Customs Act 1854 (SA)

No. 24.

An Act to amend the Laws oJ

the Customs in 80uth Australia.

[Assented to, December 16, 1854.1

----

HEREAS it is expdieit to amend the Laws of Customs in ~ r e a m ~ *.

South Australia-Be

it therefore Enacted bv the Governor

of South ilustrdin, with the advice a i d consent o? the Legislative Couilcil thereof, as follo~vs

1. From and after t11c first day of January, one thousand eight ~ e p c a l

existing Acta

hundred and fifty-five.>

tEIZZTc:t shall* conimence 'and take effect;

and tlle Ordinance passed 011 G

ninllr day of October. one tllousand

1846, NO 16.

eight hundred and' fiwty-six, intituled ar;

BLI Act b coi~solidate

and mwid the IAWS of the C u u t o ~ ~ s ill South Australia ;" and also an Ordinailce ~assccl on the twenty-third (1:-ly of' November, one thousmd eight liw~dred and forty-eight, ' L '1'0 anlend the 1,,2ws of 1848, NO. 11.

the Custo~ns

in Sonth Anstlrnlia ;""a.pcl also an (.)rdinai~ce

passed on

the fourteenth day of Ai~gust, OIE

tllo~wmd eight Imndred a i d 1849, No. B.

forty-nine: 'CF~xrtl.~er to amend the Laws of tbe Customs in South Australia ;" shall be, and the same are hereby repealed, excepting always in so far as the said Ordinances inay repeal any former law,
or any part thereof, and excepting so far as relates to anything hw

fully donc before the com~nellcenmit

hereof.

JRyr
2. In interpreting this Act tlie scvcml terms and expressions Conaructioe

following shall

cons t r~ l~wspec t ive ly

in niannei* hereinafter

directed, tlrnt is to say, the term

Law of Custoius" shall be con-

strued to meair this or any other Act or Ordinarice at m y time in

force within the Province relating to Customs, Trade, or Navigption;

t t e terin ' L goods" shall be construed to mean all kirids of

goods,

wares,

wares, ~i~crchandize, and other articles, to which the provisions of any liaw of the Customs may be applicable; the term LL spirits" shall bc construcd to mean all kinds of spirituous liclnors, strong waters, cordials, sweetened spirits, liqueurs, and spirits iuterlcled to be used as perfumery; the tern1 s11all 1~e C O L ~ S ~ ~ L I C ~ to mean ship or vessel generally, unless such term shall be used to distiu- guish n ship from sloops, brigantines, and other classes of vessels; that the term " master" of ally ship shall be construed to mean the person having or takhg the charge or conlnlald of such ship; that the term owners," and the term " owner," of any ship shall be construed alike to mean one owner if there only he one, and any or a11 tlm owncrs if there be more tlian one; that the term " mate" of any ship shall bc coilstrued to inean the person iicxt in coiiin~ax~d
of such ship to tlle master thereof'; that the term " scaninn" sllall be coust&d to mean alike seaman, mariner, sailor, or lnndsmm, being one of the crew of any ship; that the term British Possessions" shall be construed to meau colouy, plantation, island, territory, or settlement belonging to Her Majesty; that the term Her Majesty"

shall be constrned to mean Her Jf aicstv, ITcr TTeirs, aid Sl~ccessors	;
that thc tcrrns '' Collector, or otl& ~ ~ E c c Y, ? ~ shall be construcd to
7	mean thc Collccth, or ot im prlncipnl or proper ofticcr of the Cus-
toms of t h e s l t e n d e d in t lx scntence; %at whenever mention is made of any p n b c officer, the olficer nientioiied shall be deemed to be such officer for the time being; that the term areho house"

I shall be construed to meau any place, wlletller house, shed, yard,
timber-pond, or other place in wlliclx goods entered to be warehoused upon importation n ~ a p be lodved, kept and secured, without pay-

ment of duty; that the term "

Queen's ware1rouse7' sl~all

be con-

strued to mean any place provided by the Crown for lodging goods therein for security of the Custonis; the word " port7' or the word 'Lplace" shall be taken to mean any harbor, havcn, roadstcsd, bay, v. idet, creek, or navigable river; h e word' " p,zclc'nge" m y parecl, bundle, box, bale, truss, case, or any 0 t h mode, vessel, coveriug,

may be packed, enclosed, or contiiined; and that the s inplar number

or enclosure, in which goods, wares, 01. merchnliciizc., liquid or solid,

and masculine gender sllall be construed to include the plural and

fen,irrine, and eice verstr, uulesv such eonstructiou is repupalit.

Management.

3. It shall be lawful for the G~vernor

of the said Colony to

Appointment of ne- appoint by warrant under his h2311cl and seal of the Province, pro-

cewuy officers.

per persons to execute the dnt,ics of G several offices necessary
to the due rnanagemei~t and collection of thc Custoills ailcl all mat-

ters concerned Therewith, and to require of such persons such

securities for their good conduct thcrcin as IIis Excellency shall

decni to bc reasonable and necessary, and also, as occ

quire, to remove any such person from his office: Pr

several persons filling or discharging the duties of such several

offi6s at thF%lrnc of the commencement ot 'this Act, shall continue

I to'fm-and discharge the duties of and exercise all sum-
nected with such offices until such appointrneuts be made respec-

tively.

4. Every

Munagmeat.

Every

p e r s o n ~ p l p v g d o n

any duty or service relating to

the Customs. within the said Colony or its dependencies, by the	Persons employed by
Custorr~s deemed

order or with the concurrence of the ~ o v e r n h

thereof whether

officcrs of such m-

areviouslv or subseoueotly ex~~sessed.

sl~nll

be d e e d t o be the

v i a.

&Ticer of Customs for t l lk duty or &vice,

and that every act,

matter, or thi~lg, required by Zy-w at any time in force to be done or peformed by, to, or with any pnrticdar officer no- minated ia such law for such purpose, bein,% doile or perforriled by, to, or with any pcrson appbiotkc~ by tlio Governor af tlle said Colony, to act for in behalf of such particular officer, the same shall be deemed to be done or performed by, to, or with such particular >officer.

5. Every person who shall be appointed to ally office or employ- metit in the service of the Customs shall, at his admission thereto,	Declaration on ad&
sion to office.
make the following declaration, that is to say-

" I, A, B,, do declare that I will be true ancl faithful i11 the

execution, to the best of lny kn~\vledge

:and power, of tlic

trust committed to my charge and in~pect~ion, in the service of Her hhjestp's Customs, and that I will not require, take,
or receive any fce,'perq~&itc, gratuity, or reward, whether
pecuniary, or of any sort or description whatever, either directly or indirectly, for any service, act, duty, matter: or thing, done or performed, or to be done or performed, in the execution or discharge of any of the duties of my office or employment, ou anyaccou~k whatever, otlier tLm my salary, or what is or shall be allowed me by law, or by ally special order of the Governor of the Colony for the time being."
6. If any officer, clerk, or other person acting in any office or officers taking B ~ J
employment in or beloligiiig to, the Customs in the said Colony, ~ v ~; r: ~ ~ d ~ t $ ~:
shall take or receive any fee, perquisite, gatuity or reward, whether m i d

pecuniary, or of any other sort or description whatsoever, directlj-

or indirectly, from any person (not being a person duly appoir~ted to some office in the Cnstorns) on account of anything done or to be done by him, or in any way relating to his said office or employment, except such as lie shall reccive undcr order or permission ofthe Goverlior of the said Colony, every such officer, clerk, or other per- son so offending shall, on proof thcrcof, be dismisscrl from his office; and if any person, not being rz person duly appointed to sonic ofice in the Customs, shall give, offer, or promise to give airy such fee, per- pena,Q for oRering
qusite or reward, such person shall for every such off'ence, forfeit fee.
a sum not exceeding One Hundred Pounds nor less than Ten Pounds.

7. No officer of Customs, or person employed in the collection officers of custom

not liablc to scnre in

or management of, or accounting for, the revenue of Customs, or 1	ocal offices.
any part thereof, nor any clerk or other person acting under them,
shall, during the time of his acting as such officer, or of his being
so employed as aforesaid, or of his acting as such clerk or other per-

*

son

n r a n a ~ ~ ~ f t ~ k	son 21s aforesaid, as the case niay be, be compelled to serve in any
other public office or employment, or to serve on any jury, or in- quest, or in the militia, any law, usage, or custom to the contrary thereof notwithstarding.
Holidagw	8. No day shall be kept as a public holiday by the Customs ex- cept Christmas-day, Good Friday, the Anniversary of the Foun- dation of the Colony in every year, and any days appointed by the order of the Governor of the said Colony, and also s~wh days as shall
be appointed for the celebration of the Birth days of Her Majesty
and her successors: Provided that it shall be lawful for the Governor to declare every Saturday after the hour of twelve at neon to be a public holiday.

9. In all cases where proof or evidcncc on oath or affirmation
Collector, &C., author-
-v
-.
----_I
to administer
shall be r e p r e d by any law, or shall be necessary in any mat€&
----- - -
--
--- --..
oaths and afirmations.
relating to the Customs, the same mav be maZhe"6eTore the Collector
or principal oflicer of the C~Gtorns
at%i+TaGZ wheFe such proof or
affirmation shall require to be made, or before the persons acting for
them respectively, and who are hereby authorized an
em P owered
to administer the same.

10. Upon examinations and enquiries made by the Collector,

collenm, &C,, mar

examineonoath.

principal officer of Custon~s, or other permppintedlby the Governor of the said Colony to make such examinations and enquiries for ascertaining the truth of facts relative to the Customs, or the conduct of officers or persons employed tlierein, any person examined before him or them shall deliver testinlonv on bath or --- sun, to be administeredbysvtor, officer, /-

or oEer person as s1m11 examine such person, and who are hereby

- --v

- -- - -

authorized to adrnlnister SL

-__

or affirmation and every pcrson

so exarnird whb shall be b=d

of m&ig

n h s e oath or affir-

mation touching any of the fhcts so testified ;n

oath or affirmation,

other person in couforiuity to the directions of this Act, shall be

or giving false evidence on oath before such Collector, officer, or

deemed guilty of perjury, and dial1 be liable to the pains and

penalties thereof.

i

Regulations-In-

11. No goods sliall be unladen from any ship arriviilg from parts

W U ~ C ~ S.

beyond

the

seas at any port or place in the said Colony, nor shall

General provision in- bilk be broken after the arrival of such ship witllin oue l e a p of
warda the coasts thereof rcspcctively, before due report of such ship and h e entry of such goods shall have been made, and warrant granted in manner hereinafter directed; and that no goods shall be so unladen, except at such times and places, and in such manner, and by such persons, and under tlle care of such officers, as are herein- after directed; and that all goods not duly reported, or which shall be unlsden contrary hereto, shall be forfeited; and if bulk be broken,

what shn,,beeemd

contrary hereto, the master of such ship shall forfeit a sum not

illegal lrrcriking of

exccediw One Hundred Pounds nor less than Ten Pounds; and if,

bulk,

after

ahrr the arrival of auy ship within one league of the coast of the RegaJado-
said Colony, m y alteration be made in the stowage of the cargo of Inwards.
such ship, so as to facilitate the udading of any part of such cargo, or if any part be staved, destroyed, or thrown overboard, or any package be opeued, such ship shall be deemed to have broken bulk.

12. It shall be lawful for the Collector or other principal officer

hi,

of Customs to station an officer or officers on board any ship while	in the litnits of
within the limits of any port in the said Colony, and the master of	any port.
every ship on board of which an officer is so stationed shall provide every such officer sufficient room under the deck in some part of the fbrecastle or steerage for his bed or hammock, and in case of neglect or refusal so to do slmall forfeit any sum not exceeding Twenty Pouiids.

13. That the master of every ship miving from parts beyond S h ~ ~ ~ ~ e ~ ~ f " ~ ~ ~ L
the seas at any port in the said Colony, whetller laden or in ballast, shall, within forty-eight hours after such arrival, and before bulk be broken, deliver at the Custom House of such port a re ort of such ship in t*foiiowing, or to the same effect, an 7+- containmg the several particdars indicated or required thereby, and if the cargo
of such ship shall have been ladell at several places shdl state the
names of those places, in column 1, in the order of time in which
the same were laden opposite to the goods so laden.

Port of

REPORT.

