MISCELLANEOUS. Authority of an Agent may be required. Seizures. Ship to include Goods to include cure any Writing or Document to be made for any of such Purposes, EVERY Person so offending shall for every such Offence forfeit the Sum of Two hundred Pounds: PROVIDED always, that this Penalty shall not attach to any particular Offence for which any other Penalty shall be expressly imposed by any Law in force for the Time being. CXXVII. AND be it further enacted, That whenever any Person shall make any Application to any Officer of the Customs to transact any Business on Behalf of any other Person (1), it shall be lawful for such Officer to require of the Person so applying, to produce a written Authority from the Person on whose Behalf such Application shall be made; and in default of the Production of such Authority, to refuse to transact such Business. CXXVIII. AND be it further enacted, That all Goods, and all Ships, Vessels, and Boats, which by this Act or any Act at any Time in force relating to the Customs shall be declared to be forfeited,-shall and may be seized by any Officer of the Customs (2),· AND such Forfeiture of any Ship, Vessel, or Boat, shall be deemed to include the Guns, Tackle, Apparel, and Furniture of the same; - AND such Forfeiture of any Goods shall be deemed to include the proper Package in which the same are contained : Goods restricted PROVIDED always, that all Goods, the Importation of which is restricted, either on account of the Packages the Place from whence the same shall be brought, otherwise, shall be deemed and taken to be prohibited Goods; and if any such Goods shall be imported into the United Kingdom other than to be legally (3) deposited or warehoused for Exportation, the same shall be forfeited. deemed pro hibited. Restoration of seized Goods, Ships, Vessels, or Boats, to be or or CXXIX. AND be it further enacted, That in case any Goods, Ships, Vessels, or Boats shall be seized as forfeited, or detained as undervalued (4), by virtue of any - (1) Agents in certain Cases require Licence, see $ 139 to 143. Agents declaring Value of Goods without Authority, $ 19. and 60. (2) See further, Cap. 108. § 34. See also, (3) For Goods which cannot be imported to be warehoused, see § 53. (4) See § 20. and 61. Act of Parliament relating to the Customs, in the Comunis. toms. lawful for the Commissioners of His Majesty's Customs to order the same to be restored, in such Manner and on such sioners of Cus Terms and Conditions as they shall think fit to direct; AND if the Proprietor of the same shall accept the Terms and Conditions prescribed by the said Commissioners, he shall not have or maintain any Action for Recompence or Damage on account of such Seizure or Detention, — and the Person making such Seizure shall not proceed in any Manner for Condemnation. CXXX. AND be it further enacted, That if any Ship shall have become liable to Forfeiture on account of any Goods laden therein or unladen therefrom, or if the Master of any Ship shall have become liable to any Penalty on account of any Goods laden in such Ship or unladen therefrom, and such Goods shall be small in Quantity or of trifling Value, and it shall be made appear to the Satisfaction of the Commissioners of His Majesty's Customs, that such Goods had been laden or unladen contrary to the Intention of the Owners of such Ship, or without the Privity of the Master thereof, as the Case may be,it shall be lawful for the said Commissioners to remit such Forfeiture, and also to remit or mitigate such Penalty, as they shall see reason to acquit such Master of all Blame in respect of such Offence, or more or less to attribute the Commission of such Offence to Neglect of Duty on his Part as Master of such Ship; AND every Forfeiture and every Penalty or Part thereof so remitted shall be null and void, and no Suit or Action shall be brought or maintained by any Person whatever on account thereof. CXXXI. AND be it further enacted, That if any Ship coming up- or departing out of-any Port in the United Kingdom, or in the Isle of Man, shall not bring to at the proper Stations (1) in such Port-appointed by the Commissioners of His Majesty's Customs for the boarding or landing -of Officers of the Customs, the Master of such Ship shall for every such Offence forfeit the Sum of One hundred Pounds. (1) See Inwards, § 12; Outwards, 80. Remission of Penalties by Commissioners, on Proof of In Forfeitures and nocence of Owners and Master. Ships not bringing to at Sta to forfeit. tions, Masters CXXXII. AND be it further enacted, That it shall be lawful for the Commissioners of His Majesty's Customs, and for the Collector and Controller of any Port under their Directions, to station Officers on board any Ship while within the Limits of any Port in the United Kingdom or in the Isle of Man ; AND the Master of every Ship on board of which any Officer is so stationed shall provide every such Officer sufficient Room under the Deck, in some Part of the Forecastle or Steerage, for his Bed or Hammock,and in case of Neglect or Refusal so to do, shall forfeit the Sum of One hundred Pounds. any CXXXIII. AND be it further enacted, That whenever Goods shall be taken to and secured in any of the King's Warehouses in the United Kingdom or in the Isle of Man,- for Security of the Duties thereon, or to prevent the same from coming into Home Use, it shall and may be lawful for the Commissioners of His Majesty's Customs to charge and demand and receive - Warehouse Rent for such Goods, - for all such Time as the same shall remain in such Warehouse, at the same Rate as may be payable for the like Goods when warehoused in any Warehouse in which such Goods