42 Geo. 8. c. 118.

entries of their cargoes at the custom house, and other proper revenue offices, shall have been fully made, and the warrants of such, entries delivered to the proper officers of the dock company, or the unentered part of such cargoes shall be seized as aforesaid, and not according to the times of the respective arrivals of such vessels in the docks; and the said company are authorized to unload such vessels in such succession, with all convenient despatch, after the cargoes thereof shall have been duly entered, or the unentered part thereof shall be seized.

Master, &c. Rule 17. The master of every vessel which shall unload in any of the said docks, to be on board basons, or cuts, or, in case of his death, disability, or incapacity, the next chief or at time of un- senior officer then actually serving on board such vessel, shall, during all the time loading, 18. employed in unloading such vessel, actually remain on board, and superintend and

Goods to be

assist in such unloading; and every master, or, in case of his death, disability, or incapacity, the next chief or senior officer as aforesaid, who shall neglect or refuse to superintend and assist in so unloading of the same, shall, for every such offence, forfeit any sum not exceeding 50l. nor less than 207.

Rule 18. Such goods, being West India produce, as shall be brought into the said docks, and shall be chargeable with duties according to the weight or measure thereof, shall be weighed or gauged as the case shall require, as soon as may be after the same shall be landed or unshipped, and before any samples for sale shall be taken from the same; and as soon as may be after such goods shall be weighed or gauged, and surveyed, examined, and samples for sale taken from the same, they shall be deposited and kept in some of the warehouses, under joint locks as before mentioned, except in cases where the immediate removal of such goods from the quays shall be authorized by law.

Rule 19. The said directors, when they shall think fit, may cause to be emptied, in the presence of the custom landing waiter then on duty, any number of casks which they may think proper, of the different sizes in each cargo of West India produce which shall be brought into any of the said docks, the number so to be emptied not exceeding two casks of each size and description in each cargo, one of such two casks to be selected by some proper officer of the said company, and the other of them by the said landing waiter, as to every size and description of which any casks shall be so emptied; and it shall be lawful for the directors to cause such emptied casks to be weighed in the presence of such landing waiter, and an account to be taken in writing of their different weights; and in every such case the respective average weight of the said two casks shall be considered as the average weight or standard by which the tares of the remainder of the casks of the same size and description respectively in such cargo shall be computed and ascertained, and shall be allowed between the consignees of such West India produce, and the officers of His Majesty's revenue, in computing the net weight of such produce.

Rule 20.

Goods imported in ships from the West Indies, which shall be landed surveyed, and on the said quays, shall be surveyed and examined by some competent person or damage ascer persons, to be appointed by the directors for that purpose, and which person or pertained, § 21. sons shall ascertain the causes and extent of any injury or damage which shall have happened to the same, either by sea damage, improper stowage, or otherwise, and shall compute and value such injury or damage, and deliver his or their report, in writing, thereon to the directors, as soon as may be: and the same, or some other person or persons to be appointed for that purpose, shall cause to be collected and taken samples for sale of all goods which shall be landed on the said quays before the same shall be removed therefrom, the quantity of which samples in the case of sugar shall never exceed one pound and a half avoirdupois weight from each cask.

Samples.

Rates. Wine.

39 & 40

Geo. 3.

c. 47. (a) 72. Entrance of ships, 73.

TITLE CCXL.-LONDON DOCKS.

[For Dock Rates, see TITLES 273 and 274.]
[As to tasting Wine, see TITLE 274.]

Rule 1. EVERY act of parliament, or part thereof, which prohibits or any how prevents the entrance of any vessel into any wet dock in the river Thames, (except such vessels as are or shall be bound by law to enter particular docks,) is hereby repealed.

Rule 2. All goods and things whatsoever, which shall be landed or shipped upon or from the quays or wharfs intended to be built in or near to the London

(a) Local and personal act.-The regulations of this and the following London Dock acts are to apply during the term of 21 years from the time the docks, &c. shall be fit for the reception of goods.

docks, or any of them, shall be subject to the like tolls, duties, dues, and customs, 39 & 40 as if the same were landed upon or shipped from the present legal quays within the Geo. 3. c. 47. city of London, or as if the same intended quays or wharfs were situated within the Legal quays. said city, except in such cases as are hereinafter specified.