British or Foreign.

Number of Crew.

Name of Master,

Port or

If Rritlsh, port of

Ship's

registry; if' Foreign,

and whether a

Piace from

''me.

couotrj to which ahe

British

Foreign

British or

whence

belonga

Seamen.

Foreign Subject.

arrived.

---.-_I-

Here slate the ~articutars

according to the above Headings.

1 Total I

CARGO.

2. ' 3. l

4.

Packages or

Goods

(if

be any)

Name or

particulars

Names of

Name

of Packago. and

and particular^ of

tr_+ipped,

Places where

Marks Nos.

GWds (if W)

Goods stowed loose,

or to

laden in order

Can~ignea

for am;;ther

of Time.

intended to be imported

on board for

at thia Port,

Exportation.

_ _ _ I _ - - - - - - -,
Here state the Particulcxrs according to the above,;Heccdiyp, m if in Balht,

otate in Ballaat only,

I

Y Z

STORES,

RegzcZateb~t--

STORES.

lizwards,	---
Surplus Stcrev remaining on board, viz.

3

Number of Passenger!: (if any)	...	.	.	.
Agent's Name and Address ...	..-	.	.	.

I declare that the entry above written is a just report of my ship nnd her lading, and that the particulars therein inserted are true to the best of my know- ledge, and that I have not broken bulk or delivered any goods out of my said s%ip sinco her departure from, the last Foreign place of loading (except,
if so, stating whe~e. )
(Signed)

Signed and declared this

Master.

day of

Pu presence of
(Countersigned)
CO&. or Comtr.
And the master shall further answer all such questions concerning
/the ship, cargo, crew, passengers, and vovage, i s shall be demandea of him by such Collector or other offic&; and if any goods shall be unladen from any ship before such report bo mddc, or if the master shall fail to make -sucli report, or not truly answer the queutions-d of him, he fillall forfeit a suK.-&ot exceeding Uue Hundred Pounds, nor less than Twenty Pounds.

- i	Master to deliver

manifest.

14. That the master of every ship shall, at the time of making such report, deliver to the Collector or other principal officer of ~ustomk the outward manifest or the cargo of &eh &ip, and the certificate of clearance from her last port, duly authenticated by the Collector or other principal officer of Customs, in all cases where, by the law of any country, such manifest and certificate are rendered necessary; and if required by the Collector or other priucipal

crew, passengers, and voyage, as shall be put to him by such Collector

oficer, shall answer all such questions relntiug to the ship, cargo,

or other principal officer; and in case of refusal or failure to pro- duce such rnahfest, and certificate of clearance, or to answer && questions, or to answer them truly, or if such manifest and certificpte of clearance, shall be false, then and in every such case such master shall forfeit and pay a sum not "exceedkg Ohem Hundred

Pounds, nor less than Ten Pounds: A d also that when any vessel

shall be wrecked or cast ashore upon any part of the coast within

In use	rrecl-,	*the limits of the said Province, the master br owner thereof shall
to

at the ncnrcbt

forthwith make n report inwards of such ship and cargo, so far as

Custom H U U ~.

it may be possible for him to do so, at the nearest Custom House to that part of the coast where such vessel shall be wrecked or cast ashore; and if such master or owner shall hi1 to make such report, he sh l forfeit a a m not exceeding One Hundred Pounds,

nor less than $

en Pounds.

15. The mastor of every ship required to have a manifest on Regutatio* board shall produce such manifest to any officer of Customs who Inwards. shall come on board such ship after her arrival within one league Mastcr to produca

of the coast of the said Colony, or within tlie limits of any port	manifest to Officers
of customs within
thereof, and who shall demand the same for inspection; arid such	one league of
master shall also deliver to any such officer a true copy of such	and d c l i v e r c o ~.
manifest signed by the master, if required so to do; and if such master shall not ally case produce such mmifest, or s l d l not deliver such copy, he shall forfeit and pay for every such offence any sum not exceeding Fifty Pounds.

16. When any ship shall arrive within the limits of any port in Ship to brinBtO
being hailed IJY

the said Colony, and shall ilot bring-to, being npproachcd and bailed	boarding offieera,
or otherwise signalled by any boat bclongiug to Her Majesty's Customs, hoisting and carrying the Cmtonl House flag, the master of such ship shall forfeit and pay a sum not exceeding One Hundred Pounds, nor less than Ten Pounds.

17. I t shall be lawful for the proper officers of Customs to board officers to board

any ship arriving at any port of the said Colony, or bcing within	vhipa
one league of the coast thereof, and fieely to stay on board until all goods Ldcn therein shall have been duly delivekd from the same; and such officers shall have free access to every part of such ship, with power to ftlsten down hatcliweys, and to mark any goods be- fore landing, and to lock up, seal, mark, or otherwise secure, m y goods on board such ship; and if any plaw or any box or chest be locked, and the keys be withheld, such officers, if' they be of a de- gree superior to tide-waiters, may open arly such place, box, or cltest, iu the best manner in their power, and if they be tide-waiters, aucl only of that degree, they shall send for their suierior o f i c ~, who may open, or cause to be opened any such place, box, or chest, iu the best manner in his power, and if any goods liable to duty be found concealed on board any such ship, they shall be fbr-
feited; and if the officer shall place any lock, mark, or seal upon
any goods on board, and such lock, mark, or seal be wilfully opened,
altered, or broken before due delivery of such goods, or if any such goods be secretly conveyed away, o<if the hnGhwajs, after having been fastened down by the officer, be opened, the master of such ship shall forfeit a sum not exceeding One Hundred Pounds, nor less than Twenty Pounds,

18. That the person entering any goods inwards (whether for Bill of entry ~r b.
payment of duty, or to be warehoused upon the first perfect entry thereof, or for payment of duty upon the taking out of the ware- house, or whether such goods be free of duty) shall deliver to the Collector, or other proper officer of Customs, a bill of tlie entry of such goods fairly written, or fairly written in part and fairly printed in part, in words at length in the form following, or to the same effect, and containing the several particulars indisated or required thereby.
ENTRY.

Regulation-

ENTRY.

Inwards.

h o d s to be

Warehoused

Du tv Paid Goods

~ o n k

Consumption

as the cr)se may be,

Transhipment
Duty Free
Port of
Importer's Name

If for Home Consumption,

British

Port or

date of Warehoming Entry

Flr~ce

from

Ship's Name,

Master's Name.

If Coods to be Warehoused,	Foreign.	whence
Name of Store.	imported.

l1f for Transhipment, Name of Export Ship. (

Master.

Destination. --

(
Number of Packages. Quantities, and

Descriptions of Goods as charged

If c,,arped at value, Value to be

in Table of Duties.

stated in Words at Length.

.......

Total amount of Duty payable

on this entry

I

Dated this

day of

18 .

(Signed)

Intpoi~er

or Agent,

And shall pay any duty which may be payable upon the goods mentioned in such entry, and such person shall also deliver at the same time dup cates or triplicates, as the case may require, of such

bill, in which a l sums and numbers may be expressed in figures, 'i

and the particulars to be contained in sucli bill shall be written, or

pa"ly
partly written and partly printed, and arranged in such form and Regulation-
manner, and the copies of such duplicates or triplicates shall be 1nf"a9'db.
such mtl so many as the Collector or other principal ofticcr of
Cuhtoms shnll require; and such bill being duly siglied bp the
Ctrllector or othcr proper officctr shall be the w:maut for the Iauding

m d delivcry of such goods.

The importer of any goods intended to be warchouscd without mlportcr of gocda

illtaiitlccl to I r e wtrc-

payment of duty on the first entry thttlwf, or his agcrrt, shd l hl,,tscd witiluut

de-

deliver to thc Collcetor a hill of entry of swll

togrtller with -111~11t of 1

h c r to C:ollector a

such duplicates or triplicates as he may require,

in the sawc m m - bill ofontry.

ner and form and contni nitg the sninc 1~articul;~rs

as a e

I~erein-

before rcqnircd on the entry of goods to be delivered f'or home co~rsurnption on tllc landing tlsereof, as far as thc smle shal! be apphahlr, allcl the nanw and description of' the wrrliousc in w11ich such goods are intended to bc warelloused, and the name of' the
persoil ill mhosc name t h y are to Inc so wnrclioused; and such bill
of entry, wllcu signed 1 ) ~ t1lc Collector or ot l~er proper oEccr, shilll

be trmsmittcd to tlle l;roper

ofticer of Customs, and bc the wasraut

for the due ~~~ :~ rchous ing

of' such goods.

21. Whenever anyegoods shnll remaiiin on b a r d any importing Itgaonaramnin on

&ip	beyond tllc pe~lod of twenty-eigllt days, after the an.ival of board l u n p r t l m

B U ~ h

&ip, or beyond any such further period ss the Collector may fourteen days, ex-

penses of W ~ ~ L C ~ I P ~

allow, such ship shdl be detained by the proper officer of Cus- be paidl
Begubrtio*

Inwards.

toms until all the reasonable expenses of watching or guarding

P"'

such goods beyond such twenty-eight days, or such further time,

if any, allowed, as aforesaid, be paid.

Entv not valid if not

22. No entry nor any warrant for the landing of any goods, or for the taking of any goods out of any warehouse,shall be deemed valid unless the particulars of the goods and packages in such entry shall correspond with the particulars of the goods and packages pur- porting to be the same i11 the report of the ship and in the manifest where arnanifest is required, and in the certificate orotherdocnment where any is required, by which the importation or entry of such goods is authorized, nor unless the goods shall have been properly described in such entry by the denon~inaiions and witlr the cha- racters and circurnstailces according to which such qoods are charged nith duty, or may be imported; and any goods &ken or delivered out of any ship or out of any warchousc, hy virtue of any entry or warrant noteorresponding or agreeing in all such respects, brnot pro- perly describing the same, shd1 be deemed to be goods landed or taken without due entry thereof, and shall be f'orfeitcd.

properly describd

tlot permitted to make

Onauthorized penons

23. Every person who s l d l make or came to be made any such entry of wy goods, not being duly autlmrized thereto by

the proprietor

entries.

or consignee of such goods, shall for every such offence forfeit a sum not exceeding One Hundred Pounds nor less than Ten Pounds.

Entry inwards by bill

of sight,

24. If the importer of any goods or his ltnown agent shall make and subscribe ,z declaration before the Collector, or other proper officer of Customs, that he cannot, for want of full information, make perfect entry thereof, it shall be lawful for the Collector, or other proper officer, to receive an entry by bill of sight for the packages of suchgoods by the best description which can be given, and to grant a warrant tlicreupon, ia order that the sanlc niay be landed and secured to the satisfaction of thc officers of' Customs and at the expense of'the importer, and may bc seen and examined

"
by such importer in the presence of the proper officer; and within

three days after the goods shall have bcen so landed, the importer

shall make a perfect entry tllcreof, and shall eithcr pay all duties

due thereon, or duly warehouse the same; and in default of such. entry within such tllree days, such goods shall be taken to the Queen's Warehouse; and if the importer shall not, withiu one month after such landing, make perfect entry of such goods, and pay the duties due thereon, together with charges of removal and warehouse rent, such goods shall be sold for the paplent thereof, and the overplus, if any, shall be paid to tlie proprietor of the goods, or other person duly authorized to receive the same.

Goods by number,

measure, and weight.	25. If the goods in any entry be chargcd to pay duty according to the number. measure. or weidit thereof. such number, measure, or weight shafi be stated in the entry; add if the goods in sucG entry be charged to pay duty according to the value thereof, such value shall be ascertained by the production of the invoice of the
goods referred to in such entry, and by the declaration of the im-

porter

ol.ter of such articles, or his known agent, in manner and form Reg~lafio*

Inwards.

following:

that is to say-

I, A. B., do he~eby

declare tlist the invoice now producod, is a

genniiie invoice, and $hat the values of the iwticles therein contained, is the current value of the game articles a t the same place from which the same were imported-Wituesa

my hand, this

day of

one thousand eight

hundred a id

A.R.

The above declaration, signed

tllt:

day of

in the presence of C. D.,

Collector, or other principal officer."

