Графични страници
PDF файл
ePub

(ACT of March 2d, 1799.)

spectively, receive by virtue of this act, (such moneys as they are otherwise by this act directed to pay, only excepted,) and shall, once in every three months, or oftener if they shall be required, transmit their accounts for settlement, to the officer or officers whose duty it shall be to make such settlement; and if any collector, naval officer, or surveyor, shall omit to keep fair and true accounts as aforesaid, or shall refuse to submit, forthwith, their books, papers, and accounts, to inspection as aforesaid; or if any collector shall omit or refuse to render his accounts for settlement, for a term exceeding three months after the same shall have been required by the proper officer, in each and every such case the delinquent officer shall forfeit and pay, for the use of the United States, one thousand dollars, to be recovered with costs of suit.

6. Sec. Xxii. Every collector, naval officer, and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may, respectively, exercise and perform their several functions, powers, and duties, by deputy, duly constituted under their hands and seals, respectively, for whom, in the execution of their trust, they shall respectively be answerable: that in case of the disability or death of a collector, the duties and authorities vested in him shall devolve on his deputy, if any there be at the time of such disability or death, for whose conduct the estate of such disabled or deceased collector shall be liable; and in defect of a deputy, the said authorities and duties shall devolve upon the naval officer of the same district, if any there be; and if there be no naval officer, upon the surveyor of the port appointed for the residence of such disabled or deceased collector, if any there be, and if none, upon the surveyor of the port nearest thereto and within the said district. And in every case of the disability or death of a surveyor it shall be lawful for the collector of the district to nominate some fit person to perform his duties and exercise his authorities; and the authorities of the persons who may be empowered to act in the stead of those who may be disabled or dead, shall continue until successors shall be duly appointed, and ready to enter upon the execution of their respective offices.

7. Sec. xxru. No goods, wares, or merchandise, shall be brought into the United States from any foreign port or place, in any ship or vessel belonging, in the whole or in part, to a citizen or citizens, inhabitant or inhabitants, of the United States, unless the master, or person having the charge or command of such ship or vessel, shall have on board a manifest or manifests, in writing, signed by such master or other person, containing the name or names of the port or ports, place or places, where the goods, in such manifest or manifests mentioned, shall have been respectively taken on board, and the port or ports, place or places, within the United States, for which the same are respectively consigned or destined, particularly noting the goods, wares, and merchandise, destined for each port or place, respectively, and the name, description, and bmlt, of such ship or vessel, and the true admeasurement or tonnage (ACT of March 2d, 1799.)

thereof, the port or place to which such vessel belongs, with the name or names of each owner, according to the register of the same, together with the name of the master, or other person having the charge or command of such ship or vessel, and a just and particular account of all the goods, wares, and merchandise, so laden or taken on board, whether in packages or stowed loose, of any kind or nature whatsoever, together with the marks and numbers, as marked on each package, and the number or quality and description of the packages, in words at length, whether leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, chest, box, bandbox, bundle, parcel, cask, or package, of any kind or sort, describing the same by its usual name or denomination; together with the name or names of the person or persons to whom the same are, respectively, consigned, agreeably to the bills of loading signed for the same, unless when the said goods are consigned to order, when it shall be so expressed in the said manifest or manifests; together with the name or names of the several passengers on board the said ship or vessel, distinguishing whether cabin or steerage passengers, or both, with their baggage, specifying the number and description of packages belonging to each, respectively, together with an account of the remaining sea stores, if any. And the form of a manifest for goods and merchandise, imported in a vessel of the United States', shall be as follows, to wit:

Report and manifest of the cargo laden on board of the [here insert the denomination and name of the vessel] whereof [insert the master's name] is master, which cargo was taken on board at [here insert the port or ports, place or places, at which the cargo

was laden] burden tons, built at , in the state of ——,

and owned by , merchants at , [inserting the tonnage,

where built, by whom owned, and place or places of residence, as particularly detailed in the certificate of registry] as per register granted at [here insert the port or place] the [here insert the day of the month, and year, when granted] and bound for [here insert the name of the port or place where bound to.]

[table]

Returned cargo.

[If any articles of the outward cargo are brought back they are to be detailed, specifying by whom shipped outward, and to whom consigned inward.]

(ACT of March 2d, 1799.)

Return of passengers, and of packages belonging to them, respectively. >

[Here insert the names of the passengers, and whether cabin or steerage passengers, with the description and number of packages containing their baggage, or the tools or implements of a mechanical trade.]

Vessel and cabin stores.

[Here detail what are remaining.]

And if merchandise shall be imported, destined to be delivered in different districts or ports, the quantities and packages, so destined to be delivered, shall be inserted in successive order in the manifest as aforesaid; and all spirits, wines, and teas, constituting the whole or any part of the cargo of any vessel, shall also be inserted in successive order, distinguishing the ports to which the same may be destined, and the kinds, qualities, and quantities, thereof; and if merchandise shall be imported by citizens or inhabitants of the United States, in vessels other than the United States, the manifests shall be of the form, and shall contain the particulars, aforesaid, except that said vessels shall be described in manner following, viz:

Report and manifest of the cargo laden on board the [here insert the denomination and name of the vessel, and the port to which she belongs] whereof [here insert the master's name, and whether or not master during the voyage] burthen [here insert the nation where built] bound [here insert the port or ports of destination] which cargo was taken on board at [here insert the port or ports where laden.]

