No. 5. Ord. No. 7, 1849. Storage of Locking and opening of Warehouse. Bond upon entry of goods to be wafehoused. Purchaser may Goods not duly ware housed, to be forfeited. Account of Goods to be taken on landing. XXV. That it shall be lawful for the importers of any such goods to warehouse the same in the warehouses so appointed, without payment of any duty on the first entry thereof, subject nevertheless to the rules, regulations, restrictions, and conditions hereinafter contained. XXVI. That all goods so warehoused, shall be stowed in such parts or divisions of the warehouse and in such manner as the Receiver-General or other proper officer shall direct; and that the warehouse shall be locked and secured in such manner, and shall be opened and visited at such times, and in the presence of such officers, and under such rules and regulations as the ReceiverGeneral or other proper officer shall direct; and that all such goods shall, after being landed, upon importation, be carried to the warehouse, or shall, after being taken out of the warehouse for exportation, or for stores, be carried to be shipped under such rules and regulations as the Receiver-General shall direct. XXVII. That upon the entry of any goods to be warehoused, the importers of such goods, instead of paying down the duties due thereon, shall give bond, with two sufficient sureties to be approved of by the Receiver-General or other proper officer, in treble the duties payable on such goods, with condition for the safe depositing of such goods in the warehouse mentioned in such entry, and for the payment of all duties due upon such goods, or for the exportation thereof, or shipment thereof as stores, according to the first account taken of such goods upon the landing of the same: and with further condition, that no part thereof shall be taken out of such warehouse, until cleared from thence upon due entry and payment of duty, or upon due entry for exportation, or for shipment as stores for a foreign voyage; and with further condition, that the whole of such goods shall be so cleared from such warehouse, and the duties upon any deficiency of the quantity, according to such first account, shall be paid within two years from the date of the first entry thereof. And if after such bond shall have been given, the goods, or any part thereof, shall be sold or disposed of, so that the original bonder shall be no longer interested in or have any control over the same, it shall be lawful for the ReceiverGeneral or other proper officer to admit fresh security to be given by the bond of the new proprietor or other person having control over such goods, with his sufficient sureties, and to cancel the bond given by the original bonder of such goods, or to exonerate him to the extent of the fresh security so given. XXVIII. That if any goods which have been entered to be warehoused shall not be duly carried into and deposited in the warehouse, or shall afterwards be taken out of the warehouse without due entry and clearance, or having been entered and cleared for exportation, or for shipment as stores, from the warehouse, shall not be duly carried and shipped, or shall afterwards be re-landed, except with the permission of the Receiver-General or other proper officer, such goods shall be forfeited. XXIX. That upon the entry and landing of any goods to be warehoused, the proper officer of the Colonial Revenue shall take a particular account of the same, and shall mark the contents on each package, and shall enter the same in a book to be kept for that purpose; and no goods which have been so warehoused shall be taken or delivered from the warehouse, except upon due entry and No. 5. Ord. No. 7, 1849. be taken out under the care of the proper officer for exportation, or for stores, or upon due entry and payment of duty for home use; and an account shall be made out of the quantity upon which the duties have been paid, and of the quantity exported, and of the quantity No Goods to (to be then ascertained) of the goods still remaining in the ware house, as the case may be, deducting from the whole the quantity without entry. contained in any whole packages (if any) which may have been abandoned for the duties; and if upon such account there shall in either case appear to be any deficiency of the original quantity, the duty payable upon the amount of such deficiency shall then be paid. XXX. That it shall be lawful for the Receiver-General, or other proper officer under such regulations as he shall see fit, to permit moderate samples to be taken of any goods so warehoused without entry and without payment of duty, except as the same shall eventually become payable, as on a deficiency of the original quantity. XXXI. That the duties payable on spirits by virtue of this Ordinance shall be charged on the actual contents of the vessel or package ascertained at the time the same may be entered for consumption from such warehouse; and in the case of spirits taken from the warehouse for exportation, the importer or party from whom bond shall have been taken for the duties thereon at the time of importation, shall not be held liable for the duties on any deficiency apparent in the contents of the vessel or package in which the same may be,--provided that there shall be no reasonable ground for suspecting that such deficiency