Appointment of ports, &c. The Governor may appoint ports and quays, and alter or annul the same. As to the Appointment of Ports, Warehouses, Sufferance Wharves, and Landing Stations. 14. The Governor in Council may from time to time appoint ports and sub-ports within the jurisdiction, and declare the limits of such ports and sub-ports, and appoint proper places within the same to be legal quays for the lading and unlading of goods, and declare the bounds and extent of any such quays, or annul the limits of any port, sub-port, or legal quay already appointed, or to be hereafter set out and appointed, and declare the same to be no longer a port, sub-port, or legal quay, or alter or vary the names, Existing ports bounds, and limits thereof; and all ports and sub-ports and the respective limits thereof, and all legal quays appointed, set out, and existing as such at the commencement of this Ordinance shall continue to be such ports, sub-ports, and quays until annulled, varied, or altered; and any port, sub-port, or quay, or the limits thereof now annulled or altered, shall continue so annulled or altered until otherwise varied or altered as aforesaid. (10 of 1876, s. 15.) to continue. The Governor may appoint stations and sufferance wharves, and regulate dis charge of cargo. The Governor may appoint ports. 15. The Governor in Council may from time to time appoint stations or places for ships arriving at or departing from any port or sub-port 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 the Governor in Council shall see fit, and may also direct at what particular part or parts of any roadstead, harbour, dock, quay or other place in any port or sub-port, ships laden with any particular cargo shall moor and discharge such cargo, and the Collector of Customs or other chief officer of Customs of any port or sub-port may station officers on board any ship while within the colonial waters. (10 of 1876, s. 16.) 16. The Governor in Council may from time to time appoint warehousing any port or sub-port to be a warehousing port or sub-port for the purposes of this Ordinance, and such port or sub-port shall thereafter have and possess all the rights and privileges of a warehousing port or sub-port until the appointment thereof be annulled by the Governor in Council, and all appointments of warehousing ports and sub-ports existing at the commencement of this Ordinance shall continue in force until so annulled. (10 of 1876, s. 17.) Appointment 17. Subject to the directions of the Governor, the Collector of of warehouses Customs may from time to time approve and appoint warehouses and regulaat any warehousing port or sub-port for the warehousing and tions for securing of goods without payment of duty upon the first entry thereof, and all goods to be stored in such warehouses shall be stored in such manner as the Collector of Customs or other chief officer of the Customs shall direct; and the warehouses shall be them. locked and secured in such manner, and shall be opened and visited at such times only and in the presence of such officers, and under such rules and regulations as the Collector of Customs shall direct, and all such goods, after being landed on importation, shall be carried to the warehouse, or shall, after being taken out of the warehouse for exportation, be carried or water-borne to be shipped under such rules and regulations as the Collector of Customs shall direct. (10 of 1876, s. 18.) 18. The rates of rent set forth in the Third Schedule hereto shall Rent to be be charged per week for all Goods stored in the Government charged per week as per Warehouses. Every portion of a week during which any such Schedule 3. Goods shall remain in a Government Warehouse shall be charged as a whole week: provided always that the first seven days of warehousing shall in all cases be rent free. (6 of 1893, s. 2.) 19. It shall be lawful for the Collector of Customs, or Officer in Mode of charge of any Government Warehouse, to detain the goods of any enforcing person or persons who omit, neglect, or refuse to pay any money payment of due for Rent under this Ordinance, until the same shall have been duly paid. Provided always that if any amount due for Rent be not paid within the period of one month, or within such further period as the Collector of Customs may direct, of the goods being deposited in a Government Warehouse, such goods may be sold and the money produced by such sale applied first to the payment of freight, charges, duties, and warehouse rent, and the surplus, if any, shall be paid to the owner of the goods on his application in writing for the same: but if such goods shall be of a perishable nature the Collector of Customs may forthwith direct the sale thereof and apply the proceeds in like manner. Provided further that if no application in writing be received by the Collector from the owner or his agent within twelve months of the date of any such sale, such owner shall forfeit all claim to any such surplus, and the same shall be paid into the Treasury and form part of the general Revenue of the Colony. (6 of 1893, s. 3.) 