c. 107. 1853. cealed for broken, master to forfeit £100. waiter, may open any such place, box, or chest in the best 16 & 17 Vic. manner in their power, and if they be tide-waiters, or only of British stat. that degree, they shall send for their superior officer, who may open or cause to be opened any such place, box, or chest in the best manner in his power; and if any goods be found concealed Goods conon board any such ship, they shall be forfeited; and if the feited. officers shall place any lock, mark, or seal upon any goods on board, and such lock, mark, or seal be wilfully opened, altered, If seal, &c., or broken before due delivery of such goods, or if any of such goods be secretly conveyed away, or if the hatchways or entrances to the hold, after having been fastened down by the officer, be opened, the master of such ship shall forfeit the sum of £100; and if the proper officer of the customs shall place officers may any lock, mark, or seal upon any stores on board any ship or upon stores vessel arriving in the United Kingdom, and such lock, mark, or seal be wilfully opened, altered, or broken, or if any such stores If such seals be secretly conveyed away, either while the ship remains in the or the stores port at which she shall have so arrived, or before she shall have conveyed arrived at any other port in the United Kingdom to which she away, as may then be about to proceed, the master of such ship shall £20. forfeit the sum of £20. put seals in wards. be broken, secretly ter to forfeit place of wards. 49. No goods, except diamonds, bullion, lobsters, and fresh Time and fish of British taking and imported in British ships, which may landing be landed without report or entry, shall be unshipped from any goods in ship arriving from parts beyond the seas, or be landed or be pnt on shore on Sundays or holidays, nor shall they be so unshipped, landed, or put on shore on any other days, except between the hours of eight o'clock in the morning and four o'clock in the afternoon from the first day of March until the first day of November, and between the hours of nine o'clock in the morning and four o'clock in the afternoon from the first day of November until the first day of March, or during such other hours as may be appointed by the commissioners of customs; nor shall any goods be unshipped or landed unless in the presence or with the authority of the proper officer of the customs, nor shall they be so landed except at some legal quay, wharf, or other place duly appointed for the landing of goods, nor shall any such goods after having been unshipped, or put into any boat or craft to be landed, be transhipped or removed into any other boat or craft previously to their being landed without the permission of the proper officer of the customs; Goods unand if any such goods shall be unshipped, landed, transhipped, contrary to or removed contrary hereto the same shall be forfeited, and regulations if any goods shall be unshipped or removed from any importing ship for the purpose of being landed after due entry thereof, such goods shall be forthwith removed to and landed at the Goods not wharf, quay, or other place at which the same are intended to removed be landed; and if such goods are not so removed and landed the forfe.ted. shipped forfeited. forthwith and landed, 16 & 17 Vic. same shall be forfeited, together with the barge, lighter, boat, or British stat. Other vessel employed in removing the same. c. 107. 1853. Commis sioned ships, British or foreign, having goods on son in charge to an account, or 52. The captain, master, purser, or other person having the charge of any ship (having commission from her majesty, or froin any foreign state) having on board any goods laden in parts beyond the seas shall on arival at any port in the united kingdom, and before any part of such goods be taken out of such board, per ship, or when called upon so to do, by any officer of the customs, deliver an account in writing under his hand to the best of his deliver knowledge of the quality and quantity of every package or forfeit £100. parcel of such 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 Such ships forfeit the sum of £100; and all such ships shall be liable to 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. liable to search. Master to of lading questions. 53. The master of every ship arriving from parts beyond the deliver bills seas shall at the time of making such report, deliver to the coland answer 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 master 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 not to or copy were shipped, or if after the arrival of any ship within four leagues of the coast of the United Kingdom bulk shall be 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 master shall forfeit the sum of £100. be broken or stowage altered. Penalty £100. cap. 107. 54. If the contents of any package intended for exportation in 16 & 17 Vic. the same ship shall be reported by the master as being unknown British stat. to him, the officers of the customs may open and examine such 1853. package on board, or bring the same to the queen's warehouse Packages for that purpose, and if there be found in such package any Contents goods which are prohibited to be imported such goods shall be unknown," forfeited, unless the commissioners of customs shall permit them opened and to be exported. reported may be examined. Prohibited goods forfeited. Goods con delivered entry for 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 cealed in found in such package or parcel concealed in any way or packed in packaged or any way to deceive the officers, such package or parcel and all the without contents thereof shall be forfeited; and if any goods be taken or feited. delivered out of any ship or out of any warehouse, not having been Passengers' duly entered, the same shall be forfeited: Provided always, That baggage. 