CO885-(1-2) — Page 251

PUBLIC RECORD OFFICE

Reference :-

TTC.O.

885

1 PUBLIC RECORD OFFICE, LONDON

| ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-—NOT TO

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authorized to levy rates and charges, on Ame rican or Portuguese vessels than on British vessels; and as this regulation subjects those corporations to loss, provision is made for repaying them out of the Treasury.

The Act is to continue in force so long as the

treaties with the United States and Portugal, and

"

any treaty to be made with any foreign Power with the similar provision hereiubefore recited," shall be in force.

This ambiguous provision as to the duration of the Act is explained by the Customs Duties Act (8 & 9 Vic. c. 90, s. 9), which provides that when any treaty is concluded with any foreign Power containing stipulations similar to those contained in the American or Portuguese treaties, the Act of George III shall be held to apply to the trade and shipping of that Power, so far, and so far only (s. 10), as the treaty stipulates for the concession of the advan- tages secured by the Act; and to prevent uncer- tainty (s. 11) notice of every treaty so concluded is to be published in the "Gazette" before the

Act can be applied to it.

Thus, on the publication in the "Gazette" of any treaty binding us, directly or indirectly, to lay no greater burdens on the shipping of any given country than on British shipping, the export duty on coal ceases to be payable on its export- ation in ships of that country, and its ships are also entitled to pay only the same light duties, harbour duties, &c., all over the kingdom as those charged on British ships, compensation being made by the Treasury to the corporations and others entitled to the extra dues, unless their right to make such extra charges has been con- ferred on them since 1842, in which case (s. 12) the Lords of the Treasury are not bound to make compensation *.

⚫ I do no. think it necessary to notice, under this head, the powers which Her Majesty has under the South American Shipping Act (7 Geo. IV, c. 5), and the Austrian Act (3 & 4 Vie. c. 95), to conclude and give effect to treaties waiving

parts of the Navigation Law. Her power of allowing ships of some foreign countries to trade between the United Kingdom and India falls under the same category. So also her power

of concluding treaties, allowing certain produce of Asia, Africa, and America to be imported from Europe in Foreigu ships.

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II. The powers which the Queen possesses, independently of the conclusion of any Treaty, are those which she has under the Customs Duties Act, and the Acts of 4 & 5 Geo. IV, of imposing additional and countervailing duties, and those which she has under the fourth section

of the Possessions Act, of regulating the trade

of foreign vessels with the colonies.

1. By the Act 4 Geo. IV, c. 77, it is provided

that on proof being laid before Her Majesty that no higher duties are laid in any particular country

on goods imported or exported in British vessels than on goods imported or exported in vessels of the country, Her Majesty may order that no higher charges, &c., shall be laid on goods im- ported or exported in ships of that country than on the like goods in British ships. This would enable Her Majesty to take off the export duty

on coal in a foreign ship in the case of countries fulfilling the conditions.

The Act also enables the Queen to charge additional duties, or to withhold bounties, &c., on goods imported or exported in the vessels of any foreign country in which higher duties are charged, or lower bounties, &c., granted, on goods in British ships than on the like goods in national ships; provided such additional duties, &c., shall not be more than just to countervail the duties, &c., charged in the other country. Such additional duties may be removed and again reimposed. Under this provision we might deal with goods imported in Spanish ships, as Spain deals with goods imported in British ships; and it is only a year or two since we were asked by the Liverpool shipowners to do so.

The same Act enables the Queen to exempt foreign vessels under 60 tons from pilotage.

The above Act did not enable the Crown to charge additional tonnage duties on foreign vessels, but only additional customs duties on goods in foreign vessels.. It was, however, at that time desired to charge additional tonnage duties on the ships of the United States in their trade with the West Indies, in order to counter- vail the additional tonnage duties laid on British

ships in the same trade; and therefore by an Act of the following year (5 Geo. IV, c. 1), power