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5 Geo. 3. c. 48.

53 Geo. 3.

Prohibited

goods.

respectively laid upon such wares, in such manner as the collectors of excise are now by law required and empowered to do.

Rule 65. If any goods which are or may be prohibited to be exc. 105.9. ported shall be laden or shipped, or put on board any vessel or boat with the intent to be laden or shipped for exportation, or shall be brought to any quay, wharf, or other place in Great Britain, in order to be laden or put on board any vessel or boat for the purpose of being exported; or if any goods which are prohibited to be exported be found in any package produced to the officers of customs as containing goods not so prohibited, then in each such case not only all such prohibited goods, but also all other goods, packed therewith, shall be forfeited and may be seized by any officer of customs. (a)

13 and 14

Cha. 2. c. 11.

$7.

Goods ship

without sufferance or

Rule 66. If any goods be shipped or put on board to be carried forth to the open sea from any one port, creek, or member in England, tó be landed at any other place of this realm, without a sufferance or ped coastwise warrant first had and obtained from the officers of customs, all such wares shall be forfeited; and the master of every vessel that shall lade or take in any such goods, in any port, &c. within England, to be landed and discharged in some other port, &c. of England, shall, before the vessel be removed or carried out of the port (where he shall take in his lading), take out a cocket (b) or cockets, and become bound to bond for deli- the King's Majesty, with good security, in the value of the goods very of goods. aforesaid, for delivery and discharge thereof, in the place for which

warrant.

Cocket, and

8 Geo. 1.

Goods coast

cuments, and entry made.

the same shall be entered as aforesaid, or in some other place within England; and (the dangers and accidents of the seas excepted) to return a certificate within six months after the date of such cocket and cockets, under the hands and seals of the King's Majesty's officers, signed also by some of the said officers of customs, or their deputies, in every port, &c. where the same shall be landed and discharged, to the officers of customs to whom such security hath been given as aforesaid, that such goods were there landed and discharged accordingly, upon the penalty of the forfeiture of the bond and security aforesaid.

Rule 67. If any goods brought or coming into any port within c. 18. 19. Great Britain, from any other port within the said kingdom, by coastwise, unship- cocket, transire, let-pass, or certificate, in any vessel, shall be unshipped ped before de. to be landed, before such cocket, &c. shall be delivered to the cuslivery of do- tomer or collector and controller of the place of her arrival, and warrant or sufferance made and given from such customer, &c. for the landing or discharging thereof, the master, purser, boatswain, or other mariner, taking charge of such vessel, out of which the goods shall be landed, knowing and consenting thereunto, shall forfeit the value of the goods so unshipped; and if any goods of foreign growth, production, or manufacture, coming coastwise, as aforesaid, shall be landed

Foreign goods.

(a) As to officers of army, navy, excise, &c. see TITLE 5, Rules 76, 83, 99, and 100. (b) By 1 Ann. stat. 1. c. 26. § 3. the proper officers for transmitting the said bonds into the exchequer shall truly and faithfully endorse every such bond, the substance of the certificate, if there be any relating thereto, and sign such endorsement, to serve as an intimation in the court of exchequer, concerning the performance or non-performance of the conditions of such bonds respectively, under the penalty of forfeiting treble damages besides costs of suit, to be recovered by the party grieved against the oicer who shall offend therein.

without the presence of an officer of customs, such foreign goods, or 8 Geo. 1. the value thereof, shall be forfeited.

c. 19.

Foreign goods

Rule 68. If any foreign goods shall be taken on board any coasting 9 Geo. 1. vessel in parts beyond the seas, or out of any vessel at sea, or at any c. 21.8. place of this kingdom, other than the place from whence such goods coastwise shall be certified, then the said goods, and double the value thereof, from places shall be forfeited, and the master of the said coasting ship, wherein not certified. the said goods were imported, shall forfeit the value of the said goods.

