Εικόνες σελίδας
PDF

the original manifest of the cargo on hoard the (insert the denomination and name of the vessel,) whereof (insert the name) is master, from (insert the port last from,) with the original, and find the same to agree. In witness whereof, I have hereunto signed my name this day of .

Sec. 12. If the master or other person having the charge or command of any ship or vessel laden as aforesaid, and bound to any port or place in the United States, shall not, upon his arrival within four leagues of the coast thereof, or within the limits of any district thereof where the cargo of such ship or vessel, or any part thereof, is intended to be discharged, produce such manifest or manifests as are heretofore required, in writing, to the proper officer or officers, upon demand thereof, and also deliver such copy or copies thereof as aforesaid, according to the directions of this act in each case, or shall not give an account of the true destination of such ship or vessel, which he is hereby required to do, upon request of such officer or officers, or shall givj a false account of such destination in order to evade the production of the said manifest or manifests, the said master or other person having the charge or command of such ship or vessel shall forfeit for every such neglect, refusal, or offence a sum not exceeding five hundred dollars; and if such officer or officers first coming on board, in each case, within the distance or limits aforesaid, shall neglect or refuse to certify on the back of such manifest or manifests the production thereof, and the delivery of such copy or copies respectively as are hereinbefore directed to be delivered to such officer or officers, every such officer so neglecting or refusing shall forfeit and pay the sum of five hundred dollars. And the officer or officers who may apply to the master or person having the charge or command of any such ship or vessel respecting any of the provisions in this and the foregoing sections, and who shall not receive full satisfaction therein, are hereby required to make a return in writing of the name of the vessel and master so offending in any or all of the particulars required, immediately, or as soon after as possible, to the collector of the district to which such ship or vessel shall be considered to be bound.

Sec. 13. If, after the arrival of any ship or vessel so laden with goods as aforesaid, and bound to the United States, within the limits of any of the districts of the United States, or within four leagues of the coast thereof, any part of the cargo of such ship or vessel shall be unladen, for any purpose whatever, from out of such ship or vessel as aforesaid, before such ship or vessel shall come to the proper place for the discharge of her cargo, or some part thereof, and shall there be duly authorized by the proper officer or officers of the customs to unlade the same, the master or other person having the charge or command of such ship or vessel, and the mate, or other person next in command, shall respectively forfeit and pay the sum of one thousand dollars for each such offence, and the goods, wares, and merchandise so unladen and unshipped shall be forfeited, except in the case of some unavoidable accident, necessity, or stress of weather; of which unavoidable accident, necessity, or distress the master or other person having the charge or command of such ship or vessel shall give notice to, and, together with two or more of the officers or mariners (of which the mate or other person next in command shall he one) on hoard such ship or vessel, shall make proof upon oath, before the collector or other chief officer of the customs of the district wit in the limits of which such accident, necessity, or distress shall happen, or before the collector or other chief officer of the first district of the United States within the limits of which such ship or vessel shall afterwards arrive, if the said accident, necessity, or distress shall have happened, not within the limits of any district, but within four leagues of the coast of the United States; which oath the said collector or other chief officer is hereby authorized and required to administer.

Sec. 14. If any goods, wares or merchandise, so unladen from on hoard any such ship or vessel, shall be put or received into any other ship, vessel, or boat, except in the case of such accident, necessity, or distress, as aforesaid, to be notified and proved as aforesaid, the said master or other person having the charge or command of any such ship, vessel, or boat, into which the said goods, wares, or merchandise shall be so put and received, and every other person aiding and assisting therein, shall forfeit and pay treble the value of the said goods, wares, or merchandise, and the ship, boat, or vessel in which they shall be so put shall be forfeited to the United States.

Sec. 15. It shall not be lawful for the master of any ship or vessel not in distress, arriving by sea from a foreign port after arrival within four leagues of any port in the United States, or within any collection district thereof, to allow any person or persons to leave the ship or vessel, or to board the same, except a pilot, officer of the revenue, or health officer, until possession thereof shall be taken by a custom-house officer, nor after possession so taken without the leave of such custom-house officer; and the master of any ship or vessel permitting a violation of this provision shall be liable to a fine of not less than one hundred nor more than one thousand dollars, and the vessel become liable to seizure and forfeiture for the same; and any person or persons so quitting or boarding any ship or vessel shall be liable to a fine of not less than one hundred nor more than one thousand dollars.

