History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
Such were the leading conditions of the “Act of Navigation” so far as
regards “British ships;” but the “Statute of Frauds” further enacted
(sect. 6, par. 2) that no foreign-built ship (that is to say, no ship
built anywhere except in England, &c., or in his Majesty’s dominions in
Asia, Africa, or America), except ships purchased before a given day
and prize ships, should enjoy the privilege of a “British ship,” though
owned and manned by “British subjects”; and such ships were deemed as
aliens’ ships, and were liable therefore to all duties applicable to
this class of vessels.
By a subsequent Act (15 Car. II., cap. 7, sect. 6) no goods from
Europe were to be imported into the British possessions except in
British-built shipping; and, by the Plantation Act (7 & 8 Will. III.,
cap. 22, sect. 2) all importations into, and exportations from,
these possessions must be in British-owned, and British-built, and
British-navigated vessels. Prize ships, if British owned, were, and
always have been, entitled to the privileges of British vessels; the
system of registering vessels having been first prescribed by the
last-named Act.
Having thus stated the principles regulating “British ships,” I must
now proceed to notice in some detail the more important changes in the
Navigation Laws.
[Sidenote: State of Navigation Laws in 1847. Rules in force in the
Plantation Trade.]
These Laws, in 1847, resting as they did on the Act of Parliament
then in force, so far as regards _The Plantation Trade_ provided
(_Rule 1_) that “No goods shall be _exported_ from the United
Kingdom to any British possession in Asia, Africa, or America, nor to
the islands of Guernsey, Jersey, Alderney, or Sark, except in British
ships” (8 & 9 Vict., cap. 88, sect. 7). But vessels belonging to the
United States may carry goods from this country to the principal
British settlements in the East Indies (59 Geo. III., cap. 54, sect.
6). The Sovereign had the power to conclude treaties, allowing the
same privilege to the ships of other foreign countries, and some such
treaties were actually concluded: _e.g._ with Austria and in fact
Russia (see 8 & 9 Vict., cap. 90, sect. 9).
_Rule 2._ “No goods shall be carried from any British possession
in Asia, Africa, or America, to any other of such possessions, nor from
one part of such possessions to another part of the same, except in
British ships” (8 & 9 Vict., cap. 88, sect. 10).
_Rule 3._ “No goods shall be _imported_ into any British
possession in Asia, Africa, or America, in any foreign ships, unless
they be ships of the country producing these goods, and from which
they are usually imported”[48] (8 & 9 Vict., cap. 88, sect. 11). But
an Order in Council might declare that goods, &c., the growth of any
foreign country, might be imported into Hong Kong from the same or any
other foreign country, in vessels belonging to the same or any other
foreign country, and however navigated (see 8 & 9 Vict., cap. 88, sect.
12).
Public-domain text, read in full here on John Shaqi.
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