CHAPTER III. THE EUROPEAN TRADE. PART III. PEACE 1783, THE only provifions made during this last period that can properly be claffed TO A. D. 1792. under the head of regulations refpecting EUROPEAN TRADE. the European Trade, are in a claufe in ftat. 27. Geo. 3. c. 13. and another in ftat. Geo. 3. c. 19. 27. THE first of these was for carrying into execution the commercial treaty with France. Two of the articles that were the objects of that treaty were wine and olive-oil, both which were, by the Act of Frauds, ftat. 13. & 14. Car. 2. c. 11. prohibited to be imported from the Netherlands. This ftood in the way of the adjustment now made by the treaty; and to remove this obftacle it was enacted (a), that French wines might be imported in cafks from any place in the (a) Sect. zz. European European dominions of the French king, in fuch manner, and under fuch regulations, as they might then by law be imported from France; and alfo French wines in bottles or flafks, as well for fale as for private use, in the fame manner, and under fuch regulations, as they might then be imported from France for private ufe: and alfo, that oliveoil the product or manufacture of France, or of any place in the European dominions of the French king, may be imported from any part of the Netherlands belonging to, or under the dominion of, the French king, in British-built fhips or veffels owned, navigated, and registered according to the laws in force on or before 10 May 1787, or in French-built fhips or vessels owned by, and belonging wholly to, the fubjects of the French king, and whereof the mafter and three-fourths of the mariners at the least are the fubjects of the French king. This regulation expires with the treaty in the year 1900. THE last of these clauses (a) was made in order to do away the injury which the Navigation Act fuffered from the provision lately made by stat. 22. Geo. 3. c. 78. in favour of (a) In ftat: 27. Geo. 3. c. 19. foreign PART III. L PEACE 1783, EUROPEAN PART III. PEACE 1783, EUROPEAN TRADE. foreign fhipping. Under that act, foreign fhipping were qualified to import the articles enumerated and defcribed in the eighth fection of the Act of Navigation, if they were of the built, or belonged to any other country than that of their growth or production, provided it was a country under the fame fovereign. This made an opening that gave offence to the jealous defenders of the policy of the Navigation Act; and it was accordingly meant to be repealed, without its being fo exprefsly declared, by the following provifion; namely, that the goods or commodities fo enumerated or defcribed in the Act of Navigation, being of the growth, production, or manufacture of Europe, may be imported into Great Britain, under the regulations of that act, and of stat. 13. & 14. Car. 2. c. 11. and ftat. 6. Geo. 1. c. 15. either in fhips which before 1 May 1786 truly and without fraud wholly belonged to his majefty's dominions, or which are of the built of his majesty's dominions, and registered according to law, or in fhips the built of any country or place in Europe belonging to, or under the dominion of, the fovereign or ftate in Europe of which fuch goods or commodities are the growth, production, or manufacture, or of fuch ports where PART III. TO A. D. 1793. where those goods can only be, or moft By this act, the ships are required to be of a certain built, as by the old law, but the built need not be of the very country of production, only of fome country under the fame fovereign; which latter point so far agrees with the liberality of the ftatute meant to be otherwise corrected by this; and by the wording of this part it applies alfo to countries circumftanced like thofe that were not under the fame fovereign at the time when the Act of Navigation. was paffed. Ir was intended by this act to restore the law to the ftate it was in under the eighth section of the Act of Navigation, as altered by the prohibitory clause in stat. 13. & 14. Car. 2. c. 11. and ftat. 6. Geo. 1. c. 15. But the penning of this act seems to do more. Thus, under the words of this act, currants and Turkey commodities, (a) Sect. 10. EUROPEAN TRADE. PEACE 1783, EUROPEAN TRADE. PART II. being the growth, production, or manufacture of Europe, may be imported either TO A. D. 1792. in fhips belonging to, or ships built in, Great Britain, or in fhips of the country; but by the eighth fection they may not be imported but in British-built fhips, or fhips of the country. It was not, however, intended, that the permiffion under this act should go further than the permiffion under the eighth fection; and it is expressly provided, that this permiffion fhould be exercised under the regulations of that and the other two acts beforementioned. The conftruction has accordingly been, that where Britishbuilt ships are required by the eighth fection, they must still be employed under this act. In like manner, the permiffion here given is not to be conftrued to take away the prohibitory clause in ftat. 13. & 14. Car. 2. nor is the faving in ftat. 6. Geo. 1. which takes off part of that prohibition, to be extended beyond the limitations annexed to it, which require the goods imported to belong to the king's fubjects, and the importation to be in British-built fhips(a). (a) Vid. ant. 204. 208. CHAPTER |