Cha. 2. c. 11. after clearing after the ship comes into the port of her discharge, in every such case 13 and 14 the said master, purser, boatswain, or other, shall forfeit 100l. Rule 23. In case after the clearing of any vessel, by the persons Goods found which are or shall be appointed by his Majesty for managing the cus- concealed toms, or their deputies, and discharging the watchmen or tidesmen vessels, 5. from attendance thereupon, there shall be found on board such vessel any goods which have been concealed from the knowledge of the said persons which are or shall be so appointed to manage the customs, or for which the duties due upon the importation thereof have not been paid, then the master or purser of such vessel shall forfeit 1007.; and Whit of asit shall be lawful for any person, authorized by writ of assistance (a) sistance to under the seal of His Majesty's court of exchequer, to take a constable, headborough, or other public officer inhabiting near unto the place, and in the day-time to enter and go into any house, shop, or other place; and in case of resistance (b) to break open doors, chests, trunks, and other packages, there to seize, and from thence to bring, any kind of goods whatsoever, prohibited and uncustomed, and to put and secure the same in His Majesty's storehouse, in the port next to the place where such seizure shall be made. search and seize. without pre sence of offi Rule 24. If any wharfinger or keeper of any wharf, crane, or quay, Goods landed or their servants, or any of them, shall take up or land, (c) or know- or shipped ingly suffer to be taken up or landed, or shall ship off, or suffer to be waterborne at or from any of their said wharfs, cranes, or quays, any cer, or at illegoods prohibited, or whereof any duties are payable unto the gal times, § 7. King's Majesty, without the presence of some of the officers of customs thereunto appointed, or at hours and times not appointed by law (except in the port of Hull as in 1 Eliz. (d) is excepted, and not otherwise), or goods passing by certificates, waste-cocket, or otherwise, without the presence or notice given to one or more of His Majesty's officers, in every such case every such wharfinger, &c. shall forfeit 100l., and if any goods be laden or taken in from the shore, into Goods shipany bark, hoy, lighter, barge, wherry, or boat, to be carried aboard ped or unshipped with any vessel outwards bound for the parts beyond the seas, or laden or out warrant taken in, from, or out of any vessel coming in and arriving from fo- and presence (a) By 54 Geo. 3. c. 46. the writs of assistance under the seal of His Majesty's court of exchequer in England and Scotland respectively, which on or before the passing of this act have been issued, or at any time hereafter may be issued, during the reign of His present Majesty, in pursuance of the above act, shall not be held or declared to be vacated or determined by the death or resignation of all or any of the commissioners named therein, or in consequence of the revocation of the patent by which the said commissioners were constituted and appointed; but each such writ shall have full force and operation, and shall be valid for the whole of the reign of His said Majesty; and every writ of assistance which may be issued during any succeeding reign shall in like manner be determinable only upon the demise of the crown; and all the officers and ministers, vice admirals, justices of the peace, mayors, sheriffs, constables, bailiffs, headboroughs, and all other the officers, ministers, and subjects mentioned in any such writ of assistance, are hereby required to pay due obedience thereto accordingly. By order of the board of customs, dated 2d April, 1817, no writ of assistance is in future to be delivered to any officer of customs, unless he do previously make eath before a magistrate, "That he has received information that smuggled goods are lodged in a house or houses (stating the number of houses if more than one), that his informer is a person upon whom he can depend, and that the goods have been seen on the premises, as he is informed and verily believes." (b) See the case of "Scott against Shearman and others," at the end of this title. (c) See Rules 38 and 39 of this title. (d) See Rule 1 of this title, 13 and 14 ters, or water men assisting. reign parts, without a warrant, and the presence of one or more officers Cha. 2. c. 11. of customs, such bark, &c. shall be forfeited, and the master, purser, boatswain, or other mariner of any ship inward bound, knowing and consenting thereunto, shall forfeit the value of the goods so unshipCarmen, por- ped; and further, in case any carman, porter, waterman, or other person whatsoever, shall assist in the taking up, landing, shipping off, or carrying away any such goods, then such carman or person being apprehended by warrant of any justice of the peace for that county, city, or borough, which the said justices are hereby authorized to issue, and to examine witnesses upon oath