Goods damaged on Voyage; Abatement of Duties. When claim to be made. 1825. 6 Geo. 4, c. 107, $28. (12) And be it further enacted, that if any goods LAWS. which are rated to pay duty according to the number, measure, or weight thereof, (except certain goods herein-after mentioned), shall receive damage during the voyage, an abatement of such duties shall be allowed in proportion to the damage so received; provided proof be made to the satisfaction of the commissioners of his Majesty's customs, or of any officers of customs acting therein under their directions, that such damage was received after the goods were shipped abroad in the ship importing the same, and before they were landed in the United Kingdom; and provided claim to such abatement of duties be made at the time of the first examination of such goods. Sugar from limits of charter. cate. Entry of East-India Sugar. (13) And be it further enacted, that before any Master to make sugar shall be entered as being the produce of any oath to certifi- British possession in the limits of the East-India Company's charter, the master of the ship importing the same shall deliver to the collector or controller, a certificate under the hand and seal of the proper officer at the place where such sugar was taken on board, testifying that oath had been made before him by the shipper of such sugar, that the same was really and bona fide the produce of such British possession; and such master shall also make oath before the collector or controller, that such certificate was received by him at the place where such sugar was taken on board, and that the sugar so imported is the same as is mentioned therein. Prohibited Goods being warehoused. (14) Any goods of whatsoever sort may be imported into the United Kingdom, to be warehoused under the regulations of any act in force for the time being for the warehousing of goods, without payment of duty at the time of the first entry thereof, or notwithstanding that such goods may be prohibited to be imported into the United Kingdom to be used therein, except tea and goods from China in other than British ships, or by other persons than the EastIndia Company. Terms used in Acts. (15) Whenever the several terms or expressions following shall occur in this act, or in any other act relating to the customs, the same shall be construed respectively in the manner hereinafter directed; (that is to say) that the term "East-India Company" shall be construed to mean the United Company of Merchants of England trading to the East-Indies; that the term " Limits of the EastIndia Company's Charter" shall be construed to mean all places and seas eastward of the Cape of Good Hope to the Straits of Magellan. (16) And $ 36. § 53. § 115. LAWS. 1825. c. 111, § 12. Cape of Good Hope in limits of charter; Mauritius as West-Indies. (16) And be it further enacted, that, for the purposes of this act, 6 Geo. 4, the Cape of Good Hope and the territories and dependencies thereof, shall be deemed to be within the limits of the East-India Company's charter; and the Island of Mauritius shall be deemed to be one of his Majesty's sugar colonies, and placed upon the same footing in all respects as his Majesty's islands in the West-Indies. Produce of limits imported from Malta or Gibraltar. (17) And be it further enacted, that all goods the produce of places within the limits of the East-India Company's charter, having been imported into Malta or Gibraltar in British ships, shall, upon subsequent importation into the United Kingdom direct from thence, be liable to the same duties as the like goods would respectively be liable to, if imported direct from some place within the limits of the said charter. Goods warehoused to be cleared in three Years. (18) Be it enacted, that all goods which have been warehoused shall be duly cleared, either for exportation or for home use, within three years, and all surplus stores of ships within one year from the day of the first entry thereof (unless further time be given by the commissioners of his Majesty's treasury); and if any such goods be not so cleared, it shall be lawful for the commissioners of his Majesty's customs to cause the same to be sold, and the produce shall be applied to the payment of warehouse rent and other charges, and the overplus, if any, shall be paid to the proprietor; and such goods, when sold, shall be held subject to all the conditions to which they were subject previous to such sale, except that a further time of three months from the date of the sale shall be allowed to the purchaser for the clearing of such goods from the warehouse; and if the goods so sold shall not be duly cleared from the warehouse within such three months, the same shall be forfeited: provided always, that if the goods so to be disposed of shall have been imported by the East-India Company, or shall be of the description called "Piece Goods," imported from places within the limits of their charter into the port of London, the same shall, at the requisition of the commissioners of customs, be duly exposed to sale by the said company at their next ensuing sale, and shall be then sold for the highest price which shall be then publickly offered for the same. EAST-INDIA DOCK COMPANY. In the year 1803, a measure was brought forward in Parliament for the improvement of the port of London, which had specific reference to the shipping employed by the EastIndia Company. It appeared to Parliament that the size of the vessels was far larger than others employed by merchants in trade, and that many of them were equal in bulk to ships of the Royal Navy, and that their cargoes were of great value and national importance. The system which then prevailed of loading and discharging the ships, greatly impeded