Customs Act 1864 (SA)

ANNO VICESIMQ SEPTIMO ET VICESIMO OCTAVO a . 8. %- -

A. D. 1864.

[*Assented to, 9th December, 1864.1

4 REAS it is csgedient to nmeild the Laws of Customs iu Preamble.

in-Chief of the Province of South Australia, with the advice and W"" South Austmlia-Be it tllerefore Enacted, by the Governor-

cousent of the Lr6islative Council and I-Ionse of Assembly of the

said Proviuce, in tlus present Paxliament assembled, as follows:

1. The Custolns Consolidation .\et, l86 3," is hereby repealed, Repeal of A C ~.

excepting always i11 so far as the said Act may repeal any former

Acts or Ordinances, or m y part thereof, and excepting so far as

* relates to anything lawfully done before the cornluenceinent of this

2X

Act, and excepting so far as may be necessary to enable an]- punishment to be inflicted or penalty enforced for anything contrary to the provisioils of the said Act, or of the Acts or Ordinances

thereby repealed, or either of them.

2. This Act slrall be divided into the following parts, that is to say-

The First Division, relntiug to the construction and interpretation of Firat division.

the terms used; the appointment of officers and clerks; the observaucc of holidays; the nppointincnt of ports, wharfs,

quays, lsndiag-places; and tlic jurisdiction of this S c t:

The Second Division, relating to tlle licensillg of agents, guagew, second iiiuision.

and lighters for thc ~oi~vcymicc of dutiable goods:

The Third Division, relating to t h appointment of boarding Thirddivision.

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

ing ships inwards, the production of n.mnifests, hours and

places

DIVISION OF ACT. L places for landing, and the sizes of packitges iu which certain dutiable goods Inay be imported:

Fourth division.	The Fourth Division, relating to the collection of the revenue, the valuation of ad aalorenz goods, the abatement of duty on damaged goods, the granting of repayments, and drawbacks, the entry and landing of goods for public purposes:
Fifth division.	The Fifth Division, relating to the appointment of bonded aiid

ssclrrp	baggage warehouses, and the regulations to be observed in
the illanagement of boiided and baggage warehouses:

Sixth division.	The Sixth Division, relating to the bonding and clearance of goods, either for home consum y tion, or exportation, or removal coast - wise; the deficiency or loss on bonded goods; the destruction of goods not worth the dnty; the supply of stores to ships; the sale of goods in bonded and baggage warehouses, alld tlie praeticc to be observed in the regnnging or reweighing goods:
Sewnth division.	The Seventh Division, relating to the regulations to be observed

~utwards," and, the timc aud places ibr the shipment of goods

for eslror tation: '

I

%

Eighth d i d s i ~ n. The Eiglitli Division, relating to tlle regulations to be obscrved

coastwise:

Xinth division. The Ninth Division, relating to general regulations, tlle administm- tiou of oaths and declarations; the penalties for false statcmeuts or falsifying doculucnts; hods and securities; disputes betwecu merchants and others; the lay-days of shipping:

Tenth d i ~ ' qion. i-' The Teutli Division, as to thc importation of goods across the

boundary:

Eleventh division.	The Eleventh Division, as to the twde vbi tho River hlurray:
Twclfth division.	The Twelfth Division, as to the preveutioil of smuggliiiug, nud othcr

illicit practices, and penalties:

diyision* The Thirteenth Division, relating to the granting of compensatiou

and rewards t o officers, or the families of officers killed or injured

in the esccution of their duty, and to collusive seizures:

Fourteenth d i v i ~ i ~. The Fourtecntli Division, to legal procedure, and rules, orders,

and regulations:

&VISION THE FIRST.

UIVXSION I. 3. The follovring shall be tlie construction and interpretatioii ot

Interprctution of terms used in this AA for the purposes of this Act-

ternis used in this or Bonded or baggage warcllouse" shall m a n any place providecl

any other A C ~, in

relation to trade,

Customs, or uaviga-	by the Crown for lodging goods therein for security of' the
tion.	Cust O E ~ S:

" Collector" shall mean the Collector foo~ Port Adelaide, and the

Chief Officer of Customs in the said Province:

"Foreign" shall mean any place other than Sootll Australia,

unless the context shall be repugnant to that construction:

" Goods" shdl mean all kinds of goods, wares, mercllaudize, and

other articles to which the provisious of any law of the

Customs may be applicable : Guager "

27" & 28O VICTORIB, No. 19.

Customs A c t. 1 8 6 4.

" Gauger" slid1 not inclucle " Licensed Goagers" not paid by - D I ~ I S * ~ ~ 1- .-

the Goverlmcllt of tlic said Province:

Landing Waiter" shall inclade ally officer duly nutl~orized to

superintend the lairding nud examination or lading of goods

on their importation or expo~tntioll :

Justice"-The word " Justice" shall niean Justice of the Pence

for the said Proviirce:

Master" shall uean tlle pcrson having or taking the charge or

coi~imaiid of any ship.

Parts beyond the seas" s l d l mean any place out of the said

Province:

Proper Officer, or Principal Officcr" shall mean the Collector, Comptrollei*, and Landing Sir rveyor, the Chief Clerk, Sub- Collector, or t l ~ e person appointed bv the Governor, with the advice of the Executive Council, " or by the Treasurer, for tlic particular datv, service, or purpose in conliection wit11 mllicll such exprfssion is nsed:

Seaman" shall include mate, mariner, sailor, or m y other person,

beiug one of the crew o f ally ship:

Ship" shall nicm ship or vessel of any description, uiiless nsed

to clistinguisl~	a sllip from a sloop or some other description
of vessel:

" Treasurer" ~ 1 ~ ~ 1 1 mean the Treasurer for the said Province:

'' Warehouse" shall mean m y place in ~vbich goods entered to be

warehoused may be loclged, kept, ancl securccl.

4. The Governor, with the advice nud conseut of the Execntivc Appointment of

Council, may appoint proper persons to execute the duties 0 ~ " c r 5.

of the sevcral offices rwcessary to the due management and

collection of the C u s t o u ~ and all matters concerlied therewith,

and require of such persons such securities for their good

conduct therein ss he shdl decm to be remonnble and necessary,	and also, as occasion may require, reaove m y s ~ ~ c l i person from
his ofice: Provided that the several persons filling or discharging
the duties of such several oflices at the time of the comn~encer~ient
of this Act slinll continue to fill ailcl discharge the doties of mid exercise all authorities connected with such offices uutil such ap- poilitments be made respectively.

5. Every person employcd on any duty or service relating to the P m o a CUS~OUIU c m p l v d deemed by

Customs, by the order or with the concurrence of the Governor, oficera of auohser-

whether previously or subo~qnently expressed, sliall be deelrlcd to vice-

be the officer of Customs for that duty or service, and every act,

matter, or thing, required by any law at any tiwe in force to be done or performed by, to, or with ally particular officer nominated in such law for sllcli 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, sliall be deemed to be done or performed by, to, or with such particular officer.

G. Every

148 27" & 28" VICTORIX, No. 19.

Customs Act.-1864.

Dxv~sxow I, 6. Every person who shall be appoiutcd to any office or enlploy-

Declaration onad&-	nlent in the service of the Customs shall, at his admission thereto,
sion to office.	make the following declaration; that is to say-

A. B., do declare that I will be true and fizitl~ful ia the execu- tion, to the best of my knowledge and power, of the trust committed to my charge and inspection, ill the service of Her Majesty's Customs, and tha>t 1 will not require, take or receive any fee, perquisite, gratuity, or reward, whether pecuniary, or of any sort or description whatever, either directly or indirectly, for any service, act, duty, matter, or

thing, done or performed, or to be done or performed, in the

execution or discharge of any of the duties of my office, or employment, on any account whatever, other than my salary, or what is or sliall be allowed me by law, or by any special order of the Governor for the time being."

oficera sing any	7. If any officer, clerk, or other person acting in any office or ceive any fee, perquisite, gratuity, or reward, whether pecuniary, or of anv other sort or descriwltion whatsoever. dircctlv, or in- directly, Born any person (not k i n g a person d;ly appointed to some office in the Customs) on account of auything done, or to
fee or reward not	employment in or belonging to the Customs, shall take or re-

d l o w e d ~ a ~	be
mbsed,

be done by him, or in any way relating to his said office, or

employment, except such as he shall reccive under order or pcr- missiou of the Governor, cvcry such officcr, clerk, or other per- son so offending shall. on proof thcreof, be dismissed fro111 his

Penalty for offering	office; and if a 6 pers.sbn, not being a p&son duly appoiuted to
fee.	some office in thk Customs, shall give, offcr, or promise to give any sach fee, perquisite, or reward, S L U ~ person shall for every such
offence, forfeit n. s~uu not exceeding One IIundred Pounds, nor less
than Tell Pounds.

~ff icers of Customs 8. NO officer of Custonls, or person employed in tbe collectioii

in or manngeluent of, or accountiuy for, tlie revenue of Customs, or any part thereof, nor ally clerk or other persorr acting under them, shall, during the time of 'his acting as sucl offieer, or of his being so employed as aforesaid, or of his acting as snch clerk or other person as aforesaid, as the case may be, be compelled to serve in any other public office or employment, or serve on any jury, or inquest, or in the militia, any law, usage, or custom to the contrary tbereof notwithstanding.

not

local liable oacee. to

Holidays.	9. No day shall be kept as a public holiday by the Customs es- cept Christmas-day, Good Friday, the Anniversary of the Founda- tion of the said Province in every year, also such days as shall
be appoiuted for the celebratiou of' the Birthdays of Her Majesty
and Her successors, and every Satui*day after the hour of one
o'clock in the afternoon.

Juridictioa of Actl 10, The provisions - of this Act shall include and extend to the limits

of

27" & 28O VICTORIX, No. 19.

Customs A c t. 1 8 6 4.

of the said Province and the waters thereof, and one nautical league	DIVISION	I.
seaward from highwater-mark on the coast of the said Province.

part of the River Murray as may be within tlie limits of the said Murray. 11. The provisions of this Act sliall extend and apply to such Act to apply to Rirer

Province; and all vessels trading thereon within such limits sliall be deemed to be trading within the said Province or on the coasts thereof, and all vessels proceeding beyond such limits shall be sub- ject to the same regulations as ships trading to parts beyond the seas.

appoint any port or sub-port and declare the limits thereof, and ap- quaya and ports. 12. The Govcrnor with tllc advice of the Executive Council may Govsrnormny nppoint

point proper places withill the samc to be lcgnl quays or wharfs for the lading and uillading of woods, and declare the bouuds and a. extent of any such quays or wharfs, or annul the liiuits of m y port,

sub-port, or legal quay or wharf already appointed, or to be here-

after set out and appointed, and declare the same to be no longer a port, or sub-port, or legal quay or wharf, or alter or vary the names, bounds, and limits thereof; and all ports and the respective limits thereof, and all legal quays or wharfs appointed, set out, and existing as sucll.at the lime of the comnlencerneot of illis Act s l d l contiuue to be such ports and quays until aunulled, varied, or altered, and any port or quay and tlle limits tllereof now a~inulled

or altered shall continue so annulled or altcrecl until otherwise varied or altered as aforesaid: Provided, that the Governor with tllo advice aforesaid, inay appoint and declare any port on the River Murray, within the said Province, to be n first port or place of entry, Lad final port o r place of clearance, for vessels arriving in and leaving the Provillcc by the way of the said river, and niay define and declare tlie limits of such port or place; and all vessels shall, on their arrival within such limits, anchor or stop for the at- tendance of the officer of Customs, and shall reuzsirl until clemrance

be granted by sucll oficer; after which, the vessel so cleared may

proceed on her voyage: And ally m,zstcr who shall fhil to stop or

anchor within such limits, or who shall depart therefrom without	obtaining clearance, s l d l forfeit a i d pay s sum not exceeding One
Hundred Pounds.

DIVISION TITE SECOND. DIV~SION XL

Division Second, as to the licensing of ageotu, gaugers, aud

lighters for the conveyance of duthblc goods.