may be warehoused without Payment of Duty. CXXXIV. AND be it further enacted, That in case such Goods shall not be duly cleared from the King's Warehouse within Three Calendar Months, (or sooner, if they be of a perishable Nature), it shall be lawful for the Commissioners of His Majesty's Customs to cause such Goods to be publicly sold by Auction,- for Home Use or for Exportation, as the Case may be; AND the Produce of such Sale shall be applied towards the Payment of the Duties, if sold for Home Use, and of the Warehouse Rent and all other Charges; and the Overplus, if any, shall be paid to the Person authorized to receive the same: PROVIDED always, that it shall be lawful for the said Commissioners to cause any of such Goods to be destroyed as cannot be sold for a Sum sufficient to pay such Duties and Charges, if sold for Home Use, or sufficient to pay such Charges, if sold for Exportation: PROVIDED also, that if such Goods shall have been Janded by the Officers of the Customs (1), and the Freight (1) See Power of Officers to land Goods, § 16. See also Cap. 110. § 45. of the same shall not have been paid, the Produce of MISCELLANEOUS. such Sale shall be first applied to the Payment of such Freight. CXXXV. AND be it further enacted, That it shall be lawful for His Majesty, by His Commission out of the Court of Exchequer, from Time to Time-to appoint any Port, Haven, or Creek in the United Kingdom, or in the Isle of Man, and to set out the Limits thereof,and to appoint the proper Places within the same, to be legal Quays for the lading and unlading of Goods:PROVIDED always, that all Ports, Havens, and Creeks, and the respective Limits thereof, and all legal Quays -appointed and set out, and existing as such at the Commencement of this Act, under any Law till then in force, -shall continue to be such Ports, Havens, Creeks, Limits, and legal Quays respectively, as if the same had been appointed and set out under the Authority of this Act. - - Power for His Majesty to aplegal Quays. point Ports and CXXXVI. AND be it further enacted, That it shall be Commissioners lawful for the Commissioners of His Majesty's Customs, Sufferance may appoint from Time to Time, by any Order under their Hands,-to Wharfs. appoint Places to be Sufferance Wharfs, for the lading and unlading of Goods by Sufferance, to be duly issued by them, or by the proper Officers under their Directions, in such Manner and in such Cases as they shall see fit. CXXXVII. AND be it further enacted, That no Ship No Ships enor Boat appointed and employed ordinarily for the Carriage Carriage of gaged in the of Letters, shall import or export any Goods without Letters to im Permission of the Commissioners of His Majesty's Customs, — under the Penalty of the Forfeiture of One hundred Pounds, to be paid by the Master of such Ship or Boat. CXXXVIII. AND be it further enacted, That no Person shall be deemed to be an Apprentice for the Purposes of an Act passed in the Fourth Year of the Reign of His present Majesty, intituled An Act for regulating the Number of Apprentices to be taken on board British Merchant Vessels, and for preventing the Descrtion of Seamen; -unless the Indenture of such Apprentice shall have been enrolled with the Collector and Controller of the port or export Goods. No Person deemed an ApIndenture enrolled with Collector. prentice until MISCELLANEOUS. Port from which any such Apprentice shall first go to Sea after the Date of such Indenture, or in Default of such Enrolment, — until the same shall have been enrolled at some Port from which the Ship in which such Apprentice shall afterwards go to Sea shall be cleared. Licensed Agents. or clearing Ships, &c. as Agents, to be licensed and give Bond. CXXXIX. AND be it further enacted, That it shall not be lawful for any Person to act as an Agent (1) for transPersonsentering acting any Business at the Custom House in the Port of London (2), which shall relate to the Entry or Clearance of any Ship, or of any Goods, or of any Baggage, unless authorized so to do by Licence of the Commissioners of His Majesty's Customs, who are hereby empowered to require Bond to be given by every Person to whom such Licence shall be granted, with One sufficient Surety, in the Sum of One thousand Pounds, for the faithful and incorrupt Conduct of such Person and of his Clerks acting for him: PROVIDED always, that such Bond shall not be required of any Person who shall be One of the sworn Brokers of the City of London; — AND if any Person shall act as such Agent, not being so licensed,—or if any Person shall be in Partnership in such Agency with any Person not so licensed, - such Person shall in either Case for every such Offence forfeit the Sum of One hundred Pounds. Exception. Penalty. Treasury may revoke Licence. Not to extend to vants of Indi- CXL. AND be it further enacted, That it shall be lawful for the said Commissioners of His Majesty's Treasury, by any Order under their Hands, to revoke any such Licence, and that after a Copy of such Order shall have been delivered to such Person or to his Clerk, or left at his usual Place of Abode or Business, - such Licence shall be void. CXLI. PROVIDED always, and be it further enacted, That nothing herein contained shall extend to prevent the Clerk or Servant of any Person, or of any Persons in Clerks in Long Co-partnership, from transacting any Business at the Custom House, on account of-such Person or Persons, without such Licence; - provided such Clerk or Servant shall not transact any such Business as Clerk, Servant, or Room. (1) See general Provision as to one Person acting for another in any Case, $127. (2) May be extended to any other Port, § 143. |