concerning such fact, and the same being proved by the oath of two witnesses, the said offenders for such first offence shall and may by such justice of the peace be committed to the next gaol, there to remain till he find sufficient surety to be of the good behaviour for so long time, until he shall be thereof discharged by the lord treasurer, chancellor, under-treasurer, or barons of the exchequer; and in case he so convicted shall afterwards at any time offend in the like kind, then he shall and may, by any justice of the peace as aforesaid, be committed to the next gaol, there to remain for the space of two months without bail or mainprize, or until he shall pay unto the sheriff of that county 51. for the use of His Majesty, or until he shall by the lord treasurer, chancellor, under-treasurer, or court of exchequer, be thence discharged. (a) False docu ments, S. Rule 25. If any officer of any port, member, or creek, shall grant or make any false certificate of any goods which should have been landed out of any vessel, such officer shall lose his employment, and moreover forfeit 501. and suffer one year's imprisonment without bail or mainprize, and be incapable of serving His Majesty in any place of (a) By 6 Geo. 1. c. 21. § 39. if prohibited or customable goods be found by any officer of customs in the custody of any person, being in a bark, hoy, lighter, barge, boat, or wherry, on the water, or coming directly from the water-side, without the presence of an officer, or if such goods, upon the information of one or more credible person or persons, be found in any house, shop, cellar, warehouse, room, or other place, on a search there made in such manner as by 13 and 14 Cha. 2. c. 11. is mentioned, it shall be lawful for such officer to stop and put the said goods in His Majesty's warehouse, in the port next to the place where such stop shall be made, there to remain until the claimer thereof shall make proof by oath, or otherwise, to the satisfaction of the commissioners of customs, if such stop shall be made within the ports of London or Edinburgh, that the duties of the customable goods have been paid, or secured to be paid, or that the same had been bought in a lawful way of trade, and that he, so claiming the said goods, does verily believe the duties thereof to have been paid, or secured to be paid, or that the said goods had been compounded for, or condemned, in His Majesty's court of exchequer at Westminster or Edinburgh, or heen otherwise delivered by writ of that court respectively, and that the prohibited goods had been compounded for, or condemned, or otherwise delivered as aforesaid, in which case such goods shall be delivered without delay or charge; and if such goods be stopped in any other of the ports within this kingdom, the claimer thereof shall make the like proof to the like purpose as aforesaid, and deliver the same to the collector, or in his absence to one of the other principal officers of customs in the port where such stop shall be made; which proof shall, without loss of time, be transmitted to the said commissioners respectively, for their directions touching the immediate delivery of such goods, without charge to the claimer, or for the seizing and prosecuting of the same, as the said commissioners shall see cause. By 40. provided such proof be made within ten days after the goods shall have been so stopped, in failure whereof the same may be seized, and prosecuted in such manner as, by the several and respective laws now in force against the importation of prohibited or uncustomed goods, is provided. trust concerning his customs, and be further liable to such corporal 13 and 14 punishment as the court of exchequer shall think fit. Cha. 2. c. 11. and marks, Rule 26. Every merchant or other passing any goods, inwards or Bills of entry outwards, shall by himself or his known servant, factor, or agent, to be signed, subscribe one of his bills of every entry with the mark, (a) number, &c. inserted, and contents of every parcel of such goods as are rated to pay by the $10. piece or measure, and weight of the whole parcel of such goods as are rated to pay by the weight, without which the officers of customs shall not suffer any entry to pass; and no children of aliens under the Aliens. age of 21 years shall be permitted to be traders, or any goods to be entered in their names. Rule 27. All foreign goods, which by the persons which are or Bills of sight, shall be appointed by His Majesty for managing of the customs, and § 21. the customer, collector, and controller, shall be permitted to be landed and taken up by bills of sight, bills at view, (b) or sufferance, (c) Sufferances. shall be landed at the most convenient quays or wharfs where the said persons so to be appointed customer or collector or controller shall appoint, and not elsewhere, and there, or in His Majesty's storehouse of the respective ports, at the election of the said persons so to be appointed, and the officers, shall be measured, weighed, and numbered, by and in the presence of the officers to be thereunto particularly appointed; which said officers so appointed shall perfect the Perfecting enentry, and thereunto shall subscribe their names, and the next day fol- try. lowing shall give account, and make report, of every entry so perfected, to the said persons which are or shall be appointed to manage His Majesty's customs, customer, or collector, and controller aforesaid, without reasonable cause to be allowed by the said persons or officers, or in default thereof shall forfeit 100/. 