Page images
PDF
EPUB

&gree

[ocr errors]

sufferance from the commissioners and officers of customs, and under an order from the landing waiters, and likewise in the presence of such superior officer as the commissioners shall ap. point. S. 9.

And if any of the marks or seals shall be altered or broken, by the master, or by any of the crew, or by any other person, with the privity of the master, such master, and also the mate

or person next in command, shall forfeit 2001. s. 10. Penalty on the If 'any package whatever, reported by the master, shall be

he wanting, or the goods reported shall not agree with the manifest, goods reported

vith or if either the report or manifest shall not agree with the cargo the manifest. on board, then the master shall forfeit 2001. S. 12.

But if any goods be imported without such manifest, or if the manifest shall not agree with the report, or be defaced or in. correct, or shall not agree with the goods on board, and it shall be made to appear, to the satisfaction of the commis. sioners, that the cargo was wholly taken on board, in foreiga parts, and that no part has been unshipped since, and that the manifest has been lost or mislaid without fraud, or defaced by accident, or incorrect by mistake, the penalties shall not be incurred. Ibid.

And in case any goods shall from necessity, be taken on board, after suck manifest shall have been attested as before directed, the master shall make out and sign a separate manifest of all such goods, which shall be subject to the same provisions as other manifests; and in such case the penalties, with respect to goods imported without a manifest, shall not be incurred, if the neces. sity of takiog such goods on board shall be made appear to

the satisfaction of the commissioners. Ibid. Penalty on suf- And if any goods shall after the arrival of the vessel within fering goods to the above limits, or after the first production of the manifest be thrown over- (whether iuserted or not), be thrown overboard or staved, or board.

otherwise destroyed (except in case of necessity, to be proved to the satisfaction of the commissioners), the master shall for.

feit 2001. s. 13. Penalty on And the master of any vessel coming from foreign parts, shall masters not not presume to pass the usual places appointed for stationing bringing to at officers by the commissioners of customs, without bringing to the usual stavous of the re, and receiving the revenue officers on board, unless in case of ne. venue officers. Cessity, or distress of weather or other accident, to be proved

to the commissioners; and every master who shall so pass with

out bringing to, shall forfeit 2001. s. 22. No goods to be By 12 Car. 2. c. 4, if any goods or merchandize sball be brought unshipped, till from parts beyond the seas unto this realm, and be upshipped to

aid. be laid on land, the customs and other duties not paid, nor ten.

dered, nor agreed with for in the custom house, all the said goods and merchandizes whatsoever shall be forfeited *. $. 2.

the

* And by 96 Geo. 3. c. 40, every importer, proprietor, or consignee of goods imported into Great Britain, shall, within 20 days after the master shall bave made his report upon oath, or after the expiratioa By 13 & 14 Car. 2. c. 11, if any goods or merchandize shall No goods to be be laden or taken, from and out of any ship or vessel, coming unshipped in and arriving from foreign parts, into any bark, hoy, lighter, without a war

t, anti in barge, boat, or wherry, without a warrant, and the preseoce of

presence of an one or more officers of the customs, such bark, hoy, lighter, officer. barge, boat, or wherry, shall be forfeited; and the master, purser, boatswain, or other mariner of any ship in ward bound, knowing and consenting thereunto, shall forfeit the value of the goods so unshipped. s. 7.

And if any oflicer shall make any false certificate of goods Penalty on ofwhich should have been landed out of any ship, such officer shall sicer making a lose his employment and forfeit 501. and suffer one year's im. faise certificate, prisondient, and be incapable of serving his majesty in any place of trust concerning his customs, and be further liable to such corporal punishment as the court of Exchequer shall think fit. s. 8.

And if any person shall counterfeit or falsify the same, or any or persons falsi. other custom-house warrant, he shall forfeit 1001, and the in- fying the same. strument be of no effect. Ibid.

By 8 Ann.c. 7, if any sort of goods whatsoever liable to du. The goods and ties, shall be unshipped, with intention to be landed, the cus- treble the value toms and other duties not being first paid or secured, or if any forfeited. prohibited goods whatsoever shall be imported, then not only the said uncustomed and prohibited goods shall be forfeited; but also the persons, who shall be assisting or otherwise concerned in the unshipping thereof, or to whose hands such goods shall kuowingly come, shall forfeit treble the value together vilh the vessels, boats, horses, and carriages made use of in the lading or conveyance of the goods. s. 17.

