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'Arms Traffic in Persian Gulf. Supply of information by exporters to the Custom authorities' [‎75r] (5/6)

The record is made up of 1 file (3 folios). It was created in Mar 1899. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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m
75
between the traders themselves, as, for instance, invoices and bills of lading
Here, again, even with these documents before an inquirer, it would not be
certain, having regard to the number of purchases which take place merelv
on commission from and by middlemen, that the names of the real suppliers
of goods and the real consignees of goods, would be discoverable ; but, never
theless, access to these documents would go a long way towards knowledge
of the inner history of transactions, and where there is access to these docu
ments available to the Board of Customs it might be argued that they have a
nght to demand m their forms any facts which the trading documents
available to them might be expected to disclose.
With regard to these trading documents, there is access to them by the
Board of Customs prescribed in two Sections of the Customs Act; that is to
say, in Section 65 as to the entries of goods inwards, and in Section 11 of
the Customs and Inland Revenue Act, 1881, in relation to the Specifications
as to free goods, which have to be rendered within six days after the final
clearance of the ship.
It has sometimes been urged, that the access to these documents provided
for m these two instances establishes a general footing that they may always
be demanded by the Commissioners of Customs whenever they think fit. I
have not, however, so thought myself. It seemed to me that this, being an
inquisitorial power, must be read very strictly, and confined simply to those
instances in regard to which the Act specially lays it down ; and as regards
goods exported, there is a very good reason why it is provided in relation to
the specifications for free goods and not in regard to any verification of the
entry of dutiable or drawback goods, because as regards specifications for
free goods, they (as stated earlier in this case) are not rendered until the ship
and the goods have departed, and when there is no power to test the
information by examination of the goods themselves.
Upon the above the Law Officers are asked to kindly state whether or not
they think that, under Section 139 of the Customs Act, the Board have a
power to modify the form of entry which they have so far prescribed for the
There is a general provision, under Section purpose of that Section, and to put into
that entry also a requirement that the
true name shall be given of the supplier
of the goods exported, and the true
name also of the consignee at the port
of destination to whom the goods are about to be consigned, and to require
that such statements shall be truly made, and in the event of their not being
made, or being made in such a way as to give reasonable ground for believing
that they are untrue, to take action for the detention of the goods until the
requirements are thoroughly and truly complied with, or the ultimate
forfeiture of the goods.
C. J. Follett.
o i 7
131 of the Customs Act, that any goods for
which entry before shipment is required, and
which are shipped, without due clearance,
shall be forfeited.
OPINION.
We are of opinion that the Board have not power to require these
further particulars. The power under Section 139 is merely to
order before shipment entry with such particulars as would
ordinarily be made after shipment. The provision that the entry is
to be “ in such manner as they may direct • M does not confer the
power to require such further particulars, any more than the similar
words in Section 110 of the same Act, or Section 11 of the Act of
1881 which now takes its place.
(Signed) Richard E. Webster.
Robert B. Finlay.
Law Officers’ Department,
20th March 1899.

About this item

Content

The file consists of a letter from Richard Thomas Prowse, Secretary to the Board of Customs, to the Under Secretary of State for India concerning the question of whether the Customs Consolidation Act 1876, empowers the Board of Customs to require, under penalty, names of suppliers and consignees of arms, ammunitions, and munitions of war.

It includes a copy of the case as laid before the Law Officers of the Crown and their opinion.

Extent and format
1 file (3 folios)
Arrangement

The file consists of a single document.

Physical characteristics

Foliation: the foliation sequence for this description commences at f 73, and terminates at f 75, as it is part of a larger physical volume; these numbers are written in pencil, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Pagination: the file also contains an original printed pagination sequence.

Written in
English in Latin script
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'Arms Traffic in Persian Gulf. Supply of information by exporters to the Custom authorities' [‎75r] (5/6), British Library: India Office Records and Private Papers, IOR/L/PS/18/C92, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100036165017.0x000006> [accessed 28 March 2024]

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