3 March 1817. not less than five hundred dollars, nor exceeding two thousand dollars: Provided, That Not to extend to this act shall not extend to the vessels of foreign nations in whose ports American convessels of nations suls are not permitted to have the custody and possession of the register and other that do not reciprocate. Ibid. ? 2. returned until production of clearance. papers of vessels entering the ports of such nations, according to the provisions of the second section of the act supplementary to the act "concerning consuls and vice consuls, and for the further protection of American seamen," passed the twenty-eighth of February, one thousand eight hundred and three. 85. It shall not be lawful for any foreign consul to deliver to the master or commander Papers not to be of any foreign vessel the register and other papers deposited with him pursuant to the provisions of this act, until such master or commander shall produce to him a clearance in due form from the collector of the port where such vessel has been entered; and any Penalty for viola- consul offending against the provisions of this act shall, upon conviction thereof before the supreme court of the United States, be fined at the discretion of the court in a sum not less than five hundred dollars, nor exceeding five thousand dollars. tion. 2 March 17992 30. 1 Stat. 649. Reports to be made to collector. Within what time. To be on oath. Form of oath. 86. No officer or other person connected with the navy of the United States shall, under any pretence, import in any ship or vessel of the United States any goods, wares or merchandise, liable to the payment of any duty. III. REPORT OF VESSELS AFTER ARRIVAL. 87. Within twenty-four hours after the arrival (a) of any ship or vessel, from any foreign port or place, at any port of the United States established by law, at which an officer of the customs resides, or within any harbor, inlet or creek thereof, if the hours of business at the office of the chief officer of the customs at such port will permit, or as soon thereafter as the said hours will permit, the master or other person having the charge or command of such ship or vessel shall repair to the said office, (b) and shall make report to the said chief officer, of the arrival of the said ship or vessel; and within forty-eight hours after such arrival, shall make a further report in writing, to the collector of the district, which report shall be in the form, and shall contain all the particulars required to be inserted in a manifest, as the case may be; and the said master, or person having the charge or command of any such ship or vessel, shall declare to the truth of such report or manifest, as the same ought to be in conformity to this act; which declaration shall be on oath or solemn affirmation, before the said collector of the district, in the manner and form following, to wit: 88. I (A. B.) do solemnly, sincerely and truly swear (or affirm) that the report and manifest subscribed with my name, and now delivered by me to the collector of the district of (insert the name of the district) contains, to the best of my knowledge and belief, a just and true account of all the goods, wares and merchandise, including packages of every kind and nature whatsoever, which were on board the (insert the denomination and name of the vessel) at the time of her sailing from the port of (here insert the name of the port or place the vessel last sailed from), or which have been laden or taken on board at any time since; and that the packages of the said goods are as particularly described as in the bills of lading, signed for the same by me, or with my knowledge; that I am at present, and have been during the voyage, master of the said vessel (or insert, if otherwise, specifying how long he has been master); that no package whatsoever or any goods, wares or merchandise have been unladen, landed, taken out, or in any manner whatever removed from on board the said (insert denomination and name of the vessel) since her departure from the said port of (insert the name of the last port she sailed from), except such as are now particularly specified and declared in the abstract or account herewith; and that the clearance and other papers, now delivered by me to the collector, are all that I now have, or have had, that any way relate to the cargo of the said vessel. And I do further swear (or affirm) that the several articles specified in the said manifest as the sea stores for the cabin and vessel, are truly such, and were bonâ fide put on board the said (insert the denomination and name of the vessel), for the use of the officers, crew and passengers thereof, and have none of them been brought, and are not intended, by way of merchandise, or for sale, or for any other purpose, than above mentioned, and are intended to remain on board for the consump‐ tion of the said officers and crew; I further swear (or affirm) that if I shall hereafter discover, or know of any other or greater quantity of goods, wares and merchandise of any nature or kind whatsoever, than are contained in the report and manifest, subscribed and now delivered by me, I will immediately and without delay, make due report thereof to the collector of the port or district of (here insert the port or district entering at); and I do likewise swear (or affirm) that all matters whatsoever in the said report and manifest expressed, are to the best of my knowledge and belief just and true. (The following addition to the oath or affirmation is to be inserted in cases where the manifests shall (a) The provisions of this section apply to all vessels arriving at a port, whether such arrival be voluntary or by stress of weather, or the port be the intended port of discharge or not. United States v. Webber, 1 Gall. 392. (b) If the master make report of arrival, he is not liable to the penalty, though he do not repair to the office of the principal officer of customs for that purpose. United States v. Rendell, i Curt. C. C. 309. sion to report. 