233. Persons on board any ship or boat, or who may have landed from them,

may be searched,

234. Persons before search may require to be taken before a Justice or officer of Customs.

235. Penalty on persons denying having uncustomed or dutiable goods about

them.

236. Warrant to search for and seize uncustomed goods. 237. Goods stopped or taken by Police officer.

238. Illegally importing. Carrying goods into warehouse without authority. Removing from warehouse. Harbouring. Carrying, removing, concealing. Evasion of duty. Penalty treble value or not exceeding £100. 239. How value to be ascertained.

240. Justice may order persons offending to be detained a reasonable time. 241. Any person liable to be detained making his escape may afterwards be arrested by any officer of Customs.

242. Officers of Customs may, upon probable cause, stop carts, &c., and search for goods.

243. Power to call for aid.

244. Punishment for persons assembling to the number of Two or more to run goods, or persons obstructing officers or securing or detaining goods to prevent seizure. Rescuing goods.

245. Two or more armed persons assisting in the illegal landing of goods, or in rescuing goods seized, to be deemed guilty of felony.

216. Persons assaulting officer, or by force or violence obstructing, may be

imprisoned.

247. Officers wounded to be provided for, &c.

248. Taking away seized goods without authority to be felony.

249. How ships and goods may be disposed of.

250. Ships and goods liable to forfeiture may be seized by any officer.

Rewards and Penalties.

251. None but officers to take up spirits in casks sunk or floating on the sea.

252. Persons signalling smuggling vessels.

253. Proof of a signal not being intended.

254. Persons may prevent signals.

255. Shooting at boats belonging to Navy or Customs, felony.

256. Penalty for damaging boats, buoys, &c.

257. Officers may haul their vessels on shore.

258. Officers may patrol coasts.

259. Reward to person detaining.

260. Rewards generally.

261. Rewards for seizures.

262. Application of penalties.

263. Minister may distribute shares of seizure so as to reward persons entitled.

PART XVII-LEGAL PROceedings.

264. Penalties and forfeitures, how to be sued for.

265. Informations, convictions, &c. to be in form, &c., in Schedule (19.).

266. Justices may condemn goods liable to forfeiture.

267. Justices may commit in certain cases without an order from the Minister. 268. Penalties and costs to be stated in convictions, &c.

269. Justices may issue warrant and admit to bail.

270. Penalties, joint and several, may be sued for by joint and several information. 271. Where verdict passes for the Crown execution to issue in Fourteen days. 272. Officer of Customs may prosecute, &c.

273. Evidence of condemnation or forfeiture.

274. Any person committed in default of payment of a penalty less than £100 to be discharged by gaoler in Six months if not duly released.

275. Justices may imprison in default of payment of penalty, and if party previously convicted, may sentence to hard labour.

276. Justices may mitigate penalties in certain cases to one-fourth. 277. Offences may be dealt with under 19 Vict. No. 8. Appeal.

278. Certiorari.

279. Notice to be given by seizing officer to owner of goods or ships seized, and seizures to be claimed within one month. Perishable goods, &c. may be sold.

280. No claim or appearance to be entered to any information for the forfeiture of seized goods unless in the name of the owner thereof, and on oath made to the property.

281. If goods owned by more than Five co-proprietors, Two may make oath. 282. If goods owned by a company, body corporate, or co-partners, oath may be

made by public officer or agent.

283. If suit brought on account of seizure, Judge may certify probable cause in

bar.

284. One month's notice of action to officer before process.

285. No evidence to be adduced but that contained in notice.

286. Officer may tender amends.

287. Officer neglecting to tender amends, may pay into Court.

288. Action to be commenced within Three calendar months next after cause of action has arisen.

289. Judge may issue warrant for apprehending offenders prosecuted by information.

290. When recognizance is given, and the party shall not plead, a copy of the information may be delivered to his attorney or agent.

291. Service of subpoena.

292. Proof of payment of duties or of the lawful importation of goods to be on the defendant.

293. The Attorney-General may enter a nolle prosequi.

294. Limitation of time for bringing suits.

295. Proceedings against officers of Customs to be taken under this Act.

296. Averment in smuggling cases.

297. What shall be evidence of order of Governor or Minister.

298. Virâ voce evidence may be given that a party is an officer.

299. Persons detained and escaping, fresh information.

300. Collusive seizure, forfeit £500.

301. Persons offering bribes, penalty £200.

302. Governor may restore seizure, and mitigate or limit punishments and

penalties.

