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ANNO SEXTO

GEORGII IV. REGIS.

CA P. CXII.

An Act for the warehousing of Goods.

[5th July 1825.]

HEREAS an Act was passed in the present Session

of Parliament, intituled An Act to repeal the several 6 G. 4. c. 105. Laws relating to the Customs; in which it is declared, that the Laws of the Customs have become intricate by reason of the great Number of Acts relating thereto which have been passed through a long Series of Years, and that it is therefore highly expedient for the Interests of Commerce and the Ends of Justice, and also for affording Convenience and Facility to all Persons who may be subject to the Operation of those Laws, or who may be authorized to act in the Execution thereof, that all the Statutes now in force relating to the Customs should be repealed, and that the Purposes for which they have from Time to Time been made should be secured by new Enactments, exhibiting more perspicuously and compendiously the various Provisions contained in them: And whereas by the said Act all the Laws relating to the warehousing of Goods will be repealed, and it is expedient to make Regulations for the lodging and securing in Warehouses or other Places of such Goods as may be imported into the United Kingdom to be so lodged and secured after such Repeal shall have Effect; Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Fifth Day of January One Commencethousand eight hundred and twenty-six, this Act shall come ment of Act. into and be and continue in full Force and Operation for

Treasury to appoint warehousing Ports.

to appoint Warehouses; and require Bond.

the Warehousing of Goods imported into the United Kingdom, without Payment of Duty (1) upon the First Entry thereof, or notwithstanding that such Goods may be prohibited (2) to be imported into the United Kingdom to be used therein.

II. AND be it further enacted, That it shall be lawful for the Commissioners of His Majesty's Treasury, by their Warrant from Time to Time to appoint (3) the - Ports in the United Kingdom which shall be warehousing Ports Commissioners for the Purposes of this Act; AND that it shall be lawful for the Commissioners of His Majesty's Customs, subject to the Authority and Directions of the Commissioners of His Majesty's Treasury, — by their Order from Time to Time to appoint in what-Warehouses or Places of special Security (4)— or of ordinary Security, — as the Case may require, in such Ports, and in what different Parts or Divisions of such Warehouses or Places, and in what Manner (5)—any Goods, and what Sorts of Goods, -may and may only be warehoused and kept and secured without Payment of any Duty upon the First Entry thereof, or for Exportation only, in Cases wherein the same may be prohibited to be imported for Home Use; AND also in such Order to direct in what Cases (if any) Security by Bond (6), in manner hereinafter provided, shall be required in respect of any Warehouse so appointed by them.

Warehouse of

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III. AND be it further enacted, That whenever any special Security. Warehouse shall have been approved of by the said Commissioners, as being a Warehouse of special Security, it shall be stated, in their Order of Appointment, that such Warehouse is appointed as a Warehouse of special Security: PROVIDED always, that all Warehouses connected with Wharfs for the landing of the Goods to be lodged therein, and enclosed together with such Wharfs within Walls, such as are or shall be required by any

Warehouses

connected with Wharfs, and within Walls.

(1) As to Duties, see Cap. 111. § 11.; and as to Stores of Ships, Cap. 107. § 33.

(2) As to Goods prohibited for Home Use, see Cap. 107. § 53. and Cap. 109. § 21.

(3) See Power to revoke or alter, § 6. Publication, § 7.

(4) See § 3. See also Deficiencies, § 37.

(5) See Stowage, § 10. See concealing Goods, or opening Warehouse, $ 11.

(6) See Bond, $ 8.

Act for the constructing of such Warehouses and Wharfs, - and being appointed to be legal Quays, shall without any Order of the Commissioners of the Customs be Warehouses for the Purposes of this Act, for all Goods landed at such Wharfs or Quays at any Port appointed by the Commissioners of His Majesty's Treasury to be a warehousing Port as aforesaid, and all such Warehouses shall be Warehouses of special Security.

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Bonds given in respect of

Goods warehoused to con

as tinue in force.

IV. AND be it further enacted, That all Appointments of Warehouses for the warehousing of Goods made under the Authority of any other Act in force at the Time of the Commencement of this Act, shall continue in force, if the same had been made under the Authority of this Act, and all Bonds given in respect of any Goods warehoused or entered to be warehoused under any Act in force at the Time of the Commencement of this Act, shall continue in force-for the Purposes of this Act.

Warehouses for
Tobacco.

