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APPENDIX

that consular officer may inquire into the case upon oath, and may, Chapter I if the case so requires, take any steps in his power for the purpose of placing the offender under the necessary restraint and of sending him as soon as practicable in safe custody to the United Kingdom, or to any British possession in which there is a court capable of taking cognizance of the offence, in any ship belonging to Her Majesty or any of Her subjects, to be there proceeded against according to law.

(2) The consular officer may order the master of any ship belonging to any subject of Her Majesty bound to the United Kingdom or to such British possession as aforesaid to receive and afford a passage and subsistence during the voyage to any such offender as aforesaid, and to the witnesses, so that the master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of that tonnage; and the consular officer shall endorse upon the agreement of the ship such particulars with respect to any offenders or witnesses sent in her as the Board of Trade require.

(3) Any master of a ship to whose charge an offender has been so committed shall, on his ship's arrival in the United Kingdom or in such British possession as aforesaid, give the offender into the custody of some police officer or constable, and that officer or constable shall take the offender before a justice of the peace or other magistrate by law empowered to deal with the matter, and the justice or magistrate shall deal with the matter as in cases of offences committed upon the high seas.

(4) If any master of a ship, when required by any British consular officer to receive and afford a passage and subsistence to any offender or witness, does not receive him and afford a passage and subsistence to him, or does not deliver any offender committed to his charge into the custody of some police officer or constable as hereinbefore directed, he shall for each offence be liable to a fine not exceeding fifty pounds.

(5) The expense of imprisoning any such offender and of conveying him and the witnesses to the United Kingdom or to such British possession as aforesaid in any manner other than in the ship to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid out of moneys provided by Parliament.

Chapter I

APPENDIX

APPENDIX B.

CUSTOMS LAWS CONSOLIDATION ACT, 1876.
39 & 40 Vict. c. 36.

Any vessel

or boat
arriving

within the
United

Islands, or
within three

leagues

thereof,

having

179. If any ship or boat shall be found or discovered to have been within any port, bay, harbour, river, or creek of the United Kingdom or the Channel Islands, or within three leagues of the coast thereof if belonging wholly or Kingdom or in part to British subjects, or having half the persons on the Channel board subjects of Her Majesty, or within one league if not British, having false bulkheads, false bows, double sides or bottom, or any secret or disguised place adapted for concealing goods, or any hole, tube, pipe, or device adapted for running goods, or having on board or in any manner prohibited attached thereto, or having had on board or in any manner goods on attached thereto, or conveying or having conveyed in any board or attached manner any spirits, tobacco, or snuff, in packages of any thereto, for- size and character in which they are prohibted to be feited. imported into the United Kingdom or the Channel Islands, or any spirits or tobacco or snuff imported contrary to the Customs Acts, or any tobacco stalks, tobacco stalk Prohibited flour, or snuff work, or which shall be found or discovered goods shipped or to have been within three leagues of any part of the coast water-borne of the United Kingdom from which any part of the lading with intent of such ship or boat shall be or have been thrown overboard, or on board which any goods shall be or have been staved or destroyed to prevent seizure, every such ship or boat, together with any such spirits, tobacco, or snuff, tobacco stalks, tobacco stalk flour, or snuff work, and all packages, casks, or other vessels containing the same, and everything packed therein, and also any cordage, or other articles adapted and prepared for slinging or sinking small casks, or any casks or other vessels whatsoever of less size or content than twenty gallons of the description used for the smuggling of spirits found on board, shall be forfeited; found or and every person who shall be found or discovered to have discovered been on board any ship or boat liable to forfeiture as to have been aforesaid, within three leagues of the coast if a British vessels with subject, or within one league if a foreigner, or on board any contraband vessel in Her Majesty's service, or on board any foreign goods may post office packet employed in carrying mails between any foreign country and the United Kingdom having on

to be ex

ported, &c.

Persons

on board

be detained.

APPENDIX

board any spirits or tobacco in such packages as aforesaid, or any Chapter I tobacco stalks, tobacco stalk flour, or snuff work, shall forfeit a sum not exceeding one hundred pounds; and every such person may be detained and taken before any justice, to be dealt with as hereinafter directed; provided that no person shall be detained whilst actually on board any vessel in the service of a foreign state or country.

[Customs Consolidation Act, 1876, Amendment Act, 1887.

50 Vict. Sess. 2, c. 7.

Customs

Amendment 1. The words following shall be added to the said sec-
of s. 179 of tion, and shall be taken and read as part of the same, viz. :—
"And provided also, that no person shall be liable to con-
Consolida-
tion Act,
viction under this section unless there shall be reasonable
1876. cause to believe that such person was concerned in, or
privy to, the illegal act or thing proved to have been committed."

Customs Consolidation Act, 1876, Amendment Act, 1890. 53 & 54 Vict. c. 56.

No ship to be liable to

forfeiture unless under two hun. dred and fifty tons burden.

Provisions

as to ship of
or exceed
ing two
hundred
and fifty
tons burden.

1.--No ship or boat shall be liable to forfeiture under the said section for having or having had on board, or in any manner attached thereto, or conveying or having conveyed, any goods as therein specified, or for any unlading, throwing overboard, or destruction of goods, unless such ship or boat shall be under two hundred and fifty tons burden.

