Customs Act 1863 (SA)

No. 12.

An Act to comolidnte and amelzd the Laws relaiing to the Custonzs.

[Assented to, 12th November, 1863.1

. AS it is expedient to consolidate and s,lnend the Laws 'reamL".

WIIFPC of Customs iu Soutli Australia-13e it therefore Enacted by tile Governor-in-Chief' of the Provirrce of South A~zstrali;i, with the advice and consent of the Legislative Conncil mid House of Assembly of the said Province, in this present l'arliaiuent asseinblcd, as follows:

1. Froin and after the passing hereof, nn Act No 24 of 1854, RcpfdofA(:ta.

intituled "An Act to amend the Lnwa of the Customs in South Australia;" aad also an Act No. 2 of 1856, intituled 4bA11 Act to

amend the Law relating to the warel~ousiny and sccuriilg of Goods;"

2 i

and also ail Act No. 2 of 21st Victoria, intituled &(An Act to regulate the collection and distllhtion of Duties upon Goods in- tended for consumption ill the Colonies of New South Wales and Victoria, carried by may of the River Murray;" nucl also an Act, No. 3 of 1858, ii~tituled "An Act to aluenrl the Laws of the Customs in certain particulars;" are hereby repealed, exceptiiig al~vays in so tir as the said Acts may repeal any former law, or any part thereof, and excepting so far as relxtes to anything law- fd ly done before the comnmmment hereof; and excepting so fiw

as may bc necessary to enable auy punishnlent to be itlfl~cted or

perialty enforced for anytlring contrary to the provisions of the said

Acts, or either of them.

2. This Act shall be divided into the following parts, tliai is

to say-

The First Division, relating to the construction 2nd iuterpretntion of First division.

the

26" & 27" VICTORIX, No. 12.

Customs Consolidation Act.-1 86 3.

D ~ v r s ~ o s OF ACT. the terms used; the appointment of officers and clcrks; the ob-

servance of holidays; the appointrncnt of' ports, wharfs,

quays, landingplaces; and tthc jurisdiction of this Act:

Scuond division. The Second Division, relating to the licensing of agents, wagers,

and lighters for tlie conveyance of dutiable goods:

Third division.

The Third Division, relating to the appointment of boarding

stations, signals, and the regulations to be observed on report-

ing ships inwards, the production of manifests, hours and

places for landing, and the size of packages i11 which certain

dnbiable goods m:ty be imported:

Fourth division.	The Fourth Division, relating to tho collection of tllc rercnuc, thc valuation of ad vafurern goods, the abatement of dnty on damaged goods, the granting of repayments, and drawbaclcs, the entry anti landing of goods for public purposes:
Fifth division,	The Fifth Division, relating to the appointment of bonded and baggage warehouses, and the regulations to be observed in

the n1a:lagement of bonded and baggage warehouses:

Gixib division. The Sixth Division, relating to the bonding and clearance of goods, either for home cons~zmption, or exportation, or removal coastwise; the deficiency or loss on bonded goods; the ciestruction of goods ilot worth tlie duty; the supply of stores t b ships; tlie sale of goods in bonded and bag~age warelinuses,

nnd the	practice to be observed in t l ~ o	regunging or reweighing
goods:

Sc ~ ~ 1 1 t h division. Tlre Seventh Division, relating to the regulations to be observed

L' outwards," a,nd the time and places for the shipment of goods

for exportation:

Eighth divisic n, Tlie Eighth Division, rc lat iq to the regulations to be obscrvcd

coastwise:

Ninth d i ~ i s i ~ n. Tile Ninth Division, relating to general regulations, the dmiuistra- tion of oaths and declarations; the penalties for false statements or falsifying docunicnts; bonds and securities; disputes bctween niercl~ant,~ and others; the lay days of shipping:

Tcn!h division. The Tenth Division, as to t,lre i~iiportation of goods across the

boundary:

Elcventh division.	Tlie Eleventh Divieion, as to the trade vi'a the l?ivcr Murray:
'T-xelfth division.	The Twelfth Division, s s to the prevention of smuggling, and other illicit practices, and penalties:
Tllirtcentb division.	The Thirteentll Division, relating to tlie granting of coxrlpensatior~

injured iu ' the execution of their duty, and to collusive	and rewards to officers, or the f a d i e s & officers killed or
seizures,

Fourleenth dirision. The Fourteenth Division, to legal procedurr, and rules, orders,

r t d regul t' a ions.

DIVISION

26% 22ro VICTORIB, No. 12.

Customs Consolidation Act.-1 863.

DIVISION I.

VISION TRE FII~ST.

3. The following shall be the construction and iriterpretstion of Interpretation of torms ured in this or

terms used in this Act for the wuruoses of' this Act- nny other ~ c t, in

L I reiation to trade,

Bonded or baggage werehouse" s h l l mean any place provided Cudonls, ornaviga- tion.

by tlie Crown for lodging goods tlereiu for security of tlie

Customs:

Collector" shall mean tEic Collector for Port Adelaide, ancl tlie

Chief Officcr of Cus tom in the snid Province:

'C Foreign" shall nlean m y place other than South A~ustra~lin,

d e s s tlie context shall be repugnant, to that construction:

Goods" shall mean 211 kinds of goods, warcs, i l iel~cl~~l~dize, and

other articles to which the provisions of nuy law of the

Customs may be applicable:

'' Ganger" sl~all not include Licensed Gnugcrs" not paid by

the Govemuent of the said Provii~cc :

L' Landing Waiter" sllall include any officer duly antl~orized to

superintend the lmciil~g and csanlinatioii or lading of goods

on their iniportation OY esportatioli:

L'Justice"-Thc for the said Province: word J astice " sliall xucm Justice of the Peace

" &faster7' shall mean the perfion having or taking the clioge or

coiuiriand of' m y ship:

" Parts beyond the s e d shall menu ally place out of the said

Province:

" Pmpcr Officer, or Principal Oficer" shd l mean tlie Collector, Comptroller, and Lauding Surveyor, the Chief Clerk, S u b Cullcctor, or the pcrson nppoiiited by the Governor, with the advice of the Nxecutivc Council, or by the Treasurer, for the particular duty, service, or purpose in eoliiieetiou

with which sucli expressiou is used:

" Seaman" shall iiclude ninte, iuarinct., milor, or any other person,

being one of the crew of any ship:

Ship" shall mean ship or vessel of m y description, unless nsed to distinguish a ship from a sloop or some other description of vesscl:

" Treasurer" shall mean the Treasurer for the said Province:

L C Warehouse" shall mean any place it1 wldch goods elitercd to be

warehoused may be lodgd, kept, and secured.

4. It shall be lawful for the Governor to appoint proper per- ~ppointm:nt of

sons to execute the duties of the several offices ilccessary to ihc opcera.

due management arid collectiou of the Customs and all mattcrs con-

cerned therewith, and to require of sucb persons such securities for

their

1 18	26" & 27" VICTORTX, No. 12.
Customs Consolidation Act.--1 863,

D I V ~ ~ N	1.	their good conduct therein as he shall deem to be reasonable
and &cessary, and also, as occasion may require, to rcmovc
any such persm from his office: Provided that t'hc several
pe;sons fillibg or discharging the duties of such several offices at the time of the commencement of' this Act shall contiriuc to fill and discharge the duties of and cxcrcise all authorities conricctcd with such offices until such appointincnts be made respectively.

Pers0h8emp10)-cdb~ C U B ~ O ~ S deemed 5. Every person employed on any duty or service relating to the Customs, by the order ar with the concurrence of the Governor, whether pr&io~~sly or swbsequently expressed, shall be deeined to be the officer of Customs for that duty or service, and every act, matter, or thing, required by any law a t any time in force to be done or performed by, to, or with any particulx officer nominated in such law fbr sucl) purpose, being done or performed by, to, or with any person appointed by the Governor, to act for or in behalf of such particular officer, shall be deemed to be done or performed

offiocrs of such ecr-

by, to, or with such particular officer.

Declaration on admis- 6. Every person who shall be appointed to any office or employ-

eion to office.

mcnt in the service of the Customs shall, a t his adnlission thcrcto,

make the following dcclnration, that is to say-

" I, A. B., do declare that X will be true and faithful in the execn- tion, to the best of 111,~ knowledge and power, of the trust oonmitted to my cllarge and inspection, ill the service of Her Majesty's Customs, a id that I will not rcqnirc, take, or receive m y fee, perquisite, gratuity, or rermrd, whctl~cr

pcc~uhry, or of any sort or description whstcvcr, either directly or indircc~ly, for any service, act, duty, indter, or thing, done or performed, or to he done or performed, in the execution or discharge of' any of the duties of my office, or employment, on any account wlmtever, v ther t11m iliy salary, or what is or slmll be allowed rue by law, or by any special order of the Governor for the time being,"

Officcrs t a k i q nny	7. If	any clfficcr, clerk, or other person ;~ctifig	in all7 officc or
fce or rcwtrrd not

allowed shall be dig-

cmploynlerlt it1 or belonging to the Customs, s l i d take or re-

missed.

eeive any fee, yeryuisite,-gnt~~ity, or reward, whether pecuniary, or of any other sort or descrigtion whatsoever, directly or &- directly, hwrn any person (not $ehg R. person d;dy app6inted to some ofice in the Customs) on account of anything done or to be done by him, or in any may relatiig to his said office or employment, except such as he shall receive under ordcr or per-

mission of the Governor, every such officer, clerk, or otKer per-

Pe ralty for offering

son so offending shall, on proof thereof, be dismissed from his

fee.

office; and if any person, not being a person duly appointed to

Eome officc in the Customs, shall give, offir, or proniise to give any

such fee, perquisite, or r ckad, ihhall for every sue11

offence, forfeit a sum not exceeding One Hundred Pounds nor less

than Ten Pounds.

26O & 27" VICTORI-33, No. 12. 119

Cwtoms Consolidatio~z Act-1863.

D I Y I B I O ~ 1.

8. No officer of Customs, or person employcd in the collectioii

or management of, or accounting for, the revenue of Customs, or Officers of Customs

ally part thereof; nor any clerk or other person acting under them, locd offioioea,

not liable to serve in

alia.11. during the time of his actine: as such officer. or of his being

so el&oyed ns aforesaid, or of l& acting as such clerk or 0th;

person as aforesaid, as the case may be, be compelled to serve in

any other public office or cniployr~ient, or to serve on any jury, or

inquest, or in thc militia, any.law, usage, or custom to the contrary

thereof iiotwitl~standing.

9. No day shall be kept as a public holiday by the Customs ex- IIolidays.

eept Christmas-clay, Good Friday, the Aniliversarp of tlle Founda- tion of the said Province in every year, also such days as; s l d be appointed for the celebration of the Birthdays of IIcr Majesty and Her successors, and every Saturday aftcr the hour of ont: o'clock in the afternoon.

10. The provisions of this Act shall include and extend to the Jurisdiction of ~ c t.

limits of the said Province and the waters tliereof, i~nd to four nauti- cal leagues seaward from higliwtlter-nwk on the coast of the said Provincc.

1 1. The provisions of this Act shall extend and apply to such :;~~;PP'Y to River

part of the River Murray, and all vessels navigating tlic sallie, as may be within the limits of the said Province; and all vesscls mvi- gating thc said river sllall be deeimd to be vessels trading within the snld l'rovincc or c m tilc coast tliercof.

12. The Govcr~lor with the advice of thc Executive Council rnny c.vem.. mayappoint

:tppoint m y port or subport and dcc1itl.e the limits tliereof, and ap- quays snd ports.

point proper places within the s:me to be legal quays or wliarfs

for the lading and unlading of goods, m d declare the bouilds and

cstent of any such quays or wharfs, or niiinul tlie limits of ally port,

after set out and appoirlted, and declwe the sanie to be no longer sub-port, or legal clnay or wharf already appointed, or to be here-

a port,, or s ~ ~ b - ~ ~ o r t; br legal quay or wharf, or alter or vary ale

nnmes, boulds, and limits tllercof; a id all ports a d thc respective limits thereof, md all legal quays or wharfs appointed, set out, and existing as such at the time of the com~uenceri~ent of this Act shall continue to he such ports and qunys until annulled, varied, or altered, and any port or quay and the limits thereof now annulled or altercd shall continue so annulled or altered until otherwise varied or altered as aforesaid.

-.

Division Sccond, RS to the licensing of agents, gnagcrs, and

lighters for the conveyance of dutiable goods.

13. I t shall ~ o t bc lad111 for any person to act a,s agent for Persons entering or clearing ships, &c,, as

transacting any businem at the Custom 110~1s~ which s l d relate to agen,, l,

the and give bond,

.26" & 27" VICTORIB, No. 12,

Customs Consolidation Acr.1863.