PART XIX.-MISCELLANEOUS.

311. Owner or agent may report in lieu of master.

312. Sales to be by public auction.

313. Rules to have force of law.

314. Penalty on wilful evasion of or disobedience to rales made in pursuance of

this Act.

315. Prohibition of work on Sunday.

316. Landing cargo during repairs.

317. Goods said to be "ran forfeited.

318. Duties may be recovered as a debt to the Crown.

319. Certain casing or covering subject to duty.

320. When contracts have been entered into amount of increased or decreased duty to be added or deducted.

321. Regulations. Overtime rates. Rules on inquiries, Part V. Arbitrations. Customs Agents. Stamped Entry Forms. Drawbacks. Bonds, Tea without analysis. Passengers' baggage. Soizures. Royalties, &c. Fees, & Generally.

Minor articles for manufactures.

Publication. Proof.

322. Orders, &c. issued by the Minister.

Forms.

323. Forms to be supplied by person using the same.

SCHEDULE.

AN ACT to consolidate and amend the Law A.D. 1897. relating to Customs. [24 December, 1897.]

BE it enacted by His Excellency the Governor of Tasmania, by and

with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1 This Act may be cited for all purposes as "The Customs Act, Short title and 1897," and shall come into force and take effect on and after the First operation of Act. day of January, One thousand eight hundred and ninety-eight.

2 This Act shall be divided into Nineteen Parts, as follows:-

Division of Act.

PAGE

72

74

76

77

78

79

113

117

119

122

122

122

...

123

124

124

125

134

144

146

A.D. 1897.

Customs.

Acts repealed.

All regulations, appointments, &c., to remain in force.

Interpretation.

PART I.

PRELIMINARY.

3-(1.) The Acts set forth in the Schedule (1.) are hereby repealed as from the commencement of this Act.

(2.) Such repeal shall not affect

1. Any proclamation, order, rule, regulation, appointment, arrangement, or adjustment made, or any summons, writ, warrant, or other written instrument issued, or any notice, certificate, or bond given, or any security taken, or any commission, or licence, or permit granted, or any arrear of duty or drawback or other moneys due or payable or anything lawfully done before the commencement of this Act under any Act repealed by this Act; nor

II. Any fine, forfeiture, or other punishment incurred, or to be incurred, in respect of any offence committed or to be committed against any Act so repealed; nor

III. The institution or continuance of any proceeding or other remedy, whether under any Act so repealed or otherwise, for enforcing any such fine, forfeiture, or punishment as aforesaid.

(3.) Every proclamation, order, rule, regulation, appointment, summons, writ, warrant, and other written instrument, notice, certificate, bond, security, commission, licence, or permit, in force at the commencement of this Act under any Act repealed by this Act, shall remain in force until altered, revoked, rescinded, or exhausted, or until others shall be made, issued, given, taken, or granted in lieu thereof, and until so altered, revoked, rescinded, or exhausted, shall be deemed to have made, issued, or entered into under the authority of this Act.

(4.) All ports, sub-ports, and the respective limits thereof, all warehousing ports, boarding stations, landing-places, legal quays, wharfs, sufferance wharfs, mooring and discharge places, and warehouses appointed, set out, existing, or approved as such under any Act repealed by this Act, shall continue until the appointment or approval thereof shall be annulled, varied, or altered, and until so annulled, varied, or altered, shall be deemed to have been appointed or approved under the authority of this Act.

4 For the purpose of this Act and any regulations made and in any forms used under the authority of this Act, and in construing the same, the several terms and expressions following (when not inconsistent with the context or subject-matter) shall have the several meanings, and include the several matters and things hereinafter prescribed and assigned to them (that is to say) :

Her Majesty shall mean Her Majesty the Queen, Her Heirs and Successors:

"Analytical Chemist' shall mean the Government analytical chemist or any other analytical chemist who may be appointed by the Governor to make examination of tea for the purposes of this Act:

"Articles," or "Goods" shall mean all kinds of goods, wares, merchandise, and other articles, and shall include live animals:

66

Attorney-General" shall include Solicitor-General or other
Law Officer of the Crown:

"British Possession" shall include Colony, Island, Territory,
or Settlement belonging to Her Majesty: