Customs Act 1839 No 4a (NSW)
No. III.
An Act to repeal an Act relating to the Revenue of Customs in New South Wales and to pro vide for the general regulation thereof. [24th July, 1839.]
Order of H i s la te Majesty or of H e r present Majesty Queen Victor ia in Council has been received in th i s Colony and i t is expedient to m a k e provision
WH E R E A S South W a l e s was passed in t he fifth year of t h e re ign of
a cer ta in A c t of t he Governor and Council of N e w
H i s la te Majesty K i n g Wi l l i am t h e F o u r t h in t i tu led " An Act to
" provide for the general regulation of the Revenue of Customs in
" New South Wales " A n d whereas by a cer tain Ac t of P a r l i a m e n t
passed in t he th i rd and four th years of t h e re ign of H i s said Majesty
in t i tu led " An Act to regulate the Trade of the British Possessions abroad " i t was amongs t other t h ings enacted Tha t i t should be lawful for H i s Majesty by and wi th t he advice of H i s P r ivy Council by any Order or Orders to be issued from t ime to t ime to give such directions and m a k e such regula t ions touch ing t h e t r ade and com
merce to and from any Br i t i sh Possession wi th in t h e l imi ts of t h e E a s t I n d i a Company ' s char te r (excepting t h e possessions of t h e said Company) as to H i s Majesty in Council should appear most expedient and sa lu tary and t h a t if any goods should be impor ted or expor ted in any m a n n e r cont rary the re to t h e same should be forfeited together
w i th t h e ship impor t ing or expor t ing t h e same A n d whereas n o such
provision for r egu la t ing t h e Customs and Trade wi th in t he said Colony Be i t therefore enacted by t h e Governor of New South Wales w i th t he advice of t he Legis la t ive Council of t h e same Tha t after t he pass ing of th is A c t t h e said recited Act of t h e Governor and Council shall be and the same is hereby repealed and t h a t th i s Ac t shall come in to and be and cont inue in full force and operat ion for r egu la t ing the Customs and Trade w i th in t h e said Colony and its Dependencies.
2. A n d be i t enacted T h a t every person employed on any du ty or service re la t ing to t he Cus toms wi th in t he said Colony or i ts De pendencies by the orders or w i th t h e concurrence of t h e Governor of t h e said Colony or of t h e Commissioners of H e r Majesty 's Cus toms (whether previously or subsequent ly expressed) shall be deemed to be t h e officer of t he Customs for t h a t du ty or service a n d t h a t every act m a t t e r or t h i n g required by any law a t any t ime in force to be done or performed by to or wi th any par t icu la r officer nomina ted in such law for such purpose being done or performed by to or wi th any person appointed by the Governor of t he said Colony or t he Commissioners of H e r Majesty 's Customs to act for or in behalf of such par t i cu la r officer t h e same shall be deemed to be done or performed by to or wi th such
| par t i cu la r | officer. |
3. A n d be i t enacted T h a t if any officer clerk or o ther person ac t ing in any office or employment in or belonging to t h e Customs in said Colony shall t ake or receive any fee perquis i te g ra tu i ty or reward whe the r pecuniary or of any other sort or description whatsoever directly or indirect ly from any person no t being a person duly appointed to some office in t he Customs on account of any t h i n g done or to be done by h im or in any way re la t ing to his said office or employment except such as he shall receive unde r any order or permission of the Governor of t he said Colony t h e Commissioners of H e r Majesty's Treasury or t h e Commissioners of H e r Majesty 's Customs every such officer so offending on proof thereof to the Governor of t he said Colony or to t he Commissioners of H e r Majesty 's Cus toms shall be dismissed from bis office and if any person not be ing a person duly appointed to some office in the Customs shall give offer or promise to give any such fee perquis i te gra tui ty or reward such person shall for every such offence forfeit t he sum of one hundred pounds .
4. A n d be i t enacted That if any officer of the Customs or other person duly author ized to act as such shall m a k e any collusive seizure or deliver u p or m a k e any agreement to deliver u p or no t to seize any vessel boat or goods liable to forfeiture or t ake any br ibe g ra tu i ty
| recompense or reward for t h e neglect or non-performance of his duty | every such officer or o ther person shall forfeit for every such offence |
| t he sum of five hundred pounds . | |
| 5. A n d be it enacted Tha t every person who shall give or offer or promise to give any br ibe recompense or reward or shall m a k e any collusive agreement wi th any such officer as aforesaid to induce h i m in any way to neglect his du ty or to do or conceal or connive at any act whereby any of t he provisions of any Act of t he I mpe r i a l Par l ia m e n t or any law ru le order or regula t ion in force wi th in the said Colony may be evaded every such person shall whether t he offer be accepted or performed or not forfeit t he sum of two hund red pounds. | |
| G. A n d be it enacted Tha t i t shall be lawful for t he Collector or other pr incipal officer of t he Customs with t he sanct ion of t h e Governor of t he said Colony from t ime to t ime to appoin t t he hours of general a t tendance of t h e respective officers and other persons unde r thei r survey a t thei r proper offices and places of employment . | |
| 7. A n d be i t enacted Tha t no officer of Cus toms no r person employed in t he collection or managemen t of or account ing for the R e v e n u e of Cus toms or any part, thereof nor any clerk or o ther |
person
person ac t ing u n d e r t h e m shall dur ing the t ime of his ac t ing as such afficer or of his be ing so employed as aforesaid or of his ac t ing as such clerk or o ther person as aforesaid as the case may be be compelled to serve in any other publ ic office or employment or to serve on any jury or inques t or in t he mil i t ia any law usage or cus tom to t h e
contrary thereof no twi ths tand ing . 8. A n d be i t enacted T h a t no day shall be kep t as a publ ic holiday by t h e Cus toms except Chr i s tmas Day and Good F r i d a y in every year and any days appoin ted by t h e Governor ' s P roc lamat ion for t he purpose of a General Fas t or of a General Thanksgiv ing and also such days as shall be appointed for t h e celebration of t h e B i r th Days of H e r Majesty and of H e r Successors.
9. A n d be i t enacted T h a t in all cases where in proof on oath or affirmation shall be requi red by any law or shall be necessary in any m a t t e r re la t ing to t he Customs t h e same may be made before the Collector or o ther pr incipal officer where such proof or affirmation shall be requ i red to be made or before t h e persons ac t ing for t h e m respectively and who are hereby authorized and empowered to adminis ter t he same.
10. A n d be i t enacted Tha t upon examinat ions and inquir ies
made by t h e Collector or other pr incipal officer of Cus toms or other persons appointed by the Commissioners of Cus toms to m a k e such examinat ions and inquir ies for ascer ta in ing t h e t r u t h of facts relat ive to t he Customs or the conduct of officers or persons employed there in any person examined before t h e m or h i m as a wi tness shall deliver t e s t imony on oath to be adminis tered by such Collector or o ther pr incipal officer or such other person as shall examine h i m and who are hereby author ized to adminis ter such oath and if such person shal l be convicted of m a k i n g a false oath touch ing any of t h e facts so testified on oath or of giving false evidence on his examina t ion on oath before such Collector or o ther pr incipal officer of Cus toms or such other person in conformity to t he directions of th i s Ac t every such person so convicted as aforesaid shall be deemed gui l ty of per jury and shall be liable to t he pa ins and penal t ies to which persons are liable for wilful and cor rupt per jury.