13. No person sliall act as agent for transacting any business Persons entering or

at the Custom House which shall relate to the entry or clearance $ ~ ~ ~ ~ ~, 8 ~ p & f ~ ~; $

of any ship, or of any goods, or of any baggase, unless and give bond.

authorized so to c10 by licence of the Collector, who is hereby

empowered to demand and receive for, or in respect of every

such licence issued by him, the sum of Ten Pounds sterling,

and to require boild to be given by every person to whom such

licence dial1 be granted, wit11 one sufficient surety in the sum

of Two Hundred Pounds, for the faithful and holiest conduct of

auch

27" & 28" VICTORIA$ No. 19.

Customs Act.-1 864.

n m s ~ o n	such person, and of his clerks acting for him; and all licences heretofore granted by the Collector to any persons to act as clwnts shall be valid until revoked; a i d all bonds taken for the Q
fmthful and honest conduct of such person shall remain in full
force: Provided always, that any person or persons in copartner- ship may, with the approval of the Collector, appoint a derlr or scrvant to transact such business on his or their behalf; and
the name, residence, and date of appointment of soch clerk or
servant shall thereupon be endorsed on the licence of such person
or persons, and slrall be signed by him or tFem in the presence of, and attested by, the Collector or other proper officer; and all
such appointments shall be recorded in a register, to be kept at the Custom House for that purpose; and 110 person shall act as such clerk or servant unless so appointed, endorsed, ancl recorded, nor act for or on behalf of any otlim than the person or pcrsons so appointing him: Provided, also, that if any person shall net as such agkot, not being so licensed, or as such clerk or scrvant, not being SO appointed and recorded, a iy such person shall, in either case,
fir every such off'ence, forfeit and pay auy S L not less than ~
Ten Pounds, nor more than One Hundred Pounds,

A@a' liCeucea may 14. The Collector may, with the sanction of the Gorernor and

be revoked.

the Executive Cozmcil. bv an order under his hand revoke a m I r /

eueh lieencc, and after n copy of such order shall hare be& delivered to any such licensed person, or to his clerk, or left a t his usual place of abode or business, such licence slinll be void.

may licenze

gaugers. 15. The Collector may license competent person S to act as

gaugcrs, subject to such rules and regulations as may be approved by the Treasurer, and require bond with one sufficient surety in the sum of Two Hundred Pounds fbr the faithful and honest conduct of such person; and tlle Collector is hereby empowered to demand and receive in respect of such licence issued by Lini the sum of One Pound sterling, and snch sum or

" l e c t ~ r ~ ~ y ~ ~ v ~ ~ ~	in the general receipts of the Customs. sums so received shall be accounted for by the said Collector
gaugers' licenoerr.	16. The Collector may, with the sanction of the Treasurer, by any order under his hand revoke anv such licence. and after a copy of such order shall lime been delivered to aiy'snch licensed person, or left a t his usud place of abode or business, such licence
shall be void.

Licen~ine; of%htem

for the conveyance of

17. The Collect.or may license masters or owners of lighters for the conveyance of dutiable goods. subiect to such rules and regulations as may be approvedY hy the l'rexsurer; and the said Collector mav require n bond to be given by every person to whom such licence "may be granted, wit11 two sufficient sureties in the sum of Five Hundred Pounds for the faithful and honest conduct of such person whiist conveying dutiable goods in any

dutiable R O O ~ ~.

lighter: Provided that all lighters to be used in the con-

vey m c e

21" & 28"VICTORI&, No. 19.

Customs Act-1864.

veyance of dutiable goods shall be also licensed, and be painted,	D I Y I S I ~ ~	rx.
nlarlced, or numbered, as shall be provided for by such rules and regulations: Provided dso that all lighters, barges, or other vessels uscad on the River Murray for the coureyauce of goods in connection with the river stennlers, shdl be licensed in the same manner as provided for in this clause, n i d shall bc subject to such rules and regulations as may be approved by the Treasurer.

18. All lans re ln t i~g to the Custonis and the provisions of this ~;~~~;;~:i","~t;;s.

Act sllall be applicable to lighters whcn conveying dutiable goods, in the same manner as though the goods were on board the im-

y orting ship or m y other registered vessel.

DIVISION THE THIRD. DIVISION IIL

The Third Division, rehting to the appointment of boardiug statiom, signals, and the regnlations to be observed in re- porting ships inwards, the y~oduction of mat~ifests, hours and

places of landing! tlle prollibitkm of certain goods, and the

size of packages in which certain dutiable goods may be im-

ported.

19. The Collector may, with the sallctioti of the Treasurer, coIlectortoappoint boarding stations and

appoint boarcling stations alld signals to be used at, or off such ,ign*,

stations. and all masters or pilots of ships shall on their arrival

within 'the limits of such b o e r d i i ~ ~ skitions, bring or heave

to, for the proper officer of Custonls to come on board, and any

inaster or pilot who s l d fail to bring or heave to within the limits

of such boarding station, or who sliall neglect or fail to make any

signal provided to bc iilnde uudcr any rcgulatious ~uider this Act,

or who shall disobey any signal provided for as aforesaid, shall

forfeit and pay a sum not exceeding Thirty Pounds nor less than

Five Pounds.

20. All shins and the i~~as ters thereof, arriving within the limits Shim arriving within

fixed by the &nth clanse of this Act, shdll be sgbject to the pro- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i; e ~;

visions of this or any other *kct relating to Customs, trade, or navi- jurisdictionof this

gation, and the masters of all ships xrrFving witlrin such liluits shall ''"

produce to the proper officer of Customs, on demand, the following To pmduee papem,

papers, that is to say-

First-The clearance from the last port of departure:

Second-The manifest or manifests relating to the cargo on

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

Third-Certificate of registry:

Fourth-List or lists of passengers on board:

Fifth-Articles of agrecnlent between the master and crew:

Sixt11-Tlre ship's nnd official logs:

And the master of any ship within such limits as aforesaid sliall R M ~ hub anwar

truly &nswer all such q~estions as shall be put to him by the questions-

proper officer of Customs relating to tlle aforementioned papers, or

on any subject relating to the proceedings of the ship since her Officer~may remain

departure on board.

Dtvrs~on 1x1. departure from tlte first port of clearance; and it shall be lawful for tlie proper officer of Customs to remain on board any wsscl d A i n snch limits as aforesaid, until either her cargo sl~all lmve been discharged or until she shall quit the limits fixed by tllo tenth clnusc of this Act: Provided that when ail officer or officers of C~lstorns shall be placed on board any ship by the authority of the Collector or other priheipal officcr of C u s t o u ~, the master of such ship shall provide for such officer or officers wllolcsome food, being eqad in quality and quantity to that allowed to the inflte of the ship on board of which any officcr may be placed: Provided that no master shall be required to supply any officer so employed with either wine or spiritits, or my fermented liqbor. And it shall be lawful for any master providing such food to demaid from the officer so supplie;l, n sum not exceeding Two Shillings per diem, or in the event of tllc officcr not remaining oil board a whole di~y, or that the time such officer shall be on board includes any broken part of a day, the mnster sllall be entitled to clmrge at the rate of Oue Shilling-,per illeel supplied during the portion of a day, or beyond the completion of the whole day the officcr n ~ n y

Penal tie~l.

be on board; and any master wlio s l d l refuse or neglect to supply

any sucli officer witL iboc~, sliall forfeit and pay h r encll offence a. sum not less than Five Pouods nor cxceeding Twellty Pounds. Aoy master wlio without rensonnble explanation shall fail to produce the papers referred to in this clause, or who shall fail to truly answer any question put to him under the provisions of this clanse, or who shall qnit such limits as aforesaid after any vessel or boat belonging to or in the service of the Customs has signalled to such master to heave or bring to, sl~clll forfeit and pay a sum not cxceeding One Hundred Pounds nor less than Ten Pounds.

Ships to heave to. 2 L. When ~ i i y ship dlall mrive within the limits fixed by the tenth

clause of this Act, and shall not bring to or Leave to on being approached and hailed, or otherwise ~ignalled by any vessel or boat belonging to, or employed ia the servicc of the Ciistonls, such vessel

the master or pilot in charqe of snch vessel shall forfeit and pzy a	or boat showinp or lioisting the Custom I-Iouse flag and pendant,
sum iiot exceeding Thirty p ~ u n d s nor less than Five Pounds.

officer to have access

to all goods.	22. The propcr offccrs of the Customs may board any ship arriviug within the limits fixed by the tenth clause of this Act, ancl freely stay on board until all the goods laden therein sllall be duly delivered from the same, or until clearance be obtained, and shall have free access to cvesy part of the ship, with power to fasten down hatchways or entrances to the hold, and to mark ally gootls before landing, and lock up, seal, mark, or otherwise secure any goods on hoard such ship; and if any place or any box 01 chest bc locked and
the keys be withheld, such officers if they be of a degree superior to that of tidewaiter may open any R L I C ~ place, box, or chest in the
best tiianner in their power, and if they bc tidewaiters or only of t h ~ t degree t h y s l d send for their superior officer who Inay open or cause to be opened, any such place, box, or chest, in the best manner i n hispower, o w e, and if any goods be found conceded on board

any

27" & Z8O VICTORIB, No. 19.

DIWSIQN 1x1-

any such ship they s l d l Be forfeited, and if the officers shall placc a 6 lock, m&, & seal, upon any goods ou 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 hatclnvays or entrances to tlre hold after having been fastened dowu by the officcr Lc opened, the uinhter of such ship shall forfeit the sum of One Hundred Pounds, md if' the proper officer of the Customs shall place any lock, mark, or seal, upon any stores on board any ship or vessel arriving in the said Province, or upon a n j package whatevm at any time, and such lock, mark, or seal be opened, altered, or broken, or if any such stores be conveyed away either while the ship remains in the port a t which she shall have so arrived or before she shall have arrived at any other port in the said I'rovince to wbicli she may tlien be about to proceed, the master of such ship shall hrfcit thc sum of Eifty Pounds.

23. If any ship coming within the limits fixed by the tenth clause Ship to come quickly

of this Act slldl liot corm as quickly up t o the proper place of to place of unlxling or t o station.

moorinz or unlading as the nature of the port will admit without (2 V L

touching a t any other place, and in proceeding to such proper place shall not b r i n ~ to a t the stations appointed by the Collector for the boarding of slups by tlie officers of the Customs, or if after arrival a t

such plncc, such ship shall remove from such place except directly

to some other proper place of mooring or nnladhg, and wlth the knowledge of the proper officer of the Customs, or if the master of

my sllip on board of which any officer is stationed neglect or refuse

to rovide every s~lcll officer sufficient room under the deck for his

be c ? ! or hammock, tlie master of snch vessel shall forfeit the S L L ~ ~ of Accommodation for officcr.

Twenty Pounds: Provided that vessels calling for orders shall be allowed to remain in their first place of anchorage off or near any port uutil the ultimate destination of such ship shall be decided upon

by the master.

24. The master of every ship, whcther ladcn or ia ballast, shd l K aster to repol t

wlthin forty-eight

within forty-eight hours after arrival from parts beyond the seas ~ o u, .

at any port iu the said Province, and before bulk be broken, make

due report of such ship in the form contained in the Second Schedule to this Act or to the same effect, ancl containing the several particulars indicated or required thereby, and if the cargo of such

ship shall have been laden a t several places, shnll state the names

of those places in the order of time in which the same were laden

opposite to tlhe particulars of the goods so laded.

25. If such master shall fail to make sucll report according to the Penalty.

particulars hereinbefore set forth, so far as thc same are applicable to such ship, cargo, and voyage, or if the particulars or any of theem con- tained in such report be false, such master shall forfeit a sun1 of not less tluln Twenty l'ounds a d uot exceedin3 One Hundred Pounds. A~id when any vessel shnll be wrccked or c k t ashore upon any part of the coast within tlie limits of the said Province, the master or

owner thereof shall forthwith make a report inwards of such ship

22 md

270 & 28" VICTORIX, No, 19,

Customs A c t. 1 8 6 4.

and cargo, so far as it may be possible for him to do so, a t the nearest Custom House to that part of the coast where such vessel shall be wrecked or cast ashore, or to the nearest J u ~ t i c e of the Peace: and if such master or owner shall fail to make such report,

he shall forfeit a sum not exceeding One Hundred Pounds, nor less

than Ten Pounds.

