shall be kept by the Master of such Ship as the Clearance OUTWARDS, of the same. Clearance of Part of former LXXVI. AND be it further enacted, That if there be on board any Ship any Goods of the Inward Cargo which Cargo reported were reported for Exportation in the same, the Master for Exportation. shall, before Clearance Outwards of such Ship from any Port in the United Kingdom, or in the Isle of Man, deliver to the Searcher a Copy of the Report Inwards of such Goods, certified by the Collector and Controller; ance. AND such Copy, being found to correspond with the Copy of Report Goods so remaining on board, shall be the Authority to to be the Clearthe Searcher to pass such Ship with such Goods on board; - and being signed by the Searcher, and filed with the Cockets (1), shall be the Clearance of the Ship for those Goods. gage in his deemed to be in LXXVII. AND be it further enacted, That if any If any PassenPassengers are to depart in any Ship from the United gers, Master Kingdom, or from the Isle of Man, for Parts beyond the may enter BagSeas, it shall be lawful for the Master of such Ship to pass Name. an Entry and to receive a Cocket in his Name for the necessary personal Baggage of all such Passengers, and duly to clear such Baggage for Shipment in their Behalf, stating in such Clearances the Particulars of the Packages, and the Names of the respective Passengers; — and if such Ship with BagShip is to take no other Goods than the necessary personal gage only Baggage of Passengers actually going the Voyage, it shall be lawful for such Master to enter such Ship Outwards in Ballast for Passengers only; and if no other Goods than such Baggage, duly entered and cleared, be taken on board such Ship, the same shall be deemed to be a Ship in Ballast, notwithstanding such Baggage, and shall be described in the Clearance, on the Content, and on the Label to the Cocket or Cockets, and on the Victualling Bill, and in the Book of Ships' Entries, as a Ship-cleared in Ballast, except as to the necessary personal Baggage of Passengers going the Voyage. Ballast. LXXVIII. AND be it further enacted, That if the In Ballast. Master and Crew of any Foreign Ship which is to depart in Ballast from the United Kingdom for Parts beyond the (1) (If any), see § 73; if there be no Cockets, such Copy will alone be the Clearance for the Goods. Clearance of Master may Self and Crew. 101. Mate, 51. Crew. OUTWARDS. Seas, shall be desirous to take on board Chalk Rubbish by way of Ballast, to take with them for their private Use any small Quantities of Goods of British Manufacture, it shall be lawful for such Master, without entering such Ship Outwards, to pass an Entry in his Name, and receive a Cocket free of any Export Duty for all such Goods, under the general Denomination of British Manufactures not prohibited to be exported, being for the Use and Privilege of the Master and Crew, and not being of greater Value than in the Proportion of Twenty Pounds for the Master, and Ten Pounds for the Mate, and Five Pounds for each of the Crew, and stating that the Ship Master to clear is in Ballast; and the Master shall duly clear such Goods the Goods. for Shipment in behalf of himself and Crew, stating in such Clearances the Particulars of the Goods and Packages,and the Names of the Crew who shall jointly or severally take any of such Goods under this Privilege; -- and such Ship shall be deemed to be a Ship in Ballast, and be cleared as such, and without a Content, notwithstanding such Goods, or such Cocket or Cockets; AND such Clearance shall be notified by the Collector or Controller on the Label to the Cocket or Cockets, and on the Victualling Bill, and in the Book of Ships' Entries, as a Clearance in Ballast, except as to the Privilege of the Master and Crew. Ship to be deemed in Ballast. Officers may board any Ship after Clearance. Goods not on Cockets forfeited. - or LXXIX. AND be it further enacted, That it shall be lawful for the Officers of the Customs to go on board any Ship after Clearance Outwards, within the Limits of any Port in the United Kingdom or in the Isle of Man,· within Four Leagues of the Coast thereof, and to demand the File of Cockets (1), and the Victualling Bill; - AND if there be any Goods or Stores on board not contained in the Endorsements on the Cockets, nor in the Victualling Bill, such Goods or Stores shall be forfeited; AND if any Goods contained in such Endorsements Cockets and not be not on board, the Master shall forfeit the Sum of Twenty Pounds for every Package or Parcel of Goods contained in such Endorsements and not on board; any Cocket be at any Time falsified, the Person who shall have falsified the same, or who shall have wilfully used the same, shall forfeit the Sum of One hundred Pounds. Goods on on board. Penalty. Cockets falsified. Penalty. AND if (1) See § 73 and 74. LXXX. And be it further enacted, That every Ship OUTWARDS. departing from any Port in the United Kingdom, or in Clearance of the Isle of Man, shall bring to at such Stations within Ship. to at Stations. the Port as shall be appointed by the Commissioners of His Majesty's Customs for the Landing of Officers from Ships to bring such Ships, or for further Examination previous to such Departure. (1) Debenture Entry in Name of real Owner; LXXXI. AND be it further enacted, That no Drawback (2) or Bounty (3) shall be allowed upon the Exportation from the United Kingdon of any Goods, unless such Goods shall have been entered in the Name of the Person who was the real Owner thereof at the Time of Entry and Shipping, or of the Person who had actually purchased or of the Comand shipped the same, in his own Name and at his own Liability and Risk, on Commission, according to the Practice of Merchants, and who was and shall have continued to be entitled in his own Right to such Drawback or Bounty, except in the Cases (4) herein-after provided for. LXXXII. AND be it further