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 uncustomed 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. to be ship until entry ance. 119. No goods shall be shipped, put off, or waterborne, to be Goods not shipped for exportation from any port or place in the United ped except Kingdom, except on days not being Sundays or holidays, nor days and from any place except some legal quay, wharf, or other place places, nor duly appointed for such purpose, nor without the presence or and clearauthority of the proper officer of customs, nor before due entry searcher outwards of such ship, and due entry of such goods, nor before may open such goods shall have been duly cleared for shipment; and it shall and exambe lawful for the searcher to open all packages, and fully to ine goods. examine all goods shipped or brought for shipment at any place in the United Kingdom. packages ped con 144. If any goods shall be shipped, put off, or waterborne, Goods shipto be shipped, without being duly cleared, or otherwise contrary trary to proto the provisions of this act, the same shall be liable to visions forforfeiture. feited. Officers may clearance. board, and 146. Any officers of customs may go on board any ship board any after clearance outwards within the limits of any port in the ship after United Kingdom, or within four leagues of the coast thereof, Goods on and may demand the ship's clearance, and if there be any goods without on board in respect of which certificates are required, not certificate contained in such certificates, or any stores not endorsed on the quired, victualling bill, such goods or stores shall be forfeited; and if If any certiany goods contained in such certificates be not on board, the ficated goods where re forfeited. miesing, penalty £20. 16 & 17 Vic master shall forfeit the sum of £20 for every package or parcel British stat. of goods contained in such certificates and not on board. c. 107. 1853. Officer may and exam ine any coasting ship. 158. 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 period of her voyage, search such ship, and examine all goods 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 same to the collector or controller when required, shall forfeit and pay the sum of £20. Officers may As to particular provisions relating to the Channel Islands and 181. The officer of customs may go on board any ship in any board ships. 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 be forfeited. Seized goods, if for a month, to be con demned, and dealt with ac cordingly. 182. All vessels, boats, goods, and other things which shall unclaimed have been or shall hereafter be seized as forfeited in or near any of the British possessions abroad, under this or any act relating to the customs, shall 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 act, unless the person from whom such vessels, boats, goods, and other things shall 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 authorized to seize under 5 Geo. IV. c. benefit of this act. 189. All persons authorized to make seizures under an act 5 Geo. IV. c. 113, entitled, An act to amend and consolidate the laws relating to the abolition of the slave trade, shall, in making 113, to have and prosecuting any such seizures, have the benefit of all the provisions granted to persons authorized to make seizures under Application this act; and all penalties and forfeitures created by the said of penalties. act, 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-SMUGGLING. (Post.) c. 107. 1853. distributed, and applied, in such and the like manner, and by 16 & 17 Vic. the same ways and means, and subject to the same rules and British stat. 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 to merchant seamen. BRIT. [August 20th, 1853.] 16 & 17 VIC. c. 131. British stat. 1853. Ships un suming character may be brought for 16 and 17 Vict. c. 131, sec. 33.] Whereas it is expedient to prevent the undue assumption of the British flag and national character, Be it enacted: That if any person or persons use the duly as British flag, and assume the British national character on board British any ship owned in whole or in part by any persons not being entitled by law to own British ships and navigate them under seized and British colours and papers, for the purpose of making such ship adjudica appear to be a British ship, it shall be lawful for any officer on 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. tion. lation is ship may be 34. If it is made to appear to such court by competent If the simuevidence that such ship has been navigated under the British proved, the flag and British papers, though owned in whole or in part by condemned. any person or persons not entitled to own British ships contrary to the true intent and meaning of this act, the said court may pronounce the said ship to be confiscated to her majesty, her heirs and successors. Island Act. 17 VIC. c. 2.] For the warehousing of goods imported into this 17 Vic. c. 2. island, and for the prevention of smuggling. (a) ISLD. [December 1st, 1853.] 1850. vessels, &c., 17 Vic. c. 2, sec. 20.] All goods, and all ships, vessels, and Goods, boats, and all carriages, and all cattle liable to forfeiture, under liable to this, or any act, relating to customs, or to trade or navigation, may be shall and may be seized and secured by any officer of the customs, (a) These provisions are taken from similar clauses in the British Possessions Act, 8 & 9 Vic. c. 93, now repealed by forfeiture, seized by officers. |