Which declaration shall be written on tlie bill of entry of such articles, and shall be subscribed with the hand of the importer thereof, or his known agent, in the presence of the Collector, or other principal officer of Custonis, at the port of importation; and such invoice price, with the addition of Ten Pounds per ceiltuizl thereon, shall be deemed to be the value of the articles upon which the duties due thereon shall be c h q e d and paid: Provided also, that if it shall appear to the Collector, or other proper officer, that such articles have been found invoiced below the real and true value thereof, at the place from whence the same were importad, or if the invoice price is not known, tlre articles may id such case be examined by two competent persons, to be norninrbtcd :tud appointed by t11e Governor, and such persons shall declare on oath, if rquired, before the Collector, or other proper ofiner, what is-the true and real value of such articles at t l ~ c port of iinportation iu the said Province, and the value so declared shall be deemed to be the true and real vaalt~e of such articles, aud upon wllich the dutics due thereon shall be charged and paid.

occasioned by such Gxnmination, it ~lrall'~n11d may be lawful for the Collector, or other proper officer of the Customs, and be is heyeby reqlrired to take and securc the swmc, wit11 the p:aclinges	tllereo6 and to cause the same to be publicly sold, witllin the space	of twenty days a t the most after such refusal made, and at such
time and place RS sue11 officer shall, by four or more days' poblic notice, appoint for that purpose, which articles shall be sold t n tha best bidder, and the money a,rising from the sale thereof shall be applied in the first p1:tcc in pavmeut to the iwporter of the amount
in respect of which he was willing to pay duty upon such goods, and in the next place, in payment of the said dities, together with the
charees that shall have been occasioned by the said sale and exnminntion, nnd the overplus, if auy, s l d be paid, one moiety to the ofticer of Customs who may have dc tn i ld tlie sawe goods, and the other to the Collector of Customs, and carried to accot~nt
as duties of Customs.

27. If, notwithstanding what is hereinbefore provided, upon the Detention of goods

examination of ally goods entered for duty which are chargeable	"der
with duty upon the value thereof, it shall, appear to the OfEcer

of

Reguktion-

of Customs thaA such ioods are not valued according to the t rue

Inwards.

value thereof, or that they are properly cliargeable with a b i ~ h e r

rate or amount of duty than that to which they would be subject

Service of notice in

according to the wlw tilereof as dewii,ed in the eutrv. a d aftcr

case of.

such goods d d l have bee11 examitled by two co l l~~c t&t

pc3r~otrs,

to be nominated and appoi~ited by ttle Gore1-uor :IS nfi,rcs:iid, a i d declared by then1 on oath, if required, to \,c iuroicecl I~clom t l l c ' rwf ant1 true valae thereof, i t shall bc lawful for sw11 Of-Lccm to detain the same; in which case they shall forthwith give notiw? i c writing, to the nerson entering thc same, of' the detention of such goods, citllcr 'by delivering such notice personally, or by transmitting the same by post to such persou, addressed to him, a t his place of abode, as stated in .his entry; ancl tile Collector of Customs shall, within sewn days after the deten- tion of such goods, cletel~minu either to deliver such goods or1 the entry of' such person, or to retail1 the same fur the use of the Crown, in which latter case, they shall cause the v:duc: at wl~iel i the goods were so entered, together &th m ndditioil of l'i:tre!l Iter Ceut.,

In cnse of sale of

and the cl~lties already pnid on such eutim.y. to be pnid to the person

,,,.oeeeds

eutering tlie same in full s:ltisiaction fbr snch good:;, or mny pcnnit

t o be ~~pplicd.

such person, on his application h r. t h t purpciGc, to n ~ w l ~ d w c h entry, a t such vitlue and OH such terms as tllcy 111,iy dirixt; m c 4 if tlie hdlector shall retaio sue11 goods, be ~ l d l ;::ld i l l i ly dispose of them for the bcucfit of the Crown, and if' t 1 ~ ~ ~ O C C C C I S :~ri:;iqg tllcre- from in case of' sale fillall exced the sunls so p:ii[l, ancl all cllnrgcs: incurred by the Crown, onc moicty of' SIIC!~ s~wplus sl~all be paid to the OHicer of Costoms who mi-y lrnvc detaind tlro name goods, and the other to the Collector of customs, and carried to accouut as duties of Customs.

Goods damaged on

voyage.

28. If any goods which are liable to the payment of duty shall receive darnage during the voyage, an abiltttn~el~t

R L K ~ duties

slid1 be allowecl in prol)ort8ion to the d:t~:inge su rcceiverl, provi{led due proof be innde to the Collcctos that snch dam::gu ..was reccived aft,cr tlle goods more shipped ill the ship inlportilig the sane, allcl

before thcy were lnndcd in this Province; and provided claim to

such abatement of duties be made at the time of' the first esaruivltltion

of such goods.

to e=mille

29. The omcers of Customs shall thereupon rsnininc such goods wit11 reference to such damage, and ma,y stntc tlie proportim of damage which, in their opinion, such goods have so received, and may nmke n proportionate ahntcmcnt of duties; but if the officers of Customs be incompetent to estimate such clam~ge, or if the importer

damagr.
- be not satisfied with the abatement nlncle by them, the Cdcc tor or other principal officer shall choose two iniifl'vre ,t nlcrcltauis, expe- rienced in the i~atuse and value of such goods, who shall crrmline the same, and shall make and subscribe a declaraticn, stutiug in what proportion, accordiug to their judgment, such goods are lessencd iu their value by reason of such damage, and tl~ereupon the officers of Customs may make nu abatement of the duties according to the pro-
portion of darnage so declared by such merchants.
30. No
30. No goods whatever shall be unshipped from any ship arriving %~2alion--1n-

from parts beyond the seas, or landed o r put on shore, except ou

wards.

d; t p not beink

Sulid:lys

or holidays,

and withill the l e p l hours-

Time ind placcs fvr

t i ~ a t

is to say, between eight in the mornins and four 111 tllc after- landing goods,

11oon from the first day of October to the tlllrty-first day of March, and between nine in t lk morning and four in the afternoon from the first dnv of April to tlie thirtieth dng of September, excepting, on ~ i t t u r d ~ ~ s; and on every Saturday tllroughout the year from eight o'clock in the inorning until twelve o'clock at noon, unless special authority be given by the Collector of Customs, and then only upon depositing the overti'n~c pay due to the officer or officers attending; nor shall any goods be so unshipped or landed unless in the presence or with the antllority of the proper officer of Customs, and such goods slxill be lauded at soim ~vharf; or place appointed for the lnnding of goods; and no goods after having beell put into any boat or craft to h landed, shall be reirlovcd into any other boat or craft previously to their bcing duly landed without the permission or authority of the proper officer of Customs, ancl all goods u~lladen
contrary to this or any lam of the Customs sllnll he forfeited, and all persons concerned, whether directly or indirectly, in the landing of eoorls before dnc entry be passed and warmut gmnted, s l ~ l l be

subject to a pex~alty	uot exceeding Fifty Pouuds nor less than Ten
Pounds.

Persons removing

31. That if any goods which shall be hereafter i~nport~ed

shall be

goods, &C., previmn

removod fmm an? &p,	w l ~ r f,	or other place previ&w to exnmina-	to esnrninntiun to
forfeit tftrllc value or

tion thereof he the p r o p officers of Customs, exccpt by a

E100.

5----

ofor with an nuthority in wdt8iilg f w l such officer, and for wch aurnose as shall be tlkrcin expressed and l; due conformity there-

with, every person who s\lnll nsbist or be in allywise concernej in s ~ c h
rcmoval, or who shdl Imotvingly harbor, kccp or conceal, or know-
ingly permit or sl~ffer to be lrnrbortvl, kept, or concealed any such

or to wl~ose

bands or possession any such goods shall knon-

iil~~;ly

C, O I ~ C, sl~nll

forfeit e i t m e

value

or the penalt

of One Hundred Pounds at tlie election of the CollecGs- or o t l i z

princ-rF"ZE~stoms.

32. That the unahipping, carrying and lniiding of all goads, and G ~ ( 1 s

to be un-

slii?pxl,

RC , at the

the carriage and renioval of the same to the proper place after lantl- expelibaoflmporter.
ing for ex;uuii~ntioir or tor weighing, and the putting into and taliing
out of the scnlcs after \r.ei&ing, itlld tile opening and closing of tlie
same, and the carriage tlicreof to the warehouse, shall he perforrrml
by or at the expense and risk of tlw importer; and the importer or
persou entering i t ~ ~ p timhcr or wood to be charged with duty by measurement, shall, a t his expeiise, pile, sort, frame, or otherwise place the same in such maniwr as the Collector of Customs inay &ern necessary to enable the oficcrs to measure and to take the! account tlmel f, and in all cascs where the same is measured in bulk the measurement slral be taken to the full extent of t11e pile, and no allo\sance shall be made by the omcer on account of any interstices, but battens, boards, deals, and planlis exceeding twenty- one feet in length iuay be measured bp the piecc and the acconut thereof taken separately.

-4 3

33. If

~ + ~ ~ i o f i - - O ~ ~

33. If the proper officer of Customs shall place any lock, mark,

wards.

or seal upon any st'ores on board any ship arriving within any port

Ofiecrs may FCJ

of the said Colony, and such lock, mark, or seal be wilhlly opened,

stores i

nwnrds.

Ilarls broken,Bc, altered, or broken, or if any such stores be sccrctly conveyed away,
Master to forfeit S 50. either while the shin remains within such nort or before she shall
have arrived at nny'othcr port within the sxid Colony to which sllc may then be about to proceed, the Mastcr of such ship shall forfeit the sun1 of Fifty Pounds.
Importation of ob-

scene articles pro-

34. If any indecent or obscene print, painting, book, card, litho* graphic or other engraving, or any other indecent or obscene article shall be iinported into the said ~ d l o n ~, t l ~ c satno slmll be forfeited,

hibited.

and shall and may be seized by any oacer of Customs, and destroyed

as the Collector of Customs shdl direct.

General provision

outwarde.

$5. No goods shall be shipped or water-borne to be shipped on board any ship in any port or place in the said Colony to be carried to parts beyond the limits thereof before due entry outwards of such ship, and before such ship depart due entry of such goods shall be made, and no goods shall be so shipped except at such times and

places and in such innuner and by such persons as are lwein

directed, and any person shipping goods which sl~all be shipped or

water-borne to be shipped contrary hereta, shall forfeit a d

pay any

sum not exceeding Thirty nor less than Ten Pounds.

Entry outwards of

ship and cargo.

36. The Master of any ship bound from the said Colony sMl, before any goods bcs laden therein, cleliver to the Collector or other proper oficer of Customs an entry outwards, sigired by s~zcli Mas- ter, in the followintz form or to the same effect and cuntaiuinsr the V several narticulars Ldicated or reauircd herebv-

ENTRY OUTWARDS.
Port of (n'ame of f"rE of E~:portution).

Ship's Name.

-A --P

British, Name

I f Foreign, Name

Tonnage.

Ma~ter's Name.

Port of Destination.

of Port

of Country to

jf her Registry.

which she belongs.

------

l
l

Lying at (Name of Station or place in Port).
(Signed)
Master or Agent.
Date of entry
(If sht& shaZl Rave commenced her

kr Gig at any other Port, name of

such

Pt wt].

And

And if any goods be laden on board any ship before such entry be Re9ulationLOuC

wards.

made, the Master of such ship shall forfeit and pay the sum of Fifty	C
Pounds, and before such ship depart the Master shall deliver to the Collector, or other proper officer, a content in writing signed by him in the form or to the cffcct following and containing the several par- ticulars therein required-

CONTENT,
Port of

Number of

Name

Shi*

Name.

of mster.

Tassengcra

Country.

Troops.

-p---

----

Here state the Particulars according io the above

Headings.

Cleared

Examined

(Signed)-

Searcher.
Dated
I do cleclare, that the above Content is a true Account of all Goods shipped or in- tended to be shipped on board the above-named ship, anu correct in all other par- ticulars.

(Signed) --

Master.

Signed and declared, this

day of

before me,

( S i g n 4.

