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No. 139.-1898, March 30: Extract from Newfoundland Statute, 61 Vict., Cap. 13.

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port of entry.

31. Quantity and value to be stated in bill of entry.

3. Governor in Council may appoint 32. Duties amounting to less than $200

4. Duties to be debts to Her Majesty. 5. Additional duty payable in case of under valuation of goods in bill of entry.

6. Governor in Council may, in case of difference, declare rates of duty.

7. Invoices of goods to be in currency of country of export.

8. Duties proportionate.

9. Allowances for tare and draft. 10. Duty on non-enumerated articles resembling enumerated.

11. Duty on non-enumerated articles resembling more than one enumerated.

12. Duty on articles made of more than one material.

13. Duty on articles enumerated under more than one name.

14. Duty on unenumerated spirits and strong waters.

15. Duty on derelect, flotsam, &c. 16. Sale for non-payment of duties within twelve months.

17. Samples may be taken.

18. Goods not to be unladen, nor bulk broken, except after due entry, &c. 19. Steamboats cargo may be discharged into a warehouse.

20. Goods imported to be brought only into port of entry.

21. Vessels may be boarded within three miles of anchorage.

22. Report to be made by mast of vessel arriving from sea or coastwise.

23. Production of register and bills of lading.

24. Penalty for breach of provisions of last section.

25. Goods not reported liable to forfeiture.

26. Goods intended for another port or for export.

27. Goods not intended to be landed at first port.

28. Entries to be made within three days of arrival of goods.

29. Person entering goods to deliver invoice.

30. Goods not entered may be taken to warehouse and sold.

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39. Invoice may be required to be attested by owner and consignee, &c.

40. In case of death, &c., of owner, &c., personal representative may make entry, &c.

41. No person except owner, &c., may take oath unless a declaration by owner, &c., is attached to bill of entry.

42. Declaration to be kept by collector. 43. Collector to retain and file invoices. 44. Bonds to be given for goods entered in transitu, or for export or transhipment.

45. Goods imported must have a clearance from port of export.

46. Spirits not to be imported in package of less than 30 gallons, except spirits in bottles, &c. 47. Abatement of duties on goods imported damaged.

48. Duties of collector in cases of claim for abatement or refund of duties on account of damage. 49. Evidence of and allowance for damage, &c.

50. Percentage of damage when ascertained to be deducted for duty. 51. Return of duties paid on goods lost before landed.

53.

52. Allowance for damage to certain
goods.
Governor in Council may appoint
appraiser, who shall take oath
of office.

54. Where no appraiser for any port
of entry, collector to act as ap-
praiser.

55. Value of goods for duty.

56. What shall be deemed the fair market value of goods.

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

Section.

57. Special provision as to the value of certain articles.

58. In determining dutiable value of goods, cost of inland transportation to port of shipment to be added.

59. Governor in Council to make regulations for ensuring fair valuation.

60. No refund of duty for alleged inferiority except in certain cases. 61. Valuation to include drawback in another country.

62. No deduction from value by reason of drawback.

63. As to deduction for value of pack

ages.

64. As to deduction for charges for packing, cording, &c.

65. Standards for sugars. 66. Appraisement may be reviewed.

734 67. Enquiry into true value of goods appraised in case of dissatisfaction.

68. Penalty for refusing to attend or

answer.

69. Penalties for perjury.

70. Importer, &c., dissatisfied, may appeal in certain cases.

71. Fees of appraisers.

72. Penalty for refusing to act as appraiser.

73. Governor in Council may constitute warehousing ports.

74. Goods may be entered for exporta

tion or warehoused for exportation without payment of duty. 75. Mode of warehousing. 76. Warehouse bond.

77. Penalty for unlawful removal from warehouse.

78. Provisions relating to warehoused goods.

79. Collector may permit samples to be taken.

80. Handling of goods for revenue purposes to be done at importer's expense.

81. Penalty for unlawful removal of goods previous to examination. 82. Provisions as to landing of goods. 83. Goods entered to be warehoused shall be further entered for home use or exportation.

84. Transfer of warehoused goods. 85. Warehoused goods to be cleared within two years from date of warehousing, but may be rewarehoused.

86. Warehoused goods not cleared at end of two years may be sold. 87. Goods may be opened, &c., in warehouse by leave of collector.

88. Forfeiture of goods illegally removed.

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99. Dispensation as to coasting vessels.

100. Entries to be made of goods shipped before clearance granted. 101. Export entry. 102. Exportation of goods from warehouse, &c.

