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(ACT of March 2d, 1799.)
19. Sec. Xxxvi. The owner or owners, consignee or consignees, of any goods, wares, or merchandise, on board of any such ship or vessel, or, in case of his, her, or their, absence or sickness, his, her, or their, known agent or factor, in his, her, or their names, within fifteen days after the report of the master, or person having the charge or command of such ship or vessel, to the collector of the district for which such goods, wares, or merchandise, shall be destined, shall make entry thereof, in writing, with the said collector, and shall, in such entry, specify the vessel and master's names in which, and the port or place from whence, such goods, wares, or merchandise, were imported, the particular marks, numbers, denomination, and prime cost, including charges of each particular package or parcel whereof the entry shall eonsist, or, if in bulk, the quantity, quality, and prime cost, including charges thereof, particularly specifying the species of money in which the invoices [Infra act of 3d March, 1811, sec. 2.] thereof are made out; and shall, also, produce to the said collector and naval officer (if any) the original invoice or invoices of the said goods, wares or merchandise, or other documents received in lieu thereef, or concerning the same, in the same state in which they were received, with the bill or bills of loading for the same; which invoices shall be signed by the persons in the offices of the collector and naval officer, who shall have compared and examined the same: and the said entry or entries shall, as the nature of the case will admit or require, be agreeably to the form following, to wit:
Entry of merchandise imported by [insert the name of the importer or consignee] in the [insert the name and denomination of the vessel, and master's name] from [insert the place from which arrived] [insert date of entry.]
Provided^ That the form before mentioned shall and may be varied, and adapted to any alterations which may be made in the rates of duties upon goods, wares, and merchandise, hereafter to be imported into the United States. And the entry or entries to be made by any importer, consignee, or agent, as aforesaid, (ACT of March 2d. 1799.)
shall be verified by the oath or affirmation of the person making the same; the form of which oath or affirmation shall, as the case may require, be as follows, to wit: District of , port of .
I, [here insert the name of the person making the entry] do solemnly, sincerely, and truly, swear (or affirm) that the entry now subscribed with my name, and delivered by me to the collector of [insert the name of the district] contains a just and true account of all the goods, wares, and merchandise, imported for sale, or intended to be landed, in this district, for me or on my account, or on account of any house of ttade or partnership in which I am contented, in this district, or which actually came consigned to me. or to any house of trade or partnership in which I am concerned, or [if the entry be made by an agent] imported by, or consigned to [insert the name of the person or firm for whom entry is made] and intendedfor sale, or to be landed in this district, in the [insert the name and denomination of the vessel] whereof [insert the name of the master] is master, from [insert the name of the port from which the vessel arrived] that the said entry contains a just and true account in [insert the denomination of money in which the invoices and entry are made] of the cost thereof, including all charges; that the invoice or invoices, and bill or bills of loading, now produced by me, are the true, genuine, and only invoices, and bills of loading, by me received, of the said goods, wares, and merchandise, imported or consigned as aforesaid, and the only invoices by which I have been charged, or for which I am to account; and that the said invoices and bills of loading are in the actual state in which they were received by me, and that I do not know of any other invoices or account of the said goods, wares, or merchandise, different from what is or are here produced: I do further swear (or affirm) that if I hereafter discover any other, or greater, quantity of goods, wares, or merchandise, than is contained in the entry aforesaid, or shall receive any invoice of the whole, or any part, thereof, other in quantity, quality, and price, than has been now exhibited, I will, immediately and without delay, report the same to the collector of this district: I also swear (or affirm) that nothing has been concealed or suppressed in the entry aforesaid, whereby to avoid the just payment of the duties imposed by the laws of the United States, and that all matters are justly and truly expressed therein, according to my best knowledge and belief. So help me God.
Sworn (or affirmed) this day of ., before
A B, collector.
Provided, That whenever any entry shall be made with the collector of any district, of merchandise imported into the United States, subject to duty, by any agent, factor, or person, other than the person to whom they belong, or to whom they are ultimately consigned, it shall be the duty of the collector to take a bond, with surety, from such agent, factor, or person, (other than the (ACT of March 2d, 1799.)
bond or for securing the duties, in the penal sum of one thousand dollars) with condition that the bona fide owner or consignee of such goods, wares, or merchandise, shall, on or before the first day of payment stipulated in the bond or bonds for securing the duties, deliver, or cause to be delivered, to the said collector, a full and correct account of the said goods, wares, and merchandise, imported by him, or for him, on his own account, or consigned to his care, in the same manner and form as required by this section, in respect to an entry previous to the landing of any merchandise; which account shall be verified, as in the case of an entry, by a like oath or affirmation, to be taken and subscribed before any judge of the United States, or the judge of any court of record of a state, or before a collector of the customs of the same, or some other district; and in case of the payment of the duties, at the time of entry, by any factor or agent, on the goods, wares, or merchandise, entered by him, the condition of the bond aforesaid shall be to produce the account of the proper owner, or consignee, verified in manner as before directed, within ninety days from the date of such bond.
And the form of the said bond shall be as follows, to. wit:
Know all men by these presents, That we [here insert the names of the principal surety or sureties] are held and firmly bound unto the United States of America, in the sum of one thousand dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents.
Witness our hands and seals, this day of , one thousand seven hundred and ninety .
