GENERAL such Officer sufficient Room under the Deck, in some Part of the REGULATIONS. 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.

Power to charge Rent-in Queen's Warehouse.

Power to sell Goods not cleared from Queen's Warehouse.

Power for Her

Majesty to appoint Ports and legal Quays.

Averment of
Offence.

CLI. And be it enacted, That whenever any Goods shall be taken to and secured in any of the Queen'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 Her 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: Provided always, that it shall be lawful for the Commissioners of Her Majesty's Treasury, or the Commissioners of Her Majesty's Customs, by Warrant or Order under their Hands respectively, from Time to Time to fix the Amount of Rent which shall be payable for any Goods secured in any of the Queen's Warehouses as aforesaid.

CLII. And be it enacted, That in case such Goods shall not be duly cleared from the Queen's Warehouse within Three Calendar Months (or sooner if they be of a perishable Nature), it shall be lawful for the Commissioners of Her 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 landed by the Officers of the Customs, and the Freight of the same shall not have been paid, the Produce of such Sale shall be first applied to the Payment of such Freight.

CLIII. And be it enacted, That it shall be lawful for Her Majesty, by Her 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, and to declare that any Place which had been set out as a legal Quay by such Authority shall be no longer a legal Quay, and to appoint any new Place within any Port to be a legal Quay 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.

CLIV. And be it enacted, That in any Information or other Proceeding for any Offence against any Act made or to be made

relating

GENERAL

relating to the Customs the Averment that such Offence was committed within the Limits of any Port shall be sufficient, REGULATIONS. without Proof of such Limits, unless the contrary be proved.

Sufferance

CLV. And be it enacted, That it shall be lawful for the Com- Commissioners missioners of Her Majesty's Customs from Time to Time, by any may appoint Order under their Hands to appoint Places to be Sufferance Wharfs. 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.

port Goods.

cates.

CLVI. And be it enacted, That no Ship or Boat appointed and Ships engaged employed ordinarily for the Carriage of Letters shall import or in carrying export any Goods without Permission of the Commissioners of Letters not to import or exHer Majesty's Customs, under the Penalty of the Forfeiture of One hundred Pounds, to be paid by the Master of such Ship or Boat. CLVII. And be it enacted, That no Ship shall be cleared from Fitters Certifiany Port of the United Kingdom, either for a Coasting or a Foreign Voyage, laden with Coals or Coal, or Culm or Cinders, which had not been previously brought Coastwise into such Port, until the Fitter or Coal Owner, or his Agent, vending or shipping the same, shall have delivered to the Collector or Comptroller Two Certificates under his Hand, expressing the total Quantities of Coals, Culm, and Cinders respectively shipped or intended to be shipped by him in such Ship; and the Collector or Comptroller shall retain One of such Certificates, and shall deliver the other, signed by him, to the Master of the Ship; and every Fitter, Coal Owner, or Agent who shall refuse to give such Certificates, or shall give a false Certificate, shall forfeit and pay the Sum of One hundred Pounds; and the Master of such Ship shall keep such Certificate, and produce the same to any Officer of Customs demanding such Production, and shall before Bulk be broken deliver such Certificate to the Collector or Comptroller of any Port in the United Kingdom to which such Coals, Culm, or Cinders shall be carried in such Ship.

LICENSED
AGENTS.

CLVIII. And be it enacted, That it shall not be lawful for any Person to act as an Agent for transacting Business in the Port of London which shall relate to the Entry or Clearance of Persons enterany Ship, or of any Goods, or of any Baggage, unless authorized ing or clearing so to do by Licence of the Commissioners of Her Majesty's Ships, &c. as Customs, who are hereby empowered to require Bond to be Agents, to be given by every Person to whom such Licence shall be granted, licensed, and with One sufficient Surety, in the Sum of One thousand Pounds, give Bond. for the faithful and incorrupt Conduct of such Person and of his Clerks acting for him: Provided always, that such Bond shall not Exception. be required of any Person who shall be One of the Sworn Brokers of the City of London: Provided also, that all Licences heretofore granted by the Commissioners of Her Majesty's Customs to any Persons to act as Agents shall be valid and effectual, and all Bonds taken for the faithful and incorrupt Conduct of such Persons shall be and are hereby declared to be and remain in full Force and Effect; 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.

Treasury may revoke Licence.

Not to extend to Clerks or Servants of Individuals.

Agent may appoint Clerks to

act for him only.

Treasury may extend Regula

tions to other Ports.

