Customs Consolidation Act, 1876

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Commencement of Act.

290. This Act shall come into operation on the day of the passing of this Act, and in citing it in other Acts of Parliaments and in legal instruments shall be sufficient to use the expression the Customs Consolidation Act, 1876.

SCHEDULES

Schedule (A.)

[Sched. (A.) rep. 57 & 58 Vict. c. 56 (S.L.R.)]

SCHEDULE (B.) referred to in the foregoing Act.

Schedule (B.)

Report.

Cargo.

Stores

Surplus stores remaining on board, viz.:—{

Number of alien passengers (if any) -____________________

Pilot's names - - - - -____________________

At what station ship lying - - -____________________

Agent's name and address - - -____________________

I declare that the above is a just report of my ship and of her lading, and that the particulars therein inserted are true to the best of my knowledge, and that I have not broken bulk or delivered any goods out of my said ship since her departure from

the last foreign place of loading (except, if so, at , stating where). (Signed)

Master.

Signed and declared this day of 18.

In presence of

Collector.

Form No. 2 Sects. 55, 57.

Entry for Home Use.

Whether Prime or Post, and if Post date of Prime Entry_________

Port of Importation______________

Dock or Station____________Merchant in whose name the goods are entered -}_________

Importer's Name___________

Total amount of duty payable on this entry - £

Dated this day of 18

(Signed)_____________

_______________Importer or his Agent.

Form No. 3.

Sect, 57.

Entry for Warehousing.

Port_______________________

Dock or Station_________________

Importer's Name__________

I enter the above goods to be warehoused at_____________

Dated this day of 18.

(Signed)____________

Importer or his Agent.

Form No. 4. Sect. 58.

Entry by Bill of Sight.

Port_______________

Dock or Station________________

Importer's Name__________________

I, the importer (or agent to the importer) of the goods above mentioned, do hereby. declare (if importer) that I have not, or (if agent) that, to the best of my knowledge, he has not received sufficient invoice, bill of lading, or other advice from whence the quality, quantity, or value of the goods above mentioned can be ascertained.

Dated this day of 18.

(Signed)________________

Importer or his Agent.

(Signed)__________________

Collector or proper Officer of Customs.

Form No. 5.

Sect. 64.

Entry for Free Goods.

Port ____________________________________

Dock or Station ____________________________________

Importer's Name ____________________________________

I enter the above goods as free of duty, and declare the above particulars to be true.

Dated this day of 18.

(Signed)_________________

_______________ Importer or his Agent.

Form No. 6.

Sect. 101.

Entry Outwards

Port of___________________________________________

Lying at __________________Dock or Station.

(Signed)________________

Master or Agent.

Date of Entry.

If ship shall have commenced her lading at any other port (name of such port).}

________________

Form No. 7.

Sect. 105.

Shipping Bill.

For Drawback Goods.

I claim drawback on{Here state the quantity and description in words at length of any goods in respect of which drawback is claimed.

(Signed)______________

adding “exporter” or “agent,” as the case may be. Station of Clearance.

(Countersigned)_______________

Searcher.

Dated this day of 18

Form No. 8. Sect. 110.

Specification for Foreign Goods free of duty or on which all duties have been paid.

I declare that the particulars set forth above are correctly stated.

(Signed)_______________

adding “exporter” or “agent,” as the case may be.

Address________________

Dated

18.

(Countersigned)________________

_______________Searcher.

Form No. 9. Sect 110

Specification for British and Irish Goods only.

I declare that the particulars set forth above are correctly stated.

(Signed)_________________

adding “exporter” or “agent,” as the case may be.

Address__________________

Dated

18.

(Countersigned)____________

Searcher or proper Officer.

_____________________________________

Form No. 10. Sect 128.

Content

Port of________________________________

Warehoused, Transhipment, Drawback, and Restricted Goods.

Cleared Examined

(Signed)_____________

Dated____________

Searcher.

I do declare that the above content is a true account of all goods above described, shipped, and intended to be shipped on board the above-named ship, and correct in all particulars.

Signed and declared this

day of (Signed)_______________

before me,} Master.

(Signed)

____________ Collector, or proper officer of Customs.

Form No. 11. Sect. 145.

Transire.

Port of_________________________________

(Signed)__________________

Master.

Cleared the day of 18.

(Signed)_________________

Collector, or other proper Officer.

SCHEDULE (C.) referred to in the foregoing Act.

Sect. 223.

Form of Information.

to wit.} Be it remembered, that A.B., an officer of Customs, under the

direction of the Commissioners of Customs, informs me, , one of Her Majesty's justices of the peace in and for the of :

Count I.

That C.D., to wit, on the day of 18, did import, or bring, or unship, or deliver, or carry, or remove, or harbour, or deal with, or was concerned in importing, or unshipping, or delivering, or carrying, or removing, or harbouring, or dealing with to evade the payment of the duties due thereon, or to evade the prohibition, or restriction relating to the importation and delivery of certain uncustomed, or prohibited, or restricted goods, to wit [describe them).

