« 이전계속 »
i6 &i7 vie. same shall be forfeited, together with the barge, lighter, boat, or Brui.h .tat. other vessel employed in removing the same.
52. The captain, master, purser, or other person having the fioS'* charge of any ship (having commission from her majesty, or from lAips. any foreign state) having on board any goods laden in parts foreign, beyond the seas shall on arrival at any port in the united kinggSgon doni, and before any part of such goods be taken out of such wnfn p"r ship, or when called upon so to do, by any officer of the customs, charge to deliver an account in writing under his hand to the best of his «ccuVunt?or knowledge of the quality and quantity of every package or forfeit fioo. parcel 0f 8UCh goods, and of the marks and numbers thereon, and of the names of the respective shippers and consignees of the same, and shall make and subscribe a declaration at the foot of such account declaring to the truth thereof, and shall also truly answer to the collector or comptroller such questions concerning such goods as shall be required of him, and on failure thereof such captain, master, purser, or other person shall suchahip* forfeit the sum of £100; and all such ships shall be liable to •Arch.0 such searches as merchant ships are liable to, and the officers of the customs may freely enter and go on board all such ships, and bring from thence on shore into the queen's warehouse any goods found on board any such ship as aforesaid, subject nevertheless to such regulations in respect of ships of war belonging to her majesty as shall from time to time be directed in that respect by the commissioners of her majesty's treasury.
M«»ter to 53. The master of every ship arriving from parts beyond the of'iadi'ig'11* 8eas 8na^ at tne t'me °f making such report, deliver to the col«nd amwer lector or comptroller, if required, the bill of lading, or a copy thereof, for every part of the cargo laden on board, and shall answer all such questions relating to the ship, cargo, crew, and voyage as shall be put to him by such collector or comptroller; and in case of failure or refusal to answer such questions or answer truly, or to produce any such bill of lading or copy, or if any such bill of lading or copy shall be false, or if any bill of lading be altered or produced by any master, and the goods expressed therein shall not have been bona fide shipped on board such ship, or if any bill of lading uttered or produced by any roaster shall not have been signed by him, or any such copy shall not have been received or made by him, previously to his leaving the place where the goods expressed in such bill of lading Bulk noi to or copy were shipped, or if after the arrival of any ship within or Btowage four leagues of the const of the United Kingdom bulk shall be altered. broken, or any alteration made in the stowage of the cargo of such ship so as to facilitate the unlading of any part of such cargo, or if any part be staved, destroyed, or thrown overboard, or any package be opened, unless accounted for to the satisfaction of the commissioners of customs, in every such case such S."' master shall forfeit the sum of £100.
54. If the contents of any package intended for exportation in the same ship shall be reported by the master as being unknown to him, the otlicers of the customs may open and examine such package on board, or bring the same to the queen`s warehouse for that purpose, and if there be found in such package any oods which are prohibited to be imported such goods shall be forfeited, unless the commissioners of customs shall permit them to be exported.
69. If any package or parcel shall have been landed by or in pursuance of any entry, and any goods or other things shall be tbund in such package or parcel concealed in any way or packed in any way to deceive the officers, such package or parcel and all the contents thereof shall be forfeited ; and if any goods be taken or delivered out of any ship or out of any warehouse, not having been duly entered, the same shall be forfeited: Provided always, That no entry shall be required in respect of the baggage of passengers, which may be examined, landed, and delivered under such regulations as the commissioners of customs may direct, but if any prohibited or nncustomed goods shall be found concealed therein, either before or after landing, the same shall be forfeited, together with the other contents of the package containing the same. `
119. No goods shall be shipped, put oft, or waterborne, to be shipped for exportation from any port or place in the United Kingdom, except on days not being Sundays or holidays, nor from any place except some legal qnay, wharf, or other place dnl appointed for such purpose, nor without the presence or authority of the proper oflieer of customs, nor before due entry outwards of such ship, and due entry of such goods, nor before such goods shall have been duly cleared for shi ment; and it shall be lawful for the searcher to open all packages, and fully to examine all oods shipped or brought for shipment at any place in the United Kingdom.
144. If any goods shall be shipped, put oft; or waterborne, to be shipped, without being duly cleared, or otherwise contrary to the provisions of this act, the same shall be liable to forfeiture.
146. Any otlicers of customs may go on board any ship after clearance outwards within the limits of any port in the United Kingdom, or within four leagues of the coast thereof, and may demand the ship’s clearance, and if there be any goods on board in respect of which certificates are required, not contained in such certificates, or any stores not endorsed on the victualling bill, such goods or stores shall be forfeited; and if any goods contained in such certificates be not on board, the
i«* 17 vie master shall forfeit the sum of £20 for every package or parcel British stat. of goods contained in such certificates and not on board.
omoer may ^^8. Any officer of the customs may go on board any coastgo on board ing ship in any port or place in the United Kingdom, or at any ine any period of her voyage, search such ship, and examine all goods sMpUng on board, and all goods then landing or unlanding, and demand all documents which ought to be on board such ship, and the collector or comptroller may require that all or any such documents shall be brought to him for inspection, and the master of any ship refusing to produce such documents on demand, or to bring the some to the collector or controller when required, shall forfeit and pay the sum of £20.
