VIII-LEGAL PROCEDURE. Generally. 190. Penalties and forfeitures how to be sued for. 191. The Supreme Court Ordinance and Criminal Procedure Ordinance incorporated. 192. Venue in offences against Customs laws. 193. Where duties or penalties sought do not exceed £100 action may be before Divisional Court or District Commissioner. 194. District Commissioner's jurisdiction by consent where the sums claimed exceed £100. 195. How value of goods to be ascertained. 196. Form of writs and process. 197. Procedure upon informations for penalties or forfeitures. 198. Time within which informations may be brought. 199. The Governor may direct discontinuance of prosecutions. 200. The Governor may remit penalties and restore seizures. Proceedings for Penalties. 201. Where proceedings taken by information defendant may be arrested. 204. Court may mitigate penalties in certain cases. 205. Penalty and costs to be stated in convictions, &c. 206. Period of imprisonment in default of payment of penalty exceeding £100; punishment where previous conviction. 207. Court may commute hard labour. Proceedings for Forfeitures. 208. Appraisement of property proceeded against. 209. Court to make rule nisi for condemnation: notice thereof to be given. 210. If no claim for restitution of seizure, decree of condemnation. 211. Property of perishable nature may be sold. 212. Bail may be given for seizures. 213. Hearing and decree upon claims of restitution. 214. Limitation of time for appealing. 215. Security on appeal dispensed with in certain cases. 216. Security to abide appeal. 217. In suits on seizure judge may certify probable cause. Entry of Appearances. 218. Claim to be in name of bona fide owner. 219. If goods owned by more than five co-proprietors two may make the oath. 220. If goods owned by a Company the oath may be made by the public officer or agent. Proofs in Proceedings. 221. Defendants' proofs in smuggling cases. 222. Averments in smuggling cases. 223. Revenue officer may prove that he is so by viva voce evidence. 224. The production of official letter to be sufficient proof of order. Actions against Officers. 225. One month's notice of action to officer before process. 226. Evidence limited to subject in notice. 227. Action against officers to be brought within two months after cause arises. 228. Officer may tender amends. 229. Protection to officers acting on probable cause. Arrangement of clauses. Arrangement General Regulations. of clauses. 155. Vessels having false sides, bows, &c., forfeited. 156. Goods unshipped without payment of duty and prohibited goods liable to forfeiture. 157. As to goods landed before the vessel or goods are entered. 158. Restricted goods to be deemed run. 159. Any ship with cargo and afterwards light or in ballast and cargo unaccounted for liable to forfeiture. 160. Ships may be searched within Colonial waters. 161. Customs officers may search any cart or waggon upon reasonable suspicion. 162. Officers authorised by writ of assistance may search houses for uncustomed or prohibited goods. 163. Courts and magistrates may issue search warrants. 164. Ships, boats, carriages, &c., used in removal of smuggled goods forfeited. 165. Ships and goods liable to forfeiture may be seized and persons detained. 166. Police officers seizing goods to carry them to proper officer of Customs. 167. Goods stopped by police officers may be retained until trial of persons charged with stealing them. 168. Notice to be given by seizing officer to owner of ship or goods seized, and seizures to be claimed within one month. 169. Ships and goods seized may be disposed of as the Governor directs. Penalties attaching to persons. 170. Persons may be searched if officers have reason to suspect smuggled goods are concealed upon them. 171. Persons before search may require to be taken before a Chief Officer of Customs or District Commissioner. 172. Penalty on officer for misconduct. 173. Penalty for importing, removing, or concealing prohibited goods, &c. 174. Penalty on removing goods from any ship or wharf without authority. 175. Penalty on being found on board any ship or boat liable to forfeiture. 176. Any person escaping may afterwards be detained. 177. Court may in certain cases proceed to conviction without information by 178. Persons taken before a magistrate may be detained or admitted to bail. 180. Persons assembling to the number of three or more for smuggling or 181. Three or more armed persons assembled to land or rescue smuggled goods guilty of felony. 182. Persons shooting at boats belonging to Customs service guilty of felony. 183. Punishment for assaulting officers of Customs. Compensations and Rewards. 184. Application of penalties. 185. Rewards for detaining smugglers. 