Urvrsroa	Ir-	the entry or clearance of any ship, or of any goods, or of any
h g g ~ g e, unless autllodzed so to do by licence of the Collector,
who 1s hereby empowered to demand and receive for, or in respect of every such licence issued by him, the sum of Ten Pounds s t e d i n ~, and to require bond to be given by every person to whom such 11cemx sllall he granted, with one sufficient surety in the sum of Two Hundred Pounds, for the faithful and honest conduct of such person, and of his clerks acting for him; and all licences hcrctofore granted by thc Collector to any persons to act as ;tgcnts s l d i be valid until revoked; and all bonds tnlcen for the fkitllful and honest corduct of sucli persons shall remain in full force: l'rocidetl r l l w ~ s, that any person or pcrsons in copartner- ship may, v i th tllc npproual of' thc Collector, appoint W clerk or servant to trnn~nct such busincss on his or their behalf; and the name, residerxe, ancl date of'appointn~ent of' such clerk or servant s l d l tlle~eupon Ire cndorscd 011 the liccnce of such person
01. persons, and shall be signed by him or then1 in the prmence
of; ancl attestid by, the Collector or other proper oficer; and all sucli appoint;mcnts shall Be recorded in a register, to be kept at the Custom House for that purpom; and no person shall act as such clerk or servant unless so appointed, euclorsed, and recorded, nor act fix or 011 behalf' of R I ! ~ otllcr than the person or persons so appointing him: Provided, a!&, that if any person shall act as sucli
agent, not being so licensed, cr ss such clkrk or servant, not being
so arpointed mid recorded, any snch person shall, in either case, for cvrry such offcncc, forfeit and pay any s l m not less than Tcn Pounds, nor rnorc than Orlc Hundred Pounds.

Agents'liccncesma~

bc revoked.	14. I t sl~all bc lawful for the Collector, mith the sanction of the Govcrnor and thc Executive Council, by any order under his hand to revoke any snch lkclrcc, and tlint afier c2 copy of sucli order shall l~avc been delivered to m y such licensed person, or to liis clcrlr, or lcft a t his usual place of abode or business, such
liceilce shall be voicl.

CoUcctor may liecnec 15. I t shall Ec! lawful for thc Collertor to license co~npctcnt

gaugers.	persons to act as ~ Z L I ~ C T S, subject to such r~zles and regula- tions as may be approred by the Treaswcr, ancl to requirc bond with oue sufficient surety in the sum of Two Hundred Pounds for the faitlihl and honest conduct of such person; and the Collector is hereby empowered to demand and receive i11 respect of such licencc issued by hiiu the suiri of One Pound sterling, ancl such
sum or sums so received shall be accourited for by the said Col-
lector in. the general receipts of the Customs.
Collector may revoke	16. It shall be lawful fur the Collector, with the sanction of the Treasurer, by any order uncler his halid to revoke any such licence, and that after W COPY of such order shall have been delivered to any such licerisecl person, or left a t liis z1sua.l place of abode or business, such licelice shall be void,
gaugcr's liccnccs.

26" & 27" VICTORIB, No, 18.

Customs Consolidation A c t 1 863.

Drvl sro~ - Ir* -+

17. It s l d l be lawful for tile Collector to licence masters or owners of liglltcrs for the conveyance of dutiable goods, subject to of lightr,n

such rules and regulations as mav be approved by the Treasurer; for the conveyance of

and the said Collector is hereby bmpowcred to require bond to be dutiable goods,

given by every person to wliorn sac11 licence rnay be granted with two sufiicie~~t sureties in the sum of Five IIundred Pounds f;r the faithful and honest conduct of s~icli person whilst conveying dutiable goods in any lighter: Provided that :dI lighters to be used in the conveyancc of c1otinl)lc goods sl~nll hc also licmsed, and be yilintcd,

~mrkcd, or nlii-nbcrcd, ns shall be provided for by such rules and

rcgulatiuns.

IS. All 1:iws relating. C. to tile Cnsto~ns aod the provision.^ of this $ & ~ ~; ~ ~ ~ $ ~ B,

Act sliall be applicdde to lighkrs when conveying dutiable goods, in the same nlarincr as though tlic qoods were on board the iwpostiig ship or any other registered v&scl.

The T l h d Division, relatiilg to tlie appointnlcnt of l~oarding

stations, signals, and the regulations to be observed in re- porting ships inwards, tlie productiou of ni:wifests, llours and places of inndin6 the prohibition of certain goqds, and the size of packages In which ccrtaiii dutiable goods may be im- ported.

19. I t shall be lr~wf~sl for the Collector, with the sanction of the Collector to w o i n t boarding stations and

Treasurer, to al~point boarding stations and sipnls to be nscd at, signals.

or off such stations, :ind all niastws or pilots of ships shall on their

arrival within the limits of such boarding stations, bring or heave

to for t,he prayer otificcr of Customs to come on board, and any

nlnster or pilot who shall fail to b r i n, ~ or heave to within tlie liriiits

of such b;arding station, or who s l d l iieg.lect or Eiil to make my

forfeit and pay a surn not exceediug Thirt-y Pourds ilor less than sigiial provided to be iilade under any regulations under this Act, or who slia~11 disobey any signal provided for as nforesaid, shall Five Pounds.

20. -411 ships and the masters thereof, arriving within the limits Ships arriving withiu the limlts of the Pro-

fixcd by the tenth clause of tbis Act, s l d l be snbject to the pro- to be un,Jer the

visions of illis or m y otller Act relating. to Custon~s, trade, or awi- jurisdiction of this

gntion, and tllc riiastcrs of all ships arrinng within snclr liniits shall Act'

produce to the proper officer of Customs, on demand, the following TO prodnrr papea.

papers, that is to say-

First-The clearancc from the last port of depnrture:

Secoad-The manifest or manifests r e l a t i q to the cargo on

board, also shipping bills or cockets, and store lists:

Third-Certificate of registry:

Fourth-List or lists of passengers on board:

Fifth

Customs Consolidation Act,-1 863.

DLY I ~ T O N 111. Fifth-Articles of agreement betwccn the master and crew:

Sixth-The ship's and official logs:

Shall truly answer	And the ri~nster	of any s l~ip	witlii~i	the limits of the said Provillce
questions.

dmll truly answer afl such questions as shall be put to him by the

OZoers may remain	praper officer of Customs relating to the aforementioned papers, or
on board.	on any subject relating to the proceedings of the ship since her departure from thc first port of' clearance; and it sliall be lawful for the propw officer of Ccstoms to remaiu on hoard any vessel within the limits of the said Province, until either her c a g o &all have been disclrarged or until she s h l l quit the limits of the said Province: Provided that wlicn an officer or officers of Customs shall be placecl 011 board any sl~ip bv the authority of the Collector or other principal
oEcer of Costomn,'tl~e imster of such ship sl~all

provide tor such

oiticer or ~fficers wholesoii~e food, b e i ~ g equal in quality and qua~itity

to tlint allowed to the mate of tlie ship 011 board of wl~icli any officer

inav be placed; Provided that 110 illaster slldl be required to supply ni l j officer so employed with either wine or spirits, or any fermented liquor. Alid it shall be lawful for any niaster providing such food to delmild from the officer so supplied, :t sum not exceediug two

sldliilgs per dicm, or in the event of the officer not remainiug 011

board R whole day, or that the time such officer sliall be on board includes any brolren pmt of a day, the illaster shall be entitled to cl lage a t the rate of Oiie Shilliilg per meal sl~pplied during tllc portion of a day, or beyond the co~lqdet~on of the whole day thc officer map

be 011 board; and m y master who slinll refuse or neglect to supply

ally sucll officer with food, s l d fo14eit ancl pay for each offence n

suhr not less tllan Five Puoucis iior exceeding 'll\venty Pounds. Any ~nnster mlio wihout rensonnblc esylmation shall fail to produce tllc palwrs referred to iri this clause, oi. wlm shall fail to truly allswer

A L

any question put to him under the provisions of this clause, or who

shall quit the limits of the said l'roviiice after any vessel or boat

master to lieare or bring to, shd l forfeit ancl p l y a sum not bclooging to or in tlw service of the Cnstouis has sign:dlcd to such exceeding One Huudred l'owcts nor less t lmi Tcn I'ouiicls.

Ship; to hcarc to. 2 l.

When any ship s l i d arrive within the limits fixed by the tenth clause of tl~is Act, and sliall not brirlg to or heave to on being nlq~rowlied and hailed, or otherlviae sigmlled by any vessel or boat beloilgiug to, or enlployed in the service of'tlic Cnstonls, such vessel or boat sllowing or hoisting the Custom TIouse flag nnd pendant, tlie master or pilot in charge of such vessel shall forhit a i d pay a

sum not exceeding Thirty l'tmiicls nor less tliau Five Pounds.

Officer to have access

22. The proper officers of the Custonls niny board any ship arriviug within the limits fixed by the tent11 clause of this Act, and freely stay 011 board u&l all the goods laden thereill shall be duly delivered' from the same, or until clearance be ob-tained, and shall l~ave free nccess to every part of the ship with power to fasten dowu hatchways or entrances to the hold, and to mark any goorls before

to all gooda,

lading

26" & 27" VICTORIB, No. 12.

Customs Consolidation Act.-1 863.

landing, and lock up, scal, mark, or othcrwisc secure any goods on	D ~ v ~ s r o n	m.
board such ship; mid if any placc: or any box or chest be locked and the keys bc withheld, such officers if they be of a degree superior to that of tidewaiter may open any such place, box, or chest, in the best inanner iu their power, and if they bc tidcwaiters or only of that degree they shall send for their superior officer who may open or cause to be opened, any such place, box, or cllest, in the best inanner in his aowcr, and if any goods Fe found concealed on board any such ship Athey &all be f&fzted, and if the officers shall place any lock, mark, or seal, up011 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 of such goods be secretly conveyed away, or if the hatclways or entrances to tllc hold after having becu fastened dowu by the officer be opened, the master of such ship shall forfeit the sum of One Hundred Pounds, and if the proper officer of the Customs shall place any lock, mark, or seal, upon any stores ou board any ship or vessel arriving in the said Province, or upon any package whatever at m y time, and such lock, mark, or seal, he opened, altered, or broken, or if any such stores be couveyed away either wide the ship remains in tbc port at which she ahali hnvc so arrived or hefore she shall have arrived at any othcr port in the said Province to which she inay then be about to proceed, tllc iilastcr of such ship shall forfeit the sum of Fifty Pounds.

23. Tf any ship coming within the limits fixed by thc tenth clause of this Aet sliall not come as quickly up to the proper place of	Ship to come quickly to place of unladirg
or to station.

mooring or unlading as the nature of the port will admit without toucl~ing at any other place, and in proceeding to such proper place: shall not bring, to at the stations appointed by the Collector for the boarding of s h i p by thc officers of the Customs, or if after arrival at such place, such ship shxll rcinovc from such place except directly to some other proper place of mooring or unladingf, a2d with the knowledge of the proper officer of the Customs, or if the master of to provide every such officer sufficient room under thc deck for his any ship on board of which any officer is stationed neglect or refuse 1)cd 0' I-lalnmock, the master of such vessel shall forfeit the sum of

Twenty Pourlds: Provided that vessels cwlling for orders shall be	Accommodation t r
dlomed to remain in their first place of anelloraye off or near any	officer.

port until thc ultimate destination of such ship shall be decided upon

by the master.

24. The master of every ship, whet he^ lndcn or in ballast, shall within forty-cight hours after arrival from parts beyond the seas

Master to repat

within forty-tight

hours,

at any port in the sztid Province, m d before bulk be broken, makc due report of such ship in the form contai~icd in the sccond Schedule to this Act or to the same effect, and containing the several particulars indicated or required thereby, and if the cargo of sucll ship shall haw been laden at several places, shall state the natues of those places in the order of time in which the same were laden opposite to the particulars of the goods so lsded.

26" & 27" VICTORIiE, No. 12.

Cu&oms Consolidation Act.--1863.

D r v ~ s r o ~ m.

- - 25. If such master shall f&l to make such report according to the ~"rticu1:m liereinbefore set fo~ th, so fatr as the same me applicable to

Penalty. suck ship, cargo, and voyage, or if thc particulars or any of tl~em coil-

taitred in S L ~ I report be False, such master shall forkit a sum of not

less than '~wcnt,y l'omlds and not cxcecrling One Hundred Pounds. And when any vessel shall be wrecliecl or cast ashore upon my part of the coast within the liniiis of tl-rc said rroviucc, the master or owner thereof s l d l forthwith malice a report inwards of such ship ancl cargo, so fbr n.s it may be possible for h im to do so, at tlie nearest Custom Iiollse to that part of the coast where such vessel 5 1 l d be wrecked or cast ashore, or t o the nearest Justice of the Ycace: and if' s ~ x h ~ n a ~ t ~ r or owi~er shall fail to make such rcport,

11c s l d l forfeit a snm ~ i o t	exceeding O ~ i e	Huuclreci Pounds, nor less
than Ten Pounds.

Goods not rc,mrl~d	26.	Goods iiot	d d v ~ q m - t e d	may be detainet1 by any officer of'
may bc detaiccd,

C~lstaim until tiw n a k shell be so rrportcd, and the cnuso of the omiisiorl exlhiued to the salisfhotion of the Collector, or other proper ofEcc:*, ~ ~ l m may t lwwpon order the said goods to be restored on cud1 terrlls :LS he imy thiuk proper, a ~ l d sucli goods may in the meantime, should the Collector o~ ot lm proper oficcr dccm nccwsary, be take11 tc, :I b:lgpg-e w~rchouse.