Count II.

That C.D., to wit, on the day of 18, was found, or discovered to have been, on board a ship, or boat, within three leagues of the United Kingdom, or the Channel Islands.

Count III.

That C.D., to wit, on the day of 18, was found, or discovered to have been, on board a ship, or boat, within a port, or bay, or harbour, or river, or creek of the United Kingdom, or “the Channel Islands” [as the case may be].

Count IV.

That C.D., to wit, on the day of 18 was found, or discovered to have been, on board a ship, or boat, part of the cargo of which was thrown overboard, or staved, or destroyed, to prevent seizure.

Count V.

That C.D., to wit, on the day of 18, was found on board, or discovered to have been on board, the ship

being one of Her Majesty's ships, or in Her Majesty's employment, or service, or the ship being a foreign post office packet employed in carrying mails between a foreign country and the United Kingdom [as the case may be].

Count VI.

That C.D. did, to wit, on the day of 18, make and subscribe a false declaration, or document, purporting to be [here state the nature of the document generally], the same being false and untrue.

Count VII.

That C.D. did, to wit, on the day of 18, counterfeit, or falsify, or wilfully use when counterfeited or falsified [as the case may be], a certain document purporting to be [here state the nature of the document generally.]

Count VIII.

That C.D. did, to wit, on the day of 18, alter a certain document, or instrument, after the same had been officially issued, to wit, [here state the nature of the document generally].

Count IX.

That C.D. did, to wit, on the day of 18, counterfeit the seal, or signature, or initials, or mark, of or used by, an officer of Customs for [here state the purport].

Count X.

That C.D. was, to wit, on the day of 18, driving, or conducting a cart, or waggon, or conveyance, and refused to stop, or to allow the examination thereof, when required in the Queen's name.

Count XI

That C.D., on the day of 18, did obstruct, being a person employed for the prevention of smuggling and in the execution of his duty, or was concerned in the rescue of, or in the endeavour to rescue, or in the destruction of, or in the endeavour to destroy, seized goods, or in the rescue of, or endeavour to rescue a person, to wit, one E.F., who had then been apprehended for an offence punishable by fine or imprisonment under the Customs Acts, or prevented, or endeavoured to prevent, the apprehension of one E.F., who had been, to wit, on the day of 18, guilty of an offence punishable by fine or imprisonment under the Customs Acts.

Count XII.

That C.D., to wit, on the day of 18, denied the possession of certain foreign goods, to wit [here mention generally the goods], which were afterwards found to be, or to have been [as the case may be], in his possession.

Count XIII.

That C.D., a person required by the Customs Acts to answer questions put to him by an officer of the Customs, to wit, on the day of 18, did untruly answer, or did refuse to answer, a certain question put to him by an officer of Customs.

Count XIV.

That C.D., being summoned as a witness, did neglect, or refused, to appear, or and having appeared in obedience to such summons, did refuse to take oath, or affirm, or give evidence, or answer,

contrary to section [here insert in figures the section creating the offence] of the Customs Consolidation Act, 1876, whereby the said C.D. has forfeited the sum of , being treble the value of the goods, or the penalty of one hundred pounds [as the case may be], for which the Commissioners of Customs have elected to sue, or the sum of pounds, or a sum not exceeding one hundred pounds, or a sum not exceeding pounds, or has become liable to be imprisoned [here insert the ‘penalty, or period of imprisonment, imposed by the section under which the offence is charged].

For goods only.

That certain goods, to wit [here mention generally the goods or things], were seized on the day of 18, for being dealt with contrary to section [here insert the section in figures] of the Customs Consolidation Act, 1876, whereby the said goods have become liable to forfeiture, and that C.D., of, has claimed the same.

Exhibited to and before me,

the day of,

in the year of our Lord}________________

Form of Summons on Information.

To [C.D. to wit.} Whereas an information has been exhibited by [A.B.] an officer of Customs, under the direction of the Commissioners of Customs, before me, one of Her Majesty's justices of the peace for the of, in the following form [here copy the information].

This is therefore to require you personally to appear before me, or such other justice or justices of the peace as may be present, at, in the of, on the day of next ensuing, at the hour of o’clock in the forenoon of said day, to answer the said information.

Given under my hand and seal at, in the of, this day of in the year of our Lord.

Form of Summons on Information for Condemnation of Seizures.

To of in the of to wit.} An information having been preferred by [A.B.] an officer of Customs, under the direction of the Commissioners of Customs, before me, one of Her Majesty's justices of the peace for the of, for the condemnation of [here state the goods] seized on the day of in the year of our Lord, for being dealt with contrary. so section of the Customs Consolidation Act, 1876, and claimed by you.

This is to require you to appear before me, or such other justice or justices of the peace as may be present at, in the of, on the day of next ensuing, at the hour of o’clock in the forenoon of said day, to show cause why the said goods should not be condemned as forfeited.

