Page images
PDF
EPUB

SALE,

of goods for non-payment of duties, after entry, how soon allowed, 741.-(See
"Entry Inwards.")

of goods, where real, value cannot be ascertained without it, 751.-(See
Value.")

66

of goods bought by the commissioners of customs at the price set on by mer-
chant at time of valuing them, 752, 3.

SALT,

may be exported from Bahamas, subject to tonnage duty, 220.
may

be exported by citizens of United States from Turk's Island, 220.
privilege extended to Nassau and Exuma, and the Bahamas, 220.

may be shipped in English-built and navigated vessels in any part of Europe,
for fisheries there, 228.-(See "Fisheries.")

may be shipped thus for New England and Newfoundland, 228.

since extended to Nova Scotia and Quebec, 228.

repeal of the duties on, would effectually serve the fisheries, 280.-(See
Fisheries.")

[ocr errors]

duty on, when first imposed, 280.

by what acts continued and increased, 280, 1.

allowed duty free to cure fish, 281.

consideration of the report of the committee of 1801, regarding duty on, 281.
regulations respecting delivery of salt to be used in fisheries duty-free, 282, 3.
when it is to be exported to Newfoundland and Gulph of St. Lawrence,
282, 3.

provisions of the statute 57 Geo. 3. c. 179., 282, 3.

observations on it, 283.

duties on, ought to be repealed as far as the curing of fish is concerned, 285.
quantity of, allowed for curing pilchards duty free, 368.

as to importation of, duty free, for curing fish, 369.

used in the packing and preserving of provisions, to be thrown ́ overboard,
533.

cannot be imported from Netherlands or Germany, 534.

as to the encouragement to import salt for sole purpose of curing fish, 541.
it may be imported on payment of a small duty, 541.

it must be warehoused, 541.

what deduction allowed on declaring value on.-(See

SALARY. (See " Fees.")

SALVAGE. (See " Postliminium.”)

[blocks in formation]

consul must pay for wrecks, anchors, &c. found at sea, 61.

no letters of marque necessary, in cases of recapture, to entitle salvors to,

420.

defined, 436.

rule of, in cases of British recaptures, 436.

not confined to recapture alone, but extends to rescue, 437.

when not paid to rescuers, 436.

not due when property not in possession of the enemy, 436.

given when rescue takes place, by rising of the captured crew, 436.

particular rates binding only on British subjects, 436.

in other cases generally assessed by the court, 437.

not payable unless property is returned, 437.

'n cases of neutral property taken by enemy, in what cases salvage necessary,

SARK,

trade of this country with, considered as part of the coasting trade, 175.-(See
"Coastwise.")

vessels fishing on coasts of, must be manned by British mariners, 273.-(See
"Fisheries.")

offences committed in, to be tried there, 813.

SCIRE FACIAS,

will lay, though excise warehouse bond is paid, but after the expiration of the
appointed time, 553.-(See "Warehousing.")

and this, though officers received the money, 554.

SCOTLAND,

bounty on import of naval and military stores from, 543.-(See "Bounty.")
of hemp from, 543.

of pitch and tar from, 543.
of turpentine from, 543.
of masting timber, 543.

navigation act extended to, 545.

writ of habeas corpus will not run in, 659.

as to the ports or places for shipping and unlading goods in,728.-(See "Ports.")
offences committed in, to be tried in the county where it arose, 813.

SCULPTURE,

how far prohibited to be imported, 538.-(See "Books.")

66

SEA.-(See Passage by Land or Sea.")

of the dominion of the main seas and right of passage thereon, 88 to 103.
question whether the main seas can be appropriated or not, argued, 89, 90.
reason why sea has not been long ago appropriated, 90.

may be a property in gulphs, 90.-(See " Gulf.")

same as to streights open at both ends, 90.-(See "Streights.")

observations on Grotius' reasoning as to the appropriation of the sea, 90, 1.
conclusion that a state may appropriate sea, and they may belong to her so
long as she can keep them, 92, 3.

but she must not use fraud or unallowable force to secure them, 93.
Puffendorf's argument against marine appropriation, 93.

observations on the argument, 93, 4.

observations of Seldon on the dominion of the seas, 94, 5.

