Act for the constructing of such Warehouses and Wharfs, -and being appointed to be legal Quays, - shall without any Order of the Commissioners of the Customs be Warehouses for the Purposes of this Act, for all Goods landed at such Wharfs or Quays at any Port appointed by the Commissioners of His Majesty's Treasury to be a warehousing Port as aforesaid, and all such Warehouses shall be Warehouses of special Security.

Bonds given in respect of housed to con

Goods ware

as tinue in force.

IV. AND be it further enacted, That all Appointments of Warehouses for the warehousing of Goods made under the Authority of any other Act in force at the Time of the Commencement of this Act, shall continue in force, if the same had been made under the Authority of this Act, and all Bonds given in respect of any Goods warehoused or entered to be warehoused under any Act in force at the Time of the Commencement of this Act, shall continue in force-for the Purposes of this Act.

Warehouses for

Tobacco.

V. AND be it further enacted, That the Commissioners Commissioners of His Majesty's Customs shall, out of the Monies arising to provide from the Duties of Customs, provide from Time to Time the Warehouses for the warehousing of Tobacco - at the Ports (1) into which Tobacco may be legally imported: PROVIDED always, that for every Hogshead, Chest, or Case of Tobacco so warehoused, the Importer or Proprietor thereof shall pay as and for Warehouse Rent- such Sum or Sums not exceeding any Sum payable under any Act in force at the Time of the Commencement of this Act, and at such Periods and in such Manner as the Commissioners of His Majesty's Treasury shall from Time to Time by their Warrant appoint and direct, AND all such Sums shall be paid, received, and appropriated as Duties of Customs.

or alter Appointment.

VI. AND be it further enacted, That it shall be lawful Power to revoke for the said Commissioners of His Majesty's Treasury by their Warrant, and for the said Commissioners of the Customs by their Order, from Time to Time to revoke any former Warrant or any former Order, or to make any Alteration in or Addition to any former Warrant or

(1) See Ports, Table of Restrictions, Cap. 107. § 52. For Use of Navy, see 20. and Cap. 107. § 94.

Publication in
Gazette.

Warehouse

Keeper may give general Bond, if willing;

any former Order, made by them as aforesaid respectively. (1)

VII. AND be it further enacted, That every Order made by the said Commissioners of the Customs in respect of Warehouses of special Security, as well those of original Appointment, as those of Revocation, Alteration, or Addition, shall be published in the London Gazette, for such as shall be appointed in Great Britain, and in the Dublin Gazette, for such as shall be appointed in Ireland.

VIII. AND be it further enacted, That before any Goods shall be entered to be warehoused in any Warehouse, in respect of which Security by Bond shall be required as aforesaid, the Proprietor or Occupier of such Warehouse, if he be willing, shall give general Security by Bond, with Two sufficient Sureties, for the Payment of the full Duties (2) of Importation on all such Goods as shall at any Time be warehoused therein, or Importer for the due Exportation thereof (3); AND if such give particular Proprietor or Occupier be not willing to give such general

Bond.

Sale of Goods in Warehouse by Proprietor to be valid, although they remain in such Warehouse.

or

Security, the different Importers (4) of the separate Quantities of Goods shall, upon each Importation, give such Security in respect of the particular Goods imported by them respectively,- before such Goods shall be entered to be warehoused.

IX. AND be it further enacted, That if any Goods lodged in any Warehouse shall be the Property of the Occupier of such Warehouse, and shall be bona fide sold by him, and upon such Sale there shall have been a written Agreement signed by the Parties, or a written Contract of Sale made, executed, and delivered by a Broker, or other Person legally authorized for or on behalf of the Parties respectively, and the Amount of the Price stipulated in the said Agreement or Contract shall have been actually paid or secured to be paid by the Purchaser, every such Sale shall be valid, although such

Goods shall remain in such Warehouse, — provided that a Transfer of such Goods, according to such Sale, shall have been entered in a Book, to be kept for that Purpose by the Officer of the Customs having the Charge of such Warehouse, who is hereby required to keep such Book, and to enter such Transfers with the Dates thereof, upon Application of the Owners of the Goods, and to produce such Book upon Demand made.

same;

X. AND be it further enacted, That all Goods warehoused shall be stowed in such Manner (1) as that easy Access may be had to every Package or Parcel of the AND if the Occupier of the Warehouse shall omit so to stow the same, he shall for every such Omission forfeit the Sum of Five Pounds; s; AND if any Goods shall be taken out of any Warehouse without due Entry of the same with the proper Officers of the Customs, -the Occupier of the Warehouse shall be liable to the Payment of the Duties due thereon.

or removed,

house without

XI. AND be it further enacted, That if any Goods Goods frauduwarehoused shall be fraudulently concealed inor re- lently concealed moved from the Warehouse (2),—the same shall be for- forfeited. feited; AND if any Importer or Proprietor of any Penalty on Goods warehoused, or any Person in his Employ, shall opening Wareby any Contrivance fraudulently open the Warehouse the Officer, or gain Access to the Goods, except in the Presence of 500. the proper Officer acting in the Execution of his Duty,such Importer or Proprietor shall forfeit and pay for every such Offence the Sum of Five hundred Pounds.

