c. 41. Commissioners of His Majesty's Customs, upon proof to their satisfaction No.CXVIII. of the fair dealings of the parties, to permit such ship or vessel to be regis- 4 Geo. IV. tered de novo, in like manner as if a bill of sale for the transfer of such share or shares had been produced: Provided always, that in any of the cases herein mentioned, good and sufficient security shall be given to produce a legal power or bill of sale, within a reasonable time, or to abide the future clains of the absent owner, his heirs and successors, as the case may be; and at the future request of the party 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. XLIII. And be it further enacted, That when any transfer of any ship or vessel, or of any share or shares thereof, shall be made only as a security for the payment of a debt or debts, either by way of mortgage or of assignment to a trustee 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 comptroller 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 whom such transfer shall be made, or any other person or persons claiming under him or them as a mortgagee or morigagees, or a trustee 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. XLIV. And be it further enacted, That when any transfer of any ship or vessel, or of any share or shares thereof, shall have been made as a security for the payment of any debt or debts, either by way of mortgage or of assignment as aforesaid, and such transfer shall have been duly registered according to the provisions of this Act, the right or interest of the mortgagee or other assignee as aforesaid, shall not be in any manner 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 mortgagor 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 other 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. XLV. And be it also further enacted, That the Commissioners of His Majesty's Customs in Scotland and Ireland respectively shall transmit, at the end of every month in each year, to the Commissioners of His Majesty's Customs in England, true and exact copies of all such certificates as shall be granted by them, or by any officer or officers within the limits of their commission, in pursuance of this Act. Security being given to produce legal Powers, or abide future Claims. Transfer by way of Mortgage. Mortgagee not to be deemed an Owner. Transfers of Ships for Secu rity of Debts being registered, Rights of Mortgagee not affected by any Act of Bank ruptcy of Mortgagor, &c. Commissioners in Scotland, &c., to transmit Copies of Certificates to Com missioners in England. Governors may cause Proceedings in Suits to XLVI. And be it further enacted, 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, be stayed. No. CXIX. 4 Geo. IV. c. 80.. Punishing Per- Document. How Penalties are to be recovered, and Officers' Shares. Act may be altered this Session. 53 G. 3. c. 155. 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 of the said colonies, plantations, islands, or territories respectively, 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. XLVII. And be it further enacted, That if any person or persons shall falsely make oath to any of the matters herein-before required to be so verified, such person or persons shall suffer the like pains and penalties as are incurred by persons committing wilful and corrupt perjury; and that if any person or persons shall counterfeit, erase, alter, or falsify any certificate or other instrument in writing, required or directed to be obtained granted or produced by this Act, or shall knowingly or wilfully make use of any certificate or other instrument so counterfeited, 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. XLVIII. And be it further enacted, That all the penalties and forfeitures inflicted and incurred by this Act, shall and may be sued for, prosecuted and recovered in such courts, and be disposed of in such manner, and by such ways means and inethods as any penalties or forfeitures inflicted, or which may be incurred for any offence committed against the laws of 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. XLIX. And be it further enacted, That this Act may be altered varied or repealed by any Act or Acts to be passed in this Session of Parliament. [No. CXIX.] 4 Geo. IV. c. 80.-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.-[18th July 1823.] WHEREAS an Act was passed in the fifty-third year of the reign of His late Majesty King George the Third, intituled An Act for continuing in the East India Company for a further Term, the Possession of the British Territories in India, together with certain exclusive Privileges, for establishing further Regulations for the Government of the said Territories and the better Administration of Justice within the same, and for regulating the Trade to and from the Places within the Limits of the said Company's Charter: And whereas by the said Act it was enacted, that it should be No. CXIX. 4 Geo. IV. c. 80. lawful for any of His Majesty's subjects, in common with the said United Company, to export, in ships navigated according to law, from any port or ports within the United Kingdom of Great Britain and Ireland, to all ports and places within the limits of the said Company's Charter, save and except the dominions of the Emperor of China, any goods, wares, and merchandize which could then or might at any time or times thereafter. be legally exported; and also in common with the said Company, to import, in ships navigated as aforesaid, from any port or ports within the limits aforesaid, save and except as aforesaid, into the said United Kingdom, any goods wares and merchandize, the produce and manufacture of any of the countries within the said limits, which could then or might at any time or times thereafter be legally imported; and in the said Act were contained several provisoes restrictions and limitations for the regulation of the trade authorized by the said Act to be carried on by His Majesty's subjects, and also for the disposition in the United Kingdom of all articles manufactured of silk, hair, or cotton wool, or any mixture thereof, imported under the authority of the said Act, from any port or place within the limits of the said Company's