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ACT of April 20th, 1818. Pamphlet edit. 190.
[See Duties—general regulations 107, &c.]
35. Sec. Xxiv. In all cases of entry of merchandise, for the benefit of drawback, the time of twenty days shall be allowed, from the date of the clearance of the ship or vessel, in which the same shall be laden, for giving the exportation bonds for the same: Provided, That the exporter shall in every other particular, comply with the regulations and formalities heretofore established for entries of exportation, for the benefit of drawback.
ACT of February 20th, 1819. Pamphlet edit. 29.
An act providing additional penalties for false entries for the benefit of drawback, or bounty on exportation.
36. Sec. I- In addition to the forfeitures and penalties heretofore provided by law, for making a false entry with the collector of any district, of any goods, wares, or merchandise, for the benefit of drawback or bounty on exportation, the person making such false entry shall, (except in the cases heretofore excepted by law,) forfeit and pay to the United States a sum equal to the value of the articles mentioned or described in such entry; to be sued for, recovered, distributed, and accounted for, in the manner prescribed by the act, entitled " An act to regulate the duties on imports and tonnage," passed on the second day of March, one thousand seven hundred and ninety-nine.
ACT of March 3d, 1819. Pamphlet edit. 79.
[See Duties on imports and tonnage, 33, &c.]
37. Sec. nr. There shall be a drawback of the duties by this act, imposed on goods, wares, and merchandise imported into the United States, upon the exportation thereof, within the time and in the manner prescribed in the fourth section of the act, entitled "An act to regulate the duties on imports and tonnage," passed on the twenty-seventh day of April, one thousand eight hundred and sixteen. [Supra, HI.]
ACT of April 18th, 1820. Pamphlet edit. 49. [See Duties, general regulations, 129.]
38. Sec. it. In all cases of entry of merchandise for the benefit of drawback, the time of twenty days shall be allowed, from the date of the clearance of the ship or vessel in which the same shall be laden, for completing the entry and taking the oaths required by law: Provided, That the exporter shall in every other particular, comply with the regulations and formalities heretofore established for entries of exportation, for the benefit of drawback.
Shipping articles, 1, 8, 9 I Penalty on false entries, &c. *, IS
Lien for skippers' share, 2 Annual allowance, 6, 7
Bounty, S, 4, 12 |
ACT of June 19th, 1813. 4 Bioren, 539.
1. Sec. I. The master or skipper of any vessel of the burthen of twenty tons or upwards, qualified according to law for carrying on the bank and other cod fisheries, bound from a port of the United States, to be employed in any such fishery, at sea, shall, before proceeding on such fishing voyage, make an agreement in writing or print with every fisherman who may be employed therein, (except only an apprentice or servant of himself or owner) and, in addition to such terms of shipment as may be agreed on, shall, in such agreement, express whether the same is to continue for one voyage or for the fishing season, and shall also express that the fish or the proceeds of such fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish which they may respectively have caught; which agreement shall be endorsed or countersigned by the owner of such fishing vessel or his agi-nt. And if any fisherman, having engaged himself for a voyage, or for the fishing season, in any fishing vessel, and signed an agreement therefor, as aforesaid, shall thereafter, and while such agreement remains in force and to be performed, desert or absent himself from such vessel without leave of the master or skipper thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchant service, and may, in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage, to which such deserter had or shall become entitled. And any fisherman, having engaged himself as aforesaid, who shall, during such fishing voyage, refuse or neglect his proper duty on board the fishing vessel, being thereto ordered or required by the master or skipper thereof, or shall otherwise resist his just commands, to the hindrance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit, to the use of the owner of such vessel, his share of any public allowance which may be paid upon such voyage.
2. Sec. Ii. Where an agreement or contract shall be so made and signed, for a fishing voyage, or for the fishing season, and any fish, which may have been caught on board such vessel during the same, shall be delivered to the owner or to his agent for cure, and
(ACT of July 29th, 1813.)
shall be sold by said owner or agent, such vessel shall, for the term of six months after such sale, be liable and answerable for the skipper's and every other fisherman's share of such fish, and may be proceeded against in the same form, and to the same effect, as any other vessel is by law liable and may be proceeded against for the wages of seamen or mariners in the merchant service. And upon such process for the value of a share or shares of the proceeds of fish delivered and sold as aforesaid, it shall be incumbent on the owner or his agent to produce a just account of the sales and division of such fish, according to such agreement or contract; otherwise the said vessel shall be answerable, upon such process, for what may be the highest value of the share or sh ires demanded. But in all cases the owner of such vessel or his agent, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voyage, and of other supplies therefor made, to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands, respectively: and judgment shall be rendered upon such process for the respective balances which, upon such an inquiry, shall appear: Provided, always, That when process shall be issued against any vessel liable as aforesaid, if the owner thereof, or his agent, will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish, or the proceeds thereof, as aforesaid.
ACT of July 29th, 1813. 4 Bioren, 582.
