be given by exporters. tion. any of the faid fnuff or refined fugar on board Notice të of any fhip or veffel for exportation, give fix hours notice at the leaft, to the proper officer of infpection of the port, from which the faid fnuff or fugar fhall be intended to be exported, of his, her, or their intention to export the fame, and of the number of packages contain- To officer ing the fame, and the respective marks there- of infpeeof, and the place or places where depofited, and of the place to which, and fhip or veffel in which they or either of them fhall be fo intended to be exported. Whereupon, it shall be the duty of the faid officer to infpect, by himself or deputy, the packages fo notified for exportation, and the fame, after fuch inspection fhall be laden on board the fame fhip or veffel, of which notice fhall have been given, and in the prefence of the fame officer or his deputy, who fhall have inspected the fame; which officer, after the fame fhall have been fo laden on board, fhall certify to the collector of the diftrict, the quantity and particulars of the article or articles fo laden for exportation. Under faid allow ance to be Sec. 16. Provided nevertheless, and be it further enacted, That the faid allowance fhall not be made, unless the faid exporter or exporters what reffhall make oath or affirmation, that the faid trictions fnuff or fugar fo noticed for exportation and laden on board fuch fhip or veffel, are truly inten- made. ded to be exported to the place, whereof notice fhall have been given, and are not intended to be relanded within the United States, and that he or he doth verily believe, that the duties thereupon charged by this act, have been duly paid or fecured to be paid; and shall also give bond to the collector, with two fureties, one of whom fhall be the mafter, or other perfon having the command or charge of the ship or veffel, in which the faid fnuff or fugar fhall be Under what ref intended to be exported; the other, fuch fuftrictions ficient perfon as fhall be approved by the faid allowance collector, in the full value, in the judgment of &c. export- the faid collector, of the faid fnuff or fugar fo ed, thall be intended to be exported, with condition that on fugar, made. When faid paid. the faid fnuff or fugar (the dangers of the feas and enemies excepted) fhall be really and truly exported to, and landed in fome port or place without the limits of the United States, and that the faid fnuff or fugar fhall not be unfhipped from on board of the faid ship or vef fel, whereupon the fame fhall have been laden for exportation, within the faid limits, or any ports or harbors of the United States, or relanded in any other part of the fame (fhipwreck or other unavoidable accident excepted.) Sec. 17. Provided alfo, and be it further enallowance acted, That the faid allowance fhall not be fhall be paid until nine months, after the said snuff or fugar fhall have been fo exported: And provided alfo, That whenever the owner of any fhip or veffel, on board of which, any fuch fnuff or fugar are laden for exportation, fhall make known to the collector, previous to the departure of fuch fhip or veffel, from the port where fuch fnuff or fugar are laden, that such fhip or veffel is not going to proceed on the voyage intended, or the voyage is altered, it fhall be lawful for the collector to grant a permit for relanding the fame. porters herein, Sec. 18. And be it further enacted, That if any of the faid fnuff or fugar, after the fame Duty of ex fhall have been fhipped for exportation, fhall be unfhipped for any purpofe whatever, either within the limits of any part of the United States, or within four leagues of the coaft thereof, or fhall be relanded within the United States, from on board the fhip or veffel, where in the fame fhall have been laden for expor tation, unless the voyage fhall not be proceeded on, or fhall be altered as aforefaid, or unless in cafe of neceffity or diftrefs to fave the fhip and goods from perifhing, which fhall be immediately made known to the principal officer of the customs, refiding at the port nearest to which such ship or veffel fhall be, at the time fuch neceffity or diftrefs fhall arife, then not only the fnuff or fugar fo unfhipped, together with the casks, veffels and cafes containing the fame, but also the fhip or veffel, in, or on board which, the fame fhall have been fo fhipped or laden, together with the guns, furni- Forfeiture ture, ammunition, tackle and apparel, and thereof. alfo the fhip, veffel or boat, into which the faid fnuff