20. It shall be lawful for the Governor at any time and from Rules. time to time, by any order made with the consent of the Legislative Council to make, and when made, alter, suspend, or revoke any Rules: (1.) For imposing further Rents upon goods stored in Government Warehouses or increasing, reducing, or abolishing such rents, and generally for adding to, altering, or amending the said Schedule; (2.) To regulate the use and management of Government Ware houses; and by any such Rules to attach a penalty not exceeding forty shillings to any breach thereof. Every such Rule, and the alteration, suspension, or repeal thereof shall come into operation upon being proclaimed, and shall there Warehouse general security. upon be binding upon all persons concerned, subject to disallowance by Her Majesty. (6 of 1893, s. 4.) 21. The proprietor or occupier of every warehouse (except warekeeper to give houses of special security in respect of which it shall be lawful for the Governor to dispense with security by bond), or some one on his behalf, shall give or procure to be given, security by bond with one or more sufficient securities, or such other security as the Collector of Customs, subject to the directions of the Governor, may approve for the payment of the full duties of importation on, or for the due exportation of all such goods as shall at any time be warehoused therein; and no goods shall be warehoused in any such warehouse (except as aforesaid) after the passing of this Ordinance until such security shall have been given. (10 of 1876, s. 20.) Occupiers of warehouses to receive all goods on requisition of Chief Customs officer, if accommodation. Existing Importer's 22. The proprietor or occupier of every warehouse shall, on the requisition of the Collector of Customs at the port where such warehouse is situated, receive all goods to whomsoever belonging which may be offered for warehousing, so far as the extent of the building will admit; and every warehouse shall be approved, subject to the condition herein mentioned, and such proprietor or occupier shall be entitled to receive from the owners of any goods deposited or secured in such warehouse the like amounts for rent in respect of such goods as would have been payable in respect of the same if deposited or secured in the Queen's warehouse in the same Settlement, and the Collector of Customs shall, on the request of such proprietor or occupier, detain the goods of any person who may omit or refuse to pay any money due for such rent. (10 of 1876, s. 21.) 23. All existing appointments and approvals of warehouses for appointments, the warehousing of goods in respect of which security shall have approvals, and bonds to been given by the proprietor or occupier thereof as aforesaid, shall continue in continue in force as if the same had been made under the authority force. of this Ordinance, unless and until the same shall be revoked as hereinafter provided: and no bonds shall, after the commencement of this Ordinance, be required to be given by the importer of any goods on the warehousing thereof, but all existing bonds given in respect of any goods warehoused, or entered to be warehoused in any warehouse prior to the commencement of this Ordinance, shall continue in force as if given under this Ordinance. (10 of 1876, s. 22.) bond dis Wrecked or stranded goods may be deposited in temporary warehouses. 24. Whenever any goods liable to duty are wrecked or stranded, and are brought to any port or sub-port other than a warehousing port or sub-port, it shall be lawful for the chief officer of the Customs at such port or sub-port to permit the goods so wrecked or stranded to be landed and stored in any suitable building to be by him approved; and all buildings so approved and used as temporary warehouses, and all goods stored and secured therein, shall be subject to such rules and regulations as may from time to time be made by the Collector of Customs, subject to the directions of the Governor; and the provisions of this Ordinance requiring security for the payment of the full duties of importation or for the due exportation of goods warehoused at a warehousing port or sub-port, shall equally apply to the said wrecked or stranded goods; and any wrecked or stranded goods shall be subject to all Subject to the regulations prescribed by this Ordinance so far as the same are regulations applicable for the landing, warehousing, and shipment of goods, and also to all charges of revenue to which warehoused goods are now or may hereafter be liable under the authority of any Ordinance, unless specially exempted therefrom. and charges of revenue. may be carried authorized persons. 