Customs Act 1662

Altered 1 G. 2. 6. 11 G. 2. 3.

XIV. The officers who sit above in the custom-house of the port of Dublin, shall attend the service of their several places from, nine to twelve of the clock in the forenoon, and one officer or one able clerk shall attend with the book in the afternoon, during such time as the officers are appointed to wait at the water-side, for the better deciding of all controversies that may happen concerning merchants warrants: all other the officers of the out ports shall attend every day in the custom-house of every respective port, for dispatch of merchants and ships, between the hours of nine of the clock and twelve in the morning, and two and four in the afternoon.

XV. The searcher, surveyor, or other officer attending in any port or creek, shall give knowledge to the collector of the head port to which they belong, with all convenient speed, of every ship that cometh in or goeth out at any tide, by way of merchandise, or with goods from another port by way of certificate.

XVI. There shall be one shippers book outwards, and another inwards, kept in every custom-house, wherein every ship or vessel going out or coming in by way of merchandise, or with commodities of this kingdom to or from any other ports by certificate, shall enter openly in the custom-house the name of the ship and of the master, the burthen, from whence, and to and from what place it is freighted, before he take in any lading or discharge any goods, wares or merchandises whatsoever.

XVII. The master or purser of every ship coming in by way of merchandise, shall deliver under his hand, and upon his oath before the collector or cheque, one bill of the particulars and contents of the whole lading of the ship, with the names of the several merchants and the mark, pack, or outward form of the goods and merchandises, according to his knowledge, and shall also make declaration thereof upon oath.

XVIII. Every master of a ship, that shall lade any goods or merchandises for any parts beyond the seas, shall enter his ship with the collector and cheque, before he take in any goods, and before his departure shall give notice of his whole lading, with the names of the merchants that have laden goods in him, and shall answer upon oath to such questions concerning the same, as shall be demanded of him.

XIX. No entry nor agreement with any merchant or others for customs or subsidy shall be made by the collector or others, nor any cocquet, warrant, or certificate sealed or subscribed, but openly in the custom-house.

XX. Every merchant making an entry of goods, either inwards or outwards, shall be dispatched in such order as he cometh; and if any officer or his clerk shall either for favour or reward put any merchant or his servant duly attending by his turn, or otherwise delay any person so duly attending and making his entries aforesaid, to draw any other reward or gratuity from him than is limited in the table of fees hereafter following; if the master, officer, or the clerk be found faulty therein, they shall respecively, upon complaint to the said commissioners or chief officers, be publickly discharged of their respective imployments, and not permitted to sit any more in the custom-house.

XXI. Every merchant or other that will transport any goods by way of merchandise for foreign parts, shall make his entry particularly thereof with the collector and cheque, by a bill under his hand, or the hand of his assignes, with the name of the ship, the master, the burthen, of whence and to what place it is freighted, with the marks and number of the packs, casks, fardles, or other bulks, and the true quantity and quality of the goods therein contained, which bill shall forthwith be entred in a book by the collector, and delivered to the comptroller to be entred by him likewise, and to file and keep the bill of very ship together, as they shall be entered; and the true value of the goods, and of the custom, subsidy, and duties thereupon due shall be likewise set forth and charged in the books at the time the merchant maketh his entry.

XXII. All goods and merchandises allowed for store, portage, or provision inwards or outwards, shall be valued according to the book of rates, although the same neither doth nor shall pay any custom or subsidy, and shall be entered in books distinctly and apart by themselves.

XXIII. The searcher or surveyor shall have all cocquets, certificates and warrants delivered unto him before the Shipping or landing of any goods therein contained, and at the time of the shipping or landing thereof shall have the said cocquets, certificates and warrants with them, that the goods may be thereby examined and tryed whether they agree in quantity and quality or no; which if he neglect or fail to do, every such surveyor or searcher shall forfeit his or their place.

XXIV. Every merchant shall have his particular cocquet and certificate by himself, sealed and subscribed openly in the custom-house by the collector and comptroller, bearing date the same day that he entred his goods.

XXV. All entries inwards or outwards by licence shall be endorsed upon each particular licence, with the name of the merchant, the date of the cocquet or entry, and the particular quantities shipped or landed by vertue thereof shall be also set down, and entred in the books to which they properly belong.

XXVI. All merchandise customed outwards in any ship or vessel, which for some cause cannot be laden aboard the same ship, shall be appointed to another ship by certificate, openly sealed, subscribed, and delivered in the custom-house upon the oath of the searchers or surveyors, and of the owners thereof, openly taken, that the said goods did not pass according to former cocquet.

XXVII. Every merchant entring any merchandise inwards, or taking up any goods by store or portage, shall make entry thereof particularly, and deliver a bill thereof at large under his hand, or the hand of his assignce, to the collector, with the name of the ship and of the master, the burthen, of whence and from what place it was freighted, with the mark, and number of the fardles, bulk and paccage in the margent, and the true quantities and qualities of the goods therein contained; and the said collector shall, with all convenient speed, cast up the value of the goods and merchandises therein, and the customs and subsidies thereupon due, and write it upon the said bill, with the number and date of the bill, according to which it shall be presently entred in the book inwards, to be kept by the said collector, and then by him delivered to the comptroller or cheque, to be likewise entred; according to which bill another being subscribed by the said collector, comptroller or cheque, and numbered and dated as the former, shall be to the surveyor, searcher or waiter, a warrant to suffer the wares and merchandises therein contained to be landed and discharged accordingly.

XXVIII. All manner of goods, wares and merchandises, of which any merchant shall make oath he cannot perfectly enter for want of bills of lading, advice, or some other just cause, shall be entred at fight, and shall be taken up by warrant (ad visum) dated the day of the entry thereof, subscribed and delivered openly in the custom-house to the searcher or surveyor, who shall fee the same brought to the custom-house key or wharf, and give knowledge thereof to the said officers; which officers shall suffer the said goods to be taken up in the presence of the surveyor or searcher, and viewed in some convenient place, and the owner thereof shall forthwith make an entry thereof particularly under his hand, or the hand of his assignee, with the collector and comptroller, and thereupon a warrant shall be made for clearing and passing of the said wares as aforesaid accordingly.

XXIX. Every merchant taking up goods at sight, or otherwise, who shall permit or suffer his or their goods to lie and remain in any the ware-houses of the custom-house for longer than the space of seven dayes without entring or clearing the same, shall for such times as they continue there longer pay such reasonable rates for ware-house room, as the commissioners of the customs, or the respective collectors of the ports shall judge meet to direct; the one half thereof shall be to the use of his Majestie, and the other to the ware-house-keeper, and to be paid before the delivery of such goods unto the merchant.

XXX. In the port of Dublin the commissioners of the customs, and in every other port where more than one, whether searcher, surveyor, or waiters are appointed to attend there, the collector shall nominate and direct under his hand which and how many of them shall take charge of every respective ship going forth or coming into the same port, to fee the goods and merchandises therein cleared and discharged according to such warrants as he or they shall receive from the collector and comptroller; and every such officer as shall neglect or refuse, upon notice given by the merchant, to attend the lading or unlading of any goods shall forfeit for every default five pounds, the one moyety to the King, and the other to the party agrieved and fueing for the same.

XXXI. Every waiter, or other officer appointed to attend the lading or unlading of goods, shall enter into a book, to be given him for that purpose by the commissioners or collectors in the several ports, and in no other book or paper whatsoever, the name of every ship and master, unto the lading or unlading whereof he shall be appointed, and underneath each respective ship or masters name, either going out or coming in, shall enter the date of every warrant, cocquet, transire or certificate, according to the order of their dates, which he shall receive for the shipping or landing any goods, together with the quantities, qualities, numbers, weights, measures, and marks of all and every the same goods or merchandises, which shall be shipped or laid on shore upon any such warrant, cocquet, transire or certificate, with the time when, and how much at a time of the same was so landed or shipped off; which book shall be quarterly, or as soon as filled or written out, be delivered up to the commissioners, or the respective collectors of the ports, or sooner, whenfoever thereunto required; and every officer that shall omit the doing hereof, or enter the goods shipped off or landed in any other book or papers than the book that shall be given them for the purpose aforesaid, to be discharged from his or their employment.

XXXII. Every searcher or surveyor shall enter into a book, to be by him purposely kept for that purpose, the day of the going out and coming in of every ship, by way of merchandise or by certificate, from another port, with the name of the ship and master, and the date of every man’s cocquet, warrant and certificate.

XXXIII. No searcher or other officer of the custom-house, having power to search and visit any ship outward bound, shall without just and reasonable ground detain any such ship, under colour of searching the goods laden therein, above one tide after the said ship is fully laden and ready to set fail, upon pain of loss of the office of such offender, and rendring damage to the merchant and owner of the ship, unless any occasion or delay happen by stress of weather or other emergency.

XXXIV. If any wharsinger, crane-keeper, searcher, lighter-man, waiter, or other officer, do consent or know of any goods shipped or landed without payment of subsidy, or at any unlawful place, or at any unlawful time, and do not disclose the same within one month after, shall forfeit one hundred pounds, and every officer befide to lose his or their place.

XXXV. Every officer that maketh any cocquet or warrant contrary or disagreeing to the entry of any goods or merchandizes shall lose his or their place.

XXXVI. All officers, whom it concerns in their respective places, shall be diligent and careful to make stay and seisure of goods, wares and merchandises, that shall be brought in or carried out or intended to be carried out of this realm contrary to the laws of the same.

XXXVII. All goods and merchandises, that shall be seised or stayed, shall prefently after such seisure or stay be delivered into the charge of any ware-house-keeper at the custom-house of the port where such stay or seisure shall he made, there to remain until sufficient warrant and discharge shall be brought for release and delivery thereof.

XXXVIII. That every officer, who shall make any seisure, shall thereupon forthwith acquaint the commissioners of the customs therewith, and likwise certify the same to the register of seisures in the port of Dublin for the time being, together with the quantity and quality of the goods so seised, the time when, the ground whereupon he seised the same, with such other circumstances as are sit to be known for exhibiting informations in the Exchequer against the same.

XXXIX. No officer or other person shall make composition or agreement for the seisure or forfeiture of any goods, without licence out of the court of Exchequer, or other lawful warrant first had and obtained.

XL. All licences, compositions, fines, recoveries, warrants, orders, and other discharges to be had, made, or granted for or upon the aforesaid seisures and informations, are to be entred with the regifter aforesaid, and the money or moneys thereupon due and payable to the use of his Majesty to be paid to the collectors of the respective ports.

XLI. All appraisements of goods, wares and merchandises, seised as aforesaid, are to be shewed and delivered to the register aforesaid, before they be returned into the Exchequer, to be by him examined and entred; and if the goods be too much undervalued, the said register is to make stay thereof, and to acquaint some of the barons of the Exchequer therewith, to the end that a review and new appraisement may be made of the goods.

XLII. That all bonds taken for shipping goods to the coast, for which certificates are returned, shall be delivered quarterly into the Exchequer, with the certificate thereunto annexed, and endorsed also thereupon, and every term after the accompt of the officers that did take them is past, the said bonds shall be delivered to every person that shall sue for the same, paying the usual fees.

XLIII. All other bonds taken by the collectors that be expired, and all other bonds for which no certificates are returned according to their conditions, shall be delivered likewise into the Exchequer quarterly, after the breach of such conditions, that process and execution may be had thereupon according to the due course of law.

XLIV. That the collectors of the several ports shall monthly send up an abstract of their several receipts, and quarterly an accompt of their quarters receipts, unto the commissioners of the customs, which, account shall be half-yearly delivered by the said commissioners unto the auditor general of his Majestie’s Exchequer; and every collector shall yearly, betwixt the beginning of Easter and ending of Trinity term, repair to Dublin, there to make oath of the truth of his or their respective accompts sent up to the said commissioners, and by them delivered to the auditor as aforesaid, and shall before they depart fully adjust and clear their accompts; every collector failing herein to lose his or their place or places.

XLV. That the commissioners of the customs shall take and have inspection of the accompts, actions, and proceedings of the collectors and all other officers in the several ports, by viewing and looking over the books, papers and accompts, when and as often as they shall see cause; and the said collectors or other officers, at all times, and upon demand, are to render an accompt of their actions and proceedings, and to permit and suffer them, or any of them, to have the sight and perusal of all and every their accompts, books, entries, warrants, or other papers whatsoever, and to take notes out of all or any of the same, as they shall judge needful and requisite; every officer refusing to give obedience herein shall lose and forfeit his or their place or places.

XLVI. The said commissioners, or some of their number, shall once every year at least visit the several out-ports of this realm, to make observation, and take cognizance how and in what manner the affairs of the ports be carried on, and how the several officers demean themselves in discharge of their trusts, and to rectisie things in the best manner they possibly may, by giving such sitting and further instructions from time to time, to be their rule and guide in the due and lawful execution of this aft, as they the said commissioners, with the allowance and approbation of the lord deputie, or other chief governour or governours and privy council, shall think sit and meet.