ALIEN ACT, continued.

certificate, shall, upon conviction thereof before two justices, either forfeit any sum not exceeding 507., or be imprisoned for any time not exceeding six months, at the discretion of such justices. § 14.

Prosecution of

All offences against this Act to be prosecuted within six calendar months after the offence committed, Ofences. except that of not making or delivering a declaration of departure, which shall be prosecuted within six calendar months after the offender's return to this realm; in default of payment of any pecuniary penalty, the offender may be committed to the common gaol for any time not exceeding six months, unless the penalty shall be sooner paid. Offences to be prosecuted before two or more justices of the peace of the place where the offence shall be committed, who shall forthwith report to one of his Majesty's Principal Secretaries of State, or to the Chief Secretary for Ireland, as the case may require, the conviction of every offender under this Act, and the punishment to which he is adjudged; and no writ of certiorari, or of advocation, or suspension, shall be allowed to remove the proceedings of any justices touching the cases aforesaid, or to supersede or suspend execution or other proceedings thereupon.-§ 15.

Not to affect

ters or their servants.

Nor Aliens

Nothing herein contained to affect any foreign ambassador, or other public minister duly authorized, nor any domestic servant of any such ambassador or Foreign Minis- minister, registered as such according to law, or being actually attendant upon such ambassador or minister; nor any alien who shall have continually resided within this realm for seven years next before the passing of this Act*, and who shall have obtained a certificate thereof from the Alien Office; nor any alien in respect of any act done or omitted to be done, who shall be under the age of fourteen years at the time when such act was so done or omitted to be done and if any question shall arise, whether any person alleged to be an alien, is an alien or not, the proof that such person is a natural-born subject of His Majesty, or a denizen of this kingdom, or a naturalized subject, or that such person, if an alien, is not subject to the provisions of this Act, shall lie on the person so alleged to be an alien, and to be subject to the provisions of this Act.-§ 16.

who have been resident seven years, nor Aliens under fourteen years.

* This Act passed the 26th May, 1826.

19

ENTRY OF GOODS INWARDS.

Exception, and
Penalty.

Ir shall not be lawful for any person to act as an agent for transacting business at the Custom-house in the port Persons enterof London, which shall relate to the entry or ing or clearing clearance of any ship, or of any goods, or of any Ships, &c. as Agents, to be baggage, unless authorized so to do by license of licensed, and the Commissioners of his Majesty's Customs, give bond. who are hereby empowered to require bond to be given by every person to whom such license shall be granted, with one sufficient surety, in the sum of 1000l., for the faithful and incorrupt conduct of such person, and of his clerks acting for him. But such bond shall not be required of any person who shall be one of the sworn brokers of the city of London; and if any person shall act as such agent not being so licensed, or if any person shall be in partnership in such agency with any person not so licensed, such person shall in either case for every such offence forfeit the sum of 1007.-3 and 4 Wm. IV. c. 52. § 144. Nothing herein contained shall extend to prevent the clerk or servant of any person, or of any persons in copartnership from transacting any business at the Custom-house on account of such person or persons, without such license; provided such clerk or servant shall not transact any such business as clerk, servant, or agent to any other person.-§ 146.

Not to extend to Clerks or Servants of individuals.

Agent may ap

point Clerks to

act for him

only.

It shall be lawful for any such agent or agents in co-partnership, to appoint any person without license to be his or their clerk in transacting such agency. But no person shall be admitted to be such clerk to more than one agent or co-partnership of agents, nor until his name and residence, and the date of his appointment, shall have been endorsed on the license of every such agent, and signed by him, and witnessed by the signature of the Collector and Controller of the Customs, unless such person shall have been appointed with consent of the Commissioners of his Majesty's Customs before the commencement of this Act.-§ 147.

Treasury may

It shall be lawful for the said Commissioners of his Majesty's Treasury, by their warrant, to be published in the London or Dublin Gazette, to extend the regulations hereinbefore made relating to agents in the port of London, to agents at any other port in Great Britain, or at any port in Ireland.—§ 148.

extend regulations to other Ports.

ENTRY OF GOODS INWARDS, continued.

Authority of an Agent may be required.

Whenever any person shall make any application to any officer of the Customs to transact any business on behalf of any other person, it shall be lawful for such officer to require of the person so applying, to produce a written authority from the person on whose behalf such application shall be made; and in default of the production of such authority, to refuse to transact such business.-$130.

Unauthorized

Persons not to be permitted to make entries.

Any person or persons who shall make, or cause to be made, at any Custom-house in the United Kingdom, entry inwards of any goods, not being duly authorized thereto by the proprietor or consignee of such goods, shall for every such offence forfeit the sum of 1007.; but no such penalty shall extend to any person or persons acting under the directions of the several dock companies or other corporate bodies authorized by law to pass entries. § 19.

Entry to be made within fourteen days after arrival.