Alteration of

Act.

3&4 W.4. c.53.

Commencement of Act.

CLIX. And be it enacted, That it shall be lawful for the Commissioners of Her Majesty's Treasury, by any Order under their Hands, to revoke any such Licence, or any Licence heretofore granted by the Commissioners of Customs to any Person to act as an Agent for transacting such Business at the Custom House in the Port of London, 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.

CLX. Provided always, and be it enacted, That nothing herein contained shall extend to prevent the Clerk or Servant of any Person or of any Persons in Copartnership from transacting any such Business, 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 Agent to any other Person.

CLXI. And be it enacted, That it shall be lawful for any such Agent or Agents in Copartnership to appoint any Person without Licence, to be his or their Clerk in transacting such Agency: Provided always, that no Person shall be admitted to be such Clerk to more than One Agent or Copartnership of Agents, nor until his Name and Residence and the Date of his Appointment shall have been endorsed on the Licence of every such Agent, and signed by him, and witnessed by the Signature of the Collector and Comptroller of the Customs, unless such Person shall have been appointed with Consent of the Commissioners of Her Majesty's Customs before the Commencement of this Act.

CLXII. And be it enacted, That it shall be lawful for the said Commissioners of Her Majesty's Treasury, by their Warrant, to be published in the London or Dublin Gazette, to extend the Regulations herein-before made relating to Agents in the Port of London to Agents at any other Port in Great Britain, or at any Port in Ireland.

CLXIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of

Parliament.

6

CA P. LXXXVII.

An Act for the Prevention of Smuggling.

[4th August 1845.] HEREAS an Act was passed in a Session of Parliament holden in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the Prevention of Smuggling, whereby the Laws of Customs in relation to the Prevention of Smuggling were consolidated : And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of advantage to the Trade and Commerce of the Country that the said Act and Parts of Acts should be consolidated into One Act:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act the same shall come into and be and continue in full Force

and

and Operation for all the Purposes mentioned therein, and that all the Provisions thereof shall extend to any Law in force or hereafter to be made relating to the Customs.

Vessels and
Boats.

Certain Vessels

Her Majesty's belonging to

whereof Half the Persons on board are Sub

II. And be it enacted, That if any Vessel not being squarerigged, or any Boat, either belonging in the whole or in part to Her Majesty's Subjects, or having Half the Persons on board Subjects of Her Majesty, shall be found or discovered to have been within One hundred Leagues of the Coast of the United Kingdom; or if any Vessel either belonging in the whole or in Subjects, or part to Her Majesty's Subjects, or having Half the Persons on board Subjects of Her Majesty, or if any Foreign Vessel not being square-rigged, or any Foreign Boat, in which there shall be One or more Subjects of Her Majesty, shall be found or discovered jets of Her Majesty, and to have been within Four Leagues of that Part of the United Foreign Vessels, Kingdom which is between the North Foreland on the Coast of found within Kent and Beachy Head on the Coast of Sussex, or within Eight certain DisLeagues of any other Part of the Coast of the United Kingdom; tances of the Coast of the or if any Foreign Vessel or Boat shall be found or discovered to United Kinghave been within One League of the Coast of the United King- dom, or of the dom; or if any Vessel or Boat shall be found or discovered to Islands of have been within One League of the Islands of Guernsey, Jersey, Guernsey, JerAlderney, Sark, or Man respectively, or within any Bay, Har- sey, Alderney, bour, River, or Creek of or belonging to any one of the said Sark, or Man, Islands; any such Vessel or Boat so found or discovered, having Goods on board, on board or in any Manner attached thereto, or having had on forfeited, togeboard or in any Manner attached thereto, or conveying or having ther with the conveyed in any Manner, any Spirits not being in a Cask or other Goods. Vessel capable of containing Liquids of the Size or Content of Twenty Gallons at the least, or any Tea exceeding Six Pounds Weight in the whole, or any Tobacco or Snuff not being in a Cask or Package containing Three hundred Pounds Weight of Tobacco or Snuff at least, or being separated or divided in any Manner within any Cask or Package, or any Tobacco Stalks, or any Cordage or other Articles adapted and prepared for slinging or sinking small Casks, or any Casks or other Vessels whatsoever of less Size or Content than Twenty Gallons, of the Description used for the smuggling of Spirits, then and in every such Case the said Spirits, Tea, Tobacco, or Snuff, and Tobacco Stalks, together with the Casks or Packages containing the same, and the Cordage or other Articles, Casks, and other Vessels of the Description aforesaid, and also the Vessel or Boat, shall be forfeited.

