pro Surgeon. om, unless such Ship shall be provided with a Surgeon, who is unless with a > continue during the whole of the Voyage, and who shall uce, to the Officer of the Customs at the Port where the Ship to be cleared, a Certificate of his having passed his Ex- Certificate. ' nination at Surgeons' Hall in London, or at the Royal Colge of Surgeons of Edinburgh or Dublin, or before the Medical aculty of the University of Glasgow. provided with Medicine Chest, &c. XIII. And be it further enacted, That every such Surgeon Surgeon to be all have a Medicine Chest properly stored with Medicines, in oportion to the Number of Persons on board such Ship, of the ind and according to the Assortment generally used and ade for the like Voyages on board of His Majesty's Ships War; and before any such Ship shall be allowed to be cleared it, such Surgeon shall specify upon Oath, before the Collector Comptroller of the Customs at the Port from whence such hip is to be cleared out, the Contents of such Medicine Chest; ad shall further make Oath, that the Medicines are of good and roper Quality, and of the Assortment generally used and made or the like Voyages on board of His Majesty's Ships of War, the best of his Knowledge and Belief, and that he is engaged, nd does intend to go the Voyage as Surgeon on board such hip; and the Affidavit of every such Surgeon shall be deosited and preserved in the Custom House where the Clearance Oath of Quality of Medicine. f such Ship shall be granted; and the Owner or Master of Master not very such Ship failing to provide a Surgeon so qualified, and providing a Medicine Chest properly stored as aforesaid, shall forfeit and Surgeon, &c. ay the Sum of Twenty Pounds for every Person on board, Penalty. ncluding the Master and Crew. sengers to be XIV. And Whereas it is expedient that some certain Mark British Vessels should be placed on certain British Ships or Vessels carrying carrying PasPassengers, that they may at all Times be known at Sea by marked with His Majesty's 's Ships and Vessels of War or Revenue;' Be ita P. herefore enacted, That the Letter P. shall be painted in White t least Three Feet in Length, and of proportionate Width, on he Quarters of every British Ship carrying Passengers as aforeaid, and having more Persons on board, including the Master ind Crew, computed as aforesaid, than One for every Five Tons Burthen of such Ship, under the Penalty of the Forfeiture of Penalty: One hundred Pounds by the Master of such Ship on Failure of aving such Mark. act. XV. And be it further enacted, That all Captains and Officers Officers of the commanding His Majesty's Ships of War or Revenue Vessels, Navy, &c. may who shall meet any such British Ship at Sea, and the Collectors and Comptrollers of His Majesty's Customs at any Port in the United Kingdom, or in the British Possessions, and the Governors and Lieutenant Governors at any such Possessions, and His Majesty's Consuls at any Foreign Port, shall and may, and they are Licence. hereby empowered and required to call upon the Master refusing Master of any such Ship to produce the Licence granted by the to produce Commissioners of His Majesty's Customs, for the Purpose of Inspection and Examination, and to ascertain whether the Regulations of this Act have been duly complied with; and in case Penalty. the Master of any such Ship shall refuse or fail to produce the said Licence he shall forfeit the Sum of Two hundred Pounds. 3 P 2 XVI. Pro Proviso for Vessels in Ser vice of His Majesty, &c. Proviso as to Vessels carry. ing Passengers from Ireland to British Posses sions in North America. Limitation of board Foreign Vessels. XVI. Provided always, and be it enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to Ships in the Service of His Majesty, or of His Majesty's Postmaster General, or of the East India Company, or to any Ship bound to the Fisheries at Newfoundland, or on the Coast of Labrador. XVII. Provided always, and be it further enacted, That it shall be lawful for the Commissioners of His Majesty's Treasury, or any Three or more of them, by any Order or Direction to be issued by them from time to time for that Purpose, to exempt from the Operation of this Act, or of any of the Provisions herein contained, any Ship or Vessel carrying Passengers from Irland to the British Possessions in North America; and that any such Ship or Vessel so exempted by any such Order or Direction, and complying with the Conditions of the same, shall not be subject to any of the Conditions and Forfeitures imposed by this Act touching any of the Matters to which any such Order or Direction shall apply. XVIII. And be it further enacted, That no Foreign Ship, Passengers on carrying any Passenger or Passengers, shall sail from any Port or Place in the United Kingdom to or for any Port or Place out of Europe, and not being within the Streights of Gibraltar, with more Persons on board, including the Master and Crew, than One for every Five Tons Burthen of such Ship, (unless special Permission shall be given for that Purpose by the Commissioners of His Majesty's Customs,) under Penalty of Fifty Pounds for every Person exceeding such Proportion to be paid by the Master of such Ship or Vessel. Penalty. Regulations for extend to cer tain Foreign XIX. Provided always, and be it further enacted, That during British Ships to the Continuance of any Convention of Commerce and Navigation between His Majesty and any Foreign State, whereby the Pri vileges of