« EelmineJätka »
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 to lie on the 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
Owner. admitted unless such claim be entertained in the name of the owner, with his residence and occupation, nor unless oath to the property in such thing be made by the owner, or by his attorney or agent, by whom such claim shall be entered, to the best of his knowledge and belief; and every person making a false oath thereto shall be deemed guilty of a misdemeanour, and shall be liable to the pains and penalties to which persons are liable for a misdemeanour.
LII. That no person shall be admitted to enter a claim to No claim anything seized in pursuance of this or any Ordinance relating to admitted with the revenue of these islands, and prosecuted, until sufficient security out security. shall have been given in the Court where such seizure is prosecuted, in a penalty not exceeding Sixty pounds, to answer and pay the costs occasioned by such claim; and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned.
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 Ordinance, 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 ReceiverGeneral 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 o. 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 months.
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 Fines, &c., on
detained as forfeited, or under a suspicion of fraud, or the master conditions to be
of 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 terms 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
frame 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 boat, or goods, or the recovery of any penalties under this or any
and direct dis
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 so soon as 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 year Duration. 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.
No. 5. Ord. No. 7,
FORM OF BILL OF ENTRY (SCHEDULE A).
PORT OF GRAND CAY, TURKS ISLANDS, 6TH JULY, 1850. Imported in the British schooner “ John Russel," James, Master,
from St. Thomas, the following articles :
do declare 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.
(Signed) (The particulars of this Schedule to be entered according to the fact.)
RULES OF PROCEEDING FOR THE CONDEMNATION OF PRO
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. 7 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 an 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. When property is seized under any revenue law, for two or more distinct breaches of the same, such breaches must be stated in separate counts.
3. A copy of the information must be furnished to each claimant, with a notice in writing that an answer must be put in within ten days, otherwise judgment by default will be given.
4. The answer is to be filed with the Prothonotary, and must
No. 5. Ord. No. 7,
set forth the ground upon which it is contended that the property in question is not liable to forfeiture, and pray for its restoration.
5. If an answer is not put in in due time, the Judge, upon proof of such default, may at once give judgment that the property proceeded against is forfeited.
6. If the answer consists merely of a denial of the law, or of the fact as stated in the information, or of both, the case shall be at once at issue.
7. If the answer contain new matter, but not such as the prosecutor deems to be material, he may join issue without replying. Should he think fit to reply, he must do so within seven days. The reply must deny every allegation in the answer which is meant to be put in issue, and a copy of it be furnished to the claimant.
8. If the prosecutor desire to allege new matter in his reply, he must apply to the Judge for leave so to do, which may be granted upon such terms as the Judge shall think fit.
9. If the prosecutor does not join issue or reply in due time, or if
, at the expiration of a week after the cause is at issue no day is fixed for hearing the same, the claimant may move for a hearing, and thereupon a day shall be fixed for that purpose unless good cause be shown to the contrary.
10. When the case is ready for hearing, on motion of the prosecutor, a day will be fixed by the Judge for that purpose, on which day the parties must appear at the Court House with their witnesses.
11. If default should be made by non-appearance of claimant, the Judge may hear the case ex-parte, or upon oath of the seizing officer, or other credible witness to the truth of the allegations contained in the information, he may at once decree forfeiture of the property.
12. If either party deviate from a strict adherence to these rules, the adverse party may, if he think fit, lay a statement in writing of such deviation before the Judge, who, having heard both parties, shall make such order therein as may be most conducive to the ends of justice.
No. 6. No. 6.-ORDINANCE No. 4 of 1850.
Ord. No. 4, An Ordinance to explain and amend certain parts of an Ordinance 1850.
entitled, “ No. 7, 1849—An Ordinance enacted, dc., to provide
July, 1850. Confirmed 5th Nov., 1851.)
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