1 1 . A n d whereas i t is expedient t ha t t h e officers of Customs
should have full cognizance of all ships coming into any por t in t he said Colony or approach ing t h e coasts thereof and of all goods on board or which may have been on board such ships and also of all goods un laden from any ship in any por t or place in t h e said Colony Be it therefore enacted Tha t no goods shal l be un laden from any ship a r r iv ing from p a r t s beyond t h e seas at any por t or place in t he said Colony nor shall bu lk be broken after t h e arr ival of such ship w i th in four leagues of t he coasts thereof respectively before due repor t of such ship and due en t ry of such goods shall have been m a d e and w a r r a n t g ran ted in m a n n e r hereinafter directed and t h a t no goods shall be so un laden except a t 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 t h a t all goods no t duly reported or which shall be un laden cont rary hereto shall be forfeited and if bu lk be b roken cont rary here to t he master of such ship shall forfeit t he
sum of one h u n d r e d pounds . 12. A n d be i t enacted Tha t all goods ships vessels and boats which by any law a t any t ime in force wi th in the said Colony shall be or have been declared to be forfeited m a y be seized by any officer of the Customs.
13. A n d be i t enacted That if -the mas te r of any ship or vessel
a r r iv ing a t or depar t ing from any por t in the said Colony shall neglect
or refuse to b r ing to a t t h e proper s ta t ions in such por t appointed by
the '
t he Governor for the hoarding- or l and ing of officers of t he Customs the mas te r of such ship or vessel shall for every such offence forfeit t he sum of one hund red pounds .
1 1 . A n d be it enacted Tha t i t shall be lawful for t h e Collector
or o ther pr incipal officer of Customs to s tat ion an officer on board any ship or vessel whi le wi th in t h e l imits of any por t in t he said Colony and t h e master of every ship or vessel on board of which any officer is so s tat ioned shall provide every such officer sufficient room u n d e r t h e deck in some par t of the 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 shall forfeit t he
| s u m of twen ty | pounds . |
15. A n d be i t enacted Tha t t h e master of every ship or vessel a r r iv ing in t he said Colony whe the r laden or in ballast shall come wi th in twenty-four hours and before bu lk be b roken to t he Cus tom H o u s e and the re make a repor t in wr i t ing to t h e Collector or o ther pr incipal officer of the arr ival and voyage of such ship or vessel s ta t ing t he n a m e count ry and tonnage and if Br i t i sh t he por t of regis t ry t he n a m e and count ry of mas te r the count ry of t he owners t he n u m b e r of t h e crew and how m a n y are of t h e count ry of such ship o rves se l and whe ther she be laden or in bal las t and if laden the m a r k s n u m b e r s a n d contents of every package or parcel of goods on board a n d where t he same was laden and where and to whom consigned and where and w h a t goods if any had been un laden dur ing the voyage and w h a t p a r t of the cargo if any is intended for expor ta t ion in such ship or vessel to par t s beyond the seas and wha t surplus of stores or stock remains on board such ship or vessel as far as any of such par t icu lars can be k n o w n to h im a n d the mas te r shal l fur ther answer all such quest ions concerning the ship or vessel and t h e cargo and the crew and the voyage as shall be demanded of h im by such officer and if any goods shal l be un laden from any ship or vessel before such repor t be made or if t h e mas te r shall fail to m a k e such repor t or shall m a k e a n u n t r u e repor t or not t r u l y answer t h e quest ions demanded of h im he shall forfeit t he s u m of one hund red pounds .
16. A n d be i t enacted Tha t it shall be lawful for t he proper
officers of t he Customs to board any ships or vessels a r r iv ing a t any por t of t he said Colony and freely to stay on board u n t i l all the goods laden the re in shall have been duly delivered from t h e same and such officers shal l have free access to every p a r t of t h e ship or vessel w i th power to fasten down ha tchways and to m a r k any goods before l and ing and to lock u p seal m a r k or otherwise secure any goods on board such
| keys be wi thhe ld such officers if they be of a degree superior to t ide- | ship or vessel and if any place or any box or chest be locked and t h e |
| waiters m a y open any such place box or chest in t he best m a n n e r in thei r power a n d if they be t idewaiters or only of t h a t degree they shall send for the i r superior officer who m a y open or cause to be opened any such place box or chest in t h e best m a n n e r in his power and if any goods be found concealed on board any such ship or vessel they shall be forfeited and if t h e officer shal l place any lock m a r k or seal upon any goods on board and such lock be wilfully opened a l tered or broken before due delivery of such goods or if any such goods be secretly conveyed away or if t h e ha tchways after hav ing been fastened down by t h e officer be opened the mas te r of such ship or vessel shall forfeit t he sum of one hund red pounds . |
17. A n d be it enacted Tha t t he person en te r ing any goods
shall deliver t o t h e Collector or other proper officer a bil l of the en t ry thereof fairly wr i t t en in words at l eng th containing the n a m e of t h e impor te r and of t h e ship and of the mas te r and of t he place from whence they were b rough t and of the place wi th in t he por t where t he goods are to be un laden and the par t iculars of the quan t i t y and
qual i ty
qual i ty of t h e goods and t h e packages conta in ing the same and t h e m a r k s and n u m b e r s on the packages a n d two or more duplicates as t he case m a y requ i re of such bill in which all sums and number s m a y be expressed in figures and the par t icu la rs contained in such bills shall be wr i t t en and a r ranged in such form a n d m a n n e r and the n u m b e r of such duplicates shall be such as t h e Collector or other pr incipal officer or other proper person shall requi re and such person shall a t t h e same t ime pay down all t he dut ies due upon the goods and t h e Collector or o ther proper officer shall t he reupon g ran t his w a r r a n t for t h e un lad ing of such goods.
18 . A n d be i t enacted Tha t every person who shall m a k e or cause to be made any such en t ry inwards of any goods no t be ing duly author ized there to by t h e propr ie tor or consignee of such goods shall for every such offence forfeit t h e s u m of one hund red pounds .
19. A n d be it enacted T h a t every impor te r of any goods shall wi th in twen ty days after t h e arr ival of t h e impor t i ng ship 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 a n d land ing it shall be lawful for t h e officers of t he Cus toms to convey such goods to the Queen ' s Warehouse and if t h e duties due upon such goods be not pa id wi th in th ree m o n t h s after such t w e n t y days shall have expired toge ther wi th all charges of removal and warehouse r en t t h e same shall be sold and the p roduce thereof shall be applied first to t he paymen t of freight and charges nex t of duties and t h e overplus if any shall be pa id to t he propr ie tor of t he goods or o ther person duly authorized to receive t he same.
