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sions in America and the said settlements, provided the master shall produce a certificate under the band of the Superintendent of those settlements that satisfactory proof has been made before him that such ship (describing the same) was built in the said settlements, and is wholly owned by British subjects: provided also, that the time of the clearance of such ship from the said settlements for every voyage shall be endorsed upon such certificate by such superintendent.
XVI. And be it enacted, that no ship shall be admitted to be a ship of any particular country, unless she be of the build of such country, or have been made prize of war to such country, or have been forfeited to such country under any law of the same made for the prevention of the Slave Trade, and condemned as such prize or forfeiture by a competent Court of such country, to be British-built (not having been a prize of war from British subjects to any other foreign country), nor unless she be navigated by a master who is a subject of such foreign country, and by a crew of whom threefourths at least are subjects of such country, nor unless she be wholly owned by subjects of such country usually residing therein, or under the dominion thereof: provided always, that the country of every ship shall be deemed to include all places which are under the same dominion as the place to which such ship belongs.
XVII. And be it enacted, that no person shall be qualified to be a master of a British ship or to be a British seaman within the meaning of this Act, except the natural-born subjects of Her Majesty, or persons naturalized by any Act of Parliament, or made denizens by letters of denization, or except persons who have become British subjects by virtue of conquest or cession of some newly-acquired country, and who shall have taken the oath of allegiance to Her Majesty, or the oath of fidelity required by the Treaty or capitulation by which such newly-acquired country came into Her Majesty's possession, or persons who shall have served on board any of Her Majesty's ships of war in time of war for the space of 3 years: provided always, that the natives of places within the limits of the East India Company's Charter, although under British dominion, shall not, upon the ground of being snch natives, be deemed to be British seamen : provided always, that every ship (except ships required to be wholly navigated by British seamen) which shall be navigated by one British seaman if a British ship, or one seaman of the country of such ship if a foreign ship, for every 20 tons of the burden of such ship, shall be deemed to be duly navigated, although the number of other seamen shall exceed one-fourth of the whole crew: provided also, that nothing herein contained shall extend to repeal or alter the provisions of an Act passed in the 4th year of the reign of His late Majesty King George IV (cap. 80), for consolidating and amending
the laws then in force with respect to trade from and to places within the limits of the East India Company's charter, nor the provisions of an Act passed in the session of Parliament holden in the 3rd and 4th years of Her present Majesty (cap. 56), intituled “An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's charter."
XVIII. Provided always, and be it enacted, that it shall be lawful for Her Majesty, by her royal proclamation during war, to declare that foreigners having served 2 years on board any of Her Majesty's ships of war in time of such war shall be British seamen within the meaning of this Act.
XIX. And be it enacted, that no British registered ship shall be suffered to depart any port in the United Kingdom, or any British possessions in any part of the world (whether with a cargo or in ballast), unless duly navigated : provided always, that any British ships trading between places in America may be navigated by British Negroes, and that ships trading eastward of the Cape of Good Hope, within the limits of the East India Company's charter, may be navigated by Lascars, or other natives of countries within those limits.
XX. And be it enacted, that if any British registered ship shall at any time have as part of the crew in any part of the world any foreign seamen not allowed by law, the master or owners of such ship shall for every such foreign seaman forfeit the sum of 10 pounds : provided always, that if a due proportion of British seamen cannot be procured in any foreign port, or in any place within the limits of the East India Company's charter, for the navigation of any British ship, or if such proportion be destroyed during the voyage by any unavoidable cir. cumstance, and the master of such ship shall produce a certificate of such facts under the hand of any British Consul, or of 2 known British merchants if there be no Consul at the place where such facts can be ascertained, or from the British Governor of any place within the limits of the East India Company's charter, or in the want of such certificate shall make proof of the truth of such facts to the satisfaction of the Collector and Comptroller of the Customs of any British port, or of any person authorized in any other part of the world to inquire into the navigation of such ship, the same shall be deemed to be duly navigated.
XXI. And be it enacted, that if Her Majesty shall at any time by her Royal Proclamation declare that the proportion of British seamen necessary to the due navigation of British ships shall be less that the proportion required by this Act, every British ship navigated with the proportion of British seamen required by such Proclamation shall be deemed to be duly navigated, so long as such Proclamation shall remain in force.
XXII. Provided always, and be it enacted, that goods of any sort, or the produce of any place, not otherwise prohibited than by the law of navigation herein before contained, may be imported into the United Kingdom from any place in a British ship, and from any place, not being a British possession, in a foreign ship of any country, and however navigated, to be warehoused for exportation only, under the provisions of any law in force for the time being made for the warehousing of goods without payment of duty upon the first entry thereof.
