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obtained-if such lading is effected between six o'clock in the morning and six o'clock in the evening on a day not being Sunday or a statutory holiday, and if the goods, on being so landed, are immediately stored in some such approved sufferance warehouse; and such goods shall be thereafter dealt with by the proper officer of Customs as prescribed by law; but nothing in this section shall affect any contract, express or implied, between the master or owner of any such vessel and the owner, shipper, or consignee of any such goods as aforesaid, or the rights or liability of any person under such contract.

2. The Governor in Council may make similar regulations for the appointment of sufferance warehouses, in which goods arriving by railway may be stored before entry-such goods having been duly reported to the collector or proper officer of Customs.

255. The Governor in Council may from time to time prohibit the exportation or the carrying coast wise of the following goods: arms, ammunition and gunpowder, military and naval stores, and any articles which the Governor in Council deems capable of being converted into or made useful in increasing the quantity of military or naval stores, or for purposes of hostility, or destruction in war, provisions or any sort of victual which may be used as food by man: and if any goods so prohibited are exported, carried coastwise, or by inland navigation, or water-borne, or laden in any railway carriage or other vehicle, for the purpose of being so exported or carried, they shall be seized and forfeited.

256. Any oath or declaration which the Governor in Council deems. necessary to protect the revenue against fraud may, in any regulation Inade by him under this Act, be prescribed, and any person or officer may be authorized to administer the same; and by any such regulation a declaration may be substituted for an oath in any case in which an oath is required by this Act.

257. The Governor in Council may prescribe the forms of oaths required under this Act; such forms may, from time to time, be repealed or amended, and the forms of oaths authorized by statute or by the Governor in Council at the time of the coming into force of this Act shall continue to be the authorized forms until altered or dispensed with by the Governor in Council.

258. All general regulations made by the Governor in Council under this Act, shall have effect from and after the day on which the same are published in the Royal Gazette, or from and after such later day as is appointed for the purpose in such regulations, and during such time as is therein expressed, or if no time is expressed for that purpose, then until the same are revoked or altered.

259. The surplus, if any, of the proceeds of the sale of any vessel sold for any penalty over and above the amount of the penalty, and expense incurred, shall be paid to the owner of the vessel so sold, or to his lawful agent or other persons entitled thereto.

260. Chapter eight of the Consolidated Statutes (second series) entitled "Of the Customs, Warehouses, Distilleries, etc.," is hereby repealed.

No. 140.-1899, July 19: Newfoundland Statute, 62 and 63 Vict.,

Section.

Cap. 19.

An Act relating to light dues.

1. Payment and amount of dues.
2. Certain vessels to pay only one-half
rates.

3. Exemption of Labrador and other
vessels.

4. Collection of dues; Commission. 5. Recovery of dues by action.

6. Rates and duties to be paid before entry.

7. Application of English Act.

755

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Be it enacted by the Governor, the Legislative Council and the House of Assembly, in Legislative Session convened, as follows:1. Upon every merchant vessel or ship entering any port or place within this colony, other than coasting, sealing or fishing vessels, owned and registered in this colony, there shall be levied and paid once in every calendar year (but not oftener than once in three months) the following duty or rate per registered ton, that is to say: At the rate of twenty-four cents per ton up to and including 500 tons, and twelve cents per ton additional on every ton over 500 up to and including 1,000 tons, and six cents per ton additional on every ton over 1,000 tons and up to and including 2,000 tons. On no ship or vessel shall a greater rate than two hundred and forty dollars be levied in any one calendar year, or oftener than once in three months.

2. Any vessel arriving in the port of St. John's for coal, food or supplies, or for repairs, and not bringing cargo for delivery in this colony, and not taking from this colony any cargo which such vessel did not bring into the colony, shall pay only one-half the light-dues provided by section one of this Act.

