Customs (1839) (WA)
WESTERN AUSTRALIA.
ANNO SECUNDO
VICTORIIE REGINA].
No.
An Act for the. Regulation of the Customs of
Western Australia.
HtRE AS it is expedient to make provision for the general
| Regulation of the Customs and Trade of the Colony of Western | Preambi | t |
| Australia | is expedient | to regulate |
Australia ;—De it therefore enacted, by His Excellency the it
| s | .s | and trad | e of |
| Governor of the said Colony and its Dependencies, by and with th | e 2is ecus | olton | only | |
| advice arid consent of the Legislative Council thereof, that from and | ||||
|
| after the passing of this.Act, all duties chargeable by virtue of any Du | leeoocf | Rio | soC: | receive | 1 Rt |
| Act in forte in this Colony shall be paid to, and received by, theyC eoolo | and Sub |
| Collector and Sub.Collectors of Colonial Revenue for the time beinu whose receipts alone to be | good discharges. |
| to be appointed froin time to time by the proclamation of 4he | Gov- |
| time, and until some suchproelamation to the contrary, the Govern- Fremantle and other portsKing. to act as Sub-Collectors. | erner for the time being of the said Colony. And that in the mean-Government Residents at | |
| ||
| George's Sound, shall be Collectors for the said ports respectively ; and that the receipts of such Collector, or some one of the said :Sub- Collectors (and 'such receiptt only) shall be good and sufficient dis- 'Chats for the payment of any Duties payable under this Act, and alleged in such receipts to have been received. |
| IL AND be it further enacted, that it shall be tiawful for the Said I | . |
| Collector or Sub-Collector to appoint in writing(with'the approbation t:fenotor | appointed |
| •of the said Governor) all necessary inferior officers for the purposes C011 viit | ebtoi and Sub-ColicC- |
| tor, | h echia | thiia |
| of this Act; | Governor. |
Anne Secithclo Vie. Reg., No. 3.
Every person employed in III. AND be it further enacted, that every person employed on
the service of the Customs 0to be deemed an Officer "n)' duty or service relating to the Customs of the said Colony by the
| of Customs. | order or with the concurrence of the Governor, or of the Commissioners |
| Proof of such service to be | of Her Majesty's Customs, (whether previously or subsequently ex- |
| so | fficient prima facie „i. p ressed), shall be deemed to be an officer of the customs for that duty |
demo of being an Officer or serVice ; and if a question shall arise in the course of any legal
of the Customs.
proceeding whether any such person be an officer duly authorised,
Such Officers to be com. evidence of his having acted as such shall be deemed sufficient, and
petent witnesses, nntwith- such person shall not be required to produce his commission orstanding their being en-
titled to any stare of any deputation, unless sufficient proof be given to the contrary ; and every soft far such seizure orseizure or penalty in such officer, or any person actin ," in his aid or assistance, shall be
penalty. deemed a competent witness on the trial of any suit or information on account of any penalty sued for, notwithstanding such officer or other person may be entitled to any part of such seizure or penalty.
tors to require all neces-Collector or Sub-Co/lee- IV. AND be it further enacted, that it shall be lawful for the said sary declarations. Collector or Sub-Collectors to require and exact all Declarations re-
quisite under this Act, or by any law in force in this Colony for the
purposes of this Act.
Officers making collusive V. AND be it further enacted, that if any Officer of the Customs,
bribes, to forfeit £100.seizure, or accepting or other person duly authorised to act as such , shall make any col-
lusive seizure, or deliver up, or make any agreement to deliver up, or not to seize, any vessel or boat or goods liable to forfeiture, or shall take any. bribe, gratuity, recompence or reward for the neglect or non-performance of his duty, every such officer or other person shall forfeit, for every such offence, the sum of one hundred pounds.
Persons attempting to VI. AND be it further enacted, that every person who shall give,
| to forfeit zioa any collusive agreement with any such officer as aforesaid to induce | bribe or corrupt Officers offer or promise to give, any bribe, recompense or reward, or'rnake |
him in any way to neglect his duty, or to do, conceal or connive at any act whereby any of the provisions of this Act, or of any other law, rule, order or regulation in force within the said Colony may be evaded, every such person shall (whether the offer be accepted or performed or not) forfeit the sum of one hundred pounds.