103. Release of liability for double duty on goods exported. 104. Governor in Council may require statistical information as to exports.

105. Entry outwards from warehouse of imported goods must correspond with entry inwards.

106. Entry outwards by agent. 107. Penalty for non-entry. 108. Report of vessel arriving coastwise.

109. Entry outward of vessels engaged in fishery and coasting trade. 110. Goods landed at Labrador subject to duties.

111. Entry of goods at Labrador. 112. Entry outwards of vessels at Labrador.

113. Where no office on shore, collector's office to be held to be on vessel.

114. Sale of goods seized at Labrador. 115. Governor in Council may authorize importation into Labrador of spirits. Penalty for aiding landing, &c., of contraband at Labrador. Compelling attendance of witnesses in proceedings for penalty.

116.

117.

118. Vessels found hovering within one league may be boarded and examined and brought into port if she does not depart.

119. Production of manifest by master.

Section. 120. Goods imported elsewhere than at port of entry, or removed before examination, may be forfeited. 121. Vessel may not enter any but a port of entry, &c.

122. Vessel with more than $800; seizure of goods and vessel. 123. Forfeiture of goods imported on the person, &c.; Entry void unless goods correspond with report.

124. Goods not so corresponding to be forfeited; suspected packages to be opened.

125. Packages of which contents are unknown.

126. Collector may cause packages to be opened.

127. Forfeiture of goods not mentioned in invoice or entry and found in packages.

128. Goods not corresponding with invoice to be forfeited. 129. As to packages delivered to importer before examination. 130. Return of packages delivered before examination and provision for avoiding delay. 131. Collector may require further proof of proper entry. 132. Permit certifying that duties

have been paid, to be granted on request of owner, &c.

133. Prohibited goods. 134. Owner, &c., of steamships to provide suitable place for examination of passenger's luggage. 135. Account to be rendered of spirituous or malt liquors made in this Colony, &c.

136. Entry of liquors, and excise duties thereon.

137. Power of revenue in connection with liquors subject to excise duty.

138. Forfeiture of liquors not reported

and entered.

139. If excise duty not paid, liquors may be sold.

140. Excisable liquors found elsewhere than in possession of maker, without duties paid, &c., to be forfeited, &c.

141. Receiver General may employ officers for attending manufactories or distilleries.

142. Officers to be sworn. 143. Compensation of officers. 144. Officer absenting himself, &c., shall be dismissed.

145. Receiver General may make regulations respecting attendance of officers, &c. 146. Regulations to be observed by manufacturers and distillers. 147. Certain officers to be deemed employed for the prevention of smuggling.

Section.

148. Powers and duty of such officers. 149. Power to search the person for smuggled goods, &c.

150. Postmaster General may detain post letter, &c., suspected to contain contraband and forward it to collector, &c. 151. Power to enter buildings, &c., in day time, &c.

152. Officers to board vessels and have free access to every part, &c. 153. Master or person in charge of vessel to provide board, &c., for Customs' officer.

154. Writ of assistance, &c. 155. Existing writs to remain in force. 156. Searching for smuggled goods. 157. Power to call for aid, &c. 158. No action to be brought while other proceding under this Act pending, &c.

159. Tender of amends, &c. 160. Time to be a bar, &c. 161. Limit of damages, if trial judge certifies for probable cause, &c. 162. Report inwards or outwards may be made by purser of steamer, but master may be called to answer questions.

163. Time of importation defined, &c. 164. Oath to include affirmation in certain cases.

165. Before whom attestations of papers for entries may be made. 166. Persons empowered to administer oaths, &c.

167. Bonds taken to be for the use and benefit of Her Majesty. 168. Forms of bonds and papers. 169. Certain certified documents to be prima facie evidence. 170. Persons transacting Customs' business for others to produce written authority, if required. 171. Atorney or agent may execute bonds for principal.

172. Partner may make bond, &c., to bind firm.

173. Certain goods exempt from duty liable to duty if sold after importation.

174. Goods exempt from duty to be described in the entry. 175. Exemption from duty of goods unladen to repair damage. 176. No exemption if goods sold. 177. Articles which may be landed without warrant, if duly reported.

178. Stocks or perishable articles may be landed before report. 179. Surplus stores dutiable. 180. Burden of proof of due entry.

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181. Time to be a bar to return of overpaid duties.

182. No refund after fourteen days.

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183. Goods must be imported in regis- 20. Counterfeited paper.

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health. 185. Where things seized to be taken. 186. How smuggled goods stopped on suspicion of being stolen to be dealt with.

