Customs duties (1832) (WA)

WESTERN AUSTRALIA.

ANNO SECUNDO

-.GITLIELNII:IV. REGIS,

.No,

An Act to impose certain Duties on Imported

Spirituous Liquors.

riErtAs i,t is expedient that the public expenses of .the

posed on. imported' Spirituous Liquors ;-- 7—Be it therefore enacted,that scale of dutie&

from and after the passing .of this Act the following duties shall be

imposed and levied—that is to say

TV colonyshould be defrayeil i in part by certain duties , to,be *-

I. On spirits imported from any part of the United Kingdom on spirits imported from

• -into the said Colopy i or [its,dependencies, a duty of,threb shil-- vOted Kingd991.

• lingstfor:each and , every, imperial Gallon (wine measure) not „exceeding the strength of .Tlyarpmeter Proof, and in the same proportion for the like spirits of greater 'strength.

2 Wm. IV., No. 10. 1832.

On Spirits imported from

places without the United	2. On spirits imported into the said colony or its dependencies from any place not being within the limits of the United Kingdom, a duty of four shillings for each and every Int. penal Gallon, (wine measure) not exceeding the strength of Hydrometer Proof, and in the same proportion for the like spirits of greater strength.
Kingdom:
Duties to be received by

the Collector of Colonial II. AND be it further enacted that the several Rates and Duties

Revenue and Sub•Col-	aforesaid, shall be paid to and received by the Collector and Sub-
lector, whose receipts
alone to be good dis-	Collectors of Colonial Revenue for the time being to be appointed
charges.	from time to time by the proclamation of the Governor; for the time being of the said colony ; And that in the mean time and until some such proclamation to the contrary, the Government Residents at the ports of Fremantle, Augusta, and King George's Sound shall be Sub.
Government Residents at	Collectors for the said ports respectively. And that the receipts al
Fremantle and other
Ports to act as Sub-	the said Collectoro • some one of the said Sub-Collectors (and such
Collectors.	receipts only) shall be good and sufficient discharges for the payment of any duties payable under this Act, and alleged in such receipts to have been received.

Inferior Officers of Cus-	III.	AND be it further enacted, that it shall be lawful for the said
toms to be appointed by

Collector and Sub-Col-	Collector and Sub-Collectors to appoint in writing (with the appro-
lectors. with concurrence	bation of the said Governor) all necessary inferior officers for the
of the Governor.	purposes of this Act.

Every person employed	IV.	AND be it further enacted, that every person employed on
in the service of the Cus-

toms to be deemed an	any duty or service, relating to the Customs of the said colony by the
Officer of Customs.	order or with the concurrence of the said Governor, or of the com- missioners of His Majesty's Customs (whether previously or sub-
be sufficient prima fade
Proof of such service to	sequently expressed) shall be deemed to be an officer of the customs,
evidence of being an Offi-	for that duty or service ; and if a question shall arise in the course of
cer of the Customs.	any legal proceeding, whether any such person be an officer duly au- thorised, evidence' of his having acted as such shall be deemed
Such Officers to be com-	sufficient ; and such person shall not be required to produce his Com-
petent witnesses, notwith-
standing their being en-	mission or deputation, unless sufficient proof shall be given to the
titled to any share of any	contrary, and every such Officer, or any person acting in his aid or
seizure or Penalty in a
suit for such seizure or	assistance shall be deemed a competent witness on the trial of any
penalty.	suit or information, on account of any penalty sued for, notwithstand- ing such Officer or other person may be entitled to any part of such seizure or penalty.
lectors to administer all

Collector and Sub-Col- V.

AND be it further enacted that it shall be lawful for the said Collector and Sub-Collectors to administer all oaths requisite under this Act, M. by any Law in force in this colony for the purposes of this Act.

necessary oaths.

1832.          2 Wm. 1V., No. 10.

