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CUSTOMS CONSOLIDATION ACT 1853
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CHAPTER CVII.
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An Act to amend and consolidate the Laws relating to the Customs of the United Kingdom and of the Isle of Man, and certain Laws relating to Trade and Navigation and the British Possessions.[1]
[20th August 1853.]
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[Preamble.]
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[Ss. 1–40 rep. 39 & 40 Vict. c. 36. s. 288.]
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II. Importation and warehousing.
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As to the importation, or prohibition, entry, examination, landing, and warehousing of goods:
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[Ss. 41–113 rep. 39 & 40 Vict. c. 36. s. 288.]
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Cards imported not to be sold without a wrapper provided by the Commissioners of Inland Revenue.
Penalty on persons selling cards not enclosed in proper wrappers; and forfeiture of cards, &c.
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114. No pack or parcel of playing cards imported into any part of the United Kingdom shall be sold or exposed or kept for Sale without being separately enclosed in a wrapper provided by the Commissioners of Inland Revenue, with such device thereon as they shall direct, and securely fastened round or over the same by means of some adhesive substance, and so and in such manner that such wrapper cannot be opened without being destroyed; and if any person shall sell, or offer or expose or keep for sale, any pack or parcel of playing cards, not being a pack of cards [2
within the meaning of an Act passed in the present session, chapter fifty-nine], and enclosed in a wrapper of a licensed maker of playing cards approved by the said commissioners, . . . without the same being enclosed in a wrapper provided by the last-mentioned commissioners in pursuance of this Act, and fastened as herein-before in that behalf mentioned he shall for every such pack or parcel of cards forfeit, if he shall not be a licensed maker of playing cards, the sum of ten pounds, and, if he shall be such licensed maker, the sum of twenty pounds, whether such cards shall have been made in the United Kingdom or imported; which penalty . . . may be recovered, either in her Majesty's Superior Courts or before any justice of the peace, in like manner as any penalty under any Act relating to stamp duties; and all snch cards so offered, exposed, or kept for sale may be seized and taken by any officer of Customs or Inland Revenue, and shall be disposed of as the Commissioners of Inland Revenue shall direct; and in any proceedings for the recovery of any such penalty by this Act imposed it shall be sufficient to allege that the person charged with the offence did sell, or offer or expose or keep for sale, as the case may be, a pack or any number of packs of playing cards, without the same being enclosed in a wrapper required by law, and it shall not be necessary further or otherwise to charge or describe the offence.
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Commissioners of Inland Revenue to provide wrappers for enclosing imported cards, &c.
Forfeiture of cards not enclosed in wrappers.
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115. The Commissioners of Inland Revenue shall provide wrappers for enclosing cards imported into the United Kingdom, in such form and with such device and with any words and figures thereon as they shall think proper, and shall appoint an officer, at any port or place where the same shall be required, to enclose in such wrappers any cards imported; and every such officer, on reasonable notice and upon delivery to him of a certificate, under the hand of the proper officer of Customs at the port where any cards shall be imported, that the duties by law charged on such cards imported have been duly paid, and specifying such particulars as the Commissioners of Inland Revenue shall direct, shall enclose every pack of such cards in one of such wrappers, and securely fasten the same by means of some adhesive substance, in such manner as the said last-mentioned commissioners shall direct; and no such cards shall be delivered out of the custody of the officers of Customs until they shall be enclosed in such wrappers as aforesaid; and if any such cards, or any cards made in the United Kingdom and purporting to be or intended to be represented as cards imported, or which shall not be . . . packs of cards in respect of which the stamp duties shall have been paid, shall be found in any part of the United Kingdom not enclosed in any such wrapper as aforesaid, all such cards shall be forfeited, and may be seized and taken by any officer of Customs or Inland Revenue, and shall be disposed of as the Commissioners of Inland Revenue shall direct.
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Counterfeiting, &c. of wrappers.