Goods not reported

may be detained,	-26. Goods not duly reported may be detained by any officer of Customs until t2re same shall be so reported, arid the cause of the omission explained to the satisfaciioI; of the Collector, or other propm officer, who may thereupon order the said goods to be restored on such teru1s as he may third< proper, and sucll goods may in t,he meantime, should the Collector or other proper officer deem necessary, be taken to a baggage warehouse.
Master to produce
manifest.	27. No goods s h l l be imported unless the master shall have on board of the importing ship a manifest of such goods containil~g the nemc and tonnage of thc ship 2nd the names of the owner and
master thcrcof; and also of the plnce to which thc ship belongs, and of the place or places where such goods mcre taken on board as
aforesaid, as well as a particular account 2nd clescriptiou of' all p:lckages on board, with the marks and nulnbers thereon, and of all goods stowed, loose, with the names of the shippers and consignees thereof respectivelv, so far as the same mnv be known to the master,
and if nuy goods shsll he imported withoh such manifest as nfore-
said: the master shall forfeit the, sum of One I-Iu~~dred Pounds: Provided that no master shall be liable to any proceedings under this clause, if it be proved to the satisfaction of the Collector
or other proper oflicer, that such ship is not req~~ired to hr~ve
a manifest at the port of clearance,
missioned ship to

Captain of corn- 28. The captain, master, purser, or other person in charge of any

report goods.	ship (having commission from Her Majesty or from any foreign
state), having on board any goods laden in parts beyond the seas, shall on arrival at any ~ o r t in the said Proviilce, avlcl before arw art of
such goods be tik&ken out of such ship, or when called u p c d s i to do by any officer of the Customs, deliver an accouirt in writing under his hand to the befjt of his linowladge, of the quality a d quantity
of every package or. parcel of such goods, and of ille marks and
numbers thereon. a d of' the names of the resrmtive shimers and I L I I
consignees of the same, and shall make and subscribe a declaration a t the foot of such acconnt declariug to the truth thereof; and shall also truly answer to the Collector, or other proper officer, such questions concerning such goods as shall be required of him, and on failure thereof, such captain, master, purser, or other person, shall forfeit the sum of One Hundred Po~ulds, and all such ships shall be iiable to such searches as mercliant ships are liable to, and tllc officers of the Customs may frcelv enter Lnd go on board all such ships, and bring from thence on &ore into the Queen's warehouse,

.

any goods found on board such ships as aforesaid, subject, never-

theless, to such regulations in respect of ships of war belonging to

Her

2 7 9 28" VICTORIB, No. 19. isb

Customs Act..-1 864.

Her Majesty, as shall from time to time be directed in that respect DIYISION m.

by the Governor, with the advice of the Executive Council.

2 9. Thc master of cvcry ship nrriving from parts beyond the ~ m t e r to deliver

bills of lading and

seas slial1, a t thc timc of making wch report, deliver to thc Collector, ,,

or other proper officer, the mnnifcst, if any, of tile cargo of such shin laden & board. (2nd sliall answer all such uuestions relatinc to L I , U

the ship, cargo, crew, and voyage, as slrall beLput to him by such Collector, or other proper officel;, and in case of failure or refusal to answer such questions, or to answcr truly, or to produce ally such manifest, or if any such manifest shall be false, or if ally manifest be uttered or produced by any master, and the goods expressed therein respectively s l d l not h a w been bond fide shipped on board such ship, or if any mauifest uttered or produced by any master shall not have been signed hp him, or any snch copy &all not

have been received or mnde by hiin previously to his leaving the

place where tile goods expressed in such inanifest were shipped; or if, after the asrival of any ship within the limits of the said Province, or within one league of the coast of the said Proviace, bulk s l d l be broken, or any dtcration nmde in the stowage of the cargo of ~11~11 ship, SO as to facilitate the unlading of any part of such C R ~ O, or if any part be staved, destroyed, or throb over- board, or any package be opened, unless acconntcd for to the satis- faction of the Collecto~, or other proper officer, in every such case such n~aster shall forfeit 3 sum not exceeding One Hundred Pounds.

30. If the contents of any package intended for exporLat,ioa in the Packages reported

same ship, or for trmsliipmcnt, sllnll be reported by the master as for ro~expo,.tntion, '' contents unknown"

being unknown to him, the oscers of the Customs nay open and may be opened. L

examine saclr pacliagc on board, or bring the smne to a baggage m-arehouse fbr that pnrposc, and if thew bc fouud in that package

a m soods wllich are prohidted to be imported, suc l~ goods shall be !-&-L

foife~ted, unless the Collector shall permit thein to be exported.

* Q * C

R I. Jf the cargo, or any portion of thc cargo, of any ship arriving s,i,ib, andtobacco

from parts beyond the Beus, sLd1 on arrival a t sky port in the ~ ~ ~ $, " ~ ~ ~ l l y

said Province, consist of spirits (not bei~rg perfumed or medicinal

spirits) and tobacco, or any of them, a i d sball not be specified in

such report, and described in the smile by the ~ ~ e r k s and ~~ulnbers

thereon respectively, such spirits a11d tobacco, or such portioii thereof respectively as shall not be so specified and described, shall, whether the same he dnly entered or not by the owrier or con- signee, be forfeited, mless the Collector shdl permit the same to he exported; and if the maste~*, lmowing that the contertts of any package consist cit!~er wholly or in part of snch spirits and tobacco, or of any of them, shall wilfully fail to specify or describe the same in manner aforesaid, he shall forfeit the sum of One Hundred Pounds.

32. No goods, except l i ve stock and other articles hereinafter Time and place of

provided, shall be	from any ship arriving f r m s
or put on shore, except on days

not

27" 28O VICTORIB, No. 19.

Dxv~s~on 111. not bcing Sundays or holidays, and within t l i a e g a l hoqrs- that is to say, between eight i n the morning arid four in the after-

1/0'291'f'@3 *'*

noon from the first dav of October to the thirty-first day of March. and between nine in thk morning and four in thk afterndon from the first day of April to the thirtieth day of September, excepting on Saturdays; and on every Saturday throughont the year from eicht

o'clock in the morning uiitil twelve o'clock a t noon, U 1 a -

authority be given by the Collectol~and then only upon depositin 8

tIie over ' ciueto o fhe r oroEccrs attending; nor shd,

my g ~ u n s l ~ i l ~ p e d or 1 a a d e; m c in the presence

or with the authority of the proper officer of Customn, and such

goods shall be landed a t some wharf, or place appointed for the landing of goods; and 110 goods after having bccn 11ut iuto any boat or c r d t to be lnndcd, hall bc sellloved into m y other boat or craft p~evionsly to their being duly landed ~ ~ i t l i o u t the permission or authority of the proper officer of Customs, a i d all p o d s uuladen coutrary to this or any Taw of the Custorus shall bc forkitecl, a d a11 persoils coucemed, whither directly or indirectly, in the landiilg of goods before due entry be passed md warrant granted, s l d be subject to a penalty not exceeding Fifty Ponnds nor less than Ten Pounds.

Certain articles may 33. It shall be lawful for the importer of any live stock, fresh

legal hours. although on a Sunday or holiday, or not within legal hours, in be landca not within meat, fish, fruit, or vegetables, to land the same at any time,

accordauce with, and subject to, m y regulations to be for that pur-

pose from time to timc, made by the Collector.

Prohibitions. 34. If any goods enumerated or described in the following table

of prohibitions shall be ilnported or Brought into the said Province,

2- then, aud in evcrv such case, such goods shall be forfeited and des-

33-1 dfb 9 ' troyed or otherwise disposcd of as the Treasurer may d i r e c t

A table of prohibitions inwards.-Goods absolutely prohibited

to be imported-

Books wherein the copyright shall be first subsisting, first com- posed, or written, or printed in the United Bingdom, or ill the said Province, 2nd printed or reprinted in any other part of the wo~ld as to which the vroprietor of such copyright or his agent shall have given io the Collector a notice in writing that such copyright subsists, such notice also stating when such copyright will expire:

Coin, viz.-False money or counterfeit sterling:

Blasphemous, indecent, or obscene prints, paintings, books, cards, lithographic or other engravings, or other blasphemous, indecent, or obscene articles:

Infected cattle, sheep, or other animals, and hides, skins, horns,

"V 3 'be - . hoofs, or any other part of cattl- animals, which the

. < % '

Governor, with the advice of the Executiq .Council4 may

, p. v'*

prahi bit,

157

-- 2'7" & 280 VICTORIX, No. 19.

Customs A c t. 1 8 6 4.

D I V I ~ ~ Q N 111-

prohibit, in order to prevent any infectious or contagious

distemper ar disease:

Spirits (not being perfumed or medicinal spirits) unless in ships of tifty tons burden at lcnst, ailcl in casks or other vessels capable of contniniug liquids, each of s~xch casks or other vessels being of the size or coutcnt of fourteen gallons at the least, and duly reported, or in glass bottles or stone bottles not esceerliilg tllc size of three pint bottles, and being really

part of the cargo of the importing ship, and duly reported:

Snuff or tobacco, unlcss in ships of fifty tons burden at least, nild in whole and complete packages, each containing not less than sixty pounds net weight, and not containing any other goods, and unless into such ports as are or may be approved by the Governor, with the advice of the Executive Council,

for the import~~tion and wareliousing of tobacco:

Cigars, unless in ships of fifty tons burden at least, and in pack-

ages cont;~ii~ing not less than sivtv pounds net weight. or not less than ten thousand in mumher each, and not contain-

ing any otlier goods, and unless into such ports as are or

may be approved as last aforesaid.

Arms, &C., may bo

35. The importation of arms, amniunition, gunpowder, military prohibitPd,

and naval stores, and otlier goods Inay b~ prohibited by Procla-

matio~~. or order of' the Governor, with the advice of the Executive Council; and if any goods so proliibitod s l d l be imported t h y

shall be forfeited.

36. There shall be publicly exposed at the several ports in the Lists of prohibited

said Province, printed lists of ,211 books wherein the copyright shall books to be exposed.

be subsisting, and as to wI~iell the proprietor of such copyright, or his agent, shall have given notice in writinq that such copyright

exists, s t ~ t i u g in sac11 liotice when soch copy rlght expires.

Division Fourth, relating to tlle collection of the Revmac, the valuation of ad valorem goods, the abatement of doty on damaged goods, the granting of repayments, the entry and landing of goods for public purposes.

37. Anv goods may be imported which are not by any law iu k~;:I;""""~p"'

force at tLo time of importation thereof prohibited to bc SO im- ported, and, uuder the laws in force for the wnrellousii?g. of goods, except as hereinafter provided, in warel~ouscs duly approved for the warehonsing of goods without paymeut of duty on the first entry thereof, anv soods may be wareloused, subject to duties of Customs, the impor&don and aerehous in~ whereof is not prohibited by any law in force at the time of such importation.

Customs A c t 1 864.

first permitting or prohibiting of any importation, or at any other time, or for any of the purposes of this or any Act relating to the Customs, it shall become necessary to determine the precise time at which an importation of any goods shall be decincd to haw Lad effect, such time shall be deemed to be the time at which the ship import- ing such goods had actually come within the limits of the port at which such slip shall in due course be reported, and such goods be '

discha~g-ed; and if any question shall arise, upon the arrival of ally ship, in respcct of any charge or allowance upon such ship, exclu- sive of cago, the time of such arrival shall be deemed to be the time at which the report of such ship shall have been or ought to 11we been made.

Duties to be under

mnnagemxtt of thu 39. All duties of Customs, or other duties under the ruaiiagelnent,

Collector.

collection, or control of the Collector, drawbacks and allowni~cus

m w imposed and allowcd, or which may liercaftcr bc imposed or

allowcd by law, shall be under the manapment of the Collector

fbr the time being, and sl~nll be nscertaiued, raised, levied, col-

lee ted, y aid, recovered, allowed, mid applied or appropriated under

the provisions of the laws for the time being in forcc relating thereto;

a d all duties and drawbacks imposed and allowcd, according to

m y specific quantity or any specified value, shall be deemed to apply in t>he same proportion to any greater or less quantity or value, aud shall bc paid a d received in currency and nccordirrg to standard weights and measures.