or fugar fhall be unfhipped or put, after the unfhipping thereof, together with her guns, furniture, ammunition, tackle and apparel fhall be forfeited, and may be feized by any officer of the customs or of infpection. on neglec difcharged. Sec. 19. And be it further enacted, That the bonds to be given, as aforefaid, fhall, and may be discharged, by producing, within one year Bonds to be from the refpective dates thereof (if the fame given, how fhall be shipped to any part of Europe or America, and within two years, if fhipped to any part of Afia or Africa; and if the delivery of the fnuff or fugar, in refpect to which the fame fhall have been given, be at any place, where a conful or other agent of the United States refides) a certificate of fuch conful or agent, or if there be no conful or agent, then a certificate of any two known and reputable American merchants refiding at the faid place; and if there be not two fuch merchants refiding at the faid place, then a certificate of any other two reputable merchants, teftifying the delivery of the faid fnuff or sugar, at the faid place. Which certificate fhall, in Prosced ngs to be had for difcharging bonds. Provifo. each cafe, be confirmed by the oath or af firmation of the mafter and mate, or other like officer of the veffel, in which the faid fnuff or fugar fhall have been exported; and when fuch certificate fhall be from any other than a conful or agent, or merchants of the United States, it shall be a part of the said oath or affirmation, that there were not, upon diligent enquiry, to be found two merchants of the United States, at the faid place: Provided always, That in cafe of death, the oath or affirmation of the party dying, fhall not be deemed neceffary: And provided further, That the faid oath or affirmation, taken before the chief civil magiftrate of the place, of the faid delivery, and certified under his hand and feal, fhall be of the fame validity, as if taken before a perfon qualified to adminifter oaths within the United States; or fuch bonds fhall and may be dif charged, upon proof that the fnuff or fugar, fo exported, were taken by enemies, or perifhed in the fea, or deftroyed by fire: The examination and proof of the fame, being left to the judgment of the collector of the customs, naval officer, and chief officer of infpection, or any two of them, of the place from which fuch fnuff or fugar, fhall have been exported. And in cafes where the certificates herein directed, cannot be obtained, the exporter or exporters of fuch fnuff or fugar fhall, neverthelefs, be permitted to offer fuch other proof as to the delivery of the faid fnuff or fugar, without the limits of the United States, as he or they may have; and if the fame shall be deemed fufficient by the faid collector, he fhall allow the fame, except when the drawback to be allowed fhall amount to one hundred dollars or upwards: In all which cafes, the proofs aforefaid fhall be referred to the comptroller of the treafury, whofe decifion thereon fhall be final. in what manner be expor Sec. 20. And be it further enacted, That it when and fhall be lawful to export, directly from any manufactory of fnuff or of refined fugar, to any inuff and foreign port or place, any fnuff or refined fu- fugar may gar, which shall have been manufactured at ted dire&tfuch manufactory, after the faid thirtieth day 1y, &c. of September next, free from duty: Provided, That the fame proceedings be had, in all refpects, in order thereto, which are herein before prescribed, in order to the obtaining the benefit of the drawbacks of the duties which have been paid, or fecured, upon any fnuff or fugar, exported to a foreign port or place. Diftribu under this Sec. 21. And be it further enacted, That all penalties and forfeitures, which fhall be incur- tion of pered, pursuant to this act, fhall be divided and nalties, &c. diftributed, one half thereof to the use of the act. United States, and the other half thereof to the use of the perfon who, if an officer of infpection, fhall first discover, or if not an officer of infpection, fhall first give information of the caufe, matter or thing, whereby any of the faid penalties or forfeitures fhall have been incurred. Sec. 22. And be it further enacted, That this act fhall continue and be in force for the term Limitation of this act. of two years, and from thence 'till the end of the next feffion of Congrefs, and no longer. FREDERICK AUGUSTUS MUHLENBERG, RALPH IZARD, Prefident of the Senate, pro tempore. APPROVED, June the fifth, 1794: GEORGE WASHINGTON, VOL. III. |