20. A n d be i t enacted Tha t no en t ry nor any w a r r a n t for t h e
l and ing of any goods or for t h e t a k i n g of any goods out of any ware house shal l b e deemed valid unless t he par t icu lars of t h e goods and packages in such en t ry shal l correspond w i t h t h e par t icu lars of t he goods and packages pu rpo r t i ng to be the same in t h e repor t of t h e ship or in t he certificate or o ther document where any is required by which t h e impor ta t ion or en t ry of such goods is author ized nor unless t h e goods shall have been proper ly described in such en t ry by t h e denominat ions and wi th the characters and c i rcumstances according to which such goods are charged wi th du ty or m a y be impor ted a n d any goods t aken or delivered out of any ship or out of any warehouse by v i r tue of any en t ry or w a r r a n t not corresponding or agreeing in all such respects or no t proper ly describing t h e same shall be deemed to be goods landed or t aken wi thou t due en t ry thereof and
shall be forfeited. 2 1 . A n d be it enacted and declared Tha t no goods shall be
impor ted in to New South Wales as be ing impor ted from the U n i t e d K ingdom or from any other Br i t i sh Possession (if any advan tage a t tach to such dist inction) unless such goods appeal" upon t h e cockets or other proper documents for t h e same to have been duly cleared ou twards at t he po r t of expor ta t ion in t he Uni t ed K ingdom or in such other Br i t i sh Possession nor unless t h e ground upon which such advantage be claimed be s tated in such cocket or document .
22. A n d be it enacted Tha t t he unsh ipp ing car ry ing and l and ing of all goods and the b r ing ing of t he same to t h e proper place after l and ing for examinat ion or for weighing and the p u t t i n g of t he same in to t h e scales and t h e t ak ing the same out of and from the scales after weighing and t h e opening and closing of the same shall be performed by or at t he expense and r isk of t he importer .
23. A n d be i t enacted Tha t all bonds re la t ing to the Customs
required to be given in respect of goods or ships shall be t aken by t h e Collector or o ther pr incipal officer of Cus toms for the use of H e r Majesty and after the expirat ion of, th ree years from t h e da te thereof
or
or from the t ime if any l imited there in for t he performance of t he condition thereof every such bond upon which no prosecut ion or sui t shall have been commenced shall be void and m a y be cancelled and destroyed.
24. A n d be i t enacted That before a n y goods shall be shipped for expor ta t ion to t h e U n i t e d K ingdom as being the produce of t h e said Colony or of Van Diemen ' s L a n d or New Zealand or a n y island of t h e Pacific Ocean respectively and upon which any advantage shall be claimed at t h e por t of impor ta t ion sufficient proof shall be made to t h e satisfaction of the Collector or o ther pr incipal officer of Cus toms of t he ident i ty of such goods being t h e produce of t h e said Colony or of V a n Diemen ' s L a n d or N e w Zealand or of some island of t he Pacific Ocean respectively whereupon the Collector or other pr incipal officer is hereby empowered to g ran t a certificate to t ha t effect.
25. A n d be it enacted Tha t if the impor te r of any goods or his k n o w n agent shall m a k e and subscribe a declarat ion before t he Collector or other proper officer t h a t he cannot for w a n t of full information m a k e perfect en t ry thereof i t shall be lawful for t h e Collector or other proper officer to receive an ent ry by bil l of s ight for the . packages or parcels of such goods by t h e best description w h i c h can be given and to g ran t a w a r r a n t the reupon in order t h a t t h e same may be landed and secured to t h e satisfaction of the officers of Cus toms and a t the expense of t he impor te r and m a y be seen and examined by such impor te r in t h e presence of t he proper officer and wi th in th ree clays after t h e goods shall have been so landed the impor te r shall m a k e a perfect en t ry thereof and shall e i ther pay down all duties thereon or duly warehouse t h e same and in default of such en t ry such goods shall be t a k e n to the Queen 's "Warehouse and if t h e impor t e r shal l no t wi th in one m o n t h after such land ing m a k e perfect en t ry of such goods and pay t h e duties due thereon together wi th charges of removal and warehouse r en t such goods shall be sold for t h e p a y m e n t thereof and the overplus if any shall be paid to t he propr ie tor of t he goods or other person duly authorized to receive t he same.
26. A n d be it enacted Tha t in all cases where the dut ies imposed upon the impor ta t ion of articles in to t h e said Colony are charged n o t according to weight tale gauge or measure b u t according to t he va lue thereof such value shall 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 agent in m a n n e r and form following t h a t is to 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 contained in t h e packages (here specifying the " several packages and describing the several m a r k s and " n u m b e r s as the case m a y be) are of t h e value of
" Wi tness m y h a n d th i s day of
" A . B .
" The above declarat ion signed the day of in " t h e presence of C. D . Collector (or other pr incipal
" officer) "
w h i c h declarat ion shall be w r i t t e n on t he bill of en t ry of such art icles a n d shall be subscribed w i t h t h e hand of t he impor ter thereof or his k n o w n agen t in the presence of t h e Collector or o ther pr incipal officer of t h e Customs at the po r t of impor ta t ion Provided t h a t if upon v iew and examina t ion of such art icles by t he proper officer of t h e Customs i t shall appear to h im t h a t t h e said art icles are no t valued according to t h e t r u e price and value thereof and according to t h e t r u e in t en t and mean ing of th is Act t h e n and in such case the impor te r or his k n o w n agent, shall b e required to declare on oa th before t he Collector or other pr incipal officer of Customs w h a t is
t h e
t he invoice price of such art icles and 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 he place from whence t he said art icles were impor ted and such invoice price w i th t he addit ion of t en pounds per cen tum thereon shall be deemed to be t he value of t h e articles in l ieu of t h e value so declared by the impor te r or k n o w n agen t and upon which the duties due thereon shall be charged and paid Provided also t h a t if i t shall appear to the Collector or other proper officer t h a t such articles have been found invoiced below the real and t r u e va lue thereof a t t he place from whence t h e same were impor ted or if the invoice price is n o t known t h e ar t icles shal l i n such case be re -examined by two com pe ten t persons to be nomina ted and appointed by the Governor of t he said Colony and such persons shall declare on oa th before t he Col lector or other proper officer wha t is t h e t r u e and real va lue of such art icles at t h e por t of impor ta t ion in t he said Colony and t h e value so declared on t h e oaths of such persons shall be deemed to be t he t r u e and real va lue of such articles and u p o n which t h e dut ies due thereon shal l be charged and paid.
27. A n d be it enacted That if t he impor te r of such art icles shal l refuse to p a y the dut ies imposed thereon i t shal l and may be lawful for t he Collector or o ther officer of the Customs and he is hereby required to t ake and secure t h e same wi th t h e casks or o t h e r packages thereof and to cause t he same to be publicly sold wi thin t he space of t w e n t y days at t h e most after such refusal made and a t such t ime and place as such officer shall by four or more days publ ic not ice appoint for t h a t purpose which art icles shall be sold to t h e best bidder and t h e money ar is ing from the sale thereof shall be applied in the first place in paymen t of t he said duties together wi th t he charges t h a t shall have been occasioned by t h e said sale and t h e over p lus if any shall be paid to such impor te r or propr ie tor or any other person author ized to receive t he same.
28. A n d be it enacted Tha t the re shall be allowed upon the expor ta t ion of goods wares or merchandise impor ted in to any por t in t h e said Colony a drawback of t h e du ty paid the reon provided always tha t proof be made to t h e satisfaction of t h e Collector or other p r in cipal officer t h a t t he full duties on impor ta t ion h a d been paid and t h a t such goods had been duly landed a t t h e po r t for which the same were cleared and tha t no drawback shall be allowed unless t he goods on which the same is claimed shall be shipped wi th in th ree years from the day of impor ta t ion thereof nor unless t h e value of t h e goods upon
which t h e d u t y is to be r e tu rned shall a m o u n t to fifty pounds and t h a t such drawback is duly claimed wi th in one year from t h e day of such sh ipment Provided always t h a t no drawback shall be allowed upon any goods which by reason of damages or decay shall become of less value for home use t h a n the a m o u n t of such drawback and all goods so damaged which shall be cleared for any drawback shall be forfeited and t h e person who caused such goods to be so cleared shall forfeit t h e s u m of two h u n d r e d pounds or t reble t he a m o u n t of t h e drawback in such case a t t he election of t he Governor of t he said Colony.
