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came due and payable. And in all suits for the recovery of money upon debentures issued by the collectors of the customs as aforesaid, it shall be the duty of the court in which such suits shall be pending, to grant judgment at the return term, unless the defendant or defendants shall, in open court, exhibit some plea, on oath or affirmation, by which the court shall be satisfied that a continuance, until the next succeeding term, is necessary to the attainment of justice; in which case, and not otherwise, a continuance until the next term may be granted.
81. Sect. LXXXI. Before the receipt of any debenture, in case of exportation from the district of original importation, and in case of exportation from any other district before the receipt of any such certificate, as is herein before required to be granted, the person, applying for such debenture or certificate, shall, previous to such receipt, and before the clearance of the vessel in which the merchandise were laden for exportation, or within ten days after such clearance, give bond, with one or more sureties, to the satisfaction of the collector, who is to grant such debenture or certificate, as the case may be, in a sum cual to double the amount of the sum for which such debenture or certificate is granted, conditioned, that the said goods, or any part thereof, shall not be relanded in any port or place within the limits of the united states, and that the said exporter or exporters, shall produce, within the time herein limited, the proofs and certificates required of the said goods, wares and merchandise, having been delivered without the limits aforesaid.
And the form of the bond aforesaid, shall be as follows:Krow all men by these presents, that we of the of are held and firmly bound to the united states of America, in the sum of
for the payment of which, well and truly to be made, we bind ourselves, our heirs, exccutors and administrators, jointly and several
ly, by these presents. Witness our hands and seals, this day i of one thousand
Whereas the following merchandise has been duly imported into the united states, to wit : (here particularize the person or persons by whom the several articles were imported, the denomination and name of the vessel, master's name, from whence, into what district, and when ipported, together with the marks, numbers, description of, and number of packages, with their contents) which said merchandise hath been reshipped by the above bounden
in order to export the same in the
of master, now in the port of and bound for
The condition of this obligation therefore is such, that if the aforesaid recited merchandise, or any part thereof, be not relanded in any port or place within the limits of the united states, and if the certificates and other proofs required by law of the delivery of the same at the aforesaid port of or at any other port or place without the limits of the united states, as aforesaid, shall be produced at this office, ithin
from the date hereof, then this obligation shall be null and void, but otherwise to remain in full force and virtue. Sealed and delivered?
in the presence of S
That all bonds which may be given for any goods, wares or merchandise, exported from the united states, and on which any drawback of duties or allowance shall be payable, in virtue of such exportation, shall and may be discharged, and not otherwise, by producing within one year from the date thereof, if the exportation be made to any port of Europe or America, or within two years, if made to any part of Asia or Africa, a certificate under the hand of the consignee at the foreign port or place to whom the said goods, wares and merchandise shall have been addressed, therein particularly setting forth and describing the articles so exported, their marks, numbers, description of packages, the number thereof, and their actual contents, and deciaring that the same have been received by them, from on board the vessel specifving the names of the master and vessel, from which they were so received, and where such goods, wares or merchandise, are not consigned or addressed to any particular person at the foreign port or place to which the ship or vessel is destined, or may arrive, but where the master, or other person on board such ship or vessel may be the consignee of such goods, wares or merchandise, a certificate from the person or persons to won such goods, wares and merchandise may be sold or delivered, by such inaster, or other person, shall be produced to the same effect, as that required if the person or persons receiving the same were originally intended to be the consignce or consignees thereof. And in addition to the certificate aforesaid, it shall be necessary to produce a certificate under the hand and seal of the consul or agent of the united states, residing at the said place, declaring either that the facts stated in the certificate of such consignee, or other person aforesaid, are to his knowledge true, or that such certificate is deserving of full faith and credit ; which certificates of the consignec, or other person, and consul, or agent, shall, in all cases, as respects the landing or delivery of the said goods, wares or merchandise, be confirnid or the oath or affirmation of the master aud mate, if living, or in case of their death, by the oath or affirmation of the two principal surviving oilicers of the ship or vessel in which the exportation shall be made; and in all cases where there shall be no consul or agent of the united states residing at the said place of delivery, the certificate of the consiguee', or other person herein before required, shall be confirmed by the certificate of two reputable American merchants residing at the saici place, or if there are no such American merchants, then by the certiicate of two reputable foreign merchants, testifying that the suveral facis stated in such consignee, or other person's certificate, are, to their knowledge, just and true, or that such certificate is, in their opinion, worthy of fuil faith and credit ; which certificate shall also be supported by the oath or affirmation of the master and mate, or other principal oficers of the vessel in manner as before prescribed, which oath or afirmation of the said master and mate, or other principal offcors, sizil, in all cases, when taken at a foreign port or place, be taken and subscribed before the consul or agent of the united states, residing at such forvign port or place, isany such consul or agent reside thereai.
