Customs Act 1830 No 7a (NSW)
No. VI.
An Act for the general regulation of the Customs
of New South Wales and its Dependencies.
| W H E R E A S | of H i s present Majesty in t i tu led "An | Act | to regulate | the | Trade |
by an A c t of P a r l i a m e n t passed in t h e s ixth year
of the British Possessions abroad " i t was enacted amongs t o ther th ings T h a t it should he lawful for H i s Majesty by and wi th t h e advice of H i s P r ivy Council to give such directions and m a k e such regula t ions touch ing t h e t r ade and commerce to and from any Br i t i sh Possessions wi th in t he l imits of t h e E a s t I n d i a Company ' s Char t e r as to H i s Majesty in Council should appear most expedient and sa lu ta ry and t h a t if any goods should be impor ted or expor ted in any m a n n e r cont ra ry to any such Order of H i s Majesty in Council t he same should he forfeited toge the r wi th t h e ship impor t ing or expor t ing t h e same A n d
| whereas by an Order in Council hea r ing date t h e t h i r t i e t h | day | of |
Apr i l one t h o u s a n d eight hund red and twenty-seven H i s Majesty was pleased by a n d wi th t he advice of H i s Council a n d in pu r suance a n d exercise of t he au thor i ty in h i m vested by t h e said Ac t
| and i ts Dependencies . |
| of | P a r l i a m e n t | to | order | and | direct | a m o n g | other | th ings | t h a t | t h e |
| t r ade | a n d | commerce of H i s | Majesty 's | Se t t lements and Terr i tor ies of |
| N e w | Sou th | W a l e s w i t h t h e Dependencies thereof | should he | regu |
| la ted in m a n n e r following t h a t is to say All | such | laws rules | orders |
| and regulations | as were in force within | the said settlements | and terri |
| tories for the regulation | of the trade and commerce | thereof upon | the |
| first day of July in the year one thousand | eight hundred | and | twenty- |
fine should un t i l fur ther orders by H i s Majesty in such behalf revive a n d cont inue and be of full force v i r tue and effect wi th in t h e said se t t lements a n d terr i tor ies A n d whereas i t is expedient in aid of t h e said Order of H i s Majesty in Counci l a n d for giving effect t o t h e same to m a k e fur ther provision for r egu la t i ng t h e Customs and t r ade wi th in t h e said Colony Be i t therefore enacted by t h e Governor of New Sou th W a l e s by and wi th t h e advice and consent of t h e Legislat ive Counci l
| T h a t | from and | after | t he fifth | day of | A p r i l one t h o u s a n d eight | h u n d r e d |
and t h i r t y th i s Ac t shal l come in to a n d be a n d cont inue in full force and opera t ion for regu la t ing t he Cus toms and t r ade wi th in th i s Colony
2. Be it fur ther enacted T h a t every person employed on any d u t y or service re la t ing to t h e Cus toms by the orders or w i th t he con cur rence of t h e Governor of th i s Colony or of t he Commissioners of H i s Majesty 's Cus toms (whether previously or subsequent ly expressed) shal l be deemed to be t h e officer of t h e Cus toms for t h a t du ty or service and if a ques t ion shal l arise in t h e course of any legal proceeding whe the r any such person be an officer duly author ized evidence of his hav ing acted as such shal l be deemed sufficient a n d such person shall no t be required to produce his commission or deputa t ion unless suffi cient proof shal l be given to t he con t ra ry a n d every such officer and any person ac t ing in his aid or assis tance shall be deemed a competent witness upon t h e t r ia l of any suit or informat ion on account of any pena l ty sued for n o t w i t h s t a n d i n g such officer or o ther person m a y be
ent i t led to any p a r t of such seizure or penal ty .
3. A n d be it fur ther enacted T h a t if any officer clerk or o ther
person ac t ing in any office or employment in or be longing to t h e Cus toms in th i s Colony shal l t ake or receive any fee perquis i te g ra tu i ty or reward whe ther pecun ia ry or of any sort or descript ion whatsoever direct ly or indirect ly from any person (not be ing a person duly appoin ted to some office in t he Customs) on account of any t h i n g done or t o be done by h i m or in any way re la t ing to h i s said office or employment except such as he shal l receive unde r any order or per mission of t h e Governor or Commissioners of H i s Majes ty ' s Cus toms such officer so offending on proof thereof be ing adduced shal l be dismissed from his office.
4. A n d be it fur ther enacted T h a t if any officer of t he Cus toms or o ther person duly author ized to act as such shall m a k e any collusive seizure or deliver up or m a k e any agreement to deliver u p or not to seize any vessel or boa t or goods liable to forfeiture or t ake any br ibe g r a t u i t y recompense or reward for t h e neglect or non-performance of his du ty every such officer or o ther person shal l forfeit for every such
offence t he s u m of Five H u n d r e d Pounds .
5. A n d be it fur ther enacted T h a t every person who shal l give
offer or promise to give any br ibe recompense or r eward or m a k e any collusive ag reement w i th any such officer as aforesaid to induce h im in any way to neglect h is du ty or to do conceal or connive a t any act whereby any of t h e provisions of any A c t of t h e Imper i a l Pa r l i amen t or any law ru le order or regula t ion in force wi th in t he said Colony m a y be evaded every such person shal l whe the r t h e offer be accepted
or performed or not forfeit t h e s u m of Five H u n d r e d P o u n d s . 6. A n d be it fu r ther enacted Tha t it shal l be lawful for t he Collector and Control ler of t he Cus toms wi th t h e sanct ion of t h e Governor or A c t i n g Governor of t h e Colony from t ime to t ime to appoin t t h e hour s of general a t t endance of t h e respective officers a n d
o the r persons unde r the i r survey a t the i r proper offices and places of employment . 7. A n d be i t fur ther enacted Tha t no day shall be k e p t as a pub l i c hol iday by t h e Cus toms except Chr i s tmas D a y and Good F r i d a y in every year and any days appoin ted by the Governor ' s P roc l ama t ion for t h e purpose of a genera l fast or of a general t hanksg iv ing a n d also t h e anniversary of t he b i r thday of H i s Majesty a n d of H i s Successors.
8. A n d be it fu r ther enacted T h a t in all cases where in proof on oath shal l be requi red by any law or shal l be necessary in any m a t t e r re la t ing to t he Cus toms the same may be m a d e before t h e Collector or Control ler where such proof shal l be requi red to be m a d e or before t h e persons ac t ing for t h e m respectively and who are hereby author ized and empowered to adminis te r t h e same.
9. A n d be i t fur ther enacted T h a t all goods ships vessels a n d
boats which by any law at any t ime in force shal l be declared to be
forfeited m a y be seized by any officer of t h e Customs.
10. And be i t fur ther enacted Tha t if t he mas te r of any ship
| or vessel a r r iv ing a t or depar t ing from | any por t in t h e said Colony |
| shall neglect or refuse to b r i ng to a t t h e proper s ta t ions in such | por t |
appoin ted by t h e Governor for t h e boa rd ing or l and ing of officers of t h e Cus toms t h e mas te r of such ship or vessel shal l for every such
| offence | forfeit | t h e | s u m | of | One H u n d r e d | P o u n d s . |
1 1 . A n d be i t fur ther enacted T h a t i t shal l be lawful for t he
Collector or Control ler or o ther pr incipal officer t o s ta t ion an officer on board any ship or vessel whi le w i th in t h e l imits of any po r t in t he said t e r r i to ry and t h e mas te r of every ship or vessel on board of which a n y officer is so s ta t ioned shal l provide every such officer sufficient room u n d e r t h e deck in some pa r t of t he forecastle or s teerage for his bed or h a m m o c k and in case of neglect or refusal so to do shal l forfeit
| t h e s u m of | One | H u n d r e d | Pounds . |
12. A n d be it fur ther enacted Tha t all sums of money to be collected as dut ies as well as all penal t ies or forfeitures a l ready author ized unde r th i s A c t shal l be deemed and are hereby declared to be s ter l ing money of Great Br i t a in and t h a t in all cases where dut ies are imposed according to any specific quan t i t y or according to any specific value t h e same shal l be deemed to apply in t h e same propor t ion to any grea ter or less q u a n t i t y or value .