Officers may

Rule 69. It shall be lawful for any officer of customs or excise, 9 Geo. 2. producing his warrant or deputation (if required), to go on board and c. 35. § 39. enter into any coasting vessel, which shall be within the limits of any search coastof the ports of this kingdom, and to rummage and search the cabin and ing vessels. all other parts of such coasting vessel for prohibited and uncustomed goods, and such officer is hereby authorized and empowered to stay and remain on board such vessel, during the whole time that the same shall continue within the limits of any such port; and if any person whatsoever shall obstruct, oppose, molest, let, or hinder any obstructing officer of customs or excise, in going or remaining on board officers. such coasting vessel, or in the entering or searching the cabin, or any other part thereof, every such person shall, for every such offence, forfeit 100%. Rule 70.

any

carry

How goods

wise without cocket or bond.

"Whereas the rules and restrictions contained in the 32 Geo. 3. preceding acts of 13 & 14 Cha. 2. and 8 Geo. 1. are in many c. 50. § 1. "instances productive of unnecessary embarrassment and expense may be re"to the coasting trade of this kingdom:" it is enacted that it moved coastshall be lawful for any person whatever, to convey or remove and forth to the open sea, any goods which shall be shipped or put on board according to the directions of this act, at any port, creek, or member of any port in Great Britain, to be landed or discharged at any other place in Great Britain, without taking out any cocket, or giving any security, by bond or otherwise, for the delivery and discharge thereof at such place, subject nevertheless to the several exemptions and regulations hereinafter mentioned: provided, that no goods Exceptions. which are or shall be prohibited to be exported from Great Britain to foreign parts, nor any goods which are or shall be liable to any duty, or return of premium or bounty, to His Majesty, or which are or shall be entitled to any allowance to be made for waste on exportation thereof, or on being carried or brought coastwise, nor any goods which shall be, by virtue of any act of parliament, warehoused upon the importation thereof in Great Britain, on payment of a certain duty, and afterwards carried coastwise for the purpose of exportation, nor any goods liable to duty of customs on importation into, or on exportation from Great Britain, unless the amount of such duty, on the whole of the cargo so to be carried coastwise, shall not exceed 51. shall be allowed to be removed coastwise, in any vessel, boat, or hoy, from any port, creek, or member of a port in England, until the master thereof shall have taken out a cocket, and become bound to the King's Majesty for the delivery and discharge of such goods, in the like manner as was required by law before the passing of this act; or to be shipped or laden on board any vessel, boat, or hoy, in Scotland, for the pur- Scotland. pose of being carried coastwise to any part of Great Britain, until the master thereof shall have obtained a sufferance, warrant, or permit, for shipping or lading the same, and become bound with good security to His Majesty in the value of the goods contained in such sufferance,

82 Geo. S. c. 50.

How goods

may be ship ped coastwise by sufferance,

and carried to open sea by

transire, &c.

$.

warrant, or permit, or in the indorsement to be made thereon, as herein is directed, for the due landing of the same, and also (the dangers and accidents of the seas excepted) for returning a certificate from the chief officers of customs at the port, member, or creek, where the same shall be landed and discharged, within six months after the date of such sufferance, &c. to the officers of customs to whom such security hath been given as aforesaid, that such goods were there landed and discharged accordingly, upon the penalty of forfeiting the security aforesaid.

Rule 71. All goods (a) by this act intended to be allowed to be carried coastwise without cocket and bond, may be shipped and laden on board any vessel, boat, or hoy, British-built, and owned by British subjects, and navigated according to law, and in none other, at any port, creek, or member of a port in England, by sufferance or warrant, and be removed and carried forth to the open sea, to be landed may at any other place in Great Britain, by transire or let-r-ss only, and at any port, creek, or member of a port, in Scotland, by sufferance, warrant, or permit, and may be removed in like manner by such sufferance, warrant, or permit only, the same being indorsed in manner No transire in herein directed: provided, that nothing in this act shall extend to certain cases. require any transire or let-pass in any case where the vessel does not go to open sea, or where cocket and bond, or transire or let-pass, were not, nor was, required by law on the 1st March, 1792.

Scotland.

Goods shipped in Scotland by suf

ferance, § 3.

Masters of vessels pro

ceeding without cocket,

&c. § 4.

