Customs amendment (1841) (WA)

WESTERN ATJSTRA LIA.

ANNO QUARTO & QUINTO,

VICTORIA] BEGINS

No. H.

An Act to renew and amend an Act entitled

"An Act for the Regulation of the -Gus-

toms of Western Australia."

AV- BEREA S in the second year of the reign of Her present Ma-

V I jesty Queen Victoria, an Act was passed entitled "An Act for 2 V'ictoria a.

thle Regulation of the , Customs of Western Australia:" And whereas

it is expedient that the said Act should be renewed, with such Etptialicat to mot and

amendments and alterations as are hereinafter stated. amend.

4th & 5th Viet. No. 2. 1841,

SOutics to he received by I. BE it therefore enacted, that from and after the passing of this

Collectors and Sub•col- Act all Duties chargeable by virtue of any Act in force in this Colony

lectors. a

shall be paid to and received by the Collector and Sub-Collectors of Colonial Revenue for the time being, to be appointed from time to time by the proclamation of the Governor for the time being or the

Covcrnment Residents said Colony. And that in the mean time, and until some proclama•where no Collector ap- pointed to act as Sub-Col- Lion to the contrary, the Government Residents at the several ports

lector of the Colony shall act as Sub - Collectors for the said ports respec-

Collector's or Sub-Collect- h tiv dv • and that the receipts of such Collector or Sub-Collector (and

or's receipt alone to L , 2

alSCharge for payment of such receipts only) shall be good and sufficient discharges for the par

duties. meat of any duties payable under this Act, and alledged in such re-

ceipts to have been received.

Inferior officers of Cus-

toms to be appointed by Col lector II. AND be it further enacted, that it shall be lawful for the said

Collector or sub-Collec- or Sub-Collectors to appoint in writing (with the approba-

tor, with concurrence or tjon of the Governor) all necessary inferior officers for the purposes

Governor,

of this Act.

AND be it further enacted, that every person employed on the order or with the concurrence of the Governor, or of the Com, missioners of her Majesty's Customs, (whether previously or subse-

Every person employed III.

in the service of the Cus-

toms to he deemed an	any duty or service relating to the Customs of the said Colony by
Officer of Customs.
Proof of such service to	quently expressed), shall be deemed to be an officer of the customs
evidence of being an Offi.
be sufficient primit facie	for that duty or service; and if a question shall arise in the course of
ter 9f the Customs.	any legal proceeding whether any such person he an officer duly
authorised, evidence of his having acted as such shall be deemed suf-, ficient in the first instance, and such person shall not be required to
Such Officers to be com-
petent witnesses, notwith-	produce his commission or deputation, unless proof a ppear to the cone
standing their being enti-	trary ; and every such officer, or any person acting in his aid or as-
tled to any share of any
seizure or penalty in a	sistance, shall be deemed a competent witness on the trial of any suit
suit for such seizure or	or information on account of any penalty sued for, notwithstanding
penalty.	such officer or other person may be entitled to any part of such seiz-
ure or penalty.
Collector or 'Sub-Collec-

AND be it further enacted, that it shall be lawful for the said Collector or Sub-Collectors to require and exact all Declarations re- quisite under this Act, or by any law in force in this Colony for the purposes of this Act.

tors to require all neces- IV.

sary declarations.

Officers making collusive V. AND be it further enacted, that	if any officer of the customs,
i

seizure or accepting

bribes to Surfeit £100. or other person duly authorised to act as such, shall make any collu-

sive seizure, or deliver up, or make any agreement to deliver up, or

1870 , 4th & 5th InctoOm., , Nol. t

-not to seize-any. vessel or boat or goods liable to forfeiture, or shall take any bribe, gratuity, recompence or reward for the neglect and non:performance of his duty, every such officer or other person shall forfeit; for every such offence, the sum of one hundred pounds.

•AND be it further enacted, that every person who shall give,,Personnetenuiting to

abr or promise to give, any bribe, recompence or reward, or make	noerfer	i crirOult °ffic
any collusive agreement with any such officer as aforesaid to induce, him in any way to neglect his duty, or to do, conceal or connive at any act whereby any athe, provisions of this Act, or of any 'other law, rule, order or regulation in force within the Colony, relating to the Customs May be evaded, every such person shall (whether the offer be accepted or performed or not)- forfeit the sum of One hundred pounds,

VII. AND be It further enacted, that shall a / he law ful or ie l fir the Poverh oitOOpOolbOiiii

of attendance at the 01/1-

'OW Governor, from time to time, to appoint the honrs of attendance•es of the Collector or

Of the said Collector, Sub-Collectors, and other subordinate officers pub'c°11c""5. of the Castoms; . at their . respective offices.

