תוןווין וון ווווו
PUBLIC RECORD OFFICE
Reference :-
C.O. 8
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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covenant with the said James Harley and James M. Currie the grantees, or such trustees or trustee for the time being, that he hath the right to convey to them the said premises notwithstanding any act of him the said Israel Meighan or of George Frederick Arthurs aforesaid, and that they or either of them will execute such further assurances of the said premises as may be requisite and necessary for the more satisfactory granting and conveying the same upon the trusts herein-before mentioned according to the true intent and meaning of these present..
In witness whereof the partics have hereto set their hands and affixed their seals
the day and year first above written.
(Signed)
ISRAEL MEIGHAN, GEO. FRED. ARTHURS. JAMES HARLEY. J. M. Currie.
Signed, sealed, and delivered by all the parties hereto in the presence of
(Signed) F. K. WOZILLA.
14,901.
No. 155B.
(Bermuda.)
THE SOLICITOR TO THE CUSTOMS DEPARTMENT.
}}
WITH regard to the first question asked by the Governor of Bermuda, goods brought
July 13, 1889. in merchant vessels into the waters of the United Kingdom would always be considered as either "Cargo "Stores."
or
If the latter, they would at once be put under supervision as to their consumption on board, or removed to the Queen's warehouse.
They are never permitted to be taken for consumption as anything but the necessary stores of the ship.
The cargo is either cargo which is landed and becomes liable to duty, or which is transhipped under regulations preventing any consumption whatever in the United Kingdom or the waters thereof.
It is, therefore, clear that from merchant vessels there can be no transfer whatever, to Her Majesty's ships, of goods for use or consumption thereon, as such goods would, in every case, from importing ships be required to be landed first. So that, to answer directly in the words of the question put, no goods imported by merchant vessels for private use on board Her Majesty's ships would be allowed to be transferred to them without first being landed and paying duty.
With regard to the second question, I am not aware how much of the memorandum prepared by me was transmitted to the Governor, whose note speaks merely of an "Extract"; but I endeavoured to explain, and I think I did explain, in that memorandum that, so far as the waters of the United Kingdom go, the question was not one of whether the ship of Her Majesty, on board which the goods would be consumed, was "in commission" or not; nor, indeed, whether it was known that the goods were going to be consumed or used within the waters of the jurisdiction or not, but that the point was that dutiable articles, while on board a ship of Her Majesty arriving from a foreign voyage, were taken no note of, but might be used or consumed there in any manner, whether as stores or not, and that the time at which duty arose was the first unshipment or removal, from the deck of the ship, of goods to be delivered for use or consumption out of the Customs control..
The point of this I took to be the inviolability, so to speak, of the deck of one of Her Majesty's ships arriving from a foreign voyage, until, by the free-will of those on board, goods were sent thereout for use or consumption; and I think the suggestion is right that this inviolability of the deck of one of Her Majesty's ships arriving "home" should apply to all the decks of one squadron serving together in Colonial waters.
This was the line of my contention, and, therefore, the inference drawn by the Governor that duty would not be claimed in England on goods transferred to stationary ships of Her Majesty is not quite correct. With certain exceptions as to wine (as to which there is a special provision) I think that all goods transferred in these waters from a vessel of Her Majesty, arriving from foreign service, would be required to be or would be treated as landed and liable to duty, whether the vessel to which they were going was in com- mission or not, or stationary or not.
*
I should not have thought this particular question would have affected any arrange- ments at Bermuda, as I was not aware that there was any stationary training or other ship of Her Majesty in the waters of that Colony. If there were such, however, I am not altogether prepared to say that the rule which applies here with regard to such stationary ships would correctly apply at Bermuda, because such a ship would not be, in the terms I used in my memorandum "at home," but rather on foreign service; and it might possibly be deemed right to regard her as one of the squadron, to which indeed she may be attached.
Secretary, Customs
(Signed)
CHARLES J. FOLLETT.
* On reference to the current Navy List, I see that the "Terror" floating battery is stationed at Bermuda
A 59667. 25-8/80 G
EXA