18 Feb. 1793. fests. master shall be provided with a manifest, by him subscribed, of the lading, of what kind Vessels to be pro- soever, which was on board such ship or vessel at the time of his departure from the viled with mani- district from which she last sailed, and if the same or any part of such lading, consists of distilled spirits, or goods, wares or merchandise, of foreign growth or manufacture, with the marks and numbers of each cask, bag, box, chest or package, containing the same, with the name of the shipper and consignee of each; which manifest shall be by him exhibited for the inspection of any officer of the revenue, when, by such officer, thereunto required; and shall also inform such officer from whence such ship or vessel last sailed, and how long she has been in port, when by him so interrogated. And if Penalty for neg the master of such ship or vessel shall not be provided, on his arrival within any such district, with a manifest, and exhibit the same, as is herein required, if the lading of such ship or vessel consist wholly of goods, the produce or manufacture of the United States, (distilled spirits excepted), he shall forfeit twenty dollars, or if there be distilled spirits or goods, wares or merchandise of foreign growth or manufacture on board, excepting what may be sufficient for sea stores, he shall forfeit forty dollars; or if he shall refuse to answer the interrogatories truly, as is herein required, he shall forfeit the sum. of one hundred dollars. And if any of the goods laden on board such ship or vessel shall be of foreign growth or manufacture, or of spirits distilled within the United States, so much of the same as may be found on board such ship or vessel, and which shall not be included in the manifest exhibited by such master, shall be forfeited. lect. 18 Feb. 17933 19. 1 Stat. 313. may grant permits for transother states. Oath of owner. V. INLAND TRANSPORTATION. 33. It shall and may be lawful for the collector of the district of Pennsylvania to gran permits for the transportation of goods, wares or merchandise, of foreign growth or What collectors manufacture, across the state of New Jersey to the district of New York, or across the state of Delaware to any district in the state of Maryland or Virginia; and for the portation across collector of the district of New York to grant like permits for the transportation across the state of New Jersey, and for the collector of any district of Maryland or Virginia to grant like permits for the transportation across the state of Delaware to the district of Form of permit. Pennsylvania: Provided, That every such permit shall express the name of the owner or person sending such goods, and of the person or persons to whom such goods shall be consigned, with the marks, numbers and description of the packages, whether bale, box, chest or otherwise, and the kind of goods contained therein, and the date when granted; and the owner or person sending such goods shall swear or affirm that they were legally imported, and the duties thereupon paid or secured: And provided also, That the owner or consignee of all such goods, wares and merchandise shall, within twenty-four hours after the arrival thereof at the place to which they were permitted to be transported, report the same to the collector of the district 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 Penalty for neg- 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. Report and delivery of perinit on arrival. Forfeiture for neglect to make entry of such goods. lect to deliver up permit. Exception. 18 Feb. 1793 § 20. 1 Stat. 313. Registered vessels going from one district to another, to be liable to the same regulations as coasting vessels. Except from foreign ports. Ibid. 22. Tessels touching VI. COASTING TRADE BETWEEN DISTRICTS. 34. 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. 35. 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 at another port, she was bound, shall, within twenty-four hours of his arrival, if there be an officer than that of their 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 destination, to report. account of his lading; and if the master of such ship or vessel shall neglect or refuse to 18 Feb. 1793. do the same, he shall forfeit twenty dollars. Ibid. 23. 36. 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 on loss of certigrowth or manufacture, or distilled spirits, shall, on his arrival at the port to which he fed manifest, or permit. bond to was destined, have lost or mislaid the certified manifest of the same, or the permit which be given for pay was given therefor by the collector or surveyor of the district from whence he sailed, the ment of duties. 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:(a) Provided however, Such bond shall be cancelled if the said When to be 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. cancelled. Ibid. ? 24. from one district manifest, under other district. 37. 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 Masters of foreign her departure from such district, deliver to the collector of such district duplicate vessels bound manifests of the lading on board such ship or vessel, if there be any, or if there be none, to another, to dehe shall declare that such is the case; and to the truth of such manifests or declaration liver duplicate he shall swear or affirm, and also obtain a permit from the said collector authorizing him oath, and obtain permit. 