.-----v

Collector or Comptroller.
And shall maltc nnd stlbsc~ibe a declaration to the truth of such. content so far as any of such particulars can be known to him, and the Master of every ship bomtd from the said Colony, whether in ballast or laden, shall, before departure, come before the Collector or other proper officer and answer upon affirmationall such questions concerning. the ship, and cargo (if any), and the crew, passengers, and voynge, as shall be demanded of him by such officer, and there- upon the Collector or other proper officer (if such ship be laden) shall make out and give to the Master a certificate of the clearance of such ship for her intended voyage, containinw an account of the total quantities of the several sorts of goods %den therein, or
a certificate of her clearance in ballast, as the case may he, and if
any

~q&tion--Out-

any ship shall depart without such clearance, or if tbe Master shall

wards.

ddivcr L filse content or shall not truly answer any question do- mancled of him, he shall forfeit and pay m y sum not exceeding One I-Jundred nor less than Twenty I'o&ds Provided alway{ tlmt wbere it shall be uecessary to lade any heavy goods on board any ship before the whole of the inward cargo is disclmged, it shall be lawful for the Collector to issue a ~t~ifferiing order for that purpose previous to the entry outwards of the ship.

Time of clcarsnca	37. No clearance shall be granted unless all the inward cargo shall have been duly accounted for to the satisfaction of tlie Col- lector, and all 0 t h requisites of law complied with, and no clear- ance shall be denlanded unless all official docnrne~its connected with the ship shall have been deposited with the proper cficer before two o'clock post merid iu on the day on which such clearance is required: Provided that nothing shall prevcnt the principal officer of Customs from granting a clearance on any day, although such papers have been helivered later than two o'clock
on that day.
Goods not stated in
entry to be produce	38. No goods shall be stated in such certificate of clearance of any have been expressly stated so to be in the entry outwards of the same, and before any goods s l d l be shipped for exportatim, as being the produce of the snid Colony and its dependencies, and upon which
of thie Colony, not to	ship to be the produce of the said Colony unless sucb goods shall
be cwtified as such,
any advantage shall be claimed at the port of importation, sufficient
proof shall be made to tlie satisfaction of tlie Collector or other principal officer of Customs, that such goods are the produce of the said Colony and its dependencies, whrrcupon the Collector or other principal officer is hereby en~powered to grant a certificate to that effect: Provided that it shall he lawful for the Collector to grant certificates of produce from neighboring Colonies, upon proof made to his satisfactlou, that such goods are the produce of' those Colonies.

Entry of goods;

of entry to be de-	39. That the person enteriug outwards any goods, in respect to which no borid is required, to be exported to parts bevond the seas from any part in the' said '~olony, .&all deliver to the Collector or other principal officer of Custorns a Shipping Bill of such goods in the following form or to that effect and containing the particulars indicated therein or required thereby-
liveitcl,

SHIPPING BILL FOR FREE GOODS.
Port of
Exportsrb mme
British

I	Muster's Name.	Port or l'lace of Destination.
-----

Ship's Name.

or Purcign.

Marks
Regulations-Out-

Quantity, Q~lnlity,

wards.

Description of

and 1)escl.iption

Produce.

Value.

Pachages.

of Goods.

-
T declare the value of the above Goods to be
(Signed)
Ex-porter or Agent,

PPO	Collector.

bated this

day of

And such person shell also deliver, at the same time, duplicates or triplic%tes of such Bill, in which a11 particulars shall be written and arranged in such form and manner, and so many copies of such du- plicates or triplicates shall he delivered as the Collector or other principal officer of Customs shall require, and such Bill, being duly signed by the Collector or other proper officer, s l d l be the warrant

for the s ~ ~ i ~ m c n t

of such goods.

40.	Before any warehoused goods, or goods cutitled to any draw- Entv outwards of wnrehnusad goods,

back of Customs, shall be shipped or water-borne to be shipped for .,,d	guoda fur draw-
exportation, or befbre any qoods be transhipped, the exportkr or his back. a p t sllall deliver to the eollector or otller prnper oficer, a Ship-
ping Bill of such goods in the form following, or to that eff'ect, and
containing the particulars indicated therein, or required thereby-

SHIPPING BILL.
Port of
Exporter's name
Goods from the Warehouse
Drawback of Customs

Transhipment

l as the case may be.

Whether British or

Ship's Name.

Foreign, if Foreign,

Master's Name.

Port or Place of Destination.

the Country.
-
I

Imported by

185,

in the

d y O f l

Pucknge or

Quantity, Quality,

Numbers.

and Ilesx?prion

Value.

Description.

of Gouds.

-*-

Total number oP

Tot J value

Paot;ages

... 1

I declare the value of the Goods abov8-described to be 6:

and I

drtim drawback on [here state the quantity and description of Goods in respect cf
which drawback is claimed].

(Signed)

Exporter or Agent,

pro Collector.

.Dated

day of

And

Ra$u@ddn-(?@b

And: such person shall also deliver at the same time, dupl&ates or

wards.

triplicates bf such bill^, in which all particulars shall be written and arranged in such form and manner, and so many copies of such duplicates or triplicates shall be delivered, as the Collector or 0 t h principal officer of Cnstoms shall require, and such bill being duly signed by such Collector or othcr proper oficcr, shall be the warrant for the shipment of such goods.

Drawback on goods

41.

There sliall be allowed upon the exportation of goods, wares, or merchaudize, other than spirits, wines, tobacco, and bear, imported into any port in the said Prmince, the value of which goods shall amount to Fifty Pounds, a drawback of the duty paid tliereon: Yro- vided always, that due proof be made to ~,hehoollector or other prindipal officer that the full duties on importation had been paid: Provided also, that bond be given with one or more sufficieni sureties to be approved of by thc Collector or other proper officer, in double tlw amount of the d ~ a w b x k claimed, tlint such goods shall not be landed in any part of the Province: And provided that the goods s l d l be shipped within two years from the day of importation thereof, and that such drawb:tcllr is duly claimed within one year from the day of such shipment: Provided also, that no drawback shall be allowed
exported, having paid
dus on imporratim
upon any goods which by reason of damages, or decay, shall become
of less value for home use than the amount of such drawback, arld all goods so damaged, whieh shall be cleared for any drawback, slmll
be forfeited, and the person who caused such goods to be so clcared
shall forfkit the sum of Two Huidred Pourrds, or treble the amount of the drawback in such case, at the election of the Governor: Pro- vided also, that the package containing such goods shall not have been opened, or any of the contents taken therefrom, except for examination or sample.
Drawbacks and re-

misbion of duties on

42. A drawback of the whole of the duties of Customs shall be

wines, &r., allowed

dlowcd for wine intended for the consumption of tllc respective

for rnessesof bfilitar~ messes of the officers of' lIer Majesty's troops serving in south

and Naval Officers,

t o r for H

Australia, and of officers of Her Majesty's Navy, on board such of

MaNsty"	Her Majesty's ships in actual service as they s11a11 serve in, alld on all stores for Her Majesty's Service; or the same may be 1andc.d on first importation, or delivered out of bond free of duty, subject to such regulations as the Governor, or Collector of Customs, may from time to time in that behalf appoint.
Debenture goodsoot
exported, or, if re-	43. If any goods which have been taken out of any warehouse to yond the limits of the said Colony or shall be relanded therein, such goods not having been duly relanded or discharged, or short-shippkd under the care of the proper officer of Customs, the same shall be forfeited together with the ship, boat, or raft, which may have been used in so relanding or carrying such goods, and any person by or through whom such goods shall have beeu so taken or clcared or so

rna.d	entry, be exported from the same shall not be duly exported to parts be-
forfeited.

rehnded
.relanded or camied shall forfeit treble the value of such goods or Regula~~o+--Ouf-

the sun1 of One Hundred Pounds, at the election of the Collector	ward$.
or other principal officer of Customs.

44. NO goods sllnll be put off from any wharf, or other Times and pl~ces

fot

place, or shall bc water-borne in order to be exported, except on 8hi~~ ingg00"
days not bcing Sundays or holidays, and 'ln tlle day t i n l e t h a t is
to say, bctween sunrise arid sumet; nor, except from some wharf or
place appointed by the Governor of the said Colony, or the Collector
of Cust m1s: Provided always, that no goods, upon the exportation
or trmsl~ipment of which bond is required, ddl be shipped or water
bornc to be sliippcd except during the legal hours appointed for
landing goods.

45. If the proper officer of Customs shall place any lock, mark, ~ ~ ~ ~ ~ ~; ~ e ~; ! ( ~ ~ ~ e

or seal upm any goods taken from the warehouse without payment warclwuse outwards,

of dotv, nu stores on board any ship departing from any Pod in the ~

said Colony, and such lock, mark, or seal be &lfully opened, altered, f o r m m),

not

or brolie~,

or if any such goods be secretly conveyed away, either less than f 5.

while such ship relnains at her first port of departure, or at any other port or place witllin the said Colony, or on her passage from one such port or place to another, before the f i n d departure of such ship on her foreign voyage, the master shall forfeit and pay any sum not esceediug Thirty and uot less thm Five Pounds.

46. Upon the entry outwards of any goods to be exported from rnnds

'Obegiven

the wrtrchonse, or for drawback of dutics of Customs, or of goods liable to duty, for transhipment, or munitions of war, the master of the ship shall give security by bond in donblc thc duties of importation on the quantity of such goods, with one or more sufficient surety or sureties, to be apyro~ed by the Collector or other principal officer of Customs, of which sureties the exporter or his agent shall be one, that the samc shall be landed at the place for which they shall be entcrcd outwards, or otherwise accounted for to the satisfaction of

such Collector or other proper officer.

47. Tt &all be lawful for any officer of Customs to go on board Oficere may bond

any ship after clearance outwards within the limits of any port of ,,,,	any ship aftcr elear-
the said Colony, or witlrin one league of the coast thereof, arid to demand the clearance, and if there be any goods or stores on board not contained in the clearance, such goods or stores shall be forkited; and if any goods contained in such clearance be not on board or be
not satisfactorily accounted for, the blaster shall forfeit any sum
not exceeding One Hundred Pounds nor less than Ten Pounds for every package of goods contnincd in such clearance and not on board or not saksfaetorily accounted for, and if at the time of any
officer of Customs repairing on board any such ship for the purposes
herein set forth such clearance shall not have been delivered to the master, it shall he lawfid for the officer to produce the said clear- ance, or the master's content or report oatwards, and to use such documents s s or in lieu of the clearance for the purposes herein- before-mentioned, the term clearance being construed to signify the

ce?tifi cate

certificate of clearance and manifest and other DaDers thereto st4	I I
tached under seal of the Customs.

BeyuZcltio?t--

Coast-

wise.

48,

All ships trading from one part of the said Colony to another

Coasting trsde.	part thereof, shill\be considered as engaged in the coasting trade..
What goods s11nll Lo
carried cunstwim	49. No goods shall be carried coastwise, or in any coasting ship, except such as shall be laden to be s o carried at some port or place in the said Colony; and that, if any goods shall be taken into or put out of any coasting ship at sea, or if any coasting ship shall touch at any place over the seas, or deviate from her voyage, unless forced by unavoid:ible circumstances, or, if the master of any coasting ship, which shall lmvc touched a t any place over the seas, shall not declare the same in writing under his hand to the Collector or other proper oflicer. of Custon~s at tlje port in the said Colony wherc su& sliip shall afterwards first arrive, the master of such ship shall fbrfeit a sum not exceediug Two Hudred Pounds.
Goods carrird cosst-

wise, under what

50. No goods shall be laden on board any ship in any port or

mgulations.

place in the said Colony, where any officer of Customs s l d l or may be hereafler statior~etl, to be carried coastwise; nor having been brought coastwise, shall be unladen until due uutice in writing, sigi~ed by thc master, shall be given to the Collector or other prin. cipal officer of Customs by thc master, owner, or agent of such ship, of the intention to lack goods on board the same to be so carried, or of the arrival of such ship with goods so brought, as the case may

be, nor until proper documents shall have been granted, as hereafter

directed, for the lading or unlading of such goods, and such goods shall not be so laden or unladcn, except at such times and places, and in such manner, and by such persons, and under the care of such officers, as slid1 be alrpointed bg the Collector or other proper officer of Customs, and all goods liabletoduty on importation, laden,

water-borne, or unlnden, contrary to this Act, shall be forfeited, and

the master of any ship so lading or unlading any goods contrary to

the true intent and meaning of this Act, shall forfeit and pay a sum

not exceeding One Hundred Pounds.

Particulars in notice.