1 3 . A n d be it fur ther enacted T h a t t h e m a s t e r of every ship or
vessel a r r iv ing in th i s Colony whether laden or in ba l las t shal l come wi th in twenty-four hour s and before bu lk be b roken to t he Cus tom house and the re m a k e a repor t in wr i t i ng to t he Collector or Control ler or o ther proper officer of t he arr ival and voyage of such ship or vessel s t a t ing her n a m e coun t ry and tonnage and if Br i t i sh t h e por t of regis t ry t he n a m e and coun t ry of t h e mas te r t h e coun t ry of t h e owners t h e n u m b e r of the crew and how m a n y are of t h e count ry of such ship or vessel a n d whe the r she be laden or in bal las t and if laden t h e m a r k s n u m b e r and contents of every package or parcel of goods on board and where t h e same was laden and where and to w h o m consigned and where and w h a t goods if any h a d been un laden du r ing the voyage a n d
| w h a t p a r t of t h e cargo if | any is in tended | for | impor ta t ion | and | w h a t |
p a r t if any is in tended for expor ta t ion in such ship or vessel to pa r t s beyond t h e seas and w h a t surp lus of stores or stock remains on board
| such ship or vessel as far as any of such par t i cu la r s can be k n o w n to | h i m A n d the mas te r shal l fur ther answer upon oa th all such | ||
| quest ions concerning the ship or vessel and t h e cargo and the crew a n d t h e voyage as shal l be demanded of h i m by such officer A n d if any goods shall be un laden from any ship or vessel before such repor t be m a d e or if t h e mas te r shal l fail to m a k e such repor t or m a k e an u n t r u e | |||
| |||
| |||
| not be repor ted such goods shal l lie forfeited. |
14. A n d be i t fu r ther enacted T h a t it shal l be lawful for t h e
proper officers of t h e Customs to board any ship or vessel a r r iv ing a t any pa r t of th i s Colony and freely to s tay on board u n t i l all t h e goods laden there in shal l have been duly delivered from t h e same and such officers shall have free access to every p a r t of t he ship or vessel w i t h power to fasten down ha t chways and to m a r k any goods before l and ing a n d to lock u p seal m a r k or otherwise secure any goods on board such sh ip or vessel A n d if any place or any box or chest be locked a n d the keys be wi thhe ld such officers if they be of a degree superior to t ide- wai ters m a y open any such place box or chest in t h e best m a n n e r in the i r power and if they be t idewai ters or only of t h a t degree they shall
send
send for the i r superior officer w ho may open or cause to be opened any such place box or chest in t he best m a n n e r in his power A n d if any goods be found concealed on board any such ship or vessel they shall be forfeited A n d if t h e officer shal l place any lock m a r k or seal upon a n y goods on board and such lock m a r k or seal be wilfully opened al tered or b roken before due delivery of such goods or if any such goods be secretly conveyed away or if t h e ha t chways after h a v i n g been fastened down by t h e officer be opened t h e mas t e r of such ship or
vessel shal l forfeit t h e s u m of One H u n d r e d Pounds . 15 . A n d be i t fu r ther enacted T h a t no goods shal l be laden or water -borne to be laden on board a n y ship or vessel or un l aden from any ship or vessel in any p a r t of th i s Colony u n t i l due en t ry shal l have been m a d e of such goods and w a r r a n t s g r an t ed for t h e l ad ing or u n l a d i n g of t h e same and t h a t no goods shal l be so laden or water - borne or so un laden except a t some place a t which an officer of t he Cus toms is appointed to a t t end the l ad ing a n d un l ad ing of goods or a t some place for which a sufferance shal l be g ran ted by t h e Collector a n d Control ler for t he lad ing or un l ad ing of such goods and t h a t no goods shal l be laden or un l aden except in t he presence or w i th t he permiss ion in wr i t i ng of t h e proper officer A n d t h a t all goods laden
water -borne or un l aden cont ra ry to t h e regula t ions of th i s Ac t shal l be forfeited.
16 . A n d be i t fu r ther enacted T h a t the re shal l be al lowed upon
t h e expor ta t ion of goods wares or merchandize impor ted in to P o r t J a c k s o n a d rawback of t h e d u t y paid the reon Provided a lways t h a t proof on oa th be m a d e to t h e satisfaction of t h e Collector and Control ler of t h e Cus toms t h a t t h e full dut ies on impor t a t ion h a d been paid and
t h a t such goods h a d been duly landed a t t h e po r t for which t h e same were cleared A n d n o d rawback shal l be allowed unless t h e goods u p o n which the same is claimed shall be shipped wi th in t h r ee years
from t h e day of impor t a t i on thereof and t h e va lue of t h e goods upon wh ich t h e du ty is to be r e t u r n e d shal l a m o u n t to fifty pounds and shal l be du ly claimed wi th in one year from the day of such sh ipment Prov ided a lways t h a t no drawback shal l be allowed u p o n any goods which by reason of damage or decay shal l have become of less va lue for home use t h a n t h e a m o u n t of such drawback A n d all goods so damaged which shal l be cleared for any drawback shal l be forfeited a n d the person who caused such goods to be so cleared shal l forfeit t h e s u m of Two H u n d r e d P o u n d s or t reb le t h e a m o u n t of t h e drawback in
such case a t t h e election of t h e Governor of t h e said Colony. 17 . A n d be it fur ther enacted Tha t upon t h e en t ry ou twards of any goods to be expor ted from t h e warehouse t h e person en te r ing t h e same shal l give securi ty by bond in t reb le t h e a m o u n t of dut ies of impor t a t ion on t h e quan t i t y of such goods wi th two sufficient suret ies t o be approved by t h e Collector or Control ler t h a t t h e same shal l be l anded a t t h e place for which they are entered ou twards or t o be otherwise accounted for t o t h e satisfaction of t h e Collector a n d Control ler .
18 . A n d be i t fu r ther enacted T h a t i t shall be lawful t o re impor t in to t h e Colony any goods which have been legally expor ted from t h e same and to enter such goods by bill of s tore referr ing to t h e en t ry ou twards a n d expor ta t ion thereof provided t h e p roper ty in such goods con t inue in t h e same person by w h o m or on whose account t h e same have been expor ted A n d if t h e goods so r e tu rned be foreign goods which had before been legally impor t ed in to t h e Colony t h e same dut ies shall be payable t he reon as would a t t h e t i m e of such re - impor ta t ion be payable on t h e l ike goods u n d e r t h e same
c i rcumstances of impor ta t ion as those u n d e r which such goods h a d
been
been or iginal ly impor ted or such goods m a y be warehoused as t h e like
goods m i g h t be warehoused upon a first impor ta t ion thereof.
