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Proviso; as inspection of any officer of the customs, as now or heretofore to praciice of inspection.
practised. Officers of in- § 39. That the officers of inspection of any port where disspection to tilled spiriis, wines, or teas, shall be landed, shall, upon the landbrand the
ing thereof, and as soon as the casks, chests, vessels, and cases, casks, &c.
containing the same, shall be inspected, gauged, or measured, brand, or otherwise mark, in durable characiers, ihe several casks, chests, vessels, and cases, containing the same; and the said 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 the said articles; also the port of importation, the name of the vessel, and the surname of the master ; also, each kind 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 Chief officers weight, if leas; also, the name of the surveyor or chief officer of of inspection inspection for the port, and the date of importation ; of all which to keep ac
particulars the chief officers of inspection shall keep fair and ticulars, &c. correct accounts, in books to be provided for that purpose. Surveyor, &c. § 40. That ihe surveyor, or chief officer of inspection, as to furnish the aforesaid, within the port or district in which the said spirits, proprietor of spirits, teas,
wines, or teas, shall be landed, shall give to the proprietor, im&c. with a porter, or consignee, thereof, or his or her agent, a certificate, to certificate.
remain with him or her, of the whole quantity of the said spirits, wines, or teas, which shall have been so landed; which certificate, besides the quantity, shall specify the name of such proprieior, importer, consignee, or agent, and of the vessel from on board which the said spirits, wines, or leas, shall have been landed, and of the marks of each cask, chest, vessel, or case, containing ihe same ; which certificate shall be of the form following,
10 wil :-District of Inspector's office, No. —port of Form of cer
I certify, ibat [here insert the name of the proprietor, imcificate for porter, or consignee] imported into this district on the [here inspirits, wincs, sert the date of importation) in the [here insert the name of the or teas.
vessel, and whether of the United States or foreign, and the name of the master] from here insert the place from which imported, the number of, and whether casks, chesis, vessels, or cases) of [here insert whether spirits, wines, or teas, and the kind of each) marked as per margin [insert in the margin the marks and numbers, if any, at the time of importation] which [here insert whether casks, chests, vessels, or cases] have been inarked as follows [here insert the marks of the inspector of the port] containing [here insert the quantily of spiriis, wines, or
ieas) according to returns made to this office. A B., inspector. Surveyor, &c. § 41. Thai the surveyor, or chief officer of inspection as aforeto furnish the said, shall, in addition to the general certificate aforesaid, give with a partic. 10. the proprietor, importer, or consignee, of any distilled spirits, ular certifi wines, or teas, or his or their agent, a particular certificate, cate, to ac- which shall accompany each cask, chest, vessel, or case, of discompany each lilled spirits, wines, or teas, wherever the same may be sent, cask, &c.
within the limits of the United States, as evidence that the saine have been lawfully imported ; and which certificate shall be of
cate to accom.
the form following, to wit : No. District of port of - I certify, that there was imported into this district, on the
Form of certifi[here insert the date of importation] by [here insert the name of the proprietor, importer, or consignee) in the [here insert the pany cask, name of the vessel, the surname of the master, and whether a chest, &c. vessel of the United States, or a foreign vessel] froin [here insert the place from which imported) one [here insert whether cask, chesi, vessel, or case, by ihe proper name] of [here insert whether spirits, wines, or leas, and the kind of each) numbered and marked as per margin, [the marks of the inspector to be inserted in the margin) containing [here insert the number of gallons, and rate of proof, if spiriis, or gallons, if wines, or the number of pounds weight neit, if teas.]
A B, supervisor. Countersigned by CD, inspector.
§ 42. That the supervisors of the several districts shall pro, Supervisors to vide blank certificates, under such checks and devices as shall provide blank be prescribed by the proper officers of the treasury, and shall certificates, number, sign, and deliver, the same, to the officers who may per. The blank cer. form the duties of inspectors of the revenue, for the several ports tificates to be in their respective districts; which blank certificates shall be filled up and filled up and countersigned by the inspectors of the revenue countersigned aforesaid, who shall be accountable therefor to the supervisors ; spectors, &c. and the said inspectors shall make regular and exact entries of all certificates which shall be granted as aforesaid, as particularly as therein described.
§ 43. That the proprietor, importer, or consignee, or his or the proprieher ageni, who may receive said certificates, shail, upon the sale tor, on sale of or delivery of any of the said spirits, wines, or reas, deliver to spirits, &c. to the purchaser or purchasers thereof, the certificate or certifi- cates, or forcates which ought to accompany the saine, on pain of forfeiting feit 50 dolls. the sum of fisty dollars for each cask, chest, vessel, or case, with for each cask, which such certificate shall not be delivered: And if any casks, Casks, &c. chesis, vessels, or cases, containing distilled spirits, wines, or found without teas, which, by the foregoing provisions, ought to be marked and marks and accompanied with certificates, shall be found in the possession able to forfeit:
. of any person unaccompanied with such marks and certificates, ure, &c. it shall be presumptive evidence that the same are liable to forfeiture : and it shall be lawful for any officer of the customs, or of inspection, lo seize them as forfeited ; and if, upon the trial, On trial, the in consequence of such seizure, the owner or claimant of the claimant not spirils, wives, or teas, seized, shall not prove that the saine were
importation, imported into the United States according to law, and the du- the spirits, &c. ties thereupon paid or secured, they shall be adjudged 10 be to be adjudged forfeited.