When new duli~s

imposed, former ones

are 40, In all cases wlicre ally new duties of Customs, or othcr duties

new e r t management, Eollection, or control o i tlre Collector

o n i n

dutks arc c h ~ W l c.	ore or may be imposed by any Act or Acts in lieu of any foriuer
cluties navable at the time of the cornrrienceinent of such Act or A& 8uch former duties shall be ancl continw payable until such new duties imposed in lieu thereof shall becoin; Ehgcable, save and except in cases where the Act or Acts imposing such new
d ~ ~ t i e s shall otherwise provide; and all moneys arisiiq from any

duties of customs, or any arrears thereof on acconnt oi any goods

whatever, imported into or exported frolll the said Province under any former Act, althougli computed under such former Act, and wllether secured by bond or otherwise, shall be levied and appropriated in

the same manner as if the same had beeu made payable by this Act

or any other Act in force for the time being; and all drawbacks or allowkces payable under any former Act ;hall be paid or dlowed under this, or such other Acts as may be in force for the time beiug.

t o bc sub'cct to duties G O O ~ S in warehouse 41. All goods whatsoever, which now are or may be deposited

charpea& at time of in ally warehouse without payment of duty upon the first imports-	clcm-ance from the tioii thereof, or which may be imported aud on board any ship,	a arc house.	sball, upon being entered for hoirie con~umpt~ion, be subject to such and the like duties as may at the time of passing such entry be due and payable 011 the like sort of goods uuder any Act or Acts
&)r imposing any duty or duties of Customs which shdl or may be
in force at the time of passing such entry, save and except in eases

W here

27" & 28" VICTORIE, No. 19. 159

Customs Act .1861.

where special provision shall be made in any snch Act or Acts to	Drvrslo~	IV.
the contrary.

42. The importer of any goods liable to dixties of Customs, and Entry of dutiable

iiitcnded to he delivered for home use on tlrc landing thereof from goods*

the importkg ship, or his agent, shall, witl~in tllrcc days in the case

of sailing vessels, and tweiity-four 11011's in the case of steamers

aud Colonial vessels, after the report of such ship, and before

unshipment thereof, malw perfect entry of srrch goods by delivering to the Collector a bill of entry thereof, in the form contained in the Third Schedule to this Act, 6r to the same e i k t; and sucli entry or entries sliall be fairly and legibly writtell or printed, and contain-

ing tlie several particulars ildicatcd in or required thereby, and tlie

particulars ill such entry s l d l correspond with the partic&m given of the same goods aitd paclrnges in tlic report of thc ship, and shall statc tlic value of sue11 goods, and the importer or his agent shall snbscr*ibe a declaratiou of the truth of such value, in the form set forth a t the foot of sw,h entry.

43. Tlie importer or his agent shall imnlediately upon the entry Payment or duties.

of any goods entered by him to be delivered for home use, pay down any dnties which iuay he payable upon tlle goods mentioned in such

bill of entry to the Collector or other persou nutliorized to rcccive

the same; and sucli bill of' entry, mhcn signed by the Collector or other such pcrsoil, s l i d be traiismitted to the landing wait,er and be liis warrant for the landing a i d delivery of such goods.

or his agent shall, within three days in tl;e case of sailing vessels, rants, free goods. 44. The importer of any goods, not subject to duties of Customs, Particulars and war-

and twenty-four horns in the case of s tea i~ms or Colonial vessels

~ f t e r the report of the importing ship, deliver to the Collector a bill of entry of such goods,in the nramer and Form set forth i11 the Seventh Schedule to this Act, aud containing tlio same particulars as herein-

before required on the entry of dutiable goods, so f w as the same is	applicable, and such bill of entry, mheu signed by the Collector,
shall be transmitted to the proper officer, :tnd be his warrant for
the delivery of the goods lnentioned tlierein.

45. The 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 making and	goods art: not known.
snbscribing a declaration to that effect before tlie Collector or other proper officer, may iuake an entry by bill of sight for the packages or parcels of such goods in the form contaiued in the Fourth Schedule to this Act or to the same effect, nlad containing the several par- ticulars indicated or required thereby.

46. Such entry being delivered to the Collector or other proper Bight rntry to p a r

officer, and signed by him, s ld l be the warrant for provisionally fectehftm examina-	tion.
landing such goods to be exainined by such importer in the presence
of the proper officers, and the importer shall within three days after
the landiig thereof, and before the same shall be delivered, make

full

2 7 O & 28" VICTORIX, No. 19.

full and perfect entry thereof, whether for pnymcnt of duty or for

warehousing, or for delivery free of duty, as thc casc may be, and such entry when sigiied by the CoIlector or other proper officer, shall be take11 aa the perfect entry for such goods.

Goods entered by bill	47. Where an entry for the la~lding	and examination of goods
of sight not to bc de-

livered until duty ia	for delivery on payment of duty shall be made by bill of aght, such
paid.	goods shnll not bc clclivered until perfect entry thereof shdl haw been made ancl the duties thereon paid, uuless the importer or his
agent shdl have deposited with the proper officer of the Customs a
sum of money sufficient in amount to cover the dnties payable thereon, and if the sum deposited on a bill of sight shall not bc equal in amount to the duties payable upon a11 the goods coatailled in any single package landed or examined tliereby, iro part shall bc delivered until a peFfect entry or entrics is or are made and the duties paid or deposited for the whole of the g.oods contained in
such package.
If entry be not per-

fected, ooda to be 48. If full and perfect entry of any goods landed by bill of sight

remove% to bonded as aforesaid be not nmde witllin three days aftcr the landing tl~ercof,

warehouse.	such goods shall be taken to the bonded warehouse by tGG officers of the Customs, and if the importer shall not within one iirorlth after such landing! or within sucli furtl~er period as the Collector
shall, in his discretion allow, make perfect entry or entries of sucli
goods and pay the duties thereon, or on such parts as can be entered for home use, together with the charges of reilloval mid of warchouse rent, such ~ o o d s shall bc sold for the payment of such duties and charges (or for exportation if they be such as cannot be entered for home use or shall not be worth tlle daties) and the overplus if any, after payment of such duties and charges, or the clmrges if sold for exportation, s11sll be paid to t'he importer or proprietor thereof: Provided a l ~ a ~ y s, that when entry be at m y time riiade as and for a
full and perfect entry for any goods provisionally landed by bill of
sight or deposited in the bonded wa,reliouse as aforesaid, if such,
entry shall not be made in manner hereiu required for the due
lan&ng of the goods, the same shall be dcelned t; be C. aoods landed
without entry and shall be forfeited.
Dupiicates of entry,	49. Upon the entry of any goods the importer or his agent, as the ease may be, shall deliver two or more duplicates of the bill of entry thereof, as the ease inay require, in which duplicates all sums and numbers may be expressed in figures, and t l ~ e i~uruber of duplicates shall be such as the Collector inay require.

50. Every importer, agent, or other person entering m y goods,

who shall wilfully fail to cornply with the foregoinq regulations, so far as they are respectively applicable to the p o & s so entered by

him, shall forfeit and pay s sum not exceeding Twenty Ponuds.

plete. deemed valid unless the goods shdl have been properly described iu ~~cript iontobEcom* 51 No entry or warrant for the landing of any goods slla.11 be

such

27" & 28" VICTORIX, No. 19, 161

such mtry by the denominations and with the cllaracters and cir-	D I ~ T ~ I Q N	m-
cuinstalxes accordings to which such goods are charged with duty, or ioay be in~ported eitl~er to bc used in the said Province or to be

warehoused f& exportatiou oiily: Provided that this clause shall

not affect the pr~risioiis of tlie clauses relating to sight cntrics.

52. If any package Qr parcel shdl have been landed by 01. in Go~asconcealea to be

forfcitcd.

pursuance of any entry, ant1 any goods or other things shall be found

in such package or parcel concealed in m y way, or packed to

deccive tllc officers, such package or parcel aud t l ~ c contents thereof shall be forfeited, and if any goods be taken or delivered out of any ship or out of any warehouse, not having bccn duly entered, the same s Id1 be forfeited: Provided always, that no entry shall be req~~irecl in respect of the bngguge of passengers which may bc examined, landed, and delivered, under snch regulatio~ls as the Collector may direct, but if ally prohibited or uncustomed goods illall bc fouud concealed therein, either before or after landing, the same shall be forfeited, together with tllc other contents of the

package eo~ltnining the same.

53. The proper oficer inay permit any surplus stores, not being Surplus storerm~y

merchnndizc, nor by him deemed excessive, to be entered for private

be entered as mer-

use under and sul~jcct to the same duties, roles, nnd rc$olations as the like sort of goods wonld be suhject to on inlportatlon as mer- cliandize, or yerillit the master, owner, or purser, or other officer of any ship, or m y passei~gcr of such ship to whon1 any s ~ q l u s stores bclorig, to enter imd warehouse such surplus stores for futnre use as ship's scores, althongh the same cannot be legally imported by way of merchandize.

54. If at any port, where persons acting as agents for transactiug Wauth~rizedagenta,

any business relnting to the clearance of any ship, or goods, or baggage shall be reqGired to bc licensed, any person not so licensed,

or appointed or not, &a11 make or cause to be made entry of my

or not being the duly appoiuted clerk to m y person so licensed, dial1 act as such agent or clerk, or if any person, whethcr so licensed

goods without being duly authorized for that purpose by the p~oprietor or consignee of such goods, every such person shall for every such offence forfeit s sum not exceeding One Hundred Pounds, nor less tlmn Ten Pounds; but no such penalty sllall extend to any merchant8, importer, or consignee of any goods or ships acting 'liimself in respcct tl~creof, or any clerk or servant exclusively employed by him or by any such 'persons in co-part- nershi p.

55. Whenever any pcrson shall make application to any officer Authority may be

of the Custorus to trmsnct any business on bel~alf of any other demanded.

person, such ofEcer inay rcquirc of the person so applying to

produce a written autlloAty from the person on whose behalf such

application shall be made, and iu default of the production of such

authority refuse to transact such bus' mess.

3 B 56. The

27" & 28" VICTORIB, No. 19.

Customs Act.-1 864. -

56. The officer of Customs may on the entry of any p o d s or at'

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

for ascertainirlg the duties payable on such goods, or for such other purpose as the Collector may deem necessary, and such samples shall be disposed of and accounted for in such manner as the Collector may direct.

~ o o d ~ t ~ t e mh ip red, 5 7. The unshipping, carrying, and landing of all goods, slid the carriage and r e ~ o v a l

&C., at the expense of of the salnc to the proper place after

importer.

lawling for examination or for weighing, and the putting into nud td&g out of the scales after weighing, and the opening a i d closing

of the same, and the carriage thereof to the warehouse, sball be

performed by or at the expense and risk of the importer; and the importer or person entering any timber or wood to be charged with

duty by ineasureineat, shall, a t his expense, pile, sort, frame, or

otherwise place the same in such mainer as the Collector may deem necessary to enable the officers to r1leasul.e alld to take the account thereof; and ill all cases where the same is n m w ~ r c d

in bnlk tlic mcasurcnlel~t shall be takcn to tlie full extent of the

pile, and no allo~vance shall be made by the officer on account of any interstices, but battens, boards, deals, and planks exceeding twenty-one feet in length may be measured by the piece, m d the accouut thereof taken separatelv,

Persons removing 58. If any goods whicli shall be hereafter brought within the

goods, &C., previcus limits of the said Province or imported shall be remored from any

to rxRminRtioll to

.

forfeit treble vahe or	ship, wlmrf, or other place previous to examinati.tion thereof by tlye
f, 100.
proper officers of' Customs, except by an order of or with au authority in writing from such oEccr, or officers, and for such purpose as shall
be therein expressed and in due coufornzity therewith, every person
who shall assist., or be i11 anywise coilcerned in such removal, or who shall knowingly harbor, keep, or conceal, or knowingly permit or suffer to be hnrbored, kept, or coucealed any such goods, or to whose hands or possession any such goods s l d l bnowmglv come, shall
forfeit either the treble value thereof or the penalty of fine Hundred Pounds, at the election oi the Collector or other principal officer of Customs, a d the goods ao removed shall be forfeited.

