« EelmineJätka »
No. 5. discontinue his action, or judgment shall be given for the defendOrd. No.7, ant upon demurrer, then such defendant shall be entitled to the 1849. like costs as he would have been entitled to in case he had
pleaded the general issue only: Provided always that it shall be lawful for such defendant, by leave of the Court where such action shall be brought, at any time before issue joined, to pay money into
Court as in other actions. Action to be XLIV. That every such action shall be brought within three brought within calendar months after the cause thereof, and the defendant may three months.
plead the general issue, and give the special matter in evidence, and if the plaintiff shall become nonsuited, or shall discontinue the action, or if upon a verdict or demurrer judgment shall be given against the plaintiff, the defendant shall recover treble costs, and have such remedy for the same as any defendant can have in other cases where costs are given by law.
XLV. That in case any information or suit shall be brought to certify probable trial on account of any seizure made under this or any Ordinance cause of seizure. relating to the revenue of these islands, and a verdict shall be
found for the claimant thereof, and the Judge or Court before whom the cause shall have been tried shall certify on the record that · there was probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action, indictment, or other suit or prosecution on account of such seizure; and if any action, indictment, or other suit or prosecution shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against the defendant, the plaintiff, besides the thing seized, or the value thereof, shall not be entitled to more than Twopence damages, nor to any costs of suit; nor shall the defendant in such prosecution
be fined more than One shilling. If the Judge XLVI. That in any such action, if the Judge or Court before certify, the whom such action shall be tried shall certify upon the record that damages to be
the defendant or defendants in such action acted upon probable nominal.
cause, then the plaintiff in such action shall not be entitled to more
than Twopence damages, nor to any costs of suit. Penalties on
XLVII. That if any officers of the revenue shall make any collusive collusive seizure, or deliver up, or make any arrangement to deliver seizure, bri
up, or not to seize any vessel, boat, or goods liable to forfeiture bery, &c.
under this or any Ordinance relating to the revenue ; or shall take any bribe, gratuity, recompense, or reward for the neglect or nonperformance of his duty, every such officer shall forfeit for every such offence the sum of Five hundred pounds, and be rendered incapable of serving Her Majesty in any office whatever; and every person who shall give or offer, or promise to give, or procure to be given, any bribe, recompense, or reward to, or shall make any collusive agreement with any such officer to induce him in any way to neglect his duty, or to do, conceal, or connive at anything whereby the provisions of this or any Ordinance relating to the revenue of these islands may bo evaded, shall forfeit the sum of Two
hundred pounds. Obstructing XLVIII. That if any person shall by force or violence resist, Officers by
oppose, molest, hinder, or obstruct the Receiver-General or any force.
officer of the revenue in the exercise of his office, or any person acting in his or their aid or assistance, such person being thereof convicted, shall be adjudged a felon, and shall be liable to be im
to lie on the
prisoned with or without hard labour, for such term as the Court No. 5. shall think fit.
Ord. No. 7, XLIX. That if any goods shall be seized for non-payment of
1849. duties, or any other cause of forfeiture, and any dispute shall arise
Onus Probandi whether the duties have been paid for the same, or the same have been lawfully imported, or lawfully laden or exported, the proof claimant. shall lie on the owner or claimer of such goods, and not on the officer who shall seize or stop the same.
L. That if any goods, or any ship or vessel shall be seized as Bail may be forfeited under this or any act relating to the revenue of these given for goods islands, and detained, it shall be lawful for the Judge or Judges of
or ships seized. any court having jurisdiction to try and determine such seizure, to order the delivery thereof on security by bond, with two sufficient sureties to answer in double the value of the same in case of condemnation; and such bond shall be taken to the use of Her Majesty in the name of the Receiver-General; and such bond shall be delivered to and kept in custody of the Receiver-General ; and in case the goods, or the ship, or vessel shall be condemned, the value thereof shall be paid into the hands of the ReceiverGeneral, who shall thereupon cancel such bond. And the Judge And sale or Judges of any Court before whom any goods so seized shall be thereof may prosecuted, may, if such Judge or Judges see fit, order the sale be ordered. thereof, or of any part thereof, pending such prosecution, on application by the prosecutor or any claimant.