TIM _ AND be it further enacted, that if the master of any ship fuse to bring to at the proper , stations in such ports ; appointed bythe' proclamation of the said Governer for the boarding of officers of Cus,. Cringing to At proper SW, fe" °I vesseinat

or vessel arriving in any port or the said Colony shall neglect or re-lions to forfeit hundred pound

TX. AND be it further enacted, that it shall be. lawful for the 9 oiveirnntoire gaVQC tioanynEye llant Lot

Governor, With the advice of the Executive -Council, from time to Use2naul the same.

tithe to appoint any Pert, Haven or Creek in Western Australia and its Dependencies, and to set out the limits thereof, and toappolut the proper places within the same to be legal Quays for the lading and unlading of goods, and to define the portioas , of such legal Quays upon which particular goods may be laden or unladen ; and to de- clare that any legal QUay which had been set out by such authority, in any port shall no longer be so, and to appoint any new place, within any port to be a legal Quay fe y the lading and .uniading of 'pads; and in the inbantimeland Until such appointment . shall be' made, it shall be lawful for the Collector or Sub-Collector of such pott,.hayen,o.r .,crea to.appoint such proper places for the ladincf-and uniading,of goods:"

4th & 5th Viet. No. 2 1841.

Officer rem,. be stationed X AND be it further enacted, that it shall be lawful for the Col, lector or any Sub-Collector of Customs to station any officer on board any ship or vessel within the limits of any port in the said Colony ; and the Master of every ship or vessel on board of which any such officer shall be so stationed shall provide such officer sufficient room under the deck in some part of the steerage or forecastle for his bed or hammock; and in case of neglect or refusal so to do, shall forfeit the sum of one hundred pounds,

on board of vessels n	•
port,

Mager, of vessels to re- XI. AND be it further enacted, that the master of every ship or port arrival and cargo. vessel arriving in any of the ports or harborus of this Colony shall,

within twenty-four hours after his arrival, and before bulk shall have been broken, deliver in to the Collector or Sub-Collector of the port of arrival, a report in writing of the arrival and voyage of such ship,

Nreert tars of report, stating her name, country, and tonnage, (and if Ilritisr the port of re, gistry), the name and country of the master, the country Of the otv, ners, the number of the crew, and how many are of the country of such ship, and whether she be laden or in ballastand if laden, the. marks, numbers, and contents of every package and parcel of goods on board, and where the same was laden, and where and to whom consigned, and when any and what goods (if any) had been unladen during the voyage, and particularly of all goods subject to duty on board of such ship or vessel, whether intended for importation into this Colony or not, and where the same was laden, and where and to whom consigned ; and the Master of every ship shall, at the time of making such report, deliver to the Collector or Sub-Collector, the manffist of the cargo of such ship, where a manifest is required, and if required by the Collector or Sub-Collector, shall produce to him any bills of. lading, or a true copy thereof, for any and every part of the cargo laden on board, and shall further answer all such questions concern- ing the ship and the cargo and„the crew and the voyage as shall be

Tensity for unlading demanded of him by such Collector or Sub-Collector, and shalt Sian goods before rePert-'"°t a solemn declaration of the truth of such report: and if any goodsi

mak ng such report—or ,

making untrue report—or shall be unladen before such report, or if the master fail to make such

not answering questions rep_Uri or make an untrue report, or do not truly answer the questionsirul

demanded, or refuse to sign such declaration, he shall forfeit the sum of one hundred pounds,—and any goodssubject to duty not reported, shall be forfeited,

importer or Consignee of

goods subject to duty to xv.

Eat samo inwards. t AND be it further enacted, that the Importer or Consignee

of any goods subject to duty shall, within twenty-one days next after the arrival of the ship or vessel importing the :awe, deliver to the

1841.          4th & 5th Viet. No. 2.