19. A n d be it fur ther enacted T h a t t h e mas t e r of every ship
or vessel b o u n d from this Colony shal l before any goods bo laden the re in deliver t o t h e Collector or Control ler or o the r p roper officer
| a n en t ry ou twards u n d e r his proper h a n d | of | t h e | des t ina t ion | of | such |
| ship s t a t ing he r n a m e coun t ry | and | tonnage and if | Br i t i sh t h e po r t of |
| reg is t ry | t h e | n a m e | a n d | coun t ry | of | t h e | mas te r | t h e | coun t ry | of | t h e |
| owners t h e n u m b e r of t h e crew and how m a n y are | of t h e | coun t ry | of |
| such ship | A n d if any goods be laden on board any ship or vessel |
| before such en t ry be made t h e mas t e r of such ship shall forfeit | t h e |
| s u m of Fif ty | Pounds | A n d before such sh ip or vessel depar t t h e |
| mas te r shal l b r ing and deliver t o t h e Collector or Control ler | or | o ther |
| proper | officer a conten t in wr i t ing u n d e r h i s h a n d of t h e goods | laden |
| a n d t h e names of t h e respective shippers and consignees of t h e | goods |
| wi th t h e m a r k s and n u m b e r s of t he packages | or | parcels | of t h e | same |
| a n d shal l m a k e oa th to t he t r u t h of such conten t as far as any of ship or vessel b o u n d from | such | par t i cu la r s can be known to h i m A n d t h e mas t e r of every |
N e w South W a l e s whe the r in bal las t or
laden shal l before depa r tu re come before t h e Collector or Control ler or o the r p roper officer and answer upon oa th all such quest ions con cern ing t h e ship or vessel and t h e cargo if any and t h e crew and t h e voyage as shal l be demanded of h i m by such officer and the reupon t h e Collector and Contro l ler or o ther p roper officer if such ship or vessel be laden shal l m a k e out a n d give to t h e mas t e r a certificate of t h e clearance of such ship or vessel for he r in tended voyage con ta in ing an account of t h e to t a l quan t i t i e s of t h e several sorts of goods laden there in or a certificate of her clearance in bal las t as t h e case m a y be and if t h e ship shal l depar t w i thou t such clearance or if t h e mas t e r
| shal l deliver a false content or shal l no t t r u l y answer t h e | quest ions |
| demanded of h i m h e shall forfeit | t he s u m of One H u n d r e d | P o u n d s . |
20. A n d be it fu r ther enacted Tha t t h e person en te r ing any
goods shal l deliver to t he Collector and Control ler or o ther proper officer a bill of t h e en t ry thereof fairly wr i t t en in words a t l eng th
| conta in ing t h e n a m e of t he expor ter or impor te r a n d | of | t h e | ship | a n d |
| of t h e mas t e r and of t h e place to or from | which | b o u n d | a n d of | t h e |
| place wi th in t h e por t where t h e goods arc to be laden | or u n l a d e n | and |
| the | pa r t i cu la r s | of t h e | qual i ty | and | quan t i t y | of t h e | goods and | t h e |
| packages con ta in ing | t h e | same | and | t h e | m a r k s | and | n u m b e r s | on | t h e |
| packages a n d two or more dupl icates as t h e case m a y requ i re of | such |
| bil l in which all sums and n u m b e r s may be expressed in | figures | and |
| the pa r t i cu la r s conta ined in such bills shal l be | wr i t t en | a n d | a r ranged |
| in such form a n d m a n n e r a n d the n u m b e r of | such | dupl ica tes shal l be |
| such as t he Collector and Control ler shal l r equ i re | A n d such | person |
shal l a t t h e same t ime pay down all dut ies due upon t h e goods a n d the Collector a n d Control ler or o ther proper officer shall t he reupon
| g ran t | the i r w a r r a n t | for | t he | lad ing or u n l a d i n g | of such | goods. |
2 1 . A n d be i t fur ther enacted Tha t if t h e impor t e r of any
goods shal l declare upon oa th before t h e Collector or Control ler or o ther proper officer t h a t he canno t for w a n t of full informat ion m a k e perfect ent ry thereof i t shall be lawful for t h e Collector or Control ler t o receive an e n t r y by bill of s ight for t h e packages or parcels of such goods by the best descript ion which can be given and to g r a n t a w a r r a n t the reupon in order t h a t t h e same m a y be landed and secured
| to t h e satisfaction of t h e officer of t h e Cus toms and a t t h e expense | of |
t h e impor te r and may be seen a n d examined by such impor t e r in t h e presence of t h e proper officers and wi th in th ree days after t h e goods shal l have been so landed t h e impor te r shall m a k e a perfect en t ry thereof a n d pay down all duties due the reon and in default of such
en t ry
e n t r y such goods shal l he t a k e n to t h e K i n g ' s warehouse and if t h e
impor te r shall no t w i th in one m o n t h after such l and ing m a k e perfect en t ry of such goods a n d pay t h e dut ies due the reon toge ther wi th charges of removal and warehouse r e n t such goods shal l be sold for t h e p a y m e n t thereof and t h e overplus if any shall be paid to t h e
propr ie tor of t h e goods. 22. A n d be i t fu r ther enacted T h a t in all cases whe re t he dut ies imposed u p o n t h e impor t a t ion of art icles in to t h e said Colony are charged no t according to weigh t ta le gauge or measu re b u t according to t h e va lue thereof such value shal l be ascer ta ined by the declarat ion of t h e impor te r of such art icles or h is k n o w n agen t in m a n n e r and form following t h a t is t o say
I A . B . do hereby declare t h a t t he art icles ment ioned in t he en t ry a n d conta ined in t h e packages [here
specifying
the
several
packages and describing the several marks and numbers as the case
may be a re of t h e va lue of
W i t n e s s m y h a n d th i s day of A . B .
The above declara t ion signed t h e day of
in t h e presence of C. D . Collector (or
o the r pr inc ipa l officer.) which declara t ion shal l be wr i t t en on the bill of en t ry of such art icles a n d shal l be subscr ibed w i t h t h e h a n d of t h e impor te r thereof
or h is k n o w n agen t in t h e presence of t h e Collector or o ther
p r inc ipa l officer of t h e Cus toms a t t h e po r t of impor t a t ion P r o
vided t h a t if u p o n view and examina t ion of such ar t ic les by t h e p roper officer of t h e Cus toms i t shal l appea r to h i m t h a t t h e said ar t ic les are not valued according to t h e t r u e pr ice and va lue thereof and according to t h e t r u e in ten t and m e a n i n g of th i s Act t h e n and in such case t h e impor te r or his k n o w n agen t shall be requi red to declare on oa th before t h e Collector or Control ler w h a t is t he invoice price of such art icles a n d t h a t he veri ly believes such invoice price is t he cur ren t va lue of t h e art icles a t t h e place from whence t h e said ar t icles were
impor ted and such invoice price w i t h t h e addit ion of t e n pounds per
c e n t u m thereon shall be deemed to be t h e va lue of t h e art icles in l ieu of t h e va lue so declared by t h e impor te r or h is k n o w n agen t and upon which t h e dut ies due the reon shal l be charged and paid Provided also t h a t if i t shall appear to t h e Collector and Control ler or other proper officer t h a t such art icles have been invoiced below the real and t r u e
value thereof a t t h e place from whence t h e same were impor ted or if
t h e invoice price is no t k n o w n the ar t icles shal l in such case be re
examined by t w o competent persons to be nomina ted and appoin ted by t h e Governor of t he said Colony a n d such person shall declare on oa th before t h e Collector or Control ler or o ther proper officer w h a t is t h e t r u e a n d real va lue of such ar t ic les a t t h e po r t of impor ta t ion a n d t h e va lue so declared on t h e oa ths of such persons shall be deemed to be t h e t r u e a n d real va lue of such art icles a n d upon which t h e dut ies due the reon shal l be charged and paid.
23. A n d be i t fur ther enacted T h a t if t h e impor te r of such
art icles shal l refuse to pay t h e dut ies imposed thereon i t shal l and m a y be lawful for t h e Collector or o ther chief officer of t h e Cus toms and he is hereby requi red to t ake and secure t h e same w i t h t h e casks or other packages thereof and to cause t h e same to be publ ic ly sold wi th in t h e space of t w e n t y days a t t h e mos t after such refusal made and at such t ime and place as such officer shal l by four or more days publ ic not ice appoin t for t h a t purpose which art icles shal l be sold to
t h e best bidder and t h e money ar i s ing from t h e sale thereof shall be
appl ied in t he first place in t h e p a y m e n t of t h e said dut ies toge ther
wi th
with t h e charges t h a t shall have been occasioned by the said sale and t h e overplus it any shall be paid to such impor te r or p ropr ie tor or any o the r person author ized to receive t h e same.
24. A n d be it fur ther enacted Tha t every impor te r of any goods shal l w i th in twen ty days after t h e a r r iva l of t he i m p o r t i n g sh ip or vessel m a k e due en t ry inwards of such goods and land t h e same and in default of such en t ry and l and ing it shall be lawful for t h e officers of t h e Customs to convey such goods to t h e K i n g ' s warehouse and if t h e duties due u p o n such goods be not paid wi th in th ree m o n t h s after such twenty days shall have expired toge the r w i th all charges of removal a n d warehouse r en t t h e same shall be sold and t h e produce thereof shal l be applied f i r s t to t he paymen t of freight and charges nex t of dut ies and the overplus if any shal l be paid to such impor te r or other person au thor ized to receive t h e same.