186. Rewards out of penalties. 187. Rewards to officers making seizures. 188. The Governor may distribute officers' shares of seizures so as to reward persons not actually present. Collusive Seizures. 189. Penalty on officers and persons making collusive seizures or taking bribes, and on persons offering them. *Repealed by No. 7 of 1888. VIII.-LEGAL PROCEDURE. Generally. 190. Penalties and forfeitures how to be sued for. 191. The Supreme Court Ordinance and Criminal Procedure Ordinance incorporated. 192. Venue in offences against Customs laws. 193. Where duties or penalties sought do not exceed £100 action may be before Divisional Court or District Commissioner. 194. District Commissioner's jurisdiction by consent where the sums claimed exceed £100. 195. How value of goods to be ascertained. 196. Form of writs and process. 197. Procedure upon informations for penalties or forfeitures. 198. Time within which informations may be brought. 199. The Governor may direct discontinuance of prosecutions. 200. The Governor may remit penalties and restore seizures. Proceedings for Penalties. 201. Where proceedings taken by information defendant may be arrested. 204. Court may mitigate penalties in certain cases. 205. Penalty and costs to be stated in convictions, &c. 206. Period of imprisonment in default of payment of penalty exceeding £100; punishment where previous conviction. 207. Court may commute hard labour. Proceedings for Forfeitures. 208. Appraisement of property proceeded against. 209. Court to make rule nisi for condemnation: notice thereof to be given. 210. If no claim for restitution of seizure, decree of condemnation. 211. Property of perishable nature may be sold. 212. Bail may be given for seizures. 213. Hearing and decree upon claims of restitution. 214. Limitation of time for appealing. 215. Security on appeal dispensed with in certain cases. 216. Security to abide appeal. 217. In suits on seizure judge may certify probable cause. Entry of Appearances. 218. Claim to be in name of bona fide owner. 219. If goods owned by more than five co-proprietors two may make the oath. 220. If goods owned by a Company the oath may be made by the public officer or agent. Proofs in Proceedings. 221. Defendants' proofs in smuggling cases. 222. Averments in smuggling cases. 223. Revenue officer may prove that he is so by viva voce evidence. 224. The production of official letter to be sufficient proof of order. Actions against Officers. 225. One month's notice of action to officer before process. 226. Evidence limited to subject in notice. 227. Action against officers to be brought within two months after cause arises. 228. Officer may tender amends. 229. Protection to officers acting on probable cause. Arrangement of clauses. Arrangement of clauses. 1. Information. 2. Summons on information. THE SCHEDULE. 3. Summons on information for condemnation of seizures. 4. Condemnation of seized goods. 5. General warehousing bond. 6. Bond for the removal of warehoused goods. 7. Bond for exportation of goods. 8. Bond for transhipment and export. Date. CHARLES CAMERON LEES, C.M.G., Lieutenant-Governor. No. 10.-1876. AN ORDINANCE to make Provision for the Management and Be it therefore enacted by the Governor of the Gold Coast Short Title. Commence ment of Ordinance. Application of Ordinance. PRELIMINARY. 1. This Ordinance may be cited as the "Gold Coast Customs Ordinance, 1876." 2. This Ordinance shall commence and come into operation on such day, after Her Majesty shall have signified her sanction and approbation thereof, as shall hereafter be fixed by proclamation under the hand of the Governor, to be published in the Gazette.* 3. This Ordinance shall extend to the Gold Coast Colony, and to the territories near or adjacent thereto wherein Her Majesty may at any time before or after the commencement of this Ordinance have acquired powers and jurisdiction, and to the Colonial waters. • Proclaimed February 28, 1877. of certain 4. For the purposes of this Ordinance, the following terms Signification shall be understood as hereinafter defined, unless there is terms. something in the subject or context repugnant to such definition; that is to say : "The Jurisdiction " shall mean the local limits to which this Ordinance extends, as defined in the last preceding section; 66 Beyond the seas" shall include the case of any place "Port" includes sub-port; "Collector of Customs" shall include every officer ap- to superintend the landing and examination of goods "Queen's Warehouse" shall mean any place provided by "Ship" shall include every description of vessel used in "Master" shall include any person having or taking charge * Office abolished and other provision made by No. 4 of 1885. |