255

for remedying the omission complained of in
the Customs Consolidation Act, I am to state
that the necessity for amending the Imperial
Act does not appear to my Lords urgent, as
their Lordships are not aware of anything to
prevent the Colonial Legislature from enforce-
ing, by penalties, the provisions of the Im-
perial Act when it seems to them desirable
that they should be so enforced.

As this however appears to be a question
more proper for the consideration of the Se-
Department, I am to request to be informed
what answer should be given to the Commis-
sioners of Customs.

I have, &c.,
H. Merivale Esq.,
&c. &c. &c.
J. EMERSON TENNENT.

Cape has issued instructions to the Officers of
Customs in that Colony not to place any im-
pediment in the way of passengers wishing to
avail themselves of Foreign ships, in proceed-
ing coastwise to the several Ports of the Co-
lony of the Cape of Good Hope;-and we
beg leave to add that, with your Lordships'
sanction, and upon being favoured with your
directions to that effect, we would be pre-
pared to introduce into the first Customs'
Amendment Act to be brought before Parlia-
ment, the necessary clause re-enacting the
penalty prescribed by the 21st section of the
13 and 14 Vict., ch. 95, for the carrying of
passengers in Foreign ships coastwise in the
British possessions in Asia, Africa, and Ame-
rica.

THOS. F. FREEMANTLE.
EDWD. SAURIN.

Custom House, London,
30th March, 1855.

(ENCLOSURE IN No. 1.)

To the Lords of the Committee of Privy
Council for Trade.

We beg leave to represent to your Lord-
ships that, by the Navigation Act of the 12th
and 13th Vict., ch. 29, passed in 1849, it was
enacted,

"That no Goods or Passengers should be
carried from one part of any British posses-
sion in Asia, Africa, or America, to another
part of the said Possession, except in British
ships."

That by the Customs Amendment Act, 13
and 14 Vict., c. 95, passed in August, 1850,
section 21 it was enacted—

"That if any passenger or passengers should
be carried by any Foreign ship or vessel con-
trary to the provisions of the Law of Naviga-
tion, the Master of such ship or vessel should
forfeit the sum of Five pounds for each and
every passenger so carried."

That in the Customs Consolidation Act of
the 16th and 17th Vict., ch. 107, sect. 163,
the prohibition contained in the 4th section
of the Navigation Act of 12 and 13 Vict, ch
29, in regard to the carriage of passengers
coastwise in Foreign ships in the British pos-
sessions in Asia, Africa, and America, was re-
enacted; but by some oversight in preparing
the Bill for consolidating the Laws, the pe-
nalty prescribed by the 21st section of the
Customs Amendment Act of the 13th and
14th Vict., ch. 95, above referred to, for car-
rying passengers in Foreign ships coastwise,
contrary to Law, was omitted.

That we have recently received a commu-
nication from the Comptroller of Customs and
Navigation Laws at the Cape of Good Hope,
dated 27th January, 1855, a copy of which,
as well as of its enclosures, we beg leave to
annex for your Lordships' consideration, and
from which your Lordships will observe that,
asne specific penalty now attaches by the Im-
perial Statutes to the carrying of passengers
coastwise in Foreign ships, in the British pos-
sessions, his Excellency the Governor at the

Cape of Good Hope,
Custom House, Cape Town,
27th January, 1855.

No. 1.

Honorable Sirs, -

As Comptroller of Her Majesty's Customs,
I think it my duty to bring under your
Honors' notice the apparently defective state
of the Law for carrying out of its own provi-
sions so far as regards the conveyance of Pas-
sengers in Foreign ships from one Port to an-
other in the same British possession.

By the Navigation Act, 12th and 13th Vic-
toria, chap. 29, passed in June, 1849, section
4, it was enacted-

"That no Goods or Passengers shall be
carried from one part of any British possession
in Asia, Africa, or America, to another part of
the same Possession, except in British
ships."

By the Customs Amendment Act, 13th and
14th Victoria, chapter 95, passed in August,
1850, section 21, it was enacted-

"That if any Passenger or Passengers shall
be carried by any Foreign ship or vessel, con-
trary to the provisions of the Law of Naviga-
tion, the Master of such ship or vessel shall
forfeit the sum of Five pounds for each and
every Passenger so carried."

By the Customs Consolidation Act, 1853,
section 163, it is enacted-

"That no Goods or Passengers shall be car-
ried from one part of any British Possession in
Asia, Africa, or America, to another part of
the same Possession, except in British
ships."

On the 20th instant, the Master of the
French vessel "Bayadere" carried in that
vessel eight Passengers from this Port to Port
Elizabeth, and on the same day the Master of
the American vessel "Springbok" carried in
that vessel three Passengers to Port Elizabeth;
such carrying being in both cases, contrary to
the Act last quoted, Port Elizabeth being a