Goods landed

fore delivery

$5.

Rule 72. No goods which shall have been laden on board at any port, creek, or place in Scotland, by sufferance, warrant, or permit, and without cocket and bond, or without cocket, shall be removed out of any port, creek, or place in Scotland, without such sufferance, &c. accompanying the same, and a certificate of the shipping officer indorsed thereon, certifying the particulars of the goods which were shipped or laden on board by virtue thereof.

Rule 73. If the master of any vessel, boat, or hoy, on board of which any goods shall be shipped or laden in order to be carried coastwise within Great Britain, shall proceed coastwise in England, without a cocket, transire, or let-pass, or in Scotland, without a sufferance, warrant, or permit, indorsed as herein is directed, in the cases in which the same are respectively required, every such master shall, for each such offence, forfeit 50l.

Rule 74. If any goods brought or coming into any place within coastwise be- Great Britain, from any other place in England, by cocket, transire, of documents, or let-pass, or from any other place in Scotland, by sufferance, warrant, or permit, indorsed as herein is required, in any vessel, boat, or hoy, shall be unshipped, to be landed before such cocket, &c. or such sufferance, &c. indorsed as aforesaid, respectively, shall be delivered to the customer, or collector and controller, of the place of her arrival, and warrant or sufferance made and given from such customer, &c. for the landing and discharging thereof, the master of every such vessel, boat, or hoy, shall forfeit the value of such goods; or if any goods of foreign growth, production, or manufacture, shall, on coming coastwise as aforesaid, be landed without the presence of an officer of customs, all such goods, or the value thereof, shall be forfeited.

Foreign goods.

Counterfeit

ing, &c. 6.

Rule 75. If any person whatever shall counterfeit, rase, or falsify any sufferance, or any other custom house document, or any indorse

(a) As to lime, limestone, chalk, sand, &c, see Rule 79 of this title.

ment thereon, by this act required, every person so offending shall 32 Geo. 3. forfeit 2001. and the sufferance, or document, or indorsement, shall c. 50. respectively be null and void to all intents and purposes whatever.

ceeding the

§ 7.

Rule 76. If after the shipping of any goods to be carried coastwise Goods shipped as aforesaid, and after the master of the vessel, boat, or hoy, in which coastwise exthe same shall be shipped, shall have received a cocket, or other coast quantity exdocument, as by this or any former act is directed, expressing or in- pressed in the dorsed with the particulars of the goods which have been shipped, it documents, shall be found by any officer of customs, on examination thereof, that the goods shipped or laden on board shall exceed in quantity the particulars of the goods expressed either in the cocket, &c. or other coast document, obtained for the removing the same coastwise, or on the indorsement to be made upon any sufferance, warrant, or permit, as by this or any former act is directed, all such goods as shall exceed the quantity so authorized to be carried coastwise as aforesaid shall be forfeited and lost.

Rule 77. If it shall appear to the satisfaction of the commissioners How seized of customs, that such excess has arisen by mistake, and without in- goods may be restored, § 8. tention of fraud, it shall be lawful for the said commissioners to waive the forfeiture, without any reward or satisfaction to the seizing officer, if under the circumstances of the case it shall appear to the said commissioners reasonable so to do. (a)

engage in ille

Rule 78. It shall not be lawful for any officer of customs in Great Master's coast Britain to permit any vessel to be cleared out coastwise, from any hond, not to place whatever in Great Britain, until the master of such vessel shall gal landing, give security to His Majesty in the penalty of 100l. (which security &c. of goods, shall be taken by the collector or other principal officer of customs 9. at such place), with condition that such master of such vessel will not at any time thereafter land or cause to be landed, or permit to be landed, any goods, in any part of this kingdom, in any manner which is or shall be prohibited by law, or take the same on board in order to their being so landed, nor be anyways concerned, or aiding, in fraudulently importing, unshipping, or landing the same; and will not hinder, molest, or oppose any officer of customs or excise, or any other person, in the due execution of his office or employment; or until such master of such vessel shall produce a certificate, under the Certificate of hand of the collector or other principal officer of customs at some other place in Great Britain, of such security having been before given at such other place, to such collector or other principal officer, by such master as aforesaid.

bond.