25. A n d be i t fur ther enacted T h a t whenever any goods shall
be t aken to and secured in any of the K i n g ' s warehouses in t h e said Colony for securi ty of t h e dut ies the reon or to p reven t t h e same from coming in to home use i t shall and may be lawful for t h e Collector and Control ler of H i s Majes ty ' s Cus toms to charge demand and receive warehouse ren t for such goods for all such t ime as t h e same shall r ema in in such warehouse a t the same ra te as may be payable for t he l ike goods when warehoused in any warehouse in which such goods
| m a y | be warehoused | w i t h o u t | p a y m e n t | of | du ty . |
| 26. A n d be i t fu r ther enacted and declared Tha t no goods shall be impor ted in to | New South W a l e s as be ing impor ted from the |
| U n i t e d K i n g d o m or from any other | Br i t i sh | possession (if | any | advan |
t age a t t a c h to such dist inct ion) unless such goods appear upon the cockets or o ther proper documents for t h e same to have been duly cleared ou twards at t h e por t of expor ta t ion in t h e Un i t ed K i n g d o m or in such other Br i t i sh possession nor unless t he g round upon such advan tage be claimed be s tated in such cocket or document .
27. A n d be i t fur ther enacted Tha t no en t ry nor any w a r r a n t
for t he l and ing of any goods or for t he t a k i n g of any goods out of any warehouse shal l be deemed valid unless t h e pa r t i cu la r s of t h e goods a n d packages in such en t ry shal l correspond wi th the pa r t i cu la r s of t he goods a n d packages p u r p o r t i n g to be t he same in t h e repor t of t h e ship or in t h e certificate or o ther document where any is required by which the i m p o r t a t i o n or en t ry of such goods is au thor ized nor unless t h e goods shal l have been proper ly described in such en t ry by t h e denominat ions
| a n d wi th t h e characters and c i rcumstances according to which such | goods are charged w i t h du ty or may be impor ted A n d any goods t aken | |
| or delivered ou t of any ship or out of any warehouse b y v i r t ue of any e n t r y or w a r r a n t no t cor responding or agreeing in all such respects or n o t p roper ly descr ibing t h e same shal l be deemed to be goods landed | ||
| ||
| 28. A n d be it fur ther enacted T h a t before any goods shall be shipped for expor ta t ion to t h e U n i t e d K i n g d o m as be ing t h e pro duce of th i s Colony or of V a n Diemen ' s L a n d or of New Zealand respectively and upon which any advan tage shall be claimed a t t he por t of impor ta t ion sufficient proof on oa th shal l be made to t he satis faction of the Collector and Control ler of t h e ident i ty of such goods be ing the p roduce of th i s Colony or of V a n Diemen ' s L a n d or of N e w Zealand respectively whereupon the Collector and Control ler are hereby empowered to g r a n t a certificate to tha t effect. |
29. A n d whereas it is expedient to m a k e regula t ions for t he
warehous ing of spir i ts tobacco and other goods which m a y be legally impor ted and it is therefore necessary to provide for t he appo in t i ng of proper warehouses and for t he lodging and securing such goods the re in Be it therefore enacted Tha t it shall be lawful
2 c for for t h e Collector and Control ler respectively by not ice in wr i t i ng u n d e r the i r h a n d s to appoint such warehouses respectively as shall be approved of by t h e m for t h e warehous ing a n d secur ing of goods there in for t h e purposes of th i s A c t and also by l ike not ice to revoke any such appo in tmen t or declarat ion Provided also t h a t every such notice shall be t r ansmi t t ed to the Governor a n d shall he
pub l i shed in such m a n n e r as he shall direct .
30. A n d be it fur ther enacted T h a t i t shal l be lawful for
t h e impor te r of any spiri ts tobacco or o ther goods to warehouse t h e same in t h e warehouses so appointed wi thou t p a y m e n t of any
d u t y on t h e first en t rance thereof subject never theless to t h e rules regula t ions res t r ic t ions and condit ions hereinaf ter contained. 3 1 . A n d be it fu r ther enacted T h a t all goods so warehoused
shall be stowed in such pa r t s or divisions of t h e warehouse a n d in such m a n n e r as t h e Collector and Control ler shall direct and if t h e occupier of t he warehouse shal l omit so to stow t h e same he shal l for every such omission forfeit t he sum of F ive P o u n d s
A n d t h a t t h e warehouse shal l be locked and secured in such m a n n e r a n d shal l be opened and visited in only a t such t i m e a n d in t h e pre sence of such officers and u n d e r such ru les and regu la t ions as t h e Collector and Control ler shal l direct A n d t h a t all such goods shal l after be ing landed upon impor ta t ion be carried to t h e warehouse or shall after be ing t a k e n out of t h e warehouse for expor ta t ion be carr ied to be shipped unde r such ru les and regula t ions as t h e Collector and Control ler shall direct .
32. A n d be it fur ther enacted Tha t if any impor te r or propr ie tor
of any goods warehoused or any o ther person shal l by any cont r ivance f radulent ly open t h e warehouse or ga in access to t h e goods except in t h e presence of t h e p roper officer ac t ing in t h e execut ion of his du ty such impor t e r p ropr ie tor or other person shal l forfeit and pay for
every such offence t h e s u m of F ive H u n d r e d P o u n d s . 33 . A n d be it further enacted Tha t upon t h e en t ry of any goods to be warehoused t h e impor t e r of such goods instead of pay ing down t h e dut ies due thereon shal l give bond with two sufficient suret ies to be approved of by t h e Collector and Control ler in t reb le t h e a m o u n t of duties payable on such goods wi th condit ion for t h e safe deposi t ing of such goods in t h e warehouse men t ioned in such en t ry and for t he p a y m e n t of all dut ies due upon such goods or for
t h e expor ta t ion thereof according to t h e first account t a k e n of such goods u p o n the l and ing of t h e same and wi thou t any aba t emen t on
account of deficiency except as b y th i s Ac t is otherwise provided and
wi th fu r ther condi t ion t h a t no p a r t thereof shal l be t a k e n out of such
warehouse u n t i l cleared from thence u p o n due en t ry and p a y m e n t of d u t y or u p o n due en t ry for expor ta t ion A n d if after such bond shal l have been given t h e goods or any p a r t thereof shall be sold or disposed of so t h a t t h e or iginal bonder shal l be no longer in teres ted in or have control over t h e same it shall he lawful for t he Collector and Control ler to admi t fresh securi ty to be given by t h e bond of the new propr ie to r or o ther person h a v i n g control over such goods wi th his sufficient suret ies a n d to cancel t h e bond given b y t h e original bonder of such goods or to exonera te h i m to t h e ex ten t of t h e fresh secur i ty so given.
34. A n d be it fu r ther enacted Tha t if any goods which have been entered to be warehoused shall no t be duly carr ied a n d deposi ted in t h e warehouse or shal l af terwards be t aken out of t h e warehouse wi thou t due en t ry and clearance or hav ing been en te red and cleared for expor ta t ion from the warehouse shall no t be duly carr ied and shipped or shal l af terwards be re- landed except w i th t h e permission of t h e proper officer of t he Cus toms such goods shal l be forfeited.
