Holidays-(1), and in the Daytime, that is to say, COASTWISE. FROM the First Day of September until the last Day of March-betwixt Sun-rising and Sun-setting, AND from the last Day of March until the First Day of September-between the Hours of Seven of the Clock in the Morning and Four of the Clock in the Afternoon; -NOR shall any such Goods be so unshipped (2), shipped (3), or waterborne,—unless in the Presence or with the Authority of the proper Officer of the Customs, -nor unless at Places which shall be appointed or approved by the proper Officer of the Customs, ed or restrained. CXIV. AND be it further enacted, That whenever Goods prohibitany Goods, which may be prohibited to be exported by Proclamation (4), or by Order in Council, under the Authority of this Act, shall be so prohibited, it shall be lawful in such Proclamation or Order in Council to prohibit or restrain the carrying of such Goods Coastwise; and if any Spirits or (5) any such Goods shall be carried Coastwise, or shall be shipped or waterborne to be carried Coastwise, contrary hereto, or to any such Prohibition or Restraint, the same shall be forfeited. CXV. AND in order to avoid the frequent Use of MISCELLANEOUS. numerous Terms and Expressions in this Act, and in other Acts relating to the Customs, and to prevent any Misconstruction of the Terms and Expressions used therein; be it further enacted, THAT whenever the several Terms Terms used in or Expressions following shall occur in this Act, or in any Acts. other Act relating to the Customs, the same shall be construed respectively in the Manner herein-after directed; (that is to say), That the Term "Ship" shall be con- Ship. strued to mean Ship or Vessel generally, unless such Term shall be used to distinguish a Ship from Sloops, Brigantines, and other Classes of Vessels; that the Term "Master" Master. of any Ship shall be construed to mean the Person having or taking the Charge or Command of such Ship; that the Term "Owners" and the Term "Owner" of any Owner or Ship shall be construed alike to mean One Owner, if there Owners. be only One, and any or all the Owners, if there be more (1) See Cap. 106. § 13. (3) See Sufferance, § 106. (2) See Order, § 109. (4) See Prohibition Outwards, § 99., Table. Mate. British Possession. His Majesty. Charter. -- MISCELLANEOUS. than One;- that the Term "Mate" of any Ship shall be construed to mean the Person next in Command of such Ship to the Master thereof; - that the Term "Seaman" shall be construed to mean alike Seaman, Mariner, Sailor, or Landsman, being one of the Crew of any Ship; that the Term "British Possession" shall be construed to mean Colony, Plantation, Island, Territory, or Settlement belonging to His Majesty; that the Term "His Majesty" shall be construed to mean His Majesty, His Heirs E. I. Company. and Successors: - that the Term " East India Company" shall be construed to mean the United Company of Merchants of England trading to the East Indies; that the Term" Limits of the East India Company's Charter" shall be construed to mean all Places and Seas Eastward of the Cape of Good Hope to the Straits of Magellan; - that the Terms" Collector and Controller" shall be construed to mean the Collector and Controller of the Customs of the Port intended in the Sentence; that whenever Mention is made of any public Officer, the Officer mentioned shall be deemed to be such Officer for the Time being; that the Term "Warehouse" shall be construed to mean any Place, whether House, Shed, Yard, Timber Pond, or other Place, in which Goods entered to be warehoused upon Importation may be lodged, kept, and secured without Payment of Duty, or although prohibited to be used in the United Kingdom; -that the Term "King's Warehouse" shall be construed to mean any Place provided by the Crown for lodging Goods therein for Security of the Customs. Collector and Officer. Warehouse. King's Warehouse. Malta in Eu rope. Weights, Mea Management. CXVI. AND be it further enacted, That the Island of Malta and its Dependencies shall be deemed to be in Europe. CXVII. AND be it further enacted, That all Duties, sures, Currency, Bounties, and Drawbacks of Customs shall be paid and received in every Part of the United Kingdom and of the Isle of Man in British Currency, and according to Imperial Weights and Measures; AND that in all Cases where such Duties, Bounties, and Drawbacks are imposed and allowed according to any specific Quantityor any specific Value, the same shall be deemed to apply in the same Proportion to any greater or less Quanor Value; AND all such Duties, Bounties, tity and Drawbacks shall be under the Management of the MISCELLANEOUS. Commissioners of the Customs. -- AND after CXVIII. AND be it further enacted, That all Bonds relating to the Customs, required to be given in respect of Goods or Ships, shall be taken by the Collector and Controller for the Use of His Majesty ; the Expiration of Three Years from the Date thereof, or of the Time, if any, limited therein for the Performance of the Condition thereof, every such Bond upon which no Prosecution or Suit shall have been commenced shall be void, and may be cancelled and destroyed. CXIX. AND whereas it is expedient that the Mode of ascertaining the Strengths and Quantities of Foreign Spirits imported into the United Kingdom, - should at all Times be exactly similar to the Mode in Practice for ascertaining the Strengths and Quantities of Spirits made within the United Kingdom; - be it therefore enacted, THAT the same Instruments, and the same Tables and Scales of Graduation, and the same Rules and Methods,as the Officers of the Excise shall by any Law in force for the Time