Collector or Sub-Collectors of the port of arrival and Entry in wri-

ting, in words at length, containing the names of the 'importer or

consignee, of the importing ship, of the master thereof, and of the

place from whence such ship has arrived; and setting forth the quan-	Particulars of inch entry
tity in Imperial Gallons of Spirits consigned or imported to or by the
person making such entry, the strength of such spirits, and the marks
and numbers of the vessels containing the same, and the quantity and
description of all other goods subject to duty, and the marks and
numbers of the vessels or other packages containing the same; and
shall also deliver to such Collector or Snb-collector two or more du-
plicates, as may be required, of such Entry, in which all sums and
and numbers may be expressed in figures; and such importer or
consignee shall, at the time of delivering in such Entry, pay down	time of entry, unless theDuties to be paid at the
all duties on the goods subject to duty so entered (unless the same	goods subject to duty
shall be warehoused in manner hereinafter provided), and the Col-	may be warehoused.Warrant for landing to be
lector or Sub-Collector receiving the same shall thereupon grant a	granted on entry and
warrant for the unlading, or lading of such goods.	payment of duties.

XIII. AND be it further enacted, that in all cases where the du, Goods subject to ad vale.. Or M duty.

ties imposed upon the importation of articles in the said Colony are

charged not according to the weight, tale, gauge or measure, but value to bo declared up.

according to the value thereof, such value shall be ascertained by	on	entry	y.
the declaration of the Importer or proprietor of such articles, or his known agent, in manner and form following,—that is to say :

eral packages, and describing the several marks and numbers, as the case may be] are the value of

I, A B, do hereby deelare, that the Articles mentioned in the Form of declaration.

Witness my hand this day of

A B.

The above declaration signed in the presence of C D, Collector (or other principal officer); which Declaration shall be written on the bill of entry of such articles, and shall be subscribed with the hand of the Importer or Proprietor thereof, or his known agent, in the pre- sence of° the Collector or other principal officer of the Revenue at If goods undervalued, the

the port of importation ; which value shall be the fair market price of Importer is to declare thethe goods at the place of shipment. Provided that if upon view and invoice price,

examination of such articles by the proper officer of the Revenue, it shall appear to him that the said articles are not valued according to the true price and value thereof, and according to the true intent and meaning of this Act, then, and in such case, the importer, or his known agent, shall be required to declare before the Collector or

4th & 5th Viet. No. 2. 1841e

other proper officer what is the invoice price of such articles, and

that he verily believes that such invoice price is the current value of

the articles at the place whence the said articles were imported ; and

which, with ten percent- such invoice price, with the addition of ten pounds per cent, thereon,

um,to be deemed the value.

shall be deemed to be the value of the articles in lieu of the value so declared by the Importer or Proprietor, or his known agent, and up- on which the duties due thereon shall be charged and paid, unless upon examination of such invoice, it shall appear that the original declaration of the Importer or Proprietor was true, in which case the duties are to be charged on the original declared value. Provided, also, that if it shall appear to the Collector or other proper officer that such articles have been invoiced below the real and true value thereof at the place whence the same were imported, or if the invoke price is not known, the articles shall, in such ease, be re-examined by two competent persons, to be nominated by the Governor of the Colony, and such persons shall declare before the Collector, or other proper officer, what is the true and real value of such articles at the port of importation, and the value so declared by such persons shall be deem- ed to be the true and real value of such articles, and upon which the duties due thereon shall be charged and paid.

upon such valuation, topay the duty, goods to be etor of such articles shall refuse to pay the duties imposed thereon,	If importer, Rm. refuse, XIV. AND be it further enacted, that if the Importer or Propria
gold, it shall and may be lawful for the Collector or other proper officer of

the Revenue, and he is hereby required to take and secure the same, with the casks and other packages thereof, and to cause the same to be publicly sold within the space of twenty days at most after such refuel sal made, and at such time and place as such officer shall, by four or more days' public notice, appoint for that purpose: which articles shall be sold to the best bidder, and the money arising from the sale thereof shall be applied, in the first place, in the payment of the said duties, together with the charges that shall have been occasioned by the said seizure and sale, and the surplus, if any, shall be paid to such Importer or Proprietor, or any other person authorised to receive the same.

goods warehoused.. Bent may be charged 0// XV. AND be it further enacted, that whenever any goods shall

be taken to, and secured in, any of the Queen's Warehouses in the said Colony for security of the duties thereon, or to prevent the same from coming into home use, it shall and may be lawful for the Col- lector or other principal officer of the Revenue at the port to charge, demand and receive warehouse rent for such goods for all such time

1841.        4th & 5th Viet. No. 20

as the same same shall remain in such warehouse, at the same rate

as may be payable for the like goods when warehoused in any ware

house in which such goods may be warehoused.