Rule 3. No collector of customs, inwards or coastwise, in the port of London, Tonnage shall permit any vessel, on which duties of tonnage are by this act imposed, to be en- duty, § 66. tered inwards from foreign parts or coastwise, until the master of such vessel shall have paid such duties, and shall have produced to the said collector a certificate from the collector of the said duties, certifying that such duties due on the vessel have been fully paid; nor shall any collector of customs, outwards or coastwise, in the said port, permit any vessel, on which duties of tonnage are by this act imposed, to be cleared outwards, until the master of the vessel shall have paid to the said collector the full duties of tonnage imposed thereon, which payment shall be made appear by the signature of the said collector to the documents which must necessarily be produced to him at the time of clearing any such vessel, either outwards to foreign parts, or coastwise outwards, as the case may be: which certificates and signatures such collectors are to sign and give, upon pain of forfeiture of 20l. with costs of suit.

Rule 4. Vessels arriving in the port of London for discharge, and laden with to- Vessels with bacco (a) or with rice not the produce of the East or West Indies, or laden with tobacco, rice, wine or brandy not imported in ships from the East or West Indies, shall unlade and wine, or bran land the whole of their respective cargoes within the docks to be made in pursuance dy, § 67. of this act, or on the quays and wharfs belonging thereto, and the duties which shall be payable to His Majesty in respect of the said cargoes shall be ascertained at such quays and wharfs, and not elsewhere; and in case any such goods shall be landed in any other place than the said quays or wharfs, such goods shall be forfeited to His Majesty, and may be seized by any officer of customs or excise, (b) and disposed of according to law; and the owner or master of any such vessel shall, for every such offence, forfeit 100l.

Rule 5. If any such vessel shall not have on board more than 20 pipes of wine Wine, brandy, or brandy, or 40 hogsheads of either, or a quantity of either not exceeding 20 pipes and rice, § 68. or 40 hogsheads, or if any such vessel shall not have on board more than 50 barrels

or 100 half barrels of rice, such vessel shall not be compelled to unload such wine, brandy, or rice, within the said docks, but may unload the same at any other place within the port of London.

Rule 6. If the cargoes of any such vessel (except as before-mentioned) shall con- Fruit, § 69. sist of fruit, as well as of wine or brandy, such vessel (previous to her entering into the said docks for the purpose of unloading such part of her cargo as shall consist of wine or brandy) may unload such part of her cargo as shall consist of fruit at any legal quay or place allowed within the port of London.

Rule 7. If it shall happen that any vessel laden as above cannot be unloaded at If vessels canthe said docks, quays, and works, any three or more of the commissioners of cus- not be untoms in England may permit the cargo of any such vessel to be discharged at such loaded, § 70. other place within the port of London as they shall direct.

Rule 8. No vessel, barge, or boat, shall land or ship any part of her cargo upon Where goods the banks of any of the said docks, basons, or cuts, except such places as shall be shall be assigned by the directors for the loading and discharging of such cargoes, upon pain landed and of forfeiting, for every such offence, any sum not exceeding 100l. and of forfeiting to shipped, 62. His Majesty such of the goods as shall be liable to the payment of any duty to His Majesty on such landing or shipping, which goods may be seized by any officer of customs or excise, (b) and disposed of according to law.

Rule 9. No wood or timber, which shall be delivered in any of the works to be How long made by virtue of this act, shall be permitted to remain therein for a longer time than timber shall 48 hours after the delivery thereof; and in case the same be not removed before the remain, § 86. expiration of that time, the owner thereof shall, for every such offence, forfeit 20s.

for every hour the same shall remain after the expiration of the said 48 hours.

Rule 10. No pitch, (c) tar, rozin, turpentine, oil, or other combustible matter, Combustible shall be boiled or heated on board any vessel, craft, or boat, lying in the said dock matter, § 91. or other works, nor in any place therein, except in such place, and in such manner,

(a) By 44 Geo. 3. c. 100. § 1. (local and personal act) so much of the above act as requires that the duties payable to His Majesty in respect of any tobacco or snuff, shall be ascertained at the quays or wharfs above-mentioned, is repealed.

(b) As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100.

(c) See Rule 11 of this title.