charter; and it was by the said Act enacted, that it should and might be lawful for any ship or vessel fitted and clearing out conformably to an Act passed in the thirtyfifth year of His said late Majesty's reign, intituled An Act for the further 35 G. 3. c. 92. encouraging and regulating the Southern Whale Fisheries, to sail and pass for the purpose aforesaid, in all the seas to the eastward of the Cape of Good Hope, and in all the seas to the westward of the Streights of Magellan, subject to several provisoes in the said Act contained; and it was also enacted by the said Act, that nothing therein contained should extend or be construed to extend to prevent the making, during the further term thereby granted to the said Company, such further provisions, by authority of Parliament, as might from time to time be deemed necessary for enabling His Majesty's subjects to carry on trade and traffic, directly or circuitously, as well between all ports and places situate without the limits of the said Company's Charter, and all ports and places (except the dominions of the Emperor of China) situate within those limits, as between the said United Kingdom, and all the last-mentioned ports and places, except as aforesaid, but without prejudice to any of the restrictions or provisions therein contained, as to the resort to and residence of any persons in the East Indies and ports aforesaid: And whereas an 54 G. 3. c. 34. Act was passed in the fifty-fourth year of His said late Majesty's reign, intituled An Act for the further Regulation of the Trade to and from the Places within the Limits of the Charter of the East India Company: And 1 & 2 G. 4. c.65. another Act was passed in the fifty-fifth year of His said late Majesty's 55 G. 3. c. 116. reign, intituled An Act to make further Regulations for the Registry of Ships built in India: And whereas another Act was passed in the fiftyseventh year of His late Majesty's reign, intituled An Act to regulate the 57 G. 3. c. 36. Trade to and from the Places within the Limits of the Charter of the East India Company, and certain Possessions of His Majesty in the Mediterranean: And whereas another Act was passed in the second year of the reign of His present Majesty, intituled An Act for the further Regulation of Trade to and from Places within the Limits of the Charter of the East India Company (except the Dominions of the Emperor of China), and Ports or Places beyond the Limits of the said Charter, belonging to any State or Country in amity with His Majesty; by which several Acts provision has been made for enabling, as well His Majesty's subjects generally as the said United Company, to carry on trade and traffic, directly and circuitously, under certain restrictions, with the East Indies and other places within the limits of the said Company's Charter: And whereas an Act was passed in the fifty-ninth year of the reign of His said 59 G. 3. c. 122. late Majesty, intituled An Act to permit Vessels under a certain Tonnage to trade between the United Kingdom and New South Wales: And whereas it is expedient to repeal some, and to comprise in one Act of Parliament others of the herein-before recited provisions of the said Act of the fifty-third year of His said late Majesty's reign, and all the provisions of VOL. II. T No. CXIX. 4 Geo. IV. c. 80. So much of 53 G. 3. c. 155. as authorizes the carrying on Trade within the Limits of the Company's Charter, &c., and all the other recited Acts, repealed. Trade may be carried on in British Vessels with all Places, except China, within East In dia Company's Charter. Company may Trade which His Act not to per- out the Limits of the Com pany's Charter, which cannot now legally be carried on. Military Stores not to be car ried without a the said Acts of the fifty-fourth, fifty-fifth, fifty-seventh, and fifty-ninth years of His said late Majesty's reign, and of the said Act of the second year of the reign of His present Majesty, and to make further provision for the trade and traffic of the said Company, and of His Majesty's subjects generally, from to and between the ports and places within the limits of the said Company's Charter, and all countries belonging to His Majesty, or at amity with him; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said Act of the fifty-third year of His said late Majesty's reign, as authorizes His Majesty's subjects to carry on trade and traffic to and from the ports and places within the limits of the said Company's Charter, with all the provisions restrictions and limitations in the same Act contained, for the regulation of such trade, and for the disposition in the United Kingdom of all articles manufactured of silk, hair, or cotton wool, or any mixture thereof, imported under the authority of the said last-mentioned Act from any port or place within the limits of the said Company's Charter; and that the whole of the said Acts, passed in the fifty-fourth, fifty-fifth, fifty-seventh, and fifty-ninth years of the reign of His said late Majesty, and the said Act passed in the second year of the reign of His present Majesty, be and the same are hereby repealed, except as to such voyages and adventures as shall have been actually commenced under the authority of the same Acts, or any of them; and except as to any suits or actions which may have been commenced and are now depending relative to the provisions hereby repealed, or any of them. II. And be it further enacted, That it shall be lawful for any of His Majesty's subjects, in ships or vessels registered and navigated according to law to carry on trade and traffic in any goods, wares, or merchandize, except tea, as well directly as circuitously, between all ports and places belonging either to His Majesty, or to any prince state or country at amity with His Majesty, and all ports and places whatsoever situate within the limits of the Charter of the Company, except the dominions of the Emperor of China; and also from port to port and from place to place within the same limits, except the said dominions of the Emperor of China, under such rules and restrictions as are herein-after mentioned; any thing in any Act or Acts of Parliament, or in any Charter of the said Company, to the contrary notwithstanding. III. And be it further enacted, That it shall and may be lawful for the said United Company to carry on any trade and traffic which His Majesty's other subjects may carry on under the authority of this Act; any thing in any Charter of the said Company, or in any Act or Acts of Parliament to the contrary notwithstanding. IV. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to permit the importa tion into the United Kingdom, or into any colony or possession of His Majesty without the limits of the Charter of the East India Company, of any goods wares and merchandize, the produce of countries without such limits, which cannot now be legally imported from such countries respectively into the "United Kingdom, or into such colonies or possessions of His Majesty, nor to permit the exportation from the United Kingdom, or from such colonies or possessions, to any countries without such limits, of any goods wares or merchandize, which cannot now be legally carried from the United Kingdon, or from such colonies or possessions to such countries. V. Provided also, and be it further enacted, That it shall not be lawful for any person or persons to carry any military stores to any place upon the continent of Asia, between the river Indus and the town of Malacca special Licence. on the peninsula of Malacca inclusive, or to the said Company's factory of Bencoolen, in the island of Sumatra, or its dependencies, save only the said United Company, or such as shall obtain their special leave and licence in writing, or a special leave and licence in writing under their authority for that purpose. No. CXIX. 4 Geo. IV. c. 80. Vessels not to proceed to any Port between the Indus and Malacca, until VI. Provided also, and be it further enacted, That it shall not be lawful for any ship or vessel, other than a ship or vessel of the said Company, to proceed from any port or place without the limits of the said Company's Charter, to any port or place on the continent of Asia, between the river Indus and the town of Malacca inclusive, other than the said company's principal settlements of Fort William, Fort Saint George, Bombay, and Prince of Wales Island, until after such ship or vessel shall have been admitted to entry at some one of the said four principal settlements, without a special licence in writing from the Court of Directors of the said United Company; any thing herein-before contained to the contrary notwithstanding. admitted to Entry at one of the principal Settlements in India. VII. Provided also, and be it further enacted, That when and as often If Court of Dias any application shall be made to the said Court of Directors for a rectors do not licence, specially authorizing any ship or vessel to proceed to any place comply with or places upon the continent of Asia, from the river Indus to the said Application for town of Malacca inclusive, other than the said four principal settlements, Leave to go to the said Court of Directors shall, within fourteen days from the receipt thereof, unless they shall think fit to comply therewith, transmit the same to the Board of Commissioners for the affairs of India, together with any representation which the said court may think proper to make upon the subject of such application; and in case the said Board of Commissioners shall think fit to direct the said Court of Directors to issue such licence, the said Court of Directors shall and they are hereby required forthwith to issue the same, upon such terms and conditions as the said Board of Commissioners shall from time to time think fit: Provided always, that in all cases in which the said Board of Commissioners shall direct the said Court of Directors to issue any such licence, which they shall have declined to issue without such direction, the special circumstances inducing them to give such directions shall be recorded in the books of the said board. VIII. Provided always, and be it further enacted, That it shall be lawful for the said Court of Directors of the East India Company, with the consent and approbation of the Commissioners for the affairs of India, to declare that any other port or place, or ports or places on the continent of India, between the Indus and the town of Malacca, or in any island in the East Indian seas, under the government of the said Company or of His Majesty, shall be considered, for the purposes of this Act only, as one of the principal settlements of the said Company, and such port or place, or port or places, shall be so considered accordingly. minor Ports, the same shall be referred to Commissioners for Affairs of India. Additional Ports or Places be- Company for this Act. IX. Provided also, and be it further enacted, That nothing herein contained shall authorize any of His Majesty's subjects, other than the said Company, or persons properly licensed by them, to carry on trade or traffic with the dominions of the Emperor of China, or to export or import from or to any ports or places within or without the limits of the said Company's Charter, any tea, or in any manner to trade or traffic in tea. X. Provided also, and be it enacted, That it shall not be lawful to import any goods wares or merchandize from any port or place within the limits aforesaid, into any port of the United Kingdom, except only such as shall be provided with warehouses, together with wet docks or basins, or such other securities as shall in the judgment of the said Commissioners of the Treasury for the time being, or any three or more of them, in Great Britain and Ireland respectively, be fit and proper for the deposit and safe custody of all such goods wares and merchandize as well as for the collection of all duties payable thereon, and shall have been duly declared so to be, by the order of His Majesty in council in Great Britain, or by order of the Lord Lieutenant in council in Ireland: Provided always, that copies of all such orders in council, to be issued as aforesaid, shall have been published three times at least in the London or Dublin Gazette, as the case may be; and copies of all such orders shall be laid before both houses of Parliament in the session next after the issuing of the same respectively. Tea. Goods only to be imported into |