29. A n d be i t enacted Tha t i t shall be lawful t o re- import in to
t he said Colony any goods which shall have been legally exported from t h e same and to enter such goods by bill of store referring to t h e en t ry ou tward and expor ta t ion thereof Provided the p roper ty in such goods cont inue in the same person by whom or on whose account t he same have been exported and if t he goods so re tu rned be foreign goods which h a d before been legally imported into t he said Colony the same dut ies shall be payable thereon as would a t t h e t ime of such re- importa t ion be payable on t h e l ike goods under t he same circumstances of impor ta t ion as those unde r w h i c h such goods had
been
| been | o r i g i n a l l y | i m p o r t e d | or | s u c h | g o o d s | may | be | w a r e h o u s e d | as | t h e |
| l i k e | g o o d s | m a y | be | w a r e h o u s e d | u p o n | a | f i r s t | i m p o r t a t i o n | thereof. |
30. A n d be i t enacted Tha t whenever any g o o d s shall be t aken
| to and s e c u r e d | in any of the Queen ' s Warehouses in t h e s a id | Colony |
| for | s e c u r i t y | of | t h e | d u t i e s | t h e r e o n | or to | p r e v e n t | t h e | s a m e | f r o m | c o m i n g |
| i n t o h o m e use i t s h a l l and m a y be lawful | for | t he | Collector | or | o t h e r |
| p r i n c i p a l | officer | to | c h a r g e | d e m a n d | and | r e c e i v e | w a r e h o u s e | r e n t | for |
| s u c h | g o o d s | for | all | s u c h | t i m e | as | t he | s a m e | shall | r e m a i n | in | s u c h |
| warehouse a t t he ra tes | spec i f ied | in t he | Schedule E a n n e x e d | to | t h i s |
| Act , |
3 1 . A n d be it enacted T h a t in case goods shall no t be duly
| cleared | f r o m | t h e | Queen ' s Warehouse | w i th in | t h r e e | calendar | m o n t h s |
| (or | s o o n e r | if | t h e y | be | of a p e r i s h a b l e | n a t u r e ) | i t | s h a l l | be lawful | for |
| t h e Collector or o t h e r | p r i n c i p a l | officer of | H e r Majes ty ' s | Cus toms | to |
| c a u s e | s u c h | g o o d s | to | be | p u b l i c l y | so ld | b y | a u c t i o n | for | h o m e | use | o r |
| for | e x p o r t a t i o n | as | t he | c a s e | m a y | be | a n d | the | p r o d u c e | of | s u c h | s a l e |
| s h a l l be appl ied | t o w a r d s t h e p a y m e n t | of | t he | d u t i e s | if | sold | for | h o m e |
| use | a n d | of | t h e | w a r e h o u s e r e n t | and | all | o t h e r | lawful | c h a r g e s | and |
| t h e o v e r p l u s | (if | any) | s h a l l | be p a i d | to | t h e | p e r s o n | d u l y | a u t h o r i z e d | to |
| r e c e i v e t h e same | Provided a lways t h a t it shall be lawful for the |
| s a i d | Collector or | o t h e r | p r i n c i p a l | officer | t o | c a u s e | a n y of | s u c h | g o o d s |
| to be d e s t r o y e d | as cannot | be | s o l d for | a s u m | suf f ic ien t | to | p a y | s u c h |
| d u t i e s | and c h a r g e s | if so ld | for | h o m e | use | or | suff ic ient | t o | p a y | s u c h |
| c h a r g e s | if so ld | for | e x p o r t a t i o n | Provided | a l s o | t h a t | if | s u c h | g o o d s | s h a l l |
| have been l a n d e d b y the | officers | of | t h e | Cus toms | a n d t h e | f r e i g h t | of |
| t he s a m e shal l n o t | h a v e been p a i d | t h e p r o d u c e | of | s u c h | s a l e s h a l l | be |
| first | a p p l i e d | to t h e | p a y m e n t | of | s u c h | f r e i g h t . |
32. A n d w h e r e a s it is e x p e d i e n t to m a k e regula t ions for t he
| w a r e h o u s i n g | of s p i r i t s | tobacco | and | o t h e r | g o o d s | Awhich m a y | be | l e g a l l y |
| i m p o r t e d | and | it | is therefore | n e c e s s a r y .to p r o v i d e | for | t he | a p p o i n t i n g | of |
| p r o p e r | w a r e h o u s e s | a n d | for | t h e | l o d g i n g | a n d | secur ing | such | g o o d s |
| t h e r e i n | Be i t therefore e n a c t e d | Tha t i t shall be l a w f u l for t he | Collector |
| or | o t h e r | p r i n c i p a l | officer | by | n o t i c e | in | w r i t i n g | u n d e r | h is | h a n d | to |
| a p p o i n t | s u c h | w a r e h o u s e s | respectively | as | s h a l l | be | a p p r o v e d | of | b y | h i m |
| for | t h e | free | w a r e h o u s i n g | and | s e c u r i n g | of | g o o d s t h e r e i n | for t he | p u r p o s e s |
| of t h i s A c t | a n d a l s o | by l ike | not ice to | revoke | any such | a p p o i n t m e n t |
| Provided | t h a t | e v e r y | s u c h | n o t i c e | s h a l l | be | t r a n s m i t t e d | to | t h e | G o v e r n o r |
| and | s h a l l | be p u b l i s h e d | in | s u c h | m a n n e r | as he | s h a l l | d i r e c t . |
33 . A n d be it enacted Tha t it s h a l l be l a w f u l for t h e i m p o r t e r
| of a n y s p i r i t s | tobacco | or o t h e r goods | to | w a r e h o u s e | t h e same | in | t h e : |
| w a r e h o u s e s | so | a p p o i n t e d | w i t h o u t | p a y m e n t | of any | d u t y | on t he | first |
| e n t r y | t h e r e o f | subject | n e v e r t h e l e s s | t o | t h e | ru les | r e g u l a t i o n s | r e s t r i c t i o n s |
| a n d | c o n d i t i o n s | h e r e i n a f t e r | c o n t a i n e d . |
3 1 . A n d be i t e n a c t e d T h a t u p o n t h e e n t r y and l a n d i n g of any
| g o o d s to be | w a r e h o u s e d | the | p r o p e r | officer | of | t h e Cus toms | shal l t ake |
| p a r t i c u l a r | a c c o u n t | of t he s a m e | and | shall m a r k | t h e | c o n t e n t s | on | e a c h |
| p a c k a g e | a n d s h a l l e n t e r t he | s a m e | in a book | to be k e p t | for t h a t | p u r p o s e |
| a n d | no goods which have been | so | w a r e h o u s e d | shal l be t a k e n | or |
| d e l i v e r e d | f r o m | t h e warehouse | e x c e p t | u p o n | due | e n t r y | a n d | u n d e r | t h e |
| care of t he | p r o p e r | officer | for | e x p o r t a t i o n | or | u p o n | due e n t r y | and |
| p a y m e n t | of | t h e d u t y for h o m e | use. |
35 . A n d be i t e n a c t e d T h a t upon e n t r y of any goods to be
| w a r e h o u s e d | t h e | i m p o r t e r | of | such | goods | i n s t e a d | of | p a y i n g | d o w n | t h e |
| d u t i e s | due t h e r e o n | s h a l l | give b o n d | wi th two | suff ic ient | s u r e t i e s | to | be |
| a p p r o v e d | of | b y t h e Collector | or | o t h e r p r i n c i p a l officer | in | t r e b l e | t h e |
| a m o u n t | of | d u t i e s p a y a b l e | on | s u c h | g o o d s | w i t h | c o n d i t i o n | for | t he | safe |
| d e p o s i t i n g | of | s u c h | g o o d s | in | t he | w a r e h o u s e | m e n t i o n e d | in | s u c h | e n t r y |
| a n d | for | t h e | p a y m e n t of a l l | d u t i e s | due u p o n | such | g o o d s or for | t h e |
| e x p o r t a t i o n | t h e r e o f | a c c o r d i n g t o t he | first | account | t a k e n | of | such | g o o d s |
X—VOL 2. u p o n upon t h e l and ing of the same and wi thou t any aba tement on account of deficiency except as b y th i s A c t is o therwise provided and wi th fur ther condi t ion t h a t no p a r t thereof shall be t a k e n out of such
warehouse un 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 upon due en t ry for expor ta t ion and if after such bond shal l have been given the 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 shall be n o longer in teres ted in or have control over t h e same i t shal l he lawful for t h e Collector or o ther p r inc ipa l officer to admi t fresh securi ty to be given by t h e bond of t h e new propr ie to r or o ther person h a v i n g control over such goods wi th two sufficient suret ies and to cancel t h e bond given by t h e or iginal bonder of such goods or to exonera te h im to t h e ex ten t of t h e fresh securi ty so given.