By 13 & 14 Car. 2. c. 11, if any wharfinger, or keeper of No goods to be any wharf, crane or key, or their servants or any of them, landed but in shall take up or land, or knowiogly suffer to be taken up or the presence of landed, at any of their said wharfs, cranes or keys, any goods, aid wharfs cranes or keys, any goods, an officer, and

on Wares, or merchandizes, prohibited, or whercof any custom er pointed.

of the time within which he is required by law so to do, make a due entry in writing, in the usual manner, with the collector or chief other of customs at the port where the ship shall arrive, of all the goods by them imported in such ship, or of which they are the importers, proprietors, or consignees, and shall pay the full duties due in ready money for such goods, within the tiine aforesaid ; and if they fail in so doing, the officers of customs may convey such goods to his majesty's warehouse at the custom-house for security of the duties ;

and if the full duties are not paid for such goods within three months' from the time they shall be brought to the warehouse, they shall be sold, and the produce applied agreeably to 12. Ann. c. 8. [that is to say, 'first to be applied to the paymeot of the freight, primage, warehouse room, and other charges, next the custovis, and the overplus to tbe proprietor.' 19 Ann. c. 8. 8. 11. ) provided nothing bere. in shall extend to the selling of any goods which may by law. be untered and warehoused, upon bond being given for the whole of the duties due thereon. s. it.

[graphic]

other duties are due and payable, without the presence of some of the officers of customs thereunto appointed, or at the hours and times not appointed by law, such wharfinger shall forfel

1001, s. 7. At what hoursof And by 1 Eliz. c. 11, it shall not be lawful to take op, disthe day goods charge and lay on land, or cause to be taken up or discharge tay be landed.

out of

any lighter, ship, crayer, vessel or bottom not being i a leak or wreck,and laid on land, any goods, wares,or merchat dizes whatsoever, fish taken by subjects, and salt only except ed, to be brought from beyond the seas, or Scoʻland, but on in the day light, that is to say, from 1 March until the last September, betwixt sun rising and sun setting; and from t last of September until 1 March, betwixt the hours of ser

the morning, and four in the afternoon, upon pain of forfe

ture of all such goods, wares, and merchandizes. $. 2. All goods to be By 13 & 14 Car. 2. c. 11, all foreign goods which by ti measured, persons appointed for managing the customs, and the custome weighed, and

collector, and comptroller, shall be permitted to be landed, at numbered as soon as landed. taken up by bills at sight, or bills at view or sufferance, she

be landed at the most convenient keys where the persons appointed customer, collector, or comptroller shall appoi and there or in his majesty's storehouse, at the election of officers, shall be measured, weigherl, and numbered, by and the presence of the officers, who shall perfect the entry, subscribe their names, and the next day shall make report every entry, without reasonable cause, or în default the

shall forfeit 1001. 5. 21. Penalty where And in case after the clearing of any ship, and dischar; goods are found the watchmen and tidesmen, there shall be found on board & after clearance. ship any goods concealed, and for which the duties upon im

tation have not been paid; the master or person taking ch

of such ship shall forfeit 1001. S. 5. Goods not re And by 5 Geo. 1. c. 11, in force until 29 September 1 ported found 43 Geo. 3. c. 29, after reciting, that in ships from foi after clearing, forfeited.

parts goods are often found at clearing such ships, conceale false bulk heads, between the linings and false knees, or in cealed lockers, in order to their being landed without payı of duties, so that it is almost impossible for the officers to cover them, without some previous information,' it is end that all goods not reported, and found after clearing the by the proper officer of customs, shall be liable to forfe

8. 4. Goods found And it is further provided by 9 Geo. 2. c. 35, that all concealed «fter found concealed on board any ship after the master shalt the master's re

made his report at the custom-house, and not menijos port ioricited, and the master the said report, shall be forfeited, and may be seized and to forfeit treble secuted by any officer of the customs; and the master of value.

ship, in case he was privy to such concealment, shall &

treble the value of the goods. S. 27. DIaster suffer. And by 6 Geo. 1. c. 21, if the master, purser, or p ing uncustomed tak ing charge of any ship or vessel, shall suffer any

tomed or prohibited goods to be put out of the said vessel, into or prohibited any hoy, lighter, boat, or bottom to be laid on lavd, he being goods to be unconvicted thereof, shall, besides the penalties to which he is lia. shipped. ble, suffer six months imprisonment. s. 32.

