c. 40.

Entry to be

imported into Great Britain shall, within 24 hours after the arrival of 26 Geo. 8. such vessel at such places respectively as shall hereafter be appointed for that purpose by the commissioners of customs in England or made at the Scotland, make entry, upon oath, of the built, burthen, contents, and port of imlading, of such vessel, with the particular marks, numbers, and con- portation. tents, of every parcel of goods then laden on board such vessel, to the best of his knowledge and belief, and do and perform every act and thing in relation thereto, before the customer, collector, or other chief officer of customs of the said port, openly in the custom house at the same port, in the manner directed and required by 13 & 14 Cha. 2. [TITLE 10.] under the penalty of the forfeiture of 100%.; and the said Manifest to master shall, at the time he so makes his report or entry of his ship be delivered. upon oath at the custom house as aforesaid, deliver to the collector, or other chief officer of customs at the said port, the manifest in writing as before directed, to accompany their respective cargoes, and to be on board every vessel in which goods shall be so imported as aforesaid into Great Britain; and if the said master of any such vessel Neglecting or shall neglect or refuse to deliver such manifest to the said collector or refusing to other chief officer of customs, at the time he so makes his report fest. or entry of his ship, every such master of such vessel shall, for every such offence, forfeit 2001. (a)

return mani

goods not

Rule 14. If any package whatever, which shall have been reported Packages by the master of any vessel in manner hereinbefore directed, shall be wanting wanting, and not found on board such vessel, in conformity to such agreeing report; or if the goods reported shall not agree with the manifest; or with maniif either the report or manifest shall not agree with the cargo found on board such vessel, then, and in every such case, the master of such not agreeing vessel shall forfeit 2001.: provided nevertheless, that in case any

(a) By 24 Geo. 3. sess. 2. c. 47. § 26. the master of every vessel, arriving at any port, harbour, or creek, in this kingdom, or going outwards from any port, harbour, or creek, in this kingdom, in ballast, shall, if called upon by the collector or controller, or other proper officers of customs, make a just and true report of such vessel, both inwards and outwards, and answer upon oath to such questions relative to the voyage and navigation of such vessel as shall be put to him by such respective officer at the port, harbour, or creek, where he shall arrive, or from whence he shall depart, under the penalty of forfeiting 100%, for every neglect, omission, or refusal so to do; which oath the said officer is authorized and required to administer. Provided, that no master of any vessel in ballast, making report as above required, shall, in respect thereof, be liable to the payment of any fees, other than as such vessel was subject to pay previous to the passing of this act.

By 24 Geo. 3. sess. 2, c. 47. § 28. where the master of any vessel shall report any package of goods contents unknown for exportation in the same vessel, any officer of customs may open such packages on board the vessel so reported, and examine the contents thereof, or may bring them to the King's warehouse at the custom house of the port, if it be necessary. If it appear on such examination that the packages contain goods prohibited to be imported, or are liable to forfeiture on being imported into this kingdom, by any law then in force, the goods shall be forfeited. In case the goods shall not be so prohibited, they shall not be delivered for exportation before the duties are paid for the same, without the particular direction of the commissioners of customs in England or Scotland. Goods found on board any vessel, of which no report shall have been made, shall be forfeited.

A doubt having arisen on the construction of the preamble to this last clause, which speaks of vessels arriving from several parts in Europe, it was decided by order of the board of customs, dated 21st August, 1807, that goods imported from foreign parts, whether in or out of Europe, are liable to forfeiture if they are not reported.

fest; or report

or manifest

with cargo,

$12.