forfeited. § 44. That on the sale of any cask, chest, vessel, or case, On the sale of which has been, or shall be, marked pursuant io the provisions casks her aforesaid, as containing distilled sprits, wines, or reas, and been emptied, which has been emptied of its contents, and prior to the delive- and prior to ry thereof to the purchaser, or any removal thereof, the marks removal, the and numbers, which shall have been set thereon, by or under the defaced in prodirection of any officer of inspection, shall be defaced and ob- sence of an literated in the presence of some officer of inspection, or of the officer, &c. customs, who shall, on due notice being given, attend for that officers to at
purpose, at which time the certificate which ought to accompa.
ny such cask, chest, vessel, or case, shall also be returned and Persons oblit. cancelled : And every person who shall obliterale, counterseit, erating, &c. marks or num
alter, or deface, any maik or number, placed by an officer of bers, &c. or re- inspection upon any cask, chesi, vessel, or case, containing dis. moving casks, tilled spirits, wines, or leas, or any certificate thereof; or who &c. before the shall sell, or in any way alienate or remove, any cask, chest, have been de- vessel, or case, which has been emplied of its contenis, before faced in the The niarks and numbers, set thereon pursuant to the provisions presence of an aforesaid, sball bave been defaced, or obliterated, in presence of or refusing to an officer of inspection, as aforesaid ; or who shall neglect or deliver the cer- refuse to deliver the certificate issued to accompany the cask, tificate, &c.
chest, vessel, or case, of which the marks and numbers shall forfeit 100
have been defaced or obliterated in manner aforesaid, on being dolls. with
thereto required by an officer of inspection or of the customs; shall, for each and every such offence, foi feit and pay one hun
dred dollars, with costs of suit. Master to spe.
§ 45. That in order to ascertain what articles ought to be excify articles of empi from duty, as the sea stores of a ship or vessel, the master, sea glores in
or other person having the charge or command of any ship or the report, &c.
vessel, shall particularly specify the said articles, in the report or manisest to be by hini made, designating them as the sea stores of such ship or vessel : and in the oath 10 be taken hy such mias. ter, or other person, on making such report in manner before prescribed, he shall declare that the articles so specified as sea stores
are truly such, and are not intended by way of merchandise or for Proviso ; du. sale; whereupon the said articles shall be free from duty. Proties to be esti- vided always, That if it shall appear to the collector to whom mated on ex. such report and manifest shall be made and delivered, together stores, and
wirb the naval officer, where there is one, or alone, where there paid by the
is none, that the quantities of the said articles, or of any part master, &c.
thereof, so reported as sen stores, are excessive, it shall be lawful for the said collector, jointly with the naval officer, or alone, as the case niay be, in his or their discretion, 10 estimate the amount of the duty on such excess, which shall be forth with paid by the said waster, or other person having the charge or
command of such ship or vessel, to the said collector, on pain Articles of sea of forfeiting the value of such excess : And if any other or stores not in. cluded in re
greater quantity of articles are found on board such ship or ves. port, or landed sel, as sea stores, thau are specified in such entry, or if any of without per. the said articles shall be landed, without a permit first obtained mission, for
from the collector and naval officer of the port, (where any,) for seiled, &c.
that purpose, all such articles as are not included, as aforesaid, in the report or manifest delivered on oath or affirmation, as aforeFaid, by the master, or other person having the charge or command of such ship or vessel, or which shall be landed without such permil as aforesaid, shall be forfeited, and may be seized ;
and the master, or person having the command of such ship or moreover, to vessel, shall, moreover, forfeit and pay treble the amount or va. pay treble va lue, &c.
