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ART. 2056. All distilled spirits, wines, and teas, shall be landed under the inspection of the surveyor, or other officer, acting as inspector of the revenue for the port, and such of the inspectors of the customs as shall be deputed by him for that purpose, and not otherwise, on pain of forfeiture thereof; for which purpose such officer or officers shall, at all reasonable times, attend. But this shall not be construed to exclude the inspection of any officer of the customs, as now or heretofore practised.(1)

2057. The officers of inspection of any port where distilled spirits, wines, or teas, shall be landed, shall, upon the landing thereof, and as soon as the casks, chests, vessels, and cases containing them, shall be inspected, gaug. ed, or measured, brand, or otherwise mark, in durable characters, the several casks, chests, vessels, and cases, containing the same; and such marks shall express the number of casks, chests, vessels, or cases, whether of spirits, wines, or teas, marked by each officer, respectively, in each year, in progressive numbers, for each of such articles; the port of importation, the name of the vessel, and the surname of the master; each kinds of spirits, wines, or teas, for which different rates of duty are or shall be imposed; the number of gallons in each cask or case, if spirits or wines; the rate of proof, if spirits, and the number of pounds' weight, if teas; the name of the surveyor or chief officer of inspection for the port, and the date of importa tion; of all which particulars the chief officer of inspection shall keep fair and correct accounts, in books to be provided for that purpose.(2) (See note.)

2058. The surveyor, or chief officer of inspection, within the port in which such spirits, or teas, shall be landed, shall give to the proprietor, importer, or consignee thereof, or his agent, a certificate, to remain with him, of the whole quantity of such spirits, or teas, which shall have been so landed; which certificate, besides the quantity, shall specify the name of such proprietor, importer, consignee, or agent, and of the vessel from on board which, such spirits, or teas, shall have been landed, of the marks of each cask, chest, vessel, or case, containing the same.(3)* For form of certificate, see Appendix, No. 53.

2059. Such surveyor shall, in addition to the general certificate, give to the proprietor, importer, or consignee, of any distilled spirits, or teas, or his agent, a particular certificate, which shall accompany each cask, chest, vessel or case, of distilled spirits, or teas, wherever the same may be sent, within the limits of the United States, as evidence that it has been lawfully imported.(4)* For form of certificate, see Appendix, No. 54.

2060. The supervisors of the several districts shall provide blank certifi cates, under such checks and devices as shall be prescribed by the proper officers of the treasury, and shall number, sign, and deliver them to the officers who may perform the duties of inspectors of the revenue, for the several ports in their respective districts, which blank certificates shall be filled up and countersigned by the inspectors of the revenue, who shall be accounta

(1) Act 2d March, 1799, sec. 38. (2) Ibid. sec. 39.

(3) Ibid. sec. 40.
(4) Ibid. sec. 41.

By Act 14th July, 1832, sec. 5, "So much of any existing law as requires teas when imported in vessels of the U. S. from places beyond the Cape of Good Hope to be weighed, marked and certified," is repealed. And by Act of 4th July, 1836, "so much of the Act of 2d March, 1799, as requires that the surveyor or chief officer of any port, where wines may be landed, shall give to the proprietor, importer or consignee thereof, or his or her agent, a certificate as mentioned in the 40th and 41st section of said act, is repealed." We have therefore omitted the word, "wines" from those sections. (Articles 2058, 2059.)

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ble therefor to the supervisors; and such inspectors shall make regular and exact entries of all certificates which shall be so granted as particularly as therein described.(1)*

2061. The proprietor, importer, or consignee, or his agent, who may receive such certificates, shall, upon the sale or delivery of any of the said spirits, or teas, deliver to the purchaser or purchasers thereof, the certificate or certificates which ought to accompany the same, on pain of forfeiting the sum of fifty dollars for each cask, chest, vessel, or case, with which such certificate shall not be delivered: And if any casks, chests vessels, or cases, containing distilled spirits, or teas, which, by the foregoing provisions ought to be marked and accompanied with certificates, shall be found in the possession of any person unaccompanied with such marks and certificates, it shall be presumptive evidence that the same are liable to forfeiture; and any officer of the customs, or of inspection, may seize them as forfeited: and if, upon the trial, in consequence of such seizure, the owner or claimant of the spirits, or teas, seized, shall not prove that the same were imported into the United States according to law, and the duties thereupon paid or secured, they shall be adjudged to be forfeited.(2)†

