13 and 14

bounds, and limits of every port, haven, or creek, within England, Cha. 2. c. 11. whereby the extents, limits, and privileges of every port, &c. may be ascertained and it shall not be lawful for any person whatsoever, to lade or put, or cause to be laden or put off or from any place on the land into any ship, vessel, lighter, boat, or bottom, any goods whatsoever, (fish taken by His Majesty's subjects, sea-coal, stone, and bestials, only excepted,) to be transported into any place of the parts beyond the seas, or carried by land into the realm of Scotland; or to take up, discharge, or lay on land, or cause or procure to be taken up, discharged, and laid on land, out of any boat, lighter, ship, vessel, or bottom, (being not in leak or wreck) any goods whatsoever, (fish taken by His Majesty's subjects, bestials, and salt, only excepted,) to be brought from any of the parts beyond the seas, or by land from the realm of Scotland, by way of merchandize, but only upon such open place, quay, &c. as His Majesty shall from time to time appoint by virtue of such commission, in His Majesty's port of London, and the members and liberties thereof, in any other place within England, without special sufferance and leave first had from the commissioners and officers of customs; upon the penalty of the forfeiture of all such goods.

Sufferances.

22 Cha. 2.

Rule 7. [New quay or wharf to be made from London Bridge to c. 11. 14. the Temple, of the breadth of 40 feet.]

and 45.

Bridewelldock from the Thames

to Holborn bridge, 47.

Rates.

Rule 8. It shall be lawful for any person to lade or unlade any goods at any of the said wharfs or quays for wharfage and cranage, whereof every person concerned may demand and receive such rates, and no other, for the same, as shall from time to time be appointed by His Majesty in council.

Rule 9. For the further convenience of trade, the channel of Bridewell-dock from the channel of the river of Thames to Holbornbridge shall be sunk to a sufficient level, whereby to make it navigable; and the ground to be set out for the breadth of the said channel, and of the wharfs on each side thereof, shall not be less in breadth than 100 feet; nor shall exceed 120 feet in breadth: and the line of the said channel, and wharfs and levels thereof, together with the cranes and stairs to be placed thereon, shall be ascertained by the lord mayor and court of aldermen, with His Majesty's approbation, and set out by the surveyors accordingly at or before the 1st May next ensuing; and all the said wharf-ground on each side of the said intended river shall lie open and at, large (cranes and stairs only excepted) without any division or separation, and each person's propriety therein to be distinguished only by denter-stones in the pavement thereof. No lighter, boat, or vessel, shall lie before any the said last-mentioned wharfs or quays longer than shall be necessary for the lading or unlading of goods, without the consent of the wharfingers or proprietors thereof; and it shall be lawful for any person to land any goods at any of the said wharfs or quays within the intended channel or cut so to be made for wharfage or cranage; whereof every proprietor, wharfinger, or other person concerned, shall demand and receive such rates, and no other, for the same, as shall from time to time be appointed by His said Majesty, with the advice of his privy council as aforesaid: and certain reasonable rates for tolls and other profits arising by the navigation of the said channel or cut shall be appointed by the lord mayor and court of aldermen, with approbation of the barons of the exchequer, or two or more of

them, and the same tolls or profits vested in the mayor, commonalty, 22 Cha. 2. and citizens of the city of London, for preservation of the said navi. c. 11. gation, sluices, and other incident charges thereof. [Bridewell-dock and Fleet-ditch in part filled up, 6 Geo. 2. c. 22.]

Rule 10. Provided that this act shall not extend to alter or make Proviso, & S4. void any thing done or to be done by virtue of any commission granted, or to be granted, by His Majesty, in pursuance of the preceding acts or of any other law or right, whereby His Majesty may or ought to appoint such and so many open places to be quays and wharfs within the city of London, and may also declare the bounds and privileges of the port of London and all other ports of England, with several other powers and privileges for the preservation of His Majesty's revenue of customs collected there.

Places in
Scotland.