VII. AND be it further enacted, that it shall be lawful for the said
Governor to appoint boors Governor, from time to time, to appoint the hours of attendance ofof attendance at the offices of the Collector and Sub- the said Collector, Sub-Collectors, and other subordinate officers of
| Collectors. | Customs, at their respective Offices. |
VIII. AND he it further enacted, that if the Master of any ship
| Masters of vessels | not |
bringing t to at proper or vessel arriving in any port of the said Colony shall neglect or re- stations to forfeit Lioa fuse. to bring to at the proper stations in such ports, appointed by the
proclamation of the said Governor for the boarding of Officers of the
Anno Secundo Vic. Reg., No. 3.
Customs, the Master of such ship or vessel shall forfeit the sum of one hundred pounds.
IX. AND be it further enacted, that it shall be lawful for the Governor and Council to
| Governor, with the advice of the Executive Council, from time to time taRnoinnuti Iteirslzir and | , |
| to appoint any Port, Haven or Creek in Western Australia and its Dependencies, and to set out the limits then-of, and to appoint the properplaces within the same to be legal Quays for the lading and unlading of goods, and to define the portions . of such legal Quays | |
| upon which particular goods may be laden or unladen ; and to de- | |
| clare that any legal Quay which had been set out by such authority in any port shall no longer be so, and to appoint any new place within | |
| any port to be a legal Quay for the lading and unlading of goods. |
X. AND be it further enacted, that it shall be lawful for the Col- Officer may be stationed
| lector or any Sub-Collector of Customs to station any officer on | on board of vessels in port |
| board any ship or vessel within the limits of any port in the said Colony; and the Master of every ship or vessel on board of which | |
| any such officer shall be so stationed shall provide such officer | |
| sufficient room under the deck in some part of the steerage or fore- castle for his bed or hammock ; and in case of neglect or refusal so to do, shall forfeit the sum of one hundred pounds. |
| XI. | AND be it further enacted, that the Master of every ship or port arrival vessels to re- | arnval and cargo. |
vessel arriving in any of the ports or harbours of this Colony shall, within twenty-four hours after his arrival, and before bulk shall have
been broken, deliver into the Collector or Sub-Collector of the port Particulars of report.
of arrival, a report in writing of the arrival and voyage of such ship, stating her name, country, and tonnage, (and if British, the port of registry) the name and country of the master, the country of the fawners, the number of the crew, and how many are of the country of such ship, or whether she be laden or in ballast—and if laden, the marks, numbers, and contents of every package and parcel of goods On board, and where the same was laden, and where and to whom consigned, and when any and what goods (if any) had been unladen daring the voyage, and particularly of all goods subject to duty on
board of such ship or vessel, whether intended for importation into
this Colony or not, and where the same was laden, and where and to
whom consigned ; and the Master of every ship shall, at the time of
ng such report, deliver to. the Collector or Sub-Collector the Lcauffest of the cargo of such ship, where a manifest is required, and ?/equired by the Collector or Controller, shall produce to him any tip cargo laden on board, and shall further answer all such ques-ani or bills of lading, or a true copy thereof, for any and every part
tons e ncerning the ship and the cargo and the crew and the voyage
I be demanded of him by such Collector or Sub-Collector.
Ann° Seetintio Vie4 Reg., No. 3.
| bssuch e zorrtt --- onro t :kiln: if any goods :ie unladen before such report, or if the Master shall fait | pentacyrorotheinggoods and shall sign a solemn declaration of the truth of such reports and | |
| untrue report—or not to make such report, or make an untrue report, or do not truly answer | ||
|
duty be riot reported, the same shall be forfeited.
Importer or Consignee of
goods snhjert to duty to XII. AND be it further enacted, that the Importer or Consignee
cuter same inwards. of any Goods subject to duty shall, within twenty-one days next
after the arrival of the ship or vessel importing the same, deliver to
the Collector or Sub-Collector of the port of arrival an Entry in
writing, in words at length, containing the names of the importer or consi gnee, of the importing ship, of the master thereof, and of the
| Particulars of such entry. | 0 | 7 |
place from whence such ship has arrived ; and setting forth the quantity, in Imperial gallons, of Spirits consigned or imported to or
by the person making such entry, the strength of such spirits, and the
marks and numbers of the vessels containing the same, and the quantity and descsiption of all other goods subject to duty, and the marks and numbers of the vessels or other packages containing the same ; and shall also deliver to such Collector or Sub-Collector two or more duplicates, as may be required, o. such Entry, in which all
Duties to be paid at thesums and numbers may be expressed in figures ; and such Importer time of entry, unless the or Consignee shall, at the time of delivering in such Entry, pay don
| g oods subect to duty may all duties on the Goods subject to ditty so entered, (unles the samej | be warehused. Warrant , , | ||
|
warrant for the anlading or lading of such Goods.
