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COASTWISE.

and produce same to Officer.

False Entries

in such Book,

Forfeitures.

Accounts of

Foreign Goods,

and of Goods

subject to Coast Duty or Export Duty, to be delivered to Collector.

charge shall be noted the respective Days upon which any of such Goods be delivered out of such Ship, and also the respective Times of Departure from the Port of Lading, and of Arrival at any Port of Unlading; and such Master shall produce such Book for the Inspection of the Coastwaiter, or other proper Officer, so often as the same shall be demanded, and who shall be at liberty to make any Note or Remark therein; and if such Master shall fail correctly to keep such Book, or to produce the same; or if at any Time there be found on board such Ship any Goods not entered in the Cargo Book as laden, or any Goods noted as delivered; or if at any Time it be found that any Goods entered as laden, or any Goods not noted as delivered, be not on board, the Master of such Ship shall forfeit the Sum of Fifty Pounds; and if, upon Examination at the Port of Lading, any Package entered in the Cargo Book as containing any Foreign Goods, shall be found not to contain such Goods, such Package, with its Contents, shall be forfeited; and if at the Port of Discharge any Package shall be found to contain any Foreign Goods which are not entered in such Book, such Goods shall be forfeited.

CVIII. And be it further enacted, That before any Coasting Ship shall depart from the Port of Lading, an Account, together with a Duplicate and Triplicate of the same, all fairly written and signed by the Master, shall be delivered to the Collector or Controller, and in such Account shall be set forth such Particulars as are required to be entered in the Cargo Book, of all Foreign Goods, and of all Goods subject to Coast Duty, and of all Goods subject to Export Duty (other than any ad valorem Duty), and of all Corn, Grain, Meal, Flour or Malt laden on board; and generally whether any other British Goods, or no other British Goods be laden on board, as the Case may be; or whether such Ship be wholly laden with British Goods, not being of any of the Descriptions before mentioned as the Case may be; and the Collector or Controller shall select and retain Two of such Accounts, and shall return the Third, dated and signed by him, and noting the Clearance of the Ship thereon, and such Account shall be the Clearance of the Ship for the Voyage, and the Transire for the Goods expressed therein; and the Collector and Controller shall transmit One of such Accounts to the Collector and Controller of False Accounts. the Port of Destination; and if any such Account be false, or shall not correspond with the Cargo Book, the Master shall forfeit the Sum of Fifty Pounds.

Penalty.

Transire to

be delivered to Collector before

Goods be unladen.

Goods subject

to Duty on Arrival.

CIX. And be it further enacted, That before any Goods be unladen from any Coasting Ship at the Port of Discharge, the Master, Owner, Wharfinger or Agent of such Ship shall deliver the Transire to the Collector or Controller of such Port, who shall thereupon grant an Order for the unlading of such Ship at the Wharf or Place specified in such Order: Provided always, that if any of the Goods on board such Ship be subject to any Duty of Customs or Excise payable on Arrival coastwise at such Port, the Master, Owner, Wharfinger or Agent of such Ship, or the Consignee of such Goods, shall also deliver to the Collector or Controller a Bill of the Entry of the Particulars of such Goods, expressed in Words at Length, together with a Copy thereof, in which all Sums and Numbers may be expressed in Figures, and shall pay down all

COASTWISE.

Duties of Customs, or produce a Permit in respect of all Duties of Excise, which shall be due and payable on any of such Goods, as the Case may be, and thereupon the Collector and Controller Order for shall grant an Order for the landing of such Goods, in the Pre- landing. sence or by the Authority of the Coast Waiter.

