An act to allow a drawback of the duties of customs on the exportation
of tea to any of his Majesty's colonies or plantations in America; to
increase the deposit on bohea tea to be sold at the India Company's
sales; and to impower the commissioners of the treasury to grant
licences to the East India Company to export tea duty-free.
WHEREAS by an act, made in the twelfth year of his present Majesty's
reign, (intituled, An act for granting a drawback of part of the
customs upon the exportation of tea to Ireland, and the British
dominions in America; for altering the drawback upon foreign sugars
exported from Great Britain to Ireland; for continuing the bounty on
the exportation of British-made cordage; for allowing the importation
of rice from the British plantations into the ports of Bristol,
Liverpoole, Lancaster, and Whitehaven, for immediate exportation to
foreign parts; and to impower the chief magistrate of any corporation
to administer the oath, and grant the certificate required by law, upon
the removal of certain goods to London, which have been sent into the
country for sale;) it is amongst other things, enacted, That for and
during the space of five years, to be computed from and after the fifth
day of July, one thousand seven hundred and seventy-two, there shall be
drawn back and allowed for all teas which shall be sold after the said
fifth day of July, one thousand seven hundred and seventy-two, at the
publick sale of the united company of merchants of England trading to
the East Indies, or which after that time shall be imported, by
licence, in pursuance of the said therein and hereinafter mentioned
act, made in the eighteenth year of the reign of his late majesty King
George the Second, and which shall be exported from this kingdom, as
merchandise, to Ireland, or any of the British colonies or plantations
in America, three-fifth parts of the several duties of customs which
were paid upon the importation of such teas; which drawback or
allowance, with respect to such teas as shall be exported to Ireland,
shall be made to the exporter, in such manner, and under such rules,
regulations, securities, penalties, and forfeitures, as any drawback or
allowance was then payable, out of the duty of customs upon the
exportation of foreign goods to Ireland; and with respect to such teas
as shall be exported to the British colonies and plantations in
America, the said dreawback or allowance shall be made in such manner,
and under such rules, regulations, penalties, and forfeitures, as any
drawback or allowance payable out of the duty of customs upon foreign
goods exported to foreign parts, was could, or might be made, before
the passing of the said act of the twelfth year of his present
Majesty's reign, (except in such cases as are otherwise therein
provided for:) and whereas it may tend to the benefit and advantage of
the trade of the said united company of merchants of England trading to
the East Indies, if the allowance of the drawback of the duties of
customs upon all teas sold at the publick sales of the said united
company, after the tenth day of May, one thousand seven hundred and
seventy-three, and which shall be exported from this kingdom, as
merchandise, to any of the British colonies or plantations in America,
were to extend to the whole of the said duties of customs payable upon
the importation of such teas; may it therefore please your Majesty that
it may be enacted; and be it enacted by the King's most excellent
majesty, by and with the advice and consent of the lords spiritual and
temporal, and commons, in this present parliament assembled, and by the
authority of the same, That there shall be drawn back and allowed for
all teas, which, from and after the tenth day of May, one thousand
seven hundred and seventy-three, shall be sold at the publick sales of
the said united company, or which shall be imported by licence, in
pursuance of the said act made in the eighteenth year of the reign of
his late majesty King George the Second, and which shall, at any time
hereafter, be exported from this kingdom, as merchandise, to any of the
British colonies or plantations in America, the whole of the duties of
customs payable upon the importation of such teas; which drawback or
allowance shall be made to the exporter in such manner, and under such
rules, regulations, and securities, and subject to the like penalties
and forfeitures, as the former drawback or allowance granted by the
said recited act of the twelfth year of his present Majesty's reign,
upon tea exported to the said British colonies and plantations in
America was, might, or could be made, and was subject to by the said
recited act, or any other act of parliament now in force, in as full
and ample manner, to all intents and purposes, as if the several
clauses relative thereto were again repeated and re-enacted in this
present act.