35. A n d be it fur ther enacted T h a t upon t h e en t ry a n d
l and ing of any goods to be warehoused t h e proper officer of t he Cus toms shal l t a k e a pa r t i cu la r account of t h e same and shal l m a r k t he contents
| on each package a n d shal l en ter t h e same in a book to be kep t | for |
| t h a t purpose | A n d no goods which have been so warehoused shall | be |
| t a k e n | or | delivered from | t h e | warehouse | except | u p o n due e n t r y a n d |
| u n d e r care of t h e proper officer | for expor ta t ion | or upon | due | en t ry |
| a n d p a y m e n t | of t h e | d u t y | for | home | use. |
36. A n d be i t fur ther enacted Tha t i t shal l be lawful for t h e
Collector and Control ler unde r such regula t ions as t hey shall see fit t o pe rmi t modera te samples to be t a k e n of any goods so ware housed wi thou t en t ry and wi thou t p a y m e n t of d u t y except as t he
| same shall u l t ima te ly become chargeable w i t h such | duty . |
37. A n d whereas spiri ts and tobacco and cer ta in o ther goods
| are l iable in t i m e to f luctuat ion | of q u a n t i t y | by t h e | effect | of | t he |
a tmosphere or o ther n a t u r a l causes Be i t therefore enac ted T h a t i t shall be lawful for t h e Collector and Control ler of t h e Cus toms or for t h e impor t e r or p ropr ie to r of any such goods as aforesaid to requi re t h e same to be r egauged or reweighed a t t h e t i m e when t h e same shal l be respect ively delivered from t h e said warehouse and t h e dut ies
| respectively | payable t he reon | shal l be paid according to t h e quan t i t y |
| ascer ta ined | upon such r e g a u g i n g | or reweighing | unless i t shal l be |
| m u t u a l l y | agreed | by | and be tween the said par t ies t h a t t h e said | dut ies |
| shal l be pa id | on t h e | quan t i t i e s | or iginal ly | entered. |
38 . A n d be i t fu r ther enacted Tha t it shal l be lawful for
| t h e Collector and Control ler unde r such regu la t ions as t hey | shal l |
see lit t o pe rmi t t h e propr ie tor or o ther person hav ing control over any goods so warehoused to sort separate pack and repack any such goods and to m a k e such lawful a l te ra t ions the re in or a r r a n g e m e n t s a n d assor tments thereof as m a y be necessary for t h e preservat ion of such goods or in order to t h e sale sh ipment or legal disposal of t h e same a n d also to pe rmi t any p a r t of such goods so separated to be destroyed b u t w i thou t prejudice to t h e c la im for d u t y u p o n t h e whole or ig inal quan t i t y of such goods Provided always t h a t i t shal l be lawful for any person to abandon any whole packages to t h e officers of t h e Cus toms for t h e dut ies w i thou t be ing l iable to any
| d u t y | u p o n | t h e | same. |
39. A n d be i t fur ther enacted Tha t all goods which have been
so warehoused shall be duly cleared e i ther for expor ta t ion or for home
| consumpt ion w i th in th ree years from t h e day of t h e first en t ry thereof | a n d if a n y such goods be no t so cleared i t shall be lawful for t h e Collector | ||||
| |||||
| applied first to t h e p a y m e n t of t h e duties n e x t t o t h e warehouse r en t and o the r charges a n d t h e overplus if any shal l be pa id t o t h e propr ie tors Provided always T h a t i t shall be lawful for t h e Collector | |||||
| |||||
| warehoused if t h e y shal l see fit so to do. |
40. A n d be i t fur ther enacted T h a t if any goods en te red or
warehoused or entered to be delivered from t h e warehouse shal l be lost or destroyed by any unavoidable accident e i ther on shipboard or in t h e l and ing or sh ipping of t h e same or in t h e receiving in to or del ivering from the warehouse i t shal l be lawful for t h e Governor of t h e Colony for t h e t ime-being to remi t or r e t u r n t h e dut ies payable or paid on t h e quan t i t y of such goods so lost or destroyed.
4 1 . A n d be it fur ther enacted Tha t in case i t shal l a t any t i m e
h a p p e n t h a t any embezzlement waste spoil or des t ruc t ion shall be m a d e of or in any goods or merchandize which shall be warehoused in warehouses unde r t h e au tho r i t y of th i s Act by or t h r o u g h any wilful misconduct of any officer or officers of Cus toms such officer or officers
shall
shal l be deemed gui l ty of a misdemeanor and shall upon conviction suffer such p u n i s h m e n t as may be inflicted by law in cases of misdemeanor and if such officer shal l be so prosecuted to conviction by the impor te r consignee or propr ie tor of t h e goods or merchandize so embezzled wasted spoiled or destroyed t h e n and in such case no du ty shal l be payable for or in respect of such goods or merchandize so embezzled wasted spoiled or destroyed a n d no forfeiture or seizure shall t ake place of any goods and merchandize so warehoused in respect of any deficiency caused by such embezzlement waste spoil or des t ruc t ion and t h e damage occasioned by such embezzlement was te spoil or des t ruc t ion of such goods or merchandize shall be repaid and m a d e good to such impor te r consignee or propr ie tor by t h e Collector and Contro l ler of t h e Cus toms unde r such orders regula t ions and directions as shall be for t h a t purpose m a d e and given by t h e Governor of t h e Colony for t he t ime-being.
42. A n d be it fur ther enacted Tha t all vessels t r ad ing from one
p a r t of t h e Colony to ano the r pa r t thereof beyond the H e a d s of P o r t
J a c k s o n or wi th any of t he is lands in t he Sou th Seas on which the re are no publ ic es tab l i shments E u r o p e a n or Amer ican and also all vessels employed in t h e whale seal or sea e lephant fisheries shal l be considered as engaged in t h e coas t ing or Colonial t r ade .
43 . A n d be it fur ther enacted Tha t no goods shall be laden on board any vessel in any pa r t of t h e Colony as aforesaid where a n y officer of Cus toms shal l or m a y be hereafter s ta t ioned to be carr ied coastwise no r hav ing been b r o u g h t coastwise shal l be un l aden un t i l due not ice in wr i t i ng signed by the mas te r shal l be given to t h e Collector Control ler or o ther proper officer by t he mas t e r owner or agen t of such vessel of t h e in ten t ion to lade goods on board t h e same to be so carried or of t h e a r r iva l of such vessel w i th goods so b r o u g h t as t he case m a y be nor un t i l proper documents shall have been g ran ted as hereinafter directed for t h e lad ing or u n l a d i n g of such goods and such goods shal l no t be laden or un laden except at such t imes and places and in such m a n n e r and by such persons and unde r t h e care of such officers as is and are hereinafter directed and all goods laden to be so
carr ied or b r o u g h t to be so un laden con t ra ry here to shal l be forfeited. 44. A n d be it fur ther enacted T h a t all vessels and boats be longing in t h e whole or in p a r t to H i s Majes ty ' s subjects hav ing false bu lkheads false bows double sides or bo t toms or any secret or disguised place whatsoever in t h e cons t ruc t ion of t h e said vessel or boa t for t h e purpose of conceal ing goods or hav ing any hole p ipe or
o ther device in or about t h e vessel or boat adapted for t h e purpose of
r u n n i n g goods shall be forfeited wi th all t h e guns furn i ture a m m u n i t ion t ack le and appare l be longing to such vessel or boa t A n d all goods l iable to t h e p a y m e n t of dut ies or prohib i ted to be impor ted into th i s Colony found concealed on board any vessel or boat or in any of t h e packages of goods on board or in or u n d e r n e a t h t h e bal las t or in any o the r place on board such vessel or boat shal l be forfeited.
45 . A n d be it fu r ther enacted Tha t if any vessel or boat whatsoever shall be found wi th in t h e l imits of any por t in th i s Colony wi th a cargo on board and such vessel shal l af terwards be found l igh t or in bal las t and the mas t e r is unab le to give a due account of t h e po r t or place wi th in t h e Colony where such vessel shall have legally discharged her cargo such vessel or boat wi th her guns fu rn i tu re
a m m u n i t i o n tack le and apparel shall be forfeited. 46. A n d he it fur ther enacted Tha t if any ship shal l have become liable to forfeiture on account of any goods laden therein or un laden therefrom or if t h e mas t e r of any ship shall have become liable to any penal ty on account of any goods laden in such ship or un laden therefrom a n d such goods shal l be small in quantity or of trifling value and it shall be m a d e to appear to t he satisfac
tion
t ion of t h e Governor of t he Colony for t h e t ime-be ing t h a t such goods h a d been laden or un laden con t ra ry to t h e in ten t ion of t he owners of such ship or w i thou t t he pr iv i ty of t he mas te r thereof as t h e case m a y be i t shal l be lawful for t h e said Governor to r emi t such forfeiture and also to r emi t or mi t i ga t e such pena l ty as he shal l see reason to acqui t such mas te r of all b l ame in respect of such offence or m o r e or less to a t t r i bu t e t h e commission of such offence to neglect of d u t y on his p a r t as mas te r of such ship A n d every forfeiture and every penal ty or p a r t thereof so r emi t t ed shall be nu l l and void and no sui t or act ion shal l be b r o u g h t or m a i n t a i n e d by any person whatever on account thereof.