26 Geo. 3. e. 40.

Accidents,

goods shall be imported without such manifest in writing as hereinbefore is directed, or in case the manifest accompanying the goods shall not agree with the report, or shall be defaced or incorrect, or shall not agree with the goods on board, and it shall be made to appear, to the satisfaction of the commissioners of customs, that the cargo imported was wholly taken on board in foreign parts, naming the particular places where it was taken on board respectively, and that no part of the cargo has been unshipped since it was taken on board, and that the manifest or content has been lost or mislaid without fraud or mistakes, &c. collusion, or that the same was defaced by accident, or incorrect by mistake, in such case, the penalties and forfeitures hereinbefore inflicted shall not be incurred: provided also, that in case any goods shall, from urgent necessity, be taken on board of any vessel in any foreign place for Great Britain, after such manifest as required by this act shall have been attested in manner hereinbefore directed, the master of such vessel shall make out, or cause to be made out, and shall sign, a separate manifest of all such goods as shall be so taken on board; which manifest shall be subject to every provision in this act contained, in like manner as the manifest so attested as aforesaid is subjected; and in such case the penalties and forfeitures hereinbefore inflicted, with respect to goods imported without a manifest, shall not be incurred, if the urgent necessity of so taking such goods on board shall be made to appear to the satisfaction of the commissioners of customs in England and Scotland respectively.

Goods taken

on board

from urgency.

Separate manifest.

Throwing

goods overboard, 13.

Masters of

vessels neg

Jecting to bring to at

Rule 15. If any goods so taken on board any vessel in any foreign place shall, after the arrival of such vessel within the limits of any port of Great Britain, or within four leagues of the coast thereof, or after the first production of the manifest to the officers of customs, in manner hereinbefore directed (whether such goods shall be inserted in the said manifest or not), be thrown overboard, (a) or staved, or otherwise in any manner destroyed (except in case of unavoidable necessity, proof of which shall be made, to the satisfaction of the commissioners of customs in England and Scotland, respectively), the master of the vessel on board of which such offence shall be committed shall forfeit 2001.

66

Rule 16. "And whereas it has frequently happened, that vessels, "as well bound to Great Britain from foreign parts, as from Great "Britain to foreign parts, have passed the usual places appointed for stationing officers of the revenue on board of vessels, and for reliev"ing or landing such officers, without bringing to for such purpose;" it is therefore enacted, that the master of any vessel coming or arriving from foreign parts shall not presume to pass such usual places, or such other places as may hereafter be appointed for that purpose by stations, 22. the commissioners of customs, or without bringing to and receiving the revenue officers on board; or, being outward bound for foreign parts, shall not presume to pass without bringing to at such usual places, or such places as shall be appointed as aforesaid, for the purpose of the cargo being examined, and of relieving or landing such officers, unless in case of unavoidable necessity, or distress of weather, or other unavoidable accident, to be made appear to the satisfaction of the commissioners of customs; and every such master, who shall so

Unavoidable accident.

(a) As to salt, see TITLE 175, Rule 3.

pass without bringing to for the purposes aforesaid, either inward or 26 Geo. 3. outward bound, shall for each such offence forfeit 100l.

c. 40.

to cabin, and

Rule 17. Any officer of His Majesty's revenue, properly authorized officers to to examine any vessel, or the cargo on board thereof, shall, at all have access times, have free access to the cabin, and every other part or place in open locks, such vessel; and in case any places within the cabin, forecastle, &c. § 23. steerage, or any other part of the ship, or any boxes, chests, or other thing contained therein, shall be locked, or in any manner fastened, and the keys shall be withheld, or the places shall not be opened for such officers, respectively, on their requiring the same of the master of such vessel, such officers, if they are of a degree superior to tidesmen or watermen, are hereby authorized and empowered to open the same in the best manner they can, and are hereby indemnified in so doing; but if such officers shall only be in the class of tidesmen or watermen, Tidesmen or they shall, and are hereby required to send for their superior officer, watermen. who is hereby in like manner authorized to open, or cause the same to be opened; and shall be, and is and are, hereby indemnified in so doing.

Rule 18. If any person whatsoever be convicted of making a false False oaths, oath, touching any of the facts required by this act to be testified on § 29. oath, or of giving false evidence, on his examination on oath before the surveyors general of customs, or any one or more of them, respectively, in conformity to this act, such person so convicted shall be deemed guilty of perjury, and shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.