G O O ~ S to )re entered

within twenty-four 59. Tlie importer of any goods sball, in the case of coastinc.

boura or four dnya.	vessels having on board goods liable to duty, m d in the case 3 steamers and intercolonial vessels, within twenty-four hours, and
in the case of all other vessels within three days after the arrival of the importiug ship s l d l have beell reported at the Custom
IIouse, exclnsive of Sundays and holidays, imke perrect entry of such goods, and in default of such entry i t shall be lawful fbr the master or agent of the vessel to enter such goods and convey tbrm
to a b o d e d warehouse, and if the duties doe upon s~lch goods be
not paid within three calendar inoliths in respect to goods of a perishable nature, and six calendar months in respect to other goods, after such twenty-four hours and three days respectively
shall have expired, or withiu such longer period as the Collector

shall

2'7" & 21j0 VICTORIB, No. 19, 163

Ot~stowts A c i. 1 8 6 4.

-

dial1 in any case permit, together with all chwgeb of removal and	D~vlsron IV.
vr;arehousc rcnt, the same shall be sold and tile proceeds thereof shdl be applied first to the payment of duties, next of freight and charges, and the overplus (if auy) s l d l be paid to the proprietor of
the goods or other person duly authorized to receive tlie same:
Provided, that in the case of goods subject to the performance of	Proviso.
quarantine7 tlic date oil which the same shnll be released from quarantine shall, for the purposes of this clause, be takeu to bc the date of the arrival of the ship.

60. If the goods in any elltry be charged to pay duty accordiug Aavaz~mm gooh.

to the number, measure, or weight, such numbers, rn~asure, and

Y *

wcight sllall be stated in ' the eotry; and if the goods i11 such entry be charged to pay duty according to the value thereof, such valuc shall be ascertailicd 13y the productlion of the invoice of the goods referred to ill sncll entry, and by the declaration of the importer of such articles, or his linoma agent, in iuanner and fcrm following: that is to say--

" I, A. B., do hereby declare that the invoice now prodnced, is a

C	qemine invoice, and that tlle value or values of tlie articles
thcrein contained was, at tlie tinic of shipmcut, thc current value of the sail~e articles at tlle same place from which the
snnie were imported. Witness my hand, this dnv
of one thousand eight hundred and A, 6.
The above declaration, sigucd the dav of in tlic
presence of C. I), Collector, or other prin&d officer.''

Which cleclaration shnll be written or priuted on the bill of entry of

such articlcs, and slinll be sul>scribed with the hand of the importer

thcreof, or his known agent, in thc prescncc of thc Collector, or

other principal oflicer of Customs, at the port of inlportation;

and such invoice price, with the addition of Ten Pourlds per centunl

thereou, shall be deemed to bc the value of the articles upon which

tlie duties due thereou s l d l be cllargecl a11d paid: Provided also,

that if it shnll appear to the Collector, or otlwr proper oEcer, .

that such articles h:wc h e n f'ound invoiced below the real and true

value thereof, a t the place from wheucc the salne were imported,

the articles may in such case be examined by two competent per- sons, to be nonliliated m d appointed by the Governor, and such persons &all declare on oath, it required, before the Collector, or other proper officer, what is the true and real value of such articles at the port of importation in the said Province, and the value so declared shall be deemed to bc the true and real value of SLIC~I

articles, and upon wllieli the duties due tllereon shall bc charged and paid; or if tlie invoice price be not known, then two competeut valuers sllall be called in to declarc the value of the said goods a t the port from which they were imported, and duty shall bc paid accordingly.

61. If the inrporter of such goods shall refuse to pay the duties If im~ortcrrefuse~C pay such duties, gooda

imposed thcreou after such examination, and also the costs of such a, SQM.

examination,

27" & 28" VICTORIA3, No. 19.

Customs A c t 1 864,

examination, in the event of the valuation being greater than declared 011 the bill of entry, i t shall and may be lawful for the Collector, or other proper officer of the Custom.i, and he is hereby required to take and secure the same, with the packages thereof, and to cause the same to be publicly sold, witliiu the space of twe~ity days at t l ~ c most after such refusal n~ade, and at sucll time and place as such officer shall, by four or more clays' public notice, appoint for that purpose, which axtirles shall be sold to the best bidder, and t,Le luoncy arising from the sale thereof slldl bc applied in the first place in paymellt to the importer of the amount in respect of which lie was willing to pay duty upon such goods, aud in the next place, in paymcuk of the said duties, together with the charges that slrall have been occasioned by the said sale and examination, :md the overplus, if any, shall be pqid, one moiety to the officer of Customs who may h w e detained the same goods, and the other to the Collector, and carried to account as duties of Customs.

Detention of good~

for under value.	62. If, notwitlistanding what is hereinbefore provided, upon the examination of any goods entered for duty which are cllargeable with duty upon the value thereof, it shall appear to the oficer
of Customs that such goods are not valued according to tllc true
Service of notice in	value thereof, or that they are properly chargeable with a higher
case of.	rate or an~ount of duty tlmn that to which they ~vould be subject according to the value thereof as described i11 the eatry, and after
such goods shall have been cxamincd 1 ~ y two competent persons,
to be nominated and appointed by the Governor, and declared by them on oath, if required, to be invoiced below the real and
true value thereof, i t shall be lawful for such officers to detaiu
the snmc ; in wlk& case they shall forthwith give notice, in writing, to the person entering the same, of the detention of such goods, either by delivering such notice personnlly or by trans- mitting the ssme by post to such person, addressed to him, at his
In case of sale of	placo of abode, as stated in his entry; and the Collector shall,

gooda, how proceeds

to be applied. within seven days after the detention of s.uch goods, determine either to deliver such goods on the entry of such person, or to retain the same for the use of the Crown, in which latter cnsc, they slmall cause the value at which the goods were so entered, together wit11 m additiou of fifteen per cent., and the duties already paid on such entry, to bc paid to the person entering the same in full satisfaction for such goods, or may permit such person, on his ap- plication for tliat purpose, to aineltd such entry, at such value, and on such terms as they may direct; and, if the Collector shall retain

such goods, he shall and may dispose of then1 for the benefit of the

Crown, and if the proceeds arising therefrom in case of sale shall exceed the sums so paid, and all charges incurred by the Crown, one moiety of such surplus shall be paid to the officer of Customs who may have detained the same p o d s, and the other to the Col-

lector, and carried to account as dutles of Customs.

63. If any goods which are liable to the payment of duty shall

receive

27" & 28" VICTORIX, No. 19.

Customs Act .1864.

D ~ v r s r o ~ IT,

receive damage during the voyage, from natural decay, or any other reasoilable cause, an &atement of such duties shall be allowed in proportion to the *damage so received, provided claim to such abate- ment of duties be made at the time of the first cxaminatiou of such goods and before removal from the quay.

64. The officers of Customs shall thereupon examine such goods damage. Officers t o examine

with refereuce to such damage, and may state the proportion of damage which, in their opinion, such goods hare so received, and may make a proportionate abatement of duties; but if the officers of Customs be incompetent to estimate such damage, or if the importer

be not satisfied with the abatement made by tlicm, thc Collector or

other principal officer shall choose two inditferent merchants, expe- rienced in the nature mid value of snch goods, who sldl examine the ssmc, and shall make and subscribe a declaration, stating in what proportioa, according to their judgment, such goods are lessened in their value by reason of such damage, and thereopon the officers of Customs may make an abatement, of the duties according to t l ~ e p o - ~ ~ o r t i o n of damage so declared by snch merchants, and the Collector

inay make rules and 'egulntions for the granting of abatement of

duty, subject to the sanction of thc Treasurer.

65. I t shall be lawful for the Collector to make repayment of Repayments.

duties on goods which have been entered to be landed, but which shall not have been landed, and on which duty lms been paid, when cause shall be shown to the satisfaction of the Collector: Provided that the Collector shall be empowered to retain the duty so paid if sufficient proof be not sliown as to the cause why snch goods have not been landed.

Landing of goods for

66. It shall be lawful for the Governor with the advice of the public purposc3.

Executive Council to make rules and regulations for the lauding of '

dutiable goods for public or charitable purposes without payment

of duty, aud the oficcrs of Customs atre hereby authorized to deliver

such goods 611 the warrant of the Treasurer, subject to the rules and regulations to be provided. DIVISION THE E ~ T I I. DIVI~ION v.

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

67. It shall be lawfd for the Collector, by notice in writilitiug ~ ! ~ ~ ~ ~ & ~ \ $ ~ g

good.. securing of goods therein for the purposes of this Act, and also,

under his hand, to appoint bonded warehooscs and baggage ware-

houses respectively as he may consider of a proper size and de-

scription, subject to such regulations as to the position of such

warehouses and with respect to the opening and closing thereof as the

Collector. with the consent of the Governor with the advice of the

subject to such appro~a l by like notice, to revoke such appointment;

3C provided

$27' & 28' VICTORIZ, No. 19.

DmsroN v*	provided that every such notice shall be published in the Govern-
ment Gazette. rgF

General bond m q be	68. Thc proprietor or occupier of any warehouse approved for the wnrehousing of goods without p a y i ~ ~ e k of duty shall, before any goods are received for wareliousirig therein, give to the Collector
given, &c.
n bond with two sufEcient sureties for the duc payment of duties
due upon all such goods as may be deposited therein, in s ~ c h
sum as the said Coll'ector may rep i re, and subject, to snch regula-
tions as may be approved by the Governor, aud, i11 such cnsc, bond
shall not be required from thc importer, nor shall bond be
required from the importer i11 respect of goods warehoused in warehouses the property of the Crown nnder the management of officers of Customs.

Goodaliable to duty 69. It shall be lawful for the importer of any goods liahle to

may be warehoused.	. duty to warehouse the same in the warehouses so appointed without
payment of ally duty on the first entry thereof, subject, neverthe- less, to the rules, regulations, restrictions, and coliditions herein contained, or such as may be nincle hereafter under the l~rovisioi~s
of this Act: Provided that no such goods shall be Ianded on any day later than one o'clock post n~eridiiln o n ordinary days, and eleven o'cloclr owte meridian on fiaturdays, or in quantity
than can be duly examined and forwarded to the warehouse to be
secured therein within the appointed hours of busiuess.

s t o v a p or gooda in 70. All qaods SO wnrehoused sliall be stowed in such parts or

warehouse. divisions o$ the warehouse as the Collector or other Droner officer of I I

the Customs may direct, and so as to a d d of easy access to crery

package, and if the occupier of the warehouse shall omit so to stow the s m e. he shall, for everv such omission, forfeit the sum of Five Pounds; 'and every such w&rehonse shall be locked and sccnred in such manner, nnd opeuetl and visited nt such timss, and h the presence of such officers, and under such re~ulatinns, as the

be taken out of any warehouse without due entry of the same with	Collector or other proper officer s l d l direct, aud if any goods shall
the proper officer of Customs, the occupier of the warehouse shall
be liable to the payment of the duties due thereon, the amount of which duties may be recovered by action of debt in any Court of the said Province at the suit of the Collector or other proper officer
of Customs.

Occupier of warehouse

to produce goods or	71. The occupier of any war'ehouse in which goods are, under reauest being made bv the Collector or other moser officer of. .
pay the penalties.	the provision of this Act, permitted to be deposited shall, upon
~;stoms, im&ediately produce to such Collector or' o&cer any goods deposited therein or received into his cnstocly, fur the deliverv of which the said occupier has not received an order duly signed by the proper warehouse officer, and upon every failure thereof snch occupier shall forfeit any sum not exceeding One H ~ ~ n d r e d Poonds nor less than Five Pounds over and above the duties to which every
package of goods not so produced may be liable. The

21" & 28" VICTORIB, No, 19. 167

Customs A c t. 1 8 6 4.

DIVISION TIIE SIXTH. I)~vsxorr vt.

The Sixth Division, relating to the bonding and clewancc of goods for home consuinption alld exportation, the deficiency or loss on bonded goods, the clestruction of goods not worth the duty, the supply of stores to ships, tlic sale of goods in bonded warellouscs, the pwctice to be observed in the reguaging or reweighing of goods.