47. A n d be it fu r ther enacted Tha t every person who shall assist or be otherwise concerned in t h e u n s h i p p i n g of any goods which are prohibi ted or t h e dut ies for which have not been pa id or secured or who shall knowing ly h a r b o u r keep or conceal or who shal l knowing ly pe rmi t or suffer to be ha rboured kep t or concealed any goods which have been illegally unsh ipped wi thou t p a y m e n t of dut ies or which have been i l legally removed wi thou t p a y m e n t of t h e same from any warehouse or place of secur i ty in which they m a y have been original ly deposited shall forfeit c i ther t h e t reble value thereof or t h e pena l ty of
One H u n d r e d P o u n d s at t h e election of t h e officers of t h e Cus toms.
48. A n d be i t fu r ther enac ted T h a t t h e owner of every vessel
be longing in t he whole or in pa r t to any of H i s Majes ty ' s subjects shal l w i th in twenty-four hour s after her repor t pa in t or cause to be pa in ted upon the outs ide of t he s te rn of every boat be longing to such vessel t h e n a m e of such vessel a n d the por t or place to which she belongs and t h e mas te r ' s n a m e wi th ins ide t he t r a n s u m in whi te or
yellow R o m a n le t ters no t less t h a n two inches in l eng th on a black g r o u n d on pa in of t h e forfeiture of such boat no t so m a r k e d wherever t h e same shal l be found.
49. A n d be i t fur ther enacted Tha t t h e owner of every boat no t be longing to any vessel shal l pa in t or cause to be pa in ted upon the s tern of such boat in wh i t e or yellow R o m a n le t te r s of two inches in l eng th on a black g round t h e n a m e of t he owner or owners of t h e boat and t h e por t or place to which she belongs on pa in of t h e forfeiture of such boat n o t so m a r k e d wherever t h e same shall be found.
50. A n d be i t fur ther enacted T h a t no vessel or boa t u n d e r t h e
t o n n a g e allowed by law to be regis tered shal l be employed e i ther in t h e remova l of goods passengers or for any purpose wha tever unless
duly licensed according to t h e form hereinafter s tated.
5 1 . A n d be i t fu r ther enacted T h a t t h e license for every vessel
or boa t r equ i r i ng license u n d e r th i s A c t shall be g ran ted by t h e Collector and Control ler of t h e Cus toms A n d such license shall set for th t h e n a m e or names of t h e owner or owners thereof and his or the i r place or places of abode and t h e m a n n e r and l imi ts in which such
| boat is to be used toge ther | w i th | any other pa r t i cu la r s | which t h e said |
Collector and Control ler m a y requ i re and direct A n d t h a t t h e owner or owners thereof shal l give his or the i r own securi ty by bond wi th two sufficient persons (being housekeepers) in t reb le t h e value of such vessel or boa t w i th condit ions as follows t h a t is to say t h a t the vessel or boat shal l no t be employed in t h e impor t a t ion l and ing or r emoving of any prohib i ted or uncus tomab le goods cont ra ry to t h e t r u e in ten t and m e a n i n g of th i s Act or any o ther Ac t re la t ing to t h e R e v e n u e of Cus toms nor in t h e expor t ing of goods or removal of pr i soners nor in t h e re - land ing of goods cont rary to law no r shall receive or t ake on board or be found a t sea w i th any goods subject to forfeiture nor shall do any t h i n g cont rary to th i s Ac t or any Act hereafter to be made re la t ing to t h e Revenue of Cus toms or t he protect ion of t he t r ade commerce or custody of t h e pr isoners of the
Crown
Crown in th is t e r r i to ry nor shal l he employed otherwise t h a n ment ioned in t h e license and wi th in t he l imits the re in men t ioned A n d in case of loss b reak ing -up or disposal of such vessels or boa ts t h a t t he license shal l be delivered u p wi th in six m o n t h s from the date of such loss b reak ing -up or disposal of such vessel to t he Collector
a n d Control ler of t he Cus toms .
52. A n d be i t fur ther enac ted T h a t t he mas t e r or owner of any
vessel fitting out for t h e fisheries or for a long voyage in t he Colonial t r ade shall be pe rmi t t ed to ship such quan t i t y of spiri ts a n d tobacco from bond free of du ty for t h e use of t h e crew in a p ropor t ion not exceeding one gal lon of spir i ts and half a p o u n d of tobacco for each m a n on board for every m o n t h t h e vessel m a y reasonably be expected to be absent the mas te r and owner to enter in to a bond wi th t w o sufficient suret ies in t h r ee t imes t h e a m o u n t of dut ies t h a t no p a r t
thereof shal l be re- landed in t he Colony wi thou t due en t ry a t t he
C u s t o m H o u s e t h e sh ipment thereof to t a k e place unde r t h e inspect ion of a n officer of t h e Cus toms.
53 . A n d be i t fu r ther enac ted T h a t i t shal l no t be lawful for
any person to act as agen t for t r an sac t i ng any business a t t h e Custom house which shall re la te to t h e en t ry or clearance of any ship or of a n y goods or of any baggage unless au thor ized so to do by license of t h e Collector and Control ler who are hereby empowered to requi re bond to be given by every person to w h o m such license shall be g ran ted wi th one sufficient su re ty in t h e s u m of two h u n d r e d pounds for t h e faithful a n d unco r rup t conduct of such person and of his clerks ac t ing for h i m A n d if any person shal l act as such agen t no t be ing so licensed or if any person shal l be in pa r tne r sh ip in such agency wi th any person n o t so licensed such person shal l in e i ther case for every such offence forfeit t h e s u m of One H u n d r e d P o u n d s Provided a lways t h a t n o t h i n g here in contained shal l ex tend to prevent t h e clerk or servant of any person or persons in co-par tnership from t ransac t ing any bus iness a t t h e Cus tom-house on account of such person or persons w i t h o u t such license provided such clerk or servant shall no t t r ansac t any such bus iness as clerk servant or agen t to any o ther person.
54. A n d be it fu r ther enacted Tha t if any person shal l counter feit or falsify or wilfully use w h e n counterfei ted or falsified any en t ry w a r r a n t or o ther document for t h e u n l a d i n g l ad ing en te r ing repor t ing or clearing of any ship or vessel or for t h e l and ing or sh ipp ing of any goods stores baggage or ar t icles whatever or shal l by any false s ta te
m e n t p rocure any wr i t i ng or document to be m a d e for any of such purposes every person so offending shal l for every such offence forfeit t h e s u m of Two H u n d r e d P o u n d s P rov ided a lways Tha t th i s pena l ty shal l no t a t t ach to any pa r t i cu la r offence for wh ich any other penal ty shal l be expressly imposed by th i s A c t or any o ther law in force for
t h e t ime-being. 55 . A n d whereas i t is expedient to remove all doubts which
m a y be ra ised concern ing t h e appl ica t ion of cer ta in clauses of t h e saidreci ted A c t of P a r l i a m e n t passed in t h e s ix th year of H i s present
Majesty in t h e said Colony and i ts Dependencies Be i t therefore fur ther
enacted a n d declared Tha t so m u c h of t h e said A c t of P a r l i a m e n t as
relates to t h e forfeiture of vessels and o ther t h i n g s m a d e use of in t h e removal of goods liable to forfeiture u n d e r t h a t Act to t h e powers of
seizing t h e same a n d to t h e m a n n e r of proceeding for t h e recovery of all forfeitures and penal t ies and all m a t t e r s and th ings re la t ing there to t h a t is to say all m a t t e r s a n d th ings conta ined in t h e said Act of Par l i ament from section fifty-one to section sixty-one inclusive and from section s ix ty- three to section sixty-seven inclusive shal l ex tend and be in force and shall be deemed and t a k e n to have ex tended and been in
force
force in the said Colony and i ts Dependencies in l ike m a n n e r as if t h e same a n d every p a r t thereof had been copied and enacted in a n y L a w or Ord inance of t h e Governor and Counci l of t he said Colony.