X. Reciprocity.
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116. If any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, or shall aid or assist in the forging or counterfeiting of any wrapper provided by the Commissioners of Inland Revenue in pursuance of this Act, or any wrapper of a licensed maker of playing cards, or any wrapper purporting to be the wrapper of any such licensed maker made for enclosing playing cards, or shall knowingly and wilfully utter, or, without lawful excuse, the proof whereof shall lie upon him, be possessed of any such forged or counterfeit wrapper, he shall be guilty of felony, and shall be liable to the same punishment as any person guilty of forging or counterfeiting any stamp or mark provided, made, or used by the Commissioners of Inland Revenue.
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[Ss. 117–323 rep. 39 & 40 Vict. c. 36. s. 288; but as to ss. 165, 166, 181–183, 185, 187, 188 except so far as those sections relate to those of her Majesty's possessions abroad, in which other provisions have not been substituted by local Act or Ordinance with the sanction of her Majesty. Ss. 195–197 are applied by 23 & 24 Vict. c. 115. s. 1. Ss. 313–323 are applied by 31 & 32 Vict. c. 45. s. 10.]
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As to reciprocity in commerce between British and foreign countries:
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Her Majesty, by Order in Council, may impose restrictions on ships of a foreign country in certain cases;
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324. If it shall be made to appear to her Majesty that British vessels are subject in any foreign country to any prohibitions or restrictions as to the voyages in which they may engage, or as to the articles which they may import into or export from such country, it shall be lawful for her Majesty (if she think fit), by Order in Council, to impose such prohibitions or restrictions upon the ships of such foreign country, either as to the voyages in which they may engage or as to the articles which they may import into or export from any part of the United Kingdom or of any British possession in any part of the world, as her Majesty may think fit, so as to place the ships of such country on as nearly as possible the same footing in British ports as that on which British ships are placed in the ports of such country.
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and may impose additional duties of tonnage on such ships, and on goods imported or exported therein.
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325. If it shall be made to appear to her Majesty that British ships are either directly or indirectly subject in any foreign country to any duties or charges of any sort or kind whatsoever from which the national vessels of such country are exempt, or that any duties are imposed upon articles imported or exported in British ships which are not equally imposed upon the like articles imported or exported in national vessels, or that any preference whatsoever is shown either directly or indirectly to national vessels over British vessels, or to articles imported or exported in national vessels over the like articles imported or exported in British vessels, or that British trade and navigation is not placed by such country upon as advantageous a footing as the trade and navigation of the most favoured nation, then and in any such case it shall be lawful for her Majesty (if she think fit), by Order in Council, to impose such duty or duties of tonnage upon the ships of such nation entering into or departing from the ports of the United Kingdom, or of any British possession in any part of the world, or such duty or duties on all goods or on any specified classes of goods, imported or exported in the ships of such nation, as may appear to her Majesty justly to countervail the disadvantages to which British trade or navigation is so subjected as aforesaid.
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Order in Council may specify to what ships it applies.
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326. And in every such order her Majesty may, if she so think fit, specify what ships are to be considered as ships of the country or countries to which such order applies; and all ships answering the description contained in such order shall be considered to be ships of such country or countries for the purposes of such order.
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Regulations by Orde: in Council, as to the trade to and from certain British possessions, &c.
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327. Her Majesty, by and with the advice of her Privy Council, by any Order or Orders in Council to be issued from time to time, may give such directions and make such regulations touching the trade and commerce to and from any British possessions on or near the continent of Europe, or within the Mediterranean Sea, or in Africa, or within the limits of the East India Company's charter (excepting the possessions of the said Company), as to her Majesty in Council shall appear most expedient and salutary, any thing in this Act to the contrary notwithstanding; and if any goods shall be imported or exported in any manner contrary to any such Order of her Majesty in Council, the same shall be forfeited, together with the ship importing and exporting the same.
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[S. 328 rep. 39 & 40 Vict. c. 36. s. 288.]
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Regulations as to the coasting trade of India.