Goods subject to ad vat- XIII. AND be it further enacted, that in all cases where the
orcm duty. duties imposed upon the importation of Articles into the said Colony
are charged not according to the weight, tale, gauge or measure, hut
according to the value thereof, such value shall be ascertained by the
| Value to be declared upon | declaration of the Importer or Proprietor o! such Articles, Or his |
| entry. | known agent, in manner and form following,—that is to say: |
I, A B, do hereby declare, that the Articles mentioned in the
| Form of declaration. | Entry and contained in the Packages [here specifying the several packages, and describing the several marks and num- bers, as the case may be I are of the value of |
| Witness my hand this | day of |
A B.
The above Declaration signed the day of in the presence
of C D, Collector (or other principal officer); which Declaration ;hall
be written on the bill of entry of such Articles, and shall be sub: scribed with the hand of the Importer or Proprietor thereof, or . his
known agent, in the presence of the Collector or other principal officer
of the Revenue at the port of importation ; which value shall be the
Anno Sectmdo Vic. Reg., No. 3.
fair market price of the goods at the place of shipment. Provided
| that if upon view and examination of such Articles by the propel' vo.eeteprele | G | poorods undervalued, the | seto declare the | r |
| office | of the Revenue, it shall appear to him -that the said Articles' |
are not valued according to the true price and value thereof, and ac- cording to the true intent and meaning of this Act, then, and in such
case, the Importer, or his known agent, shall he required to declare
before the Collector or other proper officer what is the invoice price of such Articles, and that he verily believes such invoice price is the current value of the Articles at the place whence the said Articles
-were imported ; and such invoice price, with the addition of ten pounds which, with ten per
per centum thereon, shall be deemed to be the value of the Articles value.centum,tobedeemedthe
in lieu of the value so declared by the Importer or Proprietor, or his known agent, and upon which the duties due thereon shall be charged and paid, unless upon examination of such invoice, it shall appear that the original declaration of ,the Importer or Proprietor was true, in which case the duties are to be charged on the original declared value. Provided, also, that if it shall appear to the Collector or other proper officer that such Article's have been invoiced below. the real and true value thereof at the place whence the same were im- ported, or if the invoice price is not known, the Articles shall, in such case, be re-examined by two competent persons, to be nominated by the Governor of the colony, and such persons shall declare before the Collector or other proper officer, what is the true and real value of such Articles at the port of importation, and the value so declared by such persons shall be deemed to be the true and real value of such Articles, and upon which the duties due thereon shall be charged and paid.
| XIV. | AND be it further enacted, that if the Importer or Pro- if | uocrherv, al:ago:A:17o, |
ifc
| pr etor of such Articles shall refuse to pay the Duties imposed thereon, it shall and may be lawful for the Collector or other proper officer of | upon | i |
| nri | the duty, goods to | be |
the Revenue, and he is hereby required to take and secure the same, with the casks and other packages thereof, and to cause the same to be publicly sold within the space of twenty days at most after such refusal made, and at such time and place as such officer shall, by four or more days' public notice, appoint for that purpose; which Articles shall be sold to the best bidder, and the money arising from the sale thereof shall be applied, in the first place, in the payment of the said Duties, together with the charges that shall have been occasioned by the said sale, and the surplus, if any, shall be paid to such Importer or Proprietor, or any other person authorised to receive the same.
XV. AND be it further enacted, that whenever any Goods shall Rent may be charged on
be taken to, and secured iu, any of the Queen's Warehouses in the Goods warehoused.
said Colony for security of the duties thereon, or to prevent the same
from coming into home use, it shall , and may be lawful for the
Anno Secundo Vic. Reg., No. 3.
lector or other principal officer of the Revenue at the port to charge demand and receive warehouse rent for such goods for all such time, as the same shall remain in such warehouse, at the same rate as may be payable for the like goods when warehoused in any warehouse in which such goods may be warehoused without payment of duty.