56. A n d be it fu r ther enacted That all penal t ies and forfeitures imposed or i ncu r red by or under th i s L a w or Ordinance shal l be subject a n d l iable to such and t h e l ike ru les forms course and m a n n e r of proceeding in respect of t he seizing su ing for a n d recover ing of t h e same as in and by the said reci ted A c t of P a r l i a m e n t a n d t h e clauses hereinbefore referred to are provided and directed in respect of pena l t ies and forfeitures incur red u n d e r and by v i r t ue of such Act of P a r l i a m e n t .
57. A n d be it fur ther enacted Tha t no person shal l be admi t t ed
to en te r a c la im to any t h i n g seized in pu r suance of t h i s or of any o ther law re la t ing to t he Cus toms of t h e said Colony u n t i l sufficient secur i ty shal l have been given in t h e Cour t whe re such seizure is p rosecu ted in a pena l ty no t exceeding sixty pounds to answer and pay t h e costs occasioned by such claim and in default of giving such securi ty such th ings shall be adjudged to be forfeited and shall be condemned.
58 . Prov ided always and he it fu r ther enacted T h a t as often as any t h i n g seized in pu r suance of th i s or of any other law re l a t ing to t h e Cus toms in t h e said Colony shal l be in va lue of a less a m o u n t t h a n t w e n t y p o u n d s and shal l be so sworn by affidavit duly m a d e in such behalf i t shal l be lawful for t h e officer seizing t h e same to prosecute for t h e forfeiture and recovery thereof in a s u m m a r y m a n n e r before any two or more Jus t i ces of t h e Peace for t h e said Colony and the award or decision of such Jus t ices of t h e Peace shal l be final and such Jus t i ces of t h e Peace shall have all and every t he l ike powers and au thor i t i e s t ouch ing and concerning such last men t ioned forfeitures
and penal t ies as are by t h e said reci ted A c t of P a r l i a m e n t vested in any Cour t of Record or of Vice-Admira l ty h a v i n g jur i sd ic t ion in t h e said Colony. 59. A n d be it fu r ther enacted That all act ions or su i t s for t he
recovery of a n y of t h e penal t ies or forfeitures imposed by th i s or any
o ther l aw re la t ing to t h e Cus toms in t h e said Colony m a y be com menced and prosecuted a t any t i m e wi th in t h r e e years after t h e offence commit ted by reason whereof such pena l ty or forfeiture shal l be incur red .
60. A n d be i t fu r ther enacted T h a t no decree or sentence of any
of t h e said Cour t s t ouch ing any forfeiture or penal ty imposed by th i s or any o the r law re la t ing to t h e Cus toms of t he said Colony shal l be suspended or s tayed unless an inh ib i t ion in due course of law shal l be obta ined and served upon t h e pa r ty or par t ies in tended to be res t ra ined
the reby wi th in e ighteen calendar m o n t h s from t h e t i m e w h e n such decree or sentence was pronounced .
61. A n d be i t fu r ther enacted That all forfeitures and penal t ies
recovered unde r th i s or any o ther law in force in t h e said Colony a n d re la t ing to t he R e v e n u e of Cus toms shall be divided pa id a n d applied as follows t h a t is to say after deduc t ing the charges of prosecut ion a n d sale from t h e produce thereof one moie ty shal l be pa id to t h e Colonial Treasurer to be appropr ia ted towards t h e Government of t he said Colony in such m a n n e r as t h e Governor ac t ing wi th t he advice
a n d consent of t h e Legis la t ive Counci l shal l by law appoin t a n d t h e
o the r moie ty to t h e person who shal l seize inform a n d sue for t h e same. Clauses
Clauses of the Statute 6 Geo. IV. cap. 114 referred to in section 55
of the foregoing Act viz. :—
5 1 . A n d be i t fur ther enacted T h a t all vessels boats and
carr iages and all cat t le m a d e use of in the removal of any goods l iable to forfeiture unde r th i s A c t shal l be forfeited and every person who shal l assist or be otherwise concerned in t h e unsh ipp ing land ing or removal or in t he ha rbou r ing of such goods or in to whose hands or possession t h e same shal l knowing ly come shall forfeit t he t reble
va lue thereof or t h e pena l ty of One H u n d r e d P o u n d s at t h e election of
t h e officers of t h e Cus toms A n d t h e averment in any informat ion or libel t o be exhibi ted for t h e recovery of such pena l ty t h a t t h e officer proceeding has elected to sue for t h e s u m ment ioned in t h e informat ion shal l be deemed sufficient proof of such election wi thou t any o ther or fu r the r evidence of such fact.
52. A n d be it fu r ther enacted Tha t all goods and all ships
vessels and boats and all carr iages and all ca t t le l iable to forfeiture unde r t h i s A c t shal l and m a y be seized a n d secured by any officer of t h e Cus toms or N a v y or by any person employed for t h a t purpose by or wi th t h e concurrence of t h e Commissioners of H i s Majesty 's Cus toms and every person who shall in any way h inde r oppose molest or obs t ruct any officer of t h e Cus toms or N a v y or any person so employed as aforesaid in t h e exercise of h is office or any person ac t ing in his aid or assis tance shal l for every such offence forfeit t h e s u m of
Two H u n d r e d P o u n d s .
53 . A n d be it fu r ther enacted T h a t u n d e r au tho r i t y of a wr i t
of assis tance g ran t ed by t h e Super ior or Supreme Cour t of Ju s t i ce or
Cour t of Vice-Admira l ty hav ing ju r i sd ic t ion in t h e place (who arc
he reby au thor ized and requi red to g r a n t such wr i t of assis tance u p o n
appl ica t ion m a d e to t h e m for t h a t purpose by t h e pr incipal officers of
H i s Majes ty ' s Cus toms) it shal l be lawful for any officer of t h e Cus toms t a k i n g wi th h i m a Peace Officer to enter any bu i ld ing or o the r place in t h e day- t ime and to search for and seize and secure any goods liable to forfeiture u n d e r th i s Ac t a n d in case of necessity to b reak open any doors and any chests or o ther packages for t h a t purpose and such wri t of ass is tance w h e n issued shall be deemed to be in force d u r i n g the whole of t he re ign in which the same shall have been g ran ted and for twelve m o n t h s from t h e conclusion of such reign.
54. A n d be it fu r ther enacted Tha t if any person shall by force
or violence assaul t resist oppose molest h inder or obs t ruc t any officer of t h e Cus toms or N a v y or o ther person employed as aforesaid in t h e exercise of h is office or any person ac t ing in his aid or assistance such person be ing thereof convicted shal l be adjudged a felon and shal l be proceeded aga ins t as such and pun i shed a t t h e discret ion of t he Cour t before w h o m such person shal l be t r ied.
55. A n d be it fur ther enacted T h a t all t h ings which shal l be
seized as be ing l iable to forfeiture unde r th i s Ac t shal l be t a k e n for thwi th and delivered in to t h e custody of t h e Collector and Control ler of t h e Cus toms at t he Cus tom-house nex t to t h e place w h e r e t he same were seized who shal l secure t he same by such means and in such m a n n e r as shal l be provided and directed by the Commissioners of H i s Majesty 's Cus toms.
56. A n d be i t fur ther enac ted T h a t all t h ings which shal l have been condemned as forfeited unde r th i s Ac t shall unde r t h e direction of t he Collector and Contro l ler or o ther pr inc ipa l officer of t h e Cus toms a t t he por t where such seizures shal l have been secured be sold by publ ic auc t ion to t h e bes t b idder Provided a lways t h a t i t shall be lawful for t h e Commiss ioners of t he Cus toms to direct in w h a t m a n n e r t h e produce of such sale shall be applied or in lieu of such
sale
sale to direct t h a t any of such th ings shal l he destroyed or shal l he
reserved for t h e publ ic service.