Rule 11. The Queen's Majesty shall, from time to time, by com- 6 Ann. c. 26. mission out of the court of exchequer in Scotland, appoint all such 18. further places, ports, members, and creeks, in Scotland, as shall be lawful for the landing and discharging, lading or shipping, of any goods in Scotland, and to what ancient and head ports respectively such places, &c. shall respectively appertain; and where any such place, &c. shall be so appointed, the customer, collector, comptroller, and searcher of the head port shall, by themselves or their sufficient deputies or servants, reside and inhabit, for the entering, clearing and passing, shipping, and discharging of ships and goods, and by virtue of the said commission may likewise appoint the extents, bounds, and limits of every port, haven, or creek in Scotland, whereby the extents, limits, and privileges of every port, &c. in Scotland may be ascertained; after which appointment so made, the said ports, members, and creeks, so appointed, shall be observed and used for importation and exportation, in the same manner, and subject to such orders and regulations, and to the same effect, as the like ports, &c. appointed in England for exportation or importation there, are or ought to be by the laws of England. (a)

Rule 12. It shall be lawful for the commissioners of excise to 39 Geo. 3. allow pilchards and other fish to be exported, for the purpose of c. 65. § 4. obtaining the bounty, from such convenient place as they shall deem

proper.

Fish.

[East India, West India, and London docks, declared legal quays. Docks. See TITLES 238-210.]

Ships not to

Rule 13. No manner of ship, which is fraught towards England or 28 Edw. 3. elsewhere, shall be compelled to come to any port of England, nor c. 13. there to abide, against the will of the masters and mariners of the be compelled same, or of the merchants whose the goods be; and if such ships come to come into of their own good will, or be driven by tempest, or other misfortune any particuor accident, to any port in England, and the masters, mariners, or merchants of the same ships will sell and deliver part of their merchandize with their good will, it shall be lawful for every man to buy such merchandize freely, without impeachment, in the port where such ships shall come, albeit the said merchandize be not put to land

lar port, &c.

to sell; so always, that no merchant nor other shall go by land nor Forestalling, by water to meet such ships charged with merchandize, to forestal the said merchandize, or to give earnest on it by way of forestalling,

(a) As to the Isle of Man, see TITLE 48, Rule 1.

28 Edw. 3. c. 13.

None shall

compel merchauts to come to par

ticular ports,

nor meddle

with sales.

12 Cha. 2. c. 4. 3. Duties not paid before landing of goods.

Goods taken

perished, § 4.

upon the pains contained in the third article of the said ordnances ; (a) so that the masters, mariners, and merchants, after that they have so sold that which pleaseth them of their said goods, and paid thereof the custom, may freely depart, and go with their ships, and all the remnant of their goods, whither it shall please them, without custom thereof to be paid.

Rule 14. And none, of what condition soever he be, by art or engine, shall cause or make disturbance to any ship charged with merchandize to come to any port of England, except to the port where the masters, mariners, and merchants, will first of their free will arrive; nor, after they have arrived, shall meddle with the sale of such merchandize, nor disturb the merchants nor their servants, that they may not themselves by their own hands, according as to them best shall seem for their own profit, sell and deliver their merchandize at what time and to whom it shall them best please; and if any cause disturbance therein, he shall incur a grievous forfeiture to the King, according to the quantity of the trespass.

Rule 15. If any goods, whereof the subsidies shall be due, shall at any time after be shipped or put into any boat or vessel, to the intent to be carried into the parts beyond the seas, or else be brought from the parts beyond the seas into any place or creek of this realm or other Your Majesty's dominions, by way of merchandize, and unshipped to be laid on land, the duties due, or to be due for the same, not paid or lawfully tendered to the collector thereof or his deputy, with the consent and agreement of the controller and surveyor there, or one of them at the least, nor agreed with for the same in the custom house according to the true meaning of this act, then all the same goods whatsoever shall be forfeit to Your Majesty. (b)

Rule 16. If any goods as aforesaid, of any merchant being born by pirates or denizen, shall be taken by any enemies or pirates upon the sea, or perished in any ship that shall happen to be taken or perished, whereof the duties are or shall be duly paid or agreed for, as aforesaid, and that duly proved before the treasurer of England, commissioners of the treasury, or chief baron of the exchequer for the time being, by the examination of the same merchants, if they be alive, or of their executors or administrators if they be dead, or by two credible witnesses at the least sworn, or other reasonable witnesses and proof sworn, then the same merchant, his executors or administrators, shall or may newly ship, in the same port where the goods aforesaid were or shall be customed, so much other merchandize or goods, as the same goods are or shall be lost, as aforesaid, shall amount unto in custom, without paying of any thing for the same; so as the same proof be recorded and allowed of in the court of exchequer, and certified unto the collectors of customs of the port where the same merchandize are to be newly shipped without custom, as aforesaid.