with certain

Any Vessel or

III. And bei t enacted, That if any Vessel or Boat whatever shall arrive or shall be found or discovered to have been within Boat arriving any Port, Harbour, River, or Creek of the United Kingdom, or within any Port of the United of the Isle of Man, not being driven thereto by Stress of Weather Kingdom, or of or other unavoidable Accident, having on board or in any Manner the Isle of Man, attached thereto, or having had on board or in any Manner at having prohitached thereto, or conveying or having conveyed in any Manner bited Goods on within any such Port, Harbour, River, or Creek, any Spirits not board or attachbeing in a Cask or other Vessel capable of containing Liquids of ed thereto, forthe Size or Content of Twenty Gallons at the least, or any Tobacco or Snuff not being in a Cask or Package containing Three hundred Pounds Weight of such Tobacco or Snuff at least, or being separated or divided in any Manner within any Cask or Package, or any

U u 3

Tobacco

feited.

Proviso.

Certain Cases in which Ves

sels shall not be

forfeited for having on board Tobacco, Snuff, Spirits, Tea, or Cigars.

overboard any

Tobacco Stalks, every such Vessel or Boat, and such Spirits, Tobacco, Snuff, or Tobacco Stalks, shall be forfeited: Provided always, that if it shall be made appear to the Satisfaction of the Commissioners of Her Majesty's Customs that the said Spirits, Tobacco, Snuff, or Tobacco Stalks were on board without the Knowledge or Privity of the Owner or Master of such Vessel or Boat, and without any wilful Neglect or Want of reasonable Care on their or either of their Behalves, then and in such Case the said Commissioners shall and they are hereby authorized and required to deliver up the said Vessel or Boat to the Owner or Master of the same.

IV. And be it enacted, That nothing herein contained shall extend to render any Vessel of the Burden of One hundred and twenty Tons or upwards liable to Forfeiture on account of any Tobacco or Snuff coming direct from the East Indies, and being in Packages each containing One hundred Pounds Weight of Tobacco or Snuff at least, or on account of any Cigars being in Packages each containing One hundred Pounds Weight of Cigars at least, or on account of any Tobacco the Produce of Mexico, Columbia, the Continent of South America, or of the Islands of Saint Domingo or Cuba, coming direct from those Places respectively, or from the Warehouse in any British Possession in America, in Packages each containing Eighty Pounds Weight of Tobacco at least, or on account of any Negrohead Tobacco the Produce of and coming direct from the United States of America, in Packages each containing of such Tobacco One hundred and fifty Pounds Weight at least, or on account of any Tobacco of the Dominions of the Turkish Empire which may be separated or divided in any Manner within the outward Package, such outward Package being a Hogshead, Cask, Chest, or Case containing of such Tobacco Three hundred Pounds Weight at least, nor to render any Vessel of Sixty Tons Burden or upwards liable to Forfeiture on account of any Tea, or of any Spirits in Glass Bottles or in Stone Bottles, not exceeding the Size of Quart Bottles, such Tobacco, Snuff. Cigars, Tea, and Spirits being really Part of the Cargo of such Vessel, and included in the Manifest or other Papers of such Vessel enumerating or describing the Cargo thereof, nor to render any Vessel liable to Forfeiture on account of any Spirits, Tea, or Tobacco really intended for the Consumption of the Seamen and Passengers on board during their Voyage, and not being more in Quantity than is necessary for that Purpose, nor to render any Vessel liable to Forfeiture if really bound from one Foreign Port to another Foreign Port, and pursuing such Voyage, Wind and Weather permitting.

Vessel

Vessels belong- V. And be it enacted, That when any Vessel or Boat belonging ing to Her Ma- in the whole or in part to Her Majesty's Subjects, or having jesty's Subjects, One Half of the Persons on board Subjects of Her Majesty, shall &c. throwing be found within One hundred Leagues of the Coast of the United Goods during Kingdom, and shall not bring to upon Signal made by any Chase, forfeited, or Boat in Her Majesty's Service, or in the Service of the Revenue, hoisting the proper Pendant and Ensign in order to bring such Vessel or Boat to, and thereupon Chase shall be given, if any Person or Persons on board such Vessel or Boat so chased shall, during the Chase, or before such Vessel or Boat shall bring to

and Persons

escaping deem

ed Subjects.

6

throw