Mastcr to prodwo

mnnife~t.	47. ?\'a goods sliall be itnportcd tunless the master shall have on board of the i~~lporting ship :L iu:u:ifcst of such goods coutttiuiug the nnmc: md tonnage of' the ship ;~llcl the nniilcs of tile owner and nlaster thercot; ad also of' the p h c e to which tile ship hclol~gs, and of tlle plncc: or places w h r e such goods were tlnken OSA boaid as
d b m s a i d, as we11 3s i l pnrtic111;w account aild (lescriptio~~ of R11
paels~gcs oil board, with the 1u:zrks and uuinbers thereon, ancl of all
~ o o d s stowed, loose, with the names of' t l ~ shippers and consignees
thereof respectively, so fiw as tile same lllny be liuaw~l to the master,
and if asy goods shell be iwpo~tcd with& snch mauif'est as afore-
Y~oviclccl that no niaster shall be linblc to any proceeclings under said? thc iuaster shall forf'cit the sulrl of Oiie Hu~idred Pounds:
this clausc, if it be prowcl to thc: satisfxti011 of tEw Collector or other proper officer, that such ship 1s not required to ht~ve
il ~nitnif'cst at the port of clearance.
Captain of com-
missioned ship to	28. The cnpiain, master, purser, or other person in cllarge of any ship (Imring co~miission from Her BInjwty or fiom any foreign state), having on board ally goods laden in parts beyond tlie seas, shall on arrival at any port in the s:rid Province, and Before any part of such goods be t&11 out of such ship, ur when called npou so to do by any officer of the Customs, deliver m accomt in writing under 111s liaud to the best of his knowledge, of the quality and quantity of every packngc or parcel of such good$, and of tlrc rnnrks and numbers theseon, a d of the rimes of the respective shippers and consignees of the same, and shall make and subscribe :I declaration nt the foot of s~lch acconnt declaring to the truth thereof, and shall also truly answer to the Collector, or other proper officer, such
report goods,

yuestiona

26" & 27" VICTORTB, No. 12. 125

Customs Comdidation A c t 1 86 3.

c1uestions coocernii~g such goods as shall be required of him, and on Drv~sron 111.

hilore thereof; s ~ c 1 1 captain, master, purser, or other persou shall forfeit the sum of One I-Iuudred Pounds, a11d all sucli ships shall be liable to snch searclies as merchant ships are liable to, and the officcrs of the ('ustoms tnny freely entw and go oil board all such ships, 2nd bring from tllcucc on shore into the Queen's warel~ouse,

any goods found on board such ships as aforesaid, subject, never- tl~eless, to such regulat,ions in respect of ships of war belonging to lIer BIajcsty, as shall froul time to time be directed in t h t respect by the Governor, with the advice of the I"lxecutivc Conncil.

2 9. The mnster of every ship arriviilg from parts beyond the Master to de~ivar

seas shall, a t the time of iunliing such report, deliver to the Uollcctor, ~~~v~~',",","$&'P

or other proper officer, the runnikst, if any, of the cargo of such sl~il), laden on Isomil, nud s l d answer all sucli cluest.iolis relating to L ' A V

the ship, cargo, crew, and voyage as sliall be put to him by such Collector, or other proper officer, ancl in case of' fhilure4or refusal to

answer such qucstiorls, or to arlswer truly, or to produce any such

iimlifest, or if any sucli nmlifest s l d bc false, or if any manifest he uttered or p rbd~~ced by any master, and the goods expressed tllcrein respectively shall not have been hn?d j d e sllippcd 0x1 board such ship, or if ally ninnifcst uttered or produced by any master s l d l not linvc been signcd by him, or ally such c ~ p y shall not lmvc been received or made by him previously to his leaving the place where the goocts expressed in such nianifest were shipped, or if after the arrival of :my ship within the linlits of t l ~ c said Provil~ec, or witlllo fc~ur leag& of tlic coast of the said Proviacc, l>ullr sliall be broken, or any altelutio~i made in the stowage of the cargo o f such ship, so ns to fi~cilitate the unlading of any part of snch cargo, or if any part be stttvccl, destroyed, or thrown ovcr- board, or any package be opened, uuless ncco;nted for t o the satis- f;ictioil of the Collector, OY other proper officer, in every such case sucll master slid1 forfeit a snnl not exceeding One Hundred Pounds. 30. If the contents of m y package iuteuc!.ed for exportation in the Packages reported " coiltents unknown"

s;me ship, or for transhipnicut, sllall be reported by the master as hr ro-erportatio,,,

being unknown to him. the officers of the Custolns may onen and may be opencd. V I

".

cxam~iie such pncknge on board, or bring the samc t'o a baggage warehouse for that purpose, and if tliere be fjurid in thnt package any goocls w11ic11 are prohibited to be imported, such goods shall be fo&ieited, unless the Collector shall pcrmit tlieni to be exported.

31. If the cargo, 01- :tiiy l)ortion of thc cargo, of' any ship arriving Spirits, opium, and

f?on~ parts beyond the seas, slinll on arrival a t any port i d the !z;::r$H,f" "".p"'"l~

said l'rovince coi~sist of spirits (not beiiig perfumed or medici~~tll

spirits) ancl tobacco, or m y of them, and sl~all uot bc specified in

such report, and described in tlic sallie by the ~rinrks and numbers tllereon respectively, such spirits nud tobacco, or such portion thereof respectively as shall not bc so specified aud described, shall, wlletllcr tllo same be duly eutered or liot by the owner or con-

signee, Be forfeited, uuless the Collector shall poriirit the same to be

exported ;

1%	26" & 2'7" VICTORI-33, No. 12.
Customs Consolidation .Act.-1 863.

1 1 1 exported; and if the inaster, lmowieg that the contents of any package consist either wholly or ilk part of such spirits and tobacco, or of any of them, shall wilfully fail to speciiy or describe tllc same in manner aforesaid, he shall forfeit the suur of One H~~udrecl Pounds.

Time and place of

landiag. 32. No goods, except live stock and other articles l~crcinaftcr

provided, sllall bc unshipped from any ship wriving fi*om parts beyond the seas, or landed or put 011 shore, except on days not Being Snudnys or holidays, and witllin the legal honrs-

that is to say, between ei@t in the morning a d four in the sfter- uoon from the first day ot October to the thirty-first day of March, aud between nine ill tlle morl~ixig and four io the afternoail from tlle

first day of April to tlre thirtlctl~ day of September, exceptin? on C.

Saturdays; and on every Bnturclay throogllout tliu year from clg!lt o'clock in tire niori~ing until twclve o'clock at noon, unless speelal authority be given by thc Collector and then only upon dcpositimg the ovcrtilne pay doe to tlie officer 01. officers atiending; nor s11a11

any goods be so unshipped or landed unless in the prcsencc

or with the gutllority of the proper officer of Costoins, Gild such

goods slrdl be lmcled at some wlmrf, or place appniuted for t l ~ c

Inndiit~ of goods; and no goods after llnviug been pxt into any boat

3

or crAt to be Iniiilccl, s l d ? be removed illto any other boat or cmft previous1 y to tlicir being duly lmded wi tllout the permission or ;~utlroriky of the proper officer of Customs, nncl all goods unlaclcn contra~y to this or any Iaw of the C~stoins shall be forfeited, and all pcmonsconccrned, whither directly or indirectly, in the I w n d i ~ ~ g

of' p o d s before due cntry 11c pfissed mid wnrmut granted. sl~nll be

sul,ject to a p e d t y not exccedii~g	F'if'tp Pounds nor ~ C S S	tlim Ten
Pounds.

Certain articles may

be landed not witldn	33. It s l d l bc lawful for the iinporter of any live stock, fresh ~nent, fish,	fruit, or vegetables, to 1: ~ d	the smile at any tiiuc,
legal hour i~

although on a Sunday or holiday, or not withiii legd hours, in accordance with, and subject to, m y regillations to Ire for that pur-

pose from time to time, made by the Collcctor.

Prnhibitiou~. 34. If any goods enumerated or descrihod in the following tnblc of prohibitions slid1 be ilul~nrf~rl OF brought into the said Proviiice, then, and it1 every snch case, such goods shall be forfeited nucl des- troyed or otlzerwisc disposed of as the Treasurer ruay clirect-

A table of prohibitio~~s	iinwards.-Goods	nbsolokly lxoliibitcd
to be imported-

Boolrs whereiu the copyright s l d l be first subsisting, first com- posed, or written, or printed in the United Kingdom, or in the said Province, and priilterl or reprinted in any other part of the wo~ld as to which the proprietor of s;~ch copylipllt or his agent shall have given io Lhc Collector n notice m writing that such copyright subsists, such notice also stating when such copyright will expire:

Coin, viz.--False money or counterfeit sted ing:

Blasphemous,

26" & 27" VICTORIX, No. 12. -p-

Customs Consolidation A c t. 1 8 6 3.

D1vum~ II1.

Blasphemous, indecent, or obscene prints, paintings, books, cards, lithographic or other engaviugs, or other blasphemous, indc- cent, or obscene articles:

Ilifected cattle, sheep, or otlier animals, amld hides, skins, lionis, hoofs, or any other part of cattle, or otlier animals, which the Governor, with t h advice of the Executive, Council may pro- hibit, in ordcr to prevent any infections or contagious dis- telrlper or disease:

Spirits (not being perfumed or medicinal spirits) unlese in sliips of fifty tons burden a t least, and in caslcs or other vessels capable of containing liquids, each of such casks or othor vessels being of tllc size or contciit of fourteen gallons at tlic l a s t, arid duly reported, or in glass bottles or stone bottles uot exceeding the size of three pint bottles, and being really part of the cargo of the importing ship, and duly rcported:

Stiuff or tobacco, uiiless i11 sliips of fifty tons burden a t least, and

i l l whole and coiuplcte packages, each containing not less

tlmn sixty pounds net weight, and riot containing any otlicr goods, and umlless into snch portv as are or may be approved by tlw Governor, with the d v i c c of the Executive Council,

for the importation m d rrare!loosiiig of tobacco:

Cigprs, unless in ships of fifty tons burdcii at leas< and in pack- ages contailiiug not less tllnn sixty pounds net weight, o~ not less th;m :;m tliousnnd in number each, aud not contain- ing m v o t l w goods, and ur~less into such ports as are or may b i approved as last aforesaid.

3 5. The imp ortnt ion of arms, aliimuuition) gunpowdcr, military Arm?, &C., I I U ~ be

and navd stores, ancl other goods may bc prohibited. by l'rocla- ~'u'liL'itcae

mation, or order of the Governor, wit11 the advice of the Executive

Council; and if any goods so prohibited shall be imported they

shall be forfeited.

36. 'l'hcre shall be puhlicly exposed at the several ports in the Lists of prohibited

s d d Province printed lists of all books whcrciil the copyright s l r d be	boolw to be exposed.
subsisting, and as to which tlie proprietor of sucll copyright, or liis agent shall have given notice h writiuq that such copyright exists, stating in such notice when such copyright expires.

DIVISION THE FOCRTH, I ) r v r s r o ~ IV.

Uivision Fourth, relating to the C~llect~ion of tlic Eevennc, the

valuation of od valowm goods, the abatement of duty on damaged goods, the granting of repaymcnts, tlic entry and landing ofgoods for public purposes.

37. It shd l be hwfid to import any goods which are not by any Itnporta~ion and pro-

law in force a t the time of importatioti thereof proliibited to be so h- hibition.

ported, and to warehouse under the laws ill force for the wi~reliousill~

of goods, except as hereinafter provided, i wareliouses duly approved

2M for

26" & 27" VICTORIX, No. 12.

Customs Consolida $ion Act.-1 863.

for the warehousing of goods without payment of duty, on the first entry thereof anv goods subject to duties of customs, the impor- tation and wareliousing whereof is not by any law in force at the time of such importation.

Time of importation

and arrival defined.

38. If upon the first levying or repealing of any duty, or the first permitting or prohibiting of any importation, or at any other timc, or for any of the purposes of this or any Act relating to thc Customs, it shall bccomc necessary to determine the precise time at which an importation d a u y goods shall be deemed to have hail eEect, such time shall bc deemed to be the time at which the ship import- ing such goods had actually come within the limits of the port a t which such sliip s l d in due course he reported, and such goods be discl-~arged; and if any question shall arise, upon the arrival of any ship, in respect of any charge or allowarice upon such ship, exclu-

sive of cargo, thc time of such arrival slid1 be dcemccl to bc tllc time

at which the report of such ship shall have been or ought to ham

been made.

Duties to Ic unclcr:

managemexlt,crf tkc

39. All Guties of Custonis, or otlier duties under the manngeluea~t, collection, or control of the Collector, drawbacks nnd allowances now imposed and allowed, or which may liereafter be imposed or allowed by law, sliall be under the management of the Collector for the time being, arid s?mll Fe asccrtained, raiscd, levied, col- lected, paid, recovered, allowed, and applied or appropriated under the provisions of the laws for the tiiue being in force relating thereto; and all duties and drawbacks iinposed and allowcd, according to oriy specific quantity or m y specified valuc, shall be. deemed to apfily -in thc same proportiou to any greater or lcss quantity or valuc, and shall hc paid and received in currency and according to staudnrd weights and uicasurcs.

CoUector.

40. I n all cases where any new duties of Custom, or other duties

W""

imposed, fomer ones

t d continuc until xww under the mana,gemcnt, collection, or control of the Collector

duties arc chwgeable. are or may be imposed by ariy Act or Acts in lien of any former

duties nayable at tlle time of the coi~lrneneenieilt of such Act I J

or Acts, such former duties shall be and continue payable until sac11 new duties imposed in lieu thereof sliall become chargeable, s aw and except in caves wherc the Act or Acts in~posing such now duties shall otherwise provide; and all moiieys arising from ally duties of customs, or any arrears thereof on account of m y goods vhatcrer, imported into or exported from the said Province under any former Act, although computc.d under such former Act', and whether secured by bond or otherwise, s l d he levied and appropriated in the same manner as if thr! same had becu niacle payable by this Act or my other Act in force for the time being; a i d a11 drawbacks or allownnccs payable under ilny fornicr Act slrall be paid or allowed under tLis, or such other Acts as may bc in force for the time being.

