Importer re fusing to pay to be sold, &c. duties, articles X. And be it further enacted, That, if the importer or proprietor of such articles shall refuse to pay the duties hereby imposed thereon, it shall and may be lawful for the Collector, or other chief officer of the customs, where such articles shall be imported. and he is hereby respectively required to take and secure the same, with the casks or other package thereof, and to cause the same to be publicly sold, within the space of twenty days, at the most, after such refusal made, and at such time and place as such officer shall, by four or more days' public notice, appoint for that purpose, which articles shall be sold to Application of the best bidder; and the money arising by the sale thereproduce. of shall be applied, in the first place, in payment of the said duties, together with the charges that shall have been occasioned by the said sale; and the overplus, if any, shall be paid to such importer or proprietor, or any other person authorized to receive the same. Foreign arti tion direct from U. K. XI. And be it further enacted, That, whenever any foreign article is liable to duty by this act, on the imporwith duty on tation thereof into any of his Majesty's Colonies, Planimportation from place of tations, or Islands, in America, or the West Indies, ungrowth, to pay der the provisions of this act, the like duty shall be pay as on importa- able upon any such foreign article when imported into any such Colonies, Plantations, or Islands, direct from † Sic. any part of the United Kingdom of Great Britain and Duties not pay- Ireland; and such duty shall be raised, levied, collected, liable to equal and paid, in such and the like manner, and be appropriated Colonial duty. and applied to such and the like uses, as the duty payable upon the like article imported from any other place under the provisions of this act, is by this act directed to be raised and applied. If Colonial duty XII. Provided always, and be it further enacted, That less, difference if, upon the importation of any article charged with duty only paid. by this act, the said article shall also be liable to the payment of duty under the authority of any Colonial law, equal to, or exceeding in amount, the duty charged by this act, then, and in such case, the duty charged upon such article by this act, shall not be demanded or paid upon the importation of such article: Provided, also, that if the duty payable under such Colonial law shall be less in amount than the duty payable by this act, then, and in such case, the difference only in the amount of the duty payable by this act, and the duty payable under the authority of such Colonial law, shall be deemed to be the duty payable by this act; and the same shall be collected and paid in such and the like manner, and appropriated and applied to such and the like uses, as the duties specified in the said schedule annexed to this act, marked (C.), are directed to be collected, paid, appropriated, and applied. at a certain XIII. And be it further enacted, That all sums of Duties to be money granted and imposed by this act as duties, shall sterling money be deemed and are hereby declared to be, sterling money rate. of Great Britain, and shall be collected, recovered, and paid, to the amount of the value which such nominal sums bear in Great Britain; and that such moneys may be received and taken according to the proportion and value of five shillings and six pence the ounce in silver. XIV. And be it further enacted, That any article enu- Articles in merated in the schedule (B.), legally imported as afore- schedule (B.) said under the authority of this act, shall be allowed to be may be exported to any other exported in any British ship or vessel. owned and navi- British Colony, gated according to law, to any other British Island, Co- or to U. K. lony, or Plantation, in America or the West Indies, provided that, upon the importation thereof into any such other British Island, Colony, or Plantation, proof shall be produced that the said dutics due to his Majesty have been first paid in the Colony or Plantation into which the said articles shall have been first imported; and any article, so imported in any ship or vessel as aforesaid, shall be allowed to be exported to any part of the United Kingdom of Great Britain and Ireland, under the rules, regulations, restrictions, securities, penalties, and forfeitures, particularly mentioned and provided in an act of Parlia- 12 Car. 2. c. 18. ment made in the twelfth year of the reign of King Charles the Second, entitled "An act for the encouraging and increasing of shipping and navigation ;" and in another 22 & 23 Car. 2. act of Parliament, made in the twenty-second and twenty- c. 26. third years of the reign of King Charles the Second, entitled "An act to prevent the planting of tobacco in Eng land, and for regulating the Plantation trade ;" and in 20 G. 3. c. 10. another act of Parliament, made in the twentieth year of his late Majesty's reign, entitled "An art to allow the trade between Ireland and the British Colonies in America and the West Indies, and the British settlements on the coast of Africa, to be carried on in like manner as it is now carried on between Great Britain and the said Colonies and Settlements," or in any of the said acts, with respect to the goods, wares, or merchandise, therein enumerated or described. 