7 2. If any goods which have been ei~tered t o be ~varehoused ~ o o d s not duly ware-

housed, &C., to be

s l d l not be duly carried and deposited in the ~var'ehouse, or shnll forfeited.

afterwards be taken out of tlzc warehouse without due entry and clearmcc, or having been entered and cleared for exportation from the warehouse shall not be duly carried and shipped, or shall after- ~ v n ~ d s bc relaadcd, except wit11 the permissiou of' the proper o&cer of Customs, such goods shall be forfeited; aud any person or per- sons who shall assist or in any way bc concern@d in the removal of any such goods contrary to the true intent a d nlexiiiug of this Act shall forfcit One I-Tundrcd Pounds.

73. All appoititments of wnrcllouses for warehousing of goods Tiously to oontiouo Bonds given pre-

made under the nutl~ority of 2ny law of the Customs in force at the force.

time of thc commcoccm& lxrcof, and all bonds given in respect of

any goods warehoused, or entered to he warehoused under any law

of the Customs in force a t the time of the comme~icemeiit hereof, shall continue in force, for the pnrposes of this Act, and such laat- mentioned warel~ouses shall be subject to the regulations made under the poTivers hereinbefore contfiincd.

74. In case of any embezzlement, waste, spoil, or destruction of Embezzlement, &C., of goods warehcused

any goods, ~ ~ a r c l ~ o u s e d uilder the authority of this Act, by or though through wilful mia-

anv misconduct of a w ofliccr ol' Customs, sucll officer s h l l be condu"OfOffiOcrs. r/

deemed guilty of a misdemennor, and shall, upon conviction, sufeer S I L C ~ punisbmerlt as rnny hn inflicted by law in cases of misde-

importer, consignee, or proprietor of such goods, no duty shall be	meanor, and if soch officer shall be prcsckoted to couviction by the	payable for or in respect of such goods, and no forf'eiture nor seizure
s l d l take place of m y goods so warclroused in respect of any de-
ficiency caused by such enrbezzlement, waste, spoil, or destruction of such goods; nfid the damages occasioiied by such waste, spoil, or destruction of such goods sltall be repaid and made good to such importer, consignee, or proprietor, under snch regulations and directions as shall be for that ~ u r p o s e made and given by the Governor.

75. If any goods warehoused shall bc irreg~darly or fraudulently concealed G O O ~ S fraudulently or removed

conceded in or removed from the w;irehouse, the s:me shall be for- forfeited,

feited, and if the importer or proprktor of any goods warehoused,

or m y person i11 his eiuploy, ~ l i d l by any co~lt-rivance cla~~dcstinely

or fraudulently open the warehonse to p i n access to the goods, Penalty on opening

such importe; or proprietor shall forfelt and pay for every such the wprr~oureuith.

offence out the oaoer, 1600.

27" & 28" VICTORZZ, No. 19.

Customs Act, -- 1.86 4.

D I ~ I ~ N yr. offence not less than One IIundred Pounds nor exceeding Five Huudred Pounds.

ACCOW~ ofgwdoods to 76. Upon the entry and landing of any goods to be warehoused, the proper officer of Custouis shall take a particular account of the same, and shall enter the same in a book to be kept for that pur- pose; aud no goods which have been so warehoused shall be taken or delivcrcd from the warehouse, exccgt upon due entry and under the care of the proper officer for exportation or removal coastwise,

be taken on landing.

or upon due entry and payment of the duty for home use.

Oooda may be re-

stored and repacked. 77. It shall be lawful for the Collector, under such regulations

as shall be approved by the Treasurer, to perinit the proprietor or other person having the control over any goods so ware- housed, to sort, separate, peck, and repack any such goods, and to make such l a w f ~ ~ l alterations therein or slrra~gernents and assort- ments thereof as may be necessary for the preservation of such goods or in order to the sale, shipment, or kgd disposal of the samc, and also to pennit any parts of such goods SO separated to

be destroyed, without pnyiuent of any duty thcreon, nnd to draw off'

any spirits into caslrs, c6ntaining ndt less than twenty-five gailons, and to separate and repaclc not lcss than one hundred pounds of tobacco, to be disposed of for home consumption; and to draw off any spirits into casks, containing not less than five gallons, and to repaclc any quantity not less than twenty pounds 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 casks of the same respectively secured in the same warehouse, and, in the warehouse, to draw 08 and mix with any wine any brandy secured in the sa&e warehouse, upon which br&dy the dGties shail

have been duly paid; and also, in the marchcluse, to take such

moderate snmp"ies' of o o d s, as may be allowed by the Collector or other proper officer of Cnstonis, without entry and without payment of duty, except as the same Inay eventually become payable

as on a deficiency of the original qunn&ty: it shall be lawfd for any person to abandon any whole packages to Provided always, that	the oEcers of the Customs for the duties without being liable to any
duty upon the same.

Spirit may be deli-

vered free for fortify-	78. I t shall be lawful for the Collwtor, under soch regula- tions as shall be approved by the Treasurer, to allow any quautity oct less than fivc gallons of spirit to be delivered duty free from any
ing wine.
bonded warehouse for the purpose of fortifying wiue the produce of the said Province, in the proportion of ono gallon of spirit to
ten gallons of wine: I'rovided that no spirit shall be deliventd for such purpose unless the wine to be fortified be or shall be, when so fortified, under the strength indicated by proof strength of thirty- fivc dcpees; and where spirit shall be delivered for the purpose
of forbfyiug such wine, tlic quantitv shall not exceed in each case
more than sufficient to bring the wihe to thirty-five degrees of proof
strength.

79" At

27" & 28" VICTORIB, No. 19.

At such time and place aud under sncll replations, conditious, and restrictions as the Collector shall, from time to time, require DIVISION vr.

79.

Tobacco for sheep-

and direct, it shall be lawful for the importer or proprietor of any

wash.

tobacco to soak thc same on the landing thereof from the importing ship, or on the delivery thereof from the warehouse, in turpentine, oil of tar, or other fluid, in tlie preseixe of some oficci* of Customs; so that the same shall and may, to the satisfaction of the proper officer, be effectually rendered nnfit and useless for human con- sumption, and for every other pmpose, except that of sheep-dressing; and such tobacco s l d l be admitted as L'Tobacco for Sheepwash."

80. All goods entered on Collector's order, or to be removcd from

ally baggage warehouse, shall be entered or removcd under such

regulations, as may be approved by the Treasurer.

Baggage warehouse.

Goods not removed

81. All goods deposited in any baggage wareliouse, and not duly cleared therefrom within three calcndnr mouths, may, if tllc same

from a baggage ware-

house may be sold.

cannot be sold fox* iz suin sumcient to pay the duties and charges thcreon, if offered for sale for home consumption-or the charges thereon, if offered for sale for exportation, be destroyed by the direction of the Collector.

82. Any goods warehoused at any port in the said Province may be re~noved

from one warehouse

Goods may beremoved

by sea or by inland carriage to any other port in which to another.

the like kind of goods may be warelroused on .importation to be re- warehoused at such other port, and again as often as may be required a t any other such port to be there rewarehoused, or with the permission of the proper officers from m y warehouse ia any port to any other warehouse in the same port under such regula- tions, and with such security as the Collcctor may direct, on the delivery to the proper officer, by the person requiring such removal,

of a request note stating the particulars of the goods required to be

removed, the name of the port or of the warel~ouse, 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 Cdlector

OY the proper officer may direct or require.

An account of goods

83. On the delivery of any goods for removal, an accouut contain- removed to be trana-

ing the particulars thereof shall be transmitted by the proper officers	mitted and bond to
of the port of removal to the proper officers of the port or place of	?E given,
destination, and the person requiring the removal thereof shall enter into bond with one or more sufficient surety or sureties in R sum equal at least to the duty chsrgeablc oil such goods for the due arrival and rewarehousing thewof at the port or plscc of desti- nation within such time, to be named in the bond, as the Collector
m y direct; such bond to be t&en by the Collector either of the
port or place of removal, or the port or place of dostillation as shall best suit the residence or convenience of the parties interested in such removal; and, if such bond shall have been given at the in- tended port or place of destination, a certificate thereof, under the
hand of the Collector of su J port, shall, at the time of tlhe entering

of

27"	228" VICTORIB, NO, 19.
Customs A c t. 1 8 6 4.

Dxvraxon m.	of such goods, be produced to the Collector of the port of removal; and sue11 boud shall not be dischaqed unless snch goods shall have
been produced to thc proper officcr, and duly rewarehoused at the
port of destination within the time allowed tbr such removal, or
shall have beerr otherwise acco~mted for to the satisfhction of the Collector, nor until the full dotics due upon any deficiency of such goods not so accounted for shall have been ?aid, but any remover may cntcr ieto gc~ieral bold with such sureties in such amount', and under such conditions as tlie Collector may approve for the removal, froill time to t h e, of m y goods fYom one ware- house to another, and for the due arrival and rewarchousiug of thc samc a t the place of destination within xuch time or times as the Collector may direct.

removed to be

subject t o same regu- 84. Upon the arrival of such goods a t the port or plnce of destinn-

latmns ae on i r n~a r - tion, the same shdl be entcrcd and warehoused in tlic snmc inarii~cr

*

tation.	and Loder and subject to the mme laws, mles, and regdntions, so
far as the ecme are or c m be tmdc npplicable, as arc rccpirecl
on the entry and warehousing of goods on tllc first import t' cZ 1011
thereof.

Goods removed may	85. If upon arrival of goods so removed as aforesaid at t l ~ e	port
be exported, or duty

paid on removal.	of destination, tlie importer or proprictor s l d l be desirous forthwith
to export the same, or to pay duty there011 for home use, without actually lodging tlic same io the rvurehoosc for wliieh they have beell entered and examined to be rewarehouscd., tbc officers of Customs at such port may, after nl l the formalities of entcriog aid exanlining such goods for rewarehousing have been duly perfornled, permit the same to be entered and shipped for exportation, or to be
entered and clelivcrcd for lioine use, upon puymellt of the dnties
due thereon, as if such goods llad been actually lodged in such warehousc; ancl all goods so exported, or for which the duties have been so paid, shall be deemed to have i* been duly cleared from the warehouse.

oharges have been	*~eOf~OOasonwhich 86. If the warehouse charge br rent on any goods deposited in
unpairi for twelve any ~ u c h warehouse as aforesaid, shall be i11 arrcar for the space of
mohtb. tGelve co~lsecutive calendar mohtlis, such goods, on the Cvrittcn application of the proprietor or occupier of such wnrchouse, to the Collector, shall, after one calendar inouth's notice in the Goz?er.n-

ment Gcczette be sold by order of the Collector either for home use or for exportation, nlid the proceeds tlweof slrnll be disposed of as

nearly as may be in the same mailiier as the proceeds of warelmused

goods not cleared or exported at the time beforementioiicd.

w ~ e h o u s c a goodat0 87. All waxeho~ued goods shall be c l e a i d either for home use or

be cleared in two

years.	exportation, or rcnioval coastwise, a t the expiration of two ycars fro111
the day on which the samc were so warehoused, or witliin such
further period, and in such cases as the Collector sliall direct, unless the owner or proprictor of such goods slid1 be desirous ofre-
warehousing the same, in which case tllc sixrue did1 be examiaed by

the

27" & 28" VICTORIX, No. 19. 17i

tlic proper oficers, ancl the duties clue upon m y deficiency or differ- D ~ ~ ~ s r O ~

encc betwceo the quantity ascertained oil lnuding,, 2nd the qoantity ~ u t y

the same or nocj, and a verdict shall be given for the plaintiff, if the Court or Judge before whom such actiuti, iudictment, information,

or other proceeding shall be tried shall certify ou the back of the

record or other proceedings that there was probable cause for such

seizure, then the plaintiff shall not be entitled to more than Twopence

damages,

27" & 280 VETORIB, No. 19.

damages, nor to any costs, nor shall the defendant in any such DIVISION	xrv.
rosec cut ion be fined more than One Shillinz. and the nroduction of

I U I

such certificate, or a copy tllereof verified hy the sig&ture of tllc officer of the Court having charge tllcrcof, sllall be sufficient

evidence of s~rcEl certificate.