C O O ~ S in wnrehoosa. 4 1. AI1 goods whatsoever, which now are or ntny be deposited

10 be s&jcct t o autics in m y warnhouse without payment of duty upon the first iiilporta-

tion

26" & 27" VICI'ORIa, No. 12.

Customs Colzsolidation Act.-1 863.

1,

sllall, upon being entcred fhr hou~Aonsumption, be subject io such charGCable at lime oi

and the like duties as may a t the tinie of .pnssing such entry be due clcariu~ce

from tho

and pynblc 011 the like sort of goods under any Act or Acts passed warehouse.

for imiosiog any cluty or duties of' Custonls wliicli shdl or may be

in force a t the time of passing such entry, save and except in cases

where special provision s l d l be inadc in any such Act or Acts to

the contrary.

intended to he delivered for home use on the la~iding tliei*eof' from 42. The iinporter of nny goods liable to duties of Customs, a i d z$z

the importing ship, or his agent, sliall, within t h e days in the case

of sailing vessels, and twenty-four bows in the case of steamers

suil Colonial vesscls, after the report of such ship, and before

uushipmelrt thereof, ~ilnke perfect eutry of such goods by delivering to the Collector a bill of entry thereof; iu thc form contained in the Third Schedule to this Act, or to tlic same effi'ct; ancl such entry or entries shall be fairly and legibly written or p~inted, mid contain- ing the several particulars iudicated in or required thereby, and tlic particulars in soch entry slrall correspond with thc pnrtic;le,rs given of thc same goods and paclmges in the report of the ship, and sl~all

state tlm value of such goods, and tllo i~aljortrr or l& agent shall

subscribe a declar~~tion of the trutll of such value, ir! thc form set

forth at thc foot of suc11 entry.

43. The importer or his agent slinll inmiedi,ztely upon the entry ~ n y m e n t o f dxtiea.

of any ~oodwil tered hy llrrn to bc delivcrcd for llonle use, imp down m y dutics which m:ay be payable upon the goocls ilientioncd 111 such bill of entry to the Collector or other pt?rsou nutliorized to receive the same; allcl suds bill of entry, when signed by t l ~ c Collector or

otlier such person, s l d l be trnns~nittcd to the la,ldiig waiter a d be

his warrelit for tlic landing and delivery of such goods.

44. Tlie iinporter of any goods, not subject to dutics of Custonls, Partirulars and wrlr-

goodt.

or his agent shall, within t h e e days in the case of' sailing vessels, rants, free before required on the entry of dutiable goods, so far ns thc same is applicable, and such bill of entry, mhcu signed by the Collector, shall be trarisnlitted to the proper officer, and be his warraut for the delivery of the goods nieritioned therein.

a d twe;ty-four hours in tlie ease of stcwn~ra or Colonii~l vesscls

after the report of the importing ship, deliver to the Collector a bill

of entry of such goods,in the manner ant1 form set forth in the Seventh

45. Tlie importer of any goods or his agent, if unable for want of Sight entry when

full information to make a perfect entry of such goods, on innlcing and goods are not known.

subscribit-rg a cteclar2ttiou to that effect before t l ~ c Collector or other

proper officer, may urake an entry by hill of sight for the p a c l q e s

or parcels of s w l ~ goods in the form contained in the Fourth Sc2lcdule to this Act or to the same effect, and contai lha the several pnr-

titulars indicated or required thereby.

46, Such

Customs Conso~lidotion A c t 1 863.

Dxvxsro~ IV, 46. Such entry being delivered to the Collector or other proper

Sight entry to be per- officer, and signed by him, shall be the warrant for provisionally

fccted aftcr ex- landing such goods to be exainined by such importer in the prcscnce

amination. of the proper officers, a i d the importer shall within three days after the landing thereof, mid before the same shall be dclivcrcd, rnwlre full and perfect entry thereof, whether for payment of' duty or for warehousing, or for delivery five of duty, as the case may be, a i d such entry when s i p e d by the Collector or other proper officer, shall be taken as the perfect eutry for such goods.

Goods entered by	bill	47. Where an eutry for the landing ancl exainirlation of goods goods shall not be delivcrcd until perfect entry thereof s l d 1 lmve been made and the duties thereon paid, ui~less the inipartcr or his agent shall have deposited with the proper officer of the Customs n sum of morlcy s~~fiicient in nmouut to cover the duties payable thereon, and if tlw suill deposited on a bill of sight s l d not be equal in amount to the duiies payable u.poii all the goods contained in any single package landed or examined thcreby, no part shall be delivered iintil a perfect entry or entries is or are made and the duties paid or deposited for the m-hole of the goods cont,ainec in such package.
of right not to be	t e -
livered until duty	ia	for delivery on payment of duty shall be made by hill of sight, such
paid.
If entry be not per-

fected, goods to bc 48. If full allcl perfect entry of nny goods lmdecl Ly bill of sight

removed to bonded as rtforesaitl h not ~ ~ within d c three days aft,cr t l ~ e lmdiiig thereof,

warehouse.	such goods shall be taken to t h bondeci wsid!ou~o by t& oficew of the Customs, and if the importer shall not within onc nlontll &er such landing? or within mcll further period as the Collector shnll, in his discretion allow, die perfect entry or entries of sncll qoods and pay the duties tl~ereon, or on such parts as c m bc entered for home use, togetlier nit11 the cl~nrges of removal and of wvarehouse rent', such goods shall be sdd for the pnynlent of such duties and charges (or for exportation if they be such as cannot be entercd for
after paynlent of such duties and chagrs, or the chnrses if sold for home use OF s l ~ ~ l l not be wortl~ the duties) micl the overplus if any,
exportation, s l d l be paid to tlic itnporter or proprietor thereof: Provided always, that when entry be at any time ~nnde as and for a. full and perfect entry for any goods provisiloildly landed by bill of' sight or deposited in the bonded warelloose as aforesaid, if such entry sliall not be made in manner herein required fbr thc duc landing of the goods, the same shall be cleemed to be goods landed without entry and shnll be forfeited.

D11plicate80fent.r~ 49. IJpon the entry of any goods the iruporter or his agent, as

the case may be, shall deliver two or more d~nplicntes of the bill of

entry thereof, as the case may require, in wl~ich duplicnt,es all sums nucl numbers may be expressed in figurcs, m d the 11~mber of duplicates shall be such as the Collector may require.

Penalties. 50. Every importer, agcnt, or other person enttring nuy goods, who shall wilfully fail to comply with the foregoil~g regulations, so

fa L-

26" & 27" VICTORIB, No. 12.

Ctcstoms Consolidation Act.-1863.

IV.

far as they are respectively applicable to the g o ~ d s so entered by

him, shall forfeit and pay a sum not exceeding Twx ty Pounds.

5 1. No entry or warrant for the landing of any goods shall be Description to be cow- ptcte.

deemed valid unless the goods shall have been propehy described in snch entry by the denominations and with the charac'ers and cir- cu~nstances according to which such goods are charged with duty, or may be imported either to be used in the said Provinqe or to be marchoused for exportation only: Providcd that this c luse shall not affect the provisions of the clauses relating to sight en:ries.

pursuance of any entry, and any goods or other things shall be found forfeited. 52. If any package or parcel shall have been landed by or in Goods concealed to be

in such package or parcel concealed in any way, or packed to deceive the officers, such package or parcel and the contents thereof shall be forfeited, a id if any goods be taken or delivered out of any

slip or out of any warehouse, not having been duly entered, the

same shall be forfeited: Provided always, that no entry slzall be rccpiretl in reqect of the baggage of passengers which rnsy be exnminecl, landed, and delivered, under such regulatious as the Collector may direct, but if any prohibited or uncustoine 1 goods sl~all be found concealed therein, either before or after landing, the same sllall be forfeited, together with the otller contents of tlie package contaiuing the same.

53. Thc proper officer may permit any surplus stores, not be in^ S~lrplus stores rdw

a be entered as uor-

merchandize, nor by him deemed excessive, to be entered for p r h t e chan&ze.

use under a i d subj;ct to the same duties, rules, and regda60ns as

the like sort of goods would be subject to on importation as mer-

chandize, or permt the master, onnkr, or purser, or otller officer of

any ship, or any pamengzr of such ship to wllonl any surplus stores

belong7 to enter and warehouse such surplus stores for future use

as ship's stores, altl~ougrl~ the same cannot be legally imported by

way of merchandize.

54. If at any port, where persous actinq as agents for transacting Unwthodzcd qent..

any business relating to the clcnrance *f m y ship, or goods, or

baggage shall be required to be licensed, any person llot so licensed,

or not being the duly appointed clerk to any person so licensed, shall act as such agent or clerk, or if any person, whether so licensed or appointed or not, s l ~ d make or cause to be made entry of m y goods without being duly authorizecl for that purpose by tlie proprietor or consignee of such goods, every such person shall for every such offencb forfeit a sun1 not exceeding One FIundred

P o l d s, nor less than Ten Po~ulds; but 110 such penalty slinll

extend to any merchant, importer, or consignee of any goods or ships actiug 'himself in respect thcrcof, or any clerk or servant erclusively employed bv him or by any socli pemoos in co-part- nership.

65. Whenever any person s l d inake application to any oficer Authority m,?

Of demanded,

2 N

260 & 27" VICTORIA?,, No. 22.

- --

Customs Consotidatinn A c t. 1 8 6 3.

--

Iv* of the Customs to transact any business on behalf of any otlier person, such oEcer may require of the person so applying to produce a written authority from the person on whose behalf such application &all be made, and ill default of the production of such authority refuse to transact such business.

Samples.

56. The officer of Customs may, on tlic entry of any goods or at

any time afterwards, take samples of such goods for examination, or

for ascertaining the duties payable on such goods, or for such other purpose as the Collector may dccm ncccssary, and such samples shall be disposed of aud accounted for in such mamer as the Collector may dircct.

Goods tobcnnahipped,

&C., at the expense of 57. The. unshipping, carrying, and larding of all goods, and

im~crter.

tbe carriage and renloval of the same to the proper place after lauding for examination or for weighing, ancl the putting iuto and taking out of tile scales after weighing, and the opening and closing of the same, and the carriage thereof to the wareliousc, shall be pcrfornicd by or at the expense and risk of the importer; and the importer or berson eiiteriog any tiiubcr or wood to he cliarged with duty by ~ncasurement, shall, at Ilk expense, pile, sort, frame, or otherwise place the same in such manner as the Collector may deem necessary to cnable the officers to nleasure and to take the account thereof; and in all cases where the same is measured ill h d k the iueasurenient sliall be taken to the full extent of the pile, and no allownnce shall be n~ade by the officer on account of any interstices, but battens, boards, deals, and planks exceeding iwenty-one feet in leigtli may be rneasured by the Gece, slid the account thereof taken separately.

Persons rvmo ving

goods, &a., previrus 58. If any goods which shall be hereafter brought within the

to examination t a	limits of the said k'rovincc	or imported shall be removed from any
forfeit treblc value or

sioo.

ship, wharf, or other place previ6us to examination thereof by thk

in writing from such officer, or officers, and for such purpose as shall proper officers of Customs: except by an order of or with an authority be therein expressed mid in due conformity thcrcwith, every person who shall assist, or be in anywise cmcerned in such removal, or who slmll knowingly harbor, kkep, or conceal, or knowingly permit or suEer to be harhored, kept, or concealed any such goods, or to whose liands or possession any such goods shall knowingly come, shall fbrfeit eitlicr the treble value thereof or the penalty of One Hundred Pounds, at the elcction oi the Collector or 0 t h principal officer of Customs, alld the goods so rcmoved shall be forfeited.

he ent('rd

within twentl -fom BD. The iniportcr of any goods sliall, in tlie ease of coasting steanwrs and intercolonial vessels, within twenty-fbw hours, and

or ~ a p. vessels having on b o i d goods liable to duty, and in tllo case ot

in tlie case of all other vcssels within three days after the arrival of tlie importing ship shall have been reported at the Custom

House, exclusive of Sundays and holidays, make perfect entry of such goods, and in defmlt of s~tch entry it shall be lawful for the

master

26" & 27" VICTORIE, No. 12.

Customs , Consolidation Act.-1 863.

-

master or agent of the vessel to enter such goods and convey them	DIVISION
to n bonded warehouse, and if the duties due upon such goods be not paid within three calendar months in respect to goods of a perishable nature, and six calendar inonths in respect to other
C goods, after such twenty-four hours and three days respertively
shall have expired, or withill such longer period as the Collector shall in any case permit, together with all charges of removal and warehouse rent, the smlc shall be sold and the proceeds thereof shall be applied first to the payment of duties, next of freight atid charges, nr~d the overplus (if ally) s l d l be paid to the proprietor of

the goods or other person duly a~~thorized $0 rcceive the same:

Provided, that in the case of goods subject to the performance of provi80.

quarantine, the date on which the mule shall be released from

quarantine ~1-1~11, for the purposes of this c l~usc, bc taken to Ix the

date of the arrival of the ship.

60. If the goods in any entry be charged to pay duty according ~ d r a l o r ~ a goods.

to the number, measure, or weight, such nu~ubers, nleasurcl, nnd

weight s l d l he stated in the entry; and-if the goods in s ~ ~ c l i entry bc charged to pay duty according to the vnlue theiwf, such value shall be ascertained by the produrtiou of the invoice of the goods referred to in such entry, and by the declaratioti of the importer of sucli articles, or his known agent, iu manner and fcrm following: that is to say-

" I, A. B., do hereby declare that the iiwoice now produced, is n

C	qenuiile invcrice, and that thc value or values of the articles
tlicrein contained wa!, a t the time of shipment, tlie current valne of the same ilrtlcles a t the same place from which thc sanle were imported. Witness my hand, this day
of one thousand eight hundred aid A. B.
The above declaration, signed the day of in tlic
presence of C. D, Collector, or other principal officer.''