LI. That no claim to anything seized under this or any other Claim to thing Ordinance relating to the revenue of these islands, and returned seized, to be in into any of Her Majesty's Courts for adjudication, shall be the name of the
LII. That no person shall be admitted to enter a claim to No claim
LIII. That it shall be lawful for the Receiver-General to sue for Receiverand recover any duty or tax imposed by any Ordinance of the General to Legislature of these islands relating to the revenue, to be received recover duties or collected by the Receiver-General, together with full costs of or penalties. suit, and also for any penalty or forfeiture incurred under this Ordinance or any other such Ordinance as aforesaid, together with full costs of suit in any of the superior Courts of Record in these islands, by bill, plaint, or information, wherein no essoin, protection, or wager of law shall be allowed : Provided always, that when any Proviso. such duty, tax, penalty, or forfeiture shall not exceed the sum of Five pounds, and the Receiver-General shall think fit so to sue for the same--the same may be sued for and recovered, with costs of
No. 5. suit, before any Justice or Justices of the Peace, in like manner as Ord. No.7, debts not exceeding Five pounds may be sued for and recovered in
1849. ordinary cases. Seized goods
LIV. That all vessels, boats, goods, and other things which shall if unreclaimed have been, or shall hereafter be seized as forfeited under this or to be deemed any other Ordinance relating to the revenue of these islands, shall condemned. be deemed and taken to be condemned, and may be dealt with in
the manner directed by law in respect to vessels, boats, goods, and other things seized and condemned for breach of any such Ondinance, unless the person from whom such vessel, boats, goods, and other things shall have been seized, or the owner of them, or some person authorized by him, shall, within one calendar month from the day of seizing the same, give notice in writing to the RecaiferGeneral that he claims the goods or other things, or intends to
claim them. Appraisement LV. That the value of articles seized as aforesaid shall, for the 0. goods seized. purposes of the preceding section, be ascertained by two or more
appraisers, for that purpose to be appointed by the ReceiverGeneral or chief officer of the revenue, at the port where such
seizure is made. Prosecutions LVI. That all actions or suits for the recovery of any of the for penalties
penalties or forfeitures imposed by this or any Ordinance relating to commence within six
to the revenue may be commenced and prosecuted at any time inonths.
within six months after such offence committed, any law, custom,
or usage to the contrary notwithstanding. The President LVII. That in case any boat, vessel, or goods shall be seized or may remit
detained as forfeited, or under a suspicion of fraud, or the master Fines, &c., on
of conditions to be
any ship or vessel, or other person, shall have become liable to specified. any penalty or imprisonment, by virtue of any Ordinance relating
to the revenue, and the President of these islands shall deem it expedient that such vessel, boat, or goods should be restored, or the penalty should be mitigated or remitted, or that such person should be released from confinement, it shall be lawful for the President aforesaid to order and direct that such vessel, boat, or goods shall be restored, or such penalty or imprisonment be remitted, and to annex such terms and conditions as he thinks necessary; and if the proprietors of any such boat, or vessel, or goods, or the master of any vessel, or other person as aforesaid, shall accept the ternis and conditions so offered, he or they shall not have or maintain any action for recompense or damage on account of such seizure, detention, or imprisonment, and the person making such seizure shall not proceed in any manner for condemnation, but every such seizure or 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 : Provided, however, that no person shall be entitled to the benefit of any order for such delivery, mitigation, remission, or release, unless such terms and conditions are fully complied with.
LVIII. That whenever any penalty shall be sued for under the to issue for re- provisions of this or any other Ordinance of these islands relating covery of penalties.
to the revenue, against any person in any Court of Record, a capias may
issue as the first process, specifying the amount of penalty sued for; and such person against whom such capias shall issue shall be obliged to give sufficient bail or security, by natural-born subjects or denizens, to appear at the return of such writ, and
answer such suit or prosecution, and shall also at the time of No. 5. appearance give such sufficient security as aforesaid to answer and Ord. No. 7, pay such penalties and forfeitures as may be incurred for such 1849. offence, in case conviction should ensue, or otherwise yield his, her, or their bodies to prison.