51. Such notice shall contain the name and tonnage of the ship, the name of the port to which she belongs and is bound, or from which she has arrived, the name of the master, and the name or description of the wharf or place at wl~ich her lading is to be taken

in or discharged, as the case may be, and such notice shall be signed

by the master, owner, or agent of such ship, and slmll be entered in

a book to be kept by the Collector or other proper officer of Customs for the information of all parties interested, and every such notice for the unlading of any ship shall be delivered within twenty-four hours after the arrival of such ship, under a penalty not exceeding Twenty Pounds, to be paid by the master of such ship.

52. When
Regdation-- Goad/-

52. When due notice shall have been given to the Collector or

wise.

other priricipal

officer of

C ~ ~ s t o m s

a t the port of lading, of the

Afttr notice given of

intention to h d c goocls on board any coasting ship, such Collector	landing goods on
or principI officer shall g r m t a geueral suff'erarrce for the lading of	brmrd coasting ships,
Collector may graut

goods (witl~out

specifvii~g

the same) on board such ship, at the

a general sufferance.

wharf or place which &all be expressed in such snfferuoce, and such suffemnce shall be a sufficient mthority for the lading of any sort
of goods, except goods from the bonding mareliouses, or upon
which the full duties due thereon have not been paid.

53. The master of every coasting ship shall kcep or cause to be kept a cargo book of the game, stating the rlame of the ship, of	Master of ship to keep
8 ClWgW book.
the master, awl of the port to which she belongs, and to which she is b o ~ ~ n d on each voyage, and in which book sliall be en- tered, at the port of lading, an account of a11 goocls taken on board sucE ship, stating the description of the paclca+g~s, and the description of the goocls therein, and the yuantit~es and descriptioirs of any qoocts stowcd lnose, and in which book shall be noted the respccti'i days upon wllicll any of such goods shall be dclivcred out of such ship at the port of disc!lnrgc, and also the respective times of depnrturc fi.oru. the port of l:tdiag, a,nd of arrival at any port of unlading, aud such mcster shall prodiwe such book for the iuspection of the tide-survcvor or o t lm proper officer of Custums, so often n s the same slkiil he demmdrd; and if sucll nxlster sl~all f%l to keep such book, or to prorlucc thc same, or if at any time there be found on board such ship any such goods not entered ill the cargo book as ladco, or any such p o d s not noted ns delivered be ilot 011 board, the nlnster of such s1up shall fbrfcit any sum not exceeding Twenty Pounds.

54. Before any coasting ship shall depart from the port of lading,	liable to duty to he
Account of goods

an account, together with a duplicate of the same, written and signed	delivered to the Col-
by the master, shall be cleiivorecl to the Collector or other proper	lector or other proper otlicer.
officer of Customs, and in ~ u c h accoilnt shd l be set forth such par- ticulars as are rcquirctl to bc cntererl in thc cargo hook of all goods
to duty at thc port of discharge, fronl such goods upon which the duties	liable to duty on importation, distinguishing such goods as are liable
due have bccn paid, and generally, whether any fiee goods be laden
on board; and the said Clollcctor or otl~er proper officer shall select ancl retain one of such acconnts, and shall rctwn thc othvr, after having dated and signed thc snmc, ancl note tl~ercoil the clearaiice of the ship, and such account shall be the transire or clearance of the ship for the voyage, and of the goods expressed therein, and if any such accouiit be f:,tlse, or shall not corrcsl~ond with the cargo book, the master shall forfeit a sum not exceeding Fifty Pounds, and any goods liable to duty on importation, not duly inserted therein, shall be forfeitcd.

55. Before anv goods be unladen from anv coast in^ shiw, at the

Trnneire to be de-

< >

1. li\,ered to Collector
port of discharge, the mastcr, owner, or agent of such ship, shall before gwds
deliver the transirc to the Collcctor or other principal officer of Customs of such port, who shall tllereupon grant an order fbr the .unlading of such ship at the wharf or place specified in such order:

C 3

Provided

%~lati-

Provided that if any of the goods on board such ship be subject to

R"k	--	duty payable on arrival coastwise at such port, the master, owner, or
agent of such ship, or the consignee of such goods, shall also deliver to the said Collector or other principal officcr, a bill of the entry of
the particulars of such goods, expressed in words at length, together
with one or more copies thereof, in wGch all sums and numbers may be expressed in figures, and shall pay all duties which shall be due and payable on any such goods, and thereupon the said Collector or other proper officer, shall grant an order for the landing of such goods, in the presence of, or by the authority of the lading-waiter.

Timee and places for

lading and shipping.

56. No goods (except the personal baggage of any passenger) shall be unshipped from any ship arriving coastwisc at any port or place in the said Colony, where any officer of Custonis shall or may be hereafter stationed, and no goods shall be shipped or water- borne, to be shipped at any such port or place to be carried coastwise, but only on days not being Sundays or holidays, and in the daytime-that is to say, between the sun-rising and sun- setting-and at such placcs as shall be appointed or approved by such officer: Provided, in the case of all steam-vessels, the times of landing and shipping may be extended from sun-rise to such hour and under such regulations as the Collector or other principal officer of Customs may appoint: Provided also, that nothing in this Act con tained shall prevent the shipping of goods (on which any duty due on importation has been paid, or which are not subject to duty) to be carried coastwise, or the unshipping of any such goods, which have been carried coastwise, at any port or place where there is not an officer of Customs stationed, without the presence or authority of an officer of Customs.

Goods

b e t m u -

ehipped in certain

57. Upon the importation of any goods, it shall be lawful for the Collector or other proper officer of Customs, to allow the same to be transhipped from the importing to any o ther ship, not being lrss than ,fifty tons registered tonnage, if the goods bc for exportation, or

CBB~E,

twenty-five tons if for removal coastwise:

Provided that a bond be

entered into to the satisfaction of such Collector or other officer, if

the goods be liable to dut,y.

Bonds to be taken b~

58. All bonds relating to the Customs, required to bc givcn in respect of goods or ships, shall be taken by the Collector or other principal officer of Customs, for the use of Her Majesty; and after the expiration of three years from the date thereof, or from the ti-me, if any, limited therein for the performance of the condition thereof, every such bond upon which no prosecution or suit shall have been commenced, shall be void, and may be cancelled and destroyed.

the Collectors.
Sumpiermaybetr\ken.	59. It shall be lawful for all officers of Customs to take such samples of any goods imported as shall be necessary for ascertaining the amount of any duties payable on the same, and also for the Collector or principal officer of Customs to permit moderate samples
to be taken of any goods wr,l.ebouscd without paymcut of duty:
Provided that if such aforesaid samples are not duly claimed and removed

removed within one month after they have been taken, they shall be Regulation--
sold as the Collcctor or principal officer of Customs may direct,
and the proceeds thereof, after paymcnt of all expenses, shall be paid
to Her Majesty, Her heirs, and successors, for the public uses of the
said Colony, and in support of the Government thereof.
G O. If any person shall counterfeit or falsify, or use when coun- Falsif~lingdocnmcntr.
terfeited or falsified, any entry, warrant, cocket, transire, or other document for the anlading, kdding, entering, reporting, or clearing of any ship, or for the landing, shipping, or removing of any goods, stores, baggage, or articles whiatever, knowing the same to have been counterfeited or falsified, or shall by any false statement procure any writing or document to be made for any such purposes, or shall falsely make any oath or aflirmation required by this or any other A& for rrugulathg the trade of the said Colony, or s l d l forge or counterfeit a ccrtlficitte of any such oath or affirmation, or shall publish such certificate knowing the same to be so forged or coun- terfeited, every person so offending, shdl for every such offence forfeit a sum of Two Hundred Pounds, and such pcnalty shall and may be prosecuted, sued for, and recovered, in like maimer, and by such ways and means, as any penalty of the like amount may be prosecuted, sued for, and recovered, under the provisions and directiorls of this Act.

61. I t s l d l be lawful for the Governor of

the said Colony, Governor to appoint

wharfs, and cancel the

from time to time, by any order under his hand, to appoint ,	,	,
at any port within the said Colony, the proper places to be legal

wharfs for the lading or unlading of goods, and to define the bounds	"
a i d extent of any such wharfs upon which particular goods may be laden or unladcn, and to revoke any such appointment, and to appoint any new place within any port to be a legal wharf for the lading or urllading of goods.

62. Whenever any goods shall be deposited in any of the Queen's Renbongoodssecur~d

for duty.

warehouses in the said Colony for the purpose of securing payment

for horne consumption, it shall be lawful for the Collector or other of the duties due thcreon, or to prevent the same from being used	principal officer of Customs to demand and receive warehouse rent
for such goods for all such time as the same shall remain in wiire- house, at a rate not exceeding that specified iir the Schedule to this ,4c t annexed.

G3. In case goods shall not be duly cleared from the Queen's Power t o sell goods

warehouie within

three

calendar months (or sooner if

they

a ~

perishable nature), it shall be lawful for the Collector or other prim wnhin a lirnitcd time.
cipal officer of Customs to cause such goods to be sold by aucticn,
for home use or exportation, as the case may be, and the procced~ nf
such sale shall be applied towards the payment of the dutics, if sol;
for horne use, and of the wnrehouse rent and all other lawful charges,
and the overplus, if any, shall be paid to the person duly authorized
to leceivc the same: Provided*that it shall be lawful for the said Collector or other principal Officer to cause such goods to be dcs-
* troyed as cannot be sold for a sum sufficient to pay such duties and
charges

Rugtdadkm+-	charges if sold for home use, or sufficient to pay such charges if sold
General Rules.	for exportation.
Goods imported, ex-
ported, or carried	64. If any goods be imported, exported, ox carried coastwise, contrary to this Act, all such goods shall be forfeited, and the master

coas~wise,

contrary to

Act, fhtiiited, and

master pay E 100.	of the ship in which the same are so imported, exported, or carried coastwise, shall forfeit and pay any sum not exceeding One Hun- dred Pounds, except where any other penalty is spccially imposed.
Ship's storee subject to	65. The stores of any ship arriving or departing from the said Colony, shall be subject to the same duties and regulations as the like sort of goods sliall be subject to when imported or exported by way of merchandize,
mme duties as goods.
Personfl entering or	66. It shall not be lawful for any person to act as agent for the entry or clearance of any ship, or of any goods, or of any baggage, unless authorized so to do by licence of the Collector or other prin- cipal officer of (hxstoms, who is herchy cmpou-ered to dcniand and receive for, or in respect of every such licence issued by him, the sum of Ten Poull~is sterling, and to require bond to be given by every pason to whom such licence shall be granted, with one sufficient surety in the sum of Two Hundred Pouilds, for the faithful and honest conduct of such person, a n d of his clerks acting for him: and all licences heretofore granted by the Collector of Custonls to any persons to act as agcnts, shall be d i d, until revokd; and all bonds taken for the faithfir1 and honcst conduct of such persons, shall remain in full force: I3rovitlcd alwajs, that my person, or persons in copart- nership, may, with the approval of the Collector of Customs, appoint

clec~ring

ships, &C., as

agetlts, to be licensed,

transacting any husincss at thc Custom House, which shall relate to

and give bond.

a clerk or scrvant to transact such busiiless on his or their behalf;

and the name, residence, a id date of appointment of such clerk or servant shall thcrenpon be cndovscd on thc licencc of such person or persons, and shall be higned by him or them, in the presence of and attested by the Collector, or other proper Officer of Customs, at the Port for which such licence is granted; and all such appointments shall be recorded in a register, to be kept at the Custom House for

so appointeci, endorsed, and recorded, nor act fur or on behalf of any

that purposc; and no person shall act as such clcrk or servant unlcss

other than the person or persons so appointing him; and evcry such appointment may be rcvoked by the Collcctor of Customs at any time, by order under his hand: Provided, also, that if any person shall act

as such agent, not being so licensed, or as such clcrk or servant, not

being so appointed and recorded, any such person shall, in either case, for every such offence, forfeit and pay any sum not less than Ten Pounds, nor more than Onc 1Iundrcd Pounds.

Agent's licences may

67, It shall he ltwful for the Collector or other principal officer of

be revoked.