2062. On the sale of any cask, chest, vessel, or case, which shall be so marked, as containing distilled spirits, or teas, and which has been emptied of its contents, and prior to the delivery thereof to the purchaser, or any removal thereof, the marks and numbers, which shall have been set thereon, by the direction of any officer of inspection, shall be defaced and obliterated in the presence of some officer of inspection, or of the customs, who shall, on due notice being given, attend for that purpose, at which time the certificate which ought to accompany such cask, chest, vessel, or case, shall also be returned and cancelled: And every person who shall obliterate, counterfeit, alter, or deface, any mark or number, placed by an officer of inspection, upon any cask, chest, vessel, or case, containing distilled spirits,

(1) Act 2d March, 1799, sec. 42.

(2) Ibid. sec. 43.

• The duties imposed on the supervisors of the revenue, are by the act of 6th April, 1802, sec. 7, transferred to such collectors as the secretary of the treasury may designate.

† Goods saved from a wreck and landed, are not liable to forfeiture, under the foregoing article, because unaccompanied by the marks and certificates required by that act, nor because removed without the consent of the collector, before the quantity and quality were ascertained, and the duties paid.-Piesch v. Ware, 4 Cr. 347.

To authorize the seizure and bringing to adjudication of teas, under the foregoing section, (43 of act 1799) it is necessary, not only that the chests should be unaccompanied by the proper certificate, but also be without the marks required by the 39th section, article 2057, supra.-United States v. 350 chests tea, 12 Wheat. 486. 1 Paine, 499, S. C.

And it is not a cause of forfeiture under such 43d section that the casks which are marked and accompanied with the certificates required by the act, contain other spirits than that which was originally imported in the casks: or spirits which had not been imported into the United States; the government having nothing in view but the security of its own revenue, does not interfere with those devices of the mercantile world, which look only to individual profit, without defrauding the government.-United States v. 60 pipes brandy, 10 Wheat. 421.

The law requires three circumstances, united, to make a case of forfeiture.-1, That the cask shall contain distilled spirits; 2, That it shall be one required by the law to be marked, and accompanied with a certificate, that is, one that has been used for foreign spirits; 3, That it should be found in possession of some person unaccompanied with the legal mark and proceedings.—Ibid.

or teas, or any certificate thereof; or who shall sell, or in any way alienate or remove, any cask, chest, vessel, or case, which has been emptied of its contents, before the marks and numbers, set thereon pursuant to the provi sions aforesaid, shall have been defaced, or obliterated, in presence of an officer of inspection, or who shall neglect or refuse to deliver the certificate issued to accompany the cask, chest, vessel, or case, of which the marks and numbers shall have been defaced or obliterated, on being thereto required by an officer of inspection or of the customs, shall, for each offence, forfeit and pay one hundred dollars, with costs of suit.(1)


2063. 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 estimate of the amount of the duties on the goods, to which the entry of any owner or consignee, his factor or agent, shall relate, which estimate shall be endorsed upon such entry, and signed by the officer offi. cers making it. And the amount of the estimated duties having been first paid, or secured to be paid, pursuant to the provisions of this act, the said collector shall, together with the naval officer, where there is one, or alone where there is none, grant a permit to land the goods, whereof entry shall have been so made, and then, and not before, it shall be lawful to land such goods; and all permits shall specify, as particularly as may be, the goods to be delivered, namely, the number and description of the packages, whether trunk, bale, chest, box, case, pipe, hogshead, barrel, keg, or any other packages whatever, with the mark and number of each package, and, as far as circumstances will admit, the contents thereof, together with the names of the vessel and master, in which, and the place from whence, they were imported; and no goods shall be delivered by any inspector, or other officer of the customs, that shall not fully agree with the description thereof in such permit.(2)