Sec. 16. It shall be lawful for the collector of any district at which any ship or vessel may arrive, immediately on her first coming within such district, to put and keep on board such ship or vessel, whilst remaining within such district, or in going from one district to another, one or more inspectors, to prevent the improper discharge of the cargo or contents of 6uch ship or vessel, and to superintend the delivery thereof, or 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 said collector or surveyor to perform, for the better securing of the collection of the duties; and collectors shall have power to put on hoard ships or vessels inspectors to go from one district to another, and the said inspector or inspectors shall make known to the person having the charge or command of such ship or vessel the duties he or they is or are to perform; and shall suffer no goods, wares, or merchandise, of any nature or kind whatsoever, to be landed or unladen, or otherwise taken or removed from such ship or vessel without a permit in writing from the collector of the port and naval officer thereof, if there is one, first had and granted for that purpose; and the inspector or inspectors aforesaid shall enter into 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 which shall be unladen 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 law, or for some other cause, have been sent to the store or warehouse provided for the reception of such goods, wares, or merchandise; which book shall be delivered to the collector or surveyor, as the case may be, and kept on file for reference. And it shall be the duty of the said inspector or inspectors to attend to the delivery of the cargo or cargoes under their care at all times when the unlading or delivery of goods, wares, or merchandise is lawful, under the directions of the collector, for which purpose they shall constantly attend as directed by the collector, and remain on board the vessel or vessels, the deliveries from which they are to superintend, or at any other stations where their inspection is necessary; and said inspector or inspectors shall not quit such stations or places without the leave of the collector 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 Beven years. And no inspector or inspectors shall perform any other duties or service on board any ship or vessel, the superintendence of which is committed to him or them, for any person or persons whatever, other than what is required by law, or directed by the collector or surveyor, under the penalty of being disabled from acting any longer as an inspector of the customs; and the wages and compensation of such inspector or inspectors as may proceed from one district to another shall be defrayed by the master or other person having charge or command of the ship or vessel committed to his or their care; and every inspector or other officer of the revenue, while performing any duty on board any ship or vessel not in a port of the United States discharging her cargo, shall be entitled to receive from the master of such ship or vessel such provisions and accommodations as are usually supplied to passengers, or as the state and condition of such ship or vessel will admit, on receiving therefor fifty cents per diem; and any master of any ship or vessel who shall refuse provisions and reasonable accommodations as aforesaid, shall forfeit and pay to the United States one hundred dollars.

Sec. 17. If any ship or vessel, which shall have arrived within the limits of any district of the United States from any foreign port or place, shall depart, or attempt to depart, from the same, unless to proceed on her way to some more interior district to which she may be bound, before report or entry shall have been made by the master or other person having the charge or command of such ship or vessel, with the collector of some district of the United States, the said master or other person having such charge or command shall forfeit and pay the sum of four hundred dollars; and it shall he lawful for any collector, naval officer, surveyor, or commander of any of the cutters hereinbefore mentioned, to arrest and bring back, or cause to be arrested and brought back, such ship or vessel to such port of the United States to which it may be most conveniently done; but if it shall be made to appear by the oath of the said master, or other person having the charge or command of such ship or vessel, and of the person next in command, or other sufficient proof, to the satisfaction of the collector of the district within which such ship or vessel shall afterwards come, or to the satisfaction of the court in which the prosecution for such penalty may be had, that the said departure, or attempt to depart, was occasioned by stress of weather, pursuit, or duress of enemies, or other necessity, the said penalty shall not be incurred.