Rule 79. No sufferance, or other document whatever, shall be 36 Geo. 8. required by any officer of customs for the shipping, removing, or c. 110. § 1. landing coastwise within Great Britain, of lime, limestone, chalk, sand, marle, or dung.

Lime, ma

nure, &c.

What clear

Rule 80. In every cocket or clearance of any foreign goods which 55 Geo. 3. shall be exported from Great Britain to Ireland, or from Ireland to c. 93.6 2. Great Britain, it shall be specified whether such goods were first im- ances of goods ported in a British-built ship, or in a foreign ship, into the country whence they shall be so exported to the other, and the import duty of customs on such goods shall be payable in the country into which they shall be imported from the other accordingly: and if it shall not be expressed in such cocket or clearance, whether the same were so first

(a) See TITLE 6.

imported into Great Britain

and Ireland to specify.

55 Geo. 3.

c. 83.

55 Geo. 3.

How ships ar

Ireland may

enter creeks,

and report.

imported in a British ship or in a foreign ship, then such goods shall be liable to such import duties of customs in the country into which they shall be imported from the other, as if the same had been imported into such country in a foreign ship.

Rule 81. It shall be lawful for the commissioners of customs in c. 118. 1. England or Scotland, whenever and so long as they may deem it proriving in Great per, to permit vessels arriving from Ireland to enter inwards at such Britain from creeks, (a) harbours, or basons of Great Britain, where a principal coast officer, or controller, or other principal officer of customs, shall have been appointed and stationed, and before whom it shall be lawful for the master of any such vessel to make oath of the built, burthen, contents, and lading of such vessel, with the particular marks, numbers, and contents of every parcel of goods on board such vessel, instead of proceeding to the regular custom house of the port to which such creeks, &c. belong, for that purpose; and also to do at any such creeks, &c. every thing, in relation thereto, conformably to the laws in force on 28th June, 1815, subject to the like penalties and forfeitures as such entries upon oath are now by law required to be made, openly in the custom house, before the collector or other chief officer of customs of the port to which such creeks, &c. belong.

How vessels at

Jand may report, 2.

Rule 82. It shall be lawful for the said commissioners, respectively, creeks in Ire whenever and so long as they may deem it proper, to permit the masters of such vessels as may intend to lade and clear outwards at any such creeks, &c. for any port in Ireland, to enter such vessels with the principal coast officer and controller, or other principal officer of customs, instead of proceeding to the regular custom house of the port to which such creeks, &c. belong, for that purpose; and to make oath before them to the truth of the content of the lading of any such vessel; and the master thereof is hereby required to answer such questions concerning such vessel, and the voyage on which she is about to proceed, as shall be demanded of him by the said principal coast officer and controller, or other principal officers of customs, subject to the like penalties as are provided in such cases by the laws in force on 28th June, 1816, in respect to such oaths and questions as are now required to be taken and answered before the collector or other chief officers of the port to which such creeks, harbours, or basons, belong. Rule 83. It shall be lawful for the commissioners of customs in to take coast England and Scotland, whenever it shall appear to them to be necessary and for the relief and accommodation of the coasting trade proper of this kingdom, to authorize and require any officer of customs stationed at any creek, harbour, bason, or out-station of Great Britain, at which any goods or passengers may be shipped, in order to be carried coastwise within the same, to take the coast bond or transire, or other documents required to be given for the clearance of such vessels, and for the delivery and discharge of such goods or passengers in the place for which the same shall have been entered, or in some other place in Great Britain, as the case may be; and for returning to the proper officers of customs of the port where such bond or transire, or other documents, shall have been given, the certificate or other

How officers

bonds in

oreeks, § 3.

(a) A creek, in the language of the customs, is a place included within the limits either of a head or member port, as set out by the commissions of the court of exchequer, and at which officers competent to transact the coast business are stationed by order of the board of customs. FIFTEENTH Report of thE COMMISSIONERS OF PUBLIC ACCOUNTS, p. 8.

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