AND be it further enacted, that, if any Officers of the Officers making collusive

Customs, or other person duly authorized to act as such, shall make sbe	rrhuerse	, foordeitzating
any collusive seizures, or deliver upi, or make any agreement to deliver up, or not to seize any vessel or boat or goods liable to forfeiture, or
shall take any bribe, gratuity, recompence, or reward,'for the neglect
or non-performance of his duty, every such Officer or other person, shall forfeit for every such offence the sum of of one hundred pounds.

offer, or promise to give any bribe, recompence, or reward, or make butericieritemar porars, VII. AND be it further enacted, that every person who shall give; Persons, 'attempting to

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 of the provisions of this Act, or any other Law, Rule, Order; or Regulation in force within the said colony, may be evaded, every such person shall (whether the offer be accepted or per- formed or not) forfeit the sum of one hundred pounds.

-said Governor, from time to time to-appoint the hours of attendance hooeursof3cfesatotrdtrececoric_VIII. AND,be it further enacted," that it shall be lawful for the Governor to appoint

of the said Collector, Sub-Collectors, and other subordinate Officers lector and Sab-Collect-

of.Customs at their respective Offices. on.

alters of Vessels not

vessel, arriving in any port of the said colony, shall neglect or refuse stations to forfeit Liao, 1K. AND it further enacted, that if the Master of any ship or bringing to at proper

to bring to at the proper stations in such ports appointed by the pro- clamation of the said Governor for the boarding of Officers of the Customs,-the Master of such ship or vessel shall forfeit the sum of -

one hundred pounds.

-

0Onf cora r o adayo fb i o

AND -be it further enacted, that it shall be lawful for the Col- lector, or any Sub-Collector of Customs to station an Officer on board Port.	vessels n
any ship, or vessel within the limits of any port in the 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, irk 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.

X.

XI. AND be it further enacted, that the Master of every ship or llasters of Vessels to re-

rt arrival and Cargo.

vessel arriving in any of the ports or harbours of this colony Particulars of Report.	Particulars
shall, within twenty-four hours after his arrival. ) deliver into the Col-
lector or Sub-Collector of the port of;arrival, a report in writing of
all spirits, on board of such ship or vessel intended for importation into
this colony, and to whom consigned, and shall answer upon oath all	Penalty for not making
Report, or making false
Report.

2 Wm. IV. No. 10. 1832.

such questions as shall be put to him touching any spirits on board of such ship or vessel. And if such master shall wilfully suffer :any spirits to be unladen from his ship or vessel, before such report shall be made, or shall neglect or refuse to make any such • report, or shall make an untrue report, or shall not truly answer.the questions de-

. • mended of him, he shall forfeit the sum of One Hundred Pounds :

And if any spirits shall not be reported, the same shalt be forfeited..

Importer or Consignee. XII. AND be it further enacted, that the Importer or Consignee

of Spirits to eater same of-any spirits shall within twenty-one days next after the-arrival- ofinwards.

the 'ship or vessel importing the same, deliver to -the 'Collector .or Sub-Collector of the port of arrival, -an entry in -writing in words- at length containing the names of the Importer or Consignee of the im- porting ship, of the master thereof, and of the place from which such

Particulars of such entry. ship has arrived ; and setting forth the.quantity 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 shall also deliver to such Col- lector, or-Sub-Collector two or more Duplicates as may be required

Duties to be paid at theof such entry in which all sums and numbers may be expressed in time of entry, unless the figures : and such importer or consignee-shall-at thetime of delivering bonged. Spirits may be ware- in such entry pay down all duties on the spirits so .entered (unless

the same shall be warehoused in 'manner hereinafter , provided) and

Warrants for landing to the Collector or Sub-Collector receiving the same- shall thereupon

be granted on entry and grant a Warrant for the unlading or landings Of such spirits.

payment of Duties.

Spiritsunladen orland- ;AND be further enacted, -that if -any spirits shall be

ed before entry, or at landed, or unladen from any ship or vessel iin,any part -of the said	unauthorised places, or
without the p resence of coton y , before

bef due entry shall be made thereof, and Warrants granted

do Officer, to be forfeit- for qbe urilading and landing thereof,-or if any spirits- shall beclanded ed.

at any place not duly authorized and appointed:for that purpose, or

Shall he landed without the presence of'some Officer-of-the-Customs, all such spirits shall : be forfeited.