66 “XV. And whereas it is the intention and meaning of this act, that the privileges hereby granted to foreign ships and vessels, shall be confined to the ships and vessels of such countries only as give the like privileges to British ships and vessels in their ports in America and the His Majesty West Indies" Be it, therefore, enacted, That it shall be may prohibit intercourse try where it shall appear that the privileges granted foreign vessels are not allowed to British vessels trading with such country, &c. by this act to lawful for his Majesty, his heirs and successors, by order with any coun- in Council, from time to time, when and as often as the same shall be judged expedient, to prohibit trade and intercourse under the authority of this act, with any Country or Island in America or the West Indies, if it shall appear to his Majesty that the privileges granted by this act to foreign ships and vessels, are not allowed to British ships and vessels trading to and from any such Country or Island, under the provisions of this act; and in case such order of his Majesty in Council shall be issued, then, during the time that such order in Council shall be in force, none of the provisions of this act, either as respects the laws herein repealed, or to any other provisions of this act, shall apply, or be taken to apply to any Country or State, the trade with which, under the provisions of this act, shall be prohibited by any such order of his Majesty in Council; and if any goods, whatever, shall be imported from, or shipped for the purpose of being exported to, any such Country or Island in America or the West Indies, in any foreign ship or vessel, after trade and intercourse therewith shall have been prohibited by any such order of his Majesty in Council, issued under the authority of this act, all such goods, together with the ship or vessel in which the same shall have been imported, or in which the same shall have been shipped for the purpose of being exported as aforesaid, shall be forfeited, with all her guns, furniture, ammunition, tackle, and apSeizure made parel; and, in every such case, the same shall and may be seized by any officer of his Majesty's customs or navy, authorized or empowered to make seizures in cases of forfeiture, and shall and may be prosecuted in manner as hereinafter directed. in what case. His Majesty may extend this act to other schedules. XVI. And be it further enacted, That, if his Majesty shall deem it expedient to extend the provisions of this ports than those act to any port or ports not enumerated in the schedule enumerated in marked (A.), it shall be lawful for his Majesty, by order in Council, to extend the provisions of this act to such port or ports; and from and after the day mentioned in such order in Council, all the privileges and advantages of this act, and all the provisions, penalties and forfeitures, therein contained, shall extend, and be deemed and construed to extend, to any such port or ports respectively, as fully as if the same had becen inserted and enumerated in the said schedule, at the time of passing this act XVII. And be it further enacted, That no articles, exas cept such as are enumerated in the schedule marked (B.), shall be imported in any such British built ship or vessel, or in any such foreign ship or vessel, or in any British No articles, except such are in schedule (B.) to be imported. built ship or vessel, so sold as aforesaid, from any foreign XVIII. And be it further enacted, That no articles No articles to whatever shall be imported or exported, either in a Bri- be imported or tish built ship or vessel, or in any such foreign ship or exported, exvessel as aforesaid, from or to any foreign Country on the cept from or to ports mentioncontinent of North or South America, or from or to any ed in schedule foreign Island in the West Indies, into or from any port (A.) of any British Colony, Plantation, or Island, in America or the West Indies, not enumerated in the schedule annexed to this act marked (A.) on any pretence whatever. on forfeiture of such articles, as also the ship or vessel in which the same shall be imported, with all her guns, furniture, ammunition, tackle, and apparel. XIX. Provided always, and be it further enacted, Proviso for That nothing in this act contained shall affect or be con- right of export strued to affect the right which British subjects or others ing in British ships, produce may enjoy under any law in force at the passing of this of fisheries. act, of exporting in British ships from ports not enumerated in the said schedule marked (A.), the produce of the fisheries carried on from any of his Majesty's said Colonies, Plantations, or Islands. XX. And be it further enacted, That all penalties and How penalties forfeitures imposed by this act, shall and may be respec- and forfeitures tively prosecuted, sued for, and recovered, and divided recovered. in Great Britain, Guernsey, Jersey, or the Isle of Man, or in any of his Majesty's Colonies or Islands in America, in the same manner and form, and by the same rules and regulations, in all respects, in so far as the same are applicable, as any other penalties and forfeitures imposed by any act or acts of Parliament, made for the security of the revenue of the customs, or for the regulation or improvement thereof, or for the regulation of trade or navigation, and which were in force immediately before the passing of this act, may be respectively prosecuted, |