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1830.

Bounties

under this Act paid as other Bounties of the

until 5th April, And all the said Bounties respectively shall cease and determine on the Fifth Day of April One thousand eight hundred and thirty. II. And be it further enacted, That the Bounties by this Act granted, continued and made payable, shall be paid in such Manner and under such Directions and subject to such Rules, Regulations and Restrictions in all Respects as Bounties of the like Nature relating to the British or Irish Fisheries, and under such other Orders, Rules, Regulations and Directions as shall and may be made for the Payment of such Bounties by the Commissioners of the Irish Fisheries appointed under an Act of the Fifty ninth Year of His late Majesty, intituled An Act for the Encouragement and Improvement of the Irish Fisheries.

like Nature.

59 G.3. c.109.

6 G.4. cc. 104, 105, 106, 107.

Commencement of Act.

Management.

6 G.4. c.106. Signature of Two Commis

sioners sufficient without Seals.

Dunes of Offi

cers performed by Persons and at Places appointed by

Commissioners.

CA P. XLVIII.

An Act to alter and amend the several Laws relating to the
Customs.
[26th May 1826.]

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HEREAS several Acts were passed in the last Session of Parliament for consolidating the Laws of the Customs, and it has been found necessary to make certain Alterations ⚫ and Amendments therein;' Be it therefore enacted by the King'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 Fifth Day of July One thousand eight hundred and twenty six the same shall come into and be and continue in full Force and Operation for all the Purposes mentioned therein.

II. And Whereas an Act was passed in the last Session of • Parliament, intituled An Act for the Management of the Customs; and it is expedient to alter and amend the same in 'Manner hereinafter provided;' Be it therefore enacted, That every Order, Document, Instrument or Writing required by any Law, at any Time in force, to be under the Hands and Seals of the Commissioners of His Majesty's Customs, which shall be signed by Two or more Commissioners or Assistant Commissioners of the Customs, shall be deemed to be an Order, Document, Instrument or Writing under the Hands and Seals of the Commissioners of His Majesty's Customs, within the Meaning of such Law.

III. And be it further enacted, That every Act, Matter or Thing required by any Law, at any Time in force, to be done or performed by, to or with any particular Officer, nominated in such Law for such Purpose, being done or performed by, to or with Person appointed by the Commissioners of His Majesty's any Customs to act for or in behalf of such particular Officer, the same shall be deemed to be done or performed by, to or with such particular Officer; and that every Act, Matter or Thing required by any Law, at any Time in force, to be done or performed at any particular Place within any Port, being done or performed at any Place within such Port appointed by the Commissioners of His Majesty's Customs for such Purpose, the same shall be deemed to be done or performed at the particular Place so required by Law.

· IV. And

Regulation.

6 G.4. c.107.

IV. And Whereas another Act was passed in the last Session of Parliament, intituled An Act for the general Regulation of 'the Customs; and it is expedient to alter and amend the same ' in Manner hereinafter provided;' Be it therefore enacted, That List of Crews so much of the said Act as requires that the Master of every of Ships from British Ship arriving at any Port in the United Kingdom, on her West Indies, Return from any British Possession in America, shall deliver upon Oath to the Collector or Controller a certain List of the Crew of such Ship, shall apply only to Ships so arriving on their Return from the West Indies.

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V. And Whereas by the said Act for the general Regulation 6 G.4. £.107. ' of the Customs it is enacted, that no Goods shall be unladen 'from any Ship arriving from Parts beyond the Seas before due Entry of such Goods shall have been made; and that no Entry 'for the landing of any Goods shall be valid, unless made in 'Manner therein directed; and that any Goods taken or delivered out of any Ship, by virtue of any Entry not so made, shall be deemed to be Goods landed without due Entry thereof, and shall 'be forfeited: And Whereas Provision is nevertheless made for $ 23. the landing of Goods in certain Cases by Bill of Sight, for • Examination by the Importer, in Presence of the proper Officers, prior to his making a perfect Entry for the same;' Be it therefore enacted, That such Goods, although landed by Bill of Sight, Perfect Entry shall not be deemed to be landed, or to be delivered out of the after Bill of Ship within the Meaning of the said Act, except in virtue of Sight. such perfect Entry when the same shall have been made; and that if such perfect Entry be not made in Manner required by the said Act for the landing of Goods as hereinbefore mentioned, such Goods shall then be deemed to be Goods landed without due Entry thereof, and shall be forfeited.

VI. And be it further enacted, That so much of the said Act 6 G.4. c.107. made for the general Regulation of the Customs as prohibits the Importation of any Spirits on account of the Strength thereof, and also so much of the said Act as prohibits the Importation of Beef, Pork or Bacon, to be warehoused for Exportation only, shall be and the same is hereby repealed; and also so much of the said Act as restricts in any Way the Importation of Bonnets, Hats or Platting of Bast or Straw, Chip, Cane or Horse Hair, and also of Cambrics or Lawns, and also of Coffee, and also of Or Molu, and also of China Ware or Porcelain, not being the Produce of Places within the Limits of the East India Company's Charter, and also any Tobacco made up in Rolls, being the Produce of and imported from the State of Columbia, and in Packages containing at least Three hundred and twenty Pounds Weight of such in part repealRoils of Tobacco, shall be and the same is hereby repealed.

ed.

