Page images
PDF
EPUB

VIII.-LEGAL PROCEDURE.

Arrangement of clauses.

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. 202. Penalties joint and several may be sued for by joint and several informations. 203. Hearing and adjudication upon information. 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 arpeal 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,

General Regulations. 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 un

accounted 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

Officer of Customs. 178. Persons taken before a magistrate may be detained or admitted to bail. 179. Penalty on persons offering goods for sale under pretence of being smuggled

or prohibited. 180. Persons assembling to the number of three or more for smuggling or

obstructing officers to be imprisoned with hard labour. 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.

Arrangement
of clauses.

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 Cominissioner. 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.

[ocr errors]

Proceedings for Penalties. 201. Where proceedings taken by information defendant may be arrested. 202. Penalties joint and several may be sued for by joint and several informations. 203. Hearing and adjudication upon information. 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 tive co-proprietors two may inake 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.

THE SCHEDULE.
1. Information.
2. Summons on information.
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.

CHARLES CAMERON LEES, C.M.G., Lieutenant-Governor.

No. 10.-1876.

Date,

Preamble.

AN ORDINANCE to make Provision for the Management and

Regulation of the Customs and Trade of the Gold Coast

Colony and adjacent Territories. [10th October, 1876.] WHEREAS it is expedient to make provision for the management and regulation of Customs and Trade in the Gold Coast Colony, and the territories near or adjacent thereto wherein Her Majesty has powers and jurisdiction.

Be it therefore enacted by the Governor of the Gold Coast Colony, by and with the advice and consent of the Legislative Council thereof, as follows :

PRELIMINARY.

Short Title.

Commencement of Ordinance.

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.

Application of Ordinance.

• Proclaimed February 28, 1877.

Came into operation April 5, 1877.

of certain terms,

4. For the purposes of this Ordinance, the following terms Signification shall be understood as hereinafter defined, unless there is 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 pre

ceding section;
“Beyond the seas” shall include the case of any place

situated without the limits to which this Ordinance
extends to or from which a traffic from or to any
place within the said limits is capable of being carried

on directly by sea ;
“Port” includes sub-port;
*Collector of Customs and Treasurer: Whenever any act,

matter, or thing is required by this or any Ordinance
relating to the Customs, to be done by or with the
*Collector of Customs and Treasurer, the same shall
and
may

within the Settlement or Protectorate of .
Lagos be lawfully done by or with the Assistant-

Collector and Treasurer ; “Collector of Customs” shall include every officer ap

pointed by the Governor by that designation ; “Out-door Officer” shall include any officer duly authorised

to superintend the landing and examination of goods

on their importation; “Queen's Warehouse " shall mean any place provided by

the Governor for lodging goods therein for the secu

rity of the Customs, or entered to be warehoused; “Warehouse” shall mean any place in which goods

entered to be warehoused may be lodged, kept, and

secured; “Ship” shall include every description of vessel used in

navigation; “ Master” shall include any person having or taking charge

or command of a ship;
“ Importer” shall include any owner or other person for

the time being possessed of or beneficially interested
in any goods imported within the limits to which this
Ordinance extends, from the time of the importation
thereof until they shall, on payment of the duties
thereon or otherwise, be delivered or discharged from
the custody or control of the Customs.

• Office abolished and other provision made by No. 4 of 1885.

« PreviousContinue »