XVI. AND be it further enacted, that if any Goods shall be
| Goods | subj | ect | to | duty | un | - |
laden or landed before landed or unladed from any ship or vessel in any part of the said
| entry, or at unauthorised col — | places, or without theony before due entry shall be made thereof and warrant granted | |
| presence of an Officer, to for the unlading and landing thereof, or if any goods subject to duty | ||
| ||
| All Goods subject to duty XVII. AND be it further enacted, that if the Importer or Con- not duly entered and paid signee of any goods subject to duty shall refuse or neglect to makefor (unless warehoused) | ||
| within 21 days after due entry of such goods and to pay all duties for the same (unless may be landed and con- the same shall be warehoused in manner hereinafter provided) withinarrival of importing ship, | ||
| ||
| thereon be not paid within sel it shall be lawful fur the Collector or Sub-Collector of the port of | ||
|
endar months after such twenty-one days shall have expired, together with all charges of removal and warehouse rent, the same shall be sold, and the produce of such sale shall be applied, in the first place, to the payment of freight and charges, and, in the next place, to the payment of duties due on the goods so sold, and the overplus, if any, shall be paid to such Importer or other person duly authorised to receive the same.
Good's subject to duty XVIII. AND be it further enacted, that it shall be lawful for the outimmediate payment ofmay be warehoused with- Importer or Consignee of any goods subject to duty to warehouse the
| duties. | same in warehouses to be appointed as hereinafter provided, without payment of any duty on the first entrance thereof, subject, neverthe- less, to rules and conditions hereinafter contained. |
Warehouses to belicensed XIX. AND be it further enacted, that it shall be lawful for the
| by Collector of Colonial | 4 • |
Revenue. said Collector or Sub-Collector of Colonial Revenue to license by
writing under his hand, with the approbation of the said Governor, such private warehouses as shall by him be approved of for the warehousing and securing of goods subject to duty, for the purposes of this Act.
Owners of licensed Ware-. XX
| house to charge Rent after | AND be it further enacted, that it shall be lawful for the |
| rates to be fixed by Col- owner |
| lector with approbation of n | of every such licensed warehouse to charge and receive rent |
| Government. | ter | al l | goods therein warehoused, after such rate as the said Collector |
Anno Secundo Viet. Reg., No. 3 .
shalt from time to time notify and appoint, with the concurrence of
the said Governor.
| XXI. AND be it further enacted, that the times and manner of stowing goods subject to duty, and all other matters and things con- Warehouses | t a | nem en t to | or licensed |
| stowing | rsa | tl | oftsCollecit or | Collector |
| fleeted with the | gement of every such licensed warehouse (so | -Collector | mana |
| far as the management thereof may have relation to the purposes of lion. " | o each |
| this Act), shall be subject to the control and regulation of the said |
| 'Collector or Sub-Collector of each port. | wBsornedustuosisbge taken Goods |
XXII. AND be it 'further enacted, that upon the entry of any subject to duty.
goods to be warehoused under the provisions of this Act, the Impor- ter of such goods, instead of paying down the duties due thereon, shall give bond, with one sufficient surety, to be approved of by the Collector or Sub-Collector of the port of importation, in treble the amount of duties payable on such goods, and conditioned for the safe depositing of such goods in the warehouse mentioned in such entry, and for the payment of all duties due on such goods, or for the ex- portation thereof, without any abatement on account of deficiency, except as by this Act is provided, and that no part thereof shall be taken out of such warehouse' until cleared from thence upon due payment of duty, or upon due entry for exportation ; and if, after
such bond shall have been given, the goods, or any part thereof, shall Fresh Bond to be taken
be sold or disposed of, so that the original bonder shall have no lon- pupon isawtarrastfessrergspordos-.
ger any interest or control in or over the same, it shall be lawful for the Collector or Sub-Collector to admit fresh security to be given by the bond of the new proprietor or other person having control over such goods, with one sufficient surety, and to exonerate the . original bonder to the extent of the fresh security.
XXIII. AND be it further enacted, that if any goods which have lthda iesonsditlisotnesd Goods
| been entered to be bonded or warehoused shall not be deposited in to be forfeited. | el)d |
| thethe proper warehouse, or shall afterwards be taken out of the Ware- house without due entry and clearance, or having been entered and cleared for exportation from the warehouse, shall not be duly shipped, such goods shall be forfeited. |
| sFersasusdsuw | Fraudulently 0T:s | l | it:Lauer- |
XXIV. AND be it further enacted, that if any Importer or Pro-
| prietor of Goods warehoused under this Act, or any other person, shall, | a penalty not exceeding |
by any contrivance, fraudulently open the warehouse or gain acces;zw°.
to such goods except in the presence of the proper Officer acting in
the execution of his duty, such Importer, Proprietor or other person,
shall forfeit and pay, for every such offence, the sum of one hundred
pounds.