30. A n d be i t enacted Tha t all appo in tmen t s of warehouses for
t h e warehous ing of goods m a d e unde r t h e au tho r i t y of any o ther A c t
in force a t t h e t ime of t h e commencement of th i s A c t shal l con t inue in force as if the same had been m a d e unde r t h e au tho r i t y of th i s A c t and all bonds given in respect of any goods warehoused or en te red to be warehoused under any Act in force at t h e t ime of t he commence m e n t of th i s Ac t shall con t inue in force for t h e purposes of th i s Act .
37. A n d be it enacted Tha t it shall be lawful for t he officers of t h e Cus toms to t a k e such samples of any goods as shall be necessary for ascer ta in ing t h e a m o u n t of any duties payable on the same and all such samples shall be disposed of and accounted for in such m a n n e r as directed by t h e Collector or o ther pr inc ipa l officer of H e r Majes ty ' s Cus toms .
38. A n d be it enacted T h a 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 secur i ty by bond in t reb le t h e dut ies of impor ta t ion on t h e quan t i t y of such goods wi th two sufficient suret ies to be approved by t h e Collector or o ther p roper officer t h a t t h e same shal l be landed at t h e p lace for which t hey shal l be entered ou twards or be o therwise accounted for to t he satisfaction of t h e Collector or o ther proper officer.
39. A n d whereas spir i 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 h e
a tmosphere or o ther n a t u r a l causes B e i t therefore enac ted Tha t it shal l be lawful for t he Collector or o the r pr inc ipa l officer or for t h e propr ie tor or impor ter of any such goods as aforesaid to r equ i re t h e
be respectively delivered from the said warehouse a n d the dut ies same to be re-gauged or re-weighed a t t h e t ime w h e n the same shall respectively payable the reon shal l be pa id according to t he quan t i t i e s ascer ta ined upon such re -gaug ing or re -weighing unless it shal l b e m u t u a l l y agreed by and be tween t h e said par t ies t h a t t h e said dut ies
shal l be paid on the quan t i t i e s or ig inal ly entered.
40. A n d be i t enacted T h a t i t shal l be lawful for t h e Collector
or o the r p r inc ipa l officer unde r such regula t ions as he shal l see fit to pe rmi t t he propr ie tor or other person hav ing control over any goods so warehoused to sort separate pack a n d re-pack any such goods and to m a k e such a l te ra t ions the re in or a r r a n g e m e n t s and assor tments thereof as may be necessary for t he preservat ion of such goods or in order to t he sale sh ipment or legal disposal of t h e same and also to pe rmi t any pa r t of such goods so separated to b e destroyed b u t wi thou t prejudice to t h e claim for d u t y upon the whole original quan t i t y of such goods Provided always t h a t it shall be lawful for any person to abandon any whole packages to t h e officers of the: Cus toms for t h e dut ies wi thou t be ing liable to any d u t y upon t h e same.
4 1 . A n d be i t enacted T h a t goods warehoused a t any ware
hous ing por t in t h e said Colony be ing first duly entered m a y be delivered unde r the au tho r i t y of t h e proper officer of t he Customs wi thou t p a y m e n t of du ty except for any deficiency thereof for t he purpose of remova l t o ano the r warehous ing por t in t h e same Colony under bond to t h e satisfaction of such officer for t h e due arr ival and re -warehous ing of such goods at such other por t .
42 . A n d be it enacted T h a t if any goods entered or warehoused or entered to be delivered from the warehouse shal l be lost or de s t royed b y any unavoidable accident e i ther on ship-board or in t h e l a n d i n g or sh ipp ing of t h e same or in t he receiving in to or del ivering from the warehouse i t shall be lawful for t he Governor of t he said Colony for t he t ime being to remi t or r e t u r n t h e dut ies payable or pa id on the quan t i t y of such goods so lost or destroyed.
43 . A n d be it enacted Tha t in case it shall at any t ime happen t h a t any embezzlement was te spoil or des t ruc t ion shall be made of or in any goods or merchandise which shall be warehoused in ware houses unde r t he au tho r i t y of th i s or any other Act by or t h rough a n y wilful misconduct of any officer or officers of Cus toms such officer or officers shall be deemed guilty of a misdemeanor and shal l u p o n convict ion suffer such p u n i s h m e n t as m a y be inflicted by law in cases of misdemeanor and if such officer shall be so prosecuted to convict ion by t h e impor te r consignee or propr ie tor of t he goods or merchandise so embezzled wasted spoiled or destroyed then and in such case no du ty shal l be payable for or in respect of such goods or merchandise so embezzled wasted spoiled or destroyed and no forfeiture nor seizure shall t ake place of any goods or merchandise so ware housed in respect of any deficiency caused b y such embezzlement was te spoil or des t ruc t ion and the damage occasioned by such embezzle m e n t w a s t e spoil or des t ruc t ion of such goods or merchandise shall be
| repa id and m a d e good to such impor t e r consignee or propr ie tor | by |
t h e Collector or other pr inc ipa l officer of Cus toms unde r such orders r egu la t ions and direct ions as shall be for t h a t purpose made and given by t h e Governor of t he said Colony for t h e t i m e being.