XVI, AND be it further enacted, that if any goods shall be Goods forfeited,if landed

entry, or

landed or unladen from any ship or vessel in any part of the said subject ec t to an dbe edit] agt

Colony before due entry shall be made thereof and warrant granted	unauthorised places, us
officer not present.
for the unlading and landing thereof, or if any goods subject to duty shall be landed at any place not duly authorised and appoint= ed for that purpose, or shall be landed without the presence of some officer of the Customs, all such goods shall be forfeited.

bee of any goods subject to duty shall refuse or ne glect to make due !Lot d uu y e es nteree and paid.( I s warehoused) XVII. AND be it further enacted, that if the importer or consig- All goods subject to duty

entry of such goods and to pay all duties for the same (unless the within 21 days after arri• g ship, may

same shall be warehoused in manner hereinafterprovided) within /tal l fn ire ar yd

twenty-one days next after the arrival of the importing ship or vessel, ton t li;fQuuer riliereho Queens us: ,

it shall be lawful for the Collector or Sub-Collector of the port of ar- not paid within 3	aileeraeloend atn°
rival to cause such goods to be conveyed to the Queen's Warehouse;	months further, the same

and if the duties due upon such goods be not paid within three ca- ay be sold.	m
lendar months after such twenty-one days shall have expired, together with all charges of removal and warehouse rent, the same shall be sold, and the produce of such sale shall be applied, in the first place, to the payment of freight and charges, and, in the next place, to the payment of duties due on the goods so sold, and the overplus, if any, shall be paid to such importer or other person duly authorised to receive the same.
Goods subject

subj to duty

XVIII. AND be it further enacted, that It shall be lawful for the may be warehoused with-

Importer or Consignee of any goods subject to duty to warehouse the out immediate payment same in warehouses to be appointed as hereinafter provided without of duties'

payment of any duty on the first entrance thereof, subject, neverthe-

less ; to rules and conditions hereinafter contained.

XIX.      AND be it further enacted, that it shall be lawful for the Warehonses to be keen..

said Collector or Sub-collector to license by writing under his hand, seol i by Collector or bah- , C .ector of Colonial

'with the approbation of the said Governor, such private warehouses Revenue. Revenue.

as shall by hint be approved of for the warehousing and securing of

goods subject to duty for the purposes of this Act.

Zwunseesrstoo flicaernasee d r e nwtaraer:

XX.

AND be it further enacted, that it shall be lawful for the owner of every such licensed warehouse to char ge (re and receive rent ter rates to be fixed by

ra

Collector with approba-

tion of Governor.

4th & 5th Viet. No. 2, 1841.

for all goods therein warehoused, after such rate as the said Collector shall from time to time notify and appoint, with the concurrence of the said Governor.

Management of licensed

warehouses to be under XXI AND be it further enacted, that the times and manner of

control of Collector or	stowing goods subject to duty, and all other matters and things con,
Sub-Collector of each	nected with the management of every such licensed warehouse (so
port.	far as the management thereof may have relation to the purposes of this Act), shall be subject to the control and regulation of the said Collector or Sub-Collector of each port.
warehousing goods sub,

Bond to be taken upon XXII. AND be it further enacted, that upon the entry of any

jest to duty.	goods to be warehoused under the provisions of this Act, the Impor, ter of such goods, instead of paying down the duties due thereon, shall give bond, with one sufficient surety, to be approved of by the Collector or Sub-Collector of the port of importation, in treble the amount of duties payable on such goods, and conditioned for the safe depositing of such goods in the warehouse mentioned in such entry, and for the payment of all duties due on such goods, or for the ex, portation thereof, without any abatement on account of deficiency except as by this Act is provided, and that no part thereof shall be taken out of such warehouse until cleared from thence upon payment of duty, or upon due entry for exportation ; and if, after such bond shall have been given, the goods or any part thereof, shall be sold or disposed of, so that the original bonder shall have no longer any in,
Fresh bond to be taken
upon a transfer of proper-	terest or control in or over the same, it shall be lawful for the Col-
ty iu warehoused goods.	lector or Sub-Collector to admit fresh security to be given by the bond of the new proprietor or other person having control over such goods, with one sufficient surety, and to exonerate the original bonder
to the extent of the fresh security.
If the conditions of such

bond be violated, goods XXIII. AND be it further enacted, that if any goods which have

to be forfeited.	been entered to be bonded or warehoused shall not be deposited in the proper warehouse, or shall afterwards be taken out of the ware, house without due entry and clearance, or having been entered and cleared for exportation from the warehouse, shall not be duly shipped, such goods shall be forfeited.
Fraudulently gaining ac-

cess to warehouse to incur XXIV. AND be it further enacted, that if any Importer or Pro-

a penalty of £100.	prietor of goods warehoused under this Act, or any other person, shall, by any contrivance, fraudulently open the warehouse or gain
access to such goods except in the presence of the proper officer ac-

1841.         4th & 5th Viet. No. 2u

ting in the execution of his duty, such Importer, Proprietor, or other person, shall forfeit and pay, for every such offence, the sum of one hundred pounds.