Customs, with the concurrence of the Lieutenant-Governor of the said Colony, by m y order under his hand to revoke any such liccnce, and that after a copy of such order shall have been delivered to any such licensed person, or to his clexk, or left at his usual place of abode or business, such licence shall be void,

68. If
68. If any declaration, required to be made by this or any other Resr~IQtiofl--

law of the Chstoms, be untrue in any particular, or if any person re- Warehoecse.

quired by any such law to answer questions put to him by the officer ~ c '; ", "; ~ ~ $ ~ ~; ~

the Cus ton~~onc l i ing

certain matters s&ll not truly answrr such penalty.

q ~ s t l o n i the person making such declaration or answering such qnestioas shall, ovcr and above any other penalty to which he may be subject, forfeit the sum of One Hyndrecl Pounds.

69.

I t shall he lawful for thc Collcctor or other pr inci~~al

officer of CoIIector to appoint

Customs, by notice in writing under his hand, to appoint such ware-	wnrchouse for bonding
houses respectively as he may consider of a proper size and description, and snl3ject to such ~.egnlations, with respect to the olwning and closing,
as thc Collcctor, with the consent of the Governor and Executive
Council, nmy appoint, for t l ~ fiue tl arehousiiig and securing of goods therein for the purposes of this Act, and also, subject to such approval by like notice, to revoke snch appointment: l'ro~~ided that every such notice shall be published in the Gocenment Gmette.

70. I t shall be la~~~f~iill

for ihe importer of any goods liablc to duty Goods liable to duty

to ~varehoim

the samc in the warehouses SO appointed without pay- may be warehoused.

mtnt of anv duty on the first entry thereof, snhjcct, nevertheless, to the rulcs. kg&tions, rcstrictiuns, and conditions herein contailled: Provided, that 110 sucll goods shall be landed on any day later than one o'cloclc post mericlicrn, or in greatcr quantity than can be duly exanlined and fur~varcterl to thc warehouse to be secured therein within the appointed hours of business.

visions of thc warehouse as the Collector or other proprr officer of warehouse.

71. All goods so warchouecd slrall be towed in such parts or di- Stomge of goods in

thc Customs may direct, i1~1d so as to admit of easy acccss to every package, and if the occupier of the ~varchousc shall onlit so to stow the same, he shall, for every such omission, forfeit the sum of Five Pounds; and every such wawhonsc sllall be locked arid secured in such manner, and opened ancl I-isitcd at such times, and in the pre- sence of such officers, and 1111de~ such regulaiions, as the Collcctor or

other propel* officer shall direct, ancl if' any goods shall be taken out	of any war~housc m-ithout due entry of &e same with the proper
officer of Customs, the occupier of the m:wchousc shall be liable to the payinerlt of ilie duties due thercon, thc rmormt of whicll duties may be recovered by action of dcl)t, in any Court of the said Colony, at the suit of the '(llollcctor or o t lm proper oEccr of Customs.

72. 'I'hc cccnpi!.r of any warehouse in which goods are, under the Occupicrofwarchouse

provision of this .Act, permitted to be clcposited shall, upon request ~	a	~	Or	r	$	~	~	~	~	~
bcing madc by the Collector or other proprr officer of Customs, im- mecllately produce to such Collector or oficer m y goods deposited therein or received into his custody for the delivery of which the said occupier 113s not receivecl an order duly aigncd by the propcr ware- llouse officer, ancl upon every faihirc thcrcof such occupier shall for- feit any sum not escecdiiig Onc Ilunrlred Pounds over and above the duties to which every paclwge of goods not so proclncecl may be liable.

73. The

Regrrbticwt--

73. The proprietor or occupier of any warehouse approved for the

Warehouse.

warehousing of goods without payment of duty sllaU, before any

be g o d s are received for wal.ehousing thurein, give to the Collector of Customs a bond with two sufficient sureties for the due payment of duties due upon all such goods as may be deposited therein, in such sum as the said Collector may require, ancl subject to such regulations as may be approved by thc Governor, and, in such case, bond shall not be rcquirccl from the importer, nor shall bond be required from the importer in rcsp~ct of goods warehoused in ware- houses the property of the Crown under the management of officers of Custorns.

ceneral	bsnd
givcn, Le.

Goons

duly ware-

housed, &C., to be for-

74. If any goods which have been entered to bc warchouscd shall

faired,

not be duly carried and deposited ill the warehoose, or shall after- wards be taken out of the ~~~t-zrel~ouse without due entry and clear- ance, or having been entered aird cleared for exportation from the warchonse, &all not be duly carried ancl shipped, or slrall afterwards be relmcled, except with tlle permission of the prolm oficcr of Cus- toms, such goods shall be forfeited.

Account of ~ o o d s

75. Upon the entry and lancling of any goods to be warehoused

be taken on lendirrg.

thc proper officer of Cfustonls dial1 take a particular account of the same, ;md shall enter the same in a book to be kept for that purpose; and no goods which llave been so warehoused sllall be taken or delivered from the warehouse, cxccpt upon clue entry a d uiider the care of the proper oificer for csportation or renloval coastwise, or upon due entry and payment of thc duty for hoine use.

000as m ~ y

be re-

76. I t shall be lawful for tlrc Collector or othcr principal officer, under such rcgulations as shall bc approvcd by the Governor, to permit the proprietor or othcr person having the control over any goods so ~varchouscd, to sort, separatr, pack, and I-cpaclr any such goods, and to rn&e such lawful alterations thercin or ar- rmgemcnts and assortrn~nts thereof as may be necessary for the preservation of such goods or in ordcr to thc sale, shilmcnt, or legal disposal of the same, and also to permit ally parts of such goocis so

rlored and re-packed.

to clraw off any spirits into casks, containing nutbless than twenty-five

separated to be ciestroyecl, wiiilout payuicnt of a n y duty thcwon, and

gallons, to be hisposed of' fbr home consumption, and to drsw off any spirits into caslrs, containing not less than five gallons, for the pur- pose only of being disposed of as ship-stores, and also, in the ware- house, to fill up any casks of wine or spirits fiom any other caslrs of the same respectively securccl in the same warehouse, and, in the warehouse, to draw off and mix with any wine any brandy secured in the same warehouse, upon w11iclr brandy the duties shall have been d ~ ~ l y paid; and also, in the warehouse, to take such moderate samples of goods, as may be allowed by the Collector or other proper officer of Customs, without entry and ~uithout payment of duty, except as the same map eventually become payable as on a defi- ciency of the original quantity: Provided always, that it shall be lawful for any person to abandon any whole packages to the officers of the Cuatoms for the duties without b e i n ~ liable to anv dutv unon

the same.

$7. I ~ 1 1

77. All goods which shall have been warehoused or rewarehoused Regubtion-

hall be duly cleared, either for exportation or home consumption,	Wnrehozlse.
within two years from the day of entry thcrcof, and if such goods be	~ ~ ~ $. @ u d r n o t
not so cleared, it shall be lawful for the Collcctor or other principal officer of Customs to cause the same to be sold, and the proceeds shall be applied to thc payment of warehouse rent and othrr charges, and the overplus, if any, shall be paid to the proprietor or other person duly authorized to receive the same, and such goods, whcn sold, shall be held subject to all the conditions to which they were subject pre- vious to such sale, except that a further time of three months, from the date of the sale, shall be allowcd to the purchaser for the clearing such goods from thc wal-ehouse, and if thc goods so sold shall not be duly cleared from the ~mrehouse within such three months, the same
shail be deemed and taken to be forfeited, and may, in the discretion
of the Collector or other principal officer, be destroyed: Provided, that it shall be lawful for the Collector or other principal officer to grant furtller time for any goods to remain warehoused if he shall see fit so to do.

78. If any goods entered or wnrehouscd, or entered to be delivered Goods lost or de-

from the n&ejlouse, shall be lost or destroyed by any unavoidable ac- ~	~	~	~	$	'	~	~	~	~	~
cident either on ship board or in the landing or shipping of the same, or in the receiving into or delivering from the warehouse, it shall be lawfill for the Governor of the said Colony to remit or return the duties payablc or paid on the quantity of such goods so lost or destroyed.

$9. And whereas spirits and tobacco, and certain other goods, are spirits and tobacco

liable, in time, to fluctuation of quantity by the effect of the atmos-; ~ ~ k ~, z f ~ ~ p d

phere or other natural causes-Be it Enacted, That it shall be lawful

for the Collector or other principal officer, or for the proprietor or

importer of any such goods as aforesaid, to require the same to be re-

paged, remeasurcd, or reweighed at the time when the same sl~all be

respectively deliwred from the said warehouse, and the duties re-

spectively payable thereon by such proprietor or importer shall be

paid according to the quantkv so ascertained, nnless it shall be

mutually agrebd by and between the said parties that the said duties

shall be paid on the quantities originally entered: Provided, never-

theless, that the duty legally chargeable upon any deficiency in the original quantity, cxcccding fhur gdlons for every one hundred gallons of proof spirits per annum, and four gallons for every one hundred gallons of winc prr nnnnm, shall be paid by the proprietor or lessee of the warehouse in which such goods have been bonded.

80. Goods warclioused at any warehousing port of the said Colony, Goods wnrchoused

being first duly entered, may be delivered, uuder the authority of the

may he removed

Collector or other proper ofticer of Customs, without payment of duty, for the purpose of removal to another port of the said Colony under bond to the satisfaction of such officer for the due arrival and re- warehousing of such goods at such other port, or for the payment of all duties due upon such goods, or to be otherwise accounted for to the satisfaction of the Collector or other principal officer of Customs.

81. In

li!eyubtion--

81. In case of any embezzlement, waste, spoi1,or

destruction of any

Wurehous~.

goods, warehoused under the authority of this Act, by or through any

Emhezzleme% &c. of misconduct of	an J ~Rlcer	of Customs, such office; shall be deemed
goods war~h0116td

tllrougll aillul mi,+	guilty of a misdemeanor,and shall, upon conviction, suffer such punish-
conduct of officers*	ment as may be inflicted by law in cases of miderneanor, and if such officer shall be lirosecuted to conviction by the importer, consignee, or proprietor of such goods, no duty shall be -payable for or in respect of such goods, and no forfeiture nor seizure shall take place of any

-	goods so warehoused in respect of any deficiency caused by such em-

bezzlement, waste, spoil, or destruction of such goods; and the damages occasioned by such waste, spoil, or destruction of such goods shall be repaid and made good to such importer, consignee, or proprietor under such rcgulations and directions as shall be for that purpose made and given by the Governor of the said Colony.

Goods fraudulently

conceulcd or removed,

82. If nny goods wnrchouscd slrnll be f'a~tdulently concealed in or removed irom the u-arelrouse the same same shall be ibrfeitccl, and if the importer or proprietor of any goods ~~archouscd, or any person in

forfeited.

his employ, shall by an] contri~

a w e fi.audulontly oycn the n-are-

Penalty On openillg

house to gain access to the g~ucls,

such importer or proprietor shall

the warehouse with-
out the officer, LSOO. forfeit and pay for every sm.h oiTwc~e not less than One Hundred

Pouncis nor exceeding Fivc H~uiidrecl

Pounds.

Vessels not under

83. The mtlstcr or owncr of any ship, being- of the burthen of

thirty bolls,proceeding at least, tlli t -

r P tonu, boirac!

on a veytige to i'orcign part?, thc probable

on a voyage exceeding

twenty-e~ght

days,

duration of which out and home will not Ire less thi~ll

tllirty days, or

permitted to ship

which shdl be erigagcd in ~ ~ h t t l i ~ i g

or sealing, shall be ~crniitted

limited quantities of

stores free of d u t ~.

ship, free of duty, fiom the warrhouse such quantities of spirits and tobacco for the me of the crew, a id all warehoused goods required for ship's stores, in such quantities as the Governor, by any regulation in that bchalf, shall appoint: Providocl, that such stores sEdl be duly borne upon the ship's victualling bill, and shall be shipped in such manner and subject to such directions and regnlations as the Col- lector or other principal officer of Customs shall appoint: Provided also, that the master or owner of such ship shall prc~iously enter into

one c:il(:t:tl:lr nmt~th

next aiter no~ice givcn.

done in ihc execution of or bj- i-exbull of his ofice ag i \ i~ l~t any per-

son or anything done under or by ~ i r t u e

of this Act, uutil one ctilcn-

dar month next aftcr notice in ~ r i t i l lg shall ham h e n dclivcred to him, or left at his usual place of abode by tllc attorney or agent for the party who intends to sue out such writ or process as aforcsaic!, in which notice sliall be clearly and explicitly contained, the came

such action, and the name and place of abodc of thc attorney or

of action, the name and place of a1,odc of the person who is to bring

agent, and that a fee of Twenty Shi l l in ,~~ shall be paid for prepahng

or serving every such notice and no morc.

