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The Judicial Committee of the Privy Council Decisions
You are here: BAILII >> Databases >> The Judicial Committee of the Privy Council Decisions >> Prohibiting the exportation of naval stores generally, with particular exceptions in respect to vessels of war and others, on paying certain duties and making oath as to their destination (United Kingdom) [1809] UKPC 8 (21 June 1809)
URL: http://www.bailii.org/uk/cases/UKPC/1809/1809_8.html
Cite as: 12 ER 135, [1809] UKPC 8, 1 Act 4
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Prohibiting the exportation of naval stores generally, with particular exceptions in respect to vessels of war and others, on paying certain duties and making oath as to their destination (United Kingdom) (21 June 1809)
No. 1. - At. the Court at the Queen's Palace, the 21st of June 1809.
PRESENT-The King's most Excellent Majesty in Council.
Prohibiting the exportation of naval stores generally, with particular exceptions in respect to vessels of war and others, on paying certain duties and making oath as to their destination.
Whereas the time limited by his Majesty's Order in Council of the fourteenth day of December one thousand eight hundred and eight, prohibiting the transporting into any parts out of this kingdom of any pig-iron, bar-iron, hemp, pitch, tar, rosin, turpentine, anchors, cables, cordage, masts, yards, bowsprits, oars, oakum, sheet-copper, or other naval stores, will expire upon the eleventh day of July next: And whereas it is judged expedient for his Majesty's service. and the safety of this kingdom, that the said prohibition should be continued for some time longer, his Majesty doth therefore, with the advice. of his Privy Council, hereby order, require, prohibit, and command, that no person or persons whosoever do at any time, for space of six months, from the said eleventh day of July next, presume, to transport into, any parts out of this kingdom any pig-iron, bar-iron, hemp, pitch, tar, rosin, turpentine, anchors, cables, cordage, masts, yards, bowsprits, oars, oakum, sheet-copper, sail-cloth or canvas, or other naval stores, or do ship or lade any pig-iron, bar-iron, hemp, pitch, tar, rosin, turpentine, anchors, cables, cordage, masts, yards, bowsprits, oars, oakum, sheet-copper, sail-cloth or canvas, or other naval stores, on board any ship or vessel, in order to transporting the same into any parte beyond the seas, without leave or permission first being had and obtained from his Majesty or his Privy Council, upon pain of incurring the forfeitures inflicted by an act passed in the thirty-third year of his Majesty's reign, intituled, " An Act to enable his Majesty to restrain the exportation of naval stores, and more, effectually to prevent the exportation of saltpetre, arms, and ammunition, when [1-Acton-5] prohibited by Proclamation or Order in Council: " But it is nevertheless his Majesty's pleasure, that nothing herein contained shall extend, or be construed to extend, to any of his Majesty's ships of war, or any other ships or vessels or boats in the service of his Majesty, or employed or freighted by his Majesty's Board of Ordnance, or by the Commissioners of his Majesty's navy; nor to prevent any ship or vessel from taking or having on board such quantities of naval stores as may be necessary for the use of such ship or vessel during the course of her intended voyage, or by licence from the Lord High Admiral of Great Britain, or the Commissioners of the Admiralty for the time being; nor to the exportation of the said several articles to Ireland, or to his Majesty's yards or garrisons, or to his Majesty's colonies and plantations in America or the West Indies, or to Newfoundland, or to his Majesty's forts and settlements on the coast of Africa, or to the island of St. Helena, or to the British settlements or factories in the East Indies: Provided that upon the exportation of any of the said articles for the purpose of trade to Ireland, or to his Majesty's yards and garrisons, or to his Majesty's colonies and plantations in America or the West Indies, or to the island of Newfoundland, or to his Majesty's forts and settlements on the coast of Africa, or to the island of St. Helena, or to the British Settlements or factories in the East Indies, the exporters of such articles do first make oath of the true destination of the same, to the places for which they shall be entered outwards, before the entry of the same shall be made, and do give full and sufficient security, by bond (except as herein-after excepted), to the satisfaction of the Commissioners of his Majesty's Customs, to carry the said articles to the places for which they are so entered out-wards, and for the purposes, specified, and none other; and such bond shall not be cancelled or delivered up until proof be made, to the satisfaction of the said Commissioners, by the production, within a time to be fixed by the said Commissioners, and specified in the bond, of a certificate or certificates, in such form and manner as shall be directed by the said Commissioners, shewing that the said articles have been all duly landed at the places for which they were entered outwards: But it is his Majesty's pleasure, nevertheless, that the following articles, viz. bar-iron, white and tarred rope, tallow or mill grease, tarpaulins for waggon-covers, pitch, tar, and turpentine, shall be permitted to be exported, upon payment of the proper duties, without bond being entered into by the merchant exporter, to any of the British [1-Acton-6] plantations in the West Indies, or to any of his Majesty's settlements in South America; provided the merchant exporter shall first verify, upon oath, that the articles so exported are intended for the use of a particular plantation or settlement, to be named in the entry outwards, and not for sale; and that the said plantation or settlement has not before been furnished with any supply of the said articles during the same season; and provided also that the exportation of the said articles shall, in no case, exceed the value of fifty pounds sterling for any given plantation or - settlement whether by one or more shipments within the same season: And-the right honourable the Lords Commissioners of his Majesty's Treasury, the Commissioners for executing the office of 'Lord High Admiral of Great Britain, and the Lord Warden of the Cinque Ports, are to give the necessary directions herein as to them may respectively 'appertain.
W. FAWKENER.