before me or such other of Her Majesty's justices of the peace as may be then and there present to give evidence and testify the truth according to your knowledge concerning the facts alleged in a certain information exhibited against C.D. under "The Customs Regulation Act 1858," and herein fail not under the penalty therein provided.

Given under my hand this day of

in the year of our Lord, 18

FORM OF CONVICTION.

Be it remembered that on this

to wit. } of our Lord

day of

at

of

in the year C. D. is convicted before me [or us as the case may be] the undersigned one [or two] of Her Majesty's justices of the peace in and for the for that he the said C. D. [here state the offence as in the information] and [where the party has been convicted of an offence punishable by pecuniary penalty and imprisonment in default of payment] I or we adjudge the said C. D. for his said offence to forfeit and pay the sum of which if such be the case] I or we mitigate to the sum of and if the said sum of be not forthwith paid I or we adjudge the said C. D. to be imprisoned in her Majesty's gaol until the same be paid [or where it shall have been so adjudicated add instead of the words "until the same be paid" the words "for the period of six calendar months unless he shall sooner pay the said sum of "] or [where the party has been convicted of an offence punishable by imprisonment with hard labour] I or we adjudge the said C. D. for his said offence [and where the party has been previously convicted insert here “he having been previously convicted"] to be imprisoned in Her Majesty's gaol at and there kept to hard labour for the period of

Given under

day of

months. hand this

in the year of our Lord, 18

FORM OF COMMITMENT FOR NON-PAYMENT OF A PECUNIARY PENALTY.

}

to wit. To [A. B.] and to the keeper of the gaol at

[C. D.] having been this day convicted before me [or us as the case may be] the undersigned one [or two] of Her Majesty's justices of the peace in and for the of upon the information of [A. B.] an officer of Customs under the direction of the Commissioner of customs of having [here state the offence generally and the date thereof] I [or we as the case may be] did adjudge that the [C. D.] had forfeited for his said offence the sum of

if mitigated] which I [or we as the case may be] mitigated to the sum of which has not been paid.

[adding

These are therefore to command you forthwith to convey the said [C. D.] to the said gaol a and to deliver him to the said keeper

thereof.

And I [or we] the said justice or justices [as the case may be] do hereby authorize and require you the said keeper to receive the said [C. D.] into your custody, and him safely to keep in your said gaol until he shall duly pay the said sum of or be discharged according to law [or if it be so adjudicated insert instead of what follows the word "gaol" the words "for the period of six months unless he shall sooner pay the said sum of

of

FORM OF COMMITMENT TO HARD LABOUR. To [4. B.] and to the keeper of the gaol at to wit. C. D. having been this day duly convicted before me [or us as the case may be] the undersigned one [or two] of Her Majesty's justices of the peace in and for the upon the information of [A. B.] an officer of Customs under the direction of the Commissioner of customs of having [here state the offence generally and date thereof] I [or we as the case may be] did adjudge that the said C. D. should for his said offence [if previously convicted say "he having been previously convicted"] be imprisoned in the gaol at and be there

kept to hard labour for the period of

months.

These are to command you forthwith to convey the said [C. D.] to the said

gaol at and to deliver him to the said keeper thereof and I [or we] the said justice or justices [as the case may be] do hereby authorize and require you the said keeper to receive and take the said [C. D.] into your custody and him safely to keep to hard labour in your said gaol, for months.

Given under

of

the period of

hand at

this

day of

TENTH SCHEDULE.

in

the year of our Lord

An Ordinance to repeal within the said Colony of New Zealand an Act of the Governor and Council of New South Wales passed in the third year of Her present Majesty's reign intituled An Act to repeal an Act relating to the revenue of customs in New South Wales and to provide for the general regulation thereof;" and also a certain other Act of the said Governor and Council of New South Wales passed in the fourth year of the reign of Her said present Majesty Queen Victoria intituled 'An Act for increasing the duties on spirits wine and other goods and merchandise imported in the Colony of New South Wales and its dependencies' and which said Acts of the Governor and Council of New South Wales were adopted and are now in force within the said Colony of New Zealand and its dependencies and to make provision for the collection of certain duties on goods mported into, and for the general regulation of the revenue of customs in the Colony of New Zealand and its dependencies.

An Ordinance to amend an Ordinance enacted by the Governor and Council of New Zealand, Session I. No. 3, to repeal certain Acts of the Governor and Council of New South Wales to make provision for the collection of certain duties on goods imported into, and for the general regulation of the revenue of customs in the Colony of New Zealand and its dependencies.

An Ordinance to authorize the importation of wine duty free for military and naval officers serving in the Colony of New Zealand.

An Ordinance to amend the Customs Ordinance, Session I. No. 3, and the Customs Amendment Ordinance Session 3, No. 6.

CUSTOMS (TARIFF.)

30 Vic., No. 43.-An Act to alter the duties of Customs. (a) [8th October 1866. WHEREAS it is expedient to alter the duties of customs payable on the importation of goods wares and merchandise into the Colony of New Zealand.