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329. And with regard to the coasting trade of India, it shall be lawful for the Governor General of India in Council to make any regulations authorizing or permitting the conveyance of goods or passengers from one part of the possessions of the East India Company to another part thereof in other than British ships, subject to such restrictions or regulations as he may think necessary; and such regulations shall be of equal force and effect with any laws and regulations which the said Governor General in Council is now or may hereafter be authorized to make, and shall be subject to disallowance and repeal in like manner as any other laws or regulations made by the said Governor General in Council, under the laws from time to time in force for the government of the British territories in India, and shall be transmitted to England, and be laid before both Houses of Parliament, in the same manner as any other laws or regulations which the Governor General in Council is now or may hereafter be empowered to make.
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Publication of Orders in Council.
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330. Every such Order in Council as aforesaid shall, within fourteen days after the issuing thereof, be twice published in the London Gazette; and a copy thereof shall be laid before both Houses of Parliament within six weeks after the issuing the same, if Parliament be then sitting, and if not, within six weeks after the commencement of the then next session of Parliament.
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Orders in Council may be revoked.
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331. It shall be lawful for her Majesty from time to time to evoke any Order or Orders in Council made under the authority of this Act.
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As to the acquisition and disposal of lands, &c. for the service of the Customs:
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Lands (except copyhold lands) to be vested in secretary of Customs.
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332. All lands which have heretofore been or which shall hereafter be purchased or taken for the use of her Majesty's Customs, together with the rights, members, easements, and appurtenances to the same respectively belonging, except such lands as may be of copyhold tenure, shall be and continue vested in the secretary for the time being to the Commissioners of Customs and his respective successors in such service, according to the respective nature and quality of the said lands, and the several estates and interests in the same respectively, in trust for her Majesty, for the use and service of her Majesty's Customs; and upon the death of any secretary, collector of Customs, or other officer or person in whom any lands or interest therein were vested as a trustee for the Crown, all the estate and interest therein of such deceased trustee shall vest in the secretary for the time being, and be held and dealt with by him upon the same trusts and for the same purposes as if he had been the trustee originally appointed; and whenever any act or deed shall be required to be done by, or the attendance, assent, or concurrence of the heir-at-law or legal representative of such deceased trustee shall become necessary in order to the conveyance, assignment, surrender, or other disposition of any such lands, under the direction of the Commissioners of Customs, the secretary of Customs for the time being shall be deemed to be the heir-at-law of such deceased trustee for such purpose.
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Secretary, under authority of commissioners, may sell, &c. lands vested in him, and also copyhold lands, &c.
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333. The secretary of Customs may, under the direction of the Commissioners of Customs, (testified by writing under their hands and seals,) sell, exchange, or in any manner dispose of, as well any of the freehold avid leasehold lands which shall be so vested in him, as also any of the copyhold lands which shall have been surrendered to and vested in any person or persons, and his, her, or their heirs and assigns, in trust for her said Majesty or any of her predecessors, his, her, or their heirs or successors, for the use and service of her Majesty's Customs, or any part thereof, in such manner, for such considerations, and to such persons, as the Commissioners of Customs may think fit, and may purchase other lands, for the like purposes, and afterwards sell the same, and for that purpose may execute all such conveyances, assignments, and agreements as may be necessary for effectually conveying and assigning the same.
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[S. 334 rep. 39 & 40 Vict. c. 36 s. 288.]
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Treasury may authorize persons to survey lands for watch-houses, &c.,
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335. The Treasury may, from time to time, by any writing, authorize any person to survey and make out any lands, not exceeding one half acre at any one station, which may be wanted for the purpose of erecting watch-houses, dwelling houses, and other buildings requisite for the security and protection of the revenues of Customs and Excise, with all necessary ways unto and from the same, such lands being situated within half a mile of the seashore or of the tideway of any navigable river, and may authorize any person by warrant to treat and agree with the owner or owners of or any person or persons interested in any such lands as aforesaid for such estate or interest therein, or for the absolute purchase thereof, or for the possession thereof) or such term of years as the public service may require.
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Incorporation of 8 & 9 Vict. c. 18. s. 7, and 8 & 9 Vict. c. 19. s. 7. in case of parties under disability, &c.
