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(ACT of March 2d, 1799.)
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, where any, first had and granted for that purpose: and the inspector aforesaid shall enter, in 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 this act, 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 surveyor in the month of January, in every year, for his inspection, and immediately after such inspection, be transmitted by the surveyor, with such observations as he may think necessary thereon, to the collector, to be deposited in his office. 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, and merchandise, is 'awful, particularly from the rising till the setting of the sun, on i ich day, Sundays and the fourth day of July, in each year, excepted; for which purpose they shall constantly attend 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 surveyor 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 seven 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 this act, under the penalty of being disabled from acting any longer as an inspector of the customs; and the wages or compensation of such inspector or inspectors, as may proceed from one district to another, shall be defrayed by the master, or person having the 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 (ACT of March 2d, 1799.)
ship or vessel, not in the port of the United States, discharging her cargo, shall be entitled to receive, from the master ol 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 one hundred dollars.
36. Sec. Liv. It shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters, hereinafter mentioned, to go on board of ships or vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests aforesaid, and of examining and searching the said ships or vessels; and the said officers, respectively, shall have free access to the cabin, and every other part of a ship or vessel; and if any box, trunk, chest, cask, or other package, shall be found in the cabin, steerage or forecastle, of such ship or vessel, or in any other place, separate from the residue of the cargo, it shall be the duty of the said officer to take a particular account of every such box, trunk, chest, cask or other package, and of the marks and numbers thereof, if any there be, and a description thereof, and if he shall judge proper, to put a seal or seals on every such box, trunk, chest, cask, or other package; and such an account and description shall be by him forwarded, without delay, to the collector of the district to which such ship or vessel is bound. And if, upon her arrival at the port of her entry, the boxes, trunks, chests, casks, or other packages, so described, or any of them, shall be missing, or if .the seals put thereon be broken, the master or commander of such ship or vessel shall forfeit and pay, for every such box, trunk, chest, cask, or other package, so missing, or of which the seals shall be broken, the sum of two hundred dollars. And it shall also be lawful for the inspectors, who may be put on board of any ship or vessel, (and they are hereby required and enjoined so to do) to secure, after sunset in each evening, or previous to their quitting the ship or vessel, the hatches and other communications with the hold of such ship or vessel, or any other part thereof he or they may judge necessary, with locks or other proper fastenings, which locks or other fastenings shall not be opened, broken, or removed, until the morning following, or after the rising of the sun, and in the presence of the inspector or inspectors, by whom the same shall have been so affixed, except by special license from the collector of the port, and naval officer thereof, if any, for that purpose first had and obtained. And if the said locks or other fastenings, or any of them, shall be broken or removed, during the night, or before the said I ising of the sun, or without the presence of the said inspector or iuspectors, or without such license first had and oh
(ACT of March 2d, 1799.)
tained, or if any goods or packages shall be clandestinely landed, notice thereof shall be immediately given by the inspector or inspectors, to the collector and naval officer of the district, port or place, where the vessel may be; and the master, or other person having the charge or command of any such ship or vessel, shall, for each or every of the offences aforesaid, forfeit and pay the sum of five hundred dollars.
37. Sec. Lv. When the delivery of goods, wares, and merchandise, from on board of any ship or vessel, shall have been completed, copies of the accounts or entries, which shall have been kept or made thereof, by the officer or officers who shall have been charged with the said deliveries, shall be returned to the collector of the district, and naval officer of the same, if any there be, within three days after such delivery hath been completed, if at the port where such officer or officers reside, and if at any other port, as soon as the nature of the case will admit, not exceeding fifteen days; and the accounts or entries to be returned as aforesaid, shall comprise all deliveries made pursuant to permits as aforesaid, and all packages or merchandise sent to the public stores; also, each and every package remaining on board of such ship or vessel, for the purpose of being exported therein, to a foreign port or place, or to some other district of the United States. And the returns of the inspectors to be made as aforesaid, shall be according to the followiug form, namely:
Return of merchandise, unladen under my inspectiop, pursuant to permits for that purpose, from on board the [insert the names of the vessel and master] from [insert the port from which the vessel arrived.]
And the returns, to be made as aforesaid, shall be signed by the inspectors, respectively, under whose superintendence the deliveries shall have been made; and after examination, and on being found correct, said returns shall be countersigned or certified by the surveyor of the port, if any there be, at the port where the deliveries have been made; and the said returns shall be transmitted by him to the naval officer, if any there be, who shall compare the same with the manifests and entries in his possession; and if any difference shall appear, the particulars thereof shall be noted (ACT of March 2d, 1799.)
by endorsement on the said returns, and if no difference shall appear, it shall be so noted by like endorsements; and transmit the same to the collector of the district; and on being returned to the collector, it shall be by him compared with the manifest and entries of such goods, wares, or merchandise, which shall have been made by the owner or owners, consignee or consignees, or his or their factor, or agent; and if any difference shall appear, the same shall be noted, by endorsement on such manifests, specifying the particulars thereof; and if no difference shall appear, it shall be noted, by like endorsement, that the delivery hath corresponded with the entry or entries thereof; which endorsement or memorandum shall, in each case, he subscribed by the officer by whom such comparison shall have been made.
38. Sec Lvi. If, at the expiration of fifteen working days, after the tin.e within which the report of the master, or person having the charge or command of any ship or vessel, so required to be made to the collector of a district as aforesaid, there shall be found on board any goods, wares, and merchandise, other than shall have been reported for some other district, or some foreign port or place, the said inspector or inspectors, shall take possession thereof: Provided, That with the consent of the owner or consignee of any goods, wares, or merchandise, or with the consent of the owner or master of the vessel, in which the same may be imported, the said goods, wares, or merchandise, may be taken possession of, at any time, after five days' notice to the collector of the district. And all goods, wares, or merchandise taken as aforesaid, shall be delivered pursuant to the order of the collector of the district; for which a certificate or receipt shall be granted, in the following form:
District of , port of .
I certify, that there has been received into store, from on board the [insert the denomination and name of the vessel] whereof [insert the name] is master, from [insert the port or place where from] the following merchandise, to wit: [here enumerate the several packages, their denominations, marks, and numbers, and, if articles in bulk, the quantity] lodged by [insert the name] inspector, under whose care the said vessel was unladen.
And the said goods shall be kept, with due and reasonable care, at the charge and risk of the owner or 'owners thereof, for the term of nine months, and if within that time, no claim be made for the same, the said collector shall procure an inventory of the said goods, and an appraisement thereof, to be made, and to be verified, on oath or affirmation, by two or more reputable merchants, before the said collector, and to remain with him: and said collector shall afterwards cause the said goods to be sold at public auction (previously causing the same to be advertised, in one or more of the public newspapers, printed at or nearest to the port or (ACT of March 2d, 1799.)
place where the sale is to be, for the space of one month) and, retaining the duties thereon, agreeably to such inventory and appraisement, and all charges thereon, shall pay the overplus, if any there be, into the treasury of the United States, there to remain for the use of the owner or owners, who shall, upon due proof of his, her, or their property, be entitled to receive the same; for which purpose the collector shall transmit, with the said overplus, a copy of the'inventory, appraisement, and account of sales, specifying the marks, numbers, and descriptions, of the packages sold, their contents, the name of the vessel and master, in which, and ,of the port or place from whence, they were imported, and the time when, and the name of the person, or persons, to whom the said goods were consigned in the manifest; and the receipt or certificate of the collector shall exonerate the master, or person having the charge or command of any ship or vessel, in which such goods, wares, and merchandise, were imported, from all claim of the owner or owners thereof: Provided, That nothing herein contained shall be understood to prohibit the sale of such quantities •f goods, stored as aforesaid, as may be necessary to discharge the duties thereon, at the time or times when such duties shall become due and payable. And Provided, That where any entry shall have been duly made of such goods, the same shall not be appraised; and that where such goods are of a perishable nature, they shall be sold forthwith: Provided further, That the said limitation of fifteen da\ s shall not extend to ships or vessels laden with salt or coal; but if the said master or owner of any such ship or vessel, so laden with salt or coal, requires a longer time to discharge her cargo, the wages, or compensation of the inspector, for every day's attendance, exceeding the said fifteen days, shall be paid by the said master or owner; and thereupon, the collector is hereby authorized and required to allow such longer time as, in his judgment, he may think necessary to discharge such cargo, not exceeding fifteen days. And if, by reason of the delivery of the cargo in several districts, more than the said term of fifteen working days shall, in the whole, be spent therein, the wages or compensation of the inspector or inspectors, who may be employed on board of any ship or vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by the said master or owner; and it shall be the duty of such inspectors, previously to the clearance of such ship or vessel, to render an exact account to the collector, of all such compensations as shall have been paid, or shall be due and payable, by such master or owner.
39. Sec. Lvii. If any package whatever, which shall have been reported as aforesaid, shall be wanting, and not found on board such ship or vessel, or if the goods, wares, and merchandise, on board such ship or vessel, shall otherwise not agree with the report or manifest delivered by the master or other person having the charge or command of any such ship or vessel, in every such