PART VII.

9 & 10 Will. 3. c. 13. § 8.

When duties to be paid.

Receipt for

duty.

TITLE CCXXIX.

GREAT BRITAIN-COASTWISE-Coals, &c.

Rule 1. FOR the better ascertaining and securing of the duties upon

"coals and culm imported from foreign parts, or shipped, or water-borne to "be shipped, and carried, by sea from any part of England to any other part "of the same as aforesaid;" it is enacted, that the several duties for such coals and culm shall from time to time be paid unto His Majesty, or to such collector or person as shall by His Majesty, or by the said commissioners of customs, under their hands and seals, be thereunto appointed, before bulk of the vessel in which they are imported, brought, or carried, shall be broken, or any of the coals or culm therein shall be unladen, and before any meter, measurer, or weigher, in that behalf appointed or to be appointed, shall measure or weigh the same; upon receipt whereof the party appointed to receive such duties shall, without delay, fee, or reward, deliver a receipt under his hand, to the person who shall pay the said duty, which receipt shall for so much be a sufficient discharge; of all which vessels, and of the coals and culm therein imported or brought, due entries shall from time to time be made in the custom-house of such place where such importation shall be made (if any custom house be there), or else in the custom house of the next Articles un- place where such importation shall be; and in case any of the said coals or shipped before culm so imported, brought or carried by sea, shall be unshipped (a) to be laid on land, before the duties respectively due for the same shall be paid or secured, then as well the said coals and culm, as also the vessel out of which the same shall be so unshipped, with her tackle, &c. shall be forfeited.

Entry.

payment of

duty.

Meter to weigh, &c.

Appointment Rule 2. It shall be lawful for His Majesty, or for the commissioners of of meters, § 9. customs, by writing under their hands and seals, from time to time, to appoint, within every place within England, so many meters, weighers, or measurers of the said coals and culm as shall within the term aforesaid be imported, in such place, wherein or for which such meters, weighers, or measurers shall be appointed as aforesaid, who shall from time to time measure and weigh all such coals and culm so imported; and when any such vessel shall be unladen, shall forthwith deliver a true certificate in writing, under their hands, unto the person appointed to receive the said duties within such place of the sorts, quantities, and numbers of chalders or tons of coals or culm, which shall be measured or weighed, and delivered from on board any such vessel, under the Quantity not penalty of 1007.; and in case it shall appear by such certificate, or otherwise, agreeing with that there was on board any such vessel a greater number of chalders or tons of coals or culm, than for which the said duties shall have been paid as aforesaid,

Meter to give certifi

cate.

certificate.

(a) By 49 Geo. 3. c. 62. § 4. in case any coals (except charcoal made of wood), culm, or cinders, brought coastwise from any place in Great Britain, into any place in England, be unshipped or delivered from any vessel, without the presence or permission of the meter or other proper officer appointed to measure or weigh the same, according to the above act, such coals, culm, and cinders (whether the duties shall have been paid or not) shall be forfeited.

c. 18.

concealing.

then there shall be paid unto His Majesty by the master or owners of such 9 & 10 vessel, for every chalder or ton of coals or culm so concealed, over and above Will. 3. the duties aforesaid, the sum of 10s. (a) for which, in case of refusal to pay the same, such vessel, with the tackle, &c. thereof, or any part thereof, shall Penalty for and may be attached and detained by the officer in such place appointed to receive the said duties, or to measure or weigh the said coals or culm, until payment thereof, and to sell the said vessel, tackle, &c. or any part thereof, in Vessel, &c. case all the said duties, or payments before-mentioned, for the said concealed may be sold. coals or culm, shall not be paid, with reasonable costs and charges, for such attaching, detaining, or selling, rendering the overplus; which sale shall be good and effectual in the law.

Rule 3. Provided nevertheless, that if the importer, upon such certificate When pedelivered in by the measurer or weigher, shall within the space of six days nalty not to be after the delivery of such vessel, and before her departure from that place, enforced, give in his post entry, and pay the whole duty for the surplusage of the said coals or culm, appearing upon the unlading of such vessel, then upon such payment the penalty aforesaid shall be discharged.

$10.

Rule 4. "Whereas in order to oblige ships employed in the coal trade to 4 Geo. 2. "keep turn, a method has been or may be practised, for the masters of such c. 30. § 2. ships to deliver their cockets into the hands of particular agents employed "by the owners of such ships, by which means such masters have been or

may be disabled from delivering their coals, until permitted by such agents,"

it is therefore enacted, that the master of every vessel loaded with coals, shall When rockets deliver or cause to be delivered to the proper officers of customs at the port of to be deLondon, the cockets containing the lading of such vessel, within four days livered. after the arrival of such vessel as high as Gravesend, in the river of Thames, on pain of forfeiting 501. on their neglect or refusal so to do.

