out of the vessel. 43 G. 3. c. 56. that he or she is desirous of being relanded, or of not proceeding on any such voyage, such collector, comptroller, or other officer, and such justice or other magistrate are required to take such person out of the vessel; and such justice or magistrate are required to set any such passenger free from his engagement, reserving to either party any legal clain which may arise in consesequence thereof. No person shall be received on board at any place where an officer of the customs is not stationed, on penalty of 500l. No vessel carrying 50 persons shall be cleared out, unless provided with a surgeon. Every surgeon shall have a mestored; and shall dicine chest specify the contents, and that they are good, upon oath, which shall be deposited in the custom-house. Penalty on mas ters, &c. not providing such chest, or surgeon not making such oath. Bedding to be aired, and vessel fumigated, on penalty of 201. No clearance unless the master bond to keep journals during the voyage, containing certain particulars. § 6. No passenger shall be received on board of any such vessel, unless at a place where a custom-house shall be established, or officers of the customs shall be stationed; and if any passengers shall be taken on board any such vessel at any other place, the person having charge of such vessel shall forfeit 5001., and such vessel shall be seized and detained by any officer of the customs until such penalty be paid, or such master or other person or the owner or owners of such vessel find bail for the same. § 7. No such vessel carrying 50 persons or upwards, including the crew, shall be cleared out, unless such vessel be provided with a surgeon, who shall produce to the officer required to give the clearance or sufferance a certificate of his having passed his examination at surgeons' hall in London, or at the royal college of surgeons of Edinburgh or Dublin. § 8. Every such surgeon shall have a medicine chest properly stored with medicines, in proportion to the number of persons on board such vessel, according to the assortment generally used for such voyages on board of his majesty's ships of war; and before any such vessel shall be allowed to be cleared out, such surgeon shall specify upon oath, before the collector or comptroller, or other chief officer of the customs, at the place from whence such vessel is to be cleared out, the contents of such medicine chest, and shall further make oath that the medicines are of good and proper quality, to the best of his knowledge and belief; which oath such collector, &c. is empowered to administer; and the affidavit of every such surgeon shall be preserved in the custom-house where the clearance or sufferance shall be granted: and the master or owner failing to provide a medicine chest of this description, and every such surgeon neglecting to make such oath, shall for feit 501. § 9. The bedding of every passenger on board shall be aired by exposure upon the deck, when the weather will permit, once a day during the voyage, and such vessel shall be fumigated with vinegar at least twice a week; and every such person having such charge or command shall forfeit 201. for each neglect in airing the bedding, or in fumigating the vessel. § 10. And no clearance or sufferance shall be granted, unless the shall be granted, person having charge thereof, and also the surgeon thereof, where and surgeon give a surgeon is by the act required, shall have given bond to his majesty, such bond to be taken by or left in the hands of the collector or comptroller, or other principal officer of the customs at the place from whence such vessel shall be cleared out, in the sum of 100l., with condition that such person having such charge as aforesaid, and such surgeon, shall severally keep a regular and true journal of the greatest number of persons which shall have been on board of such vessel at the time of her departure, and at any time during her voyage, and until her arrival at the port of her destination, and of the provisions and water on board, and the delivery of the daily allowances thereof in manner herein directed, 43 G. 3. c. 56. and of the airing of bedding, and fumigating the vessel, and of the deaths of any of the passengers or crew, and the cause thereof, during the voyage, from the vessel's first departure to her arrival port of arrival on return from the voyage, and shall swear to the truth thereof; and the officer at the port of destination; and such person having such charge, Master and surand such surgeon, shall deliver such journals to the collector or geon shall deliver other officer as aforesaid at the first port of the united kingdom the journals to where such vessel shall arrive from such port of destination, and the officer at the shall severally make oath to the truth of their respective journals, to the best of their knowledge and belief, before such collector or other officer as aforesaid, which oath he is required to administer; and such collector or other officer shall deliver to such master or other person as aforesaid, and to such surgeon respectively, copies shall deliver to of the oath of such master or other person, and such surgeon, and them copies of also of the said journals, which copies shall severally be attested their oaths and as true copies under the hand of such collector or other officer as journals, and aforesaid; and duplicates of the said copies, attested in like man- transmit dupliner, shall be transmitted by the said collector or other officer afore- missioners of the said, to the commissioners of his majesty's customs in London, customs. Edinburgh, or Dublin, respectively, according as such journal shall be delivered and such oath shall be made in England, Scotland, or Ireland; and such master or other person aforesaid, or surgeon, Penalty for acting contrary hereto, shall for every such offence severally for- neglect. feit 1001. cates to the com No master of any other than clearing out after July 1, 1803, shall have on a British vessel board more than one person for every five tons burthen, on pe § 11. It shall not be lawful for any master or other person taking or having the charge or command of any vessel, other than a British vessel, owned, navigated, and registered according to law, clearing out from any place in the united kingdom after the said 