has arisen from other causes than leakage or evaporation, and provided further, that if upon the first importation of any spirits, the importer or importers shall pay the duties chargeable thereon, or shall enter into bond for the payment of the same, then there shall be allowed a deduction from the gauge of any such spirits of ten per cent.; and subject to the foregoing provision; an abatement of duties shall be also allowed on unrefined sugar, unmanufactured tobacco, wines, and other wet goods taken out of a bonded warehouse in due proportion to any deficiency or difference of weight which may have occurred from drainage, leakage, or other natural cause while in such warehouse. Deficiency to be ascertained and duty paid thereon. Samples may be taken. Duties on Spirits payable on actual con tents of Vessels. XXXII. That it shall be lawful for the Receiver-General or Goods may other proper officer, under such regulations as he shall see fit, to be sorted and permit the proprietor or other person having control over the repacked. goods so warehoused, to sort, separate, and pack, and repack any such goods; and to make such lawful alterations therein, or arrangements and assortments thereof, as may be necessary for the preservation of such goods, or in order to the sale, shipment, or legal disposal of the same; and also to permit any parts of such goods so separated to be destroyed, but without prejudice to the claim for duty upon the whole original quantity of such goods: Provided always that it shall be lawful for any person to abandon any whole packages to the officers of the revenue for the duties, without being liable to any duty upon the same. XXXIII. That all goods which have been so warehoused shall be duly cleared, either for exportation or for home consumption, within two years from the day of first entry for the warehousing thereof; and if any such goods be not so cleared, it shall be lawful for the Receiver-General or other proper officer to cause the same Whole packages may be abandoned. Goods to be cleared within two years. No. 5. Ord. No. 7, 1849. Officers may board ships. Penalty. Authority to search and examine Vessels. Provision for to be sold, and the produce shall be applied, first, to the payment of the duties, next, of warehouse rent and other charges, and the overplus (if any) shall be paid to the proprietor. XXXIV. That it shall be lawful for the officers of the Colonial Revenue of these islands, and for all other officers who shall be duly appointed or engaged in the collection and securing of the revenue of these islands, to board any ship arriving at these islands, and freely to stay on board until all the goods laden therein shall have been duly delivered from the same; and such officers shall have free access to every part of the ship, with power to fasten down hatches and to mark any goods before landing, and to lock up, seal, mark, or otherwise secure any goods on board such ship; and if any place or any box or chest be locked and the keys be withheld, such officers, with the sanction of the Receiver-General or other principal officer of the revenue of the port, 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 on board any such ship, they shall be forfeited; and if any such officer shall place any lock, mark, or seal upon any such goods on board, and such lock, mark, or seal be wilfully opened, altered, or broken before due delivery of such goods, or if any such goods be secretly conveyed away, or if the hatches, after having been fastened down by the officer, be opened, the master of such ship shall forfeit One hundred pounds. XXXV. That it shall be lawful in any case for any officer of the revenue department to go on board of any vessel coasting or droghing, or otherwise employed at any period of her voyage, and strictly to search and examine all goods, and demand all documents which ought to be on board of such vessel. XXXVI. That the master of every ship or vessel on board of accommodation which any officer is stationed, shall provide for every such officer good and sufficient room under the deck for his bed or hammock and personal accommodation, and in case of refusal, shall forfeit the sum of Ten pounds. for Revenue Officers. Writ of assist ance. Forfeiture of XXXVII. That under the authority of a writ of assistance granted by the Superior Court or by the presiding Judge (which Court and Judge are hereby authorized and required to grant such writ of assistance upon application made to such Court or Judge for that purpose by the Receiver-General or other proper officer), it shall be lawful for the Receiver-General or any officer of the Colonial Revenue upon sufficient information on oath being first made, and taking with him a peace-officer, to enter any building or other place in the daytime, and to search for and seize and secure any goods liable to forfeiture under this or any other Ordinance relating to the revenue of these islands, 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 the reign in which the same shall have been granted, and for twelve months from the conclusion of such reign. XXXVIII. That all vessels, boats, carriages, and cattle made use of in the removal of any goods liable to forfeiture under this or any other Ordinance relating to the revenue of these islands shall be forfeited; and every