3. Upon vessels owned and registered in the colony, engaged in the Labrador, Bank and Coast fisheries, or in the local coasting trade, there shall not be levied or paid any rate or duty whatever under this Act while such vessels are not engaged otherwise than in the said. fisheries or trade. Should any such vessel proceed on any other than a fishing voyage to any place outside this colony such vessel shall be liable to pay once in each calendar year (but not oftener than once in three months) the rate or duty of six cents per registered ton.

4. Sub-Collectors and Preventive Officers employed in the Customs' service of the country, and such other persons as the Minister of Finance and Customs may appoint, shall be entitled to demand, recover and receive the said rates and duties imposed by this Act, and the monies raised and levied under the provisions hereof shall be paid to the Minister of Finance and Customs, and there shall be allowed to the persons so collecting, such commission, not exceeding five per centum upon the amounts collected, as the Minister of Finance and Customs may direct.

"Act now questioned by the United States: see Appendix, pp. 4-5.

5. On the non-payment by the master, or any person having charge of, or any owner of, any ship or vessel, of any rate or duty payable or incurred under this Act, such rate or duty shall and may be sued for and recovered in a summary manner, in the name of the Minister of Finance and Customs or other person authorised to receive the same, before a Stipendiary Magistrate or two Justices of the Peace within the district where the Customs' officer or other person so authorized may reside, together with all costs incurred, and shall be levied by warrant and distress of such Magistrate or Justices on the goods and chattels of the owner, or of the master or other person in charge of the respective ship or vessel, on account of which the said rate or duties shall respectively be payable.

6. Neither the Minister of Finance and Customs nor any officer of Customs shall admit to entry or clearance any ship or vessel subject and liable to the payment of any rates or duties, until the said rates and duties shall be paid to the person authorized to receive the same. 7. All tonnage dues upon foreign vessels shall be assimilated to and in conformity with the tonnage dues of British vessels; and such foreign vessels shall be measured according to rules specified in an Act of the Imperial Parliament, passed in the fifty-seventh and fiftyeighth years of the reign of Her present Majesty, known as the "Merchant Shipping Act, 1894."

8. When there is an increase of tonnage dues arising from such measurement, the expense of the measuring surveyor shall be borne by the Government of the colony, but when otherwise, by the owner or master of such vessel.

9. Any officer duly authorized by law to collect rates or dues under this Act may go on board any vessel, being within three miles of any part of the coasts of this colony, and stay on board while she remains in port or within such distance, and may, in addition to the powers and procedure prescribed in section 5 of this Act, bring into port and detain such vessel until payment or satisfaction of all light dues by law recoverable.

10. No building or erection shall be built or placed in such position as to obstruct or interfere in any manner whatever with the light exhibited in any lighthouse or beacon, or with the leading lights exhibited as guides to vessels entering the harbour of St. John's.

11. Any person acting in contravention of the provisions of the preceding section shall be liable to a penalty not exceeding forty dollars, to be recovered in a summary manner by the order and adjudication of a Justice of the Peace; and such penalty, with costs, may be levied by distress and sale of the goods and chattels of the offender by warrant under the hand of such justice, or the said offender may be committed to prison for a period not exceeding three months.

12. Any building or erection, contrary to the provisions of this Act, may be immediately removed by the Minister of Marine and Fisheries, and he may recover the cost of such removal, with costs of suit, in a summary suit for the same before any justice of the peace from any person so building or erecting such building or erection.

13. For the purpose of ascertaining the damage which may be occasioned to any person whose interests in any lands, houses, buildings, or other property, may be affected by carrying out or enforcing the provisions of this Act and providing compensation therefor, the same proceedings and remedies shall be had as are prescribed by section

163 of "The St. John's Municipal Act, 1892," so far as the same shall be applicable; and any compensation which may be awarded to such persons shall be paid out of the consolidated revenue of the colony.

14. It shall be held that any rates or dues levied and collected upon merchant ship or shipping as and for rates and dues under chapter 9 of the Consolidated Statutes of Newfoundland (second series), have been legally collected, and no action shall be brought or maintained in respect of any such rates or dues; despite any doubt which may exist as to the legality of such levy or collection.

