Графични страници
PDF файл
ePub

(ACT of February 18th, 1793.)

trict where they shall so arrive, and shall deliver up the permit accompanying the same; and if the owner or consignee aforesaid, shall neglect or refuse to make due entry of such goods, within the time, and in the manner, herein directed, all such goods, wares, and merchandise, shall be subject to forfeiture; and if the permit granted shall not be given up, within the time limited for making the said report, the person or persons to whom it was granted, neglecting or refusing to deliver it up, shall forfeit fifty dollars for every twenty-four hours it shall be withheld afterwards: Provided, That where the goods, wares, and merchandise, to be transported in manner aforesaid, shall be of less value than eight hundred dollars, the said oath and permit shall not be deemed necessary, nor shall the owner or consignee be obliged to make report to the collector of the district where the said goods, wares, and merchandise, shall arrive.

SEC. XX. When any ship or vessel of the United States, registered according to law, shall be employed in going from any one district in the United States, to any other district, such ship or vessel, and the master or commander thereof, with the goods she may have on board, previous to her departure from the district where she may be, and also upon her arrival in any other district, shall be subject, (except as to the payment of fees,) to the same regulations, provisions, penalties, and forfeitures, and the like duties. are imposed on like officers, as is provided by the sixteenth and seventeenth sections of this act, for ships or vessels licensed for carrying on the coasting trade: Provided, however, That nothing herein contained shall be construed to extend to registered ships or vessels of the United States, having on board goods, wares, and merchandise, of foreign growth or manufacture, brought into the United States in such ship or vessel from a foreign port, and on which the duties have not been paid, or secured, according to law.

SEC. XXI. When any ship or vessel, licensed for carrying on the fishery, shall be intended to touch and trade at any foreign port or place, it shall be the duty of the master, commander, or own. er, to obtain permission for that purpose, from the collector of the district where such ship or vessel may be, previous to her departure; and the master or commander of every such ship or vessel shall deliver like manifests, and make like entries, both of the ship or vessel, and of the goods, wares, or merchandise, on board, within the same time, and under the same penalty, as by the laws of the United States are provided for ships or vessels of the United States arriving from a foreign port. And if any ship or vessel, licensed for carrying on the fisheries, shall be found within three leagues of the coast, with goods, wares, or merchandise, of foreign growth or manufacture, exceeding the value of five hundred dollars, without having such permission as is herein directed, such ship or vessel, together with the goods, wares, or mer

(ACT of February 18th, 1793.)

chandise, of foreign growth or manufacture, imported therein, shall be subject to seizure and forfeiture.

SEC. XXII. The master or commander of every ship or vessel, employed in the transportation of goods from district to district, that shall put into a port other than the one to which she was bound, shall, within twenty-four hours of his arrival, if there be an officer residing at such port, and she continue there so long, make report of his arrival, to such officer, with the name of the place he came from, and to which he is bound, with an account of his lading; and if the master of such ship or vessel shall neglect or refuse to do the same, he shall forfeit twenty dollars.

SEC. XXIII. If the master or commander of any ship or vessel, employed in the transportation of goods, from district to district, having on board goods, wares, or merchandise, of foreign growth or manufacture, or distilled spirits, shall, on his arrival at the port to which he was destined, have lost or mislaid the certified manifest of the same, or the permit which was given therefor, by the collector or surveyor of the district from whence he sailed, the collector of the district where he shall so arrive shall take bond for the payment of the duties on such goods, wares, and merchandise, of foreign growth or manufacture, or distilled spirits, within six months, in the same manner as though they were imported from a foreign country: Provided, however, such bond shall be cancelled, if the said master shall deliver, or cause to be delivered, to the collector taking such bond, and within the term therein limited for payment, a certificate, from the collector or surveyor of the district from whence he sailed, that such goods were legally exported, in such ship or vessel, from such district. SEC. XXIV. The master or commander of every foreign ship or vessel, bound from a district in the United States to any other district within the same, shall, in all cases, previous to her departure from such district, deliver to the collector of such district duplicate manifests of the lading on board such ship or vessel, if there be any, or if there be none, he shall declare that such is the case, and to the truth of such manifests or declaration he shall swear or affirm, and also obtain a permit from the said collector, authorising him to proceed to the place of his destination. And the master or commander of every such ship or vessel, on his arrival within any district, from any other district, shall, in all cases, within forty-eight hours after his arrival, and previous to the unlading any goods from on board such ship or vessel, deliver to the collector of the district where he may have arrived, a manifest of the goods laden on board such ship or vessel, if any there be, or, if in ballast only, he shall so declare, and to the truth of which manifest or declaration he shall swear or affirm; and also, that such manifest contains an account of all the goods, wares, and merchandise, which were on board such ship or vessel at the time, or have been since, her departure from the place from whence she shall be reported last to have sailed; and he shall also

