China, imposed importation into the united kingdom of goods from China, unless by by 6 G. 4, C. the East India company, and into the port of London; and also so much of the said act as requires that the manifests of ships departing from places in China shall be authenticated by the chief supercargo of the East India company; and also that so much of another act passed in the said sixth year of the reign of his said late Majesty king George the fourth, intituled An Act to regulate the Trade of the British Possessions Abroad, as prohibits the importation of tea into any of the British possessions in America, and into the island of Mauritius, except from the united kingdom, or from some other British possessions in America, and unless by the East India company or with their licence, shall be, from and after the twenty-second day of April one thousand eight All British sub- hundred and thirty-four, repealed; and thenceforth (notwithstanding jects may carry any provision, enactment, matter, or thing made for the purpose of proon trade beyond tecting the exclusive rights of trade heretofore enjoyed by the said comthe Cape of pany, in any charter of the said company, in the said act or any other Good Hope to act of parliament contained,) it shall be lawful for any of his Majesty's Streights of subjects to carry on trade with any countries beyond the Cape of Good Magellan. Hope to the Streights of Magellan. (1) By the 3 & 4 W. 4, c. 85, the British territories are to remain under the government of the East India Company until the 30th April, 1854, and during that time their trading is to be suspended. The act will be found in a subsequent part of this supplement. No. XI. & 4 W. 4, c. 93. III. Provided always, That the person having the command of any ship or vessel arriving at any place in the possession of or under the 3 government of the said company shall make out, sign, and deliver to the principal officer of the customs, or other person thereunto lawfully authorized, a true and perfect list, specifying the names, capacities, and List of persons description of all persons who shall have been on board such ship or on board any vessel at the time of its arrival; and if any person having the command ship arriving in of such ship or vessel shall not make out, sign, and deliver such list, India to be dehe shall forfeit one hundred pounds, one half part of which penalty livered to offishall belong to such person or persons as shall inform or sue for the cers of customs. same, and the other half part to the said company; and if the said com- Penalty for nepany shall inform or sue for the same, then the whole of the said glect, 100l. penalty shall belong to the said company. IV. That the penalty or forfeiture aforesaid shall be recoverable by Penalties how action of debt, bill, plaint, or information in any of his Majesty's recoverable. courts of record in the united kingdom of Great Britain and Ireland, and in India or elsewhere, or in any courts in India to which jurisdiction may hereafter be given by the governor-general of India in council in that behalf, to be commenced in the county, presidency, colony, or settlement where the offender may happen to be; or by conviction in a summary way before two justices of the peace in the united kingdom, or in India, of the county or presidency where such offender may happen to be; and upon such conviction the penalty or forfeiture aforesaid shall and may be levied by distress and sale of the goods and chattels of the offender; and for want of such sufficient distress every such offender may be committed to the common gaol or house of correction for the space of three calendar months. V. And whereas it is expedient for the objects of trade and amicable Three superinintercourse with the dominions of the emperor of China that provision tendants of the be made for the establishment of a British authority in the said domi- China trade to nions; be it therefore enacted, That it shall and may be lawful for his be appointed. Majesty, by any commission or commissions or warrant or warrants under his royal sign manual, to appoint not exceeding three of his Majesty's subjects to be superintendents of the trade of his Majesty's subjects to and from the said dominions for the purpose of protecting and promoting such trade, and by any such commission or warrant as aforesaid to settle such gradation and subordination among the said superintendents (one of whom shall be styled the chief superintendent), and to appoint such officers to assist them in the execution of their duties, and to grant such salaries to such superintendents and officers as his Majesty shall from time to time deem expedient. VI. That it shall and may be lawful for his Majesty, by any such His Majesty in order or orders, commission or commissions, as to his Majesty in council may council shall appear expedient and salutary, to give to the said superin- issue orders and tendents, or any of them, powers and authorities over and in respect of commissions to the trade and commerce of his Majesty's subjects within any part of have force in the said dominions; and to make and issue directions and regulations China; touching the said trade and commerce, and for the government of his and issue reguMajesty's subjects within the said dominions; and to impose penalties, lations touchforfeitures, or imprisonments for the breach of any such directions or ing the trade; regulations, to be enforced in such manner as in the said order or orders shall be specified; and to create a court of justice with criminal and create a and admiralty jurisdiction for the trial of offences committed by his court of justice Majesty's subjects within the said dominions, and the ports and havens for trial of thereof, and on the high seas within one hundred miles of the coast of offences in that China; and to appoint one of the superintendents herein-before men- part. tioned to be the officer to hold such court, and other officers for executing the process thereof; and to grant such salaries to such officers as to his Majesty in council shall appear reasonable. VII. That no superintendent or commissioner appointed under the Superintendauthority of this act shall accept for or in discharge of his duties ents, &c. not to any gift, donation, gratuity, or reward, other than the salary which may accept gifts, or to trade. |