Duties on Wheat, and c Act 1839 (SA)

'teat and other Grain

Floun JIeal and Biscwi! expor& , f r m ce of South Australia'

B

ancl to prezwzt f h r c2nndestine H+2x:lor/rrt

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E-IERLI S tlie resent scarcity of %'lte*i t ~chd Flour in this Provirtce

rcntlers it most urgent for the i'ubltc* Welfare that the improvident Kxportation of them ariicies should be chccled in consequence of the constant incmase !;f population therein and its almost total dependence upon external supply :-

Be IT THEREFORE ENACTED by His Excellency Lieutenant-Colonel

GEORGE GAJTLBK Knight of (he Royal I-lanwerian Guelphic Order Governor

11. And also that any person or persons intending to export Biscuit wheat or the Flour of Wheat Oats Oatmeal Barley Barley-meal Maize Rice ground Rice or Paddy shall give notice of their intention to the Colonial Secretary and Collector of Custom at the least four days before the same shall be shipped*

and Co~nmander-in-Chief of M P ~ Majesty's Province of South Australia

by and with the aclvic~ and consent of the Legislative Council thereof as

follows :-That from and after the passing d this Act it s ldl and ma;y be

lawful for His Excellency thc Governor by m y Order or Orders made by and

with the advice and consent ci' the Colinril t o fix such Bates and Duties as

shall seem fit and exgcdient t o be co!lected a&d paid uycn and in respect of all

Biscuit Wheat and lilow c.f Wheat Oat$ Uatmed Barley Barley-ixeal

Maize Ricc ground Rice and Paddy expokted fkom any port within this

Province and to make the said Rates ancl. Duties payable fm such periods of	,
time as shall seem fit and also by any further Order or Orders to Iinlit or extend the said periods and alter and vary the amount of the said iCates and Duties as may be deemed expedient and that the said Hates and Duties shall be levied collected and paid accordingly.

shipped and shalX, befire the said U k i i t Wheat or Fhm of Wheat Oats Oatmeal 13arley B'arley-meal W&tu krtm w a n d Rice or Paddy is removed for the purpose of shipping the sade obtain the certificate of the Collector of Internal Revenue that all Ratesiand Duties payable thereon have been discharged and satisfied and also: the written permission of the Colonial Secretarj for the shipment thereof or in default t.hereof such Biscuit Wheat Flonr oi' Wheat Oats Oatmeal h l e y Barley-meal Maize Rice ground ltice or Paddy and the vessels or carriages containing the same shall be linble tu seimrc and sale by pubf i~ auction and the price obtained for the same shall be applied one hdf to t@e use of Her Majesty atid the other half

to the use of the Officer making such seizure.	e.
I
I I ~

And also that any persons ettempting to ship Biscuit Wheat F low of Wheat Oats Oatmeal Barley Barley-meal Maize Itice ground Rice or l'addy without having complied with the requisitions of the second scction sf this Act and the master of any vessel receiving on board any Biscuit Wheat Ii'lour of Wheat Oats Oatmeal Barley Barley-meal Maize Rice ground Rice or Paddy in respect of which the said requisitions have not been complied with shall forfeit and psy treble the value of the article so atien~ptecl to be shipped or received the same to be recovered by action of debt brought by any person wishing to bring the same and the vessel in which the same shall be found shdl be liable to seizure ard shall be sold

by public auction and the amount of the said forfeiture and the price of

the said vessel obtained at public auction shall be applied one half to the use of Her Majesty and the other half to the use of the person bringing such action as aforesaid or to the use of the officer making such .seizure.

ITJ. And also that it s b d and may be l a n h l for any Ofiicer of thc

a Customs or for any Police- op and sc.;arch all c a ~ t s carriages or vessels

suspected to contain ~ i s c u i t h ' i m t Flour of Wheat Oats Oatmeal Barley

Ha~le~-me,al Maize Rice grouad Rice or Paddy and to seize ancl detain the same when fomd to contain any of the said articles until the permission of the Colonial Secretary for the rcmoval and shipment of ihe sane be pro- duced.

V. And also that in all cases of seizure made or proceedings taken for <any penalty or penalties under this Act the proof of the provisions and requisitions by this Act made and required having been fulfilled and com- plied with shall lie upon the defendant.

VI. And also that througl~out this Act the word " vessel" allall include

all ships or boats of whatet-er kind and description a i d the verb " remove"

in its several tenses shall be constrltcd to mean the wcrd 'convey" in its C several tenses and that where by this Act IVheat or Flour or any other article or thing is made liable to scizu~e ail packages of whatever kiud con- taining the same also all vehicles whether used fbr land or water carriage in which the same is fofound or which shall be proted to haye been used in the transport thereof shall also be deemed liable to such seizure alld sale as the Wheat l'lour or other article so contained or carried is by this

Act made liable.

V11. And also that in all cases wherein furfeitures or penalties may be incurred under tiliv A c t Hi8 Lxcellency l h c Governor shall have power to remit the whole or m y part thereof: Provicied ahays that no forfeiture or penalty imposed or recovei~uble b y this A c t shall be incurred or recovered ita respect uf any prorisioix shipped boau Ji'm 6 r the use of the crew and passengers of any vessel duriug her vgyage or for the purpow of being con-

veyed

veyed t o any of *he ports or dependencies of this Province in any case where

8 viarrant for the shipment of the same shall have been previously obtained

s i p d by His Rxcdency the Governor and countersigned by the Colonial

Pwretary.

11d also that this 9 ct shall remain in force for the term of six m o n t h

on?y.

(Signeti) GEORGE GAWLEH.

SJaswl in Council this 7th t h y

of Septomhe-r, 2839.

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L ~ I ~ E L, ~ ~ T D ! ~ : Printed by authority by ROBERT THOMAY and CO-;

GoverrimenC Printers, I-Iindley-street.