TITLE X.

ENTRY, LANDING, AND SHIPPING OF GOODS.

[THE hours during which goods may be landed and shipped vary at many ports, and sometimes at the same port, as at the several docks in and near London. The places appointed for such purposes throughout Great Britain are also numerous. At each port these (respective particulars are, it is presumed, either well known or may be easily learned. To enter, therefore, upon the subject further than is done here would seem superfluous.

The rest of the matter under this title was formerly digested under IMPORTS, EXPORTS, and COASTWISE, and in some cases subdivided; but the whole being of a general nature, the present plan is now preferred, as tending to simplify the work.]

[As to the delivery of letters, see TITLE 22.]

Letters.

[As to the entry of goods to and from Ireland, see TITLE 35.]

Ireland.

[As to the entry of goods in, to, and from the Isle of Man, see Isle of Man. TITLE 48.]

[As to the entry, &c. of goods in docks, see TITLES 238-244.] As to the entry of warehouse goods, see TITLE 245.]

Docks.

As to the entry of goods to Faro or Ferro, see TITLE 57.]

Warehousing.

Faro or Ferro.

As to the entry and report of French packet or passage vessels, see French TITLE 69.]

[As to the entry of East India and China goods, see TITLE 92.]

packets.

East Indies.

[As to the entry, landing, and shipping of goods in the West Indies, West Indies, see TITLE 114.]

[As to inserting the names of pilots in ships' reports, see TITLE 237.] Pilots.

1 Eliz.

c. 11. 2. When and

where goods

&c.

Rule 1. Ir shall not be lawful for any person to lade or put, or cause to be laden or put, off or from any wharf, quay, or other place on the land, into any vessel, crayer, lighter, or bottom, any goods to be laden, whatsoever, (fish taken by your Highness' subjects only excepted,) to be transported into any place of the parts beyond the seas, or into the realm of Scotland; or to take up, discharge, and lay on land, or cause or procure to be taken up or discharged out of any lighter, ship, crayer, vessel, or bottom, being not in a leak or wreck, and laid on land, any goods whatsoever, (fish taken by any of your Highness' subjects, and salt, only excepted,) to be brought from any, the parts beyond the sea, or the realm of Scotland, by way of merchandize, but only in the day-light; that is to say, from the first of March until the last of September, between sun-rising and sun-setting; and from the last of September until the first of March, between the hours of seven in the morning and four in the afternoon; and in and upon some such open places, quays, or wharfs, as your Highness shall, on this side the said first of September therefore assign and appoint by virtue of your Highness' commission or commissions, within your Grace's ports of London, Southampton, Bristol, Westchester, Newcastle, and the suburbs of the same; and in some open places, quays, or wharfs, in all other ports, creeks, havens, or roads, (Hull only excepted,) where a customer, controller, and searcher of such ports, &c. or the servants of any of them, have by the space of 10 years last past been accustomably resident, or hereafter shall be resident, upon pain of forfeiture of all such goods so laden or discharged contrary to the true meaning of this act, or the value thereof. (a)

When master

&c. loading,

§ 3.

Rule 2. No person shall receive into any crayer or other vessel, shall receive, any goods (except as before excepted) to be transported into any place beyond the sea, or into the realm of Scotland, by way of merchandize; nor shall discharge and lay on land out of any crayer, or other vessel, any goods (except as before excepted) being brought from any place beyond the sea, or out of the realm of Scotland, by way of merchandize, in any other place, or at any other times, than are before appointed; upon pain that the owner or the master of any such crayer or vessel, or of the goods during that voyage, shall forfeit for every such offence 1007. (b)

Master to

give notice of departure,

Rule 3. No master, shipper, or purser, or other person taking charge of the voyage, or of the merchants' goods, shall receive into any crayer, or other vessel, any goods (except as before excepted) to

(a) By 47 Geo. 3. c. 51. § 8. it shall be lawful for the lords commissioners of the treasury, by warrant under their hands, whenever they shall deem it right for the better security of the revenue, and the accommodation of trade, to alter the hours during which the officers, clerks, or other persons employed in the service of customs at any port of Great Britain, except the port of London, are now by law required to attend in the execution of the duties of their respective offices or employments, and to regulate and direct the attendance of every such officer, &c. in such manners and during such times, and at such places, as the said lords commissioners shall in their judgment deem expedient for the public service.