39 & 40

as shall be specially appointed by the said directors for that purpose; nor shall any Geo. 3. c. 47. gunpowder or loaded gun be brought into the docks, basons, or cuts, or be suffered Gunpowder.

45 Geo. 3.

to remain on board any vessel, upon pain that every master or owner of every vessel so offending shall forfeit, for every offence, 5l. (a)

Rule 11. If the owner of, or the person in whose custody, any tar, pitch, rozin, c. 58.(b) § 13. hemp, flax, faggots, furze, spirituous liquors, turpentine, oil, hay, straw, tallow, For removing grease, shavings of wood, or any other combustible matter, shall be intrusted, shall combustible permit any of the same, or any part thereof respectively, to remain on the quays or

articles.

44 Geo. 3.

wharfs aforesaid, or upon the deck of any vessel, lighter, barge, or boat, in the said basons, docks, or works, above 12 hours after he shall have been required by the dock-master to remove the same therefrom, every such person so offending shall, for every such offence, forfeit, at the discretion of the justice who shall take cognizance thereof, any sum not exceeding 57. nor less than 20s. for every hour any such article shall remain in the place aforesaid after the expiration of the said 12 hours, such 12 hours to be computed from the time of such requisition; and in every such case the owner or person in whose custody any such article shall be intrusted, if the same shall be lying on the quays or wharfs, or the master of the vessel, lighter, barge, or boat, on the deck of which the same shall be, shall, at their own expences respectively, maintain a sufficient number of persons, to be in that behalf appointed by the said dock master, to watch over such articles, from the making of such requisition until the same be removed.

Rule 12. From the completion of the warehouse to be provided for tobacco and c. 100. § 1. snuff under the directions of this act, the duties payable to His Majesty in respect of Where duties any such tobacco or snuff may and shall be ascertained under the direction of the on tobacco or commissioners of customs and excise respectively, either within the walls of the warehouses provided for depositing and lodging such tobacco or snuff, or upon the quays or wharfs in the London Docks, and not elsewhere, and under such orders, directions, and restrictions, as the said commissioners shall, from time to time, in that behalf direct or appoint.

snuff to be ascertained.

Warehouses, quays, and

wharfs, to be under joint locks, § 2.

How goods not entered

within seven days to be dealt with,

í 6.

Rule 13. All the gates and doors of the said docks, and all the gates and doors of such of the said warehouses, quays, and wharfs, as shall be provided or appointed for the warehousing of or for the landing and ascertaining the duties on tobacco, wine, rice, brandy, geneva, or other spirits; and also all the gates and doors of all such of the said warehouses, quays, or wharfs, as shall have any goods deposited therein or thereon, subject to any duties of customs or excise, shall be under the joint locks of the London Dock Company, and of the commissioners of customs and excise, both or either of them, as the case may require, or of their respective officers, and shall be locked and opened only in the joint presence of one or more of the officers of the said company, and of the said commissioners of customs and excise, respectively employed for that purpose, and shall never, on any account or pretence whatsoever, be opened but in the joint presence of such officers; and the officer or officers whose duty it shall be to attend the locking up and opening of the said gates and doors respectively, shall lock up and open the same, or cause or procure the same to be locked up and opened, in their presence, at the hours hereinafter mentioned for that purpose.

Rule 14. If any goods which shall be brought into the said dock on board of any vessel shall not be duly entered with the customs and excise respectively, within seven days next after the vessel importing the said goods shall have been reported at the custom house, then it shall be lawful for such officer or officers of the company as shall be appointed for that purpose by the directors thereof, on the next ensuing day, not being a Sunday, Christmas-day, or Good Friday, or a day appointed by His Majesty's proclamation for the purpose of a general fast or thanksgiving, to cause such goods to be forthwith landed and warehoused in the presence and under the joint locks of the officers of customs and excise respectively, who are hereby authorized and directed to take a true and particular account of the quantity, quality, and species thereof; and in case the duties on such goods shall not be paid and discharged within 30 days next after such report as aforesaid, the said commissioners of customs,

(a) By 55 Geo. 3. c. 3. § 1. no person whosoever shall at any time after the hour of four in the evening, or before the hour of seven in the morning, between the 29th of September and the 26th of March in every year, or before the hour of five in the morning, between the 25th of March and the 30th of September in every year, smoke any tobacco, or other material used for smoking, either within the said docks, or on board of any vessel within the said docks, upon pain of forfeiting for every such offence any sum not exceeding 101.