(ACT of February 18th, 1793.)

deliver to such collector the permit which was given him from the collector of the district from whence he sailed. And if the master or commander of any such ship or vessel shall neglect, or refuse, complying with any of the requirements herein made, he shall forfeit one hundred dollars: Provided always, That nothing herein contained shall be construed as affecting the payment of tonnage, or any other requirements which such ship or vessels are now subject to by the present existing laws of the United States.

SEC. XXV. In every case where the collector is, by this act, directed to grant any enrolment, license, certificate, permit, or other document, the naval officer residing at the port (if there be one) shall sign the same; and every surveyor who shall certify a manifest, or grant a permit, or who shall receive any certified manifest, or a permit, as is provided for in this act, shall make monthly returns thereof, or sooner, if it can conveniently be made, to the collector of the district where such surveyor may reside.

SEC. XXVI. Before any ship or vessel, of the burthen of five tons, and less than twenty tons, shall be licensed, the same admeasurement shall be made of such ship or vessel, and the same provisions observed relative thereto, as are to be observed in case of admeasuring ships or vessels to be registered or enrolled; but in all cases where such ship or vessel, or any other licensed ship or vessel, shall have been once admeasured, it shall not be necessary to measure such ship or vessel anew, for the purpose of obtaining another enrolment or license, except such ship or vessel shall have undergone some alteration as to her burthen, subsequent to the time of her former license.

SEC. XXVII. It shall be lawful for any officer of the revenue to go on board of any ship or vessel, whether she shall be within or without his district, and the same to inspect, search, and examine, and, if it shall appear that any breach of the laws of the United States has been committed, whereby such ship or vessel, or the goods, wares, and merchandise, on board, or any part thereof is,' or are, liable to forfeiture, to make seizure of the same.

SEC. XXVIII. In every case where a forfeiture of any ship or vessel, or of any goods, wares, or merchandise, shall accrue, it shall be the duty of the collector, or other proper officer, who shall give notice of the seizure of such ship or vessel, or of such goods, wares, or merchandise, to insert, in the same advertisement, the name or names, and the place or places of residence, of the person or persons to whom any such ship or vessel, goods, wares, and merchandise, belonged, or were consigned, at the time of such seizure, if the same shall be known to him.

SEC. XXIX. Every collector, who shall knowingly make any record of enrolment or license of any ship or vessel, and every other officer, or person, appointed by or under them, who shall make any record, or grant any certificate, or other document whatever, contrary to the true intent and meaning of this act, or shall take

(ACT of February 18th, 1793.)

any other, or greater, fees, than are by this act allowed, or shall receive, for any service performed pursuant to this act, any reward or gratuity, and every surveyor, or other person appointed to measure ships or vessels, who shall wilfully deliver to any collector, or naval officer, a false description of any ship or vessel, to be enrolled or licensed in pursuance of this act, shall, upon conviction of any such neglect or offence, forfeit to the United States five hundred dollars, and be rendered incapable of serving in any office of trust or profit under the United States. And if any person, authorised and required by this act, in respect to his office, to perform any act or thing required by this act, shall wilfully neglect or refuse to do and perform the same, according to the true intent and meaning of this act, such person, on being duly convicted thereof, if not hereby subject to the penalty and disqualifications aforesaid, shall forfeit and pay the sum of five hundred dollars for the first offence, and a like sum for the second offence, and shall, from thenceforward, be rendered incapable of holding any office of trust or profit under the United States.