CX. Provided always, and be it further enacted, That it shall be lawful for the Collector and Controller, in the Cases hereinafter mentioned, to grant for any Coasting Ship a general Transire, to continue in force for any Time not exceeding One Year from the Date thereof, for the Lading of any Goods (except such Goods, if any, as shall be expressly excepted therein), and for the Clearance of the Ship in which the Goods shall be laden, and for the unlading of the Goods at the Place of Discharge; (that is to say,)

For any Ship regularly trading between Places in the River Severn
Eastward of the Holmes:

For any Ship regularly trading between Places in the River Hum

ber:

For any Ship regularly trading between Places in the Frith of

Forth:

For any Ship regularly trading between Places to be named in the
Transire, and carrying only Manure, Lime, Chalk, Stone,
Gravel or any Earth, not being Fullers Earth:

Provided always, that such Transire shall be written in the Cargo
Book hereinbefore required to be kept by the Masters of Coast-
ing Ships Provided also, that if the Collector and Controller shall
at any Time revoke such Transire, and Notice thereof shall be
given to the Master or Owner of the Ship, or shall be given to
any of the Crew when on board the Ship, or shall be entered in the
Cargo Book by any Officer of the Customs, such Transire shall
become void, and shall be delivered up by the Master or Owner
to the Collector or Controller.

Collector in certain Cases may grant ge

neral Transire for Coasting Vessels.

To be written in Cargo Book. Notice of reentering same.

Commissioners of Customs to appoint Coal Meters for any Port in the United King

dom.

CXI. And be it further enacted, That for the better ascertaining and collecting of the Duties of Customs upon Coals, Culm or Cinders, it shall be lawful for the Commissioners of His Majesty Customs to appoint proper Persons to be Coal Meters in the Service of the Customs, in and for any Port in the United Kingdom; and such Meters shall measure or weigh all Coals, Culm or Cinders brought coastwise into such Port, and shall give to the Collector or Controller a Certificate under his Hand of the total Quantities of each unladen from such Ship; and if any such Penalty. Meter shall give a false Certificate, he shall forfeit and pay the Sum of One hundred Pounds; and if any Coals, Culm or Cinders be landed without the Presence or Permission of a proper Meter, the same shall be forfeited, together with all Duties which may have been paid thereon: Provided always, that nothing herein contained shall extend to repeal or in any way alter or affect any Right of Appointment of any Meters possessed under any Law or Charter by any Corporate Body at the Time of the Commencement of this Act.

CXII. And be it further enacted, That it shall be lawful in any Case and at all legal Times, for the Coast Waiter, and also for the Landing Waiter and for the Searcher, and for any other pro

per

Proviso for

other Rights.

Officer may go on board and

examine Coast

ing Ships.

COASTWISE.

Times and Places for landing and shipping.

Carrying Goods prohibited or restrained by Proclamation.

CONSTRUCTION

IN GENERAL.

Forfeited.

in Acts.

Ship.

Master.

per Officer of the Customs, to go on board any Coasting Ship in any Port or Place in the United Kingdom, or in the Isle of Man, or at any Period of her Voyage, and strictly to search such Ship, and to examine all Goods on board, and all Goods being laden or unladen, and to demand all Documents which ought to be on board such Ship.

CXIII. And be it further enacted, That no Goods shall be unshipped from any Ship arriving coastwise in the United Kingdom, or in the Isle of Man, and that no Goods shall be shipped, or waterborne to be shipped, in the United Kingdom, or in the Isle of Man, to be carried coastwise, but only on Days not being Sundays or Holidays, and in the Daytime, that is to say, from the First Day of September until the last Day of March betwixt Sun rising and Sun setting, and from the last Day of March until the First Day of September between the Hours of Seven of the Clock in the Morning and Four of the Clock in the Afternoon; nor shall any such Goods be so unshipped, shipped or waterborne, unless in the Presence or with the Authority of the proper Officer of the Customs, nor unless at Places which shall be appointed or approved by the proper Officer of the Customs.

CXIV. And be it further enacted, That whenever any Goods, which may be prohibited to be exported by Proclamation or by Order in Council, under the Authority of this Act, shall be so prohibited, it shall be lawful in such Proclamation or Order in Council to prohibit or restrain the carrying of such Goods coastwise; and if any Spirits or any such Goods shall be carried coastwise, or shall be shipped or waterborne to be carried coastwise, contrary hereto, or to any such Prohibition or Restraint, the same shall be forfeited.