British Ships shall be conceded to the Ships of such Foreign State, so much of this Act as relates to British Ships shall extend and be construed to extend to Ships belonging to such States during the Existence of such Convention, and Ships. Recovery of Double Costs. Limitation of such Actions. carrying more Passengers than other Foreign Ships are by this Act permitted to carry. XX. And be it further enacted, That all Sums of Money, Penalties and Forfeitures in this Act mentioned and contained, shall be calculated and paid and payable within Great Britain and Ireland in lawful Money of Great Britain; and that any Penalty and recovered by Action of Debt, Bill, Plaint or Information in or Forfeiture inflicted by this Act may be prosecuted, sued for, any of His Majesty's Courts of Record at Westminster or Dublin, or in the Court of Exchequer, or in the Court of Session in Scotland, in the Name of His Majesty's Attorney General for respectively, or in the Name of any Person or Persons whatEngland or Ireland, or His Majesty's Advocate for Scotland Wager of Law, soever, wherein no Essoign, Protection, Privilege, or more than One Imparlance shall be allowed; and in every Action or Suit the Person against whom Judgment shall be given brought at any Time within Three Years after the Offence comCosts of Suit; and every such Action or Suit shall and may be for any Penalty or Double Forfeiture under this Act, shall pay mitted. Trial Limitation of Actions for executing Act. General Issue. itted, and not afterwards; and one Moiety of every Penalty be recovered by virtue of this Act shall go and be applied to lis Majesty, His Heirs and Successors, and the other Moiety › the Use of such Person or Persons as shall first sue for the me, after deducting Charges of Prosecution from the whole. XXI. And be it further enacted, That if any Action or Suit all be brought or commenced against any Person or Persons for y Thing done in pursuance of this Act, the Defendant or efendants in such Action or Suit may plead the General Issue, id give this Act and the special Matter in Evidence at any be had thereupon, and that the same was done in pursuance d by the Authority of this Act; and if it shall appear to be so one, then and in every such Case the Jury shall find for the efendant or Defendants; and upon such Verdict, or if the laintiff or Plaintiffs shall become nonsuited, or discontinue his, er or their Action, or if a Verdict shall pass against the Plaintiff r Plaintiffs, or upon Demurrer Judgment shall be given against ich Plaintiff or Plaintiffs, the Defendant or Defendants shall and ay recover Double Costs, and have the like Remedy for the Double Costs. ame as any Defendant or Defendants hath or have for Costs of uit in any other Cases by Law. CA P. CXVII. An Act to repeal the Excise Duties and Drawbacks on Flint 6 WHER HEREAS by an Act passed in the Fifty first Year of 51 G.3. c.69. the Reign of His late Majesty King George the Third, for repealing the Duty on the Materials used in making Flint and Phial Glass, and for granting, until the First Day of August One thousand eight hundred and twelve, other Duties in lieu thereof, and for continuing and amending an Act passed in the Forty inth Year of His Majesty's Reign, intituled An Act for repealing the Duties on the Materials used in making Spread Window Glass and Crown Glass, and for granting other Duties in lieu thereof, and for the better Collection of the said Duties,' (a) certain Rates and Duties of Excise are made chargeable on Flint Glass and Phial Glass respectively, made in Great Britain, and certain countervailing Duties are also made chargeable on all such Glass as aforesaid made in Ireland, and imported from thence into Great Britain, and the said Duties have been continued by 6 6 subsequent Acts until the Tenth Day of October One thousand eight hundred and twenty seven; and by an Act passed in the 52 G.3. c.94. Fifty second Year of the Reign of His late Majesty King George the Third, for granting to His Majesty additional Duties of Excise in Great Britain, on Glass, Hides, and Tobacco and Sch. A.& B. Snuff, a certain additional Duty of Excise is made chargeable (a) [49 G.3. c. 63.] 55 G.S. c.113. § 2. Duties and Drawbacks payable under recited Acts to cease; and 51 G.3. c.69. § 6. and 59 G.3. c. 104. § 2 to 5. repealed. Exceptions. Proviso for 51 G.3. c.69. § 5 to 8. upon Flint Glass and Phial Glass respectively, made in Great Britain, and a certain additional countervailing Duty of Two Pounds Nine Shillings is also made chargeable on such Glass as aforesaid made in Ireland, and imported from thence into 'Great Britain; and by an Act passed in the Fifty fifth Year of the Reign of His said late Majesty (amongst other Things), for altering certain Drawbacks and countervailing Duties on Glass, certain Drawbacks are allowed upon Flint or Phial Glass, Wares, Vessels or Utensils made in Great Britain, and exported: And 'Whereas it is expedient to repeal the said several Duties and? Drawbacks, and to impose other Duties, and grant another Drawback in lieu thereof; Be it therefore enacted by the King'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 from and after the Fifth Day of July One thousand eight hundred and twenty five, all and singular the said Duties and Drawbacks shall cease and determine, and be no longer paid or payable, except in the Cases hereinafter mentioned; and that so much of the said Act above mentioned, and passed in the Fifty first Year