II. And whereas by one other act made in the eighteenth year of the
reign of his late majesty King George the Second, (intituled, An act
for repealing the present inland duty of four shillings per pound
weight upon all tea sold in Great Britain; and for granting to his
Majesty certain other inland duties in lieu thereof; and for better
securing the duty upon tea, and other duties of excise; and for
pursuing offenders out of one county into another,) it is, amongst
other things, enacted, That every person who shall, at any publick sale
of tea made by the united company of merchants of England trading to
the East Indies, be declared to be the best bidder for any lot or lots
of tea, shall, within three days after being so declared the best
bidder or bidders for the same, deposit with the said united company,
or such clerk or officer as the said company shall appoint to receive
the same, forty shillings for every tub and for every chest of tea; and
in case any such person or persons shall refuse or neglect to make such
deposit within the time before limited, he, she, or they, shall forfeit
and lose six times the value of such deposit directed to be made as
aforesaid, to be recovered by action of debt, bill, plaint, or
information, in any of his Majesty's courts of record at Westminster,
in which no essoin, protection, or wager of law, or more than one
imparlance, shall be allowed; one moiety of which forfeiture shall go
to his Majesty, his heirs and successors, and the other moiety to such
person as shall sue or prosecute for the same; and the sale of all
teas, for which such deposit shall be neglected to be made as
aforesaid, is thereby declared to be null and void, and such teas shall
be again put up by the said united company to publick sale, within
fourteen days after the end of the sale of teas at which such teas were
sold; and all and every buyer or buyers, who shall have neglected to
make such deposit as aforesaid, shall be, and is and are thereby
rendered incapable of bidding for or buying any teas at any future
publick sale of the said united company: and whereas it is found to be
expedient and necessary to increase the deposit to be made by any
bidder or bidders for any lot or lots of bohea teas, at the publick
sales of teas to be made by the said united company; be it enacted by
the authority aforesaid, That every person who shall, after the tenth
day of May, one thousand seven hundred and seventy-three, at any
publick sale of tea to be made by the said united company of merchants
of England trading to the East Indies, be declared to be the best
bidder or bidders for any lot or lots of bohea tea, shall, within three
days after being so declared the best bidder or bidders for the same,
deposit with the said united company, or such clerk or officer as the
said united company shall appoint to receive the same, four pounds of
lawful money of Great Britain for every tub and for every chest of
bohea tea, under the same terms and conditions, and subject to the same
forfeitures, penalties, and regulations, as are mentioned and contained
in the said recited act of the eighteenth year of the reign of his said
late Majesty.
III. And be it further enacted by the authority aforesaid, That it
shall and may be lawful for the commissioners of his Majesty's
treasury, or any three or more of them, or for the high treasurer for
the time being, upon application made to them by the said united
company of merchants of England trading to the East Indies for that
purpose, to grant a licence or licences to the said united company, to
take out of their warehouses, without the same having been put up to
sale, and to export to any of the British plantations in America, or to
any parts beyond the seas, such quantity or quantities of tea as the
said commissioners of his Majesty's treasury, or any three or more of
them, or the high treasurer for the time being, shall think proper and
expedient, without incurring any penalty or forfeiture for so doing;
any thing in the said in part recited act, or any other law, to the
contrary notwithstanding.
IV. And whereas by an act made in the ninth and tenth years of the
reign of King William the Third, (intituled, An act for raising a sum
not exceeding two millions, upon a fund, for payment of annuities,
after the rate of eight pounds per centum per annum; and for settling
the trade to the East Indies,) and by several other acts of parliament
which are now in force, the said united company of merchants of England
trading to the East Indies are obliged to give security, under their
common seal, for payment of the duties of customs upon all unrated
goods imported by them, so soon as the same shall be sold; and for
exposing such goods to sale, openly and fairly, by way of auction, or
by inch of candle, within the space of three years from the importation
thereof: and whereas it is expedient that some provision should be made
to permit the said company, in certain cases, to export tea, on their
own account, to the British plantations in America, or to foreign
parts, without exposing such tea, to sale here, or being charged with
the payment of any duty for the same; be it therefore enacted by the
authority aforesaid, That from and after the passing of this act, it
shall and may be lawful for the commissioners of his Majesty's
treasury, or any three or more of them, or the high treasurer for the
time being, to grant a licence or quantity of licences to the said
united company, to take out of their warehouses such quantity or
quantities of tea as the said commissioners of the treasury, or any
three or more of them, or the high treasurer for the time being, shall
think proper, without the same having been exposed to sale in this
kingdom; and to export such tea to any of the British colonies or
plantations in America, or to foreign parts, discharged from the
payment of any customs or duties whatsoever; any thing in the said
recited act, or any other act to the contrary notwithstanding.
V. Provided always, and it is hereby further enacted by the authority
aforesaid, That a due entry shall be made at the custom-house, of all
such tea so exported by licence, as aforesaid, expressing the
quantities thereof, at what time imported, and by what ship; and such
tea shall be shipped for exportation by the proper officer for that
purpose, and shall, in all other respects, not altered by this act, be
liable to the same rules, regulations, restrictions, securities,
penalties, and forfeitures, as tea penalties, &c. exported to the
like places was liable to before the passing this act: and upon the
proper officer's duty, certifying the shipping of such tea to the
collector and comptroller of his Majesty's customs for the port of
London, upon the back of the licence, and the exportation thereof,
verified by the oath of the husband or agent for the said united
company, to be wrote at the bottom of such certificate, and sworn
before the said collector and comptroller of the customs, (which oath
they are hereby impowered to administer,) it shall and may be lawful
for such collector and comptroller to write off and discharge the
quantity of tea so exported from the warrant of the respective ship in
which such tea was imported.
VI. Provided nevertheless, That no such licence shall be granted,
unless it shall first be made to appear to the satisfaction of the
commissioners of his Majesty's treasury, or any three or more of them,
or the high treasurer for the time being, that at the time of taking
out such teas, for the exportation of which licence or licences shall
be granted, there will be left remaining in the warehouses of the said
united company, a quantity of tea not less than ten millions of pounds
weight; any thing herein, or in any other act of parliament, contained
to the contrary thereof notwithstanding.
Source: http://www.americanrevolution.com/TeaAct.htm