XII. AND be it further enacted, That within One Examination on Month after any Tobacco (3) shall have been warehoused, Entry and Landing. -and upon the Entry and Landing of any other Goods to be warehoused, the proper Officer of the Customs shall take a particular Account (4)— of the same, and shall mark the Contents (5) on each Package, and shall Marking mark the word " Prohibited" on such Packages as contain Package. Goods prohibited to be imported for Home Use;

(1) Commissioners may direct, § 2.

(2) See also Cap. 108. § 32 and 45.

(3) Party may attend to sort, separate, repack, and abandon damaged Parts, § 32.

(4) Duties due thereon, § 18.

Goods to be

house under

Authority of
Officers of
Customs.

AND that all Goods shall be warehoused and kept in the Packages in which they shall have been imported, — and no Alteration shall be made in the Packages or the packing of any Goods in the Warehouse, except (1) in the Cases herein-after provided.

XIII. AND be it further enacted, That all Goods encarried to Ware- tered to be warehoused, or to be re-warehoused (2), shall be carried (3) to the Warehouse under the Care or with the Authority or Permission of the proper Officer of the Customs, and in such Manner, -and by such Roads or Ways, of Time, as the proper Officer authorize, permit, or direct; not so carried shall be forfeited.

Goods to be cleared in Three Years, Ships Stores

in One Year;

if not cleared, to be sold or destroyed.

Purchaser
allowed Three
Months.
Company's
Goods and

"Piece Goods"

to be sold at

Company's
Sale.

-

and by such Persons, and within such Spaces of the Customs shall AND all such Goods

XIV. AND be it further enacted, That all Goods which have been so warehoused shall be duly cleared, — either for Exportation or for Home Use, within Three Years,— and all Surplus Stores (4) of Ships within One Year,from the Day of the First Entry thereof (unless further Time be given by the Commissioners of His Majesty's Treasury); AND if any such Goods be not so cleared, - it shall be lawful for the Commissioners of His Majesty's Customs to cause the same to be sold, and the Produce shall be applied to the Payment of Warehouse Rent and other Charges, and the Overplus, if any, shall be paid to the Proprietor; AND such Goods, when sold, shall be held subject to all the Conditions to which they were subject previous to such Sale, except that a further Time of Three Months from the Date of the Sale shall be allowed to the Purchaser for the clearing of such Goods from the Warehouse ; AND if the Goods so sold shall not be duly cleared from the Warehouse within such Three Months, the same shall be forfeited: PROVIDED

always, that if the Goods so to be disposed of shall have been imported by the East India Company, or shall be of the Description called "Piece Goods," imported from Places within the Limits of their Charter into the Port of London,the same shall, at the Requisition of the Commissioners of Customs, be duly exposed to Sale by the said

(1) See30 to 33.

(2) See Removal, § 20. (3) See further Entry without warehousing, § 19 and 25. (4) See Power to warehouse Ship's Stores, Cap. 107. § 33. As to taking out of Warehouse, see this Act § 17.

Company at their next ensuing Sale, and shall be then sold for the highest Price which shall be then publicly offered for the same.

XV. AND be it further enacted, That if any Goods In case of entered to be warehoused, or entered to be delivered Accident in from the Warehouse, shall be lost or destroyed by any shipping Goods, landing or unavoidable Accident, either on Shipboard or in the Duty to be landing - or shipping of the same, or in the receiving remitted. into or delivering from the Warehouse, — it shall be lawful for the Commissioners of His Majesty's Customs to remit or return the Duties payable or paid on the Quantity of such Goods so lost or destroyed.

XVI. AND be it further enacted, That no Goods which Entry for have been so warehoused shall be taken or delivered from Exportation or

the Warehouse, except upon due Entry (1), and under Home Use. Care of the proper Officers for Exportation (2), — OR upon due Entry and Payment of the full Duties payable thereon for Home Use, if they be such Goods as may be used in the United Kingdom.

--
-

be shipped without Entry, if borne on Vic

tualling Bill;

XVII. PROVIDED always, and be it enacted, That Rum for Stores, and Surplus any Rum (3) of the British Plantations may be delivered Stores, may into the Charge of the Searcher, to be shipped as Stores for any Ship without Entry or Payment of any Duty, and any surplus Stores (4) of any Ship may be delivered into the Charge of the Searcher to be reshipped as Stores for the same Ship, or for the same Master in another Ship, -without Entry or Payment of any Duty, such Rum and such surplus Stores being duly borne upon the Victualling Bill (5) of such Ships respectively; AND if the Ship, for the future Use of which any surplus Stores have been warehoused, shall have been broken up or sold, such Stores may be so delivered for the Use of any other Ship belonging to the same Owners, or may be entered or entered for for Payment of Duty, and delivered for the private Use of private Use. such Ŏwners, or any of them, or of the Master or Purser

of such Ship.

(1) See for Removal, § 18. See Samples without Entry, § 30; and Stores, § 17. See also certain Goods to be cleaned, &c. and returned, § 34. (2) See Bond, § 40. See Deficiency, § 37 and 38. See Regulation, $43. See Lighterman licensed to carry, Cap. 107. § 89.

(3) Rum drawn off for Stores, § 30.