All Spirits not duly en-	XIV. AND lae it :further enacted,: that if the-
less warehoused) within

tered and paid for (un-	importer-or-con-signee of any spirits- shall :refuse, or neglect to make,due-entry of such
twenty-one days after ar-	spirits, an d to pay all duties for the same -i(nirless,,the-sanie shall be
rival of importing ship,	-warehoused in n•anner hereinafter provided) within twenty one
may be. landed .and con-
veyed to the King's	days next after the arrival•of the'importing iShip 'or-vessel, it shall be
Warehouse, and if duties
thereon be not paid with-	lawful for-the Collector or the Sub-Collector ofthePortuf arriVol, to
in three calendar months	cause suck spirits to be conveyed-to the King's 'Warohouse. And if
further, the same may be
sold.	the duties due upon /such spirits be not paid ;Within-three -calendar months-after such twenty-one•days'shall' have expired; togetherwith -all charges of •removal, and warehouse•rent;'the • amo.Shall'be Sold, and the produce of such sale shall be applied, in the first place, to

2 Wm. IV. No-. 10.

1832   •

te payment of freight and charges; and in the next place, to the "payment of duties due on the spirits so sold, and the overplus, if • any Shall be paid to. such importer, or other persou duly authorized to receive the same.

XV. - AND be it further enacted, that it shall be lawful for the Spirits may be warehous.: .f

ed withoutb immediate

importer or consignee of any spirits, to warehouse the same in ware-	t
houses to be appointed as hereinafter provided, without payment of any duty on the first entrance thereof, subject nevertheless to rules

and Conditions hereinafter contained.	• .-
-XVI: AND be it further enacted, that it shall be lawful for the Warehouses to he licensed

Staid Collector of Colonial Revenue to license by writing under _his bRyevC enolulector of Colonial

hand; With the approbation of the said Governor; such private ware- houses as shall by him be approved of, for the warehousing and se- curing of spirits for the purposes of this Act. • •

XVII.     AND be it further enacted, that the owner of every such owners of licensed ware-

licensed warehouse, shall be deemed And taken to be an Officer of houses to be deemed offi -	cers of Customs.
the'Cu-stoins to all intents and purposes under this Act.

XVIII. AND be it further enacted, that it shall he lawful for the Owners of licensed ware- i lt .uotuessetsut cit, tt t

owner of every such licensed warehouse to charge and receive rent bee finedr,y Col-

- for all spirits therein warehoused, after such rate as the said Collector lector with approbation of

shall from time to time notify and appoint, with the concurrence of G"ern't

the said Governor.

XIX:- AND be it further enacted, that the times and manner of blanagement of licensed w euanrterbeeef to b 1ous Colleectourndour

stowing Spirits and all other matters and things connected with the

b-Collector of each

management of every such licensed warehouse (so far as the manage - Su

thereof may have relation to the purposes of this Act) shall be sub-Prt.

ject to the 'control and regulation" of the said Collector, or Sub-

Collector of each port:

XX. AND be it further enacted, that upon the entry of any w Bond to be given upon

areh ousing of Spirits.

spirits to be warehoused under the provisions of this- Act, the im- porter of such spirits, instead of paying down the ditties due thereon, shall give bond with' one Suffidient Surety tö be approved of by the Collector or Sub=Collector of the port of importation, in treble the amount of duties payable on Such' spirits, and . conditioned for the safe depositing‘of such spirits in the warehouse mentioned in such entry, and for the payment of all aties:dhe on "such spirits, or for the exportation thereof, without 'ally abatement on account of de- Fresh bond to be taken

.ficiency.except as by this 'Mt is prOVided, r and that rib part thereof upon a transfer of pro- shall be taken out of such warehouse until dearectffidm thence upon petsrty in warehoused Spi-