15. Chapter 9 of the Consolidated Statutes of Newfoundland (second series), entitled "Of Light Dues and Light-houses," is hereby repealed.

756 No. 141.-1901, August 2: Newfoundland Statute, 1 Edward VII, Cap. 19.

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Be it enacted by the Governor, the Legislative Council and House of Assembly, in Legislative Session convened, as follows:

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1. Section 44 of The Customs Act, 1898," is hereby repealed and the following is substituted therefor:-

44. Upon the entry at any Customs' port, under the authority and with the sanction of the Collector or other proper officer of Customs at such port, and subject to such rules and regulations as are or may be made in that behalf under the authority of this Act, the importer may pass the goods on to any Customs' port in any other part of Newfoundland, or in transit through Newfoundland by way of any Customs' port of exit in Newfoundland, and he shall, by and upon the making of such entry, whether so expressed in such entry or not, become thereby bound to the performance of all the requirements of this Act, and of any rules and regulations, under a penalty equal to double the amount of the duty to which such goods are at the time subject; which penalty shall accrue on the commission of any act contrary to this Act, or to any rules or regulations, or on the omission. to perform any act required to be performed in respect to such goods, in addition to any other penalties and forfeitures provided for by this Act, irrespective of the liability of the carrier under any bond or otherwise. To any goods so entered for transportation there shall, until such transportation is completed, or while such goods are in Newfoundland, or upon such goods being diverted from the designated route of transportation or transit, wherever or in whosesoever possession found, attach the Customs' claim for the payment of such double duty, which claim shall have precedence of the claims of all other persons thereon, of whatever nature, and may be enforced by sale or other proceedings.

2. Section 19 of said Act is hereby amended by striking out therefrom the words "section 18" and substituting in lieu thereof the words" section 30."

3. Section 107 of the said Act is hereby amended by striking out therefrom the words "section 100" and substituting in lieu thereof the words "section 101."

No. 142.-1902, April 22: Newfoundland Statute, 2 Edward VII,

Cap. 25.

An Act to amend "The Customs' Act, 1898."

[Passed April 22, 1902.]

SECTION 1. Respecting report of vessel entering. SECTION 2. Respecting report of vessel clearing. SECTION 3. Penalty for default. SCHEDULE A. Passengers inwards. SCHEDULE B. Passengers outwards.

Be it enacted by the Governor, the Legislative Council and House of Assembly, in Legislative Session convened, as follows:

1. The master of every vessel shall, at the time of making the report in writing to the collector, as provided in section 22 of "The Customs' Act, 1898," in addition to the same, furnish the collector with a further report in writing of the number, names and additions of passengers on board such vessel. Such report shall be in the form of Schedule A. to this Act.

2. The master of every vessel shall, at the time of making the report in writing to the collector, as provided in section 96 of "The Customs' Act, 1898," in addition to the same, furnish the collector with a further report in writing of the number, names and additions of passengers on board or about to embark on such vessel. Such report shall be in the form of Schedule B. to this Act.

3. For every default in furnishing the reports in this Act provided, the master of any vessel shall be liable to a penalty not exceeding two hundred dollars.

757

Section.

No. 143.-1905, June 15: Newfoundland Statute, 5 Edward
VII, Cap. 4.o

An Act respecting foreign fishing vessels.

1. Justices and others may board and bring into port foreign fishing vessels; in certain cases such vessels shall be forfeited.

2. Vessels may be secured by officer; penalty for interference.

3. Evidence of violation of Act.

4. Offenders may be prosecuted before a Stipendiary Magistrate.

Section.

[Passed June 15th, 1905.]

5. Appeal.

6. No proceeding to be quashed for
want of form.

7. Saving Treaty rights.
8. Power to suspend Act.
9. Interpretation.

10. Repealing section.

"Act now questioned by the United States. (See Appendix, pp. 4-5.)

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