Samples may be taken. of
| XXV. | AND be it further enacted, that it shall be lawful for the warehoused goods without | immediate payment of |
| duty. |
Anno Secundo Vic. Reg., No. 3.
Collector or any Sub-Collector, at discretion, to allow moderate Samples to be taken of any goods so warehoused as aforesaid with- out payment 'of duty, , except as the same shall ultimately become chargeable with such duty.
goods to be re-gauged orXXVI. AND he it further enacted, that it shall be lawful for the
re-weighed when delivered Collector or any Sub-Collector to allow any goods so warehoused as
Irma the warehouse. aforesaid to be regauged or re-weighed when the same shall be
cleared and delivered from the warehouse, and the duties for the same shall be paid according to the quantity ascertained upon such regauging or re-weighing.
Warehoused goods to be XXVII. AND be it further enacted, that all goods so warehoused
| years from first entry, oras aforesaid shall be duly cleared, either for exportation or for con- | cleared out within three |
| may be sold. sumption within the said colony, within three years from the date of |
the first entry thereof ; and if any such goods be not so cleared, it shall be lawful for the said Collector of Colonial Revenue to cause the same to he sold, and the produce shall be applied, first, to the pay- ment of duties, next to warehouse rent and other charges, and the surplus, if any, shall be paid to the Proprietor : Provided, always, that it shall he lawful for the said Governor, at his diseretion, to allow
| Governor may grant fur- nu | t rtber time for such goods to remain warehoused. |
| they | time. |
Governor may remit or XXVIII. AND be it further enacted, that if any goods entered
return duties on goods
| lost or destroyed tin cer- orwarehoused, or entered or to be delivered from the warehouse, | tttin cases. | shall be lost or destroyed by any unavoidable accident, either on |
| shipboard or in the landing or shipping the same for exportation, Or | ||
| in the receiving into or delivering from the warehouse, it shall be | ||
| lawful for the said Governor to remit or return the duties payable or paid on the goods so lost or destroyed. |
Officers embezzling or
wilfully wasting ware- XXIX. AND be it further enacted, that if any embezzlement
housed goods guilty°f a waste, spoil or destruction shall be made of any goods warehoused
misdem
misdemeanor.
under the provisions of this Act by or through any wilful miscon- duct of any officer or officers of revenue, such officer or officers shall be deemed guilty of a misdemeanor, and shall, upon conviction, suffer
| If owner of goods ember- such punishment as may be inflicted bylaw in cases of misdemeanor; sled or wasted, prosecute | if such officer shall be prosecuted to conviction by the Importer, |
| officer to conviction, his |
loss shall be made good uonsignee, or Proprietor of the goods so embezzled, wasted, spoiledC onsignee,
to him by the Customs. or destroyed, then, and in such case, no duty shall be payable for or
in respect of such last mentioned goods,—and no forfeiture or seizure shall take place of any goods so warehoused in respect of any de- ficiency caused by such embezzlement, waste, spoil or destruction, and such deficiency, and all' damage consequent thereon, shall be repaid and made good to such Importer, Consignee or Proprietor, by the said Collector, under such orders and regulations as shall be made by the said Governor for that purpose.
Plano Seemido Vie. Reg., No. 3.
XXX. AND be it further enacted, that there shall be allowed Doruaw
| upon the exportation of goods imported info the said colony a draw- ti | . back upon exporta- |
| back of the duties payable thereon at the time of importation : | |
| provided, always, that proof by a solemn written declaration be | |
| made to the satisfaction of the Collector or Sub-Collector at the port | |
| of export, that the full duties on importation had been paid, and that | |
| such goods had been duly landed at the port for which the same were | |
| cleared, or should be otherwise satisfactorily accounted for, and no | |
| drawback shall be allowed -unless the goods upon which the same is | |
| claimed shall be shipped within three years from the day of importa- | |
| tion thereof, and unless the value of the goods upon which the same is |
| claimed shall amount to fifty pounds, and shall be claimed within | Provisothatvalue of goods |
| one year from the day of such shipment. | on which drawback is claimed amounts to £50. |
XXXI. AND be it further enacted, that upon the entry outwards
Many goods to be exported from the warehouse, the person entering
| the same shallgive security by bond in treble the amount of the | entry for ex- |
| p | ilo°rn | t a | titiuoP | licm |
duties of importation payable on such goods, with one sufficient surety, that the same shall be landed at the place for which they . are entered outwards, or shall be otherwise satisfactorily accounted for.