2 Wm. IV., No. 10. 1832.

due payment of duty, or upon due entry for exportation : and if after such bond shall have been given, the spirits or any part thereof shall be sold or disposed of, so that the original bonder shall have no longer any interest or control in or over the same, it shall be law- ful for the Collector or Sub-Collector to admit fresh security to be given by the bond of the new proprietor, or other person having control over such spirits, with one sufficient surety, and to exonerate the original bonder to the extent of the fresh security.

bond be violated, Spirits XXI. AND be it further enacted, that if any spirits which haveif the conditions of such 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 spirits shall be forfeited.

cess to warehouse to incurFraudulently gaining ac- XXII. AND be it further enacted, that if any importer or pro-

a penalty of Doc. prietor of spirits warehoused under this Act, or any other person

shall by any contrivance fraudulently open the warehouse, or gain access to the spirits, except in the presence of the proper officer act- ing in the execution of his dnty, such importer, proprietor, or other person shall forfeit and pay, for every such offence, the sum of One Hundred Pounds.

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

warehoused Spirits with-

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

of duty. samples to be taken of any spirits so warehoused without payment

of duty, except as the same shall ultimately become chargeable with

such duty.

when delivered from theSpines to be regauged XXIV. AND be it further enacted, that it shall be lawful for the warehouse. Collector or any Sub-Collector to allow any spirits so warehoused

as aforesaid to be regauged 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.

cleared out within threeWarehoused Spirits to be XXV. AND be it further enacted, that all spirits so warehoused

years from first entry, or as aforesaid, shall be duly cleared either for exportation or for con- may be sold. sumption within the said Colony within three years from the day of

the first entry thereof; and if any such spirits 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 overplus, if any, shall be paid to the proprietor : provided always

Governor may grant fur-

ther time:

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

further time for such goods to remain warehoused.

1832.           2.Wm. 1V.', No. 10.

XXVI.- AND be it further enacted, that if any spirits entered or Governor may remit or return ds cr tsties eo id on iSu dphits r

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

lost or destroyed by any unavoidable accident, either on ship-board, taro	cases.	C
or in the landing or shipping the same for exportation, or in the re- ceiving into, or delivering from the warehouse, it shall be lawful for !the said Governor to remit or return the duties payable or paid on 'the spirits so lost or destroyed.

'XXVII. AND be it further enacted, that if any embezzlement, Officers embezzling or

waste, spoil or destruction shall be made of any spirits warehoused wilfully wasting ware-

of

under the provisions of this Act, by' or through any wilful mis-ha -conviction, suffer such punishment as. may be inflicted by Law, in cases of misdemeanour ; and if such Officer shall be prosecuted to conviction by the importer, consignee, or proprietor of the spirits so

conduct of any Officer or Officer of Customs, such Officer or

led of spirits

embezzled, wasted, spoiled, or destroyed, then and in such case no if o b

duty shall be payable for or in respect of such last mentioned cu	e te eofsocrerwthastceocinne,
spirits, and no forfeiture or seizure shall take place of any spirits so ho	isdlotsdshrdahal meat

ment, waste, spoil, or destruction, and such deficiency and all damage	warehoused in respect of any deficiency caused by such embezzle-toms. consignee, or proprietor, by the said Collector, under such orders and regulations as shall be made by the said Governor for that purpose.
upon the exporation of spirits imported into the said Colony a draw- tion. XXVIII. AND be it further enacted, that there shall be allowed Drawback upon exporta-
back of the duties payable thereon: Provided always that proof on oath be made to the 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 : and no drawback shall . be allowed unless the Proviso that value of
years from the day of importation thereof, and . unless the value of amount to gso. the spirits upon which the same is claimed shall amount to Fifty
Spirits upon which the same is claimed shall be shipped within threegate:IChM:de, shipment.

XXIX. . AND be it further enacted, that upon the entry out- Bond upon entry for ex- portation.

wards of any spirits 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 spirits, with one sufficient

that the same shall be landed at the place for Which they are

entered outwards ; or shall be otherwise iatisfattOrily accounted for.