the navigation of the river; the cargoes were liable to plunder, and the public revenue was thereby defrauded to a considerable amount. A company, to be styled, "the East-India Dock Company," was accordingly formed, with a capital of £200,000 in shares of £100 each; £5 per cent. was to be paid on the capital raised, and when the docks were completed, the Company were empowered to grant in the whole £10 per cent. per annum, and they were also allowed to increase their capital to £300,000. Two general meetings of the Company of Proprietors are to be held in the year; one in the month of January, the other in the month of July, and all general meetings of the said Company are to consist of ten of the said proprietors at least, and to be held between the hours of ten in the forenoon and four in the afternoon. The number of directors is thirteen, of whom four are to be chosen out of the directors of the East-India Company. The four directors named in the act were John Roberts, Stephen Williams, Joseph Cotton, and William Thornton (now Wm. Astell), Esquires. In the event of any of the directors of the East-India Company, so nominated, dying, or refusing to act, or shall cease to be a director of the East-India Company for the space of two succeeding years, then the directors of the East-India Company are required to appoint another person out of the directors to be a director of the East-India Dock Company. The directors continue Y continue in office for three years: the election is to be held the second Monday in the month of July in each year. A chairman and deputy are to be appointed; nine proprietors of ten shares may require an extraordinary general meeting of the Company, and the directors are required within ten days after delivery of the notice to call such general meeting-not sooner than seven days, nor later than one calendar month after the notice : The Chairman has the casting vote, whether the matter or thing discussed is decided by the majority of votes then present or by ballot. All ships and vessels from India or China are to unload and discharge the whole of their cargoes within the docks. If at any time East-India ships cannot be admitted into the docks, the commissioners of the customs may authorize the cargoes of those particular ships to be discharged elsewhere. Outward-bound East-India ships may load in the docks or below Limehouse Creek. The directors, or any five, may make by-laws, rules, orders, regulations, for the docks, &c.; but a general meeting of the Company may alter and annul any of them. Certain rates are fixed for ships using the docks; the rates may be lowered by the directors and raised again, but not to a higher rate than is expressed in the table of the act. In 1806, the Company were permitted to increase their capital to £400,000. No other than East-India vessels to use the docks without consent of the Lords of the Treasury. Caravans are to be provided for the East-India Company or the conveyance of all goods, wares, and merchandize to the Company's warehouses in London, which caravans are subject to approval by the commissioners of his Majesty's customs. For more effectually securing to the East-India Dock Company the rates granted by the 43d Geo. III, cap. 126, and 46 Geo. 46 Geo. III, cap. 113, it was provided, in 1813, by the 53d Geo. III, cap. 155, sec. 28, that the said rates should be paid before goods are delivered to the owners or consignees, and that if the rates on goods are not paid to the East-India Dock Company before unloading, they may be sent to the East-India Company's warehouses to be sold, and the rates deducted from the purchase-money. In 1814, the East-India Dock Company were empowered to increase their capital to £500,000, and the Directors were empowered to build warehouses on the banks of such docks. LAWS. Directors of the (1) And be it further enacted, that John Roberts, said Company. Stephen Williams, Joseph Cotton, and William Thornton, Esquires, four of the directors of the East-India Company, and their successors, to be appointed in manner herein directed, together with Sir William Curtis, Baronet, John Atkins, Henry Bonham, Abel Chapman, Joseph Huddart, Richard Lewin the younger, William Wells the younger, Robert Wigram, and John Woolmore, Esquires, nine of the members of the said East-India Dock Company, and their successors, to be appointed in manner herein directed, shall be and be called "The Directors of the East-India Dock Company." Dock Directors act, or become East-India Dock Company. Subsequent ap- (2) Provided always, and be it enacted, that in case pointments of the said John Roberts, Stephen Williams, Joseph Cot(by the Directon, and William Thornton,* or any of them, or any tors of the EastIndia Company) person or persons to be nominated or appointed in his in the room of or their room or stead, as a director or directors of the those who shall said East-India Dock Company, shall die, or refuse to die, refuse to act in the execution of this act, or shall cease to be a disqualified. director or directors of the said East-India Company, for the space of two succeeding years, then and in every such case the directors of the said East-India Company shall, and they are hereby required to nominate and appoint, in such manner as to them shall seem right and proper, some other person or persons, out of the Directors of the said East-India Company, to be a director or directors of the said East-India Dock Company, in the room or stead of the director or directors of the said East-India Dock Company so dying, refusing to act, or ceasing to be a director or directors of the said EastIndia Company, for the space of two years; and every person so nominated The present Directors are-- Edward Parry, Esq. |