AND be it further enacted, that it shall be lawful for the Samples may be taken of

XXV.   ewerhoused goods with-'

Collector or any Sub-Collector, at discretion, to allow moderate sam- immediate payment

ples to be taken of any goods so warehoused as aforesaid without of duty

payment of duty, except as the same shall ultimately become charge-

able with such duty.

XXVI. AND be it further enacted, that it shall be lawful for the Goods to be regauged or reed-weighed when deliv er0

Collector or any Sub-Collector to allow any goods so warehoused as from the warehou	se.
aforesaid to be regauged or re-weighed when the same shall be cleared and delivered from the warehouse, and the duties for the same shall be paid according to the quantity ascertained upon such regauging or re-weighing.

XXVII.       AND be it further enacted, that all goods so warehoused Warehoused goods to be

as aforesaid shall be duly cleared, either for exportation or for, con- cleared out within three years from first entry, or

sumption within the said Colony, within three years from the date of may be sold.

the first entry thereof; and •if any such goods be not so cleared, it

shall be lawful for the said Collector of Colonial Revenue to cause

the same to be sold, and the produce shall be applied, first, to the

payment of duties, next to warehouse rent and other charges, and

the surplus, if any, shall be paid to the proprietor : Provided, always,

Zetrimnoer. may grant fur-

that it shall be lawful for the said Governor, at his discretion, to allow

further time for such goods to remain warehoused.

Governor may remit or

XXVIII. AND be it farther enacted, that if any goods entered return glades on goods

or warehoused, or entered to be delivered from the warehouse, shall

lost or destroyed in cer-

be lost or destroyed by any unavoidable accident, either on shipboard

tain cases.

or in the landing or shipping the same for exportation, or in the re- ceiving into or delivering from the warehouses, it shall be lawful for the said Governor to remit or return the whole or any portion of the duties payable or paid on the goods so lost or destroyed.

Officers embezzling or

XXIX. AND be it further enacted, that if any embezzlement, waste, spoil or destruction shall he made of any goods warehoused

wilfully wastin; ware-

housed goods guilty of a •

misdemeanor.

nnder the provisions of this Act by or through any wilful misconduct

If owner of goods em-

of any Officer or Officers of Revenue, such Officer or Officers shall

bezzled or wasted prose-

be deemed guilty of a misdemeanor, and shall, upon conviction, suffer

cute officer conviction,his loss shall be made t. On,

such punishment as may be inflicted by law in cases of misdemeanor ;

good to' him by the Cus-

toms.

4th & 5th Viet. No. 2. 1841,

and if such Officer shall be prosecuted to conviction by the Importer, Consignee, or Proprietor of the goods so embezzled, wasted, spoiled,: or destroyed, then, and in such case, no duty shall be payable for or. in respect of such last mentioned goods,—and no forfeiture or seizure shall take place of any goods so warehoused in respect of any defici- ency caused by such embezzlement, waste, spoil or destruction, and

such deficiency, and all damage consequent thereon, shall be repaid.

and made good to such Importer, Consignee or Proprietor, by the said Collector, under such orders and regulations as shall be made. by the said Governor for that purpose.

Drawback upon exporta- XXX. AND be it further enacted, that there shall be allowed upon

tion. the exportation of goods imported into the said Colony a drawback

Value not less than £50; of the duties payable thereon at the time of importation : Provided, reshipped within a years ; always, that proof by a solemn written declaration be made to theclaimed within 1 year

after shipment, satisfaction of the Collector or Sub-Collector at the port of export,.

that the full duties on importation had been paid, and that such goods had been duly landed at the port for which the same were cleared, or otherwise satisfactorily accounted for, and no drawback shall be allowed unless the goods upon which the same is claimed shall be shipped within three years from the day of importation thereof, and unless the value of the goods upon which the same is claimed shall amount to fifty pounds, and shall be claimed within one year from the day of such shipment.

Bond upon entry for ex- XXXI. AND be it further enacted, that upon the entry outwards portation.of any goods to be exported from the warehouse, the person entering

the same shall give security by bond in treble the amount of the duties of importation payable on such goods, with one sufficient surety, that the same shall be landed at the place for which they are entered outwards, or shall be otherwise satisfactorily accounted for.