As to actions against officers of Customs:

244. KO actiou shall be conmenced against any officer of the Notice of ndion.

army, navy, or mnriycs 011 full pay, or of' the Customs, or i~gniust to give evideuce of any cause of action other than socl1 as shall have been disclosed in such affidavit.

any pwson acting nuder the directio~l of the Collector for any-

thing done in the executim of or by reason of his oece, until telr

days next after imtieo iu writing sllail h v r: been delivered to him

or left a t l i s nsual place of abode by the plaiutiff, his attorney, or

agent, in mllich notice slid1 be clearly stated the cause of sction

and the Court in which the sanw is intended to be brought, tllc

miue and phce of abode of the plaintiff, and the naine and place of

business of such attorney or agent, and if any action shall be com-

menced against anv sucli officer or person, and no sucli notice shall

have been given, Huch o f h e r or pcrsou may call upon the plaintiff

to estddish to the satisfiaction of tlic Court or .z Judge 011 atlidavit,

that such action is bro~ght for some act, niatter, or thing, not done

in the execution of or by reasoil of his office, and if the plaintiff

shall fail so to satisfy the Court or Judge, such action shall he

stayed: Provided always, that if thc plaintiff sl~all so satisfy the

245. Tipon the trial of any action bronglit in pnrsunnce of such Evidcnco limited to

notice, the pluiotiff shall not be cutitled to 'a verdict without proving BL1''ject	in
on the trial that such notice had been duly served, and in default of such proof' the def'endaot in such action shall receive s verdict, nor shall any such plaiutiff be at liberty to produce any evidence of any cause of action except such as has bee11 distiuctly stated in such

notice. 246. I t &all be lawful for any officer or person to whom such Teder of amends.

notice ~11211 be giveil, a t any time witllin ten days after service of such notice as aforesaid, to teuder amends to the plaintiff, his attorney, or agent, and in ease such amends be not accepted to plead such tender in hnr of the action, together wit11 the plea of '' Not Guilty," and other pleas with leave of the Court where such leave is or shall be by law required or necessary, nud if upoil tlre trial of such action thc Jury shall find the amends so tendered sufficient,

they shall give a verdict for the defendant.

247. Every ~ u c h action against any such officer or person 8s Iimitationsofaotians and general issue.

aforesaid shall be conmelicecl wit,hin two calendar months aftcr the cause of action shall have arisen, and if such sctioli be brought in respect of any seizure lnado by such officer or person, such cause of action shall not be deemed to have ai*iscii until the day after the trial

of

270 & 28" VICTORIX, No. 19.

Customs A c t 1 864.

-

n n ~ r o n x ~ v. of the informatioll with respect to such seizure, and thc veuue in such actiou shall be local, and thc defendant may plead the general issue,

and give the special matter in eridcnce in the trial thereof.

Plaints in Local

218. In the event of 2ny party complaining, or resorting for redress to the Local Court, the proceeding? and couduct of thc suit s ldl be regulated as nearly as the cm~mstauces of thc case d ~ a l l allow, in coriforiuity with the provisioils of tllc Acts and

Court.

orders which govern Lhc procedure ancl practice of such Court:

Provided always tlmt no such action shall bc 6rongllt in any Local Court if before being served wit11 a swnlnons in m y soch action

the person on whom s11c11 notice s l d l have becn served, or his

attorney or a ~ e n t, did1 give a writtell notice to the party so- corn- plainin.. as aforesaid, tlmt he objects to bring sued ill liucll Local ;7 Court for such carrsc of action, m d if any such action shall bc so brought in such Local Cvurt .zfi,er such notice, all proceedings in such action shall be stayed.

Crown Solicitor 2nd

249. Thc Attorney-General or Crown Solicitor, or any clerk duly appointed to act on belrnlf or ~ulder t l ~ c directions of the said Attorney-General or Crown Solicitor, and tllc Collector, or any

Oecers

may conduct cases.

officer of Customs lincler the order and directioli of the Collector, may prosec~~tc, defend, or coilduct any proceeding before any Jus-

tice, in m y case or matter relating to the Customs to be heard or

cleternlinecl by such J~~s t i ce.

giatry Act may be

Penalties under Re-

250. All penaltics aud forfeitures inflicted ailcl incurred under any Act or St:itute relntii~g to the registry of ships, shdl and may

suca for in this CO-

lony.

be soed for, prosecuted, heard, determined, and disposed of it1 such mmner as any penalties or forf'eiturcs are herein directed to be

heard, determined, and disposed of.

Power to make by-

laws.

251. For the purpose of carrying out the provisions of t8his Act,

the Collector shall have power to make such by-laws, orders, rules,

and regulations, subject advice of the Executive Council, as inay BC necessary, provided to the a p p r o ~ i ~ l of the .Governor, with the such ly-laws, orders, rules, and regulations shall be published in

the Gorcrnment Caxeite before they slldl come into force.

E~istingregulationsto	258. All orders, rttles, and reg~~lations	now in force relating to
remaiu in force.

the Custonis, or to the duties, or officers thereof, ~z~ade under

any Act or Acts relating to the Customs hereby repealed, shnll rerrlaiu in force until altered, rcvokccl, or rescinded, or others made

in lieu thereof, tlnd all acts done in purstmnce of any snch orders,

rules, and regulations shall be valid.

abort title,	253.	This Act may he cited as '' The Customs Act, 1864."
In the name and on behalf of the Queen I hereby assent to

this Act,

D. DALY, Governor.

FIRST

27" & 28" VICTORIX, No. 19.

-

FIRST SCHEDULE.

F o r m of Information before Justices o f the Peace.

Be it remembered that A. B. informs me, the undersigned, one of H e r

to wit. Majesty's Justices of the Peace-

That C. D. did unship [or waq aiding or concerned in unshipping') certain goods to wit [here menlion the goods generally] contrary to section of the Customs,

Act, 1864, whereby the sdid C. D. has forfeited the sum of

being treble the value of the said goods rot. the penalty of One Hundred Pounds,

as the case nzay b.,] for which the Collector has elected to sue.

COUNT 2.

That C. D., being [or not being, as the case ?nay 6e,] a subject of Her Majesty, was on board a ship or boat, part of the cargo of which was thrown overboard, or staved, or destroyed, t o prevent seixurc, contrary to scction of the Customs Act, 1864, whereby the said C. D. has become liable to be imprisoned as is therein directed,

COUNT 3.

.

That C. D., being [or not being, ns the case may ae,] a subject of Her Majcsty

was found or discovercd to have bccn on board a ship or boat contrary to aection

of the Customs Act, 1864, whereby the said C. D, has becqme liablc to be

imprisoned as thercin directcd.

COUNT 4.

That C. D. was on board a ship or boat within a port [bay, harbor, or river] of the Colony, contrary to section of the Customs Act, 1864, whereby the

said C. D. has forfeited the sun1 of One Hundred Pounds.

'i'liat C. D. did make and subscribe a false declaration [or document] purporting to be [here state the nnlare of ~ J L C ~ O C ~ Z C M ~ ge.nerully], the same being false and

untrue, contrary to section of the Cmtoms Act, 1864, whereby the said C. D.

has forfcited the sum of One Hundred Pounds.

That C. D. did untruly answer a certain question put to him by

an officcr of Customs, contrary to section of the Customs Act, 1864, whereby

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

COUNT 7.

That C. D. did counterfeit or falsify Lor wilfully use when counterfeited, or

falsified, a s the case may be,] a certain document, purporting to be [here state the

nature oj7t i ic docunzent generally] contrary to section of the Customs Act, 1864,

whereby the said C. D. has forfeit.ed the sum of One Hundred Pounds.

COUNT 8.

That C. D. did fraudulently alter [or counterfeit, as the case n2ay be,] the seal,

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

of the Customs Act, 1864, whereby the said C. D. has forfeited the Rum of One

Hundred Pounds.

C o n ~ r 9.

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

owner [or mzster, aa the case may be,] was unlawfully used in exporting, importing, shipping, unshipping, landing, removing, carrying, or conveying, certain uncus- tomed or prohibited goods, to wit [here mention yenera& the goods], contrary to

fitletion of the Customs Act, 1864, wllerebf the said C. D. hae forfeited the

sum of which the Collector has directed to be saed fcr in

this case. COUNZ

3Q

2T0 & &B0 VICTQRIZ, No. 19.

Customs Act .1864.

COUNT 10.

That C. D. was driving or conducting a cart, waggon, or other conveyance, and refused t o stop, or to allow the examination thereof, when required in the Queen's name, contrary to section of the Customs Act, 1864, whereby the said C. D. has forfeited the sum of One Hundred Pounds.

COUNT 11.

That C, D,, an officer of police, having detained certain gc~ods, to wit [here

;szention generally the goods], on suspicion of their being stolen, neglected to convey

the same to the proper warehouse [or neglected to give notice thereof to the

Collector, as the case may be,] contrary to section of the Customs Act, 1864,

whereby the said C. D. has forfeited the sum of Twenty Pounds.

COUNT 12.

That C. D. obstructed a person duly employed for the prevention of smuggling, contrary to section of the Customs Act, 1864, whereby the said C. D. has

forfeited the sum of One Hundred Pounds.

COUNT 13.

That C. D. denied the possession of certain foreign goods to [here mefition

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

case may be,] in his possession, contrary to section of the Customs Act, 1864,

whereby the said C. D. has forfeited tlic sum of	bcing treble tho
value of the said goods.

That C. D. was concerned in importing certain prohibited or restricted goods, to wit [here m e n & t yenerally the goodsl, contrary t o section of the Customs

Act, 1864, whereby the said C. D. has forfeited the sum of

being treblc the valuc of the said goods [or thc penalty of One Hundred Pounds,

a s the case may be,] for which the Collector has elezted to sue.

That C. D. was concerned in unshipping [shipping, harboring, or having

possession of] cert,ain prohibited, restricted, or unaccustomed goods, to wit [here

mtrrtion ge?zeralZy the goods], cont,rary to section of the Customs Act, 1864,

whereby the said C. I). has forfeited the sum of being treble the value of said goods [W the penalty of One Hundred Pounds, as the case mu2 ae], for which the Collector has elected to sue.

COUNT 1G.

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

.~,zcntiofz generatly the goods], from a marclmuse, or otherwise illegally deahng with

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

of the Customs Act, 1864, whereby t.he said C. D. has forfeited the sum of

being treble the valuc of the said goods [or the pcnalty of One Hundred Pounds, as the case m a y be], for which the Collector has elected to sue.

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

d e a h g with, certain goods, to wit [here menjio72 yenerally the yoods], with intent t o defraud Her Majesty of thc duties of .customs in respect thcreof, contrary to section of the Customs Act, 1864, whereby the said C. D. has forfeited the sum of being treble the valuc of the goods [or the penalty of One hundred Pounds, as the case mny be,] for which the Collector has elected t:, sue.

COUNT 18.

That C. D. was concerned in the removal of certain goods, to wit [here m e n t h

generally the goods), or otherwise dealing with the same, contrary to section

of thc Customs Act, 1864, whereby, the said C. D. has forfeited the Burn of

being treble the value of tlle said goods [or the penalty of One Hundred Pounds, a s the case may bc,] for which the Collector has

elected to sue.

COUNT

2'1" & 28" VICTORIB, No. 19.

Czcstoms Act.-1 864,

COUNT 19.

That C. D. offered for sale certain goods, to wit [here ment ion generally the

goods], contrary to section of the Customs Act, 1864, whereby the said C. D.

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

That C. D. was concerned in tile assembling of persons contrary to section

of the Customs Act, 1864, whereby the said C. I). has become liable to be imprisoned

as therein directed.

That C. D. obstructed persons em~~loyccl for thc prevention of smuggling, or was

concerned in the rescue or attempt at rescue of seizetl goods, or i n the destruction, or attempt at destruction thereof, contrary to section of the Customs Act, 1864, whereby the said C. D, has become liable to be imprisoned as is therein directed.

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

day of , for being dealt with contrary to section Lhere i r m r t the s c c h n

m j g u ~ e s ] of the Customs Act, 1864, whereby the said goods have become liable

to forfeiture, and that C. D. of , has claimed the same.

Exhibited to and before me

the day of , in

in the year of our Lord . 1

F o r m o f S u m m o n s on Infor~nnt ion.

T o [C.	D.	]
Whereas an information has been exhibited by [A. B.] an officer of

to wit. ] Customs, under the direction of the Collector, before me the under-

signed, one of Her Majesty's Justices of the Peace for that, &c.

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

, on the day of instant To). next], at the hour of

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

Given under my hand and seal at in the of

this day of , in thc year of of our Lord .