For the form of permits, for the purposes aforesaid, see Appendix, No. 55. 2064. The collector of any district at which any vessel may arrive, immediately on her first coming within such district, and the surveyor of any port where such ship may be, may put and keep on board such vessel, whilst remaining within such district, or in going from one district to another, one or more inspectors, to examine the contents of such vessel, and to superintend the delivery thereof, or of so much thereof as shall be delivered within the United States, and to perform such other duties, according to law, as they shall be directed, by the collector or surveyor, for the better securing the collection of the duties.(3)

2065. Collectors only shall have power to put on board vessels, inspec. tors to go from one district to another; and such inspector or inspectors shall make known, to the person having the charge or command of such vessel, the duties they are to perform; and shall suffer no goods, of any nature what soever, to be unladen from such vessel, without a permit in writing, from the collector of the port, and naval officer thereof, where any, first had and granted for that purpose: and such inspectors aforesaid shall enter in a book, to be by them kept, according to such a form as shall be approved by the col lector, the names of the 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, which shall be unladen pursuant thereto, and shall keep a like account in such book of all goods, which, not having been entered within the time limited by law, or for some other cause, have been sent to the store or warehouse, provided for the reception of such goods, which book shall be delivered to the surveyor in the month of January,

(1) Act 2d March, 1799, sec. 44. (2) Ibid. sec. 49.

(3) Ibid. sec. 53.

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in every year, for his inspection, and, immediately after such inspection, be transmitted by the surveyor, with such observation as he may think necessary thereon, to the collector, to be deposited in his office.(1)

2066. Such inspectors shall attend to the delivery of the cargoes under their care, at all times when the unlading or delivery of goods is lawful, particularly from the rising till the setting of the sun, on each day, Sundays and the fourth day of July, in each year, excepted; for which purpose they shall constantly attend and remain on board the vessel, the deliveries from which they are to superintend, or at any other stations where their inspection is necessary: and such inspectors shall not quit such stations, without leave of the surveyor of the port first had and obtained for that purpose, who shall appoint another inspector, if he shall judge it necessary, to supply the place of such inspector or inspectors, during his or their absence; and any inspector who shall neglect, or in any manner act contrary to the duties hereby enjoined, shall, for the first offence, forfeit and pay the sum of fifty dollars, and for the second offence, shall be displaced, and be incapable of holding any station of trust or profit under the revenue laws of the United States, for a term not exceeding seven years.(1)

2067. No inspector shall perform any other duties or service, on board any vessel, the superintendence of which is committed to him, for any person or persons whatever, other than what is required by law, under the penalty of being disabled from acting any longer as an inspector of the customs; and the wages or compensation of such inspector or inspectors, as may proceed from one district to another, shall be defrayed by the master of the vessel committed to his care; and every inspector, or other officer of the revenue, while performing any duty on board any vessel, not in a port of the United States, discharging her cargo, shall be entitled to receive, from the master of such vessel, such provisions and accommodations as are usually supplied to passengers, or as the state and condition of such vessel will admit, on receiving therefor fifty cents per diem; and any master of any vessel, who shall refuse such provisions and reasonable accommodations, shall forfeit and pay one hundred dollars.(1)

2068. No goods, brought in any vessel from any foreign place, may be unladen within the United States, but between the rising and setting of the sun, except by special license from the collector of the port, and naval officer, where there is one, nor at any time without a permit from the collector, and naval officer, if any, for such unlading; and if goods shall be unladen from any such vessel, contrary to the direction aforesaid, the master, and every other person who shall knowingly be concerned, or aiding therein, or in removing, storing, or otherwise securing, such goods, shall forfeit and pay, each and severally, the sum of four hundred dollars for each offence, and shall be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years; and the collector of the district shall advertise the names of all such persons in a newspaper, printed in the state in which he resides, within twenty days after each respective conviction; and all goods, so unladen or delivered, shall become forfeited, and may be seized by any of the officers of the customs; and where the value thereof, according to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel, and furniture, shall be subject to like forfeiture and seizure.(2)*

(1) Act 2d March, 1799, sec. 53.