The importer of any goods must, within fourteen days after the arrival of the ship with the same, make perfect entry* inwards of such goods, or entry by bill of sight, at the Custom-House, in manner hereinafter described, and within such time land the same; and in default of such entry and landing, the officers of the Customs may convey such goods to the King's warehouse, for security of duties; and if the duties due thereon shall not be paid within three months after the time aforesaid shall have expired, together with all charges of removal and warehouse-rent, the same shall be sold, and the produce thereof applied to the payment of freight and charges, next of duties, and the overplus, if any, paid to the proprietor of the goods.-§ 17. Where the cargoes of vessels are not discharged within the period abovenamed, the merchant will be either charged with the day-pay of the tidewaiters boarded upon such vessels beyond the period of fourteen days, or the goods will be conveyed to the King's warehouse, or some other warehouse hired for the purpose, and the parties charged with the rent and other expenses incurred.-Min. Com. Cus., 1st July, 1831.

Persons entering goods inwards (whether for payment of

Where any article shall be entered under a wrong denomination, and the difference of duty shall not exceed £5, the officers may allow the entry to be amended on proof that no fraud was intended, and upon the payment of a deposit of £2, to abide the Board's decision, Min, Com. Cus., 6th August, 1829.

Particulars of

Entry for Duty or to be ware.

housed.

master, and

ENTRY OF GOODS INWARDS, continued. duty or to be warehoused, or whether such goods shall be free of duty), must deliver to the Collector or Comptroller of the Customs a bill of entry or warrant of such goods, fairly written in words at length, stating the name of the ship, place from whence brought, and the description and situation of the warehouse, if to be warehoused, and the name of the person entering the goods, and the quantity and description of the goods, the number and description of the respective packages; and in the margin the marks and numbers of such packages*; and, at the same time, two or more duplicates of such warrant, as the case may require, in which all sums and numbers may be expressed in figures; and the several particnlars shall be written and arranged in such form and manner, and the number of such duplicates shall be such, as the Collector and Comptroller shall require.—3 & 4 Wm. IV. c. 52. $18.

Number, Measure, and Weight, to be stated.

And if the goods shall be charged (in the table of "Duties on Foreign Goods Imported") to pay duty according to the number+, measure, or weight thereof, such number, measure, or weight must be stated in the entry; if according to the value, such value must likewise be stated in the entry, and affirmed by the declaration of the importer or his known agent, written upon the warrant of entry, and attested by his signature in form and manner following.

Goods at Value.

Form of Declaration of Value.

I, A. B., of [Place of Abode] do hereby declare, that I am [the importer, or authorized by the importer] of the goods contained in this entry, and that I enter the same [stating which, if part only] at the sum of

Witness my hand, the

day of

A. B.

The Warrant must also correspond in every respect with the Report, and the Manifest (where any is required), and with the Certificate, where any is required, by which the importation or entry of the goods is authorized; and by the description of such goods in the table of "Duties:"-and any goods, whether taken out of the ship, or from the warehouse, by virtue of any entry or warrant, not agreeing in all respects as aforesaid, shall be forfeited. And any goods taken or delivered out of any ship, or out of any warehouse, or for the delivery of which, or for any order for the delivery of which, from any warehouse, demand shall have been made, not having been duly entered, shall also be forfeited.-3 & 4 Wm. IV. c. 52, § 20.

In all cases where the merchant is unable to specify the exact number or quantity of taleable goods contained in the packages, he is at liberty to pass a warehousing entry for such goods without specifying the quantity or number, in the same manner as is now practised with respect to all other descriptions of goods. Min. Com. Cus., 12th November, 1834.

ENTRY OF GOODS INWARDS, continued.

And if the goods in such entry be chargeable at the option of the officers of Customs, either according to the number, measure, or weight thereof, or according to the value thereof, then, as well such numbers, measure, or weight, as also such value, shall be in like manner stated in the entry*, and attested; and if any person make such declaration, not being the importer or proprietor of such goods, nor his agent duly authorized by him, such person shall forfeit 100%.—§ 21.

Valuation of cer

Goods.

The value of goods imported by the East India Company, shall be ascertained by the gross price at which tain East India the same shall have been sold by auction, at the public sales of the said Company. And the said Company shall fairly and openly expose to sale, and cause to be sold, all such goods so charged to pay duty according to the value thereof, by way of public auction in the city of London, within three years from the importation thereof, and shall give due notice, at the Custom-house in London, to the officers appointed to attend such sales, of the time and place thereof. § 23.

East India Company may enter by bill of sight, making perfect entry within three months.

The East India Company may, without making the proof hereinafter required, enter by bill of sight, to be landed and secured as the Commissioners of Customs shall require, any goods imported by them, and also any goods imported by any other person from places within the limits of their charter, with the consent of such person, upon condition to cause perfect entry to be made within three months from the date of importation, either to warehouse the same, or to pay the duties thereon, as follows; that is to say, if such goods be charged to pay duty according to the value, then to pay such duty within four months from the sale of the goods; and if charged to pay duty according to the number, measure, or weight thereof, then to pay one moiety of such duties within six calendar months from the time of the importation of such goods, and the other moiety within twelve calendar months from such time; and such goods shall be secured in such places, and in such manner, as the Commissioners of Customs shall require, until the same shall be duly entered, and the duties thereon shall have been paid, or until the same shall have been duly exported.-It shall also be lawful for any other

Where any article shall be entered under a wrong denomination, and the difference of duty shall not exceed £5, the officers may allow the entry to be amended on proof that no fraud was intended, and upon the payment of a deposit of £2, to abide the Board's decision, Min. Com. Cus., 6th August, 1829.