2 Wm. IV. No. 10. 1832.

on which duties are payable, but not XXX. AND be it further enacted, that if any spirits liable to the

paid, found concealed	payment of duties under this Act shall be found concealed without
in any vessel or boat, to
be forfeited with the	due entry thereof, on board of any ship or vessel, or boat, such ship
vessel or boat.	or vessel, or boat, and the spirits so concealed, shall be forfeited.
Power to Governor to

remit forfeitures and mi- XXXI. AND be it further enacted, that if any ship or vessel

tigate penalties in cer-	shall have become forfeited on account-of.any spirits unladen there-
tain cases.	from, or concealed therein, or if the master of any ship or vessel shall have become liable to any penalty on account of any spirits unladen from or concealed in such ship or vessel, and such spirits shall be small in quantity, and it shall be made to appear to the satisfaction of the said Governor, that such spirits had been unladen or concealed contrary to the intention of the owners of such ship or vessel, or without 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.
Persons aiding in nn-

XXXII.      AND be it further enacted, that every person who shall

lawful landing of spirits,

or harbouring or con-assist or be otherwise concerned in the landing or unshipping for the cealing the same, to for-

purpose of landing of any spirits upon which the duties shall not

f D00.

felt

have been paid, or secured by entry, or who shall knowingly harbor, keep, or conceal any such spirits, shall forfeit the sum of One Hun: dred Pounds.

free of ,duty from bondcoasting trade may ship vessel bona-fide engaged in the coasting trade between the different	Masters of vessels in the XXXIII. AND be it further enacted, that the master of any
sufficient spirits for their ports of the said colony, shall be permitted a sufficient quantity of
crews.

spirits from bond, free of duty, for the use of his crew, in the pro- portion of one gallon 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 sufficient 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 XXXIV. AND be it further enacted, that if any person shallfalsifying any document

IllCatiotir,guilty of a misde•any entry, warrant, or other document requisite under this Act, used in the Customs, COL/ nterfeit or falsify, or wilfully use when counterfeited or falsified,

or shall procure any such document to be made by any false state- ment, every person so offending shall be deemed guilty of a mis- demeanour, and being thereof convicted, shall suffer such punish- ment as can by law be inflicted for a misdemeanour.

183.          2 Wm. IV. No. 10.

'f,X.XXV. AND be it further enacted, that all spirits, ships, ves- sels, and boats, and all carriages and cattle liable to forfeiture under	Spirits, Vessels, Bouts,
and liable
;:fei2irr:hg under this
this Act, shall and may be seized, and secured by any Officer of the	May bq seized by any
Officer of the Customs.
Customs or Royal Navy, and any person who shall hinder, molest, orTobstruct 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.
Justices of the Peace may
' . XXXVI. AND be it further enacted, that if any Officer of the	grant warrants to search
Customs sltall state upon oath to any Justice of the Peace for the	for forfeited goods.
said colony any reasonable grounds for suspecting that any spirits liable to forfeiture under this Act are concealed in any particular Wilding 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 spirits, and, in , case of necessity, to break open any doors, and to open any vessels capable of containing
spirits.

XXXVII. AND be it further enacted, that if any person shall by Obstructing Officers by

force or violence assault, resist, oppose, molest, hinder or obstruct any	force to be felony.
Officer of the Customs or navy.in the exercise of his office, or any person acting in Ids aid or assistance, such person being thereof .con- victed, shall be adjudged a felon, and shall be punished as' such at the discretion of the Court before whom such person shall be tried.

XXXVIII. AND be it further enacted, that all things which Forfeited goods seized, tr) teodr i o nrt os en?.

shall be seized_as liable to forfeiture under this Act shall be . forth- b° f

with delivered into the custody of the Collector or nearest Sub- ?ector;

Collector.

XXXIX.      AND be it further enacted, that all things which shall Sale of goods forfeited and

have been condemned as forfeited under this Act, shall, under ihee°ndemned. 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.

direction of the Collector, or of the 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

recovered under this or any other Law in force in the" said Colony, an" Penalties' XL. AND be it further enacted, that all forfeitures and penalties, Application of forfeitures

and relating to the Customs, shall be divided, paid; and applied as follows : that is to say, after deducting the expense of prosecution and sale, one moiety thereof shall be paid to the Colonial Treasurer,

2 Wm. IV., No. 10. 1832.

to the use of His Majesty, his Heirs and Successors; and the other

moiety to the person who shall seize, inform, and sue for the same.