(2) Ibid. sec. 50.

In an information under this article it is necessary to allege that the goods were unladen in some port or place within a collection district, without a permit from the collector of that port or district.—United States v. Burnham, 1 Mason, 57.

2069. No goods, brought in any vessel, from any foreign place, requiring to be weighed, gauged, or measured, in order to ascertain the duties thereupon, shall, without the consent of the proper officer, be removed from any wharf, or place, upon which they may be landed, before they shall have been so weighed, gauged, 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 shall be removed from such wharf or place, unless with the consent of the proper officer had and obtained, before the same shall have been so weighed, gauged, or measured; and if spirits, wines, teas, or sugars, before the proof, or quality, and quantity, shall have been so ascertained and marked, the same shall be forfeited, and may be seized by any officer of the customs.(1) See note page 572.

2070. All collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters, may go on board of vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests, and of examining and searching such vessels; and such officers, respectively, shall have free access to the cabin, and every other part of a vessel; and if any box, trunk, chest, cask, or other package, shall be found in the cabin, steerage, or forecastle, of such vessel, or in any other place, separate from the residue of the cargo, it shall be the duty of such officer to take a particular account thereof, and of the marks and numbers

(1) Act 2d March, 1799, sec. 51.

But it will be sufficient if the case be such, to allege the port or district to be to the attorney unknown-Ibid. Lock v. United States, 7 Cr. 339.

And in a libel it is not necessary to allege the goods to be of foreign growth or manufacture.-The Betsy, 1 Mason, 354.

The penalty of this article applies to goods, the importation of which is prohibited by law if landed without a permit.-Harford v. United States, 8 Cr. 109.

An information under the 27th, 28th, and 50th sections of the act 2d March, 1799, for an illegal unlading, must state where the unlading occurred.—United States v. The Virgin, C. C. U. S. P. January, 1806. Coxe's Digest, 361.

Silver dollars are goods, wares, and merchandise, within the 50th section of the act of 1799; for the landing of which a permit from the custom house is necessary; and if landed without permit, involves the forfeiture of the vessel.-The Elizabeth and Jane, 2 Mason, 407.

Such 50th section applies to all cases of unlading of goods without a permit, in any place with n any collection district, whether such place be the port originally intended for the port of discharge of the cargo or not.-The Industry, 1 Gallis, 114. And under the same section, if foreign goods, exceeding 400 dollars in value, are unladen without a permit, &c. the vessel is forfeited from which they were unladen, although they were not actually brought in such vessel from a foreign port, but had been transhipped into her on the homeward voyage.-The Harmony, 1 Gallis, 123. It is a good defence under such section, that the party has been prevented by inevitable accident, necessity, or distress, from complying with its requisitions. But such defence is not permissible under a plea which simply puts in issue a denial of the facts constituting a forfeiture.-United States v. Hayward, 2 Gallis, 485.

A vessel from a foreign port, destined to the United States, is not liable to forfeiture, for unlading, without a permit, a part of her cargo, after she has arrived within the limits of the United States, but before she has reached the port of discharge. The 50th section of the act of March, 1799, must be confined to cases where the vessel has arrived at her port of discharge, and the 27th section, (art. 1413, page 409,) which provides for this case, imposes a penalty upon the individual who is guilty, but does not affect the vessel.-The Hunter, 1 Peters, C. C. R., 10.

An information for assisting to unlade rum from a vessel before her arrival at the port of discharge, stating the offence to be contrary to the 50th section of such act, where in fact the offence is created by the 27th, and not by the 50th section, cannot be sustained.-United States v. Brant, et al. 1 Peters, C. C. R., 14.

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