As to particular provisions relating to the Channel Islands and
omccramay 181. The officer of customs may go on board any ship in any
Ip*' port in any British possession in America, and rummage and
search ships for prohibited goods, and if there be any goods on
board prohibited to be imported into such possession they shall
s^jf 182. All vessels, boats, goods, and other things which shall
unclaimed have been or shall hereafter be seized as forfeited in or near to'^'con-1'' any of the British possessions abroad, under this or any act anddtit relating to the customs, shall be deemed and taken to be with ac- condemned, and may be dealt with in the manner directed by g7 law in respect to vessels, boats, goods, and other things seized and condemned for breach of any such act, unless the person from whom such vessels, boats, goods, and other things sliall have been seized, or the owner of them, or some person authorized by him, shall, within one month from the day of seizing the same, give notice in writing to the person or persons seizing the same, or to the chief officer of customs at the nearest port, that he claims the vessel, boat, goods, or other things, or intends to claim them.
Persons ]89. All persons authorized to make seizures under an act
towiM 5 Geo. TV. c. 113, entitled, An act to amend and consolidate the
oeofi v. c. ^a*DS relating to the abolition of the slave trade, shall, in making
bin'eiu h»ve and prosecuting any such seizures, have the benefit of all the
thu act. provisions granted to persons authorized to "make seizures under
Application this act; and all penalties and forfeitures created by the said
at penalties. ac^> whether pecuniary or specific, shall (except in cases specially
provided for by the said act) go and belong to such persons as
are thereby authorized to make seizures, in such shares, and
shall and may be sued for, and prosecuted, tried, recovered,
(a) See Boats And Equipments- Smvcglinu. (Potl.)
distributed, and applied, in such and the like manner, and by i6*i7Vic. the same ways and means, and subject to the same rules and British »ut. directions, as any penalties and forfeitures incurred in Great' Britain and in British possessions in America respectively now go and belong to, and may be sued, prosecuted, tried, recovered, and distributed respectively in Great Britain or in the said possessions, under and by virtue of this act.
16 and 17 Vic. c. 131.] An act to amend various laws relating 18*i3iV,c' to merchant seamen. British »tat.
Brit. [August 20th, 1853.] ^sT^
16 and 17 Vict. c. 131, sec. 33.] Whereas it is expedient to prevent the undue assumption of the British flag and national ou character, Be it enacted: That if any person or persons use the dory's* British flag, and assume the British national character on board British any ship owned in whole or in part by any persons not being Jjjfbj" entitled by law to own British ships and navigate them under ■*'»** »nd British colours and papers, for the purpose of making such ship «djSc&-°r appear to be a British ship, it shall be lawful for any officer on tioa' full pay in the naval service of her majesty, or any officer of customs, to seize and detain such ship on the high seas, or in any British port, and to bring her for adjudication before the high court of admiralty or any vice court of admiralty in her majesty's dominions.
34. If it is made to appear to such court by competent JJ^JJ"'*" evidence that such ship has been navigated under the British pro°ed,"tb« flag and British papers, though owned in whole or in part by SSdenlrftd? any person or persons not entitled to own British ships contrary to the true intent and meaning of this act, the said court may
E renounce the said ship to be confiscated to her majesty, her eirs and successors.
17 Vic. C. 2.1 For the warehousing of goods imported into this n vw.c. 2.
_ _ J. - T* f \ Talann1 Ant
island, and for the prevention of smuggling, (a)
17 Vic. c. 2, sec. 20.] All goods, and all ships, vessels, and &<***• boats, and all carriages, and all cattle liable to forfeiture, under naSe to *' this, or any act, relating to customs, or to trade or navigation, JU^toTM' shall and may be seized and secured by any officer of the customs, *°£^y
(a) These provisions are taken from Act, 8 it 9 Vic. c. 93, now repealed by similar clauses in the British Possessions the imperial act 16 & 17 Vic c 107.
V»iMidAof or navv> or by any person employed for that purpose, by or with v—-^—.J. the concurrence of the officers of her majesty's customs; and every Ism. person who shall in any way hinder, oppose, molest, or obstruct offlceTM'pe? any officer of the customs or navy, or any person so employed Mity £200. ag aforesaid m tne exercise of his office, or any person acting in
his aid or assistance, shall, for every such offence forfeit the sum
rauunce ^2. Under the authority of a writ of assistance, granted
to search for by the superior or supreme court of justice, or court of vice
good« Habia admiralty, having jurisdiction in the place (who are hereby
to forfeiture. authorized and required to grant such writ of assistance upon
application made to them tor that purpose by the principal
officers of her majesty's customs), It shall be lawful for any
officer of the customs, taking with him a peace-officer, to enter
any building, or other place, in the day-time, and to search for,
and seize, and secure any goods liable to forfeiture under this or
any act relating to the customs, or to trade or navigation, and,
in case of necessity, to break open any doors, and any chests, or
other packages for that purpose; and such writ of assistance,
when issued, shall be deemed to be in force during the whole of
of the reign in which the same shall have been granted, and for
twelve months from the conclusion of such reign, (a)
o°«d«»«i"<j 24. All things which shall be seized as being liable to for»t the nol* feiture under this or any act relating to the customs, or to trade houKsTand or navigation, shall be taken forthwith and delivered into the cusMctfon. to^y °f tne collector and controller of the customs at the customhouse next to the place where the same were seized, who shall secure the same by such means, and in such manner, as shall be provided and directed by the principal officers of her majesty's customs at the port of Kingston; and, after condemnation thereof, the collector and controller shall cause the same to be sold by public auction to the best bidder: Provided always, That it shall be lawful for the said principal officers at Kingston to direct in what manner the produce of 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.
(a) Sec. 23. See Assaults. (Pott.)