V. AND be it further enacted, That the Commissioners Commissioners of His Majesty's Customs shall, out of the Monies arising to provide from the Duties of Customs, provide from Time to Time the Warehouses for the warehousing of Tobacco - at the Ports (1) into which Tobacco may be legally imported: PROVIDED always, that for every Hogshead, Chest, or Case of Tobacco so warehoused, the Importer or Proprietor thereof shall pay as and for Warehouse Rent - such Sum or Sums not exceeding any Sum payable under any Act in force at the Time of the Commencement of this Act, and at such Periods and in such Manner as the Commissioners of His Majesty's Treasury shall from Time to Time by their Warrant appoint and direct, AND all such Sums shall be paid, received, and appropriated as Duties of Customs.

or alter

VI. AND be it further enacted, That it shall be lawful Power to revoke for the said Commissioners of His Majesty's Treasury by their Warrant, and for the said Commissioners of the Appointment. Customs by their Order, from Time to Time to revoke any former Warrant or any former Order,

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or to make

any Alteration in or Addition to any former Warrant or

(1) See Ports, Table of Restrictions, Cap. 107. § 52. For Use of Navy, see § 20.; and Cap. 107. § 94.

Publication in
Gazette.

Warehouse
Keeper may
give general
Bond, if

willing;

any former Order, made by them as aforesaid respectively. (1)

VII. AND be it further enacted, That every Order made by the said Commissioners of the Customs in respect of Warehouses of special Security, as well those of original Appointment, as those of Revocation, Alteration, or Addition, shall be published in the London Gazette, for such as shall be appointed in Great Britain, and in the Dublin Gazette, for such as shall be appointed in Ireland.

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VIII. AND be it further enacted, That before any Goods shall be entered to be warehoused in any Warehouse, in respect of which Security by Bond shall be required as aforesaid, the Proprietor or Occupier of such Warehouse, if he be willing, shall give general Security by Bond, with Two sufficient Sureties, for the Payment of the full Duties (2) of Importation on all such Goods as shall at any Time be warehoused therein, or for the due Exportation thereof (3); AND if such give particular Proprietor or Occupier be not willing to give such general Security, the different Importers (4) of the separate Quantities of Goods shall, upon each Importation, give such Security in respect of the particular Goods imported by them respectively,- before such Goods shall be entered to be warehoused.

or Importer

Bond

Sale of Goods in Warehouse by Proprietor to be valid, although they remain in such Warehouse,

IX. AND be it further enacted, That if any Goods lodged in any Warehouse shall be the Property of the Occupier of such Warehouse, and shall be bonâ fide sold by him, and upon such Sale there shall have been a written Agreement signed by the Parties, or a written Contract of Sale made, executed, and delivered by Broker, or other Person legally authorized for or on behalf of the Parties respectively, — and the Amount of the Price stipulated in the said Agreement or Contract shall have been actually paid or secured to be paid by the Purchaser, every such Sale shall be valid, although such

(1) See § 2. and 3.

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(2) See General Liability of Occupier, § 10.

(3) For Removal, see § 22. and 23.

(4) Fresh Bond may be given by new Proprietor, § 28.

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provided that a

Goods shall remain in such Warehouse,
Transfer of such Goods, according to such Sale, shall have
been entered in a Book, to be kept for that Purpose by
the Officer of the Customs having the Charge of such
Warehouse, who is hereby required to keep such Book,
and to enter such Transfers with the Dates thereof, upon
Application of the Owners of the Goods, and to produce
such Book upon Demand made.

Transfer of such Goods to a Book.

be entered in

X. AND be it further enacted, That all Goods ware- Stowage in housed shall bestowed in such Manner (1) as that easy Warehouse to afford easy Access may be had to every Package or Parcel of the

same;

Access,

AND if the Occupier of the Warehouse shall Penalty 51. omit so to stow the same, he shall for every such Omission forfeit the Sum of Five Pounds; AND if any Goods shall be taken out of any Warehouse without due Entry of the same with the proper Officers of the Customs, the Occupier of the Warehouse shall be liable to the Payment of the Duties due thereon.

Goods fraudu

lently concealed or removed,

XI. AND be it further enacted, That if any Goods warehoused shall be fraudulently concealed in-or removed from the Warehouse (2), the same shall be for- forfeited. feited; AND if any Importer or Proprietor of any Penalty on Goods warehoused, or any Person in his Employ, shall, opening Ware by any Contrivance, fraudulently open the Warehouse house without or gain Access to the Goods, except in the Presence of the proper Officer acting in the Execution of his Duty,such Importer or Proprietor shall forfeit and pay for every such Offence the Sum of Five hundred Pounds.

the Officer,

500l.

XII. AND be it further enacted, That within One Examination on Month after any Tobacco (3) shall have been warehoused, Entry and -and upon the Entry and Landing of any other Goods Landing. to be warehoused, the proper Officer of the Customs

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shall take a particular Account (4) of the same, — and
shall mark the Contents (5) on each Package,—and shall Marking
mark the word " Prohibited" on such Packages as contain Package.
Goods prohibited to be imported for Home Use;

(1) Commissioners may direct, § 2.

(2) See also Cap. 108. § 32. and 45.

(3) Party may attend to sort, separate, repack, and abandon damaged Parts, § 32.

(4) Duties due thercon, § 18.

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