1st of July 1803, to take on board a greater number of persons, including the crew, than in the proportion of one person for every five tons of the burthen of such vessel; and every such vessel shall be taken to be of such tonnage as shall be ascertained by the oath of the person having the charge or command thereof, malty of 50l. for taken before the collector or other chief officer of the customs at each beyond that the port from whence such vessel shall be cleared out, who is re- proportion. quired to administer the same; and such collector or chief officer may muster the passengers and crew, and search and inspect every such vessel, and if more persons be found on board than in the proportion allowed, every such master or other person as aforesaid shall forfeit 501. for every person on board beyond the proportion herein allowed, one moiety to his majesty, and the Application of other half to such collector or other officer aforesaid, who is em- penalty. powered to seize and detain such ship or vessel until such petalties be paid. By 53 G. 3. c. 36. reciting, that whereas by 43 G. 3. c. 56. 53 G. 3. c. 36. Every ship or vessel other than a British ship or vessel, owned, navigated, and registered according to law, shall be deemed and taken to be of such tonnage or burthen as shall be ascertained by the oath of the master or other person having or taking the command thereof, taken before the collector or other chief officer of the customs at the port from whence such ship or vessel shall be cleared out; and that it is expedient to provide a further remedy for ascertaining the tonnage of any such ship or vessel; it is enacted, that if the collector or other chief officer of the customs at such port, shall have any doubt as to the tonnage of any such Vessels may be admeasured in case of doubt as 53 G. 3. c. 6. ship or vessel as sworn to by such master or other person, or shall be required by any person or persons having such doubt, he shall cause such ship or vessel to be admeasured in the manner in which a British ship is admeasured for the purpose of being registered, and upon being so admeasured, she shall be deemed to be of the tonnage or burthen ascertained by such admeasurement, notwithstanding the oath of any such master or other person. 43 G. 3. c. 56. Act not to extend to certain vessels. 53 G. 3. c. 36. Vessels in the service of the Hudson's Bay Company exempted, provided they shall not carry more than 20 passengers. If such vessels be intended to carry a greater number, a plan of the interior to be laid before His Majesty in council, &C. 43 G. 3. c. 56. Penalty on mas ters for relanding provisions or water; except a propor son be relanded. By 43 G. 3. c. 56. § 12. it is provided, that nothing therein contained shall extend to vessels in the service of his majesty, or of his majesty's postmaster-general, or of the customs and excise in Great Britain and Ireland, respectively, or of the East India Company. And by 53 G. 3. c. 36. § 2. nothing in the said recited act of 43 G. 3. c. 56. shall extend to any ship or vessel in the service of the governor and company of adventurers of England trading into Hudson's Bay, provided such ship or vessel shall not carry more than twenty passengers besides the crew; and if any such ship or vessel shall carry more than twenty passengers, provided a licence shall be granted by his majesty in council, in manner herein directed for such ship or vessel to carry more than twenty passengers, specifying the number and description of such passengers: Provided nevertheless, that it shall be lawful for any ship or vessel in the service of the said governor and company to sail without such licence, subject to the provisions of the said recited act, if the said governor and company shall think fit. § 3. And when it is intended that any such ship or vessel shall carry a greater number, the said governor and company shall lay before his majesty in council a plan of the interior of such ship or vessel, with a statement specifying the dimensions of that part of such ship or vessel which is to be allotted to the use of the passengers, and the manner in which it has been fitted up for their accommodation, as also the number and description of passengers to be received on board, and thereupon a licence shall be granted. Provided that such passengers, being full grown men, do not exceed the number of infantry usually conveyed in his majesty's transport service, for a similar voyage on board of a vessel possessing similar accommodations; or provided that such passengers, not being full grown men, are of such a description that the specified number of such passengers may be equally well accommodated in the space which would be required for such number of infantry as aforesaid. And by 43 G. 3. c. 56. § 13. if, after any such vessel shall have been cleared out, any person having the charge or command thereof shall unship, reland, or permit to be unshipped or relanded any provisions or water, such master or other person shall forfeit 2001. § 14. Provided that if any passenger, desirous not to proceed on tion if any per- such voyage, shall be relanded, or shall not proceed in the manner herein-before directed, then such master, or other person aforesaid, may unship or reland under the inspection of the officer of the customs at the place from whence such vessel shall be cleared out, a quantity of provisions and water not exceeding the proportion sufficient for the allowance of such passenger. Anabstract of this act to be § 15. And an abstract of this act shall be prepared by the direction of the commissioners of his majesty's customs in England, hung up in every Scotland, and Ireland respectively, and a copy thereof be hung Custom-house; up in the custom-house of every port of the united kingdom, and a 43 G. 3. c. 56. copy thereof, and a copy also of the said muster-roll shall be affixed and a copy to the most public place of every vessel carrying passengers under thereof, and of the regulations of this act; and the person having charge or command of such vessel shall cause the said copies to be renewed, so that the same may be at all times accessible to every person on board such vessel, upon pain of 201. for each offence. § 16. And all captains and officers commanding his majesty's ships of war or revenue cutters, who shall meet any