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case may be) and that they were truly exported and imported as therein expressed, and that no drawback, bounty, or allowance, has been paid or admilted thereon, or any part thereof. So help me God. A B. Sworn 10. And if the collector, who may re- Certificate of ceive the entry aforesaid, shall be other ihan the collector of the exportation to district from which the said articles shall have been exported, if other, Sc.

, a certificate of the latier shall be produced to the former, testifying the exportation thereof; the form of which shall be as follows: District of

-, port of

- This is to certify, that Form of certifithere were cleared out at ibis pori, on the [insert the day of cate of exporclearance) in the [insert the denomination and name of the ves. mestic producsel] whereof [insert the name] was master, for (insert the port tions returned, or place for which cleared] the following articles of merchandise &c. [here enumerate the number of packages, their denominations, marks, and numbers, logether with their contents] on which no drawback, allowance, or bounty, hath been paid or admitted. A B, collector. CD, naval officer. Whereupon a permit shall and may be granted for landing the same. Provided, That if the Proviso ; as to said certificate cannot be immediately produced, and if the proof bond, &c. in otherwise required shall be made, a bond shall and may be given cannot be time in the following form, with one or more sureties, to the satisfac- mediately protion of the collector of the district within which the said articles duced, &c. are intended to be landed, in a sum equal to what the duties would be on the said articles, if they were not of the growth, product, or manufacture, of the United States : Know all men Form of the by these presents, lhat we [insert the name of the principal and bond, to be givsurelies) are beld and firmly bound unto the United Siates of en in case the America, in the sum of

to be paid to the said United certificate can

not be produce Stales, for which payment, well and truly 1o be made, we bind ed. ourselves, our beirs, executors, and administrators, jointly and severally, firmly, by these presents. Sealed with our seals, and dated this day of

in the

year of the independence of the United States, and in the year of our Lord one thousand seven bundred and ninety

Whereas has this day made entry at the customhouse of the port of of the following articles, viz: [here particularize the packages, marks, numbers, and contents) as per entry, by him subscribed: and hath likewise sworn, (or affirmed,) before the collector of the said port, that the said articles are of the growth, product, or manufacture, of the United States, and that they were exported froin the district of —, in the whereof ler, on or about the and whereas the duties on the aforesaid articles, if of foreign growth or importation, would amount to the aforesaid sum of —: The condition, therefore, of tbis obligation is such, that if the above bounden do, within six months from the date hereof, produce, or cause to be produced, to the collector of the district of - a certificate, under the hand and seal of the collector (and naval officer, if any) of the aforesaid port of — of the said articles having been actually exported from thence, as herein set forth, subject to no drawback, bounty, or allowance, then this obligation io be void, and of no effect, otherwise it shall be and remain in full force and virtue. Sealed and delivered in the presence of

And, upon receiving Permit for

landing on re

was mas.

ceiving a bond, a bond as aforesaid, it shall be lawful for the said collector, and &c.

naval officer, where any, to grant a perniit for landing of the said articles, in like manner as if the said certificale liad been pro

duced; and, in default of such certificare being produced, within Payment of the bord to be the time limited in such bond, the collector taking the same is enforced, in required and enjoined to enforce the payment thereof, as in the default, &c.

case of other bonds laken for duties on goods, wares, and mer.

chandise, imported into the United States. Oaths to be administered

§ 49. That all onths or affirmations to be taken, upon making by the collec- of any of the reports or eniries, or respecting any of the acts tors,reduced to herein mentioned, whether by the master, or other person having writing, subscribed, &c.

the charge or command of any ship or vessel, or the owner or consignee of any goods, wares, or merchandise, his or her factor, or agent, or by any other person, shall be administered by the

collector, or officer to or with whom report or entry shall be Collector, &c.

made, and shall be reduced to writing, and subscribed by the to estimate du- person swearing or affirming, and also by the person administer. ties, &c. ing the said oaths or affirmations. And the collector, jointly

with the naval officer, or alone where there is none, shall, according to the best of his or their judgment or information,

make a gross estimale of the amount of the duties on the goods, Estimate to be

wares, or merchandise, 10 wbich the entry of any owner or conendorsed upon the entry, &c. signee, his or her factor or agent, shall relate, which estimate

shall be endorsed upon such eniry, and signed by the officer or The amount of officers making ihe same. And the ainount of the said estimated duties being paid, or secur.

duties having been first paid, or secured to be paid, pursuant to ed, permit to the provisions of this aci, ihe said collector shall, together with be granted, thie naval officer, where there is one, or alone where there is

none, grant a permit to land the goods, wares, and merchandise,

whereof entry shall have been so made, and.ihen, and not hesore, Permits to it shall be lawful to land the said goods; and all permits sball specify the

specify, as particularly as may be, the goods to be delivered, goods to be delivered, &c. namely, the number and description of the packages, whether

trunk, bale, chesi, box, case, pipe, hogshead, barrel, keg, or any of her packages whatever, with the mark and number of each package, and, as far as circumstances will admii, the contents

ilereof, together with the names of the vessel and master, in Nogoods to be wbich, and ibe place from whence, they were imported ; and no delivered that goods, wares, or merchandise, shall be delivered by an inspectdo not agree

or, or other officer of the customs, that shall not fully agree mit.