An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries.
3. Sec. n. On all pickled fish of the fisheries of the United States, exported therefrom subsequent to the last day of December, one thousand eight hundred and fourteen, there shall be allowed and paid a bounty of twenty 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 always, That, in order, to entitle the exporter or exporters of such pickled fish to the benefit of such bounty or allowance, the said exporter or exporters shall make entry with the collector and naval officer of the district from whence the said pickled fish are intended to be exported; and shall specify in such entry the names of the master and vessel in which, and the place where, such fish are intended to be
(ACT of July 29th, 1813.)
exported, together with the particular quantity; and proof shall be made, to the satisfaction of the collector of the district from which such pickled fish are intended to be exported, and of the naval officer thereof, if any, that the same are of the fisheries of the United States; and no entry shall be received, as aforesaid, of any pickled fish which have not been inspected and marked pursuant to the inspection laws of the respective states where inspection laws are in force, in regard to any pickled fish; and the casks containing such fish shall be branded with the words " for bounty," with the name of the inspector or packer, the species and quality of the fish contained therein, and the name of the port of exportation; and the collector of such district shall, together with the naval officer, where there is one, grant an order or permit for an inspector to examine the pickled fish as expressed in such entry; and if they correspond therewith, and the said officer is fully satisfied that they are of the fisheries of the United States, 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 fish so laden on board, in virtue of such order or permit, to the officer or officers granting the same. And the said exporter 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 expressed in such entry, and then actually laden on board the ship or vessel as therein expressed, are truly and bona fide of the fisheries of the United States, that they arj 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 bounty or allowance to be received, with one or more sureties, to the satisfaction of the collector of the port or place from which the said pickled fish are intended to be exported, conditioned that the same shall be landed and left at some foreign port or place without the limits aforesaid; 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, wares, and merchandise, entitled *to drawback of duties: Provided always, That the said bounty or allowance shall not be paid until at least six months after the exportation of such pickled fish, to be computed from the date of the bond, and until the exporter or exporters thereof shall produce to the collector, with whom such outward entry is made, such certificates, or other satisfactory proof, of the landing of the same as aforesaid, as is made necessary for cancelling the bonds given on the exportation of goods entitled to drawback: And provided also, That the bounty or allowance as aforesaid, shall not be paid unless the same shall amount to ten dollars, at least, upon each entry.
4. Sec. nr. No bounty, drawback, or allowance, shall be made under the authority of this act, unless it shall be proved to the sa« (ACT of July 29th, 1813.)
tisfaction of the collector that the pickled fish for which the bounty, drawback, or allowance, shall be claimed, was wholly cured with foreign salt, and on which a duty shall have been secured or paid.
5. Sec. Iv. If any pickled fish shall be falsely or fraudulently entered, with intent to obtain the bounty or allowance on their exportation, as here provided, when the said fish are not entitled to the same, the said fish, or the value thereof, to be recovered of the person making such false entry, shall be forfeited.
6. Sec. V. From and after the last day of December, one thousand eight hundred and fourteen, there shall be paid, on the last day of December, annually, to the owner of every vessel, or his agent, by the collector of the district where such vessel may belong, that shall be qualified, agreeably to law, for carrying on the bank and other cod fisheries, and that shall actually have been employed therein at sea for the term of four months at the least of the fishing season next preceding, which season is accounted to be from the last day of February to the last day of November in every year, for each and every ton of such vessel's burthen, according to her admeasurement as licensed or enrolled, if of twenty tons, and not exceeding thirty tons, two dollars and forty cents; and if above thirty tons, four dollars; of which allowance aforesaid three-eighth parts shall accrue and belong to the owner of such fishing vessel, and the other five-eighths thereof shall be divided by him, his agent, or lawful representative, to and among the several fishermen, who shall have been employed in such vessel during the season aforesaid, or a part thereof, as the case may be, in such proportions as the fish they shall respectively have taken may bear to the whole quantity of fish taken on board such vessel during such season: Provided, That the allowance aforesaid on any one vessel, for one season, shall not exceed two hundred and seventy-two dollars. [Infra, 13, 14.]
7. Sec. Vi. From and after the last day of December, one thousand eight hundred and fourteen, there shall also be paid, on the last day of December, annually, to the owner of every fishing boat or vessel of more than five tons and less than twenty tons, or to his agent or lawful representative, by the collector of the district where such boat or vessel may belong, the sum of one dollar and sixty cents upon every ton admeasurement of such boat or vessel, which allowance shall be accounted for as part of the proceeds of the fares of said boat or vessel, and shall accordingly be so divided among all persons interested therein: Provided, however. That this allowance shall be made only to such boats or vessels as shall have been actually employed at sea in the cod fishery for the term of four months at the least of the preceding season: And provided also, That such boat or vessel shall have landed, in the course of said preceding season, a quantity of fish not less than twelve quintals for every ton ot her admeasurement; the said quantity of fish