person who shall assist, or be otherwise concerned in the unshipping, landing, or removal, or in harbouring of such goods, or into whose hands or possession the same shall knowingly come, shall forfeit the treble value thereof, or the penalty of One hundred pounds at the election of the officers of the revenue; and the averment in any information or libel to be exhibited for the recovery of such penalty, that the officer proceeding has elected to sue for the sum mentioned in the information shall be deemed sufficient proof of such election, without any other or further evidence of such fact. XXXIX. That all goods and all ships, vessels, and boats, and all carriages, and all cattle liable to forfeiture under this or any Ordinance relating to the revenue of these islands, shall and may be seized and secured by any officer of the revenue, or by any person employed for that purpose, by or with the concurrence of the Receiver-General or other principal officer of the port; and every person who shall in any way hinder, oppose, molest, or obstruct any officer of the revenue, or any person so employed as aforesaid in the exercise of his office, or any person acting in his aid or assistance, shall for every such offence forfeit the sum of Two hundred pounds. No. 5. Ord. No. 7, 1849. Penalty on Persons assist ing therein. Goods, Vessels, &c., liable to forfeiture may be seized. XL. That all things which shall be seized as being liable to Disposal of forfeiture under this or any Ordinance relating to the revenue, goods seized. shall be taken forthwith and delivered into the custody of the chief officer of the revenue at the port 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 President, and after condemnation thereof, such revenue officer as aforesaid shall cause the same to be sold at public auction to the highest bidder in accordance with such order as shall be made by the Court, before whom such articles shall be condemned. make rules for guidance of Revenue Officers. Notice of suit against Officers. XLI. That it shall be lawful for the President of these islands President to to make and issue such needful orders, regulations, and instructions to the Receiver-General or acting receiver and other revenue officers in relation to the collection of the revenue, and for granting facilities for the lawful prosecution of their business by merchants, shipmasters, and traders as shall be deemed expedient. XLII. That no writ shall be sued out against, nor a copy of any process served upon any officer of the revenue of these islands, or other person acting in his aid, for anything done in the exercise of his office until one calendar month after notice in writing shall have been delivered to him, or left at his usual place of abode by the attorney or agent of the party who intends to sue out such writ or process, in which notice shall be clearly and explicitly contained, the cause of the action, the name and place of abode of the person who is to bring such action, the name of the attorney or agent; and no evidence of the cause of such action shall be produced, except such as shall be contained in such notice, and no verdict shall be given for the plaintiff unless he shall prove on the trial that such notice was given, and in default of such proof, the defendant shall recover in such action a verdict and costs. XLIII. That it shall be lawful for such officers, within one calendar month after such notice, to tender amends to the party complaining or his agent, and to plead such tender in bar to any action, together with other pleas; and if the jury shall find the amends sufficient, they shall give a verdict for the defendant, and in such case, or in case the plaintiff shall become nonsuited, or shall Officer may tender amends. No. 5. Ord. No. 7, 1849. Action to be three months. discontinue his action, or judgment shall be given for the defendant upon demurrer, then such defendant shall be entitled to the 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. XLIV. That every such action shall be brought within three brought within calendar months after the cause thereof, and the defendant may 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. Judge may certify probable cause of seizure, If the Judge certify, the damages to be nominal. Penalties on collusive seizure, bribery, &c. Obstructing Officers by force. XLV. That in case any information or suit shall be brought to trial on account of any seizure made under this or any Ordinance 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. XLVI. That in any such action, if the Judge or Court before whom such action shall be tried shall certify upon the record that the defendant or defendants in such action acted upon probable cause, then the plaintiff in such action shall not be entitled to more than Twopence damages, nor to any costs of suit. XLVII. That if any officers of the revenue shall make any collusive seizure, or deliver up, or make any arrangement to deliver up, or not to seize any vessel, boat, or goods liable to forfeiture 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 be evaded, shall forfeit the sum of Two hundred pounds. XLVIII. That if any person shall by force or violence resist, oppose, molest, hinder, or obstruct the Receiver-General or any 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 |