Which declaration shall be written or printed 011 the bill of entry of	such articles,. and shall bc subscribed with the l i d of the importer
thereof, or 111s lcucwn agent, ill the presence of the Collector, or other principal officer of Customs, at the port of importation; and such invoice price, with the addition of Ten Poui~cls per centuui thereon, shall be deemed to be t'he valuc of the articles upon which the duties doe thereon shall be charged and paid: Provided also, that if i t shall appcar to the CoIleetor, or other proper officer, that such articles lmve h e n fo~uld illvoiced below the lea1 and true vnlue there04 a t k11e place Gorn wlrence the same were imported, the articles ]nay in sucli case Lc esaiuined by two competeilt pcr- sons, to be noinil~ateli and npl~ointed by the Governor, arid such persoas shall declare on oath, if required, before the Collector, or other proper officer, wllat is the true and real value of such articles a t the post of importation i11 the said Province, and t l ~ e value so declared shall. be deemed to be the trrze and real value of s~rch
articles, and upon which the duties due tllereo~i shall be clmged and paid; or if the invoice price be not known, then two competelrt

valuers

26" & 27" VICTORIZ, No. 12. -

Customs Co~zsolidntio?t Act.- 1863.

D m ~ s r * ~ IT- valuers s l d l be called io to declare the value of tlie said goods at the port from which they were imported, nod duty sliall be paid accordingly.

If importer raLlaes

pay anch dacizs, goods	G 1. If the importer of eucli goods shall refuse to pay the duties imposed thereon after such examination, a d also the costs of such exanhation, in the erelit of the valuation beiilg greater tlwn declared on the bill of entry, it shall and may be lawful for
to be sold.

W	the Collector, or other proper officer of tlie Customs, and he is hereby reqnired to take and sccnre the same, with the packages thereof, and to cause *c; same to be publicly sold, within the space of' twel)ty days at tlie most after such refusal made, and at such tiiue and phce as such officer sliall, by four or more days' public notice, appoint for that purpose, wl~icll articles shnll be sold to tlie best biddw, and the money arising froal the sale tlicreoi shall be applied in the first place in pyment to tlre importer of the nn~ouiit
i11 respect of which he was ~villing to pay cluty upon sucli goods, and
in the next pl:we, ill pnyn~clnt of the said duties, together with the
cl~ai:$.es tlmt ~ 1 1 ~ 1 1 h v e been occasioned by the said snlc ancl exnnlin;~tion, :mcl the overplus, if any, shall be paid, one iiloicty to the officer of Customs who Inay have detained the sitme gdods, ancl the other to the ~ollcctor., aud carried to account as duties of Customs,

Detention of goods	62. If, notwit1~standin~-	? what is hcrcinhefore provided, upon the
for under valuc.

examination of ally gooas entered for duty which are chargeable with duty upon the value tlwreof, i t s l d nppcnr to the oficer of C t ~ t o ~ n s that such goods are not valued according to tlie tme

Stniee ofnoticein valilt. tliereo( or that ~ l w y w e properly cllargeable with a higher

case of.	rate or n~nouat of duty than that to which they would be subject according to the value thereof as described in the entry, a i d after such goods shall have been exm~ined by two competent persons, to be nominated atid appointed by tlie Governor, and declared
bp them on oatll, if required, to be invoiced below the real and true d u e thcreof, i t sllnll be 1,zwfd for such officers to detain the same; in 1-vhic11 case they sl~all fortlitvith give noticc, in
writing, to the person entering the smile, irf the detention of such goods, either by delivering sucli notice personally or by trans- mitting the same by post to such person, addressed to him, at his

r. of sale OE place of abode, as stated in liis entry; and the Collector shall,

to be applied. goods, howprocceds witliin sewn days after the detentiou of such goods, detcrinine

citlzei* to dcliver such goods on the entry of such person, or to retain the snnie for the use of tlie C1.owt1, iu wliich latter case, they sllnll cause the valne at mhicli the goods were so cntercd, togetlicr with an addition of fiftpcil per cent., and the duties already paid on stlcll entry, to be paid to the person entering the same in full s:~tisfaction for such goods, or may permit suc?~. person, 011 his ap- plicatioii fur that purpose, to alllend such cntry, at sucli value, and on such terms as t l~ey may direct; and, if the Collector shnll retain snch goods, be sliall and may dispose of then1 for the benefit of the Crown, :m1 if the proceeds arising therefroin iu ease of sale shall

exceed

26" & 27" VICTORIX, No, 12.

Customs Consolidation Act.-1863.

D1vlsrO~ IV.

exceed the sums so paid, and all charges incurred by the Crown,	-P
one moiety of such sllrplus sliall bc paid to the Ufficer of Customs who may have detained the same goods, and the other to tlic Col- lector, and carried to account as duties of Customs.

63. If any goods which are liable to tlie payment of duty slid1 ~ o o d s damagedon

receive damage during the voyage, from natural decay, or any other voyage.

reasonable cause, an abatement of such duties shall bc allowed in

proportion to the damage so received, provided claim to such abate-

ment of duties be made at the time of the first examination of sucli

goods and before removal from the quay.

with reference to such dan!age, and may state the proportion of damage. 64. Thc officers of Customs slia11 thereupon examine such goods Officers to examine

darnage which, in their opinion, such goods have so received, and nmy make n proportionate abatelrierit of dnties; but if the officers of Customs be incompetent to estimate such damage, or if the importer

be not satisfied with the abatement ivade by tlicrn, the Collector or

other prilicipnl officer shall choose two indifferent merchants, expe- rienccd in the nature and value of such goods, who shzll examine the same, and shall make and subscribe R declaration, stating in what proportion, according to their judgment, such goods are lessened i11 their value by reason of such damage, and thcreupo~i the officers of Customs may make an abatement of the duties according to the pro- portion of damage s.1 declared by such n~erchaiits, and the Collector

may mnlte rules and for the granting of abatcnient of'

d~zty, subject to the sanctioil of the Treasurer,

65. I t shall be lawf~d for the Collector to ndcc repayment of R c ~ ~ - c n b.

duties on goods which have been entered to be landed, but which shall not have been landed, and on wbicli duty has been paid, when cause shall bc shown to the szttisfhction of the Collector: Provided that thc Collector shall be mlpowered to retain the duty so paid if not been Iaiided. sufficient proof be not shown as to the cause why such goeds have

Executive Council to make rules and regulations for the landing of public purposes. 66. It shall be lawful for the Governor with the advice of the Landing of goods for

dutiable goods for public or charitable purposes without payment of duty, and the officers of Costoins arc hereby authorized to deliver such goods 011 the warrant of tllc Treasurer, subject to tlie rules and regulatlolis to be provided.

The Fifth Division, relating to the appointnent of bonded and baggage warehouses, and the regulations to be observed in the management of bonded and baggage warehouses.

67. I t sliall be lawful for the Collector, by notice in writiig Collector M appoint

uldcr his band, to appoint bonded warehouses aud bng~age ware- good#, warehouse for bondmg

houses respectively as ire may consider of a .proper;slze and de- -..

2 0 scription,

26" & 27; VICTORIB, No. 12.

scription, subject to such regulations as to the positiou of such warel~ouses and with respect to the opening and closing thereof as the Collector, with the consent of the Governor with tlic advice of the Executivc Cmmcil, may appoint, for the frcc uareliousing and sccnling of goods therein for the purposes of this Act, and also, subject to auch approval by like notice, to revoke such nppointnieut: provided that every soch notice shall be published in tlln Govern n2en.t Gazette.

Ocncrd bond may LE!

given, &c.	68. The proprietor or occupier of any warehouse approved for tlie warehousing of goods without payment of duty shall, before m y goods are received for warellousing therein, g i ~ e to the Collector
a bond with two sufficient sureties for the duc payment of duties
due up011 all such goods as may Isc depositled therein, in such sum as tllie said Collector may require, arid snbject to such regula- tions as may be al)provcd by thc Governor, and, in wcli case, hond &a11 not be r~qun.ed from the importer, nor sb:rll bond be required from the inlporter in respect of goods wttrcliouscd in \~G&ouses tLo prope&y of the CCow-n m&r the managcrncirt of officers of Custonls.
Guuds 1i:hlc t o duty
may bc warclluuscd.	69. I t shall be lawfhl for tlle inq~orter of m y goods liable to duty to warehouse the same ir! the ~ ~ ~ r e b o n s w so appointed without
payu~el~ t of any dnty on the first cntry thereof, subject, nevertlie-
less, to tlic rules, regulntion,~, restrictions, and coilditions l~ereiu contained, or such as may be inacle hereafter mdor tlie provisioi~s ot this Act: Provided that 110 such goods sliall be Inndcd on any
d:ty later t l~xa one o'clock post meridion on ordinary clays, and dcvc11 o'clock ante meridion on Sn turdays, or in g u t e r quantity than car1 be duly examined and forwartlcil to the wascl~ouse to be secured therein within the appointed hours of' busiuess.

Slowngc 'of gocds in 70. All goods so wa~choused sliall be stowed ia svch parts or

sawhouse.	divisions of the warehouse as the Collecto~
the Custonls inay direct, and so its to ndniit of easy access to every or otlier proper oficer of
paclinc, and if &e occupier of the warelmuse ~ l d l omit so to stow
the s tim: he shtt!!, for every such omissii>n, forfeit the sum of Five Pounds; and every wch wa we house shall be locked and secured in such manner, and openetl and visited at sncli times, slid iu the ~~rcscnce of such oficers, nud under soeh regulations, as the Collector or other proper officer shall direct, a i d if any gooclk s l ~ l l
be taken out of any warcl~onse mitliout due cntry of the mme vith t l ~ o proper officer df cos tom^, the ocenpicr of the warclionsc shnll l x liable to the paynient of the duties due thereon, the amount ot' which dntics may be recovered by action of debt in any Court of tlie said Proviace a t the suit of the Collector or other proper ofiicer of Customs.
to prorluce goods, or
P	7 1. The occupier of any warehonse in w l k h goods are, under ~eques t being nmde by the Collector or other proper officer of
par the peni,fi-,a.	the provision of t11is Act, permitted to be deposited dlwll, upon

" Customs,

2G0 & 27" VICTORIX, No. 12.

Customs, immediately produce to sucli Collector or officer any goods	D ~ v l f i r o ~	v*
deposited therein or received into his custody, for the delivery of which t l ~ a said occnpier has not 'cceived a n order duly signed by tlrc proper warehouse officer, a i d upou every fiilure thereof sucli occupier shall forfeit any suiii not csccediug One EImdrcd Pol~nds
nor less tl lm Five Youucls over ard above the duties to mlrich every padli:ge of soods iiot so produced inay be liable.

TF e Sixtall Division, relating to tlw bo~ldiiig and clenrnnce of goods

for honie consumption and exportation, thc deficieiicy or loss on bonded goods, the dest~nctioa of gooda iiot worth tlre duty, the supply of stores to ships, the sde of goods in bonded wareliouscs, tlie practice -to be observed in tile reguagiiig or reweigliing of goods.

74. If my goods which lmvc been entered to be warehoused ~ ~ $ $ 1: ~ ~ ~ -

shall not be cldy carried arid deposited i ~ r the wa.rbcllouse, or sbd l forfcitcd.

afterwards be bkeu out of thc? warihouso witilout due entry and clearance, or l w i i q been entered i111~1 cleawd for exportation from tlie warehouse sllafl not be duly carried and sliipptd, or sllall nfter- m r d s be relnnded, cxcept with the peri~iission of the proper ofiiccr of Customs, such goods s h l l be forfi?i.tccl; aud airy person oi8 per- sons who shall assist or in any way be concerned in the removal of any such p o d s contiqary to "the t n ~ c intent and nicniiiug of this

Act shall forfeit One Hundred Pounds.

r

1 3. All nppointmmts of mnrchouses for wnrelionsinc~ of goods B?nJs given pro-

E> v~ouslv to continue ia

made under the anthority of any law of the Customs in force a t the force,

time of tlic comnmnce~iient licrhof, and all bonds given in i ~ s p e c t of

any goods wnrchoused, or entered to be warehoused ~uider any lam of the Customs in force a t the time of the commenceineut heieof, shall continue in force, for the purposes of this Act, and such last- ii~cutionctl wnrclionses slinll be subject to the regulntions r i d e under

the powersliereinbefore co~itaiacd.

74. In case of any embezzlement, waste, spoil, or destruction of Embozzlemcnt, & c, of goods wnre'ioustd

m y goods, warehoused under the authority of this Act, by or tl~rough mroUgs rilfill mis- a n y illisconduct of tlriy officer of Custvrns, sucll officer shall be conduct of officers. deemed gllilty of a inisdemeniior, and shall, upon conviction, suffer

such pu~ i~s Imen t as may b ~, inflicted by law in cases of rnisde- meanor, aud if such officer &a11 he prcsecuted to conviction by the importer, coosiwee; or proprietor of aocli goods, no duty shall bc P payable far or in rcspcct of such goods, and no forfeiture Ilor seizure d r d l take place of any goods so warehoused in rcspcct of m y dc- fieieiicy caused by sub11 cn~bczzlzlemcnt, waste, spoil or destructioil of such qoods; and the daiungcs occasioned by such waste, spoil, or destructron of' such ~ o o d s s l ~ n l l he repaid and made good to such importer, consignee, or proprietor, mdc r such regulations aml directious as shall be for tlint vturpose imdc a i d given by the -

C; overnor.