8. Sec. Xxiv. If any goods, wares, and merchandise, shall be imported or brought into the United States, in any ship or vessel whatever, belonging, in the whole or in part, to a citizen or citizens, inhabitant or inhabitants of the United States, from any foreign port or place, without having a manifest or manifests on board agreeably to the directions in the foregoing section, or which shall not be included or described therein, or shall not agree therewith; in every such case the master, or other person having the charge or command of such ship or vessel, shall forfeit and pay a sum of money equal to the value of such goods not included in such manifest or manifests; and all such merchandise not included in the manifest, belonging or consigned to the master, mate, officers, or crew, of such ship or vessel, shall be forfeited: Provided always. That if it shall be made appear to the satisfaction of the collector, naval officer, and surveyor, or to the major part of them, where those officers are established at any port, or to the satisfaction of the collector alone, where either of the other of the said officers are not established, or to the satisfaction of the court in which a trial shall be had concerning such forfeiture, that no part of the cargo of such ship or vessel had been unshipped, after it was taken on board, except such as shall have been particularly specified and (ACT of March 2d, 1799.)

accounted for in the report of the master or other person having the charge or command of such ship or vessel, and that the manifests had been lost or mislaid, without fraud or collusion, or that the same was or were defaced by accident, or incorrect by mistake, in every such case the forfeiture aforesaid shall not be incurred.

9. Sec. Xxv. Every master, or other person having the charge or command of any ship or vessel, belonging, in the whole or in part, to a citizen or citizens, inhabitant or inhabitants, of the United States, laden with goods, as aforesaid, and bound to any port or place in the United States, shall, on his arrival within four leagues of the coast thereof, or within any of the bays, harbors, ports, rivers, creeks, or inlets, thereof, upon demand, produce the manifest or manifests in writing, which such master or other person is required as aforsaid to have on board his said ship or vessel, to such officer or officers of the customs as shall first come on board his said ship or vessel, for his or their inspection, and shall deliver to such officer or officers a true copy or copies thereof, (which copy or copies shall be provided and subscribed by the said master, or other person having the charge or command of such ship or vessel,) and the officer or officers to whom the original manifest or manifests shall have been so produced, shall, respectively, certify, upon the back thereof, that the same was or were produced, and the day and year on which the same was or were so produced, and that such copy or copies as aforesaid, was or were to him or them delivered, and by them examined with the original manifest; and shall likewise certify, upon the back of such copy or copies, the day and year on which the same was or were delivered, and shall, forthwith, transmit such copy or copies to the respective collectors of the several districts to which the goods, by such manifest or manifests, shall appear, respectively, to be consigned; and that the said master, or other person so having the charge or command of any such ship or vessel, shall, in like manner, produce to the officer or officers of the customs who shall first come on board such ship or vessel, upon her arrival within the limits of any district of the United States in which the cargo, or any part thereof, is intended to be discharged or landed, for his or their inspection, such manifest or manifests as aforesaid; and shall also deliver to him or them a true copy or copies thereof (such copy or copies also to be provided and subscribed by the said master, or other person having the charge or command of such ship or vessel,) the production of which said manifest or manifests, and the delivery of which said copy or copies thereof, shall also be certified by the said officer or officers of the customs who shall so first come on board the said ship or vessel on her arrival within the limits of any such district, upon the back of the said original manifest or manifests, with the particular day and year when such manifest or manifests was or were produced to such officer or officers, and when he or they so received the said copy or copies thereof; and such officer or officers is, and are, hereby required forthwith (ACT of March 2d, 1799.)

to transmit, or cause to be transmitted, the said copy or copies of the said manifest or manifests to the collector of that district; and the said master, or person having the charge or command of the said ship or vessel, shall afterwards produce and deliver the said original manifest or manifests, so certified, to the said collector; and when any manifest shall be produced, upon which there shall be no certificate from any officer of the customs, as beforementioned, fhe master or commander producing the same shall be required to make oath or affirmation, that no officer has applied for, and that no endorsement has taken place on, any manifest of the cargo of such vessel: Provided always, That nothing herein contained shall be construed to require of such master, or other person having the charge or command of such ship or vessel, the delivery of more than one copy of each manifest to the officer or officers aforesaid, who shall first come on board of such ship or vessel, within four leagues of the coast of the United States aforesaid, and one other copy to such officer or officers as shall first come on board within the limits of any district, for which the cargo of such ship or vessel, or some part thereof, shall be consigned or destined, or shall be construed to require the delivery of any such copy to any other officer; but it shall be sufficient, in respect to any such other officer, to produce and show to him the said original manifest or manifests, and the certificate or certificates thereupon: and the form of the certificate aforesaid, to be endorsed on an original manifest, shall be as follows, to wit:

I [A. B,] certify that the within manifest was this day produced to me as the original manifest of the cargo on board the [insert the denomination and name of the vessel] whereof [insert the name] is master, from [insert the port last from.] In witness

whereof I have hereunto signed my name, this day of ——.

And the form of the certificate aforesaid, to be endorsed on the copy of a manifest, shall be as follows, to wit:

I [A B,] certify that I have examined the within manifest produced to me this day as a copy of the orignal manifest of the cargo onboard 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 hertunto signed my name, this day of .

Sec. Xxvi. 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 destine

« ПредишнаНапред »