Collector to make tificate and permit. from the port or place in the said United States, from which the said vessel, boat, raft, or carriage, shall have sailed or departed has been landed or unloaded, or otherwise removed, except as he shall then specify, together with the cause, time, place, and manner, which said reports and declarations respectively, shall be made in writing, signed by the party making the same, and shall be attested by his oath, or affirmation if one of the persons called Quakers, which the said Collector or his deputy is hereby authorised and required to administer and if the said master or person having the charge or command of any such vessel, boat, raft or carriage, shall neglect or omit to make the said reports and declaration, or either of them, or to attest the same or either of them, on oath or affirmation aforesaid, as the case may require, he shall for every such offence forfeit and pay a sum not less than five pounds, nor more than two hundred and fifty pounds. : IX. And be it further enacted by the authority aforesaid, That in all cases estimate and give cer- where any duties are or shall be by law imposed and payable on any goods, wares or merchandize imported from the said United States, so entered at any of the ports aforesaid, the Collector or deputy of the port where the same shall be entered, shall make an estimate of the amount of such duties, and the amount of the said duties according to the said estimate having been first paid or secured to be paid, pursuant to the provisions herein after contained, the said Collector or his deputy shall give a certificate thereof, and grant a permit to land or unload the said goods, wares or merchandize whereof such entry shall have been so made, and then, and not otherwise, it shall be lawful to land or unload the said goods or proceed therewith. How to act, when States are removed cured X. And be it further enacted by the authority aforesaid, That when any pergoods from the United son or persons, shall have occasion to remove by land or water from any from the port of entry, port of entry aforesaid, to any other port or place within this Province, any after duties paid or se- goods, wares or merchandize liable to pay duty, duly imported into any port aforesaid from the United States of America, on which the duties imposed by law shall have been paid or secured to be paid, the Collector or deputy of any such port upon requisition in writing for that purpose, made and signed by such person or persons, and to such Collector or deputy delivered,, specifying the particular goods, wares and inerchandize to be removed, and the number of packages in which the same are contained, with their marks and numbers, shall, and he is hereby required to give a protection in writing, signed by him the said Collector or deputy, specifying the particular goods, wares and merchandize to be removed, the number of the packages containing such goods, wares and merchandize, with the marks and numbers, and certifying that such goods, wares and merchandize have been duly entered in that port or harbour, and that the duties thereon have been paid or secured to be paid: And the Collector or deputy giving such protection, shall limit therein the time within which such goods, wares or merchandize, shall be removed from such port, and also the time within which the said protection shall be in force. Goods to be unladen XI. And be it further enacted by the authority aforesaid, That any goods, or merchandize imported, or brought in or upon any wessel, in open day, without wares, special licence to con- boat, raft, or carriage, from any port or place in the said United States, shall trary. not not be unladen or delivered from such vessel, boat, raft, or carriage, at any XIL And be it further enacted by the authority aforesaid, That no goods, wares or merchandize liable to pay duty, imported or brought into this Province in or upon any vessel, boat, raft, or carriage, from any port or place in the United States of America, in or upon any vessel, boat, raft or carriage, requiring to be weighed, gauged, taled, or meted, in order to ascertain the duties thereon, shall be removed from any wharf, or place upon which the same may be landed, put, or delivered, before the same shall have been weighed, gauged, taled or meted, by, or under the direction of the Collector or deputy, which he is hereby directed and required to perform with all convenient speed: And if any such goods, wares or merchandize shall be removed from such wharf or place, before the same shall have been so weighed, gauged, taled or meted, the same shall be forfeited, and may be seized by such Collector or deputy, subject nevertheless to condemnation by due course of law. duty shall be removed from the place of landged, taled, or meted. No goods liable to ing until weighed, gau Penalty. Duties bow paid or ing the goods. XIII. And be it further enacted by the authority aforesaid, That before the unlading of any goods, wares or merchandize imported, or brought into secured before unladthis Province from the said United States, on which any rates or duties are by law imposed, the said rates and duties shall be paid or secured to be paid to His Majesty, his heirs and successors, in like manner as the same are now raised, levied, collected and recovered under and by virtue of any Act of the British Legislature, relating to the customs and trade of His Majesty's Colonies in America, and under and by virtue of any Act of the Provihcial Parliament of the Province of Lower Canada. XIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Collector or deputy of any port or harbour aforesaid, after entry made of any goods, wares or merchandize, on suspicion of fraud, to open and examine in the presence of two or more reputable persons, any package or packages thereof, and if upon examination they shall be found to agree with the entries, the said Collector or deputy shall cause the same to be repacked and delivered to the said owner or claimant forthwith, and On suspicion of frand examination of goods, in what manner to be made. the Forfeitures where cording to directions of this Act, Directions for collec tors or their deputies to search for goods suspected not to be enter the expence of such examination shall be paid by the said Collector or deputy; but if any of the packages so examined shall be found to differ in their contents from the entry, then the goods, wares and merchandize contained in such package or packages shall be forfeited; subject nevertheless to condemnation according to due course of law. Trovided always That the said forfeiture shall not be incurred if it shall be made appear to the satisfaction of the said Collector or deputy, or of the Court in which a prosecution for the forfeiture shall be had, that such difference proceeded from mistake or accident, and not from an intention to defraud the revenue. XV. And be it enacted by the authority aforesaid, That all goods, wares or goods not entered ac- merchandize which shall be imported or brought by land or by inland navigation into this Province from the said United States, and which shall not be entered according to the directions of this Act, at the port or harbour where any goods, wares or merchandize shall arrive or be brought, shall be forfeited, together with the vessel, boat, raft or carriage in or upon which the same shall be found, or shall have been imported, and the tackle, apparel, furniture, cattle, horse or horses and harness thereunto respectively belonging. And the Collector or deputy of the said port or harbour, and all other Collectors and deputies, or other person or persons by them for that purpose especially appointed, shall have full power and authority to enter into and upon any vessel, boat, raft or carriage, in which he or they shall have reason to suspect any goods, wares or merchandizes not entered as aforesaid to be concealed, and therein to search for, seize and secure any such goods, wares or merchandize and if he or they shall have cause to suspect that any such goods, wares or merchandize are concealed in any particular dwelling house, store, building or other place, they or either of them shall upon application upon oath to any Justice of the Peace be entitled to a warrant to enter, taking with them a peace officer, such store or other place (in the day time only) and there to search for such goods, wares or merchandize, and if any shall be found, to seize and secure the same for trial; and if any person or persons shall conceal, or shall buy any goods, wares or merchandize, knowing them to be liable to seizure by this Act, such person or persons on conviction thereof, shall forfeit and pay double the value of the goods, wares Penalty for buying or merchandize so concealed, purchased or exchanged. goods liable to seizure. ed. Goods not prohibit free to the United States. XVI. And be it enacted by the authority aforesaid, That all goods, wares, ed to be exported duty and merchandize whereof the importation is not, and shall not be entirely prohibited, may freely, for the purposes of commerce, be carried and exported free and exempt of all duties whatsoever from and out of this Province into the said United States, as well by His Majesty's subjects as by the citizens of the said United States. XVII. And be it further enacted by the authority aforesaid, That it shall be the duty of all Collectors and deputies whatsoever to seize and secure any vessel, boat, raft or carriage, goods, wares or merchandize which shall be liable to seizure by virtue of this Act, as well without as within their respective Districts, within this Province, and all goods, wares and merchandize which shall be seized by virtue of this Act, shall remain in the custody of the person seizing the same, until such proceedings shall be had, as by law are required Method of recover ing penalties and forfeitures. required, to ascertain whether the same have been forfeited or not and all penalties and forfeitures enacted by this Act, shall be recovered and declared in His Majesty's Court of King's Bench in this Province, in the same manner and form, and upon the same evidence and by the same rules and regulations, as any penalties and forfeitures incurred for any offences against the laws relating to the customs and trade of His Majesty's Colonies in America, may now be recovered and declared forfeited in such Courts respectively. And in all cases of condemnation or of penalties and forfeiture incurred by virtue of this Act, after deducting the charges of prosecution from the gross produce thereof, the remainder shall be divided as follows, one half to nalties and forfeitures. His Majesty and the other half to the person seizing the same. XVIII. And be it further enacted by the authority aforesaid, That all vessels, boats, rafts or carriages which shall be seized in pursuance and by virtue of Division of the pe Mode of sale of all this Act, or of any Act or Acts of the Parliament of Great Britain, and which vessels, boats, &c. seiz shall be condemned in His Majesty's Court of King's Bench, shall be sold ed and condemned. by Public Auction to the best bidder by the Collector or deputy of the port or harbour where the same shall be seized, and at the place where such vessels, boats, rafts or carriages shall be seized. Provisions in case of for things done under this Act. XIX. And be it enacted by the authority aforesaid, That if any Collector or deputy, or other person executing or aiding in the seizure of any vessel, boat, actions or prosecution raft or carriage, cattle, horse or horses, harness, tackle, apparel or furniture, goods, wares or merchandize, or other thing whatsoever, shall be sued or prosecuted for any thing done in virtue of the powers of this Act; or by virtue of a warrant granted by any Justice of the Peace, pursuant to law, such officer or other person may plead the general issue and give this Act and the special matter in evidence; and if in such suit the plaintiff shall be nonsuited or judgment pass against him, the defendant shall recover double costs, and in case any Information shall be commenced and brought to trial on account of seizure of any vessel, boat, raft, or carriage, cattle, horse or horses, harness, tackle, apparel, furniture, goods, wares, merchandize or other things whatsoever as forfeited by this Act, wherein a judgment shall be given for the claimant, and it shall appear to the Court before whom the same shall be tried, that there was a probable cause of seizure, the Court shall certify on the record that there was a probable cause for seizing the same, and in such case the defendant shall not be entitled to any costs whatsoever, nor shall the persons who seized be liable to any action or prosecution on account of such seizure: And in case any action or prosecution shall be commenced and brought to trial against any person whatsoever on account of the seizing any such vessel, boat, raft, or carriage, cattle, horse or horses, harness, tackle, apparel, furniture, goods, wares or merchandize or other thing, where no information shall be commenced or brought to trial to condemn the same, and a judgment shall be given upon such action or prosecution against the defendant or defendants, if the Court, before whom such action or prosecution may be brought, shall certify in like manner as aforesaid, that there was a proable cause for such seizure, then the plaintiff, besides the vessel, boat, raft, or carriage, cattle, horse or horses, harness, tackle, apparel, furniture, goods, wares, merchandize, or other thing or things so seized, or the value thereof, shall not be entitled to above one shilling da mages, nor to any costs of suit, nor shall the defendant in any such action or prosecution be fined above one shilling; Provided always, and be it enacted by the authority aforesaid, 'That all and every such goods, wares or merchandize, vessel, boat, raft or carriage, horse or horses, cattle, harness, tackle, apWhen seizures to be parel or furniture, which shall be so seized and condemned, shall be advertised for sale on a day certain, not less than fifteen days after such condemnation. advertised for sale. XX. And be it further enacted by the authority aforesaid, That the Collectors and deputies of the said ports and harbours, shall cause to be affixed Table of fees to be and kept in some public and conspicuous place in their offices, a fair table of the fees to be taken and received by the said Collectors and deputies, which fees shall be as follows: affixed in the Collec tor's office. Penalties for taking more than legal fees. For every report of the arrival of and permit to unload any vessel, boat or batteau, under five tons burthen-One shilling and three pence. Ditto of any vessel, &c. of five tons or upwards, and not exceeding fisty tons-Two shillings and six pence. Ditto of any vessel, &c. exceeding fifty tons-Ten shillings. Ditto of any waggon, cart, sleigh, or other carriage-Four pence. For every entry of goods imported by water communication-One shilling and three pence. For For ditto ditto by any waggon, cart, sleigh, or other conveyance-Six pence. every certificate of goods having paid duty and protection-Six pencé. For every bond for payment of duties-Two shillings and six pence. XXI. And be it further enacted by the authority aforesaid, That if any Collector or deputy at any port or harbour, shall demand or receive any greater or other fee, compensation or reward, for executing any duty or service required of him by law, he shall forfeit and pay the sum of fifty pounds for each offence, recoverable in His Majesty's Court of King's Bench, to the use of the party grieved. XXII. And be it further enacted by the authority aforesaid, That the Col Names of the places lectors and their precincts shall be as follows: where Collectors are to be appointed, and their respective Districts. (See 43d Geo. III. 2.) A Collector at Cornwall, for the Eastern District. At Johnstown, for the District of Johnstown. At Kingston, for the Midland District. At Newcastle, for the Counties of Northumberland and Durham. At York, for the remainder of the Home District. At Niagara for the first, second and third Ridings of the County of Lincoln. At Fort Erie, for the remainder of the District of Niagara, and County of Haldimand. At Turkey Point, for the District of London. At Sandwich, for the Western District. CHAP. VE |