with the description thereof in such permit; and the form of all permits, for the purposes a foresaid, and for deliveries from the public stores, shall be as follows: Port of

To the inspecto ors of the port (or) the keeper of the public store (as the case Form of per- may require.) We certify, that [insert the name of the actual mit.

owner, or consignee] has paid, (or) secured to be paid, (as the case may be,) the duties on merchandise contained in the following packages, in conformity to the entry thereof of this date, which merchandise was imporied in the Linsert the denomination and name of the vessel, naster's name, and le port from which arrived) permission is accordingly hereby given to land, (or) de. liver, the same, viz: [here particularly insert the mark, number, and denomination, of each package, and, as far as may be, their

&c.

with the per

&c.

&c.

contents, noting those articles that are to be either weighed, gauged, or measured.) A B, collector. CD, naval officer.

§ 50. That no goods, wares, or merchandise, brought in any No goods, &c. ship or vessel from any foreign port or place, ehall be unladen to be delivered or delivered from such ship or vessel, within the United States, but in open but in open day, that is to say, between the rising and setting of day; &c ex: the sun, except by special license from the collector of the port, cial license, and naval officer of the same, where there is one, for that purpose, nor at any time without a permit from the collector, and naval officer, if any, for such unlading or delivery; and if any No delivery of goods, wares, or merchandise, shall be uoladen or delivered from goods at any

lime without a any such ship or vessel, contrary to the direction aforesaid, or

permit, &c. any of them, ihe master, or person having the charge or com- 400 dolls. formand of such ship or vessel, and every other person who shall feit, and disaknowingly be concerned, or aiding, therein, or in removing, stor. bility, for un. ing, or otherwise securing, the said goods, wares, or merchan- bading or delidise, shall forfeil and pay, each and severally, the sum of four &c. contrary hundred dollars for each offence, and shall be disabled from to direction, holding any office of trust or profit under the United States, for

The collectors a term not exceeding seven years; and it shall be the duty of to advertise the collector of the district, lo advertise the names of all such the names of persons in a newspaper, printed in the state in which he resides, offenders, &c. within twenty days after each 'respective conviction; and all fully delivergoods, wares, or merchandise, so unladen or delivered, shall be- ed, forfeited, come forfeited, and may be seized by any of the officers of the &c.

Where the va. customs; and where the value thereof, according to the highest lue of goods, market price of the same, at the port or districi where landed, unlawfully deshall amount to four hundred dollars, the vessel, tackle, apparel, livered, and furniture, shall be subject to like forfeiture and seizure.

§ 51. That no goods, wares, or merchandise, brought in any sel, &c. is sub. ship or vessel, from any foreign port or place, requiring to be ject to forfeitweighed, gauged, or measured, in order io ascertain the duties ure.

Goods, &c. not thereupon, shall, without the consent of the proper officer, be re- to be removed moved from any wharf, or place, upon which the same may be before they are landed; or put, before the same shall have been so weighed, gaug- without cons ed, or measured ; and, if spirits, wines, teas, or sugars, before the proof, or quality, and quantity, thereof is ascertained and marked thereon, by or under the direction of the proper officer for that purpose ; and if any such goods, wares, or merchandise, Goods, &c. reshall be removed froin such wharf or place, unless with the con- moved without sent of the proper officer had and obtained, before the same fore weighing, shall have been so weighed, gauged, or measured : and, if spiriis, &c. forfeited, wines, teas, or sugars, before the proof, or quality, and quantity, &c. shall have been so ascertained and marked, the same shall be forfeited, and may be seized by any officer of the custoins or inspection.

§ 52. That all goods, wares, or, merchandise, of which entry Goods incomshall have been made, incomplete, or without the specification of plete in the enparticulars, either for want of the original invoice or invoices, or aged, &c. to be for any other cause, or which shall have received damage during stored, &c. at the voyage, to be ascertained by the proper officers of the port or district in which the said goods, wares or merchandise, shall and risk of the arrive, shall be conveyed to some warehouse or storehouse, to until, &c. VOL. I.

78

amount to 400 dolls. the ves.

sent, &c.

the expense

ment.

be designated by the collector, in the parcels or packages con. laining the same, there to remain, with due and reasonable care, at the expense and risk of the owner or consignee, under the care of some proper officer, until the particulars, cost, or value, as the case may require, shall have been ascertained, either by the exhibition of the original in voice or invoices thereof, or by appraisement, at the option of the owner, importer, or consignee, in manner hereafter provided, and unuil the duties thereon shall

have been paid, or secured to be paid, and a permit granied by Appraisers to the collector for the delivery ihereof. And for the appraisement be appointed, of goods, wares, and merchandi-e, not accompanied with the for the valua: original invoice of their cosi, or to ascertain the damage thereon tion of goods received during the voyage, it shall be livsul for the collector, not accompa- and, upon request of the party, he is required, to appoint one voice, or dam- merchant, and the owner, importer, or consignee, 10 appoint anaged, &c.