XXXII. AND be it further enacted, that it shall be lawful for any
officer duly authorised by the Collector or Sub-Collector of Revenue
at the several ports to board any ship or vessel arriving at any port nonofficers mfraL access stloi i pasli
| stay on board until all the goods laden therein shall have been duly andrf any goods on winchhas not been paid | of this colony, or of any of the dependencies thereof, and freely to parts ; " emay open locks, | |
| ||
| And to mark any goods before landing, and to lock-up, seal, mark or otherwise secure any goods on -board such-ship or vessel ; and if any place or-any box or chest be locked, and the keys be withheld, such officers if they be of a degree superior to tidewaiters, may open any such place, box or chest in the best manner in their power, and if any goods liable to-the payment of duties shall be found concealed without due entry thereof on board of any ship, vessel or boat, such ship, vessel, or boat, and such goods so concealed, shall be forfeited. And if the officer shall place any lock, mark or seal upon any goods on board, and such -lock, mark or seal be -wilfully broken, opened or altered before due delivery of such goods, or if any such goods be secretly conveyed away, or if the hatchways, after having been fastened down by the officer, be opened, the master of such ship or vessel, shall forfeit the sum of one hundred pounds. |
XXXII1. AND be it further enacted, that if any ship or vessel rower to Governor to
| shall, have become forfeited on accou nt of any -goods subject to duty remit Forfeitures and | mitigate Penalties in cer- |
| tain cases. |
itE1110 Secundo Vic. Reg., No. 3.
unladen therefrom or concealed therein, or if the master of any ship or vessel shall have become liable to any penalty on account of any goods subject to duty unladen from or concealed in such ship or vessel, and such goods shall be small in quantity, and it shall be made to appear to the satisfaction of the said Governor that such goods had been unladen or concealed contrary to the intention of the owners of such ship or vesssl, or without the privity of the master thereof, as the case may be, it shall be lawful for the said Governor to remit such forfeiture, and also to remit or mitigate such penalty at his discretion ; and every forfeiture and penalty so remitted, or part of such penalty so remitted, shall be null and void, and no suit or action shall be brought or maintainable thereon.
XXXIV. AND be it further enacted, that every person who shall
| to duty, or harbouring orlanding of Goods subject the purpose of landing, of any goods subject to duty upon which the | Persons aidinginun/awful assist or be otherwise concerned in the landing or unshipping, for | |
|
knowingly harbour, keep or conceal any such goods, shall forfeit the
sum of one hundred pounds.
XXXV. AND be it further enacted,that the master or commander
Ship's entry outwards. of every ship or vessel about to sail from this colony shall deliver
into the office of the Collector or Sub-collector of Revenue of the port
| Particulars of statement. merchandize exported in such ship or vessel from this colony, with the | of departure, a content or statement in writing of all goods, wares or |
| marks of the respective shippers and consignees thereof, and shall, if required so to do, verify such content or statement by his solemn oath, and deliver also a list of the cargo, crew and passengers, to- gether with a statement of the port to which he is bound, and shall | |
| Clearance. | also obtain from the said Collector or Sub-Collector of Customs a clearance of such ship or vessel for her outward voyage ; and any such master or commander who shall deliver in a false content or |
| Penalty. | statement, or shall sail or attempt to sail from any port or harbour of this colony without such clearance, shall forfeit and pay a sum not exceeding fifty pounds. |
XXXVI. AND be it further enacted, that the master of any
Masters of vessels of 200 vessel of not less than 200 tons burthen bona fide engaged in the
tons burthen in the Coes-
| ting Trade may ship | - free coasting trade between the different ports of the said colony shall be |
| of |
| d | from | Bon | 51allowed a sufficient quantity of spirits from bond free of duty for the |
duty
sufficient Spirits for their
| Crew. | use of his crew, in the proportion of one gallon for each man for every month the vessel may reasonably be expected to be absent. The master or owner to enter into a bond, if required, with one suffi- cient surety in three times the:amount of duties otherwise payable, that no part thereof shall be re-landed in the said colony without due entry. |
Anno Secundo Viet. Reg., No. 3.