Bond.

Rule 5. Good security shall be given to the officers of customs in the re- 9 Ann. c. 6. spective ports where any coals shall be shipped for exportation to Ireland, the § 6. Isle of Man, or the plantations, and not elsewhere (dangers of the seas excepted); and in case the vessel on which the coals, for which such security ought to be given, shall depart out of port without giving the same, then such vessel, and the coals therein, or the value thereof, shall be forfeited.

may be exported to

Jersey, &c.

Rule 6. The inhabitants of Jersey, Guernsey, and Alderney respectively, 6 Geo. 3. may export the several quantities of coals hereinafter mentioned, upon pay- c. 40. § 9. ment of the duty in Table D. (b) from the ports of Newcastle and Swansea, How coals in the several proportions, to the said isles, as are hereinafter mentioned; so as the persons who shall ship such coals do, before the shipping thereof, deliver unto the collector and controller of customs of the said ports of Newcastle and Swansea respectively (out of which the said coals are to be exported), a writing under the seals of the respective governors of the said isles of Jersey, Guernsey, and Alderney (into which the said coals are to be transported), or of their deputies respectively; which writing shall express the name of the party appointed to export, out of the said ports of Newcastle or Swansea, so many chaldrons of coals, expressing the number thereof, to the same isle, to be used therein, or in some of the members or parts thereof, or in the casket lights; and that such party so authorized to export such coals hath, before the making and sealing of that writing, entered into sufficient bond for His Majesty's use, in the penalty of 201. for every chaldron of such coals, for the due landing of the said coals accordingly (the danger of the seas only excepted).

Rule 7. The governors of the said islands respectively, or their respective Quantities, deputies, for whom they will answer, shall not make to any person any such § 10. writing as before specified, to authorize and appoint them to fetch, export, or transport, into the said islands respectively, in one year, to be accounted as aforesaid, any greater quantity of coals, or in any other proportions, from the said ports of Newcastle and Swansea respectively, than are hereinafter limited and expressed; that is to say, into the said isle of Jersey, out of the said port (a) See Rule 4 of this title. (b) For this table, see TITLE 249.

6 Gen. 3. c. 40.

Accounts, $11.

15 Geo. 3. c. 27. § 1. Commis

measuring

carriages, &c.

When and where carriages, &c.

of Newcastle, 350 chaldrons, Newcastle measure, and out of the said port of Swansea, 150 such chaldrons, and no more; into the said isle of Guernsey, out of the said port of Newcastle, 1000 such chaldrons, and out of the said port of Swansea, 150 such chaldrons, and no more; and into the said Isle of Alderney, out of the said port of Newcastle, 110 such chaldrons, and out of the said port of Swansea, 10 such chaldrons, and no more.

Rule 8. The collector and controller of customs of the said ports of Newcastle and Swansea respectively shall keep a true account of all the said quantities of coals so by them permitted to be loaded by virtue of this act, and shall not permit any greater quantities of coals to be so loaded than are by this. act prescribed, in any one year, to any of the said islands respectively, upon forfeiture of 201. for every chaldron.

Rule 9. It shall be lawful for His Majesty, by his commission issuing out of the court of exchequer in England or Scotland, to nominate and appoint commissioners for the admeasuring and marking all keels, boats, waggons, sioners for ad- barrows, carts, and coups, and all other vessels or carriages whatsoever, which now are or hereafter may be used in the carriage of coals, in order to be laden on board any vessel for exportation to foreign parts, or to be carried coastwise from any other place of this realm, in the same manner as such commissioners are appointed in pursuance of 6 & 7 Will. 3. c. 10. (a) for admeasuring and marking of keels and other carriages used for the carriage of coals in the said ports of Newcastle and Sunderland; which commissioners, so to be appointed in pursuance of this act, shall cause all keels, and all other vessels and carriages whatsoever, used as aforesaid, at every other port in this kingdom, to be admeasured, weighed, numbered, and marked, at such to be marked. times and places, and by such persons, as the said commissioners shall respectively direct and appoint for that purpose, in the manner hereafter exAdmeasure pressed; that is to say, all keels, and all other vessels and carriages whatsoment of coals ever, used as aforesaid in the carriage of such coals as are usually sold by the chalder, shall be measured with good middling coals, by the bushel commonly called the coal bushel, made round, with a plain and even bottom 194 inches from outside to outside, and to contain one Winchester bushel and one quart of water, allowing 36 bushels heaped up to one chalder; and all keels, and ment of coals all other vessels and carriages used as aforesaid in the carriage of such coals as sold by are usually sold by weight, shall be measured by the ton of 20 cwt. each weight. hundred weight to contain 112 lb. avoirdupois; and every such waggon, or Numbering, other land carriage so admeasured, shall be numbered, marked, and nailed on marking, &c. the head and each side thereof; and every keel, or other vessel or water car

Fold by the chalder.