66

reasons why an unlimited passage should not be allowed, 95.-(See Passage
by Land or Sea.")

Vattell's observations as to the divisibility of the jurisdiction and property
of the sea, 95.

but the presumption is, that they are inseparable, when the useful domain
is in possession, 95, 6.

but not so when the empire only is in possession, 96.

this distinction rejected by Bynkershoek as to all practical purposes, 96.
jurisdiction and property really distinct in case of land, but not so with the

sea, 96.

when it may be so in the case of the sea, 96.

proprietor of sea is he who commands it, 96.

and the proprietor of the sea may sell, exchange, or dispose of it as he pleases,

96.

observations of Molloy as to, 96, 7.

whence Molloy took this passage, 97.

occupation of part, and power to retain whole, is considered as occupation of
whole, 97.

SEA-(continued.)

Molloy's argument on this point, 97, 8.

but with respect to sea near the coasts, all authorities agree that it may be
appropriated, 98.

the reasons for the appropriation, 98.

but if a nation has once acknowledged the common right of others, it cannot
resume it, 98.

thus the English cannot exclude other nations from the herring fishery on their
own coasts, 98.

another reason is, that a state may hinder vessels of war, &c. coming too near
her coasts, 98.

James the first marked out line along his coasts, 99.

these parts of the sea thus subject to a nation, are part of her territory, and
no one must navigate them without consent, 99.

but she must not heedlessly refuse a passage to vessels, 99.

the state her own judge, and at all events the others bound to submit, 99.
otherwise in case of necessity, 99.

how far a nation may extend its marine rights over sea of its coasts, 99,
100.

some say to thirty leagues, 99.

others again as far as is consistent with her own safety, &c., 99.

Aguire's opinion on this head, 99.

by him limited to the distance that a ball from a cannon, bomb, or mortar
fired from shore would reach, 100.

usually three miles, 100.

from what point distance to be measured where there is an indented shore,
100.

how far rule extends, 100.

bay that can be defended may be rendered subject to a state, 100.

passage through streight when it cannot be refused, 100.-(See "Passage by
Land or Sea.")

in what case tax may be levied for passage, 101.

custom payable to Denmark for passage of Sound, 101.

of the British Seas, 101 to 102.

which they are, 101.

within the jurisdiction of her government, 101.

boundaries of them extend to the opposite shores, and a certain parallel

of latitude, 101.

acts of concession how discontinued, 101.

how they are called, 101, 2.

in what the sovereignty of these seas consists, 102.

duty of the flag, what, 102, 3.

effects of dominion over the sea in general, 102 to 103.

hence the right of taking fish, 102.-(See "Fish.")

hence right to restrain navigation of foreigners, 102.-(See "Naviga-
tion.")

hence right of imposing duties of tonnage, fees of entry or clearance, 103.
of instituting tolls for benefit of navigation, 103.

of judging crimes committed on, 103.

of duty of the flag, 103.

of the right of pre-emption, and other rights incident to dominion of
sea, 103 to 106.-(See "Pre-emption.")

right of pre-emption, staple, &c. will arise on sea as amply as on land,

106.

sea is

open to alien to pass with their wares, 147.

as to right of a king to exclusive fishing in his own seas, 98, 286.-

SEA LETTER,

necessary on board of neutral ships, 487.-(See "Ship's Papers.")
defined, 487.

what it states, 487.

SEARCH. (See "Customs," "Excise," " Forfeiture," " Officers.")
of the right of, and consequences of resistance, 482 to 489.

belligerents have power to search neutral vessels met at sea, 483.
on what reasons this rule is founded, 483, 4.

declaration of the Empress of Russia regarding the right, 1781, 484.
the rights was at times a little modified but never abolished, 484.
it now exists both theoretically and practically, 484.

and resistance to the power works a forfeiture of the neutral ship and
cargo, 485.

a rescue is sufficient resistance to work the forfeiture, 485.

a resistance on part of convoy is the resistance of the whole fleet,
485, 6.-(See "Convoy.")

under what circumstances the escape of a neutral vessel captured will not
amount to resistance or rescue, 486.

attempt at escape before possession by capture is not a rescue, 486.
unless neutral satisfied that war is declared, a direct resistance will not
superinduce the penalty, 486.

