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GENERAL REGULATION OF THE CUSTOMS.
In the following and other acts relating to the Customs, Oaths are in a great number of instances required to be made, but by the 1 and 2 Wm. IV. c. 4. Declarations are substituted in lieu thereof, -except in certain cases, for which see the act, page 436.
6 Geo. IV. c. 107. An Act for the General Regulution of the Customs. Whereas an act was passed in the present session of parliament, intituled “ An Act to repeal the several Laws relating to the Customs," in which it is declared, that the laws of the customs have become intri. cate, by reason of the great number of acts relating thereto which have been passed through a long series of years; and it is therefore highly expedient, for the interests of commerce and the ends of justice, and also for affording convenience and facility to all persons who may be subject to the operation of those laws, or who may be authorized to act in the execution thereof, that all the statutes now in force relating to the customs should be repealed, and that the purposes for which they have, from time to time, been made, should be secured by new enactments, exhibiting more perspicuously and compendiously the various provisions contained in them: and whereas, by the said act, all the laws relating to the customs will be repealed ; and it is expedient to make provisions for regulating the customs after such repeal shall have effect: be it therefore enacted by the King's most excellent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 5 January, 1826, this act shall come into and be and continue in full force and operation, for the general regulation of the customs of the United Kingdom and of the Isle of Man. $1.
Whereas it is expedient that the officers of customs should have full cognizance of all ships coming into any port in the United Kingdom, or in the Isle of Man, or approaching the coasts thereof, and of all goods on board, or which may have been on board such ships, and also of all goods unladen from any ship in any port or place in the United Kingdom or in the Isle of Man; be it therefore enacted, that
Goods not to be landed or bulk broken before report and entry. No goods shall be unladen from any ship arriving from parts beyond the seas, at any port or place in the United Kingdom, or in the Isle of Man,-nor shall bulk be broken after the arrival of such ship within four leagues of the coasts thereof respectively, before due report of such ship,—and due entry* of such goods shall have been made, and warrant
* See $ 23.
granted in manner hereinafter directed ;--and that no goods shall be so unladeu except at such times and places, and in such manner, and by such persons, and under the care of such officers as is and are hereinafter directed ;—and that all goods not duly reported, or which shall be unladen contrary hereto, shall be forfeited ; * - and if bulk be broken contrary hereto, the master of such ship shall forfeit the sum of one hundred pounds ;-and if after the arrival of any ship within four leagues of the coast of the United Kingdom, or of the Isle of Man, any alteration be made in the stowage of the cargo of such ship, so as to facilitate the unlading of any part of such cargo,-or if any part be staved, destroyed, or thrown overboard, or any package be opened, such ship shall be deemed to have broken bulk :-provided always, that the several articles hereinafter enumerated may be landed in the United Kingdom without report, entry, or warrant ;-(that is to say,) diamonds and bullion,t fresh fish, British taken and imported in British ships, turbots and lobsters fresh, however taken or imported. $ 2.
All British ships, and all ships with tobacco, to have manifests. No goods shall be imported into the United Kingdom, or into the Isle of Man, from parts beyond the seas, in any British ship,—nor any tobacco in any ship, unless the master shall have on board a manifest of such goods, or of such tobacco, made out and dated and signed by him at the place or respective places where the same or the different parts of the same was or were taken on board, and anthenticated in ihe manner hereinafter provided ;-and every such manifest shall set forth the name and the tonnage of the ship, the name of the master, and of the place to which the ship belongs, and of the place or places where the goods were taken on board respectively, and of the place or places for which they are destined respectively ;—and shall contain a particular account and description of all the packages on board, with the marks and numbers thereon, and the sorts of goods and different kinds of each sort contained therein, to the best of the master's knowledge, and of the particulars of such goods as are stowed loose ;and the names of the respective shippers and consignees, as far as the same can be known to the master ;-and to such particular account shall be subjoined a general account or recapitulation of the total number of the packages of each sort, describing the same by their usual names, or by such descriptions as the same can best be known by, and the different goods therein, and also the total quantities of the different goods stowed loose :-Provided always, that every manifest for tobacco shall be a separate manifest, distinct from any manifest for any other goods,—and shall, without fail, contain the particular weight of tobacco in each hogshead, cask, chest, or case, with the tare of the same ;-and if such tobacco be the produce of the dominions of the Grand Signior, then the number of the parcels or bundles within any such hogshead, cask, chest, or case, shall be stated in such manifest. $ 3.