57. A n d be it fur ther enacted T h a t all penal t ies and forfeitures which m a y have been heretofore or m a y be hereafter incur red shall and may be prosecuted sued for a n d recovered in any Cour t of Record or of Vice-Admira l ty hav ing jur isd ic t ion in t h e Colony or P l an t a t i on where t he cause of prosecut ion arises and in cases where t he r e shall h a p p e n to be no such Cour t s t h e n in any Cour t of Record or of Vice- A d m i r a l t y h a v i n g jur isd ic t ion in some Br i t i sh Colony or P l a n t a t i o n near to t h a t where t h e cause of prosecut ion arises Provided t h a t in cases where a seizure is made in any other Colony t h a n t h a t where t he forfeiture accrues such seizure m a y be prosecuted in any Cour t of Record or of Vice-Admira l ty hav ing jur isd ic t ion ei ther in t h e Colony or P l a n t a t i o n where t h e forfeiture accrues or in t h e Colony or P l an ta t ion
| where t h e seizure is m a d e a t t h e election of t h e seizor or | prosecutor |
| A n d in cases where the re shal l happen to be no such Cour t s in | e i ther |
| of t h e las t -ment ioned | Colonies | or P l an t a t i ons | t hen | in t h e | Cour t | of |
| Record | or | of | Vice-Admira l ty | h a v i n g jur isdic t ion | in | some | Br i t i sh |
| Colony or P l a n t a t i o n | near to t h a t where t h e forfeiture accrues | or to t h a t |
where t h e seizure is m a d e a t t h e election of t h e seizor or prosecutor .
58. A n d be i t fur ther enacted Tha t if any goods or any ship or
| vessel shal l be seized as forfeited u n d e r th i s Ac t or any Ac t | hereafter |
| to be m a d e a n d deta ined | in any of t he Br i t i sh Possessions in Amer ica |
| i t shal l be lawful | for t h e | J u d g e | or J u d g e s | of | any | Cour t | hav ing |
jur i sd ic t ion to t r y and de te rmine such seizure wi th t he consent of t h e Collector and Control ler of t h e Customs to order t h e delivery thereof on securi ty by bond wi th two sufficient suret ies to be first approved by such Collector and Control ler to answer double t h e value of t h e same in case of condemnat ion and such bond shall be t aken to t he use of H i s Majesty in t h e n a m e of t he Collector of t h e Customs in whose cus tody t h e goods or t h e ship or vessel m a y be lodged and such bond shall be delivered and kep t in t he jo in t custody of such Collector a n d his Control ler and in case t h e goods or t h e ship or vessel shall be condemned t h e value thereof shall be paid in to t he h a n d s of such Collector who shall the reupon wi th t h e consent or pr iv i ty of his Control ler cancel such bond.
59. A n d be it fu r ther enacted T h a t no suit shal l be com
| menced for t h e recovery of any pena l ty or forfeiture | u n d e r th i s | Act |
| except in t h e n a m e of some superior officer of t h e | Cus toms | or | N a v y |
| or o the r person employed as hereinbefore | ment ioned or of | H i s |
Majes ty ' s Advoca te or A t t o r n e y Genera l for t h e place whe re such suit shall be commenced and if a quest ion shall arise whe the r any person is an officer of t h e Cus toms or N a v y or such o ther person as aforesaid viva voce evidence m a y be given of such fact and shal l be deemed legal and sufficient evidence.
60. A n d be i t fur ther enacted T h a t if any goods shal l be seized for n o n - p a y m e n t of dut ies or any o ther cause of forfeiture and any dispute shal l arise whe the r t h e dut ies have been pa id for t h e same or the same have been lawfully impor ted or lawfully laden or exported t h e proof thereof shal l lie on t h e owner or c laimer of such goods and no t on the officer who shal l seize and stop t h e same.
6 1 . A n d be i t fu r ther enacted Tha t no claim to any t h i n g seized
u n d e r th i s Act and r e t u r n e d in to any of H i s Majes ty ' s Cour t s for adjudicat ion shall be admi t t ed unless such claim be entered in t he n a m e of t h e owner w i th his residence and occupat ion no r unless oath to t h e p roper ty in such t h i n g be made by t h e owner or by his a t to rney or agen t by whom such claim shal l be entered to t h e best of his knowledge and belief and every person m a k i n g a false oa th there to
2 D shall shal l ho deemed gui l ty of a misdemeanor and shall he liable to the
pains and penal t ies to which persons are l iable for a misdemeanor .
63 . A n d be it fu r ther enacted Tha t no "writ shal l be sued out
aga ins t no r a copy of any process served upon any officer of the Cus toms or N a v y or o ther person as aforesaid for any t h i n g done in t h e exercise of his office u n t i l one calendar m o n t h after not ice in wri t ing shall have been delivered to h i m or left at his usua l place of abode by t h e a t to rney or agent to t h e pa r ty who in tends to sue out such wr i t or process in which notice shal l be clearly a n d explici t ly conta ined t h e cause of the act ion t he n a m e a n d place of abode of the
person who is to b r ing such act ion and t h e n a m e a n d place of abode of t h e a t to rney or agent and no evidence of t h e cause of such act ion shal l be produced except of such as shall be conta ined in such not ice and no verdict shall be given for the plaintiff unless he shall prove on the t r ia l t h a t such notice was given and in default of such proof t he defendant shall receive in such action a verdict and costs.
64. A n d be it further enacted Tha t every such action shall be b r o u g h t wi th in th ree calendar m o n t h s after t h e cause thereof and shal l be laid and tr ied in t h e place or distr ict where t h e facts were commi t t ed and the defendant m a y plead t h e general issue and give t h e special matter in evidence and if t he plaintiff shall become non sui ted or shal l d iscont inue t h e act ion or if upon a verdict or demur re r j u d g m e n t shall be given against t h e plaintiff the defendant shall receive t reb le costs and have such remedy for t he same as any defendant can have in o ther cases where costs are given by law.
65 . A n d be it fu r ther enacted Tha t in case any informat ion or suit shal l be b rough t to t r i a l on account of any seizure m a d e under th i s A c t and a verdict shall he found for t he c la imant thereof a n d t h e J u d g e or Cour t before whom the cause shall have been t r ied shal l certify on the record t h a t the re was probable cause of seizure t h e c la imant shal l not be ent i t led to any costs of suit nor shall the person who made such seizure be l iable to any action indic tment or o ther suit or prosecut ion on account of such seizure and if any act ion ind ic tmen t or o ther suit or prosecut ion shall he . b rough t to t r i a l agains t any person on account of such seizure where in a verdict shal l be given against t h e defendant t h e plaintiff besides t h e th ing seized or the value thereof shal l not be ent i t led to more t h a n two pence damages nor to any costs of suit nor shall t h e defendant in such
prosecut ion be fined more t h a n one shil l ing. 66. A n d be i t fu r ther enac ted Tha t it shall be lawful for such officer wi th in one ca lendar m o n t h after such not ice to t ender amends to t h e p a r t y compla in ing or his agent and to plead such tender in bar to any act ion toge ther w i th o ther pleas and if t he j u r y shall find the amends sufficient they shall give a verdict for t he defendant and in such case or in case t h e plaintiff shal l become nonsui ted or shall dis cont inue his act ion or j u d g m e n t shal l be given for t h e defendant upon demur re r t h e n such defendant shall be ent i t led to t h e l ike costs as he would have been ent i t led to in case he had pleaded t h e general issue only Provided always tha t it shall be lawful for such defendant by leave of t h e Court where such act ion shal l be b rough t a t any time before issue jo ined to pay money in to Cour t as in o ther act ions.
67 . And be it fu r ther enacted Tha t in any such action if the J u d g e or Cour t before whom such act ion shal l be t r ied
shal l
certify
upon the record t h a t the defendant or defendants in such ac t ion acted upon probable cause t h e n t h e plaintiff in such action shal l n o t be ent i t led to more t h a n two-pence damages nor to any costs of suit.
No. V I I .
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