3. Rule 28. Every merchant, or other, passing any goods inwards or 24 Geo. 3. outwards, shall, by himself, or his known servant, factor, or agent, sess. 2. c. 16. subscribe one or more bill or bills of entry, whether such goods are on Alien acalien or British account, and, if required, make oath of the same be- count. fore the officer appointed to receive the duties of the city for London (who is authorized by the charter granted to the mayor and com (a) See the note to TITLE 9, Rule 3. (b) By order of the board of customs, dated 6th Feb. 1818, the following rules are to be observed in future, viz. 1st, That no bill of sight be granted upon the application of an agent or clerk to an importer, unless upon production of their employer's authority for making such application. 2d, That in cases where a bill of sight is granted, the landing officers do take care, that on no occasion whatever more goods be suffered to be landed than the deposit on the bill of sight will cover, and that the officers do make an accurate and complete examination of the goods landed by opening the packages and by turning out, where practicable, the contents of every package. By instructions to the landing surveyors at the out-ports, it is directed, that within three days after the delivery of the goods, and completing the sufferance or sight, the landing waiter shall make a due return of the bill to the collector, endorsed with the quantity of the goods delivered, and signed by the landing surveyors and landing waiter, and from the collector require a perfect warrant the next day. Goods landed by bill of sight cannot be entered for warehousing before payment of duty, unless it be expressed in such bill that the goods are to be so warehoused, if allowable. (c) Though foreign goods have been entered, and His Majesty's duties duly paid, and a warrant be thereupon granted for the delivery there of; yet if the merchant for his conveniency is desirous to land them at any other place than the lawful quays, special sufferance must be granted for that purpose. 13 and 14 Signature of monalty and citizens of London to administer the same); and no Cha. 2. c. 11. entry on alien account shall be permitted by the officer of customs city collector. to pass, or the goods to be delivered, unless the signature or mark of the city's collector, or his deputy, appears on the face of such warrant; and if any goods be entered on British account, which are, bona fide, aliens' property, the merchant or others entering the same shall forfeit 50l. and the damages recovered shall be paid into the chamber of London for the use of the said mayor and commonalty and citizens. 26 Geo. 3. c. 40. § 14. When entry of goods to be made. Rule 29. Every importer, proprietor, or consignee of any goods. imported into Great Britain as aforesaid, shall, within 20 days after the master of such vessel shall have made,his report or entry upon oath, in manner directed by this act [TITLE 9], or after the expiration of the time within which he is required by law so to do, make a due entry (a) in writing, in the usual and accustomed manner, with the collector or other chief officer of customs, at the port in Great Britain where the vessel so laden as aforesaid shall arrive, of all the goods so by each of them imported in such vessel, or of which each of them is the importer, proprietor, or consignee, and shall pay the full duties due and payable, in ready money, for such goods, within the time aforesaid; and if he shall fail in so doing, it shall be lawful for the officers of customs to convey such goods to His Majesty's warehouse at the custom house for security of the duties; and if the full duties are not paid for such goods within the space of three calendar months from the time they shall be so brought to the said warehouse at the custom house, they shall and may be then forthwith sold, and the produce applied agreeably to 12 Ann. c. 8.: (b) proWarehoused vided that nothing hereinbefore contained shall extend to the selling of any goods which may by law be entered and warehoused, upon bond or security being given for the whole of the duties due thereon. goods. 27 Geo. 3. c. 13. 