SEC. XXX. If any person or persons shall swear or affirm to any of the matters, herein required to be verified, knowing the same to be false, such person or persons shall suffer the like pains and penalties as shall be incurred by persons committing wilful and corrupt perjury. And if any person or persons shall forge, counterfeit, erase, alter, or falsify, any enrolment, license, certificate, permit, or other document mentioned or required in this act, to be granted by any officer of the revenue, such person or persons, so offending, shall forfeit five hundred dollars.

SEC. XXXI. If any person or persons shall assault, resist, obstruct, or hinder, any officer in the execution of this act, or of any other act or law of the United States, herein mentioned, or of any of the powers or authorities vested in him by this act, or any other act or law, as aforesaid, all and every person and persons so offending, shall, for every such offence, for which no other penalty is particularly provided, forfeit five hundred dollars.

SEC. XXXII. If any licensed ship or vessel shall be transferred, in whole or in part, to any person who is not, at the time of such transfer, a citizen of, and resident within, the United States, or if any such ship or vessel shall be employed in any other trade than that for which she is licensed, or shall be found with a forged or altered license, or one granted for any other ship or vessel, every such ship or vessel, with her tackle, apparel, and furniture, and the cargo found on board her, shall be forfeited.

SEC. XXXIII. Provided, nevertheless, That in all cases where the whole, or any part, of the lading, or cargo, on board any ship or vessel, shall belong, bona fide, to any person or persons other than the master, owner, or mariners, of such ship or vessel, and upon which the duties shall have been previously paid or secured, according to law, shall be exempted from any forfeiture under this act, any thing therein contained to the contrary notwithstanding.

(ACT of February 18th, 1793.)

SEC. XXXIV. The fees and allowances, for the several duties and services to be performed in virtue of this act, shall be as follow; that is to say:

For admeasuring every ship or vessel, in order to the enrolment, or licensing and recording, the same, if of the burthen of five tons, and less than twenty tons, fifty cents; if of twenty tons, and not exceeding seventy tons, seventy-five cents; if above seventy tons, and not exceeding one hundred tons, one hundred cents; if above one hundred tons, one hundred and fifty cents: For every certificate of enrolment, fifty cents:

For every endorsement on a certificate of enrolment, twenty

cents:

For every license, and granting the same, including the bond, if not exceeding twenty tons, twenty-five cents; if above twenty, and not more than one hundred, tons, fifty cents; and if more than one hundred tons, one hundred cents:

For every endorsement on a license, twenty cents:

For certifying manifests, and granting a permit for a licensed vessel to proceed from district to district, twenty-five cents if less than fifty tons; and if above fifty tons, fifty cents:

For receiving a certified manifest, and granting a permit, on the arrival of such vessel, twenty-five cents if less than fifty tons; and if above fifty tons, fifty cents:

For certifying manifests, and granting a permit for a registered vessel to proceed from district to district, one hundred and fifty

cents:

For receiving a certified manifest, and granting a permit, on the arrival of such registered vessel, one hundred and fifty cents: For granting a permit for a vessel, not belonging to a citizen or citizens of the United States, to proceed from district to district, and receiving the manifest, two hundred cents:

For receiving a manifest, and granting a permit to unload, for such last mentioned vessel, on her arrival in one district, from another district, two hundred cents:

For granting a permit for a vessel carrying on the fishery, to trade at a foreign port, twenty-five cents: and for the report and entry of any foreign goods imported in such vessel, twenty-five

cents.

And where a surveyor shall certify a manifest, or grant a permit, or receive a certified manifest and grant a permit, the fees arising therefrom shall be received by him solely for his use. And all other fees arising by virtue of this act, shall be received, and accounted for, by the collector, or, at his option, by the naval officer, where there is one, and where there is a collector, naval officer, and surveyor, shall be equally divided, monthly, between the said officers; and where there is no naval officer, two thirds to the collector, and the other third to the surveyor; and where there is only a collector, he shall receive the whole amount thereof; and where there is more than one surveyor in any district, each of

« ПредишнаНапред »