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in case of steam ships.
Exemptions ships as he thinks fit from complying with the requirements of sections 122, 123, 127, and 138.
Boarding of ships.
Officers may board any ship after clearance.
Penalty if cargo be not on board.
(ii.) Before any steam ship so exempted departs outwards from any port or place within the jurisdiction, the master or the owner, consignee, or charterer thereof shall make a report in the Form O. in the first Schedule hereto, or to that effect, and shall subscribe the declaration at the foot thereof in the presence of the Collector or other proper officer of Customs.
Penalty for breaking seal
(iii.) If any such ship departs outwards without such report having been made, the master shall forfeit the sum of one hundred pounds.
Boarding of Ships after Clearance Outwards.
130. Any officers of the Customs may go on board any ship after clearance outwards, within the limits of any port or within three miles of the coast of any place within the jurisdiction, and may demand the ship's clearance; and if there be any goods on board not contained in such clearance, such goods shall be forfeited; and if any goods contained in such clearance be not on board, the master shall forfeit the sum of twenty pounds for every package or parcel of goods contained in such clearance and not on board.
131. If any officer of the Customs shall place any lock, or lock, or re- mark, or seal upon any goods liable to duty and used as moving stores. stores on board any ship departing from any port or place within the jurisdiction, and such lock, mark, or seal be wilfully opened, altered, or broken, or if any such stores be secretly conveyed away, either while such ship remains at her first port of departure or at any other port or place within the limits of the jurisdiction, or on her passage from one such port or place to another before the final departure of such ship on her foreign voyage, the master shall forfeit the sum of twenty pounds.
Penalty for not bringing
132. If any ship departing from any port or place within to at stations. the limits of the jurisdiction shall not bring to at such stations as shall be appointed by the Governor in Council for the landing of officers from such ships, or for further examination previous to such departure, the master of such ship shall forfeit the sum of fifty pounds.
133. The time at which any goods shall be shipped on Time of board any export ship shall be deemed to be the time of exportation exportation of such goods, and the time of the last clearance defined. of any ship shall be deemed to be the time of departure of such ship.
hibited by proclamation.
134. The following goods may by proclamation or Goods proorder of the Governor in Council be prohibited either to be exported or carried coastwise: arms, ammunition, and gunpowder, military and naval stores, and any articles which the Governor in Council shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual, which may be used as food by man, and if any goods so prohibited shall be exported beyond the limits of the jurisdiction or carried coastwise, or be water-borne to be so exported or carried, they shall be forfeited.*
IV. COASTING TRADE.
The Coasting Trade.
135. All trade by sea from any place within the limits Coasting of the jurisdiction to any other place within the said limits, shall be deemed to be a coasting trade, and all ships while employed therein shall be deemed to be coasting ships, and no place within the limits of the jurisdiction, however situated with regard to any other place within the same, shall be deemed in law with reference to each other to be parts beyond the seas; and if any doubt shall at any time. arise as to what, or to, or from what parts of the coast within the limits of the jurisdiction shall be deemed a passage by sea, the Governor in Council may determine and direct in what cases the trade by water from one port or place to another port or place within the said limits shall or shall not be deemed a trade by sea within the meaning of this or any Ordinance relating to the Customs.
136. If any goods shall be taken into or put out of any Restrictions ship employed as a coasting ship whilst hovering within during coastthe Colonial waters, or not being at any port or sub-port, or if the master of any coasting ship which shall have
* Modified by Munitions of War Exportation Ordinance, No. 14 of 1877.
Times and places for
137. If any goods shall be unshipped from any ship landing and arriving coastwise, or be shipped or water-borne to be shipped to be carried coastwise on *Sundays or holidays, or unless in the presence of, or with the authority of the proper officer of the Customs, or unless at such times and places as shall be appointed or approved by him for that purpose, the same shall be forfeited, and the master of the ship shall forfeit the sum of fifty pounds.
Copy of ship's report.
Report and account of goods to be exhibited.
Account to be delivered before departing.
touched at any place other than the port for which she was cleared, shall not declare the same in writing under his hand to the Collector or other proper officer of the Customs at the port within the jurisdiction where such ship shall next afterwards arrive, the master of such ship shall forfeit the sum of one hundred pounds.