44. A n d be i t enacted Tha t all goods so warehoused shall be stowed in such p a r t s or divisions of t h e warehouse as t h e Collector or o the r proper officer m a y direct and in such m a n n e r as t ha t easy access m a y be had to every package and if t h e occupier of t h e warehouse shal l omit so to stow t h e same he shall for every such omission forfeit
| t h e s u m of five pounds and tha 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 a n d visi ted only a t such |
| t imes and in t he presence of such officers and unde r such rules and regula t ions as t h e Collector or other proper officer shall direct . |
45 . A n d be i t enacted T h a t if any impor te r or p ropr ie tor of any
goods warehoused or any other person shall by any contr ivance fraudu lent ly open the warehouse or gain access to t he goods except in t h e presence of t he proper officer ac t ing in t h e execut ion of his du ty such impor te r propr ie tor or other person shal l forfeit and pay for every such offence t h e s u m of five hund red pounds .
40. A n d be i t enacted Tha t all goods which shal l have been so warehoused or re-warehoused shal l be duly cleared ei ther for exporta t ion or for home consumpt ion wi th in three years from t h e day of t he en t ry thereof a n d if such goods be no t so cleared i t shall be lawful for t h e Collector or o ther proper officer to cause t h e same to be sold and the produce shal l be applied, first to t h e p a y m e n t of t he duties n e x t to t h e warehouse r e n t and o ther charges and t h e overplus if any shall be pa id to t h e propr ie tor or o ther person duly authorized to receive the same Provided always t h a t it shall be lawful for t h e Collector or other
proper
proper officer to g ran t fur ther t ime for any such goods to r emain ware
housed if t hey shal l see fit so to do.47 . A n d he i t enacted T h a t if any goods which have been entered to be warehoused shall no t be duly carr ied a n d deposited in t h e warehouse or shall afterwards be t a k e n ou t of t h e warehouse wi th ou t due en t ry and clearance or hav ing been en te red a n d cleared for expor ta t ion from t h e warehouse shal l n o t be duly carr ied a n d shipped or shal l af terwards be re- landed except wi th t h e permiss ion of t h e proper officer of t he Cus toms such goods shal l be forfeited.
48 . A n d be i t enacted Tha t t h e mas t e r of any ship or vessel
bound from t h e said Colony shall before any goods be laden there indeliver t o t h e Collector or o ther p roper officer a n en t ry ou twards unde r
h i s h a n d of t h e des t inat ion of such ship s t a t ing her n a m e coun t ry and
t onnage a n d if Br i t i sh t he por t of regis t ry t h e n a m e a n d count ry of t h e mas te r t h e coun t ry of t he owners t h e n u m b e r of t h e c r e w and how m a n y are of t he coun t ry of such ship and if any goods be laden on board any ship or vessel before such en t ry be m a d e t h e mas te r of such ship or vessel shall forfeit and pay the sum of fifty pounds and before such ship or vessel depar t t h e mas te r shall b r i ng and deliver to the Collector or o the r proper officer a content in wr i t i ng u n d e r his h a n d of t h e goods laden and t h e names of the respect ive shippers and consigners of t h e goods wi th tin; 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 a n d subscribe a declarat ion to t he t r u t h of such conten t as far as any of such par t i cu la rs can be k n o w n to h i m and t h e mas t e r of every ship or vessel bound from t h e said Colony whe the r in bal las t or laden shall before depa r tu r e come before t he Collector or o ther proper officer and answer upon oa th all such quest ions concern ing the ship or vessel a n d t h e cargo if any a n d the crew and passengers a n d t h e voyage as shall be demanded of h i m by such officer and t he r eupon t h e Collector or o ther p roper officer if such ship or vessel be laden shal l m a k e out and give to t h e mas te r a certificate of t h e c learance of such ship or vessel for he r in tended voyage conta in ing a n account of t he to ta l quant i t ies of t he several sorts of goods laden the re in or a certificate of he r clearance in ba l las t as t h e case m a y be and if t he ship shall depar t w i t h o u t such clearance or if t h e mas te r shall deliver a false con ten t or
shall no t t r u l y answer t h e quest ions demanded of h i m he shal l forfeit
a n d pay the s u m of one h u n d r e d pounds . 49. A n d be i t enacted Tha t no goods shall be s ta ted in such
certificate of c learance of any ship or vessel from the said Colony tobe t he produce thereof unless such goods shall have been expressly
s ta ted so to be in t h e en t ry ou twards of t h e same.
50. A n d be i t enacted Tha t all vessels t h e p roper ty of H e r
Majes ty ' s subjects t r ad ing from one p a r t of t h e said Colony to ano ther p a r t thereof between Cape Capr icorn in or about t h e la t i tude of twenty- th ree degrees a n d a half south and t h e eas tern l imi ts of t h e Prov ince of Sou th Aus t ra l i a shall be considered as engaged in the
coas t ing t r ade .
5 1 . A n d be it enacted Tha t no goods shall be laden on board
any vessel in any por t of t he said Colony as aforesaid where any officer of t he Customs shall or m a y hereafter be 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 laden u n t i l due not ice in wr i t i ng signed by t h e mas t e r shal l be given to t h e Collector or o ther p roper officer by t he mas te r owner or agent of such vessel of t h e in ten t ion to lade goods on board the same to be so carr ied or of t he ar r iva l of such vessel wi th goods so b r o u g h t as the case may be no r u n t i l p roper documents shall have been gran ted for t h e lad ing or un lad ing of such goods a n d such goods shall no t be so laden or un laden except a t such t imes and places and in such m a n n e r and by such persons and under t h e care of such officers as shal l be appoin ted
by
by the Collector or o ther proper officer for t h a t du ty Provided always t h a t it shall be lawful for the Commissioners of H e r Majesty 's Cus toms to m a k e and appoin t such other regula t ions for t h e car ry ing coastwise of any goods or for t he removing of any goods for sh ipment as shall to t h e m appea r expedient and t h a t all goods laden water -borne or un l aden cont ra ry to th i s A c t or con t ra ry to any regula t ion so m a d e and appointed shal l be forfeited and t h e mas t e r of any vessel so lad ing or u n l a d i n g goods cont ra ry to t he t r u e in ten t and m e a n i n g of this
| A c t shal l forfeit | a n d pay t h e s u m of t en | pounds . |
52 . A n d whereas no twi th s t and ing t h e separat ion of V a n
Diemen ' s L a n d from the Colony of N e w South W a l e s as a Depen dency thereof it was considered advisable to allow t h e produce of t h a t I s l and to be impor ted in to t h e said Colony of N e w South W a l e s free of du ty and whereas m u c h benefit has been found to arise from such measure to bo th Colonies Be i t enacted Tha t t h e produce a n d m a n u
| factures of V a n Diemen ' s L a n d | except ing | spir i tuous | l iquors | shall |
| con t inue as heretofore | to be admi t ted to en t ry on impor ta t ion | in to |
| t he said Colony of | New Sou th W a l e s w i t h o u t any d u t y being | charged |
| thereon . |
53 . A n d in order to avoid t he f requent use of n u m e r o u s t e r m s
| and expressions in th i s Ac t or any o ther Ac t re la t ing to t h e | Cus toms |
| a n d to p reven t any misconst ruc t ion of the t e rms and | expressions |
used there in Be i t enac ted Tha t whenever t he several t e r m s or expressions following shall occur in th i s A c t or in any o ther Ac t re la t ing to t he Customs or to Trade and Naviga t ion t h e same shall be cont inued respectively in m a n n e r hereinafter directed ( tha t is to
| say) t h a t t he t e r m | " s h i p " | shall be | const rued | to m e a n ship or vessel |