12 Cha. 2.

c. 19. § 1.

Rule 17. If any person shall cause any goods for which custom, or other duties, are due or payable, to be landed or conveyed away withGoods landed out due entry thereof (c) first made, and the customer or collector, or

without entry.

(a) Felony, 27 Edw. 3. st. 2. c. 3. See TITLE 25,

(b) As to warehouse goods, see TITLE 245.

(c) See subseqnent acts under this title.

See also the ADJUDGED CASE at the end of this title.

his deputy, agreed with; then upon oath thereof made before the lord trea- 12 Cha. 2. surer, or any of the barons of the exchequer, or chief magistrate of the place c. 19. where the offence shall be committed, or the place next adjoining thereunto, it shall be lawful for the lord treasurer, such barons, or magistrate, to issue out

a warrant to any person, thereby enabling him, with the assistance of a sheriff, Search war justice of peace, or constable, to enter into any house in the day-time where rant. such goods are suspected to be concealed, and in case of resistance to break open such houses, and to seize and secure the same goods so concealed; and all officers and ministers of justice are hereby required to be aiding thereunto. Rule 18. No house shall be entered by virtue of this act, unless it be within Limitation of the space of one month after the offence supposed to be committed.

time, § 2.

Rule 19. If the information whereupon any house shall come to be search- False infored shall prove to be false, then the party injured shall recover his full damages mation, § 4. and costs against the informer, by action of trespass to be therefore brought against such informer. (a)

How long ves

Rule 20. No vessel arriving from the parts beyond the seas shall be above 13 & 14 three days coming from Gravesend to the place of her discharge, (within the Cha. 2. c. 11, river of Thames) without touching or staying at any wharf, quay, or place, ad- $2. joining to either shore between Gravesend and Chester's quay, unless apparent- sels shall be ly hindered by contrary winds, draught of water, or other just impediment, to coming to be allowed by such persons as are or shall be appointed by His Majesty for ma- quay. naging the customs, the collectors inwards, or other principal officers of customs); and then or before, the master or purser (for that voyage) of such ves- Entry of bursel shall make a just and true entry upon oath of the burthen, contents, and then, &c. lading of every such vessel, with the particular marks, numbers, qualities, and contents of every parcel of goods therein laden to the best of his knowledge: also where and in what port she took in her lading, of what country built, how manned, who was master during the voyage, and who are owners thereof; and in all out-ports or members, to come directly up to the place of unlading, as the condition of the port requires and will admit, and making entries, as afore said, upon the penalty of the forfeiture of 1001. (b)

Rule 21. No captain, master, purser, or other person, taking charge of any ships of war, vessel of war, (c) wherein any goods shall have been laden or brought from the $ 3. ports beyond the seas, or out of the realm of Scotland, shall unload or put on board any lighter, boat, or bottom, or lay on land, or suffer to be discharged or put into any lighter, boat, or bottom, or to be laid on land, out of any vessel, as aforesaid, any goods whatsoever, before such captain, &c. for that voyage shall have signified and declared in writing under his hand, unto the persons which are or shall be appointed by His Majesty for managing the customs, the Entry of customer or collector and controller inwards of the port where he arriveth, the goods, &c. nanies of every merchant or lader of any goods aboard the said vessel, together with the number and marks, and the quantity and quality of every parcel of goods to the best of his knowledge, and shall have answered upon his corporal oath to such questions concerning such goods as shall be publicly administered unto him in the open custom house, by such persons which are or shall be appointed for managing the customs, customer, or collector and controller, or their deputies, and shall be liable to all searches and other rules which mer chant ships are subject unto, by the usage of His Majesty's custom house (vic tualling-bills and entering excepted) upon pain to forfeit 1001.; and upon re- Refusal to fusal to make such entries, as well outwards as inwards, the officers of customs, make entries. and their deputies, shall and may freely enter and go on board every such vessel of war, and bring from thence on shore into His Majesty's storehouse belonging to the port where such ship shall be, all goods prohibited or un-customed, which shall be found on board any such ship.

