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A70192 Rules and directions given by Coll: Edmond Harvy, and the rest of the Commissioners for the Customs, to the collectors and other officers, to be by them observed, in collecting the customs, and the mannagement [sic] of their respective offices England and Wales. Commissioners of Customs.; Harvey, Edmund, 1594-1673. 1655 (1655) Wing H1094A; Wing R2245; ESTC R11866 29,897 38

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or place of this Nation shall before the shipping thereof declare and manifest under his or their to the Collector and Checque of the Customs in the Port where the same shall be shipped in the Custome-house the measure length number and other contents and value of such goods together with the name of the ship and of the Master the place of whence and for which he is fraighted and with the approbation of the said Collector and Checque shall also make and enter into a sufficient Obligation in the Law in which he shall be bound with sufficent sureties in such sums of moneys as shall amount to double the vaine of the goods so declared and manifested with condition that the same shall be discharged at some Creek within England or Scotland and is no other place and in case any the laid goods or Merchandizes shall be shipped in any ship or other vessell to be carried or passed between Port and Port as aforesaid before such Declaratien shall be made and security given as aforesaid that then all and every the said goods and Merchandize shall be forfeited and lost the one moyetie or value there of to him or them that will seize or sue for the same and the other moyetie or value thereof or the fine or composition for the same to be paid to the Commissioners of the Customes for the time being for the use of his Highnesse the Lord Protector and the Common-wealth That every person or persons that shall ship such goods and shall be bound as aforesaid shall within four moneths next after shipping thereof bring a true certificate from the port or place where he or they shall discharge the said goods testifying that the said goods so shipped and the true nature length weight number and other contents or value thereof are there discharged which Certificate shall upon discharge of the goods be delivered to the party discharging the same without delay and all and every the said bonds for which Certificates are returned shall be delivered half yearly unto the Ezchequer with the Certificate thereunto annexed and endorsed also thereupon and every Midsummer after the accompt of the Officer who did take them is passed the said bonds shall be delivered to every person that will sue for the same paying onely twelve pence for delivery thereof to the Officer that hath the Custody of them All other of the said bonds that be expired and no Certificate returned according to the conditions shall be delivered into the Exchequer half yearly that excution may be had thereupon Directions touching Seizures and Demises (c) Directions about Seizures THat every Officer who shall make any Seizure or Demise of any Goods or Merchandize as prohibited or uncustomed shall thereupon with all possible speed acquaint the Commissioners of the Customes therewith and likewise certifie the same to the (d) Commissioners and Register to be acquainted with all Seizures Register of Seizures in the Port of London for the time being that they may be by him duly recorded (e) Quantity and quality of the Goods seized to be certified to the Register That such Officers do likewise certifie unto the said Register together with the quantity and quality of the Goods so seized the time when and ground whereupon he seized or demised the same with such other circumstances as are fit to be known for exhibiting an information in the Exchequer against the same in case the said Commissioners shall according to the trust reposed in them think fit so to direct (f) Licence to compound That in case any proprietor of any Goods seized or demised as aforesaid shall procure a Licence to compound for the same the Officer before he treat or compound thereupon do cause the said Goods to be apprized by vertue of a Writ of apprizement out of the Exchequer which Writ the said Register is hereby required to procure at the request and charge of the said Officer and to send to the said Officer with all speed and the Officer having caused the said Goods to be apprized is forthwith to return the same Writ with the Indenture of apprizement thereunto annered unto the said Register to be by him registred and afterwards returned into the Exchequer in order to further prosecution (g) The Officer not to compound at lesse then one third That for preventing of fraud in Compositions no Officer do by vertue of any such Licence compound for his part at any lesse rate then the one third part of the whole according as the said Goods are apprized unless the said Commissioners being first acquainted therewith do give other directions in the case (h) The Officer to certifie the Collector what he compoundeth for That such Officer having made his Composition do forthwith certifie the Collector of the Port whereunto he doth belong what he hath or is to receive by way of Composition for his part for the Goods so seized or demised as aforesaid and for any charge of intelligence or otherwise by him disbursed about the same and shall in the presence of the said Collector endorce upon the said Licence in words at length and not in figures what the same amounteth unto in one entry summe and subscribe his name thereunto (i) Licence to be returned to the Register That such Officers forthwith return the same Licence so endorsed to the said Register to be by him registred and entred in the Exchequer and then to be kept by him until some seasonable opportunity be offered whereby the Officer may take his Oath in a legal way according to what is endorsed and subscribed as aforesaid and that the said Officer do then likewise return unto the said Register the money for charges expended in the Exchequer in that fuse upon intimation from him what the said charges are (k) Goods seized not to be delivered till the States part and Customs be payd That such Officer having made his Composition do not deliver nor suffer to be delivered such Goods out of custody until the States part of such Composition which is the like sum compounded for as also the Customs due for the same be payd to the Collector of such Ports for the use of the Common wealth (l) And security given for rating the Fine That in such cases the said Collector take good security or a greater sum of money then the charges of the Exchequer in rating the fine and suing out of the Quietus est do amount unto which cannot be lesse to be deposited to that end then the sum of five pounds of the proprietor before his Goods be delivered with condition to procure his fine to be rated the next Terme at furthest after he is informed by the Officer with whom such composition is made that Oath is by him made in a legal manner of his Composition upon the Licence aforesaid to the end the Officer may be legally discharged of his said seizure upon Record and in default