Sec. 18. The master or commander of every ship or vessel arriving in the United States from a foreign port, bound to either a port of entry or delivery in any district, shall first come to at the port of entry of such district with his ship or vessel, and there make report and entry in writing to the collector, and pay, or secure to be paid, all legal duties, port fees, and charges, in manner provided by law, before such ship or vessel shall proceed to her port of delivery; and the master of every vessel arriving from a foreign port, or having goods on board of which the duties have not been paid or secured, and bound to any port on any of the navigable waters of the United States, shall take on board an inspector at the port of entry for said district, if required so to do by the collector thereof, before proceeding to such port. And if the master or commander of any ship or vessel shall proceed with her to a port of delivery contrary to the directions aforesaid, he shall forfeit and pay to the United States five hundred dollars, to be recovered with costs of suit; and the collector of the port of delivery shall, after registering the manifests, transmit the same, duly certified to have been deposited with him, to the collector at the port of entry where said ship or vessel should have entered; and the said collectors may, whenever they judge it to be necessary for the security of the revenue, put an inspector of the customs on board any ship or vessel as aforesaid, to accompany the same until her arrival at the first port of entry or delivery in the district to which such ship or vessel may be destined. And if the master or commander of any ship or vessel shall neglect or omit to deposit a manifest in manner aforesaid, or shall refuse to receive an inspector of the customs on board, as the case shall require, he shall forfeit and pay five hundred dollars, for which the ship or vessel shall be liable, to be recovered by libel on the vessel, with costs of suit—one-half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use of the collector of the district to which the said ship or vessel may be bound; but if the manifest shall, in either of the above cases, have been previously delivered to any officer of the customs pursuant to law, the depositing of a manifest as aforesaid shall not be necessary. H. Ex. Doc. 50 6

Sec. 19. Within twenty-four hours after the arrival of any ship or vessel from any foreign port or place at any port of the United States established by law, at which an officer of the customs resides, or within any harbor, inlet or creek thereof, if the hours of business at the office of the chief officer of the customs at such port will permit, or as soon thereafter as the said hours will permit, the master or other person having the charge or command of such ship or vessel shall repair to the said office, and shall make report to the said chief officer of the arrival of the said ship or vessel; and within forty-eight hours after such arrival shall make a further report in writing to the collector of the district, which report shall be in the form, and shall contain all the particulars required to be inserted in a manifest; and the said master, or other person having the charge or command of any such ship or vessel, shall declare to the truth of such report or manifest in conformity to law; which declaration shall be on oath or solemn affirmation before the said collector of the district in the manner and form following, to wit: I (A B) do solemnly, sincerely and truly swear (or affirm) that the report and manifest subscribed with my name, and now delivered by me to the collector of the district of (insert the name of the district,) contains a just and true account of all the goods, wares and merchandise, including packages of every kind and nature whatsover, which were on board the (insert the denomination and name of the vessel) at the time of her sailing from the port of (insert the name of the port or place the vessel last sailed from,) or which have been laden or taken on board at any time since; and that the packages of the said goods are as particularly described as in the bills of lading signed for the same by me, or with my knowledge; that I am at present, and have been during the voyage, master of the said vessel, (or insert if otherwise, specifying how long he has been made master;) that no package whatooever of anjr goods, wares or merchandise has been unladen, landed, taken out, or in any manner whatever removed from on board the said (insert denomination and name of vessel) since her departure from the said port of (insert the name of the last port she sailed from,) except such (if any) as are now particularly specified and declared in the abstract or account herewith, (if any ;) and that the clearance and other papers now delivered by me to the collector are all that I now have or have had that in any way relate to the cargo of the said vessel. And I do further swear (or affirm) that the several articles specified in the said manifest as the sea stores for the cabin and vessel, are truly such, and were bona fide put on board the said (insert the denomination and name of the vessel) for the use of the officers, crew and passengers thereof, have none of them been brought and are not intended by way of merchandise, or for sale, or for any other purpose than above mentioned, and are intended to remain on board for the consumption of the said officers and crew. I further swear (or affirm) that if I shall hereafter discover or know of any other or greater quantity of goods, wares and merchandise of any nature or kind whatsoever than are contained in the report and manifest subscribed and now delivered by me, I will immediately, and without delay, make due report thereof to the collector of the port or district of (here insert the port or district enter

« ΠροηγούμενηΣυνέχεια »