lue of the articles so omilied or landed. Baggage and § 46. That from and after the thirtieth day of June next the mechanical
wearing apparel, and other personal baggage, and the tools, or implements exempt from inplements of a mechanical trade only, of persons who arrive in duty
cess of sea
the United Stales, shall be free and exempted from duty; and, 10 ascertain what articles ought to be exempted, according to the true intent and meaning of the provision aforesaid, it is direcied, ihat due entry thereof, as of other goods, wares, and mer- Due, but sepa. chandise, but separate and dis'inct from that of any other goods, rate and dis. wares, and merchandise, imported from a foreign port or place, baggage and shall be made, with the collecior of the district in which the said mechanical articles are intended to be landed, by the owner or owners i here. implemenis. of, or bris, her, or their agent, expressing the persons by whom or for whom such entry is made, and particularizing the several packages, and their contents, with their marks and numbers; and Persons makihe person or persons who shall make the entry, shall lake and take and subsubscribe an oath or affirmation, before the said collector, as the scribe an oath, case may require, in inanner following, to wil : District of ss. Port of
I [here insert the name of the person Form of the making the entry) do solemnly, sincerely, and truly, swear (or af- oath in relafirm) that the entry subscribed by me, and herelo annexed, contains, to tion to bag. the best of my knowledge and belief, a just and true account of the
gage, contents of the several [here insert whether chests, cases, or packages) mentioned in the said entry, imported in the [here insert the name of the vessel, and master's naine] from [here insert the port from which arrived) and that they contain no goods, wares, or merchandise, whatever, olher than the wearing apparel and other personal baggage (or, if the case require) and the tools of the trade of [here insert whai mechanical trade] all of which are the properly of [here insert 10 whom belonging, and family, as the case may require] who has or have arrived (or, as the case may require) who is or are shortly expected to arrive in the United States; and are not directly or indirectly imported for any other person or persons, or intended for sale. So help me God. And in case the party shall be Bond, &c. 'to other than the owner of the said articles, he or she shall give be given in bond, with one or more sureties, to the salissaction of the said case the party collector, in a sum equal to what would be the amount of the the owner, &c. duties on the said articles, if imported subject to duty; the form of which bond shall be as follows: Know all men by these pre- Form of bond senis, That we [here insert the names of the principal and sure. in case of bag. ties) are held and firmly bound unto the Uniled Siates of Amer. gage, &c. ica, in the sum of to be paid to the said United States; for payment whereof we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly, by these presents. Sealed with our seal; dated the day of - in the year of the independence of the United States, and in the year of our Lord one thousand - Whereas the above named - has this day, for and in behalf of
exhibited an entry, subscribed with his name, of the following packages of wearing apparel and other articles, as being exempted from duty [here insert the number and description of packages, together with their marks and numbers] and has made oatli, before the collector of the district of that the said articles are the property of the said
that they are truly and bona fide intended for the sole use of himself and family, (as the case may require) and are not directly or indirectly imported for any other person, or intended for sale. Now, therefore, the condi.
be other than
tion of this obligation is such, that if the said — sball, within one year from the date hereof, take and subscribe the oath, prescribed by law in such case, before the said collector, or if the said oath, duly authenticated, shall be produced to the said col. lector, agreeably to the true intent and meaning of the said law, then ibis obligation to be void, or else to remain and be in full force and virtue. Sealed and delivered in the presence of And on compliance with the conditions aforesaid, and not other
wise, a permit shall and may be granted for landing the said ar. Proviso; the ticles: Provided, nevertheless, That whenever the collector and na val oficer naval officer, (if any,) shall think proper so to do, they may and
are hereby aui horized, in lieu of the provisions and directions baggage to be before mentioned, to direct the baggage of any person arriving examined, &c. within the United States, to be examined by the surveyor of the
pori, or an inspecior of the customs, and to make a return of the Articles of the same; and if any articles shall be contained therein, which, in baggage that their opinions, ought not to be exempted from duty, according to ought not to
the true intent and meaning of this act, due entry shall be made be exempted, &c. to be duly therelor, and the duties thereon paid or secured to be paid : entered, &c. And provided, That whenever any article or articles subject to Articles sub- duty, according to the true intent and meaning of this aci, shall ject to duly, found in bago
be found in the baggage of any person arriving within the Unite gage, and not ed States, which shall noi, at the time of making entry for such mentioned, to baggage, be mentioned to the collector before whom such entry be forfeited, is made, by the person making the same, all such articles, so
found, shall be forfeited, and the person in whose baggage they &c. moreover, shall be found, shall, inoreover, forfeit and pay treble the value lo pay treble of such articles. value. No duty on
§ 47. That on any goods, wares, or merchandise, of the domestic pro- growth or manufacture of the United States, which miay have ductions ex. been exported to some foreign port or place, and brought back ported and brought back,
to the said states, and upon which no drawback, bouniy, or alupon which no lowance, has been paid, no duty shall be demanded : Provided, drawback, &c. That the regulations hereinafter prescribed, for ascertaining the Proviso; as to identity of such goods, wares, or merchandise, be observed aud identity of the goods. complied with.
§ 48. That report and entry of goods, wares, or merchandise, Domestic ductions, ex
relurned as aforesaid, shall be made as in other cases of goods, ported and re- wares, and merchandise, imported from a foreign port or place; iurned, to be and proof, by oath or affirmation, of the person or persons havreported and entered, &c.
ing knowledge of the facts, shall be made, to the satisfaction of proof, by oath, the collector of the district with whom such entry shall be made,
jointly with the naval officer, if there be a naval officer, or alone, if there be no naval officer, that the said articles had been exported from the United States, as of the growth, produce, or manufacture, of the same, and of the time when, by whom, in what ship or vessel, and for what port or place, they were so ex.
ported; the form of which oath or affirmation shall be as follows: Form of the Districi of
Port of I. A B, do solemnly, sincereoath, in case ly, and truly, swear, (or affirm, as the case may be) that the seof return of veral articles of merchandise, mentioned in the entry herelo anner. ductions after ed, are, to the best of my knowledge and belief, truly and bona fide exportation. of the growth, product, or manufacture, of the United States (as the