Edmo Harvey Mar Hildesley Daniel Taylor (c) Ships unlading part exporting the rest In case any Ship importing forraign Goods into any Ports shall discharge part of her Lading there and intend to transport the rest over Sea entry is to be made of the whole and Custom payd accordingly (d) Allowance of 12. per cent for leakage That allowance of twelve percent is to be made for leakage of Wines excepting Wines brought in as Prize to which neither this nor any other allowance is to be made to Merchants demanding the same by way of defalcation where no Wines are filled up on shipboard and care to be taken for preventing thereof Which twelve per Cent. is not to be taken or deducted out of the quantities of Wines but out of the monies received for the suvstdy (e) The Collector to receive the States part upon seizures He is to receive the moyeties of all seisures demises and Composstions for Custom Causes and to keep the money so received in one account particularly by it selfe and upon receipt thereof he is to remit the same to the Cashire Generall with a note expressing from whom and for what Goods seized compounded for or recovered such money was payd (f) Allowance of halfe subsidy Before allowance be made of the half subsidy for Goods exported formerly imported or any free Cocquet granted for the same these following Rules and directions are to be observed The Collector is to be assured that the Goods upon which the half subsidy is to be payd back it exported by or for a strangers account were imported within nine moneths and if by or for an English mans account within twelve moneths Then he is to make a Certificate under his own hand that such Goods were entred and payd Custom and all other duties upon the importation thereof In which Certificate he is to express the time when the same were imported by whom the quantity and quality of the said Goods in words at length and not in figures The computation of the nine moneths and twelve moneths above said is to be made from the day of the entry of the Goods inwards whether by sight or perfect warrant to the day of the shipping of tehm aboard outward and not to the date of the Collectors Certificate Upon the said Certificate the Merchant or some for him that can depose the same must make oath that the Goods which now be intendeth to export are the same which are mentioned in that Certificate and for which the full subsidie and other duties due upon the importation were payd and if the said Goods have been contracted for or sold he is to make oath to whom the same have been contracted and to whom sold as also for whose accompt the same shall be exported But if it appear unto him upon such examination and enquiry as be shall think fit to make upon oath in the matter that the quality property of the Goods have been altered from the first importer bepond the second buyer there is no half subsidy to be payd back but in all such cases the Merchant is to pay his Custom unles in case of Goods to be exported by the Importer thereof as is directed by the seventh Article of Instructions annexed to the Book of Rates upon oath made as aforesaid in pursnance of the second Article of Instructions annexed to the said Book And whereas the half subsidy is to be payd back he is to make out unto the Merchante a Certificate Cocquet and a Debentur the form of which are as followeth (g) The form of the Certificate and Oath thereupon In the May den-Head of Pl●mouth James Lotton Master for Mallago John Green Ind Five bales containing twenty hundred ells net Linnen The subsidy inwards for twenty hundred ells net Linnen was payd by John Green Ind the sixth of Jan last past written 5 Martij 1651. A. B. Collector C. D. Checque Juravit John Green or A. B his Servant the Goods above mentioned in this Certificate to be shipped out are the same which payd Custom inwards and are to be transported and sold beyond the Seas for the proper account of the said John Green without any preContract for the same h Form of the Cocquet Know ye that John Green Ind. for five bales containing two hundred ells of Linnen Cloth net late in this Port unladen and now to be shipped in the Maiden-Head of Plimouth Masterr James Lutton for Mallago payd all duties at the first discharge the sirth day of January last past Dated 5º Martil 1651. (i) Form of the Debentur Plimouth John Green Ind. did enter with us the 5º day of March 1651. in the Maiden-Head of Plimouth Mr. James Lutton for Mallago five bales containing two hundred ells of Linnen Cloth net the subsidy whereof was payd inwards by the said John Green Ind. the sixth day of Ian. last past as it doth appear by the Certificate of the Collector inwards and for further manifestation of his just dealing herein he hath also taken oath before us for the same Custom-House Plimouth Die anno supradict Upon which Debentur is to be first certisted by the searcher that shipped off the said Goods the time when they were shipped and the name of the Ship in which they were shipped and after the Ship is departed the Coast of England or the Goods arrived in some Port beyond the Seas the Merchant himself and no other person upon the Debentur making oath that the Goods expressed in that Debentur and Certificate aforesaid being thereunto annexed are really shipped out for quality and quantity and are not nor any part thereof since they were last shipped out relanded in any Port or Croek of England Wales or Scotland that then within one moneth after such oath made the Collector is to pay back the half subsidy only and not part of any other duty whatsoever and upon the said Debentur to take the Receipt of the Merchant himself or of his known Factor or Agent for the sum aforesaid Note that the searcher have it in charge to examine and take care that the same Goods for quantity and quality be shipped out as is mentioned in the Cocquet And whereas by the seventh Article of Instructions annexed to the Book of Rates it is directed that if any Merchant having duly payd all duties inwards and in regard of bad sales shall be enforced to keep the said Goods or any part thereof in his hands without alteration of property after the space of a year shall be clapsed in which case be is to be permitted to ship the same out for the parts beyond the Seas if he so think fit without payment of any subsidie for the same outwards upon due proof that the same was duly entered subsidy payd inwards But before the Merchant have any froe Cocquet to that purpose a Certificate is to be made out and subscribed by the Collector of the time when