25. The Governor in Council may order and direct in what Governor may ports or places goods cleared for drawback or from the warehouse order in what shall be carried or water-borne to be put on board any ship for ports goods exportation, or goods carried or water-borne from any importing or watership to, or to be landed at any wharf, quay, or other place, shall borne only by be so carried or water-borne only by persons authorized for that purpose by licence; and may revoke any such orders or directions, or make others in lieu thereof, when and as the Governor in Council may deem expedient, and such licences may be granted in such form and manner by such officers, and subject to such conditions as to security for the faithful and incorrupt conduct of the persons licensed and otherwise as the Governor in Council may think fit. As to the Collection and Management of Duties of Customs, Collection of duties, &c. 26. All duties of Customs or other duties, and all other revenue Revenue to of the Colony now imposed and allowed or which may hereafter be be under imposed or allowed by law, shall be under the management of the of the management Governor, and shall be ascertained, raised, levied, collected, paid, Governor. recovered, allowed, and applied or appropriated under the provisions of the Ordinances and Laws for the time being in force relating thereto, and all duties and drawbacks imposed and allowed according to any specified quantity or any specified value shall be deemed to apply in the same proportion to any greater or less quantity or value. 27.* It shall be lawful for the Governor, by and with the Power of advice and consent of the Legislative Council, from time to time making rules and regulawhenever necessary, to make all needful rules and regulations for tions. the collection and protection of the revenue and the better carrying into effect the provisions of this Ordinance, and to annex and appoint a penalty which may extend to fifty pounds in respect of the breach of any such rule or regulation, and the forfeiture of any goods by or in respect of which such breach may have been * Drawback Rules, made 2nd July, 1889. When new duties of Customs are imposed in lieu of former ones, such former duties to continue until the new duties become chargeable. Duties due before the passing of this Ordinance to be levied, &c. as if payable by this Ordinance. Goods in warehouse when entered for home consumption to be chargeable with existing duties on like sort of goods. Agent to produce authority if required. committed or have taken place, and also as occasion may require to alter, amend, or revoke all or any of such rules or regulations; and all such rules and regulations, penalties and forfeitures and alterations, amendments and revocations thereof shall, when published in the "Gazette," have the same force and effect for all purposes as if the same had been made by Ordinance, and shall in like manner come into immediate operation, or on such day as shall be provided in such rules, subject to disallowance by Her Majesty. 28. In all cases where any new duties of Customs or other duties are or may be imposed by any Ordinance or Ordinances in lieu of any former duties payable at the time of the passing of such Ordinance or Ordinances, such former duties shall be and continue payable until such new duties imposed in lieu thereof shall become chargeable, save and except where the Ordinance or Ordinances imposing such new duties shall otherwise provide; and all moneys arising from any duties of Customs or any arrears thereof on account of any goods whatever imported into or exported from any place within the limits of the jurisdiction under any former Ordinance, although computed under such former Ordinance, and whether secured by bond or otherwise shall be levied and appropriated in the same manner as if the same had been made payable by this Ordinance or any other Ordinance in force for the time being; and all drawbacks or allowances payable under any former Ordinance shall be paid or allowed under this or such other Ordinance as may be in force for the time being. 29. All goods whatsoever which now are or may hereafter be deposited in any warehouse or place of security under any Ordinance passed or to be passed for the warehousing of goods without payment of duty upon the first importation thereof, or which may be imported and be on board of any ship shall, upon being entered for home consumption, be subject to such and the like duties as may at the time of passing such entry be due and payable on the like sort of goods under any Ordinance or Ordinances passed for imposing any duty or duties of Customs which shall or may be in force at the time of passing such entry, save and except in cases where special provisions shall be made in any such Ordinance or Ordinances to the contrary. 30. Whenever any person shall make application to any officer of the Customs to transact any business on behalf of any other person, such officer may 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 refuse to transact such business: Provided that nothing herein contained shall be construed to render documentary evidence necessary for establishing in any legal proceeding the character of agency in cases where by law such evidence would not otherwise be necessary. |