26" & 27" VICTORIA$ No. 12,

Customs Consolidation A c t. 1 8 6 3.

75. If m y goods warehoused shall be irregularly or fraudulently

Goods fraudulently	concealed in or removed from the wnreliouse the snnie shnil be for-
concaalod or removed	feited, and if the importer or proprietor of any goods warel~oused,
forfeited.	or any person ill his employ, shall by any contrivance clandestinely or fraudulently open the warehouse to gain access to the goods,
Penalty on opening	such importer or proprietor shall forfeit and pa4y for every such
the warehouse with-	offence not less than One Hundred Poulids nor exceeding Five
out the officcr, 6500.	Hundred Pounds.
be taken 011 landing,
Account of goode to	76. Upon the entry and landing of m y goods to bc warchouscd, the proper officer of Crlstoins shall takc a. particular account of the same, and shsll enter the same in a book to be kept for that pur- pose; and no goods which have bccn so warchouscd shall be takcn or delivered from the warehouse, exccpt upon due ent>ry a11d under the care of the proper officer for exportation or removal coastwise,
or upon due entry and paymeilt of the duty for home use.

G ~ d s may bo re- 77. I t sllall be lawful for the Collector, under such regulations

stored and repacked.	as shall be approved by the 'I'reasurer, to permit the proprietor or other persoil having the control over ally gvods so ware- housed, to sort, separate, pack, and rcpacli any such goods, ailcl to make such lawful alteretions therein or arrangements mid assort- lrieuts thereof as may be necessary for the preservation of such goods or in order to the sale, shiplent, or legal disposal of the sau:e, and also to perillit any parts of such goods so separated to be clestroyccl, without paynlent of any duty tliereon, and to d raw off' any spirits into casks, containing not less tlmu twenty-fire gallons, and to separate and repack not less tl~nn one hundred pounds of tobacco, to be disposed of for liomc: consumption; and to draw off any S irita into casks, contniuiing not less than fivc g:~llons, and to
repac E any quantity not less than tv-enty po~uids of tobacco, for the purpose only of being disposed of as ship stores, and also, in the
warehouse, to fill up any casks of wine or spirits from any other
in the wawhonse, to draw off and mix with any wine ally braiidy casks of the snmc re$pcctively secured in the same warehouse, and,
secured in the same warehouse, upon whicll Brailcly the duties shall have been duly paid; ancl also, in the wnrehouse, to take such nioderate samples of goods, as luily be allowed by the Collector or other proper officer of Customs, without entry and without payment of duty, except as the same may cvcntually become payable
as 011 a deficiency of the origitd quantity: Provided always, that
it shall be lawful for any person to aballdon any wholc packages to the officers of the Customs for the duties without being liable to auy duty upon the same.

Spirit may be deli-	78. And it shall be lawful for tlic C~llector,	under such regula-
vered

ing wine. f ~ e for fOnify- tions as shall be aplwoved by thc ~ r e a k r e r, t b allow ally qu&titY

not less than five gallons of spirit to be delivered duty fke from any bonded warehouse for the pl~rpose of fbrtifying wine the produce of the said Province, in thc proportion of oue gallon of spirit to ten gallons of wine: Provided that uo spirit sball bc clelivercd for

srich

2 6 9 27" VICTORIB, No. 12.

Customs Conso Eidation Act.-1 86 3,

such purpose unless thc wine to be fortified be or shall be, when	D x y ~ $ m v ~
so fbrtified, under the strength indicated by proof strength of thirty- f i ~ e depees; and where spirit shall be delivered for the purpose of' fortifying snch wine, the quslntitv slid1 not exceed in each case more than sufficieiit to bring the wihe to thirty-five degrees of proof strength.

ToluPdco for sheep-

79. At such time and place and u ~ ~ d c r such regulations, conditions, wash.

and restrictions as the Collector shall, from time to time, require and direct, it shnll be lawful for tlle importer or proprietor of any tobacco to soak the satrle on tlic landing thereof from the importing ship, or on the delivery thereof from the warehouse, in turpentine, oil of tar, or other fluid, in the presence of some oficer of Customs; so that the same shall and may, to the satisfaction of the proper officer, bc effectually rendered unfit and useless for human con- s~mption, and for every other pnrpose, except that of sheep-dressing;

and such tobacco shnll bo admitted as bLTobacco for Sheepwash."

SO. All goods entered on Collector's order, or to be removed from

any baggage warehouse, dial1 be entered or removed. under such

rcgulations, as irray be approved by tile Treasurer.

Baggage warehouse.

81. All goods deposited i11 any bqgage warehouse, and not duly cleared tlm-efrom within three calediinr ii~olltl~s,

from a baggage ware-

Goods not relnoved

maj, if the same house may be sold.

carmot be sold for a sum suf3icient to pay the duties and charges tliereo~i, if offered for sale for home con~umption-or the charges thcrepn, if offered for salc for exportation, be destroyed by the direction of the Collector.

82. Any goods warehoused at any port in the said Province niay be rctnoved by sea or by inland carriage to any other port in which	Gools may be removad
from one warehouse
to mother,
the like kind of goods may be warehoused on importation to be re- warehoused s t such other port, and again as often as may be
the pernlissioii of the proper officers from any warehouse'in any	required at any other such port to be there rewarehoused, or with
port to any other warehouse in the same port under such regula- tions, and with such security as the Collector may direct, on the delivery to the proper officer, by the person requiring sucll removal, of a request note stating the particulars of the goods required to be renioved, the name of the port or of tllc warehouse, if in the same port to which the same are intended to be removed, and with such other information, and in such manner and form as the Collector
or the proper officer may direct or require"
83. On the delivery of any goods for removal, an account contaio- ing the particulars thereof &all be transmitted by the proper officers	removed to be trans-
An account of goods
mitted and bond to be
of the port of removal to the proper officers of the port or place of	@Yen.
destination, and t11e person requiring tile removal thereof shall enter into bond with one or more sufficient s~zrety or sureties in a sum equal at least to the duty chargeable on such goods for the due arrival and renarehousiug thereof at the port or place of desti-

2 P nation

26" & 2'7' VICTORIB, No. 12.

Customs Colzsolidation Act-1 863.

-

nation within such time, to be named in the bond, as the Collector may direct; such bond to be taken by the Collector eitlw of the

ort or place of removal, or the port or place of destination as shall {est suit the residence or couvenience of the parties iuterested in such removal; and, if such bond s l d l have been given at the in- teuded port or place of destination, a certificate thereof, under the hnud of the Collector of such port, shall, at the time of the enterinq

of such goods, be produced to the Collector of the port of rernovaf;

and such bond shall not be discharpd unless such goods hall have been produced to the proper officer, and duly rewarehoused at the port of destination within the time allowed for such removal, or shall have been otherwise accounted :for to the satisfaetion of

the Collector, nor until the full duties due upon any deficiency of

such goods not so, accounted for s1ial.I have been paid, but any remover may enter into general bond with such sureties in such amount, and under such conditions as the Collector may approve for the removal, from time to time, of any goods fiom one ware- house to another, and for the due arrival and rewarellousing of tlic same at the place of destination within such time or times as the Collector may direct.

&mds removed to be 84.

Cpon the arrival of such goods at the port or place of destina- far as the same are or can be made applicable as are required on the entry and warehousing of goods on the first importfttiou thereof.

subject to same regu-

lations W on importa-	tion the same shall be entered a d wareliousecl in the same manner
tion.	and under and subject to the same laws, rules, and regi&tions, so

Goods removed may	85.	If upon a r r i ~ a l	of goods so removed as aforesaid at the port
bo exported, or duty

paid oa removal. of destination, the importer or proprietor shall be desirous forthwijh to export the same, or to pay duty tliereon for home use, without actually lodging the same in the warehouse for which they have been entered and examined to be rewarehoused. the officers of

within the h i t s of any port, shall be deemed h bc sufficient,

witshout proof of such fact or fi~cts, unlcss the defendant in any s ~ ~ c l l

case shall prove tc tlie contrary.

Proof that a party is 240. If u p o ~ any trial a question shall arise whetller any persou

anofficer, and evidence

of ordcr.	is a11 officer of' the Army, Navy, or marines, on full pay, or 211 officer of Customs, his own evidence thereof, or other evidence of his having a'ctad as such, shall be dec~ued sufficient, and sucll persorl shall not be required to produco his comrnissiou or deputation, unless sufficient proof shall bc given to the contrmy; and upon the trial oT m y issue. or upon my judicial henring br investigatioo, touehillg any seizure, penalty, or forfeiture, or other proceeding ul~dcr auy lam relat in~ to thc Customs or incident thereto, where it m;ty Lc ilecessary to give p~oof of ally order issued by tlic Goverilor, with tllc advice of tllc Esecutivc Council, or bv the Collcctar, the
been officially received by any oficcr of Cnstoms for his gaidwcc, 9 order, or any letter or instructions referrin(7 thereto which s l d l have
m d under d i c h he shail llnve acted as such ofticer, shall be ad-
mitted and taken as sufficient evidence and proof of' such order.

As to the entry of appearances and claims by the owners of

vessels or goods seized by officers of tlie Custoii~s :

Claim to be in name

of IrontiJdc oFners.	241. No claim nor nppearauce shall be permitted to be entered to any inf~ri-mtion filed for tlic forfeiture of any ship or goods seized for any cause of forfeiture m d returned into any Court, unless such claim or appearai~ce be made by or in the true and real ~ n m c or names of tlie owim or proprietor of such ship or goods, describing the place of' residence and the business or profession of sucll owner or proprietor, and oath shall be made by such person before 3r Justice or L ~oAnlissioner for tdciug affidavits in the said Court, that the said ship or goods was or were his property at the time of seizure, or else oath ~1x111 be made by the nttotney by wllorrl such claim or &~~earance shall be entmed that he has full notllority from such ovner to enter the same, and that to the best of his linomledge and hlief such ship or goods were at the time of the seizure thereof the bond j d e property of the person in whose nanrc
such claim or nppcamnce is entcFed, :m1 on fhilorc of nlnliil~g mc11
VrriR d by oath of

~ i c r d ~ i p.

proof of ownership, the ship or gooc's slidl be condemned and judg-

ment

26" & 27' VICTORIB, No. 12,

Customs Consotidation Act.-1863.

nwi t s l d l be entered tllereon by default according to the u s ~ ~ x l

practice of the Court as if 110 cleiirl or appearance bad been made.

232. T171ien any such ship cr goods sbdl a t the time of tlle scizurc tllereof be tlle bond $de property of any nuniber of pro-	If more than five
owners two may mako
the oath.
prietors exccedilig five, it shil not be necessary for more than two of such proprietors to cnter such claim or appearance on the part of tlicinselves and tlieir CO-proprietors, or to make such oath xs xforcsaid.
243. When any such ship or goods &all at tlle timc of the seizure thcreof be thc property of m y body corporate cn. joint stock corn-	If goods of R com-
pany or pnrtnm, oath
may be made by

parry, or of persons in any CO-partnership actually carrying on trade agent.

in m y part of' ttlx said Provincc such claim nud appearance may be

entered, m d oath made by the Mann,rrcr, Secretary, or other officer

of such body corporate or joint s t o c l ~ ~ c o n ~ ~ n n y, or by m y agent f ~ r,

or by any one of the partuers in snch CO-pnrtnersliip; and every

person who shall bc convicted of taking a f a h oath as to any or either of the facts hereinbehe required to be sworn to, shall be deemed guilty of perjury, ancl liable to tliepxins and penalties tlmeof.

244. I n case nnv information or suit shall bc tried for any cause	Judge may ccrtify
In suita on seizure,

of forfeitwe, and vcniict slrall be fomd for the claimant, and it probable cause in bar

shd l appear to the Judge before who111 sw11 trial was had that tlrcre	of future proceedings.
was a probable cnuse of seizurc, such .Judge shall certify on the back of tlic that there was such probable cause, and slicll

certificntc hl~nll be a lmr, and luny bc pleaded ilci such to any nctioir,

i~tdictment, it~for~niltiolt, or other proceeding ng&st the party

lllaliirig st1c11 seizure, a ~ i d in case any action, i~itl~ctmeut, information, or otller proceeding shall be hroo@it to trial a p i n s t any person whntsocver on R C C D L I ~ I ~ of any se1~1re (whcther ~ n y information shall h a w been or shall bc brought to trial fby thc condeii~nation of tlic same or not), and a verdict shnll bc given for the pIaintiff, if the Court or Judge Bef'orc .cvhom such action, indictalent, information, or other proceediug s 1 d be tried shall certify on the back of the

record or otlier proceedings that there was probable cause f.>r such

seizure. t lmi the plaintiff slit11 not be entitled to more than twopence

damages, nor to 'aily costs, nor shall the defendaot in nny'snch

prosecution be fitled more than one sliilling, ancl the production of

such certificate, or a copy thereof verified by t'he signature of tlic

officer of t l ~ n Court having thereof, sliall be sufficient

evidence of s~zch certificate.

As to actious aPinst officers of Custonls:

245, NO action &all be comnlenced against any oficcr of the Notice of action.