Officers may board ships	XXXII. AND be it further enacted, that it shall be lawful for
and have free access to

all parts ; may open locks	any officer duly authorised by the Collector or Sub-Collector of the
and if any goods on
which duty has not been	Revenue at the several ports to board any ship or vessel arriving at
paid are found, ship, ves-	any port of this Colony, or of any of the dependencies thereof, and
sel or boat, and goods so
concealed to be forfeited.	freely to stay on board until all the goods laden therein shall have been duly delivered from the same, and such officers shall have free access to every part of the ship or vessel, with power to fasten down hatchways, and to mark any goods before landing, and to lock up, seal, mark or otherwise secure any goods on board such ship or yes-

1841.          4th & 5th Viet. No, 2.

sei; and if any place or any box or chest be locked, and the keys be

withheld, such officers, if they be of a degree superior to tidewaiters, may open any such place, box or chest, in the best manner in their power, and if any goods liable to the payment of duties shall be found concealed without due entry thereof on board of any ship, vessel, or boat, such ship, vessel or boat, and such goods so concealed, shall be. forfeited. And if the officer shall place any lock, mark or seal upon any goods on' board, and such lock, mark or seal be wilfully broken, opened or altered before due delivery of such goods, or if any such goods be secretly conveyed away, or if the hatchways, after having been fastened down by the officer, be opened, the Master of such ship or vessel shall forfeit the sum of one hundred pounds.

to

XXXIII.       AND be it further enacted, that if any ship or vessel ,PeZterforteituGroesvearn7 mi

shall have become forfeited on account of an y goods subject to duty tigate penalties in certain

unladen therefrom or concealed therein, or if the Master of any ship c"es.

or vessel shall have become liable to any penalty on account of any goods subject to duty unladen from or concealed in such ship or ves- sel, and such goods shall de small in quantity, and it shall be made to appear to the satisfaction of the said Governor that such goods had been unladen or concealed contrary to the intention of the Owners of such ship or vessel, or with the privity of the Master thereof, as the case may be, it shall be lawful for the said Governor to remit such forfeiture, and also to remit or mitigate such penalty at his discretion ; and every forfeiture and penalty so remitted, or part of such penalty so remitted, shall be null and void, and no suit or action shall be brought or maintainable thereon.

fPo eirsleoe nseianigdin og

XXXIV. AND be it further enacted, that every person who of ginoodusnisau t

Sect to duty, or harbour .,

shall assist or be otherwise concerned in the landing or unshipping, abgee. the

mt.°

for the purpose or landing, of any goods subject to duty upon wh ich	same,	forfeit
the duties shall not have been paid or secured by entry, or who shall
knowingly harbour, keep or conceal any such goods, shall forfeit the
sum of one hundred pounds.

Palty for buying such	en
oorods onreot less . than 25,

XXXV.     AND be it further enacted, that if an y person shall

knowingly buy any goods so landed unlawfully, as aforesaid, such	more	Lio
persons being convicted thereof, before any two Justices of the. Peace, shall for every such offence forfeit and pay a sum not less than five pounds, nor more than ten pounds, as they shall think meet.

4th & 5th Viet. No. 2. 1841.

$hip's entry outwards.

XX XVI. AND be it further enacted, that the Master or Com-

mander of every ship or vessel about to sail from this Colony shall

Particulars of statement.

deliver into the office of the Collector or Sub-Collector of Revenue of the port of departure, a content or statement in writing of all

goods, wares or merchandize exported in such ship or vessel from

this Colony, with the marks of the respective shippers and consignees thereof, and shall, if required so to do, verify such content or state- ment by his solemn declaration, and deliver also a list of the cargo,

crew, and passengers, together with a statement of the port to which

he is bound, and shall also obtain from the said Collector or Sub-

Collector of Customs a clearance of such ship or vessel for her out-

Clearance.

ward voyage; and any such Master or Commander who shall deli-

ver in a false content or statement, or shall sail or attempt to sail

Penalty.

from any port or harbour of this Colony without such clearance,

shall forfeit and pay a sum not exceeding fifty pounds.