aforesaid, as relates to the taking out of certain Licences therein mentioned, and required to be taken out by all and every Maker and Makers of Flint Glass or of Phial Glass, before he, she or they shall presume to make use of any Lear in or for the annealing of Flint Glass or Phial Glass, and to the Regulation of such Licences as therein mentioned, and also so much of an Act passed in the Fifty ninth Year of the Reign of His said late Majesty, for continuing, until the Fifth Day of July One thousand eight hundred and twenty, certain Laws of Excise with regard to Crown Glass, and Flint Glass, and Phial Glass, and for altering certain Laws with regard to Flint Glass, which said Act was continued by subsequent Acts until the Tenth Day of October One thousand eight hundred and twenty seven, as relates to Flint and Phial Glass, shall be and the same are, from and after the said Fifth Day of July One thousand eight hundred and twenty five, hereby repealed, save and except in all Cases relating to the recovering, allowing or paying any Arrears of such Duties and Drawbacks as aforesaid respectively, which may at that Time remain unpaid, or to any Fine, Penalty or Forfeiture, Fines, Penalties or Forfeitures, relating thereto respectively, or which shall have been incurred under any Part or so much of the said Acts, passed in the Fifty first and Fifty ninth Years aforesaid, as are hereby respectively repealed, and which shall have been respectively incurred at any Time before or on the said Fifth Day of July One thousand eight hundred and twenty five: Provided always, that nothing herein contained shall extend or be deemed or construed to extend to repeal any Part or Clause or Provision in the said Act passed in the Fifty first Year aforesaid, which regards the making Entry of, or the Construction or Use of any Lear, or any other Clause or Provision in, or any Part of the said last mentioned Act, except that Part and so much thereof as is above mentioned, or which is expressly repealed by this Act. II. And in mentioned Flint or Phial I. And be it further enacted, That from and after the said In lieu of the th Day of July One thousand eight hundred and twenty five, Duties repealed lieu and instead of the Duties by this Act repealed, there the Duties herell be raised, levied, collected and paid, throughout the United following to be gdom, unto His Majesty, His Heirs and Suocessors, the levied on eral Rates and Duties of Excise in British Currency herein- fluxed Materials er mentioned; that is to say, for and upon every Ŏne thou- for making & Pounds Weight Avoirdupois, and so in Proportion for any Glass. ater or less Quantity of the fluxed Materials or Metal, or er Preparations whatever, by what Name soever the same are may be called or known, that shall be made in Great Britain, Ireland, for the Purpose of making Flint Glass or Phial ss, the Sum of Twelve Pounds and Ten Shillings, such ties to be charged upon the gross Gauge of such fluxed terials or Metal or other Preparations, in the Pot, of which ked Materials or Metal, or other Preparations, Three thousand hundred being taken as the Specific Gravity, Eleven shall be Circular Divisor for finding the Contents of each such Pot Pounds Weight Avoirdupois, without any Deduction, Abateint or Allowance whatsoever. back on Flint Glass. Ill. And be it further enacted, That in lieu of the several New Drawawbacks by this Act repealed, the following Drawback shall be ed and paid; for and upon every One thousand Pounds ight Avoirdupois, and so in Proportion for any greater or $ Quantity of Flint Glass which shall be made in Great Britain Ireland, and for and in respect of which, or of the Materials, tal or other Preparations from which the same shall have en made, all Excise Duties payable thereon have been duly id, and which shall be exported as Merchandize from thence pectively to Foreign Parts, the Sum of Twenty nine Pounds hree Shillings and Four Pence. IV. And be it further enacted, That the several Duties by Duties under s Act imposed shall be under the Direction and Management Excise. the Commissioners of Excise for the Time being. V. And be it further enacted, That all Monies arising by the Carried to the ities by this Act imposed (the necessary Charges of raising and Consolidated counting for the same excepted), shall from time to time be Fund. ad into the Receipt of His Majesty's Exchequer at Westminster, d shall be carried to and made Part of the Consolidated Fund the United Kingdom of Great Britain and Ireland. VI. And be it further enacted, That all Phial Glass which Phial Glass all be made in any Part of the United Kingdom shall be deemed Flint emed and taken to be Flint Glass within the Meaning of this Glass. ct and all other Acts of Parliament relating to the Revenue f Excise, and shall be charged with Duty accordingly as Flint Glass. and Goods same Regul VIL. And be it further enacted, That the Duties and Draw- Duties levied as espectively raised, levied, collected, answered, paid, recovered, liable to the packs by this Act imposed and granted shall and may be former Duties; djudged, mitigated and allowed throughout Great Britain and reland respectively, in such and the like Manner, and in or by ations as the like My or either of the general or special Means, Ways or Methods by Articles are hich the former Duties and Drawbacks of Excise respectively subject to by pon Goods, Wares, Merchandize or Commodities of the 3P 4 same Sorts virtue of any former Act. |