other, who shall appraise or value ihe said goods, wares, or mer. Appraisement chandise, accordingly; which appraisement shall be subscribed to be subscribe by the parties making the same, and be verified, on oath or afed, verified, &c.

firmation, before the said collector ; which oath or affirmation Form of oath shall be in the form following, 10 wii: We, [insert the names of to appraise

the persons] appointed by the collector of [here insert the name of the port or district] and [here insert the name or names of the importer or importers) to ascertain the conlents, and appraise the value of the merchandise contained in the several packages describ. ed in the within, or annexed, entry or account, do solemnly, sincerely, and truly, swear (or affirm) ihat the several articles detailed in the annexed appraisement, subscribed with our names, contains a full and true account of all the merchandise whatsoever contained in the several packages mentioned in such entry or account, and that the several prices, by us affired to each article, are,

10 the best of our skill and judgment, the true and actual value or The apprais- cost thereof, al the place of exportation. So help us God. And in tain and cerii respect to articles that have been damaged during the voyage, fy, the rate of as aforesaid, whether subject to a duty ad valorem, or which are damage sus- chargeable with a specific duy, either by number, weight, or tained by nieasure, ihe appraisers, as aforesaid, shall, in like manner, as. goods, &c. Rate of da

ceriain and certisy, 10 whai rate or per centage the said goods, mage to be de. wares, or merchandise, are damaged, and the rate or per ceni.

age of damage, so ascertained and certified, shall be deducted the original

froin the original amount subject to a duly ad valorem, or from

the actual or original number, weighil, or measure, on which speProviso ; no

cific duties would have been computed : Provided, That no alallowance for lowance for the damage on any goods, wares, and merchandise, damage on

that have been enlered, and on which the duties have been paid, goods entered,

or secured to be paid, and for which a permit has been granted proof, &c be

1o the owner or consignee thereof, and which may, on examining lodged within the snme, prove to be damaged, shall be made, unless proof, 10 ten days, &c.

ascertain such damage, shall be lodged in the custom house of the port or place where such goods, wares, or merchandise, have

been landed within ten days after the landing of such merchanPersons ap

dise. And every person who shall be appointed to ascertain the pointed to as damage, during the voyage, of any goods, wares, or merchandise, certain da

shall cake and subscribe an oath or affirmation, in the following mage, to take en aaih, nr.

ducted from

amount, &c.

&c. unless

form, to wit: We, [insert the names of the persons] appointed by Form of the the collector of the district of [insert the name of the district) and oath in case of linsert the name or mumes of the owner or owners, consignee or damage, &c. consignees) to ascertain and appraise the damage sustained on merchandise imporled by [insert the name or names of the import. er or importers] in the [insert denomination and name of the vessel] whereof [insert the name) is master, from [insert the port or place from which imported] do solemnly, sincerely, and truly, swear, (or affirm,) that we have carefully examined the several packages hereafter enumerated and described, and find the several articles of merchandise, as particularly detailed, contained in the said packages, to have received damage, as we believe, during the voyage of importation, and that the allowance by us made for such damage, is, to the best of our skill and judgment, just. So help us God.

§ 53. That it shall be lawful for the collector of any district Collectors and at which any ship or vessel may arrive, and immediately on her surveyors may first coming within such district, and for the surveyor of any on board ves. port where such ship be, 10 put and keep on board such ship or sels arriving, vessel, whilst remaining within such district, or in going from &e. one district to another, one or more inspectors, lo examine the cargo, or contents, of such ship or vessel, and to superintend the delivery thereof, or of so much ibereof as shall be delivered within the United States, and to perform such other duties, according to law, as they shall be directed, by the said collector or surveyor, to perform, for the beller securing the collection of the duties : Provided, Tbal collectors only shall have power 10 Proviso; col. pul on board ships or vessels, inspectors to go from one district lectors only

empowered to to another: And the said inspector or inspectors shall make

put inspectors known, to the person having the charge or command of such on board from ship or vessel, the duties he or they, is or are, so to perform; one district to and shall suffer no goods, wares, or merchandise, of any nature Duties of in. or kind whatsoever, to be landed or unladen, or otherwise taken spectors put or removed froin such ship or vessel, without a permit, in writ. on board ves.

sels arriving, ing, from the collector of the port, and naval officer thereof,

&c. where any, first had and granted for that purpose : and the inspector aforesaid sball enter, in a book, to be by him, or each of them, kept according to such a form as shall be prescribed or approved by the collector, the name or names of the person or persons in whose behalf such permits are granted, together with the particulars therein specified, and the marks, numbers, kinds, and description, of the respective packages, wbich shall be una laden pursuant thereto, and shall keep a like account in the said book of all goods, wares, and merchandise, which, not having been entered within the time limited by this aci, or for some other cause, bave been sent to the store or warehouse, provided for the reception of such goods, wares, or merchandise : which book shall be delivered to the surveyor in the inonth of January, in every year, for his inspection, and, immediately after such inspec. tion, be transmitted by the surveyor, with such observations as he may think necessary thereon, to the collector, to be deposited in his office. And it shall be the duty of the said inspector or inspectors, to aliend to the delivery of the cargo or cargoes

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