Army, Navy, or lnariiies on full pay, or of the Customs, or a p i n s t any person acting under the direction of the Collector for any- thing done in tLe esccutiou of or by mason of his office, until ten clays next after notice it1 writinq s l d l have been delivered to him or left at his osod plwe of n b d e by tlrc plaintiff, his attorney, or agcnt, iu wliieh tkoliae a l d l be c]e;irly tjtatcd the cause of :letion

nucl

26" & 27O VICTORIX, No, 12.

Customs Consolidatiota A c t 1 863.

and the Court in which the same is iutended to be brought, the name and place of abode of the plaintiff; and the name and place of business of' such attorney or agent, and if any action shall be com- menced against any such ofticer or person, and no such notice shall

have been given, such officer or person may call upon the plaintiff

to establish to the satisfaction of the Court or a Judge on affidavit, that sucli actioil is brought for some act, matter, or thing, not done in the execution of or by reason of his office, and if tlie plaintiff sl~all fail so to satisfy the Court or Judge, such action shall be

stayed: Provided ~~lways, that if thc plamtiff s l d l so satisfy the

Court OF Judge he shall not be allowed on t l ~ c trial of snch actiou to give evidence of ally cause of action other than such as shall have been disclosed in such affida,vit,

Evidence limited to	246. Upon the trial of any action brougllt in pursuance of such ~wtiee, the plainiliff shall not be entitled to a verdict witl~out proving on the trial that such notice had been'duly served, and iu default of snch proof the defendant in such action .hall receive a verdict, uor shall any such plaiutiff be at liberty to produre any evidence of any cause of action except such as has been clistitictly stated in such notice.
suhjcct in notice.
TenGer of amends,	247. It shall bc lawful for any oficer or person to whom such notice shall be given, at ally time within tcn days after service of such rlotice as aforesaid, t,o tender anlends to the pl:tintiE, his. attorney, or agent, and ill case such amends be not accepted to plcad such tender in har of t l ~ e action, togetlier with the plea of " Not Guilty," and other pleas witli leave of tllc Court wllere such leave is or shall be by law required or necessary, and if upoil the trial of such action the Jury shall find the an~ends so tendered sufficient8,
they shall give n verdict for the dekndxnt.

Limitations cT actions 248. Every such action against any such officer or persou as

and general issue.	aforesaid sbdl be commenced wit,Iriu two calendar mouths after tlie
respect of any seizure made by sucli officer or person, such cause of cause of action shall have arisen, and if such action be brought iu
action s P d not be deemed to ha ve arisen until the day after the trial of the inforirmtion witli respcct to such seizure, and the venue in such action sllall be local, a td tllc clefkndant may plead the general issnc, and give the special matter in evidence in the trial thereof.

8

Plaints in Local	219. I n the event of any party so complaining as aforesaid re- sorting for redress to the Local Court, the proceedings and conduct of the suit shall be regulated as nearly as the circurnstanccs of the
Court.
case shall allow, in coGformity with the provisions of the Acts m d
orders which govern the procedure and practice of such Court: Provided always that no such action sliall be brought in any Local Court if before being served with a summons in any such action the pewou on whom such notice allall have been served, or his nttoruey or asent, shall give a written notice to the part-y so eom- plaining 3s aforesaid, that 110 objects to being socd in such Local Court

26" & 27" VICTORIB, No. 12. 187

Customs Consolidation Act.-1863. .

Court for such cause of action, and if any such action shall be so	DLVIS~ON	X ~ T.
brought in such Local Court aftor. such notice, all proceedings in such action shall be stayed.

250. The Attorney-Gencral or Crown Solicitor, or my clerk duly crown Solicitor *a officers of Customs

appointed to act on behalf or under the directions of the said	conduotcuioa.
Attornev-General or Crowrl Solicitor, arid tlle Collector, or any officer 2 Customs under the order and dircction of thc ~olleetoi, may prosecute, defend, or conduct any proceeding before any Jus- tice, in any case or matter relathg to the Customs to be heard or determilled by such Justice.

251. All penalties and forfeitures inflicted nnd incurred under P!ndtiea under Be- g~stry Act may ba

any Act or Statute relating to the regstry of ships, shall and may , a , , f,, i, this CO-

be sued for, prosecuted, h&rd, determmed, and d.iuposed of in such 10n~.

manner as any penalties or forfeitures are hcrcin directed to be

heard, determined, and disposed of.

the Collector shall have powcr to make such by-laws, orders, rulcs, laws. 252. For the purpose of carrying out the provisions of this Act, Power to mnlto by-

and regulations, subject to the approval of the Govcs~~or, with the

advice of tl~c. Executive Council, as may bc necessary, provided such by-laws, orders, rulcs, mid regulations shall be published in

the Gouern~~zcttt Gazette befbre they s l d l come into fcirce.

253. All orders, rdes, and rcgulstions now i11 force relatiug to Existingregula~~onsto

the Customs, or to the duties, or officers thereof, madc under remain in

any Act or Acts relating to the Customs hereby repealed, shall

remain in force unt4iZ altered, rcvolred, or rescinded, or otlws madc in lieu tllereof, and all acts done ia pursuance of any such orders, rules, and regulations shall be valid.

254. This Act may be cited as " The Customs Consolidatiou Short titlc.

Act, 1863."

In the name and on behalf of the Queen I hereby assent to

this Act.

I). DALY, Governor.

FIRST

26" & 27" VICTORIB, No. 12.

Customs Consolidation Act.-1 863.

FIRST SCIIEDULE,

Form of Information before Justices of the Peace.

BE i t remembered that A. B. informs me, the undersigned, one of Her

to wit. ) Majesty's Justices of the Peaoe-

That C. D. did unahip ror was aiding or concerned in unshipping] certain goods, to wit [here mention the ioods generally] contrary to section or the Customs

Consolidation Act, 1863, whereby thc said C. D. has forfeited the sun1 of'

being treble the value cf the said goods [or the penalty of One Hundred Pounds,

as the case may be,J for. whicb the Collector has elected to sue.

COUNT 2.

That C. D., beirrg [or not being, a s th,e case may be,] a subject of Her Majesty, was on board a dlip or boat, part of the cargo of which was thrown ort.:rboard, or staved, or destroyed, to prevent seizure, contrary to section of the Customs Consolidation Act, 1863, whereby the said C. D. has become liable to be imprisollcd as is therein directed.

COUNT 3.

That C. D., being [or not being, as the case may be,] a subject of Her Xajesty,

was found or discovered to have been on board a ship or boat contrary to section

of the Custcms Consolidation Act, 1863, whereby the said C. D. has become

liable to be imprisoned as is therein directed.

COUNT 4.

That C. D. was on board a ship or boat within n port [bay, harbor, or river]

c,f the Colony, contrary to section of the Customs Consolidation Act, 1863,

whereby the said C" D, has forfeited the sum of One Hundred Pounds.

COUNT 5.

That CL L). did make and subscribe a false declaration [or docunlent] purporting to be [here state the nature of the documclrit gen~ral ly ], the same being false and

untrue, contrary to sectio~l of the Customs Consolidation Act, 1863, tvhereby the

said C. D has forfeited the sum of One I-Iundred Pound~i.

COUNT G.

T h o t C. D, did untruly answer u, certain qnestion put to him by

an officer of Customs, contrary to section of the Cuvtclus Consolidation Act,

1869, whereby the said C. D. has forfeited the sum of Orle Hundred Pounds.

That C. D. did counterfeit or falsify [or wilfully use when counterfeited, or falsified, a s the case may be,] a certain document, purporting to be [here state the nature of the document generally] contrary t o section of the Customs Consolidn- tion Acr, 1868, whereby the said C. D. has forfeited the sum of One Hundred Pounds.

COCNT 8.

That C. D, did fraudulently alter [or counterfeit, as the case may be,] the seal,

signature, initials, or mark of [or used by1 an officer of Customs, contrary to section

of the Customs Consolidation Act, 1863, whereby the said C. D. has forfeited

the sum of One Hundred Pounds.

COUHT 9.

That a certain vessel [or boat] called the whereof C. D. was

owner Car ma3ter, as the case map be,] was unlawfully used i n exporting, importing, shipping, unshipping, landing, removing, carrying, or conveying, certain uncus-

tomed or prohibited goody, to wit [here mention generally the goods], contrary to

section of the Customs Consolidation Act, 1863, whereby the said C. U. has

forfeited the sum of which the Collector has directed to be

sued for in this case. COUNT

260 & No VICTORIB, No. 12,

COUNT 10.

Thnt C. D. was driving or conducting a cart, waggon, or otller conveyance, and refnsed to stop, or to allow the examination thereof, when required in the Queen's name, contrary to s~c t ion of the Customs Consolidation Act, 1863, whoreby the said C. D. has forfeited the sum of One Hundred Pounds.

COUNT 1 1.

That C. D., an officer of police, having detained certain goods, to wit [here mention yenclally the goods], 011 suspiciori of' their being sto!en, ~~eglected to cotlvey the same to the proper warehouse [or neglected to give notice thereof to the Collector, us the case may Be,] contrary to section of' the Customs Consolidation Act, 1863, whereby the said C. D. has forfeited the sum uf Twenty pound^.

COUNT 12.

That C, D. obstructed a person duly employed for the prevention of smuggling, contrary to section of the Customs Consolidation Act, 1863, whereby the

snid C. D. has forfeited the surn of One Hundred Pounds.

COUNT 13.

Thnt C:. D. denied the possession of ce: tain foreign goods to [here mention

generally the goods], wliicl~ were afterwards found to be [or to have been, as the

ctrse niny be,] i n his possmion, contrary to section of the Customs C'unsolidn-

i ion Act, 1863, whereby the said C. I). has forfeited the sum of

bciilg treble the value of the said goods.

COUNT 14,

That C. 1). was coucerned in importing certain pr0Eibitt.d or restricted goods, to

wit [here mrntion general(y the goods], contrary to section of the Custorm

Consolidation Act, 1863, whereby the soid C. D. has forfeited the sum of

being treble the vnlue of the said goods TOE the penalty of One

Hundred Pounds, as the case may bc, ] for which thc Collector has elected to sue.

COUNT 15.

That C. U. was c3ncerned in unsliipping [shipping, harboring, or !wing

possession of] certain prohibited, restricted, or uncustomed gnodu, to wit [here

mc~rtion gencmlZy the goods], contrary to section of the Customs Conuolidn-

tion Act, 1863, whereby the snid C. I). has forfeited the sum of

being treble the value of said goods [or the penalty of One Hundred Pounds, as

the case may 6 c ], for which the Collcctor has elected to sue.

COUKT 1 G.

That C. D. wns concerned in the illegal removal of certain goods, to wit [here

wiention grnerally t h ~ goods], from tr warehouse, or otherwise illegally dealing with

the same after they had been so removed, contrary to the provisions of section

of the Customs Consolidation Act 1863,'whereby tho said C. D. has forfeited

the sum of being treble the value of the said goods [or the penalty of One Hundred Pounds, as the case may be,] for which the Collector has elected to sue.

COUNT 17.

That C. D. was knowingly concerned in evading duties of Customs upon, or in

dealing with, certain goods, to wit [here mention generally the goods], with intent to def'raud Her Majesty of' the d u t i e ~ of Customs in respect thereof, contrary to

section of the Customs Consolidation Act, 1863, whereby the said C. D. has

forfeited the sum of being treblc the value of the goods [or the penalty of One Hundred Founds, as the c u e may be,] for which the Collector has elected to sue.

COUNT 18.

That C. n. was concerned in the removal of certain goods, to wit [here mention

generally the goodsJ or otherwise dealing with the same, contrary to section

of thc Customs Consolidation Act, 18133, whereby the said C. D. has fodeited

the sam of being treble the d u e of the said goods [or the

penalty of One Hundred Pounds, as the case Inup he,] for which the Collector has

elected to sue.

COUNT

Customs Consolidation A c t. 1863.

COUNT 19.

That C. 0. offered for sale certain goods, to wit [here mention getterally the goods], contrary to section of the Customs Consolidation Act, 1863, whereby

the said C. D. has forfeited the sum of	being treble the value of
the said goods.

COUNT 20.

That C. D. was conce~me-l i n the assembling of persms contrary to section

of the Customs Consolidation Act, 1863, whereby the said C. D. has become liable to

be imprisoned as therein directed.

COUNT 21.

Thnt C. D. obstructed persons employed for the prevention of smuggling, or was concerned i n the rescue OT adtempt at rwcue of seized goods, or i n the destructiori,

or attempt at destruction hereo of, contrary to sectiorl of the Costoms Consolida- tion Act, 1863, whereby the said C. I). has become liable to be imprisoned as i s therein directed.

COUNT 22.

That certain goods to wit [here mention gencmlly the goods] were seized on the

day of , for being dealt \\it11 contrary to section [here insert tilt seetio~z

in $gures] of the Castornu ConsoIidation Act, 1863, whereby the said goods have

become liable to fwfeiture, nnd that C. D. of , has claimed the samc,

Exhibited to and before me .

the day of g in

in the year of our Lord ,

Fwnz 01' Smmons 092 I~;firmctlion,

To [C. D.]

l Whereas an infurmtltio:l has been rx1~it)itecl by [ A. E.] an officer of

to wit. Customs, under the direction of the Cal!ector, LeC~re me the under-

signed, one of Her Majesty's Justices of the Peace for thnt, &c. rr ~'hese nre therefore to require you personally to appear before me or such otl&

Jbstice or Justices of the Peace as may be present at , in the of

, on the day of instant [ o r next], at the hour of

o'clock in the forenoon of the said day, to answer the said information.

diven under m y hand and seal at in the of I

this day of , i n the yew of our Lord

Form of Summons on I i o r m u t i o n for Conde~~znation of Seizures.