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 Proceedings on on board such ship or vessel, deliver to the collector of the district where he may have arrival from an 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 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 Penalty for negany 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 ships or vessels are now subject to by the present existing laws of the United States.(b) VII. FEES. 3 lect. 38. The fees and allowances for the several duties and services to be performed in 18 Feb. 1793 2 34 virtue of this act, shall be as follows; that is to say: (c) 1 Stat, 316. For admeasuring every ship or vessel, in order to the enrolment or licensing and Fees of officers. 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 indorsement 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 indorsement 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: (a) By act 6 August 1846, 31, the duties on all imported goods ace to be paid in cash, unless warehoused. 9 Stat. 53. (b) The act 1 March 1817, supra, 4, makes it unlawful for a foreign vessel to proceed from one port of the United States to another, with a cargo taken in at the former to be discharged at the latter port; and, consequently, so much of this section as provides for the delivery of manifests at the inception and termination of such a voyage, is necessarily obsolete. But a foreign vessel may sail between such ports, either in ballast, or a complete cargo, part of which is taken in at one port and the residue at another, for the purpose of being exported from the United States. This would be a legitimate voyage, upon which this section would operate, and therefore it cannot be said to be repealed by the act of 1817. 2 Opin. 395. (c) See acts 2 March 1799 § 2, 1 Stat. 706; and 26 April 1816 21, 3 Stat. 306. 18 Feb. 1793. Distribution of feus. 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 them shall receive his proportionable part of such fees as shall arise in the port for which he is appointed: Provided always, That in all cases where the tonnage of any ship or vessel shall be ascertained by any person appointed for that purpose, such person shall be paid a reasonable compensation therefor, out of the fees Table of fees to aforesaid, before any distribution thereof, as aforesaid; and every collector and naval officer, and every surveyor, who shall reside at a port where there is no collector, shall cause to be affixed, and constantly kept in some conspicuous place of his office, a fair table of the rates of fees demandable by this act. be put up. 2 March 1831 21. 4 Stat. 487. Certain vessels not to pay custom house fees. 18 Feb. 1793 25. 1 Stat. 315. 39. No custom house fees shall be levied or collected on any raft, flat, boat or vessel, of the United States, entering otherwise than by sea, at any port of the United States, on the rivers and lakes on our northern, north-eastern, and north-western frontiers. VIII. GENERAL PROVISIONS. 40. 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 Naval officers to there be one) shall sign the same; and every surveyor who shall certify a manifest or eign enrolments, 'grant a permit, or who shall receive any certified manifest, or a permit, as is provided for &c. 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. Ibid. 27. may inspect, search and examine vessels. 41. It shall be lawful for any officer of the revenue to go on board of any ship or Revenue officers 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. 42. 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 ure, names, &c., 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. Ibid. 28. of owners or con- fees. Ibid. 29. 43. Every collector who shall knowingly make any record of enrolment or license of Penalty for offi- any ship or vessel, and every other officer or person appointed by, or under them, who cial misconduct. 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 any other or greater fees than are For taking illegal 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, authorized 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. Or neglect of duty Tbid. 30. 44. 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 per- 28 Feb. 1793. jury. And if any person or persons shall forge, counterfeit, erase, alter or falsify any False swearing to enrolment, license, certificate, permit or other document, mentioned or required in this be deemed peract, to be granted by any officer of the revenue, such person or persons so offending shall forfeit five hundred dollars. jury. structing the ex 45. If any person or persons shall assault, resist, obstruct or hinder any officer in the Ibid 31. execution of this act, or of any other act or law of the United States herein mentioned, or Penalty for ob of any of the powers or authorities vested in him by this act, or any other act or law as ecution of the aforesaid, all and every person and persons so offending shall, for every such offence, for law. which no other penalty is particularly provided, forfeit five hundred dollars. Ibid. ? 32. Transfer to non work a forfeiture. 46. 