Dand in cases of loss by sea, or by capture or other unavoidable accident; or wien, from the nature of the trade, the proofs and certificates before required are not, and cannot be procured, the exporter ores
porters shall be allowed to adduce to the collector of the port of exportation such other proofs as they may have, and as the nature of the case will admit; which proois shall, with a statement of all the circumstances attending the transaction, within the knowledge of such collecior, be transinitted to the comptroller of the tregsury, who shall have power to allow a further reasonable time for obtaining the proofs aforesaid; or if he be satisfied with the truth and validity of the proofs adduced, to direct the bond or bonds of such exporter or exporters, to be cancelled : Prúcided, That if the amount of such bond shall not exceed the penal sum of two hundred doilars, the collector, with the naval officer, where there is one, and alone, where there is none, may, pursuant to such rules as shall be prescribed by the comptroller of the treasury, adinit such proof as may be adduced ; and if they deem the same satisfactory, cancel such bond accordingly.
And the form of the certificate of a consignee, declaring the delivery of merchandise at a foreign port, shall be as follows :
I(4. A. or we B. B. and C. C.) of the (city or town) of (merchant, or merchants, and copartners in trade) do hereby certify, that the goods or merchandise herein alter described, have been landed in this (city, town or port) between the and days of from on board the
of whereof G. G. is at present master, viz. (here insert the particular articles delivered in manner following, as the case inay require ; namely A. B. No. I. a 10. ten hogsheads. ? Containing fourteen thousand C. D. No. 3. 6. 9. 15. four tierces. Spounds weight of coffee. E. F. No. 14. 18.22. Eight hogsheads, containing ten thousand pounds
25. 27. 30. 33. 36. S weight of brown sugar. G. H. No. 21. a 30. Ten chesis, containing seven hundred weight of
hyson tea. 1. K. 7. 16. 19. Three bales, containing one hundred and fifty pieces
of nankeen--) which, according to the bills of lading for the same, were shipped on board the at the port of
in the united states of America, on or about the day of . and consigned to (ine or to us) by of aforesaid merchant (or by the master of the said )
Given unde: (my or our) hands, at the city of) this day of
And the form of the oath or affirmation of the principal officers of a Fessel, confirming the landing of marchandise at a foreign port, shall be as follows :
Port of We G. E. master, and II. II. mate of the of lately arrived from the port of in the united states of America, do so, lemnly (swear or affirm) that the goods or merchandise enumerated and described in the preceding certificate, dated the day of and signed by A. A. of the city of
merchant, were actually delivered at the said port, from on board ile said
withia the time specified in the said certificate. Skorn or ubirmed at the city of before
ine, this day of
And the form of a verification of the delivery of merchandise at a foreign port, to be executed by a consul or agent of the united states, shall be as follows :
I M. M. (consul or agent of) the united states of America, at the city of do declare, that the facts set forth in the preceding certificate, subscribed by A. A. of the said city, merchant, and dated the day of are, to (iny knowledge, just and true, or are in my opinion just and true, and deserving full faith and credit.)
In testimony whereof, I have hereunto subscribed my name, and affixed the seal of my office, at this day of
M. M. Consul. And the form of a verification of the delivery of merchandise, to be executed by American or foreign merchants, as the case may require, shall be as follows: We residing in the city of
do declare, that the facts stated in the preceding certificate, signed by of the said (city) merchant, on the day of are (to our knowledge, just and irue, or are in our opinion, just and true, and worthy of full faith and credit.) We also declare that there is (no consul or other public agent for the united states of America, or American merchants, as the case may require) now residing at this place. Dated at the city of this day of
T. L. And it shall be lawful for the consuls or agents of the united states, residing at the foreign ports, to demand twenty-five cents for administering each oath or affirmation aforesaid, and one dollar for granting each certificate as aforesaid; and if any consul or agent shall demand other or greater fces, than are allowed as aforesaid, his bond shall be forfeited.