To of

i n the	of
preferred by [ A. B.] an officer of Customs,

I<er 31ajesty's Justices of the Peace, tbr the condemnation of [here stale the goods] \ An information having been

to wit. under the direction of the Collector, befora me the undersigned, one of

seized on the day of , in the year of our Lord , for being

dealt with contrary to section	of the Cu3toms Consolidation Act, 1863, and
claimed by you.

These are to require you to nppear before me or such other Justice or Justices of the Peace as may be present at in the of , on the

day of [instant m] next, at the hour of o'clock in the fore-

noon of the said day, to show cause why the said goods should not be condemned as

forfeited.

Given under my hand and sod at in the of I

this day of , in the year of our Lord

Form of Summons for ?.t'itnessees.

To

l You are hereby required personally to be and appear on the day of

to wit. , at the hour of o'clock jn the forenoon, at in

the of , before me or such other of Her Majesty's Justices of tho Peace

26* & 2'7" VICTORIX, No. 12.

Customs Consolidation A c t. 1 8 6 3.

Peace, as may be then and there present, to give evidence and testify the truth, according to your knowledge, concerning the facts alleged in a certain information exhibited against C. D., under the Customs Consolidation Act, 1863, and herein fail not under the penalty therein provided.

Given under my hand and seal at in the of this

day of , in the year of our Lord .

Form of Coiwiction.

13e it remenhered that on this day of , in the year of

to wit. } our Lord 3 at in the of C. D. is convicted

before me [or us as the case may be] the undersigned, one [or two] of Her Majesty's Justices of the Peace, for that he the said C. D. [here state the ofence? as in the hformution] and [where the party has been consictecl of an qfencepunishnble by pecsniary penalt?/ and imnprisonment in default oJ payment4 l. or we adjudge the said C. D. for his said offence to forfeit and pay the sum of, which [v such be the case] I or me mitigate to the sum of , and if the said sum of

be not forthwith paid I or nTe adjudge the said C. D. to be imprisoned in Her Majesty's gaol a t, in the of 9 until the same be paid [or where it shull have Been so artjudicated, and instead o f the words '' until the same shall be paid" the words for the period of six calendar months unless he shall sooner pay the aaid sum of "1 or [where the party has been convicted of an oj%nce punishable bp i~nprisonrnent with hard Zabor] I or we adjudge the said C. D. for his said offence [and qoi~ere the party has been pre- viously convict~d insert here '' he having been previously convicted"] to be impri-

soned in Her Majesty's house of correction [or gaol] at , in the of

, and there be kept to hard labor for the period of

calendar months.

Given under hand and seal a t , i n the of this

day of , in the year of our Lord .

Form of Coni,.fnitment for non-payment of a Pecuniary Penalty.

T o [A. 13.1 nn officer of Customs, and to the keeper of the gaol a t

to wit. , in the of 9 [C, D.] having been this day convicted before me [or us as the case may be] the undersigned, one [or two] of' Her Majesty's Justices of the Pence, upon the infor- mation of [ A. B,] an officer of Oustotns, of having [here state the qfence generally, and the date there@] 1 [or we as the cuse may he] did adjudge that the said

[C. D.l had forfeited for his said offence the surn of , [adding 27

mitigated] which I [or we as the case may 6e] mitigated to the sum of t

which has not been paid.

These are therefore to command you forthwith to convey the said [ C D.] to the said gaol at	,	in the	of	, and to deliver him to the said
keeper thereof.

And I [or WC] the said Justice or J u s t i ~ e s [as the casa map be] do hereby autho-

rize aud require you the said keeper to receive the said [ C. D.] into your custody, and him safely to keep in your said gaol until he shall duly pay the said sum of

, or be dincharged according to law [or if it fie so acljudicated insert

instead of what follows the word ' gaol" the words '' for the period of six calendar m

months, unless he shall sooner pay the said sum of ."l

Given under hand and seal at , in the of fi

this day of , in the year of our Lord .

f i rm o j Commitment to Hard Labor.

1 To [ A. B.] an officer of Customs, and to the keeper of the gaol [or hot~im

to wit. of' correction at 1, in the of , C. D. having

been this day duly convicted before me [or us as the case may be] the undersigned, one [or two] of Her Majesty's Justices of the Peace, upon the information of [A. H.] an officer of Customs, of having [here &ate the ofence generally and date thereof I [or we ns the case mag be] did adjudge that the said C, D. should for

his

3E

26" & 27" VICTORIB, No, 12.

Customs ComoZidation. Act.-1 863.

his said offence lifpreviously convicted say " he having been previously convicted"] be imprisoned in the at, in the said o f, and

be there kept to hard labor for the period of calendar months.

Thcse are to command you forthwith to convey the said LC.D.1 to the said ,

nnd to deliver him to the said keeper thereof, and I p r we] the said justice or justices [as the case may be] do hereby authorize and require you the said keeper to receive and take the said [CD. ] into your custody, and him safely to keep to

hard labor in your said for the period of calendar months.

Given under hand and seal at in the

of	this	day of	in
the year of our Lord

f i rm of Condemnation of Seized Goods.

'1 Be i t remembered that an information having been exhibited by Ld.13.1

to wit j an olilcer of Customs, befbreme the undersigned, one of Her Majesty's

Justices of the ['eace, for the condemnation of [here state the goods] for being

dealt with contrary to section of the Customs Consolidation 9 c t, 1863,

whereby the same !)emme liable to forfeiture; and which said goode having been claimed by [C.D.] of ,.who was duly summoned to show cause why the same should not be condemned as forfeited, and the forfeiture thereof having been duly proved before me or us [as the case may be] I or we [as the case ?nay be] do adjudge the same to be forfeited, and do condemn the sarnc accordingly.

Givea under hand and seal at in the

oi	this	day of	,	in the year of our
Lord

SECOND SCHEDULE.

Repovt.

Port or

plucc from

whence arrived.

I [Here state the pctrticdars according to tJle above headings.]

Totnl

I I l 1 I - - 1 -

Cargo.

L

1. 2. 3. 4. 5.

Packages and des- criptions of goods,

Hame or	particulars of goods,
names of	stowed, lriose, nnd Partic~llars of

general denomina- racknges aud Goods (if any) to

places where V Marks.

aden in order Nos. tion of contents of Pu'me of goocis, (if any) bc transhipped

of timc.	each rackage of	Consi,	cTnee.	for any other	or to remain
spirits, tobacco, ri-	port in tlta	or1 board for

gars, or snuff in-	, Colony.	exportation.
tended to he irn- ported at this port.

[Here state the particulars according to the above headings, or if in Bal~ast state in ballust only."]

Stores

26" & 27" VICTOKIB, No. 12.

Customs Consolidntion A c t. 1 8 6 3.

Stores.

Surplus stores remaining on board,

viz. ... ... ...

"' I

4 t

Pilots' names ..S ...

Y

At what atation ship lying.,.	...
Agent's name and address ...	...

I declare that the entry above written is a just report of my ship and of her Ia- ding, nnd that the particulars therein inserted are true to thebeat of my knowledge, and that I have not broken bulk or delivered goods out of my said ship since her departure from [London] the last foreign place of loading (except at) [stati~lg tohere

f i any where].

(Signed) Master.

Signed and declared this

day of

I n presence of

(Countersigned)

Collector.

THIRD SCIJEDUI~E.

B?2t?y.

Port of [name of port imporfalion].

@7hcther "prime" cr "post" and if post date @'prime cntrg

Ikporter's name

Port or yhce

Wl~nrf, dock: Whcthcr British or

Ship's name. 3xt,ster,s name, froin ahenec

or station. foreign ship. imported.

[ l i t re state thc purticzdars nccording to the above headings.]

- I

Nos. Xumber of packlrgcs. Desciiption and quantity of goode,

- - - -. l -. - - - -. l - I C - - -. "

[Here state the particulars according to tfie above headings.]

1 l

& S. d,

Total amount of duty payable 1 on this entry ... ... J

Datcd this day of 18 .

(Signed)

Importer [or Agetrt].

1 [name of

importer or agent], of [place of abode] do hereby declare: that I ant tho

importer

26" & 27" VICTORIW, No. 12.

Customs Colzsolidation Act .1863.

importer (or agent duly autllorized by A.E. the importer) of the goods contained i n

this Bill of entry, and that I enter the same goods a i of the value of

[money in words at length]

IVitness my hand the day of 18 .

Importer [or Agcn t].

FOURTH SCIIEDULE.

UiN of Sight.

Por t of [name of port of

importation.]

h porter [name of importer].

B	?thster9s	nnlne.	or whence	phcc from
l'or t

Nnmc

m

.t,ux

or foreign.

of importer

or of

imported. his agcnt.

-- --- ---

- I.

l

1 [ f h c s:nte the part icd~rrs according to t l ~ c u b o v ~ headings.] I

Number of P: ~ c k n g r ~, n. i ~ l ~ the best description of the Goods the

Marks. Nnmbcrs. Importer is :hlc to give.

_L_-- --

I

I [Here state the pnrticz!la~r according to the above ?tcarZings.] I

I the importer (or agent to the importer) of the goods

above mentioned do hereby declare that I have not [ i f irnpurtlr] or t h a t to the best of my knowledge he has not [if crgfnt] received sufficient invoice, bill of lading, or cjther advice from whence the quality, quantity, or value of tlie goods nbove men- tioned c m be ascertained.

Dated this day of , 186 .

(Signed)

Importer [or Agent].

(Signed)

FIFTH SCHEDULE.

Entry ozttwowJ~.

Port of [name of port of exportatim].

If British, state the

port of regislry; Port of

Ship's name. Tonnage. Master's name. Owner's name.

if fbrci=;n, dest i rdon,

the country, --

_I__- - - -

__.-.-I -.-

- -

- -

7

Lying a t [nnrne of station or phce in port]. .

- - -

(Signed) Master [or Agent].

Date of Entry.

[Xfship skaH hare commenced

her Zndtny at any other p o ~ t m m e of such p ~ r l t

26" & 27" VICTORIX, No. 12.

Customs Co~zsolidation A c t. 1 8 6 3.

SIXTII SCHEDULE.

Shipping Bill for JVarehorised or Drawback Goods.

[State as above described the class to zokich the goods to be erported bslo?zg.] -

l

l ~lamo. / The port of

Ship's name. Wllcthcr 131itis11 or foreign. Mn5tc~'fi destinadon.

l 1

LHcre state the particulars uccordiny to the above l~eadiny. ]

I

l

Marks. Description of / Qilantity, quality, and des-

pckxges. cription of goods.

l

I [Iiere stale tJ~e part icdais caccordiny to /he above headbys.']

,~--..----

Total nnmber of packages .. . ......

[IJere stclts the y&anlit!/ and dkscripfirn in words,

I claim drawLnck on at length, of an9 goods i r ~ Tespect o f ' which

i'	drawbach is claimed.]
(Signed)

Exporter [or Agent.]

Station o f clearance

(Countersigned)

Officer of Customs..

Dated day of 186 .

SXVENTH SCIIEDULE,

BiEI of Entry for Goods F ~ e e of Uzlty.

-- -- ---- s~"-"- -

l The vnlrie of South Australian

Uescription of Quantity, quality, and

Marks. Numbers, and of foreign,

packages.	( description of gouda	ioduding	goods,
l

-- v-

l

Total number of packages, . Total value,

I

26" lk 27" VICTORIX, No. 12.

Customs Consolidation Act .1863.

I declare the value of the South Australian goods above described to be

(Signed)

Exporter [or Agent].

Station of clearance

(Countersigned)

Officer of Customs.

Dated this day of 186 .

Port of

-

I Number If British, port of Number Name 1 Number of

Omncr's

Ship's name. name. of registry; ~f fbreign, of passengers

guns. the country. crew. Master. or troopa.

of /

- - ---- -.---

l	l
I	TKere state the particulars uccording fo the d o v e Aeudings.1
i

Britis11 goods nnJ foreign goods

Warehoused goods.	restricted goods.
1)r:rwbwclr nncl .

free of c!ury snd not for drewback,

and Somh Australian goods.

[If any state marks and [ p u n y stute description [If any state "sundry packages

nwrnbers of packages.] oJpackuges.1 containing" either c l ~ s s us

the case may be.]

I

[If any goods shall have been reported dnwards~for exportcrtion in s~rch ship they

must be so stated.]

l I

l

Cleared Examined

Dated (Signed

Officer of Customs.

I do declare tliat the above content is a true account of all goods shipped or in-

tended to be shipped on board the above-mentioned ship, and correct in other

particulars.

(Signed)

Master.

Si'gned and declared this day of

before me

(Sigrled) Collector

NINTH

26" & 27" VICTORIB, No. 12.

Customs Consolidation A c t. 1 8 6 3.

NINTH SCHEDULE.

Transire.

---4- ---

Port of --

Ship's name, Owner's name. Tonnage. Port of registry. Master's name. Whither bound.

i

[Here state departiculars accordifig to the above headings.]

Foreign goods distinguishing Here etate sundry other goods"

warehoused goods removed Quantities. or "no other goods" as the case

under hond. may be.

[ H w e state the particulurs according to the above headitzgs.]

(Signed)

Master.

Cleared the day of 186

(Signed)

Collector.

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Adelside Printed by authority by W. C, Cox, Government Printer, VjeEoria-square,