in this present Parliament assembled, and by the Authority of the same, Importers may, under the Superintendence of a proper Officer, separate damaged Coffee from sound. That, from and after the passing of this Act, upon the Importation of Coffee the Growth of any British Colony, Plantation, or Settlement in Asia, Africa, or America, or upon the Importation of Coffee,condemned as Prize, it shall and may be lawful within fourteen Days after the same shall have been-deposited in any Warehouses, (wherein the-same may be secured according to the Laws in Force,) or if the Duty is paid down upon the First Entry thereof, then before the Delivery of such Coffee, for every Importer thereof, under the Superintendence of the proper Oficer or Officers of the Customs and Excise, to separate the damaged Coffee from the undamaged Parts thereof, in order that the undamaged and merchantable Parts may be repacked into Casks or Bags, and that the damaged Parts may be packed in Casks; Bags or Casks when Coffee repacked to be marked.and in every such Case the said Importer, under the Superintendence of such Officer or Officers, shall mark or cause to be marked on every Bag or Cask containing the Coffee so separated as undamaged the Word "Sound" in black Paint in the front of each Bag or on the Head of each Cask, in Letters at least Two Inches long, and upon the Casks containing the Coffee set apart as damaged the Words "For Exportation;" and the said Officer or Officers of the Customs or Excise is and are hereby empowered and directed to call into his or their Assistance in such Selection, the proper Officer or Officers who is or are accustomed to tare and sample Coffee in the publick Warehouses and Docks on Behalf of such Importer.
Notice to be given by the Officer of the time intended for the Separation of sound from damaged Coffee.II. And be it enacted, That in all publick Docks and Warehouses of the United Kingdom in which Coffee is at present received and stored, or shall or may at any Time hereafter be received and stored, the damaged Coffee shall be carefully selected and separated from the sound Coffee, and the proper Officer or Officers in the said Docks and Warehouses are hereby required and directed to make such Selection and Separation accordingly: Provided always, that before any Officer or Officers of His Majesty's Customs or Excise shall proceed to separate the damaged and unmerchantable Coffee, such Officer or Officers is and are hereby required upon Application in Writing of the Person or Persons in whose Name the said Coffee shall have been warehoused, to give Notice to Him or them of the precise Period when it is the intention of the said Officer or Officers to proceed to separate the same, in order that he or they may attend or appoint some Person to attend such Separation in his or their Behalf; On Complaint of Importer, Commissioners of Customs may order the Coffee separated be re-surveyed.and if on such Separation it should appear to the said Party, or his or their Agent so to be appointed and being present upon the Occasion, that from Negligence or Ignorance of the Quality of the Coffee on the Part of the Officer or Officers, or from any other Cause, a greater or smaller Proportion thereof is selected as damaged and unfit for Use in this Country, than in the Judgment of such Importer, or his, her, or their Agent, should have been so selected, that then and in every such Case it shall and may be lawful for the Commissioners of the Customs in England and Scotland respectively, or any Three or more of them, upon the Affidavit of such Importer, or his or their Agent, and upon Application for that Purpose, to order and direct that the said Coffee shall be re-surveyed by Two-indifferent and disinterested Merchants or Brokers experienced in the Nature and Value of the Article, who upon viewing the same shall certify and declare upon their corporal Oaths before the principal Officers of the Customs (who are hereby authorized to administer the same), their Opinion and Determination as to the Nature and Extent of the Damage sustained, which Opinion and Determination shall be binding and conclusive on all Parties: Damaged Coffee not to be delivered till repacked for for Exportation in Casks of not less then 400lbs. &c.Provided always, that in every such Case the reasonable Expence of the Persons so to be employed shall be borne by the Importer of the said Coffee: Provided also, that such damaged Coffee shall not be delivered out of the Warehouse until the same shall have been repacked for Exportation in Casks containing each not less than Four Hundred Pounds net Weight Avoirdupois, except by the special Permission of the Commissioners of His Majesty's Customs and in England and Scotland respectively, which they or any Three of them, are hereby authorized to grant, on Proof to their Satisfaction of the Expediency of permitting the same to be exported in smaller Packages, and on Security to the Satisfaction of the said Commissioners of the Customs being first given by the Exporter at the Rate of Ten Pounds per Hundred Weight, that the same shall be duly exported.
Damaged Coffee may be mixed with other Parcels of damaged Coffee to make up the Quantity of 400lbs.III. And be-it further enacted, That in-Cases where the damaged Parts of any particular or distinct Parcel of Coffee Shall in the Whole be less in Quantity than Four hundred Pounds net, it shall and may be lawful for the proper Officer of the Customs and Excise, at the Request of the Importer or Proprietor, upon due Notice being given to the proper Officers of Customs and Excise, to mix the same with any other damaged, Coffee belonging to him or them which may have been set apart for the Purpose of Exportation in Casks containing not less than Four hundred Pounds as before mentioned, and in like Manner it shall be lawful for the said Officer or Officers, at the joint Request of any Two or more Importers or Proprietors, to mix any Parcels of such Coffee to them respectively belonging, for the Purpose of making the Packages of the Weight required by this Act previous to Exportation, such Request being made in Writing by the said respective Importers or Proprietors to the proper Officer or Officers of the Customs and Excise respectively as aforesaid
