[681] *The Customs Consolidation Act, 1853.
anno decimo sexto et decimo septimo victoria reginæ.
Cap. CVII.—AN ACT to amend and consolidate the laws relating to the customs of the United Kingdom and the Isle of Man, and certain laws relating to trade and navigation and the British possessions.—[August 20, 1853.]
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XIII. [682] The commissioners of customs may, from time to time, by order under their hands, appoint stations or places for ships arriving at or departing from any port or place to bring to for the boarding or landing of officers of the customs, and may also appoint places to be sufferance-wharves for the lading and unlading of goods by sufferance, in such cases, under such restrictions, and in such manner as they shall see fit, and may *also direct at what particular part or parts of any harbor, dock, quay, or other place in any port, ships laden with tobacco or any particular cargo shall moor and discharge such cargo; and the commissioners of customs, or the collector or comptroller of any port under their directions, may station officers on board any ship while within the limits of any port in the United Kingdom.
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LII. [683] The captain, master, purser, or other person having the charge of any ship (having commission from Her Majesty, or from any foreign state) having on board any goods laden in parts beyond the seas, shall, on arrival at any port in the United Kingdom, and before any part of such goods be taken out of such ship, or when called upon so to do by any officer of the customs, deliver an account in writing, under his hand, to the best of his knowledge, of the quality and quantity of every package or parcel of such goods, and of the marks and numbers thereon, and of the names of the respective shippers and consignees of the same, and shall make and subscribe a declaration at the foot of such account, declaring to the truth thereof, and shall also truly answer to the collector or comptroller such questions concerning such goods as shall be required of him, and on failure thereof of such captain, master, purser, or other person, shall forfeit the sum of one hun*dred [Page 175] pounds; and all such ships shall be liable to such searches as merchant-ships are liable to, and the officers of the customs may freely enter and go on board all such ships, and bring from thence on shore into the Queen’s warehouse any goods found on board any such ship as aforesaid, subject, nevertheless, to such regulations in respect of ships of war belonging to Her Majesty as shall, from time to time, be directed in that respect by the commissioners of Her Majesty’s treasury.
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As to the exportation and entry of goods, and the clearance of ships from the United Kingdom to parts beyond the seas:
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CXVIII. [684] The master of every ship in which any goods are to be exported from the United Kingdom to parts beyond the seas, or his agent, shall, before any goods be taken on board, deliver to the collector or comptroller a certificate from the proper officer of the due clearance inward or coastwise of such ship of her last voyage, and shall also deliver therewith an entry outward of such ship, verified by his signature, in the following form, or to the same effect, and containing the several particulars indicated, or required thereby: * * *
And if such ship shall have commenced her lading at some other port, the master shall deliver to the searcher the clearance of such goods from such other port; and if any goods be taken on board any. ship at any port before she shall have entered outwards at such port, (unless a stiffening order, when necessary, shall be issued by the proper officer to lade any heavy goods for exportation on board such ship,) the master shall forfeit the sum of one hundred pounds.
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CXXVI. [685] The shipping bill or bills, when filled up and signed by the exporter or his agent, or the consignee of the ship, as the case may be, in such manner as the proper officer may require, and countersigned by the searcher, shall be the clearance for all the goods enumerated therein; and if any of such goods shall consist of tea, spirits or tobacco, the exporter or his agent shall furnish to the searcher an account thereof, containing the number and description of the packages, and the respective quantities contained therein, which, when certified by the searcher, shall accompany the ship, and have the same force and effect as the cocket in use prior to the passing of this act; and if the exporter or his agent shall require a similar certificate in respect of any other goods shipped for exportation, the searcher shall, on its being pre*sented to him for that purpose, certify the same in like manner: Provided always. That if any such certificate be required to be in any particular form for goods destined for the Zollverein or any other foreign state, or under the name of “cocket,” such certificate may be so prepared and denominated.
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As to the shipping of stores for the use of foreign-bound vessels:
CXL. [686] The master of every ship of the burden of fifty tons or upwards, departing from any port in the United Kingdom upon a voyage to parts beyond the seas, the duration of which out and home shall not be less than forty days, shall, upon due application made by him, and upon such terms and conditions as the commissioners of customs may direct, receive from the searcher an order for the shipment of such stores as may be required and allowed by the collector or comptroller for the use of such ship, with reference to the number of the crew and passengers on board and the probable duration of the voyage on which she is about to depart; and all demands for such stores shall be made in such [Page 176] form and manner as such collector or comptroller shall require, and shall be signed by the master or owner of the vessel; and after such stores are *duly shipped the master or his agent shall make out an account of the stores so shipped, together with any other stores then already on board, and the same, when presented to the searcher, signed by him, and countersigned by the collector or comptroller, shall be the victualing bill; and no stores shall be shipped for the use of any ship, nor any articles taken on board any ship be deemed to be stores, except such as shall be borne upon such victualing bill.
As to the clearance of ships outwards:
CXLI. If there be on board any ship any goods, being part of the inward cargo reported for exportation in the same ship, the master shall, before clearance outwards of such ship from any port in the United Kingdom, deliver to the searcher a copy of the report inwards of such goods, certified by the collector or comptroller; and if such copy be found to correspond with the goods so remaining on board, the searcher shall sign the same, to be filed with the certificates or cockets, if any, and victualing bill of the ship.