NO e\.idenr.e to I-,O

134. No plaintiff, in any case where an action sllall be grounded to produce any evidence of the cause of such action, except such as shall bc contained in the notice to be given as aforesaid, or shall re- cover any verdict against such officer or person, unless he shall prove on the trial of such-action that such notice was given, and in default of such proof the defendant in such action shall recover a verdict

but that con

on any such Act done by the defendant, shall be permitted

B	tained in the notice.

zad costs as aforesaid.

OfAcer may tender

amends.

135. It shall and may be lawful to and for every such officer

or other person to whom such notice shall have been given as
aforesaid,
afo~esaid, at any time within one calendar month after such notice Ju*hd;cq""bn 4
shall have been given to tender amends to the party complaining, or Proceedznp
to his agent or attorney, and iu case the same is not accepted, to
plead such tender in bar to any action to be brought against him OQ
such writ or process, together with the plea of-not guilty, and other
pleas *ith leave of the Court, and if upon issue joined thereon, the jury shall find the amends so tendered to have been sufficicnt, then they shall givc a verdict for the defendant, and in such case, or in case the plaintiff shall become nonsuited or discontinue his action, or in case judgment shall be given for such defendant upon demurrer, then such defendant shall bc entitled to the like costs as he would have been entitled to in case he had pleaded the gencral issue only, but if upon issue joined the jury shall find that no amends were tendered, or that the same were not sufficient, or shall find against the defendant on such other plea or pleas, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, together with his costs of suit.

136. In case such officer or other person as aforesaid shall Neglectingtotender

amends may pay

neglect to tender any amends, or shall have tendered insuflcient

into Oou*

amends before the action brought, it shall be lawful for him by leave of the Court where such action shall have been brought, at any time before the trial of the said action, to pay into Court such sum of money as he shall see fit, whcreupon such proceedings, orders, and payments shall bc had, made, and @ven in, and by such Court as in other actions wherc the defcndmt is allowcd to pay money into Court.

137. If any action or suit be brought or commenced as afore- Action to be corn-

menced within six

said, such action or suit shall be brought or commenced six ,,ths

calendar months next after the cause of action shall have arisen. cause of action h a

and not afterwards, and the defendant shall and may plead the	' ar!sen,
general issue, and give the special matter in evidence at any trial had thereupon, and if the plaintiff shall become ions suited or discontinue

given against the plaintiff, the defendant shall be entitled to treble

his action or suit, or if' upon a verdict or demurrer, judgment shall be

costs, and have such remedy for recovering the same as any defend-

ant can or may have in other cases where costs are given by law,

against this or any act relating to the Customs for which he may be h ending offenders warrants for appre-

138. Whenever any person shall be charged with any offence Judgema~isme

prosecuted, by irdictment or information, in the Supreme Court of P rosecutcd by indict-
1 ment or information.
the said Colony, and the same shall be made appear to any Judge of the
same Court by affidavit or by certificatc of an information or indict- ment being filed against such person in the said Court for such ofp

fence, it shall be lawful for such Judge to issue his warrant under his

hand and seal, and thereby to cause such person to be apprehended

and brought before him or some other Judge of the same Court, or

before some one of Her Majesty's Justices of the Peace, in order to his

being bound to Her Majesty t>he Queen, with

two sufficient sureties,

in such sum aa in the said warrwt &all h

expressed, with c~ndition

H 3

to appear in the said Court at the time mentioned in such warrant, and to answer to all and singular indictments or informations for any such offence, and in case any such person shall neglect or refuse to become bound as aforesaid, it shall be lawful for such Judge or Justice respectively to commit such person to any common gaol of
the said Colony, there to remain until hc shall become bound as afore-
said, or shall be discharged by order of the Court or one of the Judges thereof, and the recognizances to be thereupon taken shall be re- turned and filed in the said Court, and shall continue in force until such person shall have been acquitted of such ofl'encc, or in case of conviction shall have received judgment for the same, unless sooner ordered by the Court to be discharged, and that where any person, either by virtuc of such warrant of commitment aforesaid, or by vir- tue of any writ of capias ad respondendurn issued out of the said Court, isnow detained or shall hereafter be committed to and de- tained in any gaol for want of bail, it shall bc lawful for the prose- cutor of any such indictment or information to cause a copy thereof to be delivered to such person or to the gaoler, keeper, or turnkey of the gaol wherein such person is or shall be so detained, with a notice thercon endorsed that unless such person shall, within eight days from
the time of such delivery of a copy of the indictment or information as aforesaid, cause an appearance and also a plea or demurrer to be
entered in the said Court to such indictment or information, an ap- pearance and the plea of " Not Guilty" will be entered thereto in the name of such person, and in case he or she shall thereupon, for the space of eight days after the delivery of a copy of such indictment or information as aforesaid, neglect to cause an appearance, and also a plea or demurrer to be entered in the said Court -to such indictment or information, it shall be lawfhl for the proscckor of such indict- ment or information, upon affidavit bcing made, and filed in the Court, of the delivery af a copy of such indictment or illformation, with such notice endorsed thereon as aforesaid, to such person, or to such gaoler, keeper, or turnkey, as the case may be, which affidavit may be made before any Judge or Com~nissioner of the said Court authorized to

of " Not Guilty" to be entered in the said Court to such indictment

take affidavits in the said Court, to cause an appearance and the plea

or information for such person, and such proceedings shall be had thereupon as if the defendant in such indictment or information ap- peared and pleaded " Not Guilty" according to the course of the said Court, and that, if upon trial of such indictment or information any defendant, so committed and detained as aforesaid, shall be acquitted of al l the offences therein charged upon him, it shall be lawful for the Judge, before whom such trial shall be had, to order that such de- fendant shallhe forthwith discharged out of ~ustody as to his commib ment as aforesaid, and such defendant shall be thereupon discharged

accarclingly

When recognizanca is

given, and the party

139. Where'any person shall be arrested by virtue of a warrant

&all not plead, a copy	issued as aforesaid, and hall enter into a recognizance and appear
of the fnformation or
indictment map be de-	in the said Court, at the return of the said recognizance, but shall
Lived to hi attorner	not afterwards plead to the information or indictment, it shall be

W agent

lawfd

lawful for the prosecutor of such information or indictment to cause Jurh.rtictim and	a copy thereof to be delivered to such person, or to his attorney or Proceedings.
agent, or to be left at his last place of abode, with a notice thereon endorsed, that unless such person shall within eight days from the time of such delivery of a copy of the information or indictment as aforesaid, cause a plea to be entered in the said Court to such infor- mation or indictment, that the prosecutor of such information and indictment will enter a plca of not guilty in his behalf, and that upon affidavit being made and filed in the Court of the delivery of a copy of such informatios or indictment, with such notice endorsed thereon as aforesaid, to such person, or to his attorney or agent, or at his last place of abode, as the ca3e may be, it shall be lawful far the prosecutor of such information or indictment to cause thc plea of not guilty to be entered in the said Court to such inforination or indict- ment for such person, and such proceedings shall be had thereupon
as if the defendant in such information or indictment had pleaded
according to the usual course of the said Court.

140. If any goods shall he seized for non-payment of duties or any dofior, or

Proof of pnyment of

duties have been paid foi the sake, dr the same have been lawfully to be on the owner.	other cause of forfeitwe, and any dispute arise whether the Custom import:~tion of goode,
imported, or concerning the place from whence such goods were brought, then and in such case the proof thereof shall be on the owner or claimer of such goods, and not oil the officer who sh'zll seize
the same.

141. In casc of any information or proceeding had

under

this

or & " ~: ' ~ ~ t ~ ~ ~ R 1 ", : ~ t,

any Act relating to the Customs, txe averment

- - --- - -

that the Collector

unless the oontmqim

other principd officer of Customs

dircctx 6'f elected such in- proved*

formadon and proceeding to be instituted, or that m y ship or boat
is foreign or belonging.wholly or in part to Her Majesty's su1~jcjcts,
or that any person deta~nccl or found on board any ship or boat liable to seizure is or is not a subject of Her JIa;jesty, or that any person

is an officer of Customs, or that any person is the proper orricaand

where the offence is committxin any part of th; said Colony the

naming of such Port in any information or proceedings shall be

sufficient without proof as to any such fact, unless the defendant. in ----

_X___LS

such case shall prove to the contrary.

C-"------

- 1

142. If upon any trial a uestion shall arise whether any person V;va -

evidence

is an officer of the Navy on fu pay, or an officer of Customs, or ~~~y~:!~~;$t;a

duly employed for the prevention of smufiglmg,'m

is the proper m ) r be a eampetenr

officer, evidence of his having acted as such shall be sufficient, and "i'r'ess*

such per~= shall

not

be required

p r o d c - u i e ~ ~ m m i s s i o n i o r

dk-

putation unless sufficient roof shall-be given to the contrar

every such m

any person acting in his aid or a s s ~ s t m ,

sha,U be deemed a competent witness upon the trial of any suit or
information on account of any seizure or penalty as aforesaid, not- withstanding such officer or other person may be entitled to the whole or any part of such seizure or penalty, or to any reward upon conviction of the p e d t y charged in such suit or information.
143. All

d	143. All suits, indictments, or informations, exhibited for a q o f f a

Pmcee&ragta.

-	against this or any Act relating to the Customs in any Court of Ee.

snits, indictmerrts, or Within wh* time cord or Court of Vice Admiralty in the said Colony, shall and may
inforrnrttious, are to ba be had, brought, sued, or exhibited within three years next after the
exhibited, date of the offencc committed, and shall and may be exhibited before
any one or-more Justices of the Peace within six calendar month8
next after the date of the offence committed.
Pereons detained, and

afrcrwards emuping.

144. Where any person shall have been detained for any offence wainst this or any other Act relating to the Customs, and shall have Gade his escape fEom custody, an inlormation may be exhibited be. fore one or more Justices of the Peace against such person for such offence at any time afterwards, although more than six months shall have expired.

ow-mnking

col-

lusive seizures to fur-	145. If any officer of the Customs, or other person duly authorized to act as such, shall make any collusive seizure, or deliver up or make any agreement to deliver up;-or not to seize, any ship, boat;or goods, liable to forfeiture, or take any bribe, gratuity, recompence, or reward for the non-performance of his duty, every such officer or other person shall forfeit for every such offence a sum of One Hundred Pounds.
feit £ loo.
Persons offering a

bribe, to fiurfeit not

146. Every person who shall give, or offer, or promise to give, any

less than ~ 2 0,

nor

bribe, recompence, or reward, or shall make any collusive agreement

than

with any such officer or person as aforesaid, to induce him, in any way, to neglect his duty, or to do, or conceal, or connive at any act whereby any of the provisions of any Act of the Governor and Legislative Council of the said Colony aforesaid, the Imperial Parliament, or any lawi rule, order, or regulation in force within the said Colony may be evaded, every such person shall, whether the offer be accepted or performed, or not, forfeit any sum not exceeding One Hundred Pounds nor less than Twenty Pounds.

Jtistices mnj summon

147. I t shall be lawful for the Collector, or other principal officer

witnes~es, who,

they

refuse to appear, or to

of Customs, or any Justice of the Peace, before whom any complaint,

give	evidence, shall

fOrfeit not less than

information, or any matter or thing under this or any Act relating to

f SO, nor more than

the Customs shall be brought or exhibited, to summon any and every

ac100.

person, in whatever part of the said Colony any such person so to be summoned shall then reside or be, to appear before such Collector, officer, or Justice, as the case may be, who are to hear, adjudge, and determine, or inquire into such complaint, information, matter, or thing at a certain time and place to be s~eci5ed and set forth in such summons, to give evidence, upon oath, of the truth of any facts al-

leged in such complaint, information, matter, or thing, or otherwise

touching or relating thereto or to such inquiry, and every person so mmmoned, having his reasonable expenses for such attendance (if

required) tendered to him at the time of service of such summons,

firm, or shdg refuse to give evidf3MX or to anwer, acmrding to the

who shall neglect or refuse to appear, accbrding to the exigen S thawof, or who, having so appeared, shall refuse to take oath or to a

best of his knowledge and belief, any lawful qnestian when thereunfo

r+?q%Xis&,
required, s h d for every such default or offence forfeit and pay any Jurisda'cCion and
sum not exceeding One Hundred Pounds nor less than Twenty Pr0ceedin98.
Poiu~ds.