LIX. That in all cases of seizure prosecuted in the Superior Judge of the Court, the presiding Judge of such Court shall decide and adjudi- Superior Court
to adjudicate on cate therein, and the mode of proceeding in such cases shall be
and make rules regulated by rules for that purpose to be made by such Judge, for prosecutions which rules, when framed, shall be published for general informa- for forfeitures tion.
in said Court. LX. That any case of seizure prosecuted in the Police Court, or Police Mabefore Justices as aforesaid, shall be regulated by rules to be gistrate to
trame rules for framed for that purpose by the Police Magistrate, which rules,
summary prowhen approved of by the President of these islands, shall be pub- cess to be aplished for general information.
proved of by LXI. That an appeal shall lie to the President in Council from the President. the decision of the Judge or Justices, in any case of seizure pro-· Appeals from secuted under this Ordinance, where such Judge or Justices shall any decisions,
to the President decree the condemnation of the article seized : Provided that
ip Council. notice of such appeal be given within ten days after sentence pro- Provided notice nounced, exclusive of the day of pronouncing the same, the mode given within of proceeding in appeal cases being regulated by rules to be framed ten days. for that purpose by the President of these islands.
LXII. That it shall be lawful for the President of these islands, The President and he is hereby authorized, on the condemnation of any vessel, to authorize
and direct disboat, or goods, or the recovery of any penalties under this or any
tribution of other Ordinance of these islands relating to the revenue, to direct
property seized. the distribution of the seizor's share of such vessel, boat, or goods, or any penalties or rewards that may be recovered on account of any seizure, in such manner as to enable any officer or officers, or other person or persons, through whose information or means such seizure shall have been made, or penalty recovered, or party apprehended, and who may be deemed to be so entitled to participate in such proportions as such President shall deem expedient.
LXIII. That all penalties and forfeitures under this or any Distribution other Ordinance of these islands relating to the revenue shall, of seizures not when not otherwise directed, be distributed in manner following,
rected. viz. :-One-third part to Her Majesty, her heirs and successors, in aid of the support of the Government of these islands, one third part to the President for the time being, and the remaining part thereof to the person prosecuting for the same.
LXIV. That all penalties and forfeitures collected under this Appropriation Ordinance shall be appropriated and applied, in such manner only of duties, as shall be directed by any Ordinance now or hereafter to be made and passed within these islands. LXV. That this Ordinance shall come into operation when and When this
a certain Ordinance passed in the present session, Ordinance to entitled, “ An Ordinance to Repeal certain Customs' Duties,” shall come into take
effect, and from the day that it so comes into operation shall operation, continue and be in force until the first day of January in the of our Lord One thousand eight hundred and fifty-six, and from thence to the end of the then next session of the Legislature, and no longer.
SO soon as
per cwt. » per bbl.
When property is seized under any revenue law, for two or more distinct breaches of the same, such
3. A copy of the information must be furnished to each claimant,
No. 5. Ord. No. 7,
FORM OF BILL OF ENTRY (SCHEDULE A). 1849.
PORT OF GRAND CAY, TURKS ISLANDS, 6TH JULY, 1850. Imported in the British schooner “John Russel," James, Mastar, from St. Thomas, the following articles :
Rate of Amount of Description. Quantity.
£ 8. d.
1 Pipe 100 Galls. 60 0 0 At per Gall.
2 Dmjns. 10 galls. 2 10 0
10 15 0
£114 15 6 Cotton gooils, 3 Cases.
10 0 0 Linen goods, 2 Trunks.
10 0 0
£20 0 I, the foregoing to be a true and correct entry of the goods imported by me in the above-mentioned vessel, and of the quantity, value, and other particulars of such goods.
PERTY SEIZED AS LIABLE TO FORFEITURE FOR A BREACH
1. No claim to property seized can be entertained until the claimant has complied with the provisions of the Ordinance No. 1 of 1849. If this is not done within one month from the date of seizure, the property will thereby be forfeited.
2. Where a prosecution becomes necessary, a written statement must be filed in the Prothonotary's office, in the nature of a information, setting forth the quantity and value of the property seized, the name of the owner, and the clause of the law by virtue of which such seizure was made, concluding with a prayer for the condemnation of the same. breaches must be stated in separate counts. days, otherwise judgment by default will be given.
4. The answer is to be filed with the Prothonotary, and must