Form of S u m m o n s of8 In furmat ion for Condemlzation o f Seiztwes.

T o of

in the of

1 An information having been preferred bg [A. B.] an officer of Customs,

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

IIer Majesty's Justices of the Peace, for the condemnation of [here state the goods]

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

dealt with contrary to section	of the Customs Act, 1881, and clilirned by
you.

'L'hese are to require you to appear before me or such other Justice or Justices of

the Peace as may be present at in the o f , on the

day of Lixlstant or3 next, at the hour of o'clock in the fore-

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

forfeited.

Given under my hand and seal at in the of 9

this day of in t,he year of our Lord .

To

You are hereby r ~ q u i r e d personally t o b:, and appear on the day of

to wit. , a t the hour of o'clock in the forenoon, at in

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

the of

Peace

2Y0 & &g0 VICTORIZ, No. 19.

Customs A c t. 1 8 6 4.

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 Custonis Act, 1864, and herein fail not under the penalty therein provided.

Given m d e r my hand and seal at in the of this

day of , in the year of our Lord .

F o r m of Conuiction.

Be it remembered that on this day of , in the year of

to wit, ] our Lord 3 at in the of C. D. i~ con~ict~ed

before me [or us as the case m a y be] the undersigned, one [or two] of Her Majesty's Justices of the Peace, for that he the said C. D. [here slate the ofence, as in the

information] and [where the party has been convictecl o f nn ofence punishable b y pecuniary penalty and imprisonme~zt i n default o f payment] I or we adjudge the

said C. D. for his said offence to forfeit and pay the sum of , which Lt f

such be the case] I or we miiigate to the sum of , and if the said sum of

be not forthwith paid I or we adjudge the said C. D.

to be imprisoned in Her Majesty's Gaol at, in the o f 9

until the same be paid [or w h w e i t shu1Z hove been so arljudirated, and instead

o f the words, L L until the samr shall bc paid," the u ~ o r d s for the period of six calendar

months unlcss he shall sooner pay the said sum of "1 or [tuhrre the party

has 6een convicted of a n ojence punisi'lnble hy imprisonment with hard labor] I or

we adjudge the said C. L). for his said offence [and where the party has t eenpre - viously convicted 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 at , in the of this

day of , in the year of our Lord

F o r m o f CommitnzenB f o r non-payment o f a Pecuniary Penalty.

l To [A. B 1 an officer of Customs, and to the keeper of the gaol at

to wit. , in the of

[C. D.] having been this day convicted before me [or us as the case m a y be1 the

undersigned, one [or two] of Her Majesty's Justices of the Peace, upon the infor- mation of [A. B.] an officer of Customs, of h ~ v i n g [here slate the ofence generally

and the date thereof] I [or we as lhe case may be3 did adjudge that the said

[C. D.] had forfeited for his said offence the sum of , [adding if

mitigated] which I [or we as the case m a y be] mitigated to the sum of Y

which has not been paid.

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

keeper thereof.

And I [or we] the said Justice or Justices [as the case ?nay 6el do hereby autho-

rize and 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 discharged according to law [or i f i t be so adjudicated ir~scr t

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

months, unless he ehall sooner pay the said sum of ." 1

Given under hand and seal at in the o f

this day of , in the year of our Lord .

F o r m o f Commitment to H a r d LaZor

\ To [A. B.] an officer of Customs, and to the keeper of the gaol [or house

to wit , of correction a t 1, in the of C. 11. having

been this day duly convicted before me [or us as the case nzay he] the undersigned, one [or two] of Her Majesty's Justices of the P e a c ~, upon the information of

[A. B.- an officer of Customs, of having [here state the ofence generally and date,

theraofj I [ o r we ar the case may be] did adjudge that the said C. D. ahould for

hie

27" & 28" VICTORIB, No. 19.

Customs. Ac t. 1864.

his said offence fg p ~ e v i o u s l y coszvicled say " he having been previously convicted"]

be imprisoned in tllc a t , in the said o f , and

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

These are to command you forthwith to convey the said [C. D. to the said ,

and to deliver him to the said keeper thereof, ancl I [or me) e said Justice or Justices [as the case m a y be) do hereby authorize and require you the said keeper to rcceive and take the said [C. D.] into your custody, and him safely to kecp to

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

Givcn under hand and seal a t in the

of ihis day of in

the year of our Lord

Form of Condenznatio~t of S&ed Goods.

Be it remembered that an information having been exhibited by [A. B.]

to wit. an officer of Customs, before me the undersigned, one of Her Majesty's

Justices of the Peace, for the condemnation of There statc, the goods] for being

dealt with contrary to section of the Customs Act, 1864, whereby the same bccamc liable to forfeiture; and which said goods having been claimed bp [C. D,) of, who was duly summoned to show ciruse why the same should not be condenmod as forfeited, and thc forfeiture

thereof having been duly proved befdre me or us [us the case may be1 1 or ;ye Las

the case may do adjudge the same to be forfeited, and do condemn the same

accordingly.

Given under hand and seal a t in the

of	this	day of	,	in the year of our
Lord

SECOND SCHEDULE.

Report

~~~b~~ of crew. Name of Master,

I and whekher Port or

Ship's I Owner's / If British ~ t a t c thc I a British or place from

Name. Name. port of registry; I foreign sub- whence

British Foreign ject,

if forcign state Seaman. Seamen. arriyed.

I I I the country. l

1 [ H e r e state the pnrliculars according to the d o v e headings.]

Total

I l l 1 I -I I

Cargo.

1. 4. 5.

Packages and dcs-

criptions of goods,

Name or	particulars of goods,
names of	stowed, loose, and Particulars of
places where	gcneral denomina- packages and Goods (if any) to
laden in order	tion of contents of Name of goods (if any) be transhipped

of time. each packuge of ConL'g nee. for any other or to remain

spirits, tobacco, ci- port in the on board for

gars, or snuff in-	Colony.	exportation,
tended to be im- ported at this port,

-W_.

[Here state theparticulars according to the above I~eadz'ngs, or gin 6aZZast

state in ballast only."]

- I l l l l l

27" & 28" VICTORIB, No, 19,

Customs A c t. 1 8 6 4.

Stores.

I

Surplus stores remaining on board,, I

viz.- . . .. *

Pilots' names . m . I a

A t what station ship lying,.	.	.
Agent's name and address.,	.	.

I declare that the entry above written is a just report of nly hip and of her lading,

and that the particulars therein inserted are t rue to the best of m y 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 (ixcept at) Lstuting ?ohwe,

if any where]. (Signed) Master.

Signed and declared this

day of

'In presence of

(Countersigned)

Collector.

THIRD SCHEDULE.

Entry.

Port of [name ofport importationl.

Whether "prime" or	p s t ;"	and if post, date of prime entqy
Importer's name

Kharf, Dock, Whether British or Port or place

or Station. Bhip's Name. Foreign Ship. M/fasteris Name. from whence

Imported. l

[Here state the particzclars according to the afiove headings.]

Marks. Nos. Number of Fackages. Description and quantity of Goods.

[Here state the particzclars nccording fo the dove hendings.]

Total amount of duty payable

on his entry .. ..

Dated this day of l 8 .

(Signed)

Importer or [Agent].

I, [name of importer or agent], of [place afabode], do hereby declare that I am the

importer

27'0 & 2S" VICTORIAC, No. 19.

importer (or agent duly authorized by A.B., the importer,) of the goods contained in

this bill of entry, and that I enter the same goods as of the value of

Lmoney ifi words at length].

Witness m y hand the day of 18 .

Importer [or Agent].

FOURTH SCEIEDULE.

l	-	l
l

Wharf, Dock, I Port or place Numc of

I Whether Critish Blaster's

01' ship's Name. Xarne. from whence Importer or o f

Station, imported. his agcnt.

I l

[Here state the particzt ln~s accord;?zg to the ahoue headings.]

1

l 1 l

p 1 Nunibcr UP Pnckages, with the bcst description of the Goods the

( Narks. I P\'umbccs.

Importer is able to give.

1 PHere slate the particerlnt.~ according to the above headings.]

1, , the importer (or agent to the importer) of the goods

above mentioned, do hereby declare that I have no t [ tyz ' )qwr far], or that, to the best of my knowledge, hc has not [vjCagend], received sufficient invoice, bill of iading, or other advice from whence the quality, quantity, or value of the goods above men- tioned can be ascertained.

Dated this day of , 18 .

(Signed)

Impox ter [or Agent ,]

(Signcd) fl 11

FIFTII SCHEDULE.

Entry Outwards.

Por t of [ m m e o f p ~ r t of eq~or ta f iow].

-p---p

I f British, state the

purt of registry; f

Ship's Namc. Tonnage. Masterps namc. Owner's name. Port O

i f Foreign, destination.

thc country. , I l

Lying at [nanze of a tation or place in port].

(Signed) Master [or Agent].

Date of Entry.

[If sh+ shall have comnzemed

her lading at any other port

name o f such port.] SIXTH

S I X T H SCHEDULE.

Shipping B i l l for W a d m u s e c l or Bmzc6aclc Goods.

[State as above r1escr;bed the class to which the goods to be exported belong 1

l The port of

Ship's Name. Whether British or Foreign. Plaster's Naxuc.

l destination.

----

. _ . * -

i

[liere state the p a r t i c u l a ~ s accorcling to the above heacli lp.]

p---- . l _

-

p -

p

Description of Qunntity, quality, and dcs-

Marks. Kunzbers. paclragcs. ~ r i p t i v n of g00C1s.

l --

--

- 1

l l

[TIere slate the pnrticuZ(trs according fo the cthcvc headings.]

- t l l

Total numbor of packages	.. .	.	.	.	.	.	..
[ l i r e state the puuutz'ty and clescr+tion ilz ujords,

I claim drawback on at lenyth, of any goods in respect o f uihicii

cl.r~ntobacll:	is claimed.]
(Signed)

Exporter [or Agent,]

Station of clearance

(Countersigned)

Officer of Customs.

day of 186.

SEVENTXI SCHEDULE.

Bill o f Entry for Goods Fwe of Duty.

The value o f South Australian

Description o f Quantity, quality, and

Marks Kumbers. and of Foreign,

packages. description of goods, including British goods.

-p--

Total number of packages, Total value,

27" & 28" VICTORIE, No. 19.

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

(Signed)

Exporter [or Agent.]

S tat ion of clearance

(Countersigned)

Officcr of Customs.

Dated this day of 18 .

e

EIGHTH SCHEDULE.

Col2 tent.

--- P

Port of

' E(utnLor If British, port of Number Antno Number of

Owner's '

ship's name. name. of rcgistry; if forcign, of of passengers

guns. the country. crew. Master, or troops.

--C- --.---.-W

British goods and foreign goods

Dra~t-back and

Warehoused gooda, free of duty and not for drawback,

restricted goods. and South Australian goods.

'If a n y, state +narks and [Tfnny, state desc~iptiotz [If any, slate sundry packages

iumbers o f packages.] uf packages.] containing" either class as the

case may be.]

[lf any goods shaZl have teen reported inwards for exportation in suck sh$, they

must be so stated.]

Cleared Examined

Dated (Signed)

Officer of Customs.

I do declare that the above content is a true account of all goods shipped or intended to be shipped on board the above-mentioned ship, and correct in other particulars.

(Signed) Master.

Signed and declared this day of

before me

(Signed)

Collector.

27" & 28" VICTOEIX, No. 19.

NINTH SCH-IEDULIII.

- - f i nmire.

Port of -

- -- p--.--.-------

l

Ship's namc.	O~+-ner's	name. ,Tcnnage.	l	Port of registry.	Master's name.	Whither bound.
1	m

p--	l	-	-	-	- -
I
l

[Here state the particulars accordlizg to Ae above heaclings.]	l	l
i

l l

Foreign gotrds, distinguis1:irg 1 Irerc ntr tc sundry other pood3"

walehouscd goods rcinovcd Qumtities. or no other good^," as the case

under bond. mny be.

[Here stade the particulars accordi?lg to the , above heatE.i~zgs.]

(Signed)

Master.

Cleared the day of 18

(Signed)

Collector.

%

Adelaide: Printed by authority, by W. C, Cox, Oo~cnunent Printer, Victuria-square.