XXIII. And be it enacted, that it shall be lawful for Her Majesty from time to time, by any Order in Council, to declare that goods of any sort, or the produce of any place, not otherwise prohibited than by the law of navigation hereinbefore contained, may be imported into any port or ports of the British possessions abroad, to be named in such order, from any place, in a British ship, and from any place not being a part of the British dominions in a foreign ship of any country, and however navigated, to be warehoused for exportation only, under the provisions of any law in force for the time being, made for the warehousing of goods, without payment of duty upon the first entry thereof; and from and after the date of any such order it shall be lawful so to import, for the purpose of being warehoused for exportation only, any such goods into the port or ports named therein, according to the provisions of the said order, and until the revocation thereof; and any such Order in Council may from time to time be altered or revoked by Her Majesty by any subsequent Order in Council.
XXIV. And be it enacted, that if any gonds be imported, exported, or carried coastwise, contrary to the Law of Navigation, all such goods shall be forfeited, and the master of the ship in which the same are so imported, exported, or carried coastwise, shall forfeit the sum of 1001.
XXV. And be it enacted, that all penalties and forfeitures incurred under this Act shall be sued for, prosecuted, recovered, and disposed of, or shall be mitigated or restored, in like manner as any penalty or forfeiture can be sued for, prosecuted, recovered, and disposed of, or may be mitigated or restored under an Act passed in the present session of Parliament for the prevention of smuggling.
XXVI. And be it enacted, that this Act may be amended or repealed by any Act or Acts to be passed in this present session of Parliament.
ACT of the British Parliament, " for facilitating Execution
of the Treaties with France and the United States of America for the apprehension of certain Offenders.”
[8 & 9 Vict. cap. 120.]
[August 8, 1845.] WHEREAS 2 Acts were passed in the 7th year of the reign of Her Majesty [caps. 75, 76], severally intituled “ An Act for giving effect to a Convention between Her Majesty and the King of the French for the apprehension of certain Offenders, and an Act for giving effect to a Treaty between Her Majesty and the United States of America for the apprehension of certain Offenders;" and it is expedient to make provision for giving more immediate effect to the warrant of any Her Majesty's Principal Secretaries of State for the better execution of the said Convention and Treaty respectively: be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that any police magistrate of the metropolis to whom any one of Her Majesty's Principal Secretaries of State shall have signified by warrant under his hand and seal, that requisition has been made pursuant to the said Convention or Treaty respectively, to deliver up to justice, in terms of the said Convention or Treaty, as the case may be, any person accused of any crime rendering him liable to be so delivered up under either of the recited Acts, shall, upon such evidence as according to the laws of England would justify the apprehension of the person so accused if the crime of which he is accused had been committed in England within the jurisdiction of such magistrate, issue his warrant for the apprehension of such person, in the form annexed to this Act, or to the like effect; and such warrant may be executed in any part of England, and shall have the same force and effect throughout England as if the same had been originally issued or subsequently endorsed by a justice of the peace or magistrate having jurisdiction in the place where the same shall be executed, and may be lawfully executed anywhere within England by the constable or constables to whom the same shall be directed, or who shall be appointed to execute the same, who shall severally have all the powers and privi. leges for the execution of such warrant as any constable duly appointed hath or may have within his constablewick.
II. And be it enacted, that every person who shall be apprehended under any such warrant shall be brought with all convenient speed before the magistrate by whom such warrant shall have been issued or some other magistrate of the same police court, and that such magistrate may cause the warrant of committal of such person to be drawn up according to the form giren in the schedule annexed to this Act, or to the like effect, which shall be good and sufficient in law to warrant the persons to whom the same shall be directed to detain such person in custody, as directed in the said warrant, until delivered pursuant to the Act under which he shall have been apprehended.
III. And be it enacted, that this Act shall be construed with each of the said Acts separately, and as if this Act had been enacted in each of the said Acts.
IV. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this Session of Parliament.
Metropolitano Police District,}
SCHEDULE to which this Act refers.
To all and each of the Constables of
the Metropolitan Police Force. WHEREAS the Right Honourable one of Her Majesty's Principal Secretaries of State, by Warrant, under his hand and scal, hath signified to me, that pursuant to the [Convention made between Her Majesty and the King of the French in the year 1843, or the Treaty made between Her Majesty and the United States of America in the year 1842, as the case may be), for the apprehension of certain offenders, requisition hath been duly made to him for delivering up to justice, A.B., late of who is charged with having committed the crime of [here specify the offence), within the jurisdiction of [His Majesty the King of the French, or the United States of America, as the case may be] :
This is therefore to command you, in Her Majesty's name, forthwith to apprehend the said A.B. pursuant to an Act passed in the 9th year of the reign of Her Majesty, intituled (here insert the title of this Act], whererer he may be found in England, and bring him before me, or some other magistrate sitting in this Court, to answer unto the said charge, for which this shall be your warrant.
Given under my hand and seal at the Police Courts of the metropolis, this in the year of our Lord
(L.S.) J. P.
Warrant of Commital.
in the year of our Lord
A.B., late of is brought before me, J.P., one of the Police Magistrates of the metropolis, sitting at the Police Court in