| general ly unless such t e r m shal l be used to d is t inguish a ship | from |
| sloops | b r igan t ines | a n d | other | classes | of | vessels | t h a t | t h e | t e r m |
" mas te r " of any ship shall be const rued to m e a n t h e person h a v i n g :
or t a k i n g t h e charge or command of such ship t h a t t h e t e r m
" owners " and the t e r m " owner " of any ship shall be construed
al ike to m e a n one owner if the re be only one a n d any or all the
owners if t he re be more t h a n one t h a t t he t e r m " m a t e " of any ship
| shal l be const rued to m e a n the person nex t in c o m m a n d | of such | ship |
| to t h e mas te r thereof t h a t t he t e r m | " seaman " | shall be cons t rued | to |
| m e a n | al ike | seaman | mar ine r | sailor | or l a n d s m a n | being one | of t h e |
| crew | of any ship t h a t | t he t e r m | " Br i t i sh | Pos se s s ions" | shall | be |
| cons t rued to | m e a n | Colony P lan ta t ion | I s l and | Terr i tory | or | Se t t l ement |
| be longing | to | H e r | Majesty | t h a t | t h e | t e r m | " H e r | M a j e s t y " | shall |
| be cons t rued to m e a n H e r | Majesty | H e r | H e i r s and | Successors | t ha t | |
| the | t e r m | " E a s t | I n d i a | Company" | shal l be cons t rued to m e a n | the |
| Uni ted | Company | of | Merchan t s | of E n g l a n d t r ad ing to t h e E a s t | Ind ies |
t h a t t h e t e rms " L imi t s of the Eas t I n d i a Company ' s C h a r t e r " shall be construed to m e a n all places and seas eas tward of t he Cape of Good H o p e to t h e St ra i t s of Magel lan t h a t t he terms " Collector or o ther officer" shall be const rued to mean the Collector or other officer of t h e Customs of t h e po r t in tended in t he sentence t h a t whenever men t ion is made of any publ ic officer t he officer ment ioned shall be deemed to be such officer for the t i m e being t h a t t h e t e r m " warehouse" shal l be const rued to m e a n any place whe the r house shed ya rd t imber pond or o ther place in which goods entered to be warehoused upon impor ta t ion may be lodged kep t and secured wi thou t paymen t of du ty t h a t t h e t e r m " Queen ' s W a r e h o u s e " shall be const rued to mean any place provided by t h e Crown for lodging goods there in for
| securi ty of | t h e Cus toms. |
54'. A n d be i t enacted T h a t t he mas te r or owner of any ship
or vessel be ing of t h e b u r t h e n of seventy tons a t least b o u n d on a voyage to foreign pa r t s t he probable dura t ion of which out and
home
home will no t be less t h a n forty days shall be pe rmi t t ed to ship such quant i t ies of spir i ts and tobacco free of du ty from the warehouse as stores for t h e use of t h e crew a n d passengers in a p ropor t ion no t exceeding one gal lon of spir i ts and one pound of tobacco for each m a n on board for every m o n t h t h e ship or vessel m a y be reasonably expected to be absent Provided t h a t such stores shal l be duly borne u p o n the ship or vessel 's v ic tual l ing bil l and
shall be shipped in such m a n n e r a n d subject t o such direct ions and regula t ions as t h e Collector or o ther pr incipal officer of Cus toms shal l appoin t Provided also t h a t t h e mas te r or owner of such ship or vessel shal l previously en te r in to a bond wi th two sufficient
suret ies in t reble t h e a m o u n t of dut ies payable on t h e spiri ts and tobacco so shipped t h a t no pa r t thereof shall be re- landed in t he said
Colony wi thou t due en t ry at t he C u s t o m House . 55. A n d he it enacted Tha t if any ship vessel or boat wha t soever shall be found wi th in t he l imi ts of any por t in t he said Colony wi th a cargo on board and such ship vessel or boat shall af terwards be found l ight or in bal las t and the mas t e r is unab l e to give a due account of the po r t or place wi th in t h e said Colony where such ship vessel or boat shal l have legally discharged he r cargo or t he deficient p a r t thereof such ship vessel or boa t w i t h he r guns furn i tu re a m m u n i t i o n tack le and appare l shall be forfeited.
56. A n d be i t enacted That in case any sh ip vessel or boa t l iable to seizure or examina t ion unde r any A c t or L a w re la t ing to t h e Cus toms or for t he prevent ion of smugg l ing shall no t b r i ng to on being requi red so to do on being chased by any ship vessel or boat in H e r Majesty 's Navy hav ing t h e proper p e n d a n t a n d ensign of H e r Majes ty ' s ships hoisted or by any ship vessel or boat duly employed for t h e p revent ion of smuggl ing hav ing a proper pendan t and ensign hois ted it shall be lawful for the captain mas te r or other person h a v i n g the charge or c o m m a n d of such ship vessel or boat in H e r Majesty 's N a v y or employed as aforesaid (first caus ing a g u n to be fired as a signal) to fire a t or in to any such ship vessel or boat and such cap ta in mas te r or o ther person ac t ing in his aid or assistance or by his direct ion shall be and he is hereby indemnified and discharged from any ind ic tmen t pena l ty act ion or o ther proceeding for so doing.
57. A n d be i t enacted Tha t if any person or persons shall from
and after t he pass ing of th i s Ac t wear car ry or hois t in or on boardany ship vessel or boat wha tever be longing to any of H e r Majesty 's
subjects whe the r t h e same be m e r c h a n t or otherwise w i thou t pa r t i cu
lar w a r r a n t for so doing from Her Majesty or H e r H i g h A d m i r a l of
Grea t Br i t a in or t h e Commissioners for execu t ing t h e office of H i g h A d m i r a l of Great Br i t a in H e r Majesty 's j ack commonly called t he un ion j a c k or any pendan t ensign or colours usual ly worn by H e r Majesty 's ships or any flag j ack pendan t ensign or colours resembl ing those of H e r Majesty or those used on board H e r Majesty 's ships or any o ther ens ign or colours t h a n the ens ign or colours by any proclamat ion of H e r Majesty now in force or hereafter t o be issued prescribed to be worn t h e n and in every such case t he mas te r or o ther person h a v i n g t h e charge or command thereof or t he owner or owners be ing on board t h e same and every o ther person so offending shall forfeit and pay t h e sum of fifty pounds and it shal l be lawful for any officer or officers of H e r Majesty 's N a v y on full pay or for any officer or officers of Cus toms to enter on board any such ship vessel or boat and to seize any such flag j ack pendan t ensign or colours a n d t h e same shall t he reupon be forfeited.
58. A n d be it enac ted Tha t all ships vessels and boats m a d e
use of in t he removal carr iage or conveyance of any goods l iable to
forfeiture
| forfeiture | u n d e r | th i s or any | o ther | Act | re la t ing | t o t h e Revenue of |
Customs shall be forfeited.
59. A n d be i t enacted Tha t t he owner of every ship or vessel be longing in t h e whole or in p a r t to any of H e r Majes ty ' s subjects shall w i th in twenty-four hours after her repor t pa in t or cause to be pa in ted on t h e outside of t h e s tern of every boat be longing to such ship or vessel t h e n a m e of such ship or vessel and the por t or place to which she belongs and the mas te r ' s n a m e wi th ins ide t he t r a n s o m in whi t e or yellow Roman let ters n o t less t h a n two inches in l eng th on a black g round on pa in of t h e forfeiture of such boat no t
| so m a r k e d W h e r e v e r t he | same | shal l | be | found. |
GO. A n d be it enacted Tha t t h e owner of every boat no t be longing to any ship or vessel shal l pa in t or cause to be pa in ted upon t h e s tern of such boat in whi t e or yellow Roman le t ters of two inches in l eng th on a black g round t h e n a m e of t h e owner or owners of t he boat a n d t h e por t or place to which she belongs on pa in of the for fei ture of such boat not so m a r k e d wherever t h e same shall be found.
