Obrázky stránek
PDF
ePub

Mode of recoty, and appli

very of Penal

cation thereof.

Mode of obtain

til Spirituous

Liquors.

in the execution of his Duties, or any of the powers conferred upon him by the last preceding Section of this Act, he shall forfeit and pay to Her Majesty a Fine not exceeding Fifty Pounds-to be recovered in Her Majesty's Supreme Court of Judicature of this Island, and to be paid into the Treasury, for the use of Her Majesty's Government.

XV. No person shall be allowed to obtain a License to dis- License to distil Spirituous Liquors until he or she shall have first paid unto the Treasurer of this Island the amount of License Duty, being Amount of Li- Five Pounds, as aforesaid, and the Treasurer shall give a Receipt therefor, which the person applying for a License shall produce on making such application; and the Treasurer shall pubpublish, quar lish a List of the Licenses so granted in the Royal Gazette, quarterly.

cense Duty,

Treasurer to

terly, list of Licenses.

Officer prosecut

General Issue.

XVI. If any Action be brought against any ed, may plead Officer or Person for doing or causing to be done any thing in pursuance of the Thirteenth Section of this Act, the Defendant in such Action may plead the General Issue, and give the Special Matter in Evidence; and every such Action must be brought within Six Months cause of action, after the cause of Action arises.

Action must be brought within

Six Months of

Jurisdiction of

to all parts of this Island.

XVII. All Landwaiters and Preventive OffiLandwaiters, cers, appointed or to be appointed under and &c., extended by virtue of the Act of the Fourteenth Victoria, Chapter Eight, intituled An Act for the better prevention of Smuggling, shall have jurisdiction, power and authority, and may exercise the powers by such Act vested in them as such Officers, in all Parts and Ports of this Island, in the same manner and under the same regulations as they may or can use or exercise the same in the Port, Harbour or Place to which

they may have been specially appointed-any thing in the last recited Act to the contrary notwithstanding.

XVIII. The Ninth, Forty-seventh and Fortyeighth Sections of the said recited Act of the Twelfth Victoria, Chapter Ten, intituled An Act for raising a Revenue, shall be, and the same are hereby respectively repealed.

Repeals certain Act, 12 Vic., cap. 10.

parts of the

XIX. This Act shall go into operation on the Continuance of First day of May, One thousand eight hundred Act. and fifty-two, and shall from thence continue and be in force until the Second Day of May, One thousand eight hundred and fifty-three.

CAP. XXVII.

An ACT relating to Light and Anchorage Duties.

BE

[April 3, 1852.]

E it enacted, by the Lieutenant Governor,
Council and Assembly, as follows:

I. For each and every Vessel registered in this Island, which shall hereafter, on its first voyage, sail from any Port, Place in this Island for any other Port, Place or Country whatsoever, there shall be paid a Light Duty of Six-pence per Ton for each and every Ton which such Vessel shall admeasure, agreeably to its Register-the same to be paid to the Controller of Navigation Laws at the Port or Place from which such Vessel sails, or to such other person or persons as now are or hereafter may be appointed by the Administrator of the Government of this Island for the time being.

Light Duty

payable by Vessels sailing from

this Island.

Where and to whom payable.

Exempts from ment until 1st January follow

further pay

ing.

to receive the same, who shall deliver to the Master a Certificate thereof, agreeably to a Form in the Schedule to this Act annexed, marked (A), which shall exempt the said Vessel from further payment of Light or Anchorage Duty in the same or any other Port in this Island, until the First Day of January, next after such payment, but no longer; and such Vessel shall not be cleared at the Custom House without the production of such Certificate; but Duty payable new Vessels leaving this Island on their first voyage, and intended for Sale, shall only be liable to pay Two-pence per Ton Duty, unless they again return, when they shall immediately become liable to the full Duty as aforesaid.

by new Vessels.

Duty payable by Vessels arriving in this Island.

Exempts from

further pay

ment until 1st

January following.

Duty payable

by vessels seeking shelter.

Exempts from further payment until 1st of January following.

II. All other Vessels coming into any Port or Place in this Island shall pay, on Entry, Six-pence per Ton as aforesaid, to the Controller of Navigation Laws, or other person appointed as herein before mentioned, who shall grant a Certificate thereof, agreeably to the Form in the Schedule to this Act annexed, marked (A), which shall exempt them from further payment of Light or Anchorage Duty in that or any other Port in this Island, until the First Day of January next after such payment, but no longer.

III. All Vessels anchoring within any Harbour or Port in this Island, whether for shelter, to take in supplies or otherwise, without the Certificate aforesaid, shall pay Six-pence per Ton to the Harbour Master of the Port or Harbour, who shall grant a Certificate thereof, agreeably to the Form in the Schedule to this Act annexed, marked (A), which shall exempt them from further payment of Anchorage Duty, or Light Duty, in that or any other Port or Harbour in this Island, until the First Day of

January next, after such Payment, but no longer.

Return of Du

attested.

and how ap

IV. The Person receiving any of the Duties aforesaid, shall, Quarterly, make a Return in ties to be made Writing of the Amount received by him to the Quarterly, duly Treasurer of this Island, and shall make and subscribe, at the foot of each Return, an Affidavit of the correctness thereof, in the Form in the Schedule to this Act annexed, marked (B.), set forth, to be sworn before a Justice of the Peace; and he shall also, at the time of making such Return, pay the amount so received by him To whom paid, into the Treasury of this Island, to be applied to plied. the purposes specified in the Act of the Eighth Victoria, Chapter Three, intituled An Act to make new Provisions for the support of Light Houses, Buoys and Beacons, and to which the Duties imposed by that Act are thereby applied; and such Person shall for his Services be paid Twenty Pounds per centum on all Moneys so Collectors of received and paid over by him as aforesaid, for Duties. Anchorage Duties, and Seven and One-half Pounds per centum on all Moneys so received and paid over by him as aforesaid, for Light Duties.

Allowances to

V. If the Master of any Vessel liable to any Master of VesDuties hereunder, shall, on demand, refuse to sel departing without paying pay or shall depart without paying the same, Duties, subject he shall forfeit Five Pounds in addition to the to a Penalty. Amount of Duties; and the Controller of Navigation Laws, or Person so appointed as aforesaid in the case of Light Duties, or the Harbour Master in the case of Anchorage Duties, is hereby authorised, in his own Name as such Officer, to sue for and recover such Fine and How proceeded Duty before any One of Her Majesty's Justices of the Peace-which Justice is hereby directed and required, on the Oath being made by any

against.

Master neglect

ing to pay Duty, Vessel may

be seized, &c.

nalties how recovered.

such Officer as aforesaid, to cause a Capias to be issued for the recovery of the same, and immediately to proceed and adjudicate on the same; and if the Amount of the Judgment given by such Justice, and the Costs and Expenses, be not at once paid after the giving of such Judgment, then the Defendant shall be imprisoned for the same length of time, in proportion to the Amount of the Judgment, as he would have been under an Execution issuing out of any Court for the Recovery of Small Debts, constituted, or to be constituted, under any Act now or hereafter, for the time being, to be in force, on a Judgment of a similar Amount recovered therein.

VI. If the Master of any Vessel shall not pay any such Duty when duly demanded, the Officer shall, and he is hereby fully authorised to seize such Vessel, or any part of her Materials, and to employ other Persons to assist him in doing the same, and to detain such Vessel or Materials until the Duty due and the Expenses thereon are paid.

VII. The Remedies for the Recovery of the Duties and Pe- Duties and Penalties aforesaid, given by the Two last Sections of this Act, may be both pursued, and at the same time, or at different times, or one only may be pursued, or otherwise, as the Officer collecting the same may think fit.

Repeals a por

8 V. c. 3, and

VIII. So much of the Act of the Eighth tion of the Act, Year of Her present Majesty's Reign, Chapter the whole of the Three, intituled An Act to make new Provisions Act, 11 V. c.11. for the support of Light Houses, Buoys and Beacons, as relates to and establishes the Rates of Light Duties to be paid on account of Vessels clearing from or entering at any Port or Place in this Island, and also the whole of the Act of

« PředchozíPokračovat »