VII. And Whereas it is expedient to subject the Importation of Gloves to certain Restrictions;' Be it therefore enacted, That Gloves only to it shall not be lawful to import any Leather Gloves into any Port be imported other than the Port of London, until after the Fifth Day of July into Port of One thousand eight hundred and twenty seven, nor unless in London till 5th July 1827. Packages each of which shall contain One hundred Dozen Pairs 6 G.4. c. 107. of such Gloves at least, nor unless in Ships of the Burthen of Seventy Tons or upwards; and that such Restrictions shall be complied

Regulation.

Stamps on
Bonds for

complied with and enforced in like Manner as if the same were set forth in a Table denominated "A Table of Prohibitions and Restrictions Inwards," contained in the said Act for the Regulation of the Customs.

VIII. And be it further enacted, That all Bonds given to prevent the relanding of Plate, in respect of which any Drawback Plate exported. shall be allowed upon the Exportation thereof, shall be liable only to the same Duties of Stamps as any Bonds given for or in respect of the Duties of Customs, or for preventing Frauds or Evasions thereof, are or shall be liable to under any Act for the Time being in force for granting Duties of Stamps.

Treasury or Customs may fix Rate of Rent in the

King's Warehouse.

Coast Duty ad valorem.

Drawback on

Exportation of
Coffee imported

into Isle of
Man.

Smuggling.

6 G.4. c.108.

Licences, for what Vessels required.

IX. And be it further enacted, That it shall and may be lawful for the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or the Commissioners of His Majesty's Customs, by Warrant or Order under their Hands respectively, to fix the Amount of Warehouse Rent to be paid for any Goods taken to and secured in any of the King's Warehouses in the United Kingdom, or in the Isle of Man, for the Security of the Duties thereon, or to prevent the same from coming into Home Use.

X. And be it further enacted, That if any Goods brought Coastwise be subject to Duty according to the Value thereof, such Value shall be ascertained in the same Manner and under the same Regulations and Conditions as is and are directed in the said Act in respect of Goods imported from Foreign Parts.

XI. And be it further enacted, That it shall be lawful to ex

port from the United Kingdom to the Isle of Man and to import into the Isle of Man direct from the United Kingdom, without the Licence of the Commissioners of the Customs, any Quantity of Coffee of the British Plantations upon which the Duty payable in the United Kingdom shall have been paid; and that a Drawback of Four Pence for every Pound of such Coffee shall be allowed upon the Exportation thereof.

XII. And Whereas another Act was passed in the last Session of Parliament, intituled An Act for the Prevention of Smuggling; and it is expedient to alter and amend the same in Manner ' hereinafter provided;' Be it therefore enacted, That no Licence (except a Licence for arming) shall be required under the said Act for any Ship or Vessel which is of the Burthen of Two hundred Tons or upwards, nor for any Square rigged Ship or Vessel, or any Ship, Vessel or Boat propelled by Steam, which is not of greater Length than in the Proportion of Three Feet Six Licence Bond. Inches to One Foot of Breadth; and that no greater or other Security shall be required on account of any Licence to be issued under the said Act, than in the Sum of One thousand Pounds, or in the single Value of the Vessel or Boat for which such Licence is to be issued, if such Value be less than One thousand Pounds, and by the sole Bond of such Owner or Owners of such Vessel or Boat Provided always, that if any such Bond shall be taken of the Owner of any Boat who shall not have attained the age of Twenty one Years, such Bond shall nevertheless be valid and effectual to all Intents and Purposes; any Thing in any Act, or in any Law, Custom or Usage to the contrary notwithstanding....

Bonds of
Minors being
Owners of
Boats valid.

XIII. And

Smuggling.

Licence Bond

not to be cancelled for 12

XIII. And be it further enacted, That no Bond given on account of the Licence of any Vessel or Boat, under the said Act for the Prevention of Smuggling, shall be cancelled until the Space of Twelve Months after the Licence for which such Bond had been entered into shall have been delivered up to the proper Officer Months. of the Customs; and such Bond shall remain in full force and effect for the Time of Twelve Months after the delivering of the Licence as aforesaid, unless fresh Security shall be given for such Vessel or Boat.

XIV. And be it further enacted, That in case any Vessel shall, Goods forfeited on account of any Goods, become liable to Forfeiture under the with Vessel. said Act for the Prevention of Smuggling, the Goods creating such Forfeiture shall also be forfeited.

XV. And Whereas by the said Act for the Prevention of 6 G.4. c.108. Smuggling it is enacted, that if any Foreign Vessel shall, in § 5. certain Cases therein described, be found within One League of the Coast of the United Kingdom, such Vessel shall be forfeited;' Be it therefore enacted, That the like Forfeiture shall, in similar Cases, attach equally to any Foreign Boat, as fully and effectually as if in the said Act such Forfeiture had been made to attach to any Foreign Vessel or Boat.

In what case
Foreign Boat

forfeited as Fo
reign Vessel
would be.