‹ CXV. And in order to avoid the frequent Use of numerous Terms and Expressions in this Act, and in other Acts relating to the Customs, and to prevent any Misconstruction of the Terms and Expressions used therein;' Be it further enacted, That Of Terms used whenever the several Terms or Expressions following shall occur in this Act or in any other Act relating to the Customs, the same shall be construed respectively in the Manner hereinafter directed; (that is to say,) That the Term " Ship" shall be construed to mean Ship or Vessel generally, unless such Term shall be used to distinguish a Ship from Sloops, Brigantines and other Classes of Vessels; that the Term "Master" of any Ship shall be construed to mean the Person having or taking the Charge or Command of such Ship; that the Term "Owners" and the Term "Owner" of any Ship shall be construed alike to mean One Owner, if there be only One, and any or all the Owners if there be more than One; that the Term "Mate" of any Ship shall be construed to mean the Person next in Command of such Ship to the Master thereof; that the Term "Seaman" shall be construed to mean alike Seaman, Mariner, Sailor or Landsman, being one of the Crew of any Ship; that the Term "British Possession" shall be construed to mean Colony, Plantation, Island, Territory or Settlement His Majesty, belonging to His Majesty; that the Term "His Majesty" shall be construed to mean His Majesty, His Heirs and Successors; E. I. Company. that the Term "East India Company" shall be construed to mean the United Company of Merchants of England trading to the East

Owner or
Owners.

Mate.

Seaman.

British
Possession.

Indies;

IN GENERAL.

Charter.
Collector and

Indies; that the Term "Limits of the East India Company's CONSTRUCTION Charter" shall be construed to mean all Places and Seas Eastward of the Cape of Good Hope to the Straits of Magellan; that the Terms "Collector and Controller" shall be construed to mean the Collector and Controller of the Customs of the Port intended Controller. in the Sentence; that whenever Mention is made of any public Officer, the Officer mentioned shall be deemed to be such Officer Officer. for the Time being; that the Term "Warehouse" shall be con- Warehouse. strued to mean any Place, whether House, Shed, Yard, Timber Pond or other Place in which Goods entered to be warehoused upon Importation may be lodged, kept and secured without Payment of Duty, or although prohibited to be used in the United

Kingdom; that the Term "King's Warehouse" shall be construed King's Wareto mean any Place provided by the Crown for lodging Goods house. therein for Security of the Customs.

CXVI. And be it further enacted, That the Island of Malta Malta in and its Dependencies shall be deemed to be in Europe.

CXVII. And be it further enacted, That all Duties, Bounties and Drawbacks of Customs shall be paid and received in every Part of the United Kingdom and of the Isle of Man in British Currency, and according to Imperial Weights and Measures; and that in all Cases where such Duties, Bounties and Drawbacks are imposed and allowed according to any specific Quantity or any specific Value, the same shall be deemed to apply in the same Proportion to any greater or less Quantity or Value; and all such Duties, Bounties and Drawbacks shall be under the Management of the Commissioners of the Customs.

CXVIII. And be it further enacted, That all Bonds relating to the Customs, required to be given in respect of Goods or Ships, shall be taken by the Collector and Controller for the Use of His Majesty; and after the Expiration of Three Years from the Date thereof, or of the Time, if any, limited therein for the Performance of the Condition thereof, every such Bond upon which no Prosecution or Suit shall have been commenced shall be void, and may be cancelled and destroyed.

6

Europe.

GENERAL REGULATIONS,

Weights, Measures, Currency, Manage

ment.

Collector to

take Bonds in respect of Goods relating

to the Customs.

of Foreign Spirits.