61.. A n d be i t enacted T h a t all ships vessels a n d boats belonging in the whole or in pa r t to H e r Majes ty ' s subjects hav ing false bulk heads false bows double sides or bo t t om or any secret or disguised place whatsoever in t h e cons t ruc t ion of t he said ship vessel or boat for t he purpose of conceal ing goods or hav ing any hole pipe or o ther device in or about t h e ship vessel or boat adapted for t he purpose of r u n n i n g goods shall be forfeited with all t h e guns furn i tu re a m m u ni t ion tack le and appare l belonging to such ship vessel or boat and all goods l iable to t h e paymen t of the dut ies or prohibi ted to be impor ted in to t h e said Colony found concealed on board any ship vessel or boat or in any of the packages of goods on board or in or u n d e r n e a t h t he bal las t or in any other place on board such ship vessel or boat shal l be forfeited.
G2. A n d be i t enacted That no ship vessel or boat under t he tonnage' allowed b y law to be registered shall be employed either in t h e removal of goods or passengers or for any purpose whatever unless duly licensed according to t h e form hereinafter s ta ted and every such ship vessel or boa t so employed w i t h o u t be ing duly l icensed as aforesaid shal l be forfeited toge ther w i t h t h e t ack le furni t u r e and appare l thereof and shall and m a y be seized by any officer of Customs.
G3. A n d be it enacted T h a t t h e license for every vessel or boat
| r equ i r i ng a license unde r th i s Act shall be g ran ted by the Collector or | o ther p roper officer of t h e Cus toms and such license shall set forth | |||||
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| t h a t t he owner or owners thereof shall give his or the i r own securi ty by bond with two sufficient suret ies (being housekeepers) in t reble t h e va lue of such vessel or boat wi th condit ions as follows Tha t is to say t h a t t h e vessel or boat shall no t be employed in t h e impor ta t ion l and ing or removing of any prohibi ted or uncus tomed goods contrary to t h e t r u e in ten t and m e a n i n g of th i s Ac t or any o ther Ac t re la t ing to t h e Revenue of Cus toms nor in the expor t ing of goods or removal of t r anspor t ed offenders nor in t h e re - landing of goods con t ra ry to law nor shall receive or t ake on board or be found a t sea wi th any goods subject t o forfeiture nor shall do any t h i n g cont rary to th i s A c t or any o ther A c t hereafter to be made re l a t ing to t h e Revenue of Cus toms or t h e protec t ion of t he t r ade or commerce or t he custody of t r anspor t ed offenders in t he said Colony nor shal l be employed other wise t h a n ment ioned in t he said license and wi th in t he l imi ts the re in |
ment ioned
ment ioned and in case of loss b reak ing -up or disposal of such vessel or boat t h a t t h e license shal l be delivered u p wi th in six m o n t h s from
t h e da te of such loss b reak ing-up or disposal of such vessel or boat t o t h e Collector or o ther p roper officer of t h e Customs.
04. A n d be i t enacted T h a t if any goods l iable to t he paymen t
of dut ies shall be unsh ipped from a n y ship vessel or boat in t h e said Colony Customs or o ther dut ies no t be ing first pa id or secured or if any prohib i ted goods whatsoever shal l be impor ted in to any p a r t of t he said Colony or if any goods whatsoever shall have been warehoused or otheinwise secured in t h e said Colony e i ther for home consumpt ion or expor ta t ion shall be clandest inely or illegally removed from or out of any warehouse or place of securi ty t h a t t h e n a n d in such case all such goods as aforesaid shal l be forfeited toge ther w i th all horses and o the r an imals and all carr iages and o ther t h ings m a d e use of in the removal of such goods.
Esquires two of Her Majesty's Justices of the Peace for the said Colony to understand and
be informed that C. D. on the day of in the year of our Lord
(here state the offence)
contrary to the form of the Act in tha t case made and provided whereby the said C. D.
hath forfeited the sum of
B.
Form of Conviction to be used for an offence against this Act where a Pecuniary Penally
is inflicted.
N E W SOUTH WAT.ES B E it remembered Tha t on the TO W I T .
day of in the year of our Lord
an information was exhibited by A. B . officer of Customs before us
Esquires
two of Her Majesty's Just ices of the Peace of the said Colony against C. D. which said
| information charged tha t the said C. D. on the | day of |
| in the year of our Lord | (Acre state the offence as in the | information') |
Z — V O L . 2. contrary contrary to the form of the Act in such case made and provided which offence has been duly proved before us the said Justices We do therefore adjudge that the said C. D. hath forfeited for his said offence the sum of
Given under our hands and seals the day of in the year of our Lord
c.
Warrant of Distress.
NEW SOUTH WALES } To A. B.
TO WIT.
WHEREAS C. D. has been duly convicted before us
Esquires two of Her Majesty's Justices of the Peace of the said Colony of the offence of having (here state the offence as in the information) And whereas the said C. D. hath forfeited for his said offence the sum of
which said sum of has not been paid These are therefore to command you the said A. B. to levy the said sum of by distress and sale of the goods and chattels so to be distrained to be sold and disposed of within
days after such distraint unless the said sum of for
which such distress shall be made together with the reasonable charges of taking and keep ing such distress shall be sooner paid And you the said A. B. are hereby commanded to certify to us the said Justices on the day of next ensuing what you shall do by virtue of this warrant.
Given under our hands and seals at
the day of in the year of our Lord D.
Form of Warrant of Commitment to Gaol for a Penalty.
NEW SOUTH WALES } To A. B. officer of Customs and to E. F . the gaolor or keeper of
TO WIT. the in the
WHEREAS C.D. has been duly convicted before us
Esquires two of Her Majesty's Justices of the Peace for the
(here state the offence as in the information)
said Colony of having said offence the sum of And whereas it appears to us the said Justices that the said C. D. has not sufficient goods or chattels whereon to levy the sum of
and which sum of has not been paid These are therefore to
require you the said A. B. forthwith to take carry and convey the said C. D. to the
at in the and to deliver him into
the custody of the gaoler or keeper of the said to receive the said C. D. into his custody and him safely to keep for the period of six calendar months unless he shall sooner pay the said sum of or otherwise be delivered by due
course of law. Given under our hands and seals at in the
this day of in the year of our Lord
E.
WAREHOUSE RENT.
Table of Rent to he paid to the Collector of Customs on all goods lodged in any of Her
Majesty's Warehouses in New South Wales.
s. d.
For every pipe butt piece or puncheon per week ... . . . 0 4
Half pipe or hogshead ... . . . . . . . . . ... . . . 0 2
Barrel quarter cask case or box... ... ... . . . . . . 0 1
Seron or case of tobacco ... . . . . . . ... . . . . . . 0 1
Keg of tobacco ... .. ... . . . . . . ... . . . 0 01/2
Basket ditto 0 01/4
No. IV.
0
0
0