Admeasure

riage so used in the carriage of such coals as are usually sold by weight, shall be admeasured by a dead weight of lead or iron, allowing 20 cwt. avoirdupois to the ton; and every such keel, or other vessel or carriage, so used in the carriage of any coals by water, whether usually sold by the chalder or by weight, so admeasured, shall be numbered, marked, and nailed on each side of the stem and stern and midship thereof, or in such other manner as the said commissioners shall respectively direct, to denote what quantity of coals each respective carriage will hold and carry up to the mark so set thereon; How duties to and the several duties due to His Majesty for such coals, shall be charged, be paid. collected, and paid for the same, according to the quantity of coals such keels, or other vessels or carriages, shall respectively contain up to the mark so set thereon.

Notice of

Carriages

Rule 10. The said commissioners appointed in pursuance of this act shall admeasuring, give three days' notice of the time and place of such admeasurement to the &c. § 2. owners of such keels, or other vessels or carriages; and if after such notice given, any keel or other carriage whatsoever shall be used in the carriage or removal of any coals, in order to be laden on board any vessel for exportation to foreign parts, or to be carried coastwise in this kingdom, before the same shall be measured, numbered, marked, and nailed, as aforesaid, every such keel, or other vessel or carriage, together with the coals which shall be laden

used before measured.

(b) See Rules 58-63 of this title.

thereon, shall be forfeited, and the same shall and may be seized by any 15 Geo. 3. officer of customs, (a) and prosecuted in the manner hereinafter directed. c. 27. Rule 11. In case after the admeasuring, numbering, marking, and nailing, Removing of any keel, or other vessel or carriage, the number or mark so set thereon, numbers, &c. § 3. or any part thereof, shall be removed or altered, in order to frustrate the intent and meaning of this act, such keel, or other vessel or carriage, and the coals, if any be laden thereon, shall be forfeited, and shall and may be seized and prosecuted as aforesaid; and the owner of such keel, or other vessel or carriage, and every person who shall be any ways concerned in or privy to the doing thereof, and who shall be convicted of such offence upon the evidence of a credible witness before any justice of the peace for the county or place where the offence shall be committed, shall respectively forfeit 107.; to be levied upon his goods and chattels by distress and sale thereof, by warrant under the hand and seal of such justice, rendering the overplus, if any, to the person distrained upon; and for want of sufficient distress, the owner of such Distress. keel, or other vessel or carriage, and the person so convicted of such offence, shall, by like warrant, be committed to the common gaol for the county, town, Imprison or place where the offence shall be committed, there to remain for the space of ment. three months without bail or mainprize, unless the said penalty of 101. shall be paid before the expiration of that time.

$ 4.

Rule 12. Any officer of customs appointed to examine and take an account of Officers the quantity of any coals, culm, or cinders, which shall be laden on board any may go upơn vessel at any place whatsoever in this kingdom, to be exported into foreign warfs, &c. parts, or to be carried coastwise from such place to any other port, member, or creek, within the same port, or to any other place in Great Britain, shall and may freely enter and remain in and upon any place from whence such coals, culm, or cinders, are laden, or intended to be shipped off, as aforesaid; and every person who shall hinder, obstruct, molest, or oppose any Obstructing officer of customs in the due execution of his duty required by this act, shall, officers. for every such offence, forfeit 1007.

§ 6.

Rule 13. The collector and controller, or other principal officer of customs, Accounts of at every place in this kingdom, where any keels, or other vessels or carriages carriages whatsoever, shall be measured and marked in pursuance of this act, or of any marked, &c. former act of parliament now in force, shall register or cause to be registered, in a book to be kept for that purpose, an account of the time and place when and where the said keels, vessels, or carriages, were measured, marked, and nailed, with the dimensions and the name of the owners thereof, and the quantity of coals each keel, or other vessel or carriage will respectively hold and carry up to the mark set thereon; and every person appointed, or to be appointed, to measure, mark, and nail such keels, or vessels or carriages, or to examine and take an account of the quantity of coals laden there from on board any vessel, shall take an oath before the collector and controller, or Oath for disother principal officer of customs at the place where he shall be so appointed, charge of for the true and faithful performance and discharge of his duty, according to duty. the directions and instructions such officer shall receive for that purpose from the respective commissioners of customs in Great Britain, which oath the said collector and controller, or other principal officer of customs, are hereby authorized and empowered to administer.