CXLII. [687] Before any ship shall be cleared outwards from the United Kingdom with any goods shipped or intended to be shipped on board the same, the master shall deliver a content of such *ship to the searcher, in the form or to the effect following, and containing the several particulars therein required, as far as the same can be known by him, and shall make and subscribe the declaration at the foot thereof, in the presence of the collector or comptroller, and shall answer such questions as shall be demanded of him concerning the ship, the cargo, and the intended voyage, by such collector or comptroller.
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And before clearance, the certificates, if any, shall be delivered to the searcher, who shall compare the shipping bills with the contents and certificates, if any, and file such certificates, copy of report inwards, if any, of goods reported for exportation in such ship, and the victualing bill, with a label attached and sealed thereto, in the form or to the effect following:
[seal.]
Number of certificates, (numbers in figures.)
Ship, (name of ship.)
Master, (name of master.)
Date of clearance.
(Signature.) _______ _______,
Searcher.
(Signature.) _______ _______,
Collector or
Comptroller.
[688] And such label, when filled up, and signed by the searcher and the collector or comptroller, shall, *as to the goods comprised therein, be the clearance and authority for the departure of the ship; and the shipper of any British goods and such goods as were previously chargeable with duty at value laden in such ship shall, under a penalty of twenty pounds, deliver to the broker, agent, or other person clearing such ship, a duplicate of the bill of lading thereof at the time of signing thereof, with an indorsement thereon of the quantity and value of such goods, and such broker, agent, or other person as aforesaid, shall, within fourteen days after such final clearance of the ship, sign and deliver to the collector or comptroller of customs a full and accurate list of all such goods, with the quantities and value thereof, from the bills of lading so delivered to him, with such bill or bills of lading annexed thereto, and on failure thereof, such broker, agent, or other [Page 177] person as aforesaid, shall forfeit the sum-of twenty pounds, and for this purpose the duplicate bill of lading so required shall not be liable to any stamp duty.
CXLIII. [689] If any goods liable to duty on importation, or taken from the warehouse to be exported or entitled to drawback on exportation, which are enumerated in the contents of any ship, shall not be duly shipped before the departure of such *ship, or shall not be duly certified by the proper officer as short-shipped, such goods shall be forfeited; or if any such goods shall be taken on board such ship, not being enumerated in such content, the master of such ship shall forfeit the sum of five pounds in respect of every package of such goods; and if any goods duly shipped on board such ship shall be landed at any other place than that for which they shall have been cleared, unless otherwise accounted for to the satisfaction of the commissioners of customs, the master of such ship shall forfeit a sum equal to treble the value of the goods so landed.
CXLIV. If any goods shall be shipped, put off, or water-borne to be shipped, without being duly cleared, or otherwise contrary to the provisions of this act, the same shall be liable to forfeiture.
CXLV. [690] Before any ship shall depart in ballast from the United Kingdom for parts beyond the seas, not having any goods on board except stores from the warehouse borne upon the victualing bill of such ship, nor any goods reported inwards for exportation in such ship, the collector or comptroller shall clear such ship in ballast by notifying such clearance and the date thereof on the victualing bill, and deliver the same to the master of such ship as the clearance thereof, and the master of such ship shall answer to the collector or comptroller such questions touching *her departure and destination as shall be demanded of him; and ships having only passengers with their baggage on board, and ships laden only with chalk or slate, shall be deemed to be in ballast; and if any such ship, whether laden or in ballast, shall depart without being so cleared, if she have any such stores on board, the master shall forfeit and pay the sum of one hundred pounds.
As to the boarding of ships after clearance outwards:
CXLVI. Any officers of customs may go on board any ship after clearance outward within the limits of any port in the United Kingdom, or within four leagues of the coast thereof, and may demand the ship’s clearance; and if there be any goods on board in respect of which certificates are required, not contained in such certificates, or any stores not indorsed on the victualing bill, such goods or stores shall be forfeited; and if any goods contained in such certificates be not on board, the master shall forfeit the sum of twenty pounds for every package or parcel of goods contained in such certificates, and not on board.
CXLVII. [691] If any officer of customs shall place any lock, mark, or seal upon any goods taken from the warehouse without payment of duty as stores on board any ship or vessel de*parting from any port in the United Kingdom, and such lock, mark, or seal be willfully opened, altered, or broken, or if any such stores be secretly conveyed away, either while such ship or vessel remains at her first port of departure, or at any other port or place in the United Kingdom, or on her passage from one such port or place to another, before the final departure of such ship or vessel on her foreign voyage, the master shall forfeit the sum of twenty pounds.
CXLVIII. If any ship departing from any port in the United Kingdom shall not bring to at such stations as shall be appointed by the commissioners of customs for the landing of officers from such ships, or for [Page 178] further examination previous to such departure, the master of such ship shall forfeit the sum of twenty pounds.
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CLXV. [692] The master of every ship bound from any British possessions abroad, except the territories subject to the government of the presidencies of Bengal, Madras, and Bombay, shall deliver to the proper officer of customs an entry outward under his hand of such ship, and also subscribe and deliver to such officer a content of the cargo of such ship, if any, or state that she is in ballast, as the case may be, and answer such questions concerning the ship, cargo, if any, and voyage, as shall be demand*ed of him in the same manner, as nearly as may be, as is prescribed to be observed on the entry and departure of any ship from the United Kingdom, and thereupon the proper officer shall give to the master a certificate of the clearance of such ship for her intended voyage; and if the ship shall depart without such clearance, or if the master shall deliver a false content, or shall not truly answer the questions demanded of him, he shall forfeit the sum of fifty pounds.