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:

I. The short title of this Act shall be "The Customs Tariff Aet 1866."

II. "The New Customs Duties Act 1864" and "The Military Supplies Customs Act 1862" are hereby repealed except as to anything done before the commencement of this Act and except as far as relates to any arrears of duty or to any drawback which shall have become due or payable and except as far as may be necessary for the purpose of supporting or confirming any proceeding heretofore taken or to be taken after the commencement of this Act and except as to

(a) CONTENTS :-Preamble. 1. Short title. 2. Repeal of certain Acts. 3. New tariff of duties. 4. Standard weights and measures to be used. 5. How measurements to be taken. 6. Customs Regulation Act 1858 to apply. 7. Goods imported for supply of Her Majesty's forces exempt from duty. 8. Remission of duties on wines for military and naval officers. 9. Certain goods may not be warehoused. 10. Goods for General and Provincial Governments to be duty free. 11. Goods undervalued may be detained and sold. 12. Additional duties may be added to prices agreed on in existing contracts.

the recovery of any penalty for any offence which shall have been committed or any forfeiture which shall have been incurred before the commencement of this Act.

III. From and after the twenty-eighth day of September one thousand eight hundred and sixty-six in lieu and instead of all other duties of customs there shall be raised levied collected and paid unto Her Majesty her heirs and successors upon all goods wares and merchandise imported into any part of the Colony of New Zealand or cleared from any warehouse for home consumption the several duties of customs inserted described and set forth in schedule A. of this Act and all the articles goods wares or merchandise described as free in schedule B. to this Act shall be exempt from the payment of any customs duties on the importation thereof into this Colony.

IV. All duties of customs under this Act shall be charged and paid according to the standard Imperial weights and measures and where such duties are charged according to any specified quantity weight or size the same shall be chargeable rateably on any greater or less quantity weight or size.

V. The measurements for duties under this Act shall be taken outside the packages but so as not to include battens bands or hoops. VI. The duties of customs imposed by this Act shall be raised levied collected and paid under the provision of "The Customs Regulation Act 1858" and subject also to all such provisions and regulations as may for the time being be in force for the collection management and receipt of the duties of import in the Colony of New Zealand.

VII. All goods wares and merchandise imported into the Colony of New Zealand for the supply of Her Majesty's land or sea forces shall be exempt from all duties and imports of every description what

soever.

VIII. A drawback of the whole of such duties shall be allowed for wines intended for the consumption of the officers of Her Majesty's troops serving in the Colony of New Zealand and of the officers of Her Majesty's navy serving on board any of Her Majesty's ships in the seas adjacent thereto or such wines may be landed on first importation or delivered out of bond free of duty subject in all cases to such regulations as are now in force or as the Governor by order in Council shall from time to time prescribe and the Governor may from time to time by any further order in Council rescind or alter any such regulations Provided always if any such wines shall be subsequently sold or otherwise disposed of in the said Colony except for the use or consumption of any of Her Majesty's military or naval officers serving as aforesaid the same shall be forfeited and liable to seizure accordingly.

IX. The duties on the following goods and on such goods as the Governor in Council may from time to time direct shall be paid on the first importation thereof viz.-carriages carts drays holloware hardware iron ironmongery lead matches powder percussion caps and timber.

X. The Governor may by warrant under his hand direct that any articles imported into the Colony for the service of the General Government or for any of the Provincial Governments of New Zealand and at the public charge shall be admitted to entry on importation without any duty being charged thereon.

XI. If upon the examination of any goods entered for duty which are chargeable with duty on the value thereof it shall appear to the

officers of customs that such goods are not valued according to the true value thereof or that they are properly chargeable with a higher rate or amount of duty than that to which they would be subject according to the value thereof as described in the entry it shall be lawful for such officers to detain the same in which case they shall forthwith give notice in writing to the person entering the same of the detention of such goods and of the value thereof as estimated by them either by delivering such notice personally or by transmitting the same by post to such person addressed to him at his place of abode as stated in his entry and the Commissioner of customs shall within sixty days after the detention of such goods determine either to deliver such goods on the entry of such person or to retain the same for the use of the Crown in which latter case he shall cause the value at which the goods were so entered together with an addition of ten per cent. and the duties already paid on such entry to be paid to the person entering the same in full satisfaction for such goods or may permit such person on his application for that purpose to amend such entry at such value and on such terms as he may direct and if the Commissioner shall retain such goods he shall and may dispose of them for the benefit of the Crown and if the proceeds arising therefrom in case of sale shall exceed the sums so paid and all charges incurred by the Crown one moiety of such surplus shall be paid to a separate fund at the disposal of the Commissioner of customs and shall be distributed by him at such periods and in such proportions to or amongst such meritorious officers of customs as the Commissioner of customs shall select as most deserving and the other moiety shall be accounted for paid and carried to account as duties of customs for the public uses of the Colony.

XII. In the event of any increase or decrease by law in the duties of customs chargeable upon any goods or commodities after the making of any contract or agreement for the sale or delivery of such goods duty paid it shall be lawful for the seller in case such increase shall accrue before the clearance and delivery from the warehouse of such goods at such increased duty and after payment thereof to add so much money to the contract price as will be equivalent to such increase of duty and he shall be entitled to be paid and to sue for and recover the same and it shall be lawful for the purchaser under any such contract or agreement in case such decrease shall take effect before the clearance and delivery from the warehouse at such decreased duty to deduct so much money from the contract price as will be equivalent to such decrease of duty and he shall not be liable to pay or be sued for or in respect of such deduction.