Master of any veesel fit-

XXXVII. AND be it further enacted, that the Master or Owner be permitted to ship such quantity of spirits or wines and tobacco

ting out fur the

of any vessel fitting out for the fisheries, or for a long voyage, shall

or fora long voyage ensiAs i

sditilry iftieneaitnpil in

quantities.	from bond free of duty for the use of the crew, in a proportion not exceeding one gallon of spirits or wines, and half a pound of tobacco
for each man on board, for every month the vessel may reasonably
be expected to be on her voyage; the master or owner to enter into bond, with two sureties, in three times the amount of duties, that no part thereof shall be relanded in the Colony without due entry ; the shipment thereof to take place under the inspection of an officer of the Customs.
Masters of vessels of 100

tons burthen in the coast- XXXVIII. AND be it further enacted, that the Master of any

ing trade may ship free	vessel not less than 100 tons burthen bona fide engaged in the coast-
of duty from bond suffi-
cient spirits for their crew.	ing trade between the different ports of the said Colony, shall be al- lowed a sufficient quantity of spirits or wines and tobacco from bond free of duty fb • the use of his crew, in the proportion of one gallon of spirits or wines, and half a pound of tobacco, for each man for every month the vessel may reasonably be expected to be absent. The Master or Owner to enter into a bond, if required, with one suf- ficient surety in three times the amount of duties otherwise payable, that no part thereof shall be relanded in the said Colony without due entry.

Persons counterfeiting or XXXIX. AND be it further enacted, that if any person shall

used in the customs guilty	falsifying any document counterfeit or falsify, or wilfully use when counterfeited or falsified.
of a misdemeanor.

1841.              4th & 5th Viet. No. 2.

any entry, warrant or other document requisite under this Act, or shall procure any such document to be made by any false statement, every person so offending shall be deemed guilty of a misdemeanor, and, being thereof convicted, shall suffer such punishment as can by law be inflicted for a misdemeanor.

XL. AND be it further enacted, that all goods, ships, vessels and Goods vessels, boats, and ,

boats, and all carriages and cattle liable to forfeiture under this Act, e t o n r re ri argneasy llambleserzerV;

shall and may be seized and secured by any officer of the Customs anyofficer	of theCustoms.
or Royal Navy ; and any person who shall hinder, molest or obstruct any officer of the Customs or Navy in the exercise of his office, or any person acting in his aid or assistance, shall, for every such offence, forfeit the sum of fifty pounds.

venue shall state upon oath to any Justice of the Peace for the said Era rftotrifve7trerr gtso tdos search XLI. AND be it further enacted, that if any officer of the Re- Justices of the Pence may

Colony any reasonable grounds for suspecting that any goods liable to forfeiture are concealed in any particular building or place, it shall be lawful for such Justice to grant his warrant to any constable to enter and search such house or place either by day or-night for such goods, and, in case of necessity, to break open any doors, and to open any vessels, boxes or other packages capable of containing such goods.

force or violence assault, resist, oppose, molest, hinder or obstruct force to be felony. XLII. AND be it further enacted, that if any person shall by Obstructing officers by

any officer of the Customs or Navy in the exercise of his office, or any person acting in his aid or assistance, such person being thereof convicted, shall be adjudged a felon, and shall be punished as such at the discretion of the Court before whom such person shall be tried.

AND be it further enacted, that all things which shall Ferfeited goods seized tobe delivered into custody

he seized as liable to forfeiture under this Act shall be forthwith de-	of Collector or Sub-Col-
livered into the custody of the Collector or nearest Sub-Collector.	lector.
Sale of goods forfeited
XLIV. AND be it further enacted, that all things which shall have been condemned as forfeited under this Act shall, under the di- rections of the Collector or of Sub-Collector of the port where such seizures shall have been secured, be sold by public auction to the best bidder: Provided always, that it shall be lawful for the said	and condemned.

4th & 5th Viet. No. 2. 1841.

Collector to direct from time to time in what manner the produce of such sale shall be applied,—or, in lieu of such sale, to direct that any of such things shall be destroyed, or shall be reserved for the public service.

rode of recovering for- XLV. AND be it further enacted, that all penalties and forfeitures feitures and penalties. Which may hereafter be incurred shall and may be prosecuted and

sued for and recovered in any Court of Record in the said Colony.

Goods seized may be XLVI. AND be it further enacted, that if any goods, or any ship bailed. or vessel, shall be seized as forfeited under this Act or by any other

law in force in the said colony relative to the Customs, it shall be lawful for the Judge of any Court having jurisdiction to try and de- termine such seizure, with the consent of the said Collector of Colo- nial Revenue, to order the delivery thereof on security by bond with two sufficient sureties, to be approved of by such Collector, to answer double the value of the same in case of condemnation, and such bond shall be taken to the use of Her Majesty in the name of the said Collector, and shall be kept in the custody of such Collector. And in case the goods, ship or vessel, shall be condemned and the value thereof shall be paid into the hands of the said Collector, such bond. shall be cancelled

the name of superior offi-	Snits to be commenced in XLVIII. AND be it further enacted, that no suit shall be com-
cer. menced for the recovery of any penalty or forfeiture under this Act,

except in the name of some snperior officer of the customs.

