Page images
PDF
EPUB

a collector or surveyor residing at such port, or within five miles thereof, he shall deliver such manifests to the collector, if there be one, otherwise to the surveyor, before whom he shall swear, to the best of his knowledge and belief, that the goods therein contained were legally imported, and the duties thereupon paid or secured; or, if spirits distilled within the United States, that the duties thereupon have been paid or secured; whereupon such collector or surveyor shall certify the same on the said manifests, one of which he shall return to the master, with a permit, specifying thereon, generally, the lading on board such vessel, and authorizing him to proceed to the port of his destination. And if any vessel, being laden and destined as aforesaid, shall depart from the port where she may then be, without the master having first made out and subscribed duplicate manifests of the lading on board such vessel, and, in case there be a collector or surveyor residing at such port, or within five miles thereof, without having previously delivered the same to such collector or surveyor, and obtaining a permit, in manner as is herein required, he shall pay one hundred dollars.(1)

1531. The master of every such vessel having on board either of the articles described in the last preceding article, and arriving from a district in one state, at a district in the same, or an adjoining state, on the sea coast, or on a navigable river, shall, previously to the unlading of any part of the cargo of such vessel, deliver to the collector, if there be one, or if not, to the surveyor residing at the port of her arrival, or if there be no collector or surveyor residing at such port, then to a collector or surveyor, if there be any residing within five miles thereof, the manifest of the cargo, certified by the collector or surveyor of the district from whence she sailed [if there be such manifest] otherwise the duplicate manifests thereof, as is hereinbefore directed, to the truth of which, before such officer, he shall swear. And if there have been taken on board such vessel, any other or more goods than are contained in such manifest or manifests, since her departure from the port from whence she first sailed, or if any goods have been since landed, the master shall make known and particularize the same to the collector or surveyor, or if no such goods have been so taken on board or landed, he shall so declare, to the truth of which he shall swear. Whereupon the collector or surveyor shall grant a permit for unlading a part, or the whole, of such cargo, as the master may request. And if there be no collector or surveyor, residing at, or within five miles of, the port of her arrival, the master of such vessel may proceed to discharge the lading from on board, but shall deliver to the collector or surveyor, residing at the first port where he may next afterwards arrive, and within twenty-four hours of his arrival, such manifest or manifests, noting thereon the times when, and places where, the goods, therein mentioned, have been unladen, to the truth of which, before the last mentioned collector or surveyor, he shall swear: and if the master of such vessel, so laden, shall neglect or refuse to deliver the manifest or manifests, at the times, and in the manner, herein directed, he shall pay one hundred dollars.(2)

1532. The master of every vessel licensed for carrying on the coasting trade, and being destined from any district of the United States, to a district other than a district in the same, or an adjoining state, on the sea coast, or on a navigable river, shall, previous to her departure, deliver to the collector residing at the port where such vessel may be, if there is one, otherwise to the collector of the district comprehending such port, or to a surveyor within the district, as the one or the other may reside nearest to the port at which such vessel may be, duplicate manifests of the whole cargo on board such vessel, or, if there be no cargo on board, he shall so certify, and if there be

(1) Act 18th February, 1793, sec. 14. (2) Ibid. sec. 15.

any distilled spirits, or goods, of foreign growth or manufacture, on board, other than what may, by the collector, be deemed sufficient for sea stores, he shall specify in such manifests the marks and numbers of every cask, bag, box, chest, or package, containing the same, with the name, and place of residence, of every shipper and consignee of such distilled spirits, or goods, of foreign growth or manufacture, and the quantity shipped by, and to each, to be by him subscribed, and to the truth of which he shall swear, and shall also swear before such collector or surveyor, that such goods of foreign growth or manufacture, were, to the best of his knowledge and belief, legally imported, and the duties thereupon paid or secured; or, if spirits distilled within the United States, that the duties thereupon have been duly paid or secured; upon the performance of which, and not before, the collector or surveyor shall certify the same on the said manifests; one of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the port of his destination. And if any such vessel shall depart from the port where she may then be, having distilled spirits, or goods, of foreign growth or manufacture, on board, without the several things herein required being complied with, the master thereof shall forfeit one hundred dollars; or if the lading be of goods, the growth or manufacture of the United States only, or if such vessel have no cargo, and she depart, without the several things herein required being complied with, the said master shall forfeit and pay fifty dollars.(1)

1533. The master of every such vessel arriving at any district of the United States, from any district, other than a district in the same, or an adjoining state, on the sea coast, or on a navigable river, shall deliver, to the collector residing at the port where she may arrive, if there be one, otherwise to the collector or surveyor of the district comprehending such port, as the one or the other may reside nearest thereto, if the collector or surveyor reside at a distance not exceeding five miles, within twenty-four hours, or, if at a greater distance, within forty-eight hours, next after his arrival, and previous to the unlading any of the goods brought in such vessel, the manifest of the cargo, if there be any, certified by the collector or surveyor of the district from whence she last sailed; and shall make oath before the collector or surveyor, that there was not, when he sailed from the district where his manifest was certified, or has been since, or then is, any more, or other goods, of foreign growth or manufacture, or distilled spirits, [if there be any, other than sea stores, on board such vessel] than is therein mentioned; and if there be no such goods, he shall so swear; and if there be no cargo on board, he shall produce the certificate of the collector or surveyor of the district from whence she last sailed, that such is the case: Whereupon such collector or surveyor shall grant a permit for unlading the whole, or part, of such cargo, [if there be any] within his district, as the master may request; and where a part only of the goods, of foreign growth or manufacture, or of distilled spirits, brought in such vessel, is intended to be landed, the collector or surveyor shall make an endorsement of such part, on the back of the manifest, specifying the articles to be landed; and shall return such manifest to the master, endorsing also thereon his permission for such vessel to proceed to the place of her destination, and if the master shall neglect or refuse to deliver the manifest, [or, if she has no cargo, the certificate,] within the time herein directed, he shall forfeit one hundred dollars; and the goods, of foreign growth or manufacture, or distilled spirits, found on board, or landed from such vessel, not being certified, as is herein directed, shall be forfeited; and if the same shall amount to eight

(1) Act 18th Feb. 1793, sec. 16.

hundred dollars, such vessel, with her tackle, apparel, and furniture, shall be also forfeited.(1)

1534. The master of such licensed vessel bound from a district in one state, to a district in the same, or an adjoining state, on the sea coast, or on a navigable river, having on board goods, of the growth, product, or manufacture, of the United States only, [except distilled spirits,] or distilled spirits, not more than five hundred gallons, wine, in casks, not more than two hundred and fifty gallons, or in bottles, not more than one hundred dozens, sugar, in casks or boxes, not more than three thousand pounds, tea, in chests or boxes, not more than five hundred pounds; coffee, in casks or bags, not more than one thousand pounds, or foreign merchandise, in packages, as imported, of not more value than four hundred dollars, or goods, wares, or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value shall not be more than eight hundred dollars, shall not be required to deliver a manifest thereof, or obtain a permit, previous to her departure, or, on her arrival within such district, to make any report thereof; but such master shall be provided with a manifest, by him subscribed, of the lading, of what kind soever, which was on board such vessel at the time of his departure from the district from which she last sailed; and if the same, or any part of such lading, consists of distilled spirits, or goods, of foreign growth or manufacture, with the marks and numbers of each cask, bag, box, chest, or package, containing the same, with the name of the shipper and consignee of each; which manifest shall be by him exhibited, for the inspection of any officer of the revenue, when, by such officer, thereunto required; and shall also inform such officer, from whence such vessel last sailed, and how long she has been in port, when by him so interrogated. And if the master of such vessel shall not be provided, on his arrival within any such district, with a manifest, and exhibit the same, as is herein required, if the lading of such vessel consist wholly of goods, the produce or manufacture of the United States, [distilled spirits excepted,] he shall forfeit twenty dollars; or, if there be distilled spirits, or goods, of foreign growth or manufacture, on board, excepting what may be sufficient for sea stores, he shall forfeit forty dollars; or, if he shall refuse to answer the interrogatories truly, as is herein required, he shall forfeit the sum of one hundred dollars. And if any of the goods laden on board such vessel, shall be of foreign growth or manufacture, or of spirits distilled within the United States, so much of the same as may be found on board such vessel, and what shall not be included in the manifest exhibited by such master, shall be forfeited.(2)*

1535. When any registered vessel shall be employed in going from any one district in the United States, to any other district, such vessel, and the master thereof, with the goods she may have on board, previous to her departure from the district where she may be, and also upon her arrival in any other district, shall be subject, [except as to the payment of fees,] to the same regulations, provisions, penalties, and forfeitures, and the like duties are imposed on like officers, as is provided by articles 1532, 1533, for vessels licensed for carrying on the coasting trade: Provided, however, That nothing herein contained shall be construed to extend to registered vessels of the United (1) Act 18th Feb. 1793, sec. 17.

(2) Ibid. sec. 18.

• Where goods taken on board without permit or inspection, of a greater value than $400, are proved to have been taken on board, at different times and places, and at no one time to the amount of $400, the different ladings make one transaction and one offence, and the vessel, &c. is liable to forfeiture.-United States v. The Polly and Jane. 2 Hall's Am. L. J. 458.

States, having on board goods of foreign growth or manufacture, brought into the United States in such vessel from a foreign port, and on which the duties have not been paid, or secured, according to law.(1)

1536. The master of every foreign vessel, bound from one to another district within the United States, shall in all cases, previous to her departure, deliver to the collector duplicate manifests of the lading on board, if there be any, or if there be none, shall declare that such is the case, and shall swear to the truth of such manifests or declaration, and obtain from the collector a permit authorizing him to proceed to the place of his destination. And on his arrival within one district from another district, shall in all cases, within forty-eight hours after his arrival, and previous to the unlading any goods, deliver to the collector of the district where he may have arrived, a manifest of the goods on board, if any there be, or if in ballast only, shall so declare; and he shall swear to the truth of such manifest and declaration, and that the manifest contains an account of all the goods which were on board at the time of, or have been since, her departure from the place whence such vessel shall be reported last to have sailed; and he shall deliver to the collector, the permit given to him by the collector of the district whence he sailed. And if such master shall neglect or refuse to comply with any requirement herein made, he shall forfeit one hundred dollars. But nothing herein contained shall affect the payment of tonnage or other requisition to which such vessels are subject by the laws of the United States.(2)