Whereas the above bounden has this day duly entered at
the custom house of , and (paid, or secured to be paid, as the
case may be) the duties on sundry goods, wares, and merchandise, .imported in the [insert the denomination and name of the vessel] whereof [insert name] is master, from [insert port or place where from] as particularly enumerated in the entry thereof, made and
subscribed by the said , in behalf of [insert the name or names
of the person or persons, actual owners, or consignees] bearing equal date herewith.
The condition of this obligation, therefore, is such, that if the
said bounden shall, on or before the , deliver, or cause
to be delivered, to the collector of the customs for the district of [insert name of the district where the bond is taken] a full and correct account from the said [insert name of the actual owner or consignee] of the aforesaid merchandise, imported by him on his own account, or consigned to his care, verified by the oath of the
said , being the proper owner or consignee, in manner and
form as would be required if he were personally present, taken before any judge of the United States, or of a court of record of a state, or before the collector of any other district, then this obli( ACT of March 2d, 1799.)
gation shall be null and void, otherwise it shall be and remain in full force and virtue..
Sealed and delivered in the presence of .
Provided always, That where the particulars of any goods, wares, or merchandise, shall be unknown, in lieu of the entry hereinbefore directed to be made, an entry thereof shall be made and received according to the circumstances of the case, the party making the same declaring, upon oath, all that he or she knows or believes concerning the quality and particulars of the said goods, wares, and merchandise, and that he or she hath no other knowledge or information cdncerning the same; which entrv,as well the first as the last, shall be made in writing, and shall be subscribed by the party making the same, if the proper owner or consignee, in their own name, or, if by an agent, factor, or person, other than such owner or consignee, in his or their names, as agents or factors for such owner or consignee: Provided, That in every case in which the entry of any goods, wares, or merchandise, shall be imperfect, for want of invoices, bills of loading, or for any other cause, it shall be the duty of the collector to take the said goods, wares, and merchandise, into his custody, until the quantity, quality, or value thereof, as the case may require, can be ascertained, in manner hereafter directed and prescribed.
20. Sec. xxxvn. Every importer of distilled spirits, wines, or teas, or person to whom distilled spirits, wines, or teas, are consigned, shall make a separate and additional entry thereof, specifying the name ot the vessei, and master, in which, and the place from whence, such spirits, wines, or teas, were imported, together with the quantity and quality thereof, and a particular detail of the chests, casks, or vessels, containing the same, with their marks and numbers; which entry shall be subscribed by the person making the same, for himself, or in behalf of the person for whom such entry is made; and shall be certified by the collector, before whom the same is made, as being a true copy, and conformable to the general entry before directed, in respect to all distilled spirits, wines, and teas, therein contained; which entry, thus certified, shall be transmitted to the surveyor, or officer acting as inspector of the revenne, for the port where it is intended to commence the delivery of such spirits, wines, or teas, so entered, or any part thereof: And every permit granted by such collector and naval officer, where any for the unlading of said spirits, wines, or teas, or any part thereof, shall, previous to such landing or unlading thereof, be produced to the said officer of inspection, who shall record or register, in proper books, the contents thereof, and shall endorse thereupon the word, " Inspected" the time when, and his own name; after which he shall return the said permit to the person by whom it shall have been produced, and then, and not otherwise, it shall be lawful to land the spirits, wines, or teas, therein specified; and if the said spirits, wines, or teas, shall be landed without
(ACT of March 2d, 1799.)
such endorsement upon the permit granted for that purpose, the master, or other person having the charge or command of the ship or vessel from which the same shall have been so landed, shall, for every such offence, forfeit and pay the sum of five hundred dollars; and the spirits, wines, or teas, so landed, shall be forfeited.
21. Sec. Xxxviii. All distilled spirits, wines, and teas, shall be landed under the inspection of the surveyor, or other officer, acting as inspector of the revenue for the port, and such of the inspectors of the customs as shall be deputed by him for that purpose, and not otherwise, on pain of forfeiture thereof, for which purpose the said officer or officers shall, at all reasonable times, attend: Provided, That this shall not be construed to exclude the inspection of any officer of the customs, as now or heretofore practised.
22. Sec. Xxxix. The officers of inspection of any port where distilled spirits, wines, or teas, shall be landed, shall, upon the landing thereof, and as soon as the casks, chests, vessels, and cases, containing the same, shall be inspected, guaged, or measured, brand, or otherwise mark, in durable characters, the 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 weight, if teas; also, the name of the surveyor or chief officer of inspection for the port, and the date of importation; of all which particulars the chief officers of inspection shall keep fair and correct accounts, in books to be provided for that purpose.
23. Sec. Xl. The surveyor, or chief officer of inspection, as aforesaid, within the port or district in which the said spirits, wines, or teas, shall be landed, shall give to the proprietor, importer, or consignee, thereof, or his or her agent, a certificate, to 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 proprietor, importer, consignee, or agent, and of the vessel from on board which the said spirits, wines, or teas, shall have been landed, and of the marks of each cask, chest, vessel, or case, containing the same; which certificate shall be of the form following, to wit:
District of .
Inspector's office, No. , port of .
I certify, that [here insert the name of the proprietor, importer, or consignee] imported into this district on the [here insert the