such vessels at sea, shall call for the said muster-roll, and search such vessel; and if any more or other persons shall be found on board than are specified in such muster-roll, or if a quantity of provisions shall not be found on board sufficient to afford to each person the daily allowances herein directed during the remainder of the voyage, unless it shall appear that such vessel has been detained on her passage, after leaving the place at which the passengers embarked, beyond the time for which the quantity of provisions hereby required are directed to be provided; or if such allowances shall not have been dealt out in the preceding part of the voyage in manner herein directed, then such officers may seize and detain such vessel, until bail shall be given at the place to which such vessel may be carried by the order of such officers, who are empowered to put hands on board to take charge of her for that purpose; and if the state of such vessel and the provisions on board will permit, such officers may send back such vessel to the port from whence she was cleared out, or carry such vessel into such port as the state of the provisions on board, or the supply which such captains or officers can afford will permit. § 17. No such ship or vessel shall be cleared out unless the owner or person having the charge or command thereof shall have given bond to his majesty, such bond to be taken by and left in the hands of the collector or comptroller, or other proper officer of the customs in the place from whence such vessel shall be cleared out, in an amount equal to 201. for each passenger on board such vessel, with condition that such vessel is sea-worthy, and that every such passenger, if alive, shall be landed at the port or ports to which such passenger shall have contracted to be conveyed. the muster-roll, to be hung up in every vessel, on penalty of 201 Officers commanding ships of war or revenue for muster-roll and search ships, and if the provisions of this act complied with, may seize and send them to some port cutters shall call have not been No such vessel to be cleared out, unless bond be given that the vessel is sea worthy, and that the passengers shall be delivered tracted for. at the port con Penalty on offerances contrary ficers figning suf to this act. How penalties shall be paid and recovered. § 18. If any officers of the customs shall knowingly sign or give out any clearance or sufferance for any such vessel, contrary to the regulations of this act, he shall forfeit his employment, and 501. § 19. All sums of money, penalties, and forfeitures in this act mentioned shall be paid in lawful money of Great Britain, and any penalty or forfeiture inflicted by this act may be recovered in any of his majesty's courts of record at Westminster, in the name of his majesty's attorney-general, or in the name of any person or persons whatsoever, the person against whom judgment shall be given Double costs. shall pay double costs of suit; and every such action or suit shall Suits for penalbe brought within three years after the offence committed, and not ties may be afterwards; one moiety of every penalty to go to his majesty, and brought within the other moiety to the use of such person as shall first sue for three years. the same, after deducting the charges of prosecution from the Application of whole. penalties. $20. If any person taking any oath by this act authorized to be Penalty on pertakey shall commit wilful perjury, or if any person shall suborn any tion of perjury. jury, or suborna 43 G. 3. c. 56. Limitation of actions. General issue. Double costs. Act not to alter laws for restrictions or regula tions of artificers from going beyond the seas. Excise, what. person to take any oath by this act authorized to be taken, whereby such person shall commit wilful perjury, every such person shall incur the pains of wilful and corrupt perjury, or subornation of perjury. § 21. Any action or suit brought in pursuance of this act shall be commenced within three calendar months after the fact committed, and not afterwards, and shall be brought in the county or place where the cause of action shall arise, and not elsewhere, and the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if it shall appear to be so done, or if any such action or suit shall be brought after the time limited, or shall be brought in any other county, city, or place than as aforesaid, then the jury shall find for the defendant; and upon such verdict, or if the plaintiff become nonsuited, or discontinue, or a verdict pass against him, or upon demurrer judgment be given against him, the defendant may recover double costs, and have the like remedy for the same as any defendant hath for costs of suit in other Original institution of the excise in 1643,with the appointment of Commissioners. cases. § 22. Provided, that nothing in this act contained shall extend, alter, or affect any law now in force for the regulation of artificers and others from going from any part of the kingdom to parts beyond the seas, or to regulate the vessels conveying such artificers or other persons whatsoever, or the masters or commanders, or persons having the charge of such vessels. [The 43 G. 3. c.128. respects the importation of goods, the testimony of witnesses before the surveyor-general of the customs, and the sale to individuals of condemned vessels, forfeited under the custom and excise laws, but does not regard the duty of a justice. III. Of the Excise in general. [12 C. 2. c. 24. § 33. 45-48. 15 C. 2. c. 11. § 10. 16. 19. 22. § 27, 28.23 G. 3. c. 70. § 29-35.26 G. 3. c. 77. § 8.-28 G. 3. c. 37. § 15. 21.-32 G. 3. c. 10. §1, 2. 10. — 42 G. 3. c. 38. § 35. — 42 G. 3. c. 93. § 17, 18. 43 G. 3. c. 81. § 16.46 G. 3. c. 112.-49 G. 3. c. 81. §8.] The Excise is a tax laid upon the retailer or consumer of any commodity; it is called Excise from the Dutch word Accise, which signifies an assessment upon any commodity; others derive it from. the word Excisum as a part of the profit cut off from the whole. Gilb. Exch. 252. This was begun on the 11th of September (a) 1643, by the long parliament; and eight commissioners of excise were appointed, and they were to choose their own officers, viz. their register, collectors, clerks, and other subordinate officers. (a) Q. July 22d, 1643. Vide 2 Rapin's Hist. 497. Note 3. |