Rule 22. The persons which are or shall be appointed for managing the Prohibited or customs, and officers of customs, and their deputies, are hereby authorized and uncustomed

(a) See the case of "Cooper against Boot" at the end of TITLE 147.
(b) See the references at the beginning of this title.

(c) See hereafter under this title.

goods, § 4.

13 & 14

Duties not paid within

enabled to go aboard any vessel, as well ships of war as merchant ships, and Cha, 2. c. 11. thence to bring on shore all goods prohibited or uncustomed, except jewels, if they be outwards bound; and if they be vessels inwards bound, from thence to bring on shore into His Majesty's storehouse, all small parcels of fine goods, or other goods, which shall be found in cabins, chests, trunks, or other small packages, or in any private or secret place, in or out of the hold of the vessel, which may occasion a just suspicion that they were intended to be fraudulently conveyed away; (a) and all other sorts of goods whatsoever, for which the duties were not paid or compounded for within 20 days after the first entry of the ship, to be put and remain in the storehouse aforesaid, until His Majesty's duties thereupon be justly satisfied, unless the said persons and officers of customs shall see a just cause to allow a longer time; and the said persons, and the officers of customs, and their deputies, may freely stay and remain aboard, until all the goods are delivered and discharged out of the said vessels; and if any master, purser, or boatswain, or other, taking packages on charge in any vessel, or any other person whatsoever, shall suffer any package to be opened aboard the said vessel, and the goods therein to be embezzled, carried away, or put in any other form or package

20 days.

Officers stay on board.

Opening

hoard and

embezzling

goods.

(a) By 5 Geo. 3. c. 43. goods which shall be found enclosed and concealed in any package, or in or amongst any of the goods contained therein, after the same shall have been sent to His Majesty's storehouse in pursuance of the above act, and which shall not have been, within 20 days after the entry of the ship in which they were imported, duly entered, and His Majesty's duties paid or secured for them; or which shall be found concealed in any package, or enclosed in or amongst any of the goods which shall be brought on shore by special sufferance or order from the commissioners or principal officers of customs, at the request and application of the proprietor or his agent, and shall not be particularly specified therein, the same shall be forfeited.

By 59 Geo. 3. c. 123. § 1. in all cases where any goods shall have been omitted in such reports, or shall have been wrongly described, or the reports shall be incorrect in any other respect, it shall be lawful for the commissioners of customs in Great Britain, on proof by the oath of the master, and mate, or purser of the vessel, and by the production and inspection of the original log book and cargo book of such vessel for that voyage, and bills of lading (if any) of the goods in question, and other original documents (if any) relating thereto, to their satisfaction respectively, and that no fraud was intended, to permit and allow, by an order specifying that such proof, inspection, and examination have respectively been made to the satisfaction of such commissioners, the masters of the ships or vessels to amend and make correct such reports on oath, before the proper officers of customs, which oaths such officers are hereby authorized and empowered to administer; and such masters of vessels shall be liable to the like penalties, in case of making a false amendment to their reports, as they were for making a false report in the first instance, to be sued for, prosecuted, recovered, and disposed of in like manner as the penalties to which they were liable in the first instance.

By 2. the collector and controller of customs at the several outports shall have the like power to permit and allow, by an order made by them in like manner as aforesaid, the master of any vessel who shall have made false or incorrect reports of their cargoes, to amend the same on such proof as aforesaid, made on oath as aforesaid before them (which oath they are hereby respectively authorized to administer), to their satisfaction, and that no fraud was intended; and such masters of vessels shall be liable to the like penalties in case of making a false amendment to their reports, as they were for making a false report in the first instance, to be sued for, prosecuted, recovered, and disposed of in like manner as the penalties to which they were liable in the first instance: provided that no such alteration or amendment shall be allowed or made or shall be of any validity or effect, if made after the actual seizure of any goods as forfeited for not being reported as required by law, or after the actual commencement of any prosecution against the master of any vessel for any penalty incurred by reason of any goods imported by such vessel into Great Britain, not being included and described in the original report of the cargo, or not being duly landed according to such report. [Sce TITLE 5, Rule 7, and TITLE 9, Rule 13.]