(b) Local and personal act.

or the proper officer of excise, are respectively authorized and empowered to sell and 44 Geo. 3. dispose of such goods, or any part thereof, to answer and satisfy the duties thereon, c. 100. rendering the overplus (if any) of the money arising by the said sale, after payment of any rates, charges, or expenses, which may be due to the said company, to the proprietor or consignee of such goods: provided always, that if a price cannot be obtained for such goods equal to the full amount of the duties of customs and excise thereon respectively, and the charges of the sale thereof, then all such goods shall be effectually destroyed, or otherwise be sold and disposed of in such manner and for such purposes, and under such regulations, as the commissioners of the treasury shall from time to time direct. (a)

Rule 15. For tobacco which shall be lodged in any warehouse, provided or to Warehouse be provided within the said deck for the purpose of warehousing of tobacco, there rent on toshall be paid to the proper officer of customs a rent or sum of 4s. for each hogshead, bacco, § 13. cask, chest, or case of tobacco, which shall be lodged in any such warehouse; that is to say, 2s. by the importer or consignee, for each such hogshead, cask, chest, or case of tobacco, immediately at and upon depositing the same in any such warehouse, and the further sum of 2s. by the proprietor or exporter before the same shall be taken from or delivered out of any such warehouse, either for home consumption or exportation; and in case of neglect or refusal to pay the said rent, or either of the said sums of 2s. respectively, at the times and in the manner before-mentioned, then such tobacco shall be destroyed or otherwise disposed of or sold, in like manner as any other goods may be destroyed or otherwise disposed of or sold under the directions of the lords commissioners of the treasury: provided always, that nothing in this act shall extended to charge the said sum of 4s. for any tobacco which shall have been removed from any other warehouse, under the direction of the commissioners of customs and excise; and all such sums of money so paid as aforesaid shall be paid into the exchequer, as part of the consolidated duties of customs.

Rule 16. It shall be lawful for any officer of excise to go on board and remain in How officers. any vessel whatsoever within the limits of the port of London, and to search for any may go on tobacco or snuff that shall be laden on board or imported therein, or which shall be board tobacco shipped or put on board any such vessel to be exported, and to take account of all vessels, take such tobacco and snuff respectively, and to seize all such tobacco and snuff there account, and found as by the laws thereunto relating shall be forfeited, and also such vessel, if seize, § 14. the same shall be forfeited on account of such tobacco or snuff; and if any person shall assault, molest, obstruct, oppose, or hinder any such officer of excise from going on board or remaining in any such vessel, or examining or searching the same, or in seizing any such tobacco or snuff, or vessel, every person so offending shall, for each such offence, forfeit 2001.: provided always, that nothing therein contained West India shall extend to authorize or empower any excise officer to go or remain on board of Docks. any vessels in the docks belonging to the West India Dock Company, during the time that the gates of the said docks are required to be locked.

Rule 17. When any sample of tobacco imported into the port of London shall How samples be drawn or taken, the same shall be well and effectually secured with packthread, of tobacco and a parchment label affixed thereon, in the presence of the proper officers of cus- may be taken, toms and excise, on which label shall be written, by the person applying for or 15. drawing such sample, the plantation mark, together with the manifest number, weight, and tare, of the hogshead, cask, chest, or case, from which the same shall be taken, and also the landing, mark, and number thereof, and the day and year on which the same was drawn or taken; and each such label shall be signed by the officers of customs and excise, who shall attend the drawing or taking and the making up of such sample, and no sample of tobacco so drawn or taken and made up, and to which any such label as aforesaid shall be affixed, shall be liable to for- Permit. feiture for being removed without permit: provided always, nevertheless, that the

(a) By 46 Geo. 3. c. 59. § 12. (local and personal act) three calendar months shall be allowed for payment of the said duties, such three months to be computed from the time prescribed by the above act for the commencement of the said 30 days; and in case the duties on such goods shall not be paid and discharged within the said three months, to be computed as aforesaid, the commissioners of customs, or the proper officer of excise, are respectively authorized and empowered to sell and dispose of such goods or any part thereof, to answer and satisfy the duties thereon, rendering the overplus, if any, of money arising by the said sale, after payment of any rates, charges, or expenses which may be due to the said company, to the proprietor or consignee of such goods. But if a price cannot be obtained for such goods equal to the full amount of the duties of customs and excise thereon respectively, and the charges of the sale thereof, then all such goods shall be effec tually or otherwise sold and disposed of, in such manner, and for such purposes, and under such regulations, as the lords commissioners of the treasury shall from time to time direct.