forfeiture not superinduced though a disposition to resist is at first shewn,
yet is afterwards abandoned, 486.

attempts to evade are not so penal in practice as resistance, though in
strict principle it is so, 486.

where the penalty attaches it reaches both ship and cargo, 486, 7.
under laws of customs and excise,

may be made of vessels by officers of customs and excise, 747. 9.
as to power of searching houses, &c., 749. 789.

when goods carried away without payment of duties, house may be
searched, 749. 789.

warrant for this purpose by whom to be granted, 747.789.
limitation of time when search to take place, 750. 789.

consequences of giving false information, whereby house is searched,
750.789.

action lies for it, 750. 789.

as to writs of assistance to search, 789.-(See "Writ.")
if resisted they may break open doors, chests, &c., 790.
powers of ordering shipping to bring to, to be searched, 786.

ships must not pass usual places of stationing officer without bringing to,
786.

and when outward bound he must bring to, to have his cargo examined
and take on board officers, 786.

what cases are exempted, 786.

forfeiture in case of disobedience, 786.

ships must bring to when commanded, king's ships having the proper
pendant and ensign, 786.

same when commanded by revenue cutter properly authorized and
hanging out proper ensign, 786.

in case they do not, such vessel may be shot into, 786.

officers of navy, &c. indemnified for consequences, 786.

if person killed, officer may be discharged on bail before a justice of the
peace, 786.

power of searching ships conferred by 13 & 14 Car. 2. c. 16., 787.
enactment of the statute, 787.

SEARCH.-(continued.)

under laws of customs and excise.-(continued.)

power of search given by act, and the goods, &c. they may bring away
and lodge in king's warehouse, 787.

goods, duty on which not paid within 20 days after ship's entry, 787.
officers may freely stay on board until all goods delivered, 787.

officers of excise may go on board and search ships within the limits of a
port, 789.

and they may also enter coasting vessels and search them, 789.

as to searching places for exciseable goods, 793.

enactment of 42 Geo. 3. c. 93. on this point, 793.

warrant must be obtained from commissioners of excise, or justice
of peace, 793.

officer must set forth in his charge ground of suspicion, 793.

they may enter houses by day or by night, 793.

if by night, constable must be with them, 793.

constable is bound to go with officer, 793.

persons molesting officer forfeit £100, 793.

officers executing warrant in night without presence of constable,
liable to an action, £100, 793.

he must be really and bonâ fide constable at the time, 793.

and he must be an officer of the district where search takes
place, 793.

SEDUCING ARTIFICERS.-(See " Artificer, English.")

SHEEP,

as to the exportation of live sheep, 572.-(See "Wool.")

any attempt to do so works forfeiture of animals and vessels, 572, 73. -
each person concerned pays a penalty, and is subject to imprisonment
without bail, 573.

but such imprisonment not to exceed twelve months, 573.

punishment for a second offence is more severe, 573.

what it is, 573.

some exceptions in favor of wether sheep necessary for ship's crew on
voyage, 573.

likewise for sheep transported from main land to adjacent estates, 573.
object of these provisions, 573.

provisions extend to Jersey, Guernsey, Alderney, Sark, and Man, 573.

SEIZURE.

(See "Customs." "Excise.” “ Forfeiture."" Officer." "Search.")
of wearing apparel, when allowed, and when not, 711, 2-(See " Apparel.")
when error in marking packages is discovered, and carried on to the manifest,
when seizure will not be allowed, 732.-(See " Manifest.")

for goods imported without manifest, 731, 2.-(See "Manifest." "Wine."
"Tobacco.")

once made, no amendment of report allowed, 746.

of whole bale takes place, if it contain any prohibited goods, if it is reported,
contents unknown, 748.

of all goods found on board after report, not reported, allowable, 748, 9.
may be made by officers of excise and customs of goods unshipped without
entry, or without duty paid, 749.

as to the seizure for goods not being entered, 749.

enactment of the stat. 12 Car. 2. c. 19., 749.

warrant for, and search where goods have been illegally removed, 749.

consequences of resistance to the search and seizure, 749.

limitation of time for search of houses for uncustomed goods, 750.

« PreviousContinue »