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336. When parties being seised, possessed of, or entitled to any such lands, or any estate or interest therein, labour under any disability to sell, release, convey, or assign the same, or to contract for the grant of any lease of such lands, either for any term of years or for such periods as the public service shall require, the seventh section of the Lands Clauses Consolidation Act, 1845 (England), and the seventh section of the Lands Clauses Consolidation Act, 1845 (Scotland), shall apply to the cases of the parties so disabled or incapacitated, in whatever part of the United Kingdom the said lands may be situate; and the said sections are hereby respectively made a part of and incorporated with this Act, and shall be applicable to parties so seised or untitled as aforesaid in any part of the United Kingdom; and or the purpose of this Act the expression “the promoters of the undertaking,” wherever used in the said clauses of the Lands clauses Acts, shall mean the person authorized as aforesaid by the Treasury.
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In case bodies or persons cannot be found or refuse to treat, &c. justices may issue warrant for putting officers of Customs in possession.
Warrant may be issued for summoning of jury, &c.
Saving as to gardens, pleasure grounds, &c.
Mode of proceeding by jury, &c.
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337. In case any bodies or other persons authorized by the causes of the Acts lastly herein-before mentioned to sell or premise lands so marked out as aforesaid shall for the space of fourteen days (next after notice in writing, subscribed by such person authorized as aforesaid shall have been given to the principal officer or officers of any such body, or to such other arsons hereby authorized to contract on behalf of others or interested themselves as aforesaid, or left at his or their usual ace of abode, if any such can after diligent inquiry be found, id in case any such parties shall be absent from the United kingdom, or cannot be found after diligent inquiry, left with e occupier of such land, or, if there be no such occupier, shall affixed upon some conspicuous part of such lands,) refuse to eat or agree, or by reason of absence shall be prevented from eating or agreeing with such person authorized as aforesaid, or all refuse to accept such annual rent or sum as shall be offered r the hire thereof, either for a time certain or for such period the public service may require, then and in such case, or in se of disagreement between such bodies or persons so authorized sell, release, grant, or demise, and the person so authorized as aforesaid by the Treasury, and in case also it shall not be practicable to procure by voluntary bargain or sale any other id situate and required as aforesaid, then and in such case it all be lawful for two or more justices to put the officers of customs in possession of such lands, and for that purpose to due a warrant under their hands and seals requiring possession be delivered to such of said officers as shall be named there in: d such person so authorized as aforesaid may issue his warrant the sheriff or sheriffs of the county, riding, stewartry, city, or place wherein such lands shall be situate, to summon a jury and every such sheriff, upon receipt of such warrant, shall, if the manner required by law, summon a jury of twenty-four common jurymen to meet at a convenient time and place to be appointed by him for that purpose, such time not being less than fourteen nor more than twenty-one days after the receipt o such warrant, and such place not being more than twenty mile distant from the lands in question, unless by consent of the parties interested; and he shall forthwith give notice to the Commissioners of Customs of the time and place so appointed by him: Provided always, that nothing herein shall be construed to extend to any garden or pleasure ground, or to any land immediately contiguous to and used as the curtilage or home stead of any dwelling house.
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As to the mode of proceeding on the inquiry by the jury or juries so summoned as aforesaid:
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Incorporation of 8 & 9 Vict. c. 18. ss. 40 to 68, as to lands in England or Ireland.
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338. Where the lands the subject of inquiry shall be situate either in England or Ireland, the Lands Clauses Consolidation Act, 1845, from section forty to section sixty-eight inclusively shall be incorporated with this Act; and for the purpose of this Act the expression “the promoters of the undertaking,” wherever used in the said Lands Clauses Consolidation Act, shall mean the person authorized as aforesaid by the Commissioners of the Treasury.
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Incorporation of 8 & 9 Vict. c. 19. ss. 38 to 68, as to lands in Scotland.
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339. Where the lands the subject of inquiry shall be situate in Scotland, the Lands Clauses Consolidation Act, 1845 (Scotland) from thirty-eight to sixty-eight inclusively, shall be incorporated with this Act; and for the purpose of this Act the expression “the promoters of this undertaking,” wherever used in the Land Clauses Consolidation Act, Scotland, shall mean the person so authorized as aforesaid by the Treasury.
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Jury to ascertain and apportion compensation.
