318

or to the effect following, that is to say:—"I,
A. B., Master of the (state the name of the
vessel) arrived from (state the place) do solemn-
ly declare that I have, to the best of my know-
ledge and belief, delivered to (C. D.) the
person duly authorised to receive delivery
thereof, every mail bag and letter that was on
board the said vessel, except such letters as are
not required by law to be sent by post." And
thereupon the Postmaster or Post Officer taking
such declaration shall grant a certificate under
his hand of the making thereof, and until such
certificate shall have been produced to the
Collector or other proper Officer of Customs at
such port, he shall not permit such vessel to re-
port; and any Master failing or refusing to
make such declaration, or making a false declara-
tion, shall forfeit and pay a penalty not
exceeding £100.

XXXIII. It shall be lawful for the Governor
in Council from time to time to fix the amount
of gratuities to be paid to the Masters of ves-
sel for the conveyance of mails or letters, and
the several Postmasters throughout the Colony
shall pay such gratuities accordingly.

NOTE.—The exception mentioned in Clause
XXIX. is as follows:—

Clause XVII.

No letter shall be carried or forwarded
otherwise than by Post, and if any such
Letter shall be carried or be sent or taken
charge of, for the purpose of being so car-
ried or conveyed by any person (not being
a Post Officer) and the person so sending
or conveying such letter or taking charge
of the same for such carriage or convey-
ance, shall for every such letter forfeit and
pay a penalty not exceeding £20; and
every such letter sent or carried or taken
charge of to be carried, otherwise than by
Post, shall be deemed in any prosecution
for this offence to have been for hire or re-
ward; unless the contrary shall be shown
by the defendant.

Clause XVII.

Provided always that nothing in the last
preceding clause shall extend to any letter
exceeding 16 ounces avoirdupois in weight,
nor any letter concerning goods, and sent
with such goods and to be delivered there-
with, nor containing any writ or proceed-
ing out of any Court of Justice, or any
Deed, Conveyance, Affidavit, or Letter of
Attorney, nor to any letter sent by any
person concerning his or her private af-
fairs by any special messenger, nor to any
letter bona fide sent or carried to or from
the nearest Post Office, nor to any News-
paper or Book, or any copy of Votes
and Proceedings of the Imperial Parlia-
ment, or of the General Assembly of
New Zealand, or of any of the Legisla-
tures of the several Provinces thereof, or
of any British Colony.

APPENDIX II.

EXTRACT FROM THE CUSTOMS
REGULATIONS, 1858.

As to the Manifest and Report of the
Cargo of Merchant Ships in Commission
bringing Merchandize from Ports
beyond the Seas.

Clause XXXVIII. If there be not on board
any Ship bringing Merchandize to the Colony
from any port or place within the British Do-
minions, such full, proper, and authentic Mani-
fest of the Cargo, or other proper Clearance
outwards of such Ship as may be required by
the laws in force at such Port or place, or if
any goods appearing on such Manifest or
Clearance be not on board or duly accounted
for, the Master of such ship shall forfeit any
sum not exceeding one hundred pounds.

XXXIX. The Master of every such ship
shall produce such Manifest or other Clearance
as last aforesaid to any Officer of Customs who
may board such Ship after her arrival within
one league of the coast of the Colony, or within
the limits of any port thereof, and who may de-
mand the same for inspection; and any such
Master being thereto required by any such
Officer shall also deliver to him a true copy of
such Manifest or Clearance signed by the Mas-
ter; and if such Master shall not produce such
Manifest or Clearance, or shall not deliver such
copy, being thereto duly required, he shall
forfeit and pay for every such offence any sum
not exceeding £50.

XL. The Master of every Ship, whether
laden or in ballast, shall, within twenty-four
hours after arrival from parts beyond the seas
at any Port in the Colony, and before bulk be
broken, make due report of such Ship in the
form contained in the first schedule to this Act,
or to the same effect, and containing the seve-
ral particulars indicated or required thereby;
and if the cargo of such Ship shall have been
laden at several places, shall state the particu-
lars of the goods laden at each of those places,
in the order of time in which the same were
laden, and shall set opposite to such particu-
lars, in the proper column, the name of the
place of lading. And with respect to any Ship
arriving Coastwise at any Port in the Colony
with any goods therein laden at any place be-
yond the seas, the like report shall, within
twenty-four hours after arrival of such Ship, be
made of such Ship and goods by the Master of
such Ship as would be required if such Ship had
arrived direct from parts beyond the seas.

XLI. If such Master shall wilfully fail to
make such report according to the particulars
hereinbefore required, so far as the same are
applicable to such Ship, Cargo, and Voyage,
or if the particulars or any of them contained
in such report be false, such Master shall for-
feit the sum of one hundred pounds.

XLII. Goods not duly reported may be de-
tained by any Officer of Customs until the same
shall be so reported, and the cause of the omis-
sion explained to the satisfaction of the Com-
missioner, who may thereupon order the said
goods to be restored on such terms as he may