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, (a) or if any such ship or vessel shall be employed in any other trade(b) than that for resident, &c.. to which she is licensed, (c) 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, (d) shall be forfeited. Ibid. 253. Goods of third 47. In all cases where the whole or any part of the lading or cargo on board any ship or vessel, shall belong bonâ 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 parties exempted paid or secured according to law, (e) shall be exempted from any forfeiture under this act, anything therein contained to the contrary notwithstanding.(g) from forfeiture. Ibid. 35. coverable. 48. All penalties and forfeitures which shall be incurred by virtue and force of this act shall and may be sued for, prosecuted and recovered in like manner as penalties and How penalties forfeitures, incurred by virtue of the act, entitled "An act to regulate the collection of and forfeitures rethe duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels," (h) may be sued for, prosecuted and recovered, and shall be appropriated in like manner: Provided always, That if any officer, Officer to be a entitled to a part or share of any such penalty or forfeiture, shall be necessary as a witness on the trial for such penalty or forfeiture, such officer may be a witness upon the said trial; but, in such case, he shall not receive or be entitled to any part or share of the But his share to said penalty or forfeiture; and the part or share to which he would otherwise have been accrue to the entitled, shall accrue to the United States. witness. United States. 2 Stat. 413. veyed. 1. That the president of the United States shall be, and he is hereby authorized and 10 Feb. 1807 2 1. requested, to cause a survey to be taken of the coasts of the United States, in which shall be designated the islands and shoals, with the roads or places of anchorage, within Coast to be sur twenty leagues of any part of the shores of the United States; as also the respective courses and distances between the principal capes or head lands, together with such other matters as he may deem proper for completing an accurate chart of every part of the coasts within the extent aforesaid. (¿) (2) A licensed vessel, transferred in whole or in part to a foreigner, is forfeited under this section, notwithstanding that, upon such transfer, by 5, the license is no longer in force. The Schooner Two Friends, 1 Gall 118. The sale of a licensed vessel to a foreigner, however, is not void. Philips v. Ledley, 1 W. C. C. 226. Nor is her American character changed by such transfer. United States v. Schooner Hawke, Bee, 34. (b) The word "trade" is used as equivalent to occupation, employment or business, for gain or profit. The cod fishery is such trade; and so is the mackerel fishery; and therefore since the act 28 May 1528 (4 Stat. 312) the mackerel fishery cannot be lawfully carried on under a license for the cod fishery. The Nymph, 1 Sumn. 516; 8. c., Ware, 257. But see act 20 April 1836, tit. "Fisheries," 18. A single act of trading, not authorized by the license, subjects the vessel to forfeiture, The Best Swallow, Ware, 21. The Nymph, Ibid. 257. The sloop Active, 1 Paine, 247; s. c., 7 Cr. 100. But the taking of a few cattle, and carrying them from an island to the main land, in going out or retu..ing, not for hire, but as a neighborly or friendly act, is not engaging in a trade within the meaning of the act. The Boat Swall, Ware, 21. And see The Atlantic, Ibid. 121. The carrying of Gomestic goods, not liable to duty, from one port to another, is within the prohibition. The Sloop Active r. United States, 7 Cr. 100. (2) If a coasting vessel be engaged in an illegal traffic, it is a good cause of forfeiture. The Schooner Two Friends, 1 Gall. 118. The Sloop Julia, Ibid. 233. United States v. Schooner Mars, Hid. 237. The Boat Eliza, 2 Ibid. 4. The Resolution, Ibid. 47. The Atlantic, Ware, 124. (d) The cargo found on board at the time of seizure is forfeited, not merely that which was on board at the time of committing the offence. The Schooner Two Friends, 1 Gall. 118. (e) This exempts from forfeiture a cargo belonging to third parties, provided it was not liable to duties. Whether this con lition was produced by a previous payment, or by a perfect exelap tion from duties, is immaterial. The Sloop Active v. United States, 7 Cr. 107. (g) If the claimant does not show a good title to the property, it will not be restored to him, although not condemned as forfeited. The Boat Eliza, 2 Gall. 4. () There is no act whose title exactly corresponds with this reference. The act 4 August 1790 (1 Stat. 145) was probably in tended; but in consequence of this obscurity, the supreme court held, that forfeitures accruing under the act of 1793 should be governed by 9 of the judiciary act. Keene v. United States, 5 Cr. 304. But see 2 Opin. 392. (To include the coasts of Florida; act 10 July 1832 1, 4 Stat. 570-1. And by act 28 September 1850, a steamer to be mployed in the coast survey upon the Pacific coast. 9 Stat. 501. Gulf stream. 10 Feb. 1807 2. 2. It shall be lawful for the president of the United States to cause such examinations and observations to be made, with respect to St. George's Bank, and any other bank or shoal and the soundings and currents beyond the distance aforesaid to the Gulf Stream, as in his opinion may be especially subservient to the commercial interests of the United States. Ibid. 3. be employed. 