By 56 Geo. 3. c. 35. § 2. the powers in the foregoing section of 47 Geo. 3. are extended to the port of London.

(b) By 57 Geo. 3. c. 116. § 2. it shall be lawful for any person to receive or take, at any time before and until sun-set, from the 30th September to the 1st March in each year, into any vessel bound to parts beyond the seas, any goods which may be lawfully exported, and which have been put off or water-borne from any quays in the port of London, according to law, within the legal hours for putting off the same.

be carried or transported into any of the parts beyond the sea, or 1 Eliz. c. 11. into the realm of Scotland, before he shall have signified to the customer of the port where he ladeth, and other officers there, in the open custom house, if any such be there, or else where the said officers, their deputies, or servants, or any of them, be or shall be usually resident, that he intended to lade, and to what place he intendeth to pass; nor shall, after his full lading, depart out of the port, creek, or stream, where he shall so lade, before he do in like manner signify unto the customer and other officers, as aforesaid, of his lading, and what merchants and other persons shall have lading with him, or in his crayer, vessel, or bottom, and further truly to answer to Oath. such questions as shall be ministered to him by the customer or other officer, concerning such merchandize as he shall have laden, being examined upon his oath or otherwise, in the open custom house, or otherwise as aforesaid, upon pain to forfeit for every such default, not truly advertising nor answering as aforesaid, 1007.

certifying to

officer, § 5.

Rule 4. No owner, master, purser, or other person taking charge Discharging of any crayer, vessel, or bottom, wherein any goods (except as before ship before excepted) shall be laden or brought from any the parts beyond the sea, or the realm of Scotland, shall discharge into any lighter or bottom, and lay on land, or procure, cause, or willingly suffer to be discharged into any lighter or bottom, and to be laid on land out of such crayer, vessel, or bottom, any goods whatsoever, before such owner, &c. shall have signified and declared to the customer, or other officer of the port, haven, or creek where he arriveth, the names of every of the merchants or laders, and shall have truly answered to such questions and interrogatories touching such goods as shall be then laden in any such vessel or bottom, as shall be to him ministered by such customer or other officer, openly in the custom house, or in such other places as aforesaid, upon his oath, if need so require, upon pain that every such master or purser of such crayer or vessel, for that voyage, shall forfeit for every such default, as aforesaid, 100%.

Rule 5. If any wharfinger, crane-keeper, searcher, lighterman, Concealing weigher, or other officer pertaining to the custom or custom house, offence, 7. do consent, or know any offence or thing to be committed or done contrary to the true meaning of this act, or any article therein contained, and do not, within one month next after the knowledge thereof had, disclose the same to the chief customer, or other officer of the port where or within whose office or charge any such offence shall be committed, or else to the lord treasurer, chancellor, under-treasurer, or one of the barons of the exchequer, or the attorney-general for the time being, he shall, for every such concealment, or not disclosing such offence, forfeit 1007.

Cha. 2. c. 11.

614.

Further

Rule 6. The King may from time to time, by his commission out 13 and 14 of his court of exchequer, appoint all such further places, ports, members, and creeks, (except the town of Hull,) as shall be lawful for the landing and discharging, lading or shipping, of any goods, within the places. kingdom of England, and to what ancient and head ports respectively such places, &c. shall belong: and where any such member, &c. shall be so appointed, the customer, collector, controller, and searcher of the head port, shall, by themselves or their sufficient deputy or deputies, or servants, reside and inhabit, for the entering, clearing, and passing, shipping, and discharging of ships; and by virtue of the aforesaid commission, may likewise set down and appoint the extents,