To be produced to officers in colonies, 8c.—Before any ship shall be cleared out or depart from any place in any of the British possessions abroad,—or from any place in China,—with any goods for the United Kingdom or for the Isle of Man,—the master of such ship shall produce the manifest to the collector or comptroller of the customs, or other proper officer, who shall certify upon the same the date of the production thereof to him :—Provided always, thať in all places within the territorial possessions of the East India company, the servant of the said company by whom the last despatches of such ship shall be delivered, shall be the proper officer to authenticate the manifest as aforesaid, -and in all places in China the chief supercargo of the said company shall be the proper officer for such purpose. $ 4.
* See also 6 Geo. IV. c. 108. § 32. Smuggling.
# Bullion not to be brought on shore without ihe presence of the proprietors or consignee, or some person on his behalf.-Customs' Minute, 28 Feb. 1823.
To be produced to consuls.—Before the departure of any ship from any place beyond the seas, not under the British dominions, where any tobacco has been taken on board such ship for the United Kingdom or for the Isle of Man,—the master of such ship shall produce the manifest of such tobacco to the British consul or other chief British officer, if there be any such resident at or near such place ;—and such consul or other officer shall certify upon the same the date of the production therenf to him. § 5.
If wanting, master to forfeit £100.—If any goods shall be imported into the United Kingdom or into the Isle of Man, in any British ship, —or any tobacco in any ship,—without such manifest, or if any goods contained in such manifest be not on board, —the master of such ship shall forfeit the sum of one hundred pounds. $ 6.
Manifest to be produced within four leagues, and copies delivered to officers.—The master of every ship required to have a manifest on board shall produce such manifest to any officer of the customs who shall come on board his ship, after her arrival within four leagues of the coast of the United Kingdom, or of the coast of the Isle of Man, and who shall demand the same, for his inspection ;-and such master shall also deliver to any such officer, who shall be the first to demand it, a true copy of such manifest signed by the master ;—and shall also deliver another copy to any other officer of the customs, who shall be the first to demand the same within the limits of the port to which such ship is bound ;--and thereupon such officers respectively shall notify on such manifest and on such copies the date of the production of such manifest and of the receipt of such copies, and shall transmit such copies to the collector and comptroller of the port to which such vessel is first bound, and shall return such manifest to the master ;--and if such master shall not in any case produce such manifest, or deliver such copy, he shall forfeit the sum of one hundred pounds. $ 7.
Master, within twenty-four hours, and before breaking bulk, shall report.* – The master of every ship arriving from parts beyond the seas at any port in the United Kingdom or in the Isle of Man,- whether laden or in ballast,-shall, within twenty-four hours after such arrival, and before bulk be broken,-make due report of such ship, upon oath, before the collector or comptroller of such port ;-and such report shall contain an account of the particular marks, numbers, and contents of all the different packages or parcels of the goods on board such ship, and the particulars of such goods as are stowed loose, to the best of his knowledge,-and of the place or places where such goods were respectively taken on board, -and of the burthen of such ship, and of the country where such ship was built, or, if British, of the port of registry, —and of the country of the people to whoni such ship belongs -and of the name and country of the person who was master during the voyage, and of the number of the people by whom such ship was navigated, stating how many are subjects of the country to which such ship belongs, and how many are of some other country;—and in such report it shall be further declared, whether and in what cases such ship has broken § 9.
* Respecting LETTER Bags, see pages 332, 337.
bulk in the course of her voyage,-and what part of the cargo, if auy, is intended for importation at such port;—and what part, if any, is intended for importation at another port in the United Kingdom, or at another port in the Isle of Man respectively ;-and what part, if any, is prohibited to be imported, except to be warehoused for exportation ouly,--and what part, if any, is intended for exportation in such ship to parts beyond the seas,--and what surplus stores* or stock remain on board such ship ;-and, if a British ship, what foreign-made sails or cordage, not being standing or running rigging, are in use on board such ship ; and the master of any ship who shall fail to make such report, or who shall make a false report, shall forfeit the sum of one hundred pounds. $8.