2. With regard to any ship or boat of or exceeding two hundred and fifty tons burden which but for this Act would be liable to forfeiture as aforesaid, the following provisions shall apply:

(a) It shall be lawful for the Commissioners of Customs, hereinafter called "the Commissioners," subject to appeal to the Lords Commissioners of the Treasury, to have power to fine any such ship or boat in any sum not exceeding fifty pounds in any case where in their opinion a responsible officer (as hereinafter defined) of such ship or boat is implicated either actually or by neglect:

(b) For the purpose of enforcing such fine the Commissioners shall have power to require the deposit in the hands of the Collector of Customs at the port where such ship or boat shall be of such sum, not exceeding fifty pounds, as they may think right, pending their

Chapter I ultimate decision, and in default of payment of such deposit the Commissioners shall have power to detain the said ship or boat:

APPENDIX

(c) If in any case the Commissioners shall consider that the fine of fifty pounds aforesaid will not be an adequate penalty against any such ship or boat for the offence committed thereon, it shall be lawful for them to take proceedings before the justices of the peace for condemnation of the said ship or boat in a sum not exceeding five hundred pounds at the discretion of such justices, or such proceedings may be taken by the Commissioners before the courts and in manner prescribed by the Customs Consolidation Act, 1876, and the Acts amending the same. And for this purpose the Commissioners may as to any ship or boat referred to in this section require the deposit in the hands of the collector as aforesaid of a sum not exceeding five hundred pounds to abide the decision of the court, and in default of payment of such deposit the Commissioners may detain such ship or boat: (d) No claim shall be made against the Commissioners for damages in respect of the payment of any deposit or the detention of any ship or boat under this section.

Definitions. 3. The expression "responsible officer" in this Act shall mean and include the master, mates, and engineers of any ship, and in the case of a ship carrying a passenger certificate the purser or chief steward, and where the ship is manned by Asiatic seamen the serang or other leading Asiatic officer. The expression "neglect " in this Act shall include cases where goods unowned by any of the crew are discovered in a place or places in which they could not reasonably have been put if the responsible officer or officers having supervision of such place or places had exercised proper care at the time of the loading of the ship or subsequently; and the expression "burden" in this Act shall mean the same as it does in the Customs Consolidation Act, 1876, that is to say, "registered tonnage."

vision as to

Saving of
4. For the purpose of the forfeiture under the said one
existing pro- hundred and seventy-ninth section of goods, packages,
goods and casks, and the like, and the detaining and dealing with
persons on persons found or discovered to have been on board any
board. ship or boat liable to forfeiture by the said section (as
amended by the Customs Consolidation Act, 1876, Amendment Act,
1887), ships or boats of or exceeding two hundred and fifty tons
burden shall still be deemed, but for such purpose only, to be ships
or boats liable to forfeiture by the said section.]

Ships be-
180. If any ship or boat belonging wholly or in part to
longing to Her Majesty's subjects, or having one half of the persons

APPENDIX

Her Maon board subjects of Her Majesty, shall not bring to upon Chapter I jesty's subsignal made by any vessel or boat in Her Majesty's service jects, &c., throwing or in the service of the Revenue, by hoisting the proper overboard pendant and ensign, whereupon chase shall be given, and any goods any person on board such ship or boat shall, during chase during or before such ship or boat shall bring to, throw overboard chase, forfeited; and any part of her lading, or shall stave or destroy any part thereof to prevent seizure, such ship or boat shall be forfeited; and all persons escaping from any such ship or boat during chase shall be deemed subjects of Her Majesty, unless the contrary be proved.

persons

escaping

deemed

British sub

jects.
Ships not
bringing
to when re-
quired to,
penalty, 20%.

181. If any ship or boat liable to seizure or examination under the Customs Act shall not bring to when required so to do, the master of such ship or boat shall forfeit the sum of twenty pounds; and on such ship or boat being chased by any vessel or boat in Her Majesty's navy, having the proper pendant and ensign of Her Majesty's ships hoisted, or by any vessel or boat duly employed for the prevention of smuggling, having a proper pendant and ensign hoisted, it shall be lawful for the captain, master, or other person having the charge or command of such vessel or boat in Her Majesty's navy, or employed Not bring as aforesaid (first causing a gun to be fired as a signal), to ing to, may fire at or into the ship or boat, and such captain, master, be fired into. or other person acting in his aid or by his direction shall be and is hereby indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing.

As to boarding and departure of ships after clearance.

Officer may

ance.

134. Any officer of Customs may go on board any board ship ship after clearance outwards within the limits of any port after clear- in the United Kingdom, or within one league of the coast thereof, and may demand the ship's clearance, and if the master shall refuse to produce the same and answer such questions concerning the ship, cargo, and intended voyage as may be demanded of him, he shall forfeit the sum of five pounds.

Only offi- 200. If any person not being an officer of the navy, cers to take Customs, or Excise shall intermeddle with or take up any up spirits in spirits being in casks of less content than twenty gallons or floating found floating upon or sunk in the sea, such spirits shall be forfeited, together with any vessel or boat in which they

casks sunk

upon the

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