By 19 Geo. 3. c. 69, where the officers of customs or ex. Penalty on the cise shall discover ou board any ship, coming from foreign parts, master, mate, within the limits of any of the ports of this kingdom, more thau

or seamen,

smuggling one handred pounds weight of tea, not being in ships employed by the East India company, or more than one hundred gallons of foreign brandy, or of other foreign spirituous liquors, over the quantity of two gallons for every seaman on board, and being in casks under sixty gallons; the master shall forfeit three hundred pounds; and it shall be lawful for any officer of customs or excise, and for all other persons acting in their aid, to arrest the said master and to carry him before one justice, near where such ship shall then be, or where such person shall be ar. rested; who sball be obliged to enter into a recognizanco to his majesty, before such justice (with one other sufficient surety to be approved of by such justice, 26 Geo. 3. c. 77. 8. 9.) in three hundred pounds, with condition to enter an appearance in the court of Exchequer within the first four days of the term next casuing such arfest, to any information which shall be exhibited against him ; and such justice shall transmit such recognizance to the king's remembrancer in such court; and if such person shall refuse to enter into such recognizance, then such justice shall commit such person to the next county gaol until he shall enter into such recognizance. s. 7.

And by 21 Geo. 3. e. 92, if the master shall conceal, or suffer to be concealed, by his mate or seamen, or any of them, in any part of such vessel, or in any chest, any foreign spirituous liquors, over two gallons for each seaman on board, or any tea above six pounds, or any coffee above nineteen pounds; or if the master shall clandestinely import, or suffer to be clandestinely imported, any such foreign spirituous liquors, or any other uncustomed goods whatsoever, whereby the owners become liable to any penalties, or whereby such vessel is lable to be forfeited, the master shall not only forfeit to the owners all wages then due, but also the treble value of such foreign spirituous liquors, tea, coffee, or any other uncustomed goods whatsoever, over the penalties to which the master shall be subject by any laws now in force ; which penalties of treble the value shall be recovered of the master by, and shall go to, the owners. s. 1.

And it the mates or seamen shall clandestinely conceal or import any foreign spirituous liquors (over two gallons for each scaman on board), or any tea above six pounds, or any coffee above nineteen pounds, then such mates or seamen shall forfeit to the owners all wages then due, and also ten shillings each for every gallon of spirituous liquors, and ten shillings for every pound of tea, and also ten shillings for every pound of coffee.

[graphic]

And if such mates or seamen shall commit such offences it time of war, it shall be lawful for the owner to send suc mates or seamen on board some of his majesty's ships of was there to serve for three years, except such as are old, disabled or unfit for such service. s. 3.

And if such mates or seamen, disabled from serving in shig of war, in time of war, or if such, or any other mates or se men, shall be found offending against this act in time of peac and shall neglect or refuse to pay the penalties, being convicta

or shall not have effects to answer the same, it shall be la

ful (at the instance of the owners) for one justice,' by wa sant, to commit such offenders to the county gaol, for th months, or not less than six weeks. s. 5.

But the justices may mitigate the penalties, so as not to mit above one moiety. s. 6.

And no order shall be quashed, or be removed by certiora or any other writ, into any court at Wesiminster, or to the gen ral quarter sessions; but the order of such justice shall be fin s. 7.

And this act shall be printed, put up, and continued on so conspicuous part of every British vessel, trading to or from kingdom; and whenever the printed clauses shall be damag the master shall cause the same to be immediately replaced, der the penalty of one shilling a day during such omission; be paid to the owners, by warrant under the hand and sea one or more justices, s. 4.

This is a very irregular and confused act: First, no pa 'cular directions are given as to the mode of recovering the 'nalty inflicted on the master by sec. 1. it therefore seems

be recoverable only by action of debt on the statute. condly, there is no jurisdiction given to the justices of p to convict any offender in the penalties inflicted by sec. 9 the mates and seamen; for although the fifth section power to the justices to commit after conviction, yet the neither justice nor conviction mentioned before, norany po given to a justice to intermeddle; it is further oks able, that the justice cannot commit if the offender hath el sufficient to answer the penalties, and yet there is no p given to levy the same by distress.-Upon the whole, the . tice's jurisdiction herein is very imperfectly ascertained, o it is difficult to determine in what manner a magistrate

safely and effectually carry the provisions of this act execution.'

3. In ships in port outward bound. Tot No English By 13 & 14 Car. 2. c. 11, no captain, purser, or other Shipped till the son, taking charge of any ship bound for parts beyond

* If a statute inflicts a penalty, and there are no express directio its recovery, it is recoverable only by action in a court of revenue

[graphic]
« PreviousContinue »