AND be it further enacted, that if any person shall
| XXXVII. | Persons counter feiting | or |
| counterfeit or falsify, or wilfully use when counterfeited or falsified, i | falsifing an .oeu | y | y | D |
| any entry, warrant, or other document requisite under this Act, or |
| elead | m | initelre Ceu | mesto | be | ms g ment | uilty |
shall procure any such document to be made by any false statement, every person so offending shall be deemed guilty of a misdemeanor, and,being thereof convicted, shall suffer such punishment as can by law be inflicted for a misdemeanor.
| XXXVIII. | AND be it further enacted, that all goods, ships, yes_ Goods, Vessels, Boats and | Zitrr | eienegm | esayliteeleseiteoedfobry- |
sels, and boats, and all carriages and cattle liable to forfeiture under
| this Act, shall and may be seized and secured by any officer of the anyO fiver attic | Customs. |
| Customs or Royal Navy ; and any person who shall hinder, molest or obstruct any Officer of the Customs or Navy in the exercise of his of fice, or any person acting in his aid or assistance, shall, for every such offence, forfeit the sum of fifty pounds. |
XXXIX. AND be it further enacted, that if any Officer of the justices of the Peace
Revenue shall state upon oath to any Justice of the Peace for the said grant warrants to searc
| colony any reasonable grounds for suspecting that any goods liable to f forfeited Goods. | or |
| forfeiture are concealed in any particular building or place, it shall be | |
| lawful for such Justice to grant his warrant to any constable to enter and search such house or place either by day or night for such goods, and, in case of necessity, to break open any doors and to open any vessel capable of containing such goods. |
XL. AND be it further enacted, that if any person shall by force Obstructinr, Officers by
or violence assault, resist, oppose, molest, hinder, or obstruct any force to be a Felony.
Officer of the Customs or Navy in the exercise of his office, or any person acting in his aid or assistance, such person being thereof convicted, shall be adjudged a felon, and shall be punished as such at the discretion of the Court before whom such person shall be tried.
| bFeo (lee seseeitzteetdeetyo | Forfeited |
| AND be it further enacted, that all things which shall be seized as liable to forfeiture under this Act shall be forthwith delivered of collector or sub-Got- | lector. |
| into the custody of the Collector or nearest Sub-Collector. |
XLI.
| XLII. | AND be it further enacted, that all things which1 11 h | 8.1 a._ have gale of goods forfeited and |
been condemned as forfeited under this Act shall, under the direc- condemned.
tions of the Collector or of the Sub-Collector of the port where such
seizures shall have been secured, be sold by public auction to the
best bidder : Provided, always, that it shall be lawful for the said
Collector to direct from time to time in what manner the produce of
such sale shall be applied,—or, in lieu of such sale, to direct that any of such things shall be destroyed, or shall be reserved for the public service.
| XLIII. | AND be it further enacted, that all fines and penalties Application of forfeitures | and penalties. |
A.uno Secundo Vic. Beg., No. 3.
recovered under this or any other law in force in the said Colony and relating to the Customs, shall be divided, paid, and applied as fol. lows :—that is to say, after deducting the expense of prosecution and sale, one moiety thereof shall be paid to the Colonial Treasurer, (to the use of Her Majesty, her heirs and successors), and the other moiety to the person who shall seize, inform and sue for the same,
| feitures and penalties. XLIV. AND be it further enacted, that all Penalties and Forfei- | INIode of recovering for- |
tures which may hereafter be incurred shall and may be prosecuted and sued for and recovered in any Court of Record in the said Colony.
Goods seized mny be
| hailed. | XL-V. AND be it further enacted, that if any Goods, or any Ship |
or Vessel, shall be seized as forfeited under this Act or by any other law in force in the said Colony relative to the Customs, it shall be lawful for the Judge of any Court having jurisdiction to try and determine such seizure, with the consent of the said Collector of Colonial Revenue, to order the delivery thereof on security by bond with two sufficient sureties, to be approved of by such Collector, to answer double the value of the same in case of condemnation, and such bond shall be taken to the use of Her Majesty in the name of the said Collector, and shall be kept in the custody of such Collector. And in case the Goods, Ship or Vessel shall be condemned and the value thereof shall be paid into the hands of the said Collector, such bond shall be cancelled.