Given under my hand and seal at, in the of, this day of in the year of our Lord.

Form of Summons for Witnesses.

To to wit.} You are hereby required personally to be and appear on the

day of next ensuing, at the hour of o’clock in the forenoon, at in the of before me, or such other of Her Majesty's justices of the peace for the said of as may be then and there present, to give evidence and testify the truth, according to your knowledge, concerning the facts alleged in a certain information exhibited against C.D. under the Customs Consolidation Act, 1876, and herein fail not, under the penalty therein provided.

Given under my hand and seal at in the of, this day of in the year of our Lord.

Form of Conviction.

to wit.} Be it remembered, that on this day of in the year of our Lord at in the of C.D. is convicted before me [or us, as the case may be,] of Her Majesty's justices of the peace for the of, for that he the said C.D., within three years now last past, [here state the offence as in the information,] and [where the party has been convicted of an offence punishable by pecuniary penalty and imprisonment in default of payment,] I, or we, adjudge the said C.D. for his said offence to forfeit and pay the sum of, which [if such be the case] I, or we, mitigate to the sum of; and if the said sum of be not forthwith paid, I, or we, adjudge the said C.D. to be imprisoned in Her Majesty's gaol at in the of until the same be paid, [or where it shall have been so adjudicated add, instead of the words “until “the same be paid,” for the period of months,] unless he shall sooner pay the said sum of or [where the party has been convicted of an offence punishable by imprisonment with hard labour,] I, or we, adjudge the said C.D. for his said offence [and where the party has been previously convicted insert here, “he having been previously convicted,”] to be imprisoned in Her Majesty's house of correction at in the of, and there kept to hard labour for the period

of months.

Given under hand and seal at, in the of, this day of in the year of our Lord

Form of Commitment for Nonpayment of a Pecuniary Penalty.

to wit.} To [A.B.] an officer of Customs, and to the gaoler or keeper of the gaol at in the of [C.D.] having been this day convicted before me [or us, as the case may be,] of Her Majesty's justices of the peace in and for the of upon the information of [A.B.] an officer of Customs, under the direction of the Commissioners of Customs, of having, with three years now last past, [here state the offence generally, and the date thereof,] I [or we, as the case may be,] did adjudge that the said [C.D.] had forfeited for his said offence the sum of, [adding, if mitigated,] which I [or we, as the case may be,] mitigated to the sum of which has not been paid.

This is to command you forthwith to convey the said [C.D.] to the gaol at in the of, and to deliver him into the custody of the gaoler or keeper of the said gaol.

And I [or we] the said justice or justices [as the case may be] do hereby authorise and require you, the said gaoler or keeper of the said gaol, to receive the said [C.D.] into your custody, and him safely to keep in your said gaol until he shall duly pay the said sum of or be discharged according to law [or, if it be so adjudicated, insert, instead of what follows the word “gaol,” for the period of months, unless he shall sooner pay the said sum of].

Given under hand and seal, at in the of, this day of in the year of our Lord

Form of Commitment to Hard Labour.

to wit.} To [A.B.] an officer of Customs, and to the gaoler or keeper of the house of correction at

in the of

________________________________________________

C.D. having been this day duly convicted before me [or us, as the case may be,] of Her Majesty's justices of the peace for the of, upon the information of [A.B.] an officer of Customs, under the direction of the Commissioners of Customs, of having, within three years now last past, [here state the offence generally and date thereof,] I [or we, as the case may be,] did adjudge that the said [C.D.] should for his said offence [if previously convicted say, “he having been previously “convicted,”] be imprisoned in the house of correction at in the said of, and be there kept to hard labour for the period of months.

This is to command you forthwith to convey the said [C.D.] to the house of correction at in the of, and to deliver him into the custody of the gaoler or keeper of the said house of correction, and I [or we] the said justice or justices [as the case may be] do hereby authorise and require you, the said gaoler or keeper of the said house of correction, to receive and take the said [C.D.] into your custody, and him safely to keep to hard labour in your said house of correction for the period of months.

Given under hand and seal, at in the of, this day of in the year of our Lord.

Form of Condemnation of Seized Goods.

to wit.} Be it remembered, that an information having been exhibited by [A.B.] an officer of Customs, under the direction of the Commissioners of Customs, before me, one of Her Majesty's justices of the peace for the said of, for the condemnation of [here state the goods], for being dealt with contrary to section of the Customs Consolidation Act, 1876, whereby the same became liable to forfeiture, and which said goods having been claimed by [C.D.] of, who was duly summoned to show cause why the same should not be condemned as forfeited, and the forfeiture thereof having been duly proved before me [or us, as the case may be,] I [or we, as the case may be,] do adjudge the same to be forfeited, and do condemn the same accordingly.

Given under hand and seal, at in the of, this day of in the year of our Lord.

Sect. 246.

Table of Fees.