Rule 14. If any action be commenced against any person for any thing Limitation done in pursuance of this act, such action shall be commenced and prosecuted of actions, in the court of exchequer only in England, or in the court of session or ex- § 7. chequer only in Scotland, respectively, within the space of four calendar months next after the fact shall be committed or done.",

Carriages

Rule 15. If upon examination of any keel, or vessel or carriage, employed 55 Geo. 8. in the conveyance of coals or culm for the purpose of being laden or shipped c. 118. § 7. for exportation to parts beyond the seas, or to be carried coastwise, and which shall have been admeasured, weighed, numbered, and marked, in the manner directed by the laws in force on the 28th June, 1815, there shall be found any

(a) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100.

overloaded.

55 Geo. 8. 6. 118.

25 Geo. 3. e. 54. (b) 41.

When vessels

to be cleared.

Certificates.

Registers.

Not delivering certifi

greater quantity of coals or culm than such keel, or vessel or carriage, is allowed to carry according to the numbers, nails, or other marks set thereon, whether such number, nails, or other marks denote the quantity by weight or by measure, every such vessel or carriage so overloaded shall be forfeited, and shall and may be seized by any officer of customs. (a)

Rule 16. It shall not be lawful for any officer of customs, in any port, harbour, haven, or creek, within Great Britain, to clear coastwise, or for parts beyond the seas, any vessel whatsoever, laden or in part laden with coals, culm, or cinders, nor to sign or grant any cocket, let-pass, transire, or other dispatch, for the clearing outwards, either for a coasting voyage or a voyage for parts beyond the seas, any such vessel, until the master of such vessel shall produce and deliver to the proper officer of customs, at such port, &c. where such vessel is so laden, or in part laden, two certificates from the fitters or persons vending or delivering the coals, culm, or cinders, with which such vessel shall be laden, or in part laden, as aforesaid, expressing the real quantity so vended and delivered; which certificates every such fitter, or other person vending or delivering such coals, culm, or cinders, is hereby directed to give to every such master, and which the said proper officer is hereby directed to sign, and to enter and register in a public book to be kept by such proper officer at the custom house in the respective place where such vessel is to be cleared outwards as aforesaid; one of which certificates, after being so signed, entered, and registered, shall be returned to the said master of such vessel, and the other shall remain in the custody of the said proper officer in the custom house aforesaid; to which said register any person shall and may have recourse to see and examine, without fee or reward.

Rule 17. In case any fitter, or other person vending or delivering coals, culm, or cinders, shall not give such certificates as aforesaid, or shall give or cate, or giv- make any false certificate of the quantity of coals, culm, or cinders, shipped on board any vessel whatsoever in Great Britain, every such fitter, or other person, shall, for every such offence, forfeit 501.

ing false

ones, 2.

Coals, &c. exported

before duties

paid, § 3.

Rule 18. In case any coals, culm, or cinders, laden on board any vessel which shall be cleared coastwise at any port of Great Britain, shall, upon any pretence whatsoever, be delivered in any part beyond the seas, before the duties due upon the exportation thereof have been paid, the master of such vessel shall, before he be permitted to enter or clear out his said vessel coastwise, or for parts beyond the seas, not only pay to the proper officer, at the port in Great Britain from whence the said vessel is intended to be cleared out as aforesaid, the duties which were due upon the exportation of such coals, culm, or cinders, but also a further sum of 3s. for every chaldron of coals, culm, or cinders, Winchester measure, which had been so entered coastwise, and delivered in some part beyond the seas, to be applied to the same uses with the respective duties now payable upon coals, culm, or cinders exported.

Rule 19. If it shall appear upon the oaths of the master, together with the mate and two of the mariners belonging to such vessel, and who were on board at the time she was cleared coastwise, and sailed in her during the whole voyage, taken in the open custom house before the collector and controller, or other principal officer of such port, that such vessel was really and bona fide forced by contrary winds, or other unavoidable necessity and distress of weather, into such parts beyond the seas, and could not, by reason of such necessity and distress, have proceeded with such coals, culm, or cinders, to some place in this kingdom; which proof shall be transmitted by such officers to the respective commissioners of customs for that part of Great Britain from whence such vessel was cleared coastwise; and if it shall appear, to their satisfaction, that such vessel was so forced into parts beyond the seas as aforesaid, the said respective commissioners shall and may order the collector, or other proper officer of customs, to whom the said duties, and the said sum of 3s. for every chaldron as aforesaid, shall have been paid as here

(a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83,99, and 100. (b) By 52 Geo. 3. c. 9. § 1. the above act, so far as the same relates to England and Wales, is REPEALED.