148. Where any information shall have been exhibited before Justicesmn~

issue

any Justice of the Peace for any offence against any ,4ct relating to nation laid within six

summonses on infor-

the Customs or to trade or navigation, for which offence the party rnonthssftor*ff@nce.
charged is not liable to be detained, and by which information any
penalty or forfeiture shall be sought to be recovered, or any punish-
ment of hard labor sought to bc inflictcd, and such information shall
have been exhibited before such Justicc within six months next
after the date of the offence committed, it shall be lawful for such
or any other Justice having jurisdiction in that behalf, fiom time to
time, and at any time afterwards, to issue a summons thereon for
the appearance of the party against -whom such information may
have bcen cxhibitcd as aforesaid, before any two Justices of the Peace,
and every such summons directed to such partv, being left either at
his last place of rcsidcnce, or on board any shii to whlch such person may belong, or have latcly belonged, shall bc dccined to be sufficiently served, and eitlrer upon the appcarancc or default of thc pcrson so summoned, as the case may be, it shall be lawful for such Justices to proceed to the examination of the matter contained in any such information, and to adjucticate tllereon, in like manner as any two Justices arc authorized to proceed under the laws relating to the Customs.

149. That all fines, pcnaltics, and forfciturcs, rccovcrcd under this

AppIication of pen&

01 any other Act, relating to the Customs, shall be henceforth paid and applied, one moiety to Her Majesty, Her Heirs, and L. S uccessors,
for the public uses of the said Colony, and in support of the Govern- ment thereof, and the other moiety in such maimer as the Governor, by any regulations in that behalf, shall direct.

150. All penalties and forfeitures inflicted and incurred under PenaltieaunderXcgis-

try Act may be sued

aQy AA or Statute d a t i n g to the registry of

ships, shall and may for in this Colony.

be sued for, prosecuted, heard, dctcrmincd, and disposed of in such
manner as any penalties or forfeitures are herein directed to be heard,
determined, and disposed of.

151. I t d d l be lawful for the Governor of the said Colony Go~crnormny

restore

to direct any ship, lighter, boat, goods, or commodities whatever or limit puniahmoutr,

sciztwes and mitigate

seized under this or any Act relating to the Customs, or to andpenalties-
trade or nwigation, to be delivered to thg proprietor or proprietors
thrcof, whether condcmnrttion shall havc taken place or not, and
also to mitigate or remit any penalty or fine, o; any part of any
penalty or fine, incurred under any such Acts, or to release from con-
finement any person or persons committed under this or any Act r e
lating to the Customs, on such terms and conditions as to the Governor
shall appear to be proper: Provided that no person shall be entitled
tu the benefit of any order for such delivery, mitigation, or remission,
or release, unless such terms and conditions are fully and effectually

I S

complied

Jwidi~tk	complied with, and if the proprietor or proprietors of the same shall
Proceedings.	accept the terms and conditions prescribed by the Governor, he
shall not have or maintain any action for recompense or damage on
account of such seizure or detention, and the person making such
seizure hall not proceed in any manner for condemnation.
152. No appeal shall be prosecuted from any decree or sentence of any of Her Majesty's Courts in the said Colony, touching any penalty or forfeiture imposed by this Act, unless the inhibition shall
be applied for and decreed within twelve months from the time when
when such decree or sentence was pronounced, nor unless secunty be given in the sum of Five Hundred Pounds, to cover any costs which may be incurred through such an appeal in the event of the

f	decree being confirmed.

Interpretation clruse.

153. That for the purpose of carrying out the provisions of this

7 Act, the Collector of Cnstoms shall have power to make such bp-laws, subject to the approval of the Governor and Executive Council, as may be necessary, provided such by-laws shall be published in the
Government Gazette.
SCHEDULES REFERRED TO,
A

3abZe of

Rent to be paid to the Collector or principal oflcer of

C'ustoms, on all

Goods lodged in any of

Australia-

Her Majesty's Warehouses, in the Colony of

South

Per wmk.
S. d.

Pipe or puncheon

1 0

Hogshead or half-pipe

Barrel or quarter-cask

0 3

Tierce of tobacco, above 4501bs.

1 0

Tierce of tobacco, under 4501bs.

0 6

Keg or box of tobacco, under 2501bs.

0 3

Beg or box of tobacco, under 1201bs.

Large case of cigars

1 0

Small case of cigars

0 6

Box of cigars, containing 1,000

0 1

Box of cigars, containing 500.

0 04

Six-gallon case

0 2

Four-gallon case	.	.	0	l&
Two-gallon case	.	.	0 1

Chest of tea

0 2

Half-chest of tea

0 1

5-10 catty boxes to a chest

Coffee, per ton

1 0

firm of

Information, befo~e Justices of

the Peace, where a pecuniary penalty is infEioed,

o r forfeiture

incurred.

South Australia,

Be it remembered, that, on the

day of

to wit.

) in the year of our Lord one thousand eight hundred and

in the said Province (1)

gives me,

, Esquire,

one of Her Majesty's Justices of the reace in and for the Province of South Aus- tralia, to understand and be informed that (2) , within six months now last

past, that is say, on the

day of

in the year of our Lord one thousand

eight hundred and

(3)

contrary to the Law of the Customs in that

case made and provided, whereby the said (2)

hath forfeited for the aid

offence the sum of

and whereby the said (4)

have become forfeited.

(1) The proseouto;, aa " A.B., officer of Customs who is directed by the Governor to prefer this in-

formation," or as the case may be.

(2) The offender.

(3) Eere state the offence or cauee of for-

feiture,

(4) State the goods, &C.,

if my.

No. 2.

Form of South Australia

Warrant of

Commitment to Gaol for a pecuniary penalty.

To	Officer of Customs, and to the Gaoler or Keeper

to wit.

1 of the

, Whereas, (1)

has this day been duly

convicted before

two of Her Majesty's Justices of the Peace in and for the

Province of South Australia, upon the Information of (2

for that, within

six month now

last past, to wit, on the

day 0 1

in the year of our

Lbrd one tkousasd eight hundred and

(3)

"iind
-264:

h d

whereas the said Justices &d adjudge the said (1)

had forfeited for

his said offence the sum of

, which said sum of

has not been paid:

These are therefore to require you the said

forthwith to take, carry, and

convey the said (l) to the said Gaol, and deliver him into the custody of the 'Gaoler or Keeper of the said Gaol; and these are to require you tlw said Gaoler or Keeper of the said Gaol, to receive and take the said (1) into your custody, and him safely keep until he shall duly pay the said sum of

Given under

hand

and seal at

this

day of

in the

year of

Lord one thousand eight hundred and

(1) The offendcr.

(2) The prosecutor as in the blfotmnution.

(3) Here state the offence as in the information.
No. 3.

Form of Conviction for

a pecuniary penalty, and of cosbdemnation offorfeitures

South Australia,

Be it remembered, that, on the

day of

in the

to wit.

] year of onr Lord one thousand eight hundred and

at an Information was exhibited by (1) before us Eaquires, two of Her Majesty's Justices of the Peacc of the Province of South Australia, against (Q] which said Information charged the said (2) within six

months then last past-that

is to say, on the

day of

in the year of

our Lord one thousand eight hudrcd and

(3)

contrary to the

Law of the Customs in such case made and provided; whcrcby the said (2)

hath forfeited for his said offence the sum of

pounds, which offence has bccn

duly proved before us the said Justices, (4)

VCTe do,

therefore, convict the said (2)

of the said offence, and do adjudge that

hath forfeited for the said offence the sum of

pounds.

Given under our hands and seals at

the

day of

the year of our Lord one thousand eight hundred and

(1) The prosecutor, as in the information.

( 2 ) The offender.

(3) Here state the offence m in the

information.

(4) Or

the party has confessed hinlsolf to be guilty of" (as the case may be).

[Where there is a condemnation of goods, insert as follows :]

" W e do adjudge that the said (l)

hath forfeited for the said offence the

" said (2)

and condemn the said (2)

to be disposed of according

to law."

Given under oar hands and seals at

this

day of

in the year of our Lord one thousand eight hundred and

[When the Justices exercise discretion in the appropriation, conclude as follows :l

And we do adjudge the said sum (3)

shall be divided, paid, and ap-

",plied (after deducting the charges of prosecution, and other contingent expenses)
"'as follows-that is to say, one rnoicty to Her Majesty, for the public uses of the said

b. Province, and the other moiety in the following proportions, to wit''	( I )
in the year of our Lord one tl-louuard eight hundred and

Given under our hands and seals at

the

day of

(1) Offender.

(2) Goods, h.,

as described.

(3) Or " prooeocis of sale of the said forfcitcii goods,

&C., as described (as llae case way h).

(4) Here state the proportion3 to thc seizing &ccr

and

informer, or the entire moiety to the informsr alone (as the cos* may be).
. No. 4.
Form of Ittformatiora ltefore Justices of the Peace where the Penalty of hard labor is
injicted.

South Australia,

Be it remembered, that on the

day of

to wit.

] in the ycar of our Lord one thousand eight hundred and

nt (l) givcs me, one of Her Majestp's Justices of the Peace in and for the Province of South Australia, to understand and be informed that (2) within six months now last past, (that is to say) on the day of
in the year of our Lord one thousand eight hundred and

contrary to the Law of the Customs in that case made and provided, whereby the

(3)

said (2) hath for his said offe'nce become liablc to be imprisoned in a House of Correction, and there kept to hard labor, for any term not less than six, nor greater
than nine calendar months,
(1) A. B., an Offlcer of Cu~tome, who i~ directed by the Governor to prefer this information (W W

may be.

(2) The offender.

(3) Here state the offence.

No.

No. 5.

Form of Conviction for the penalty of h ~ r d

labor.

South Australia,

Be it remembered, that, on the

day of

to wit.

) in the year of our Lord one thousand eight hundred and

at an information was exhibited by (1) before us two of
Her Majesty's Justices of the Peace in and for the Province of South Australia, against (2) which information charged that the said (2) within six

months then last past, (that is to say) on the

day of

in the year of

our Lord one thousand eight hundred and

(3)

contrary to the Law

of the Customs in that case made and provided, whereby the said (2) had for his said offence become liable to be imprisoned in a House of Correction, and there kept to hard labor, for any term not less than six, nor greater than nine calendar months, which offence [has been duly proved before us the said Justices] (4)

We, the said Justices, do thercfore convict the said (2)

of the said offence,

and do adjudge that the said (2)

shall for his said offence be imprisoned in

the House of Correction at

and be there kept to hard labor for the period

of	calendar months.

Given under our hands and seals at

this

day of

in the year of our Lord one thousand eight hundred and

(1) The prosecutor as in the information.

(2) The offender.

(3) Here state the offence as in t h e

information.

(4) Or "

the party has confessed himselfto bo guilty of,"

as the w e may is.

No.

Form of

IVarrant of (;Xommitment for the penalty of hard Zabor.

South A~.atrazia,

T o

an Officcr of Customs, and to the Gaoler or

to wit.

) Keeper of the House of Correction at

Whereas (1)

has been this day duly convicted before

two of

Her Majesty's Justices of the Pcace in and for the Province of South Australia, upon the information of ( 2 ) for that within six months now last past, to wit, on

the

day of

in the year of our Lord one thousand eight

hundred and

(3)

And whereas the said Justices did acijudge that the said (1)

should for his

said offence be implisoned in the House of Correction at

aforesaid, and be

there kept to hard labor for the term of

calendar months: These are therefore

to the House of Correction at and deliver him into the custody of the Gaoler

to require you the said (2)

forthwith to take, carry, and convey the said (1)

or Keeper of the said House of Correction, and these are to require you the said Gaoler or Keeper of the said Howe of Correction, to reccit-e and take the said (1) into

your custody, and to keep the said ( l )

for the said term of

calendar

months to hard labor, Given under

hand

and seal

this

day of

in the year of our Lord one thousand eight hundred and

(l) l'he offender.

(2) The prowcutor as in the information.

(3) Here atate the offence aa

in the information,
-P

Adelaide; f'rinted by authority by W. C, Cox, Go~wnment

Frinter, Victoriaquare,

K 3