Transire to be delivered up before goods be landed.
138. If there be on board any ship any goods being part of the inward cargo of such ship, the master shall, before clearance coast wise of such ship from any port within the jurisdiction, exhibit to the proper officer of the Customs a copy of the ship's report inward of such goods, certified by the Collector or other proper officer of the Customs, and indorsed with an account of the cargo discharged in the manner directed by section 54 of this Ordinance.
139. Before any coasting ship shall depart from any port, an account, with a duplicate thereof, in the Form P. in the first Schedule hereto, and signed by the master, owner, consignee or charterer, shall be delivered to the Collector or other proper officer of the Customs; and the Collector or other proper officer of the Customs shall retain the duplicate, and return the original account, dated and signed by him. And such account shall be the clearance of the ship for the voyage and the transire or pass for the goods expressed therein, and if any such account be false the master shall forfeit a sum not exceeding fifty pounds.
140. Within twenty-four hours, or within such further time as the Collector or other proper officer of the Customs may under special circumstances permit, after the arrival of any ship so employed as a coasting ship at the port or
* See Sunday Cargo Working Ordinances, Nos. 9 of 1892 and 9 of 1898.
place of discharge, the transire, with the name of the place or wharf where the lading in the case of bonded or other dutiable goods are to be discharged noted thereon, shall be delivered to the Collector or other proper officer of the Customs, who shall note thereon the date of delivery, and retain such transire as a record in his office, and if any of Penalty on the goods on board such ship shall be unladen contrary unlading. hereto, the master shall forfeit a sum not exceeding fifty pounds; and if any goods shall be laden on board any Forfeiture of ship in any port or place within the jurisdiction and goods. carried coastwise, or having been brought coastwise shall be unladen in any such port or place contrary to this or any other Ordinance relating to the Customs, such goods shall be forfeited.
141. Any officer of the Customs, or, where there is no Officers may officer of the Customs, any constable acting under the board and authority of an officer of Customs, may go on board any coasting ship. coasting ship in any port or place within the limits of the jurisdiction, or at any period of her voyage, and search such ship and examine all goods on board, and all goods then lading or unlading, and demand all documents which ought to be on board such ship, and the Collector or other proper officer of the Customs at any port where such ship shall be, may require that all or any of such documents, and also, when any goods are landed from such ship, the original invoices, bills of lading, bills of parcels, or other such documents showing the cost of the articles at the place where they were purchased, shall be brought to him for inspection, and may detain all or any of such documents (except the ship's register) until clearance of such ship is made in accordance with the provisions of this Ordinance; and the master of any ship refusing to produce such documents on demand, or to bring the same to the Collector or other proper officer of the Customs, as the case may be, when required, shall forfeit the sum of twenty Penalty. pounds: Provided that when such documents or any of Proviso where them shall have been deposited with any consul, vice- documents deconsul, or consular agent, the master of such ship shall consul, &c. obtain the receipt of such consul, vice-consul or consular agent, therefor, and may on such demand or requirement as aforesaid produce or bring such receipt in lieu of the document, or documents mentioned therein, and such receipt on being so produced or brought may be detained
V. BONDS AND OTHER SECURITIES.
Bonds and other Securities relating to the Customs.*
142. All bonds and other securities entered into by any person or persons for the performance of any condition, entered into order, or matter relating to the Customs or incident thereto,
Bonds of minors
as aforesaid, and the consul, vice-consul or consular agent giving such receipt shall on demand made by the Collector or other proper officer of Customs produce for inspection by him the document or documents mentioned in such receipt, and shall not return, re-deliver, or give up, such document, or documents, until such clearance as aforesaid.
How bonds put in suit.
shall be valid, and upon breach of any of the conditions
143. Whenever any person shall give a bond to Her Majesty for the performance of any condition, order, or matter relating to the Customs or incident thereto, and it shall appear to the Governor, on the report of the Comptroller of Customs, or other proper officer of Customs, that the condition of such bond has been broken, the Governor may by indorsement on such bond, or otherwise, appoint some officer of Customs or other person to sue thereon, and such person shall thereupon be entitled to sue and to recover for the use of Her Majesty the
* For form of bond which may be given, see Gazettes for 1893, p. 143.