enacted, That such Owner or Commission Merchant shall make Oath upon the Debenture that the Goods mentioned therein have been ac tually exported, and have not been relanded, and are not intended to be relanded in any Part of the United Kingdom, nor in the Isle of Man, (unless entered for the Isle (5) of Man), nor in the Islands of Faro or Ferro,and that he was the real Owner thereof at the Time of Entry and Shipping, or that he had purchased and shipped the said Goods in his own Name, and at his own Liability and Risk, on Commission, as the Case may be, and that he was and continued to be entitled to the Drawback or mission Mer chant. Oath to Exportation, and to Property, and to Right to Drawback or Bounty. Person entitled Bounty thereon in his own Right:- PROVIDED If Drawback, always, that if such Owner or Merchant shall not have pur- &c be not purchased the Right to such Drawback or Bounty, he shall chased, Name of declare under his Hand upon the Entry, and in his Oath upon the Debenture, the Person who is entitled thereto; and the Name of such Person shall be stated in the Cocket, and in the Debenture; and the Receipt of (1) For delivering Clearance, § 74. Penalty for not bringing to, § 131. (2) See Table, Cap. 111. (3) See Table, Cap 113. (4) Owner not resident within 20 Miles, § 83; Joint Stock Companies, ibid. Consignee of Goods from Abroad, § 84. to be declared. OUTWARDS. Such Person on the Debenture shall be the Discharge for such Drawback or Bounty. Debenture. Agent may pass ceive Drawback, and make the Oath and an LXXXIII. AND be it further enacted, That if such Owner or Merchant shall be resident in some Part of the United Kingdom, being more than Twenty Miles from the Custom House of the Port of Shipment, he may appoint swer Questions any Person to be his Agent to make and his pass Entry, for Owner not resident. Joint Stock Property of Persons Abroad consigned here to an Agent, and exported by him on Account of Owner. Shipment within Three Years, and Payment within Two Years. and to clear and ship his Goods, and to receive for him the Drawback or Bounty payable on his Debenture, if payable to him, — provided the Name of such Agent and the Residence of such Owner or Merchant be subjoined to the Name of such Owner or Merchant in the Entry and in the Cocket for such Goods; AND such Agent being duly informed shall make Declaration (1) upon the Entry, if any be necessary, and shall also make Oath (2) upon the Debenture, in behalf of such Owner or Merchant, to the Effect before required of such Owner or Merchant,and shall answer upon Oath such Questions, touching his Knowledge of the Exportation of such Goods and the Property therein, and of the Right to the Drawback or Bounty, as shall be demanded of him by the Collector or Controller; and if any such Goods be exported by any Corporation or Company trading by a Joint Stock, it shall be lawful for them to appoint any Person to be their Agent for the like Purposes, and with the like Powers to act in their Behalf. LXXXIV. And be it further enacted, That if any Goods which are to be exported for Drawback be the Property of any Person residing Abroad, having been consigned by the Owner thereof to some Person as hisAgent residing in the United Kingdom, to be exported through the same to Parts beyond the Seas, by such Agent, upon Account of such Owner, it shall be lawful for such Person, (being the Consignee by whom and in whose Name the Duties inwards on such Goods had been paid, or his legal Representative), in like Manner, -as Agent for such Owner, to enter, clear, and ship such Goods for him, and upon like Conditions to receive for him the Drawback payable thereon. LXXXV. AND be it further enacted, That no Drawback shall be allowed upon the Exportation of any Goods, Debenture Goods. unless such Goods be shipped within Three Years after OUTWARDS. the Payment of the Duties inwards thereon ;-and that no Debenture for any Drawback or Bounty allowed upon the Exportation of any Goods, shall be paid after the Expiration of Two Years from the Date of the Shipment of such Goods; and that no Drawback shall be allowed Damaged upon any Goods which, by reason of Damage or Decay, Goods no Drawshall have become of less Value for Home Use than the back. Amount of such Drawback; - and all Goods so damaged which shall be cleared (1) for any Drawback shall be for- Forfeiture. feited; and the Person who caused such Goods to be so cleared shall forfeit the Sum of Two hundred Pounds, Penalty. - ture. LXXXVI. AND be it further enacted, That for the Issuing and Purpose of computing and paying any Drawback or Bounty passing Debenpayable upon any Goods duly entered, shipped, and exported, a Debenture (2) shall, in due Time after such Entry, be prepared by the Collector and Controller, certifying in the first Instance the Entry Outwards of such Goods; - and so soon as the same shall have been duly exported, and a Notice containing the Particulars of the Goods shall have been delivered by the Exporter to the Searcher, the Shipment and Exportation thereof shall be certified to the Collector and Controller, upon such Debenture, by the Searcher; and the Debenture shall thereupon be computed and passed with all convenient Dispatch, and be delivered to the Person entitled to receive the same. (3) - Certificate of Landing. LXXXVII. AND be it further enacted, That no Guernsey, &c. Drawback or Bounty shall be allowed for any Goods exported from the United Kingdom to Guernsey, Jersey, Alderney, Sark, or the Isle of Man, until a Certificate shall be produced from the Collector and Controller of the Customs of the Isle of Man, or from the Register of Certificates or other Chief Officer of the Customs in Guernsey, Jersey, Alderney, or Sark, of the due Landing of such Goods. (1) See clearing Goods for Drawback, § 64. (2) In London, payable by Receiver General. —at Outports, by Collector, see Cap. 106. § 15 and 23. |