1537. If the master of any vessel employed in the transportation of goods from district to district, having on board goods of foreign growth or manufacture, or distilled spirits, shall, on his arrival at the port to which he was destined, have lost or mislaid the certified manifest of the same, or the permit which was given therefor, by the collector or surveyor of the district from whence he sailed, the collector of the district where he shall so arrive shall take bond for the payment of the duties on such goods of foreign growth or manufacture, or distilled spirits, within six months, in the same manner as though they were imported from a foreign country: But such bond shall be cancelled if the master shall deliver to the collector taking it, within the term therein limited for payment, a certificate from the collector or surveyor of the district whence he sailed, that such goods were legally exported in such vessel from such district.(3)

1538. The master of every such vessel that shall put into a port other than that to which she was bound, shall within twenty-four hours after her arrival, if there be an officer residing at such port, and she continue there so long, report to such officer his arrival, the place whence he came, and that to which she is bound; with an account of her lading; and if he neglect or refuse so to do, he shall forfeit twenty dollars.(4)

1539. Coasting vessels going from Long Island, in the State of New York, to the State of Rhode Island, or from the State of Rhode Island to Long Island, shall have the same privileges as vessels under like circumstances going from a district in one state, to a district in the same, or an adjoining state.(5)

1540. The collector of the district of Pennsylvania may grant permits for the transportation of goods of foreign growth or manufacture, across the State of New Jersey, to the district of New York, or across the State of

(1) Act 18th Feb. 1793, sec. 20. (2) Ibid. sec. 24.

(3) Ibid. sec. 23.

(4) Ibid. sec. 22.

(5) Act 2d March, 1795, sec. 1.

Delaware, to any district in the State of Maryland or Virginia; and the collector of the district of New York may grant like permits, for the transporta. tion across the State of New Jersey; and the collector of any district of Maryland or Virginia may grant like permits, for the transportation across the State of Delaware, to the district of Pennsylvania.(1)

Every such permit shall express the name of the owner or person sending such goods, and of those to whom they shall be consigned; the marks, numbers, and description on the packages, and the kind of goods contained therein, and the date when granted. And the owner or person sending such goods, shall swear that they were legally imported, and that the duties thereon were paid or secured.(1)

1541. The owner or consignee of such goods, shall within twenty-four hours after their arrival at the place to which they were permitted to be transported, report the same to the collector of the district in which they shall so arrive, and shall deliver up the permit accompanying them: and if he shall neglect or refuse to make due entry of such goods, within the time and in the manner herein directed, they shall be subject to forfeiture; and if such permit shall not be given up within the time limited for making such report, the person to whom it was granted shall forfeit fifty dollars for every twenty-four hours it shall be withheld afterwards.(1) But where the goods so to be transported shall be of less value than eight hundred dollars, such oath and permit shall not be requisite, nor shall the owner or consignee be obliged to make report to the collector of the district, where the goods shall arrive.(1)*

1542. The fees for the several duties and services to be performed under the enrolment and license acts shall be as follows:

For admeasuring every vessel, in order to the enrolment, or licensing and recording thereof, if of the burthen of five tons, and less than twenty tons, fifty cents; if of twenty tons, and not exceeding seventy, seventy-five cents; above seventy tons, and not exceeding one hundred tons, one hundred cents; if above one hundred tons, one hundred and fifty cents.

For every certificate of enrolment, fifty cents:

For every endorsement on a certificate of enrolment, twenty cents:

For every license, and granting the same, including the bond, if not exceeding twenty tons, twenty-five cents; if above twenty, and not more than one hundred tons, fifty cents; and if more than one hundred tons, one hundred cents:

For every endorsement on a license, twenty cents:

For certifying manifests, and granting a permit for a licensed vessel to proceed from district to district, twenty-five cents, if less than fifty tons; and if above fifty tons, fifty cents:

For receiving a certified manifest, and granting a permit on the arrival of such vessel, twenty-five cents, if less than fifty tons; and if above fifty tons, fifty cents :

(1) Act 18th February, 1793, sec. 19.

* Goods of foreign manufacture, imported into the district of Maryland, where the duties were paid or secured, being afterwards carried by the owner across the State of Delaware to Philadelphia, without leave or permit, from the collector of the port of Baltimore, such goods not belonging to the master, owner, or any mari. ner of the vessel in which they were imported into Baltimore, and the owner of the goods being neither owner, captain, nor mariner, of the packets engaged in the transportation, are forfeitable to the United States under the 19th section of the act of 1793, and the 33d section of the same act, will not prevent the forfeitureits provisions do not refer to the 19th section.-Priestman v. United States. Dall. 28.

4

« ՆախորդըՇարունակել »