Mode of recovering

feitures and penalties.for XLI. AND be it further enacted, that all penalties and for- feitures which may hereafter be incurred, shall and may be prose- cuted and sued for, and recovered in any Court of Record in the said Colony.

Goods seized, may he XLII. 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 determine such seizure with the consent of the said Collector Of Colonial 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 His Majesty, in the name of the said Collector, and shall be kept in the custody of such Col-

- lector. And in case the goods, ship, or vessel, shall be condemned,

and the value thereof shall be paid into the hands of the said Col-

lector, such bond shall be cancelled.

XLIII.      AND be it further enacted, that no suit shall be corn-

Suits to be commenced in

the name of a superior menced for the recovery of any penalty or forfeiture under this Act, Officer. except in the name of some superior Officer of the Customs.

XLIV.     AND be it further enacted, that no person shall be .ad-

Claims to things seized to

homed° in owner's name. mitted to enter a claim to anything 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.

•

Burthen of proof to lie XLV. AND be it further enacted, if any goods shall be seized for upon claimant. - 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 riot on the Officer who shall seize and stop the same.

Claimant or Agent to XLVI. AND be it further enacted, that no claim to any thing make oath of property. seized under this Act, and returned into any Court of Record of the

said Colony for adjudication, shall be admitted, unless such claim be entered in the name of the owner, with his residence and occupa-

11832.           2 Wm. IV., No. 10.

tion, nor unless oath to the property in such thing be made by the Owner, or by his Attorney or Agent by whom such claim shall be entered, to the best of his knowledge and belief.

XLVII.     PROVIDED always, and be it further enacted, that as Justices of the Peace may

often as any thing seized in pursuance of this, or any other Law in dueneLdre29r,o	felytuftr	iuTrg°°"'
force in 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 summary manner before any two or more Justices of the Peace for the said colony, whose award or decision shall be final: and such Justices of the.Peace shall have all and every the like powers and authorities touching such last mentioned forfeitures and penalties as are hereby vested in any Court of Record of the said colony.

XLVIII.     AND be it further enacted, that allA ctions or Suits Limitation of suits.

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

XLIX.     AND be it further enacted, that no writ shall be sued out Notice of Action to be

against, nor a copy of any process served upon any Officer of the Cus- given	to.,. to Offi cers	of Cus	-
oms or Navy for any thing done in the exercise of his office, until one calendar month after notice in writting shall have been delivered to him or left at his usual place of abode ; in which notice shall be clearly set forth the cause of the Action, the name and place of abode of the person about to brina such Action, and no evidence of any other cause of Action, except such cause as shall be stated in such notice, shall be admitted on the trial.

L. AND be it further enacted, that every such last mentioned Limitation of such Action.

Action shall be brought within one month after the cause thereof.

LI.     AND be it further enacted, that in case any information or Judge may certify probe.

suit shall be brought to trial on account of any seizure made under ble ground of seizure.,

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 of 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.

AND be it further enacted, that it shall be lawful for such officer "may tender

LII.   amends,

2 Wm. INT . No. 10. 1832.

Officer at any time within one calendar month after receipt of such notice of action as aforesaid, to tender amends to the party complain- ing or his Agent, and to plead such tender in bar to such action, to- gether with any other pleas ; and if the Jury (or the Court in ease such action shall be tried without a Jury) Shall think the amend; sufficient, a verdict shall be given for the:defendant.

Duration of this Act. LID. AND be it further enacted, that this Act shall continue and. be in force until the Thirtieth Day'of June, in the Y,ear , of Our Lords One Thousand. Eight Hundred and Thirty Four,and , nb longer.

.JAMES STIRLNG,

GOVERN6R Alp CONMANDER-W-CHIEF.

Passed the Legislative Council, 1

this 9th day of June, 1832.

M. J. CURRIE,

Clerk to the Council,

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