82. Sect. LXXXII. If any goods, wares or merchandise, entered for exportation, with intent to drawback the duties, or to obtain any allowance given by law, on the exportation thereof, shall be landed within any port or place within the limits of the united states as aforesaid, all such goods, wares or merchandise shall be subject to seizure and forfeiture, together with the ship or vessel from which such goods, wares or merchandise shall be landed, and the vessels or boats used in landing the same ; and all persons concerned therein shall on indictment and conviction thereof, suffer imprisonnent for a term not exceeding six months; and for discovery of frauds, and seizure of goods, wares or nerchandise, relanded contrary to law, the several officers, established by this aci, shall have the same powers, and in case of seizure, the same proceedings shall be had, as in the case of goods, wares and merchandise imported contrary to law.
85. Sect. LXXXIII. On all pickled fish of the fisheries of the united states, exported therefrom, there shall be allowed and paid a bounty of thirty cents per bariel; and on all provisions salted within the united states (dried fish excepted) there shall be allowed and paid a
bounty of twenty-five cents per barrel, to be paid by the collector of the district from which the same shall be so exported, without any deduction or abatement: Provided alzars, that in order to enuitle thie exporter or exporters of such pickled fish or salted provisions to tiic benefit of such bounty or allowance, the said exporter or exporters shall make entry with the collector and naval officer of the cistrict, from whence the said pickled fish or salted provisions are intended to be exported, and shall specify in such entry the names of the master and vessel in which, and the place where sucii provisions or fish are intended to be exported, together with the particular quantity of each, wliether pickled fish or salted provisions, and the species thereof; and proof shall be made to the satisfaction of the collector of the district from which such articles are intended to be exported, and of the naval officer thereof, where any, that the same, if fish, are of the fisheries of the united states; if salted provisions, that they were salted within the united states; and no entry shall be received as aforcsaid, of any pickled fish or salted provisions, which have not been inspected and marked, pursuant to the inspection laws of the respective status, where inspection laws are in force, in regard to any pickled fish or selted provisions; and the casks, containing such fish or provisions, shall be branded with the words, "for bounty," with the name of the inspeclor or packer, the species and quality of the fish contained therein, and the name of the port of exportation; and the coilector of such cisi ict shall, together with the naval officer, where there is one, grant an order or permit for an inspector to examine the pickled fisli or salte:1 provisions, or both, as expressed in such entry, and if they correspond therewith, and the said officer is fully satisfied, that they are, if fish, of the fisheries of the united statcs, or if provisions, salted therein, to lade the same agreeably to such entry on board the ship or vessel therein expressed ; which lading shall be performed under the superintendence of the officer examining the same, who shall make returns of the quantity and quality of pickled fisi, or salted provisions, so laden on board, in virlue of such order or permit, to the viticer or officers granting the same. And the said exporier or exporters, when the lading is completed, and after returns thereof have been made, as above directed, shall make oath or affirmation, that the pickled fish, cr salted provisions expressed in such entry, and then actually laden on board the ship or vessel as therein expressed, are truly and bona fide, is pickled fish, of the fisheries of the united states, if salted provisions, salted therein ; that they are truly intended to be exported as therein specified, and are not intended to be relanded within the limits of the united states, and shall also give bond in double the amount of the duty, bounty, or allowance to be received, with one or more sureties to the satisfaction of the coilector of the port or place from which the said pickled fish, or salted provisions, are intended to be exported, conditioned that the same shall be landed and left at some foreign port or place without the limits aloresaid; which bonds shall be cancelled at the same periods, and in like manner as is provided in respect to bonds given on the exportation of goods, warts or merchandise, entitled to Crawback of duties: Provided always, I hat the said bounty or allowance shall not be paid until at least six months after the exportation of