3. That the president of the United States shall be, and he is hereby authorized and Public vessels to requested, for any of the purposes aforesaid, to cause proper and intelligent persons to he employed, (a) and also such of the public vessels in actual service, (b) as he may judge expedient; and to give such instructions for regulating their conduct as to him may appear proper, according to the tenor of this act. Instructions. 14 April 1818 3 Stat. 425. Ibid. 2. 1. 4. That so much of the third section of the act, passed the 10th day of February 1807, entitled "An act to provide for surveying the coasts of the United States," as authorizes the employment of other persons in the execution of said act, than the persons belonging to the army and navy, be, and the same is hereby, repealed. 5. That all instruments and property of the United States, and all surveys, drafts, notes, charts, maps and documents, in any wise belonging to the survey of the coasts, be depowhere deposited. sited in such place as the president of the United States shall direct. Surveys, &c., 10 July 1832 4 Stat. 571. 2. ing to the govern 6. That the president of the United States be, and he is hereby, authorized, in and about the execution of the said act, to use all maps, charts, books, instruments and Maps, &c., belong- apparatus, which now or hereafter may belong to the United States, and employ all ment to be used. persons in the land or naval service of the United States, and such astronomers and other persons as he shall deem proper:(c) Provided, That nothing in this act, or the act hereby revived, shall be construed to authorize the construction or maintenance of a permanent astronomical observatory. Who to be employed. 3 March 1843 1. 5 Stat. 640. Plan of survey to be reorganized by board of offi cers. 7. That this and all other appropriations hereafter to be made for this work, shall, until otherwise provided by law, be expended in accordance with a plan of reorganizing the mode of executing the survey, to be submitted to the president of the United States by a board of officers which shall be organized by him, to consist of the present superintendent, his two principal assistants, and the two naval officers now in charge of the hydrographical parties, and four from among the principal officers of the corps of topographical engineers; none of whom shall receive any additional compensation whatever for this service, and who shall sit as soon as organized. And the president of the United States shall adopt and carry into effect the plan of said board, as agreed upon by a majority of its members; and the plan of said board shall cause to be employed as many officers of the army and navy of the United States as will be compatible with the successful prosecution of the work; the officers of the navy to be employed on the hydrographical parts, No officers to re- and the officers of the army on the topographical parts of the work; and no officer of the army or navy shall hereafter receive any extra pay out of this, or any future appropriations for surveys. Who to be employed. ceive extra pay. 3 June 1844 1. 5 Stat. 660. 8. That the secretary of the treasury be, and he is hereby, authorized to dispose of the maps and charts of the survey of the coasts of the United States at such prices and under such regulations as may from time to time be fixed by the said secretary; and that a number of copies of each sheet, not to exceed three hundred, be presented to such foreign governments, and departments of our own government, and literary and scientific associations, as the secretary of the treasury may direct. 9. A sufficient number of the supernumerary second lieutenants, graduates of the military academy, for whom there is no command in the army, shall, upon the application of the superintendent of the coast survey, be detailed to take the places and do duty on the coast survey, instead of the civilians now employed in that service. 3 March 1853 2. 10. The salary of the superintendent of the coast survey shall be six thousand dollars per annum; and it shall be the duty of the secretary of the treasury annually to report Salary of super- to congress, during the first month of each regular session, the number and names of the persons employed during the last preceding fiscal year upon the coast survey and Annual report to business connected therewith; the amount of compensation of every kind respectively paid them, for what purpose, and the length of time employed; and further, to report a full statement of all other expenditures made under the direction of the superintendent of the coast survey. 11. The annual coast survey report shall be submitted to congress during the month of December in each year, and shall be accompanied by a general chart of the whole When report to coasts of the United States, on as large a scale as convenient and practicable, showing, as near as practicable, the configuration of the coasts, and showing, by lines, the probable limits of the Gulf Stream, and showing, by lines, the probable limit to which the soundings off the coast will extend, and showing, by the use of colors and explanations, the be made. What such report to set forth. (a) Restricted to officers of the army and navy, by act 14 April 1818; infra, 4. But see infra, 6-7, 9. (b) See 3 Opin. 479. (c) As many officers of the army and navy to be employed, as will be compatible with the successful prosecution of the work See infra, 7. |