Packages reported " contents unknown," may be opened and examined. If the contents of any package so intended for exportation in such ship to parts beyond the seas, shall be reported by the master as being unknown to him,-it shall be lawful for the officers of the customs to open and examine such package on board, or to bring the same to the King's warehouse for that purpose ;—and if there be found in such package any goods which may not be entered for home use, such goods shall be forfeited ; -or if the goods be such as may be entered for home use, the same shall be chargeable with the duties of importation ;unless in either case the commissioners of his Majesty's customs, in consideration of the sort or quality of such goods, or the small rate of Juty payable thereon, shall see fit to deliver the same for exportation,
Master to deliver manifest; and, if required, bill of lading or copy: -The master of every ship shall, at the time of making such report, deliver to the collector or comptroller the manifest of the cargo of such ship, where a manifest is required ;-and if required by the collector or comptroller, shall produce to him any bill or bills of lading, or a true copy thereof, for any and every part of the cargo laden on board ;--, and shall answer upon oath all such questions relating to the ship and cargo, and crew and voyage, as shall be put to him by such collector or comptroller ;--and in case of failure or refusal to produce such manifest,-—or to answer such questions,—or to produce such bill of lading or copy;-or if such manifest
, or bill of lading or copy, shall be false; -or if any bill of lading be uttered by any master, and the goods expressed therein shall not have been bona fide shipped on board such ship; or if any bill of lading, uttered or produced by any master, shall not have been signed by him; or any such copy shall not have been received or made by him previously to his leaving the place where the goods expressed in such bill of lading or copy were shipped ;-then and in every such case such master shall forfeit the sum of one hundred pounds. $ 10.
Part of cargo reported for another port.-If any part of the cargo of any ship for which a inanifest is required, be reported for importation ut some other port in the United Kingdom, or at some other port in the Isle of Man respectively,—the collector and comptroller of the port at which some part of the cargo has been delivered, shall notify such delivery on the manifest, and return the same to the master of such ship. $ 11.
Ships to come quickly to place of unlading, but to bring to at stations for boarding officers, --Every ship shall come as quickly up to the pro
* See $ 33.
per place of mooring or unlading as the nature of the port will admit, and without touching at any other place ;--and in proceeding to such place shall bring to at stations appointed by the commissioners of his Majesty's customs for the boarding of ships by the officers of the customs ;-and after arrival at such place of mooring or unlading, such ship shall not remove from such place, except directly to some other proper place, and with the knowledge of the proper officer of the customs, on penalty of one hundred pounds, to be paid by the master of such ship :-Provided always, that it shall be lawful for the commissioners of his Majesty's customs to appoint places to be the proper places for the mooring or unlading of ships importing tobacco, and where such ships only shall be moored or unladen ;-and in case the place so appointed for the unlading of such ships shall not be within some dock surrounded with walls, if any such ship after having been discharged shall remain at such place,-or if any ship not importing tobacco shall be moored at such place, the master shall in either case forfeit and pay the sum of twenty pounds. 12.
Officers to bourd ships; and to have free access to all parts.-It shall be lawful for the proper officers of the customs to board any ship arriving at any port in the United Kingdom, or in the Isle of Man,--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 hatchways, -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, if they be of a degree superior to tidesmen or watermen, may open any such place, box, or chest, in the best manner in their power ;--and if they be tidesmen or watermen, or only of that degree, they shall send for their superior officer, who 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 the officer shall place any lock, mark, or seal upon any goods on board, and such lock, mark, or seal be wilfully opened, altered, or broken before due delivery of such goods,-or if any of such goods be secretly conveyed away ;-or if the hatchways, after having been fastened down by the officer, be opened,—the master of such ship shall forfeit the sum of one hundred pounds. $ 13.
National ships, British or foreign, having goods on board, persons in charge to deliver an account and answer on oalh.-If any ship (having commission from his Majesty, or from any foreign prince or state) arriving as aforesaid at any port in the United Kingdom or in the Isle of Man, shall have on board any goods laden in paris beyond the seas, the captain, master, purser, or other person having the charge of such ship, or of such goods for that voyage, shall, before any part of such goods be taken out of such ship, or when called upon so to do by any officer of the customs,—deliver an account in writing under his hand, to the best of his knowledge, of the quality and quantity of every package or parcel of such goods, and of the marks and numbers thereon,-and of the names of the respective shippers and consignees of the same ;—and shall answer upon oath to the collector or comptroller such questions concerning such goods as shall be required of him ;and on failure thereof such captain, master, purser, or other person shall forfeit the sum of one hundred pounds ;—and all such ships shall be liable to such searches as merchant ships are liable to ;--and the