44 Geo. 3. c. 100.

Time of removal.

Taking labels

package containing any such sample of tobacco shall be marked on the outside in large legible characters, with the words Samples of Tobacco: and provided also, that no such sample of tobacco shall be removed, unless at such times as hereinafter mentioned, that is to say, from the 29th September to the 25th March in each year, between the hours of seven in the morning and five in the evening, and from the 25th March to the 29th September in each year, between the hours of five in the morning and seven in the evening, except the same is removing or carrying by a known common stage coach, waggon, or other stage carriage which usually travels out of those hours, or by water by a vessel or boat usually navigated in the fair course of trade out of those hours.

Rule 18. If any person shall take any such label off the particular sample of off samples, tobacco to which the same was originally affixed, and shall affix the same to any $16. other tobacco whatever, every person so offending shall, for every such offence, forfeit 100l. together with all such tobacco to which any such label so taken off the original sample shall be affixed, contrary to the true intent and meaning hereof.

How tobacco may be re

Rule 19. It shall be lawful for the commissioners of customs, as soon after the passing of this act as they shall deem it expedient, to direct any tobacco or snuff moved, 17. lodged in any warehouse to be removed to the warehouses provided and appointed for tobacco and snuff in the said dock: provided always, that the same shall be done free of expense to the owners or proprietors of such tobacco or snuff.

Warehouse goods da

Rule 20. In case any goods that shall be deposited in any warehouse under the provisions of this act shall, during the continuance of such goods in any such waremaged, 18. house, sustain any damage or injury by reason of any defect in such warehouse, or for any want of due care in, or for any other default of, the said company, or their servants or agents, for which the 'proprietors or owner or consignee of such goods would by law be entitled to recover and receive any compensation for such damage or injury, no such compensation shall, after the passing of this act, be recoverable against the commissioners of customs, or any officer of the revenue; but such compensation shall be recoverable against and from the directors of the said London Dock Company, in like manner in every respect as every compensation can or may by law be recoverable in like cases by any proprietor, owner, or consignee of any goods for any damage or injury thereto.

Former tobacco act,

$19.

Goods, other thau tobacco and souff,

§ 20.

Former laws, $ 21.

Rule 21. All such or so much of the powers, authorities, provisions, regulations, directions, penalties, forfeitures, clauses, matters, and things whatsoever contained in any act relating to any tobacco or snuff imported into or exported from Great Britain, as are applicable to the purposes of this act, and not hereby repealed, altered, or otherwise provided for or rendered unnecessary, shall extend to all tobacco and snuff brought into, and landed or warehoused in, or laden from, the said docks, quays, wharfs, or warehouses, and shall operate and be in force in respect thereto as fully and effectually, to all intents and purposes, as if the same were particularly repeated and re-enacted in the body of this act.

Rule 22. In case any goods, other than tobacco and snuff, shall at any time be landed at or upon the wharf or quay within the said dock which had been, or may from time to time be, appropriated for the landing of tobacco and snuff, unless with licence in that behalf granted by the commissioners of customs or excise, all such goods which shall be so landed shall be forfeited, and may be seized by any officer of customs or excise. (a)

Rule 23. The several restrictions, powers, provisions, clauses, matters, and things, whether relating to the taking of bond or security, or otherwise enacted by any law of customs or excise, in force at the passing of this act, whether in relation to the importation or exportation, warehousing or landing, of any goods chargeable with duties of excise, or for the better ascertaining or securing those duties, not being expressly revoked, altered, or controlled by this act, or repugnant to any of the provisions herein contained, shall continue in as full force and effect as if this act had not been made.

* As to officers of army, navy, &c. see TITLE 5, Rules 76, 83, 99, and 100.