CXIX. And Whereas it is expedient that the Mode of ascertaining the Strengths and Quantities of Foreign Spirits imported into the United Kingdom, should at all Times be exactly similar to the Mode in Practice for ascertaining the Strengths and Quantities of Spirits made within the United Kingdom;' Be it therefore enacted, That the same Instruments, and the same Tables Mode of ascerand Scales of Graduation, and the same Rules and Methods, as taining Strength the Officers of the Excise shall by any Law in force for the Time being be directed to use, adopt and employ in trying and ascer taining the Strengths and Quantities of Spirits made within the United Kingdom, for the Purpose of computing and collecting the Duties of Excise payable thereon, shall be used, adopted and employed by the Officers of the Customs, in trying and ascertaining the Strengths and Quantities of Spirits imported into the United Kingdom, for the Purpose of computing and collecting the Duties of Customs payable thereon.

CXX. And be it further enacted, That no Ship shall be cleared from any Port, either for a Coasting or a Foreign Voyage, laden with any Coals or Culm which had not been previously brought

coastwise

Coal Owners

to deliver Two Certificates to

Collector previ

GENERAL REGULATIONS.

ous to Clear-
ance for

Foreign or
Coasting

Voyage.
Penalty.

Officers of Customs to take Samples of Goods.

Time of an Im

portation and of an Exportation

defined.

Arrival and

Departure of a
Ship defined.

Return of

coastwise into such Port, until the Fitter, or the Coal Owner or his Agent vending or shipping the same, shall have delivered to the Collector or Controller Two Certificates under his Hand, expressing the total Quantities of Coals, Culm and Cinders, respectively shipped or intended to be shipped by him in such Ship; and the Collector or Controller shall retain one of such Certificates, and shall deliver the other signed by him to the Master of the Ship; and every Fitter, Coal Owner or Agent, who shall refuse to give such Certificates, or shall give a false Certificate, -shall forfeit and pay the Sum of One hundred Pounds; and the Master of such Ship shall keep such Certificate, and produce the same to any Officer of Customs demanding such Production, and shall, before Bulk be broken, deliver such Certificate to the Collector or Controller of any Port in the United Kingdom to which such Coals shall be carried in such Ship.

CXXI. And be it further enacted, That it shall be lawful for the Officers of the Customs to take such Samples of any Goods as shall be necessary for ascertaining the Amount of any Duties payable on the same; and all such Samples shall be disposed of and accounted for in such Manner as the Commissioners of His Majesty's Customs shall direct.

CXXII. And be it further enacted, That if upon the first levying or repealing of any Duty, or upon the first granting or repealing of any Drawback or Bounty, or upon the first permitting or prohibiting of any Importation or Exportation, whether inwards, outwards or coastwise, in the United Kingdom, or in the Isle of Man, it shall be necessary to determine the precise Time at which an Importation or Exportation of any Goods made and completed shall be deemed to have had effect, such Time, in respect of Importation, shall be deemed to be the Time at which the Ship importing such Goods had actually come within the Limits of the Port at which such Ship shall in due Course be reported, and such Goods be discharged; and that such Time in respect of Exportation shall be deemed to be the Time at which the Goods had been shipped on board the Ship in which they had been exported; and that if such Question shall arise upon the Arrival or Departure of any Ship, in respect of any Charge or Allowance upon such Ship, exclusive of any Cargo, the Time of such Arrival shall be deemed to be the Time at which the Report of such Ship shall have been or ought to have been made; and the Time of such Departure shall be deemed to be the Time of the last Clearance of such Ship with the Collector and Controller for the Voyage upon which she had departed.

CXXIII. And be it further enacted, That if any Duty of CusDuty overpaid. toms shall have been overpaid, or if after any Duty of Customs shall have been charged and paid, it shall appear that the same had been charged under an erroneous Construction of the Law, it shall not be lawful to return any such Overcharge, unless the Right to the same shall have been acknowledged or judicially established, and unless the same be duly claimed within Three Years from the Date of such Payment.

Tonnage or
Burthen of

CXXIV. And be it further enacted, That the Tonnage or Burthen of every British Ship within the Meaning of this Act, shall Ships declared. be the Tonnage set forth in the Certificate of Registry of such

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