187. Seizure or detention to be reported to assistant collector. 188. Assistant collector may call upon owner or claimant for statement on oath.

189. Assistant collector may report his opinion to Receiver General. 190. Proceedings thereon. 191. Decision of Rec. General final. 192. Reference to the court. 193. Proceedings thereon.

194. Service of notice to produce. 195. Sales of forfeited goods.

196. Application of proceeds of sales of forfeited goods.

197. Production of books, &c., in case of seizure of goods.

198. Penalty for non-production. 199. Release of goods seized on deposit of value and costs.

200. Cattle or perishable articles may be sold as if condemned.

201. Procedure in case of claim of articles under $100 in value. 202. Penalty and forfeiture for smuggling, &c.

203. Penalty for not reporting. 204. Forfeiture of goods landed without due entry.

205. Penalty and forfeiture for breach of regulations.

206. Vessels used in conveying forfeitable goods to be forfeited. 207. Forfeiture of smuggled goods. 208. Persons in company having smuggled goods guilty of a misde

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221. Taking seized goods without authority.

222. Persons assaulting, &c., officers. 223. Penalty for refusing to stop vessel.

224. Penalty and forfeiture for offering for sale goods pretended to be smuggled.

225. Penalty for not truly answering lawful questions.

226.

Penalty for having wrecked goods unreported, &c.

227. Penalty on police officer not conveying detained goods to Custom House.

228. Penalty on collector allowing payment to be avoided or deferred.

229. Penalty on Customs' officers conniving at evasion of revenue laws.

230. Jurisdictions in which penalties recoverable.

231. Appeals.

232. Persons entitled to bring suit. 233. More offences than one may be charged.

234. Matters to be averred in declarations, &c.

235. Costs of prosecution, &c. 236. Nolle prosequi may be entered if no fraudulent intent.

237. If place where cause of prosecution arose is averred, onus is on party traversing.

238. If probable cause for seizure is certified, successful claimant not entitled to costs. 239. Onus of proof on owner in certain cases.

240. Disposition of goods seized, &c. 241. Proceedings for condemnation may be taken

242. From what period action, &c., to be deemed to commence.

243. Commencement of

proceedings

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Section.

251. Governor in Council may make
regulations for regulating the
amount of tare.

252. Power to allow a drawback.
253. To interpret, &c., conditions on
which any article may be im-
ported.

254. To make regulations for appoint-
ment of sufferance wharves
and warehouses; Proviso.

Section.

255. To prohibit exportation of certain goods.

256. To require oath or declaration. 257. To prescribe and alter forms of oaths.

258. Regulations to take effect from publication.

259. Disposition of surplus proceeds of vessel sold to satisfy penalty. 260. Repeal.

Be it enacted by the Governor, the Legislative Council, and the House of Assembly, in Legislative Session convened, as follows:1. This Act may be cited as " The Customs' Act, 1898."

2. In this Act, or in any other laws relating to the Customs, unless the context otherwise requires

(a.) The expression "port" means a place where vessels may discharge or load cargo.

(b.) The expression "Collector" means the Collector of Customs at the port intended in the sentence, or any person lawfully deputed, appointed or authorized to do the duty of Collector thereat.

(c.) The expression "officer" means an officer of the Customs. (d.) The expression "vessel" means any ship, vessel or boat of any kind whatsoever, whether propelled by steam or otherwise.

(e.) The expression "master" means the person having or taking charge of any vessel.

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(f.) The expression "owner," "importer" or "exporter includes persons lawfully acting on their behalf. (g.) The expression "goods means goods, wares and merchandize, or moveable effects of any kind."

(h.) The expression "warehouse " means any place, whether house shed, yard, dock, pond, or other place in which goods imported may be lodged, kept and secured without payment of duty.

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(i.) The expression "Customs warehouse" includes sufferance warehouse, bonding warehouse and examining warehouse. (3.) The expression "oath" includes declaration and affirmation.

(k.) The use of the expression "seized and forfeited," "liable to forfeiture," or "subject to forfeiture," or any other expression which might of itself imply that some act subsequent to the commission of the offence is necessary to work the forfeiture, shall not be construed as rendering any such subsequent act necessary, but the forfeiture shall accrue at the time of and by the commission of the offence in respect of which the penalty of forfeiture is imposed. (7.) The expression "value" in respect to any penalty or forfeiture imposed by this Act, and based upon the value of any goods or articles, means the duty-paid value of such goods or articles at the time of the commission of the offence by which such penalty or forfeiture is incurred. (m.) The expression "Court" means the Supreme Court of Newfoundland.

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