| Suits to be commenced in | XLVI. | AND be it further enacted, that no Suit shall be com- |
| the name of a superior |
| officer. | menced for the recovery of any Penalty or Forfeiture under this Act |
| except in the name of some superior Officer of the Customs. |
| Claims to things seized to | XLVII. | AND be it further enacted, that no person shall be ad- |
| be made in owner's name. | mitted to enter a claim to anything seized in pursuance of this Act until sufficient security shall have been given in the Court where such Seizure shall be prosecuted, in a penalty not exceeding fifty pounds, to answer and pay the costs occasioned by such claim ; and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned. |
Butthen of proof to be XLVIII. AND be it further enacted, that if any Goods shall be upon claimant. seized for non-payment of duties, or any other cause of forfeiture, and
any dispute shall arise whether the duties have been paid for the same, or whether the same have been lawfully imported, the proof thereof shall lie upon the Owner or Claimer of such Goods, and not on to the Officer who shall seize and stop the same.
Claimantoragent to make
| oath of property. | XLIX. AND be it further enacted, that no claim to any thing |
Anno Secundo Viet, Reg., No. 3.
seized under this Act and returned into auy Court of Record of the said Colony for adjudication, shall be admitted, unless such claim be entered in the name of the owner, with his residence and occupation, —nor unless oath to the property in such thing be be made by the owner or by his attorney or agent by whom such claim shall be en- tered to the best of his knowledge and belief.
| L. | PROVIDED, always, and be it. further enacted, that as often Justices of the Peace may |
| as anything seized in pursuance of this or any other law in force in udene edie | , .fige | lta | uf uees of goods |
| the said Colony- relative to the Customs shall be of a value less than twenty pounds, and shall be so sworn by affidavit duly made before any Justice of the Peace, it shall be lawful for the Officer seizing the same to prosecute for the forfeiture and recovery thereof in a sum- mary manner before any two or more Justices of the Peace for the said colony, whose award or decision shall be final ; and such Justices of the Peace shall have all and every the like powers and authorities touching such last-mentioned penalties and forfeitures as are hereby vested in any Court of Record of the said Colony. |
LI. AND be it further enacted, that all Actions or Suits for the sLatitittion of actions or
recovery of any of the Forfeitures or Penalties imposed by this or any other law in force in the said Colony relative to the Customs, must be commenced within six months after the offence committed for which such penalty or forfeiture shall be incurred.
•
LII. AND be it further enacted, that no . Writ shall be sued out Notice of action to be
against, nor a copy of any process served upon, any Officer of the Cus- given to officers of cus-
toms or Navy for any thing done in the exercise of his office until one toms'
| calendar month after notice in writing shall have been delivered to him or left at his usual place of abode ; in which notice shall be clearly set forth the cause of the action, the name and place of abode of the person about to bring such, action ; and no, evidence of any other cause of action, except such cause as shall be :stated in such notice, shall be admitted on the trial. | Limitation of such actions. |
AND be it further enacted, that ever y such last-Mentioned action shall be brought within one month after the cause thereof.
LIII.
Judge may certify proba-
LIV. AND be it further enacted, that in case any Information °rue ground of seizure.
Suit shall be brought to trial on account of any seizure made under this Act, and a verdict shall be found for the Claimant of the things seized, and the Judge or Court before whom the cause shall be tried shall certify that there was probable cause of seizure, the Claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any Action, Indictment, or other suit or prosecution on account of such seizure.
LV. AND be it further enacted, that it shall be lawful for such officer maytenderamend;.
Anno Segundo Viet. Reg., No. 3.
Officer, at any time within one calendar month after receipt of such notice of Action as aforesaid, to tender amends to the party complain. ing, or his agent, and to plead such tender in bar to such action, together with any other pleas ; and if the Jury (or Court, in case such action shall be tried without a Jury) shall think the amends sufficient, a verdict shall be given for the Defendant.
Appropriation of fines, &c.
AND be it further enacted, that all Fines and Forfeitures and all Sums collected under this Act and not otherwise especially appropriated, shall go to Her Majesty, her heirs and successors, for the public uses of this colony and the support of the Government thereof.
LVI.
LVII. AND be it further enacted, that this Act shall be and con-
tinue in force until the eighteenth day of March, one thousand eight
hundred and forty-one.
JOHN HUTT.
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Legislative Council -Z
the 4th day of April, 1839. 3
WALKINSHAW COWAN,
Clerk to the Council.
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