Vessels or

Boats arriving in Port with Spirits or Tobacco in small Packages (Exception) for

XVI. And be it further enacted, That if any Vessel or Boat whatever shall arrive or shall be found or discovered to have been within any Port, Harbour, River or Creek of the United Kingdom, not being driven therein by Stress of Weather or other unavoidable Accident, having on board, or in any Manner attached or affixed thereto, or having had on board, or in any Manner attached or affixed thereto, or conveying, or having conveyed in feited. any Manner, within any such Port, Harbour, River or Creek, any Brandy or other Spirits, except Rum, in any Cask or Package of less Size or Content than Forty Gallons, except only for the Use of the Seamen then belonging to and on board such Vessel or Boat not exceeding Two Gallons for each Seaman, or any Tobacco or Snuff in any Cask or Package in which such Tobacco or Snuff could not be legally imported into the United Kingdom in such Vessel, (except loose Tobacco for the Use of the Seamen, not exceeding Five Pounds Weight for each Seaman,) every such Vessel or Boat, together with such Spirits or Tobacco, shall be forfeited; and every Person found or discovered to have been on board such Vessel or Boat, at the Time of her becoming so liable to Forfeiture, and knowing such Spirits or Tobacco to be or to have been on board, or attached to such Vessel or Boat, shall forfeit the Sum of One hundred Pounds, and shall be liable to Penalty. Detention and Prosecution, and to be dealt with in the Manner directed by the said Act for the Prevention of Smuggling, in Cases of Persons found or discovered to have been on board Vessels liable to Forfeiture under that Act: Provided always, that if it shall be made appear by Proof on Oath, to the Satisfaction of the Commissioners of His Majesty's Customs, that the said Spirits or Tobacco 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 Behalfs, that then and in such Case the Vessel or Boat shall not be liable to Forfeiture, although the Persons concerned in placing 7 GEO. IV. the

L

Persons found on board knowing thereof.

Proviso where such Goods on

board without Knowledge of Owner of

Vessel.

Smuggling.

In what case
Writ of Cer-

tiorari, &c. not

the said Spirits or Tobacco on board, or knowing thereof, shall be liable to Detention and Prosecution as aforesaid.

XVII. And be it further enacted, That no Writ of Certiorari shall issue from His Majesty's Court of King's Bench to remove any Proceedings before any Justice or Justices of the Peace to be granted. under any Act for the Prevention of Smuggling, or relating to the Revenue of the Customs; nor shall any Writ of Habeas Corpus issue to bring up the Body of any Person who shall have been convicted before any Justice or Justices of the Peace under any such Act, unless the Party against whom such Proceedings shall have been directed, or who shall have been so convicted, or his Attorney or Agent, shall state, in an Affidavit in Writing, to be duly sworn, the Grounds of Objection to such Proceedings or Conviction; and that upon the Return to such Writ of Certiorari or Habeas Corpus no Objection shall be taken or considered other than such as shall have been stated in such Affidavit; and that it shall be lawful for any Justice or Justices of the Peace, and they are hereby required to amend any Information, Conviction or Warrant of Commitment for any Offence under any such Act.

Information, &c. may be amended.

Gaolers not to

sons confined

for Sum herein mentioned.

XVIII. And be it further enacted, That it shall not be lawful discharge Per- for the Gaoler or Keeper of any Prison, in virtue of any Authority to him given by the said Act for the Prevention of Smuggling, to discharge any Person who shall have been committed to such Prison for Nonpayment of any Penalty or Penalties, if such Penalty or Penalties shall amount to or exceed the Sum of One hundred Pounds; any Thing in the said Act to the contrary notwithstanding.

Signals to
Smuggling
Vessels.

Proof on Trial of Treasury Order.

Navigation.

Goods of Asia

or Africa within Straits of Gibraltar.

XIX. And be it further enacted, That every Intimation to any Smuggling Vessel or Boat, in whatever Manner given, shall be deemed to be a Signal within the Meaning of the said Act for the Prevention of Smuggling, and shall subject the Person giving such Intimation to be detained and proceeded against as directed by

the said Act.

XX. And be it further enacted, That upon the Trial of any Issue, or upon any judicial Hearing or Investigation touching any Penalty or Forfeiture under any Law or Laws relating to the Revenue of the Customs or Excise, or to the Law of Navigation, where it may be necessary to give Proof of any Order issued by the Commissioners of His Majesty's Treasury, or by the Commissioners of His Majesty's Customs or Excise respectively, the Letter or Instructions which shall have been officially received by the Officer of Customs or Excise, at the Place or District where such Penalty or Forfeiture shall have been incurred, or shall be alleged to have been incurred, for his Government, and in which such Order is mentioned or referred to, and under which said Instructions he shall have acted as such Officer, shall be admitted and taken as sufficient Evidence and Proof of such Order, to all Intents and Purposes whatsoever.

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'XXI. And Whereas another Act was passed in the last Session of Parliament, intituled An Act for the Encouragement of British Shipping and Navigation; and it is expedient to amend the same in Manner hereinafter provided;' Be it therefore enacted, That all Goods, the Produce of Places in the Interior of Asia or

Africa,

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