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340. The jury impannelled as aforesaid shall ascertain the compensation to be paid for any such lands, and the proportion to be paid out of such compensation to any lessees or tenants a will, or otherwise, of such lands; and the proportion so to be paid shall be returned on the verdict.
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Upon delivering up to the owners lands taken for a limited period, all erections for the public service to be removed.
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341. In all cases where lands shall be taken under the provisions of this Act for a term of years or for such period a the public service shall require, the Treasury, or any other person so authorized as aforesaid, at any time before the possession of lands shall be delivered up to the owner thereof, or other person acting on his behalf, shall remove all such buildings c other erections which may have been erected thereon for the public service, and carry away the materials thereof, making such compensation to the owner or owners of such lands, or other person or persons acting on his behalf, for the damage which may have been done thereto or to the soil thereof by the erection of any such buildings, or removing and carrying away the same, or otherwise, as the Treasury or other person authorize as aforesaid shall think reasonable; and if such owner or owners or other person acting on his behalf, shall not be willing to accept the compensation so offered, the Treasury or other person so authorized as aforesaid may require two justices of the peace of the county, riding, stewartry, city, or place, to ascertain the compensation which ought to be made for such damage; and such justices shall ascertain the same, and grant a certificate thereof; and the amount of such compensation so ascertained and certified shall forthwith be paid by warrant of the Treasury to the person entitled thereto: Provided, that nothing herein shall be construed to extend to alter, prejudice, or affect any agreement which has or shall be entered into by any such person authorized as aforesaid with any owner of such lands, or other person acting on his behalf, in relation to such buildings or erections.
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As to the application of purchase monies., &c., for lands purchased or taken from parties under disability, &c.:
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S. 342 (as to deposit of purchase money of lands belonging to persons under disability) rep. 39 & 40 Vict. c. 36 s. 288; see now s. 276 of that Act.]
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Application of monies deposited.
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343. Upon the application by petition of any party making claim to the money so deposited, or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any part of such lands, or any interest in the same, the Barons of the Court of Exchequer at Westminster, Edinburgh, or Dublin may in a summary way, as to them shall seem fit, order such money to be invested in the public funds, or may order distribution thereof, or payment of the dividends thereof, according to the respective interests of the parties making claim to such monies or lands or any part thereof, and may make such other order in the premises as the Court shall deem fit.
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Vesting and payment over of stocks, securities, and monies, on death or removal of officer of the Courts of Exchequer.
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344. Upon the death, removal, or resignation of any such officer of the said Courts of Exchequer, all stocks and securities vested in him by virtue of this Act shall vest in the succeeding officer of the Exchequer for the purposes herein-before mentioned, without any assignment or transfer; and all monies paid said to the banks respectively in pursuance of this Act, or remaining in the hands of any such officer at his death, resignation, or removal, and not vested in the funds or placed out on securities as aforesaid, shall be paid over to the succeeding officer for the like purpose for the time being.
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And as to the costs of conveyances or leases of lands under this Act:
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Incorporation of 8 & 9 Vict. c.18.ss. 81–83, 8 & 9 vict. c.19.ss. 80–82.
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345. Sections eighty-one, eighty-two, and eighty-three of the lands Clauses Consolidation Act, 1845, shall be and are hereby incorporated with this Act, so far as the same shall relate to the conveyance or demise of lands in England and Ireland; and sections eighty, eighty-one, and eighty-two of the Lands Clauses Consolidation Act (Scotland), shall be and are hereby incorporated with this Act, so far as the same shall relate to the conveyance or demise of lands in Scotland: the expression of “the promoters of the undertaking” wherever used in the said Acts respectively, to mean the persons so authorized as aforesaid by the Treasury.
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[Ss. 346–360, and Sched. rep. 39 & 49 Vict. c. 36. s. 288. S. 360 gave the short title noted above.]
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[1 Short title, “The Customs Consolidation Act, 1853.” See s. 360.]
[2 The words in brackets are rep. 38 & 39 Vict. c. 66. (S.L.R.) A reference to 25 & 26 Vict. c. 22. s. 28 is substituted by 39 & 40 Vict. c. 36. s. 286.] |