10, Goods to be entered, land count taken, ed, and ac $12. Rule 30. "Whereas in the tables hereunto annexed, (c) certain "goods are enumerated, and certain duties and drawbacks affixed "thereto; which goods, although not absolutely prohibited, yet under particular circumstances, by the laws in force on the 10th of May, "1787, are not permitted to be imported into, or exported from, this "kingdom;" it is therefore enacted, that nothing contained in the tables hereunto annexed shall extend to permit any goods whatever to be imported into, or exported from, Great Britain, in any way or manner contrary to any act of parliament in force on the 10th of May, 1787, except in any case where provision is expressly made for that purpose in the body of this act. Rule 31. All goods imported into Great Britain with an intent to be landed, except diamonds, jewels, pearls, precious stones, (d) and bullion, and fresh fish, British taken, and imported in British-built (a) See the note to TITLE 9, Rule 3. (b) By 12 Ann. st. 2. c. 8. § 12. the produce is first to be applied to or towards the payment of the freight, primage, and charges of warehouse-room, and other charges that shall arise thereon, next the customs and duties, and the overplus to be paid to the proprietor or other person authorized to receive the same. (c) The duties and drawbacks above-mentioned are now repealed, and others substituted; but in the act for granting the present duties and drawbacks, the regulations of former acts are, in other respects, to remain in force. (d) By 43 Geo. 3. c. 68. § 3. pearls, emeralds, rubies, and all other precious stones, and jewels (except diamonds), shall be regularly entered at the custom house, and landed in the presence of the proper officer, in like manner as any other goods on which any custom duties are granted. vessels, owned, navigated, and registered according to law; and also 27 Geo. 3. except turbots and lobsters, however taken or imported; whether c. 13. such goods are or shall be liable to the duty or not, shall be regularly entered at the custom house, and landed in the presence of the proper officers, who shall examine the same,' and shall not deliver them out of their custody and possession, until they shall have taken a particular account of the quantity and species of such goods. Goods con Rule 32. All goods which shall be found concealed in false bulk- 9 Geo. 2. heads, between the linings and false knees, or in concealed lockers, or c. 35. § 27. in the ballast or false package, or in any other place on board any cealed. vessel, at any time after the master thereof shall have made his report at the custom house, and which shall not be comprised or mentioned in the said report, shall be forfeited; and the master of such vessel (in case it be made appear, that he was any ways consenting or privy to such fraud or concealment) shall forfeit treble the value of the goods. Officers of excise may Rule 33. It shall be lawful for any of the officers of excise to go 11 Geo. 1. on board and enter into any vessel which shall be within the limits of c. 30 1. any of the ports of this kingdom, and to continue on board the same, and to rummage and search in like manner, as the officers of the search ships. customs may now legally do, for all exciseable liquors whatsoever, and for all coffee, tea, cocoa-nuts, chocolate, and cocoa-paste, and to seize for His Majesty's use, as well all such of the said commodities as shall be there found, as by the laws thereunto respectively relating shall be forfeited, and in like manner to seize such of the commodities aforesaid as, before due entry thereof with the proper officers, and without paying or securing the duties on the importation thereof, shall be found unshipping or unshipped out of such vessel, to be laid on land without entry and payment of the duties due for the same respectively. (a) Entry. without entry or payment of Rule 34. In case any raisins, nutmegs, cinnamon, cloves, mace, s Ann. c. 7. and snuff, charged or intended to be charged with duty, be landed § 14. or put on shore out of any vessel, before due entry be made thereof Goods landed at the custom house, in the place where the same shall be imported, and before the said duties charged or chargeable thereupon duty. shall be secured or paid, or without a warrant for the landing or delivering the same first signed by the proper officers of customs, respectively; all such imported raisins, &c. or the value of the same, shall be forfeited. or prohibited Rule 35. If any sort of goods whatsoever, liable to the payment of Goods landed duties, be unshipped with intention to be laid on land (customs and without payother duties not being first paid or secured), or if any prohibited goods ment of duty, whatsoever be imported into any part of Great Britain, then not only goods importthe said uncustomed and prohibited goods shall be forfeited, but also ed, § 17. the persons who shall be assisting, or otherwise concerned in the unshipping the said prohibited (6) and uncustomed goods, or to whose hands the same shall knowingly come, after the unshipping thereof, shall forfeit treble the value thereof, together with the vessels and boats, and all the horses, and other cattle and carriages whatsoever, (a) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100. |