being be directed to use, adopt, and employ in trying and ascertaining the Strengths and Quantities of Spirits made within the United Kingdom, for the Purpose of computing and collecting the Duties of Excise payable thereon, shall be used, adopted, and employed by the Officers of the Customs, in trying and ascertaining the Strengths and Quantities of Spirits imported into the United Kingdom, for the Purpose of computing and collecting the Duties of Customs payable thereon. -- CXX. AND be it further enacted, That no Ship shall be cleared from any Port, either for a Coasting or a Foreign Voyage, laden with any Coals or Culm which had not been previously brought Coastwise into such Port, — until the Fitter, or the Coal Owner or his Agent vending or shipping the same, shall have delivered to the Collector or Controller Two Certificates under his Hand, expressing the total Quantities of Coals, Culm, and Cinders respectively shipped or intended to be shipped by him in such Ship (1); AND the Collector or Controller shall (1) If Small Coals, see Act 56 G. 3. c. 127. § 2. Appendix. Collector to take Bonds in respect of Goods relating to the Customs. Mode of ascertaining Strength of Foreign Spirits. Coal Owners to deliver Two Certificates to vious to Clearance for Foreign or Coasting Voyage. Collector pre MISCELLANEOUS. retain One of such Certificates, and shall deliver the Officers of Cus- Time of an Im an Exportation defined. other signed by him to the Master of the Ship; AND every Fitter, Coal Owner, or Agent, who shall refuse to give such Certificates, or shall give a false Certificate, shall forfeit and pay the Sum of One hundred Pounds; AND the Master of such Ship shall keep such Certificate, and produce the same to any Officer of Customs demanding such Production, and shall, before Bulk be broken, deliver such Certificate to the Collector or Controller of any Port in the United Kingdom to which such Coals shall be carried in such Ship. CXXI. AND be it further enacted, That it shall be lawful for the Officers of the Customs to take such Samples of any Goods as shall be necessary for ascertaining the Amount of any Duties payable on the same; - AND all such Samples shall be disposed of and accounted for in such Manner as the Commissioners of His Majesty's Customs shall direct. CXXII. AND be it further enacted, That if - upon portation and of the first levying or repealing of any Duty, or upon the first granting or repealing of any Drawback or Bounty, or upon the first permitting or prohibiting of any Importation or Exportation, whether Inwards, Outwards, or Coastwise, in the United Kingdom or in the Isle of Man, - it shall be necessary to determine the precise Time at which an Importation -or Exportation of any Goods made and completed shall be deemed to have had effect, SUCH Time, in respect of Importation, shall be deemed to be the Time at which the Ship importing such Goods had actually come within the Limits of the Port at which such Ship shall in due Course be reported, and such Goods be discharged; AND that such Time in respect of Exportation shall be deemed to be the Time at which the Goods had been shipped on board the Arrival and De- Ship in which they had been exported; - AND that if such Question shall arise upon the Arrival or Departure of any Ship, in respect of any Charge or Allowance upon such Ship, exclusive of any Cargo, the Time of such Arrival shall be deemed to be the Time at which the Report of such Ship shall have been or ought to have been made; —and the Time of such Departure shall be deemed to be the Time of the last Clearance of such parture of a Ship defined. - Ship with the Collector and Controller for the Voyage MISCELLANEOUS. upon which she had departed. CXXIII. AND be it further enacted, That if any Duty Return of Duty of Customs shall have been overpaid, or if after any overpaid. Duty of Customs shall have been charged and paid, it shall appear that the same had been charged under an erroneous Construction of the Law, it shall not be lawful to return any such Overcharge, unless the Right to the same shall have been acknowledged or judicially established, and unless the same be duly claimed within Three Years from the Date of such Payment. CXXIV. AND be it further enacted, That the Tonnage Tonnage or or Burthen of every British Ship within the Meaning of Burthen of this Act, shall be the Tonnage set forth in the Certificate Ships declared. of Registry of such Ship, and that the Tonnage or Bur then of every other Ship shall, for the Purposes of this Act, be ascertained in the same Manner (1) as the Tonnage of British Ships is ascertained. CXXV. AND be it further enacted, That it shall be lawful for the Officers of Customs at any Port under British Dominion where there shall be a Collector and Controller of the Customs, to refuse to admit any Person to do any Act at such Port as Master of any British Ship, — unless his Name shall be inserted in or have been endorsed upon (2) the Certificate of Registry of such Ship, as being the Master thereof, or until his Name shall have been so endorsed by such Collector and Controller. Officers may refuse Master of British Ship unless endorsed on Register. CXXVI. AND be it further enacted, That if any Per- Falsifying son shall counterfeit or falsify, or wilfully use when Documents. counterfeited or falsified, any Entry, Warrant, Cocket, or Transire, or other Document, for the unlading, lading, entering, reporting, or clearing of any Ship or Vessel, or for the landing or shipping of any Goods, Stores, Baggage, or Article whatever, or shall by any false Statement pro (1) See Register Act, Cap. 110. § 17. 18. and 19. |