Claims to things seized to XLVIII. AND be it further enacted, that no person shall be ad-

be made in owner's name. .

mitted to enter a claim to any thing seized in pursuance of this Act, until sufficient security shall have been given in the Court where such seizure shall be prosecuted, in a penalty not exceeding fifty pounds, to answer and pay the costs occasioned by such claim ; and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned.

Bonbon of proof to be up- XLIX. AND be it further enacted, that if any goods shall be on claimant. seized for non-payment of duties, or any other cause of forfeiture, and

any dispute shall arise whether the duties have been paid for the same, or whether the same have been lawfully imported, the proof thereof shall lie upon the owner or claimer of such goods, and not on the officer who shall seize and stop the same.

1e41. 4th & 5th Viet. No. 2.

L. AND be it further enacted, that no claim to any thing seized Claimant or agent to

under this Act and returned into any Court of Record of the said make oath of property.

Colony for adjudication, shall be admitted, unless such claim be en- tered in the name of the owner or consignee, with his residence and occupation,—nor unless oath to the property in such thing be made by the owner or consignee, or by his attorney or agent by whom such claim shall be entered to the best of his knowledge and belief.

LI.     PROVIDED, always, and be it further enacted, that as often Justices of the Peace mar

fAfitaullu 'ees.ofoods g

as any thing seized in pursuance of this or any other law in force in

under

the said Colony relative to the customs shall be of a value less than twenty pounds, and shall be so sworn by affidavit duly made before any Justice of the Peace, it shall be lawful for the officer seizing the same to prosecute for the forfeiture and recovery thereof in a sum- mary manner before any two or more Justices of the Peace for the said Colony, whose award or decision shall be final; and such Justi- ces of the Peace shall have all and every the like powers and autho- rities touchino. such last-mentioned penalties and forfeitures as are hereby vestedain any Court of Record in the said Colony.

• LII. AND be it further enacted, that all Actions or Suits for the Limitation of Action. or

recovery of any of the forfeitures or penalties imposed by this or any Suits.

other law in force in the said Colony relative to the customs, must be

commenced within six months after the offence committed for which

such penalty or forfeiture shall be incurred.

LIII.      AND be it further enacted, that no Writ shall be sued out Notice of action to to

against, nor a copy of any process served upon, any officer of the	fot tn	eesn to offi	cers of	Cus,
Customs or Navy for any thing done in the exercise of his office un- til one calendar month after notice in writing shall have been deli- vered to him or left at his usual place of abode; in which Notice shall be clearly set forth the cause of action, the name and place of abode of the person about to bring such action, and no evidence of any other cause of action, except such cause as shall be stated in such notice, shall be admitied on the trial.

ritation of such AC-

AND be it further enacted, that every such last-mentioned Action shall be brought within three months after the cause thereof. Rms.

LIV.

UV. AND be it further enacted, that in case any information or

4th & 5th Viet. No. 2. 1841.

Snap may certify probe- Snit shall be brought to trial on account of any seizure made under ble ground of smolt. this Act, and a verdict shall be found for the claimant of the things

seized, and the Judge or Court before whom the cause shall be tried shall certify that there was probable cause for seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action, indictment, or other suit or prosecution on account of such seizure.

Officer may tender a- LVI. AND be it further enacted, that it shall be lawful for such mends. officer at any time within one calender month after receipt of such

Notice of Action as aforesaid, to tender amends to the party com- plaining, or his agent, or to plead such tender in bar to such action, together with any other pleas ; and if the Jury (or Court, in case such action shall be tried without a Jury) shall think the amends sufficient,

a verdict shall be given for the defendant,

Appropriation of Snes,&e. LVII. AND be it further enacted, that all fines and forfeitures

recovered under this or any other law in force in the said Colony,

and relating to the Customs, shall be divided, paid and applied as follows:—Mat is to say,— after deducting the charges of prosecution

and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be appropriated towards the Government of the said Colony in such manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and the other moiety to the person who shall seize, inform and sue for

the same.

Act may be amended. UM. AND be it enacted, that this Act may be amended or re-

pealed by any Act to be passed in this present Session.

"JOHN BUTT,"

GOVERNOR.

Passed the Council 12th March, 1841.

WA LKINSHAW COWAN,

Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth,