Sufferance Warehouse Act 1875

[18 September 1875]

[preamble and words of enactment omitted]

Minister of Finance may appoint sufferance wharves and ware houses; regulations

1 (1) The Minister of Finance (in this Act referred to as "the Min ister") from time to time may appoint on the application of the propri etors or lessees or their agents, sufferance wharves and sufferance ware houses in the respective Ports of Hamilton and St. George's within the limits hereinafter defined, at which sufferance wharves it shall be lawful to discharge, and in which sufferance warehouses it shall be lawful to store, under the warrant of the Collector of Customs or Assistant Col lector of Customs first obtained, and under such regulations as the Minister may make, goods and merchandise arriving in Bermuda in transit to other ports or places or in vessels limited to certain fixed times of departure or which for other special reasons to be judged of by the Minister require unusual despatch, before entry of such goods and mer chandise has been made in accordance with the Revenue Act 1898 [title 14 item 10], the vessels bringing such goods and merchandise having in all cases been first duly reported and entered at the proper office:

Provided that no such goods or merchandise shall be landed ex cept in the presence of a customs officer or on any public holiday, and that all goods and merchandise so landed before entry and payment of or security given for the duties thereon shall immediately after being landed be stored under the supervision of a customs officer in a sufferance warehouse there to be kept under the charge of the customs officer until taken out under a proper warrant or permit.

(2) Such sufferance wharves and sufferance warehouses may be appointed—

(a) in any part of the Port or City of Hamilton wherein ware houses may be appointed for the warehousing of goods in bond under the Revenue Act 1898 [title 14 item 10]; and

(b) within the limits of the Port of St. George's as defined by the proclamation of His Excellency Governor Sir James Cockburn dated the 27th day of June, 1812, to the southward of the Ferry Road or of the south side of the street in the Town of St. George called Water Street;

and such appointments may at any time be revoked by the Minister.

Parliamentary scrutiny of regulations

2 The negative resolution procedure shall apply to regulations made under this Act.

Forfeiture and penalties

3 (1) All goods water-borne or unladen from any vessel or re moved or delivered from any wharf or warehouse except in the manner and under the restrictions and provisions of the Revenue Act 1898 [title 14 item 10] or of this Act, or of such regulations as may be made under this Act, and all boats, vessels, carriages, horses and cattle made use of in the unloading or removal of any goods liable to forfeiture under this Act, shall be forfeited.

(2) Any person who assists or is concerned in the unshipping, landing, removal or delivery of any goods liable to forfeiture under this Act, or in the harbouring thereof, or into whose hands or possession any such goods shall knowingly come, shall forfeit and pay treble the value thereof, or $280, at the option of the Collector of Customs, besides the costs of suit, if such forfeiture is not paid without a suit being com-
menced for the same.

Certain provisions of Revenue Acts apply

4 (1) All the provisions of the Revenue Act 1898 [title 14 item 10] relating to the seizure and condemnation of goods, vessels, boats, car riages, horses and cattle and other things liable to seizure, condemna tion, or forfeiture under the Revenue Act 1898, and to the recovery and appropriation or remission of fines, forfeitures and penalties, imposed by, and to legal proceedings under the Revenue Act 1898 and to costs of suit and appeals in revenue cases, and the mode of disposing of things seized and condemned, or forfeited, and to the replevying of, or claims for, vessels, goods, and other things seized under the Revenue Act 1898 and as to the procedure in actions by or against customs officers and as to limitations of suits against customs officers and tender of amends and all other things relating to such suits, shall be construed so as to extend to goods, vessels, carriages, horses, cattle and other things made liable to forfeiture under this Act and to all persons concerned in the breach of any regulation made under this Act; and all customs officers shall be bound to carry such regulations into effect.

(2) All officers and other persons engaged or concerned in en forcing or assisting to enforce this Act or any regulations made under this Act shall have the like power and be entitled to the like privileges and protection in all respects as by the Revenue Act 1898 such officers or persons have, or are entitled to, in carrying the Revenue Act 1898 into execution.

[This Act, originally of limited duration, was continued in force indefinitely by 1919 : 38.]

[Amended by

Bermuda Consolidated Legislation

Sufferance Warehouse Act 1875