91. And if the said master, or other person having the charge or command of any such Penalty for omis ship or vessel, shall neglect or omit to make the said reports, or either of them, (other than that required to be made to the surveyor, inspector of the revenue as aforesaid), and the declaration or declarations, or to take the said oath as required, or shall not fully (a) The act does not forfeit the cargo for the omission of any specific article, constituting a part of the cargo, but only the article omitted. The Thomas and Henry, 1 Brock. 368. not have been certified by some officer of the customs in manner provided). Ifurther 2 March 1799. swear (or affirm) that no officer of the customs has applied for an inspection of the manifest of the cargo on board the said vessel, and that no certificate or endorsement has been delivered to me on any manifest of such cargo. So help me God. 89. And the master, or other persons having the charge or command of any ship or Further report of wines, spirits vessel, having on board distilled spirits, wines or teas, shall within forty-eight hours after and teas. his arrival as aforesaid, whether the same be at the first port of arrival of such ship or vessel, or not, shall, in addition to the requirements before mentioned, report in writing to the surveyor or officer acting as inspector of the revenue of the port, at which he shall so arrive, the foreign port or place from which he last sailed, the name of his vessel, his own name, the burthen and denomination of such ship or vessel, and whether a ship or vessel of the United States, or to what other nation belonging; together with the quantity and kinds of spirits, wines and teas on board of the said ship or vessel, particularizing the number of casks, vessels, cases or other packages containing the same, with their marks and numbers, as also the quantity and kinds of spirits, wines and teas on board such ship or vessel, as sea stores; on pain of forfeiting and paying the sum of five hun- Penalty for negdred dollars, and of the loss of the spirits so omitted.(a) 90. And the form of said report shall be as follows, to wit: lect. Report of distilled spirits, wines and teas, imported in the (here insert the name and Form of report. denomination of the vessel), built in (here insert where built in the United States, or to what foreign nation belonging), burthen (here insert the tonnage of the vessel), whereof (here insert the name of the master), from (here insert the foreign port, from which the vessel last sailed), bound to (here insert the port or ports to which destined in the United States). Estimated gallons of spirits of each kind. Estimated gallons of wines of each Estimated pounds of teas of each To whom consigned. Where consigned. 2 March 1799. comply with the true intent and meaning of this section, as the case may be, he shall, for each and every offence, forfeit and pay the sum of one thousand dollars. Ibid. 31. 92. It shall not be necessary for the master, or person having the charge or command Ships of war and of any ship or vessel of war, (a) or of any ship or vessel employed by any prince or state, public packets need not report. as a public packet for the conveyance of letters and despatches, and not permitted by the laws of such prince or state to be employed in the transportation of goods, wares or merchandise, in the way of trade, to make such report and entry as aforesaid. 8 March 1825 17. 4 Stat. 106. No vessel arriving at a port where there is a post office, to be admitted to entry, until de livery of letters. 93. No ship or vessel, arriving at any port within the United States where a post office is established, shall be permitted to report, make entry, or break bulk, until the master or commander shall have delivered to the postmaster all letters directed to any person or persons within the United States, or the territories thereof, which, under his care, or within his power, shall be brought in such ship or vessel, except such as are directed to the owner or consignee of the ship or vessel. And it shall be the duty of the collector or other officer of the port empowered to receive entries of ships or vessels, to require from every master or commander of such ship or vessel, an oath or affirmation, purportPenalty for viola- ing that he has delivered all such letters, except as aforesaid; aud if any commander or master of any such ship or vessel shall break bulk before he shall have complied with the requirements of this act, every such offender shall, on conviction thereof, forfeit, for every such offence, a sum not exceeding one hundred dollars. tion. Ibid. 18. Postmaster to pay masters of vessels for car 94. The postmaster to whom such letters may be delivered, shall pay the master or commander, or other person delivering the same, except the commanders of foreign packets, two cents for each letter or packet; and shall obtain from the person delivering riage of letters, the same, a certificate, specifying the number of letters and packets, with the name of &c. 2 March 1799 2 32. 1 Stat. 651. Goods intended for foreign ports may be re-exported without payment of duties. Master to give bond. Form of bond. the ship or vessel, and the place from whence she last sailed; which certificate, together with a receipt for the money, shall be, with his quarterly accounts, transmitted to the postmaster-general, who shall credit him with the amount. IV. VESSELS ARRIVING WITH GOODS DESTINED FOR A FOREIGN Port. 95. It shall be lawful for any ship or vessel to proceed with any goods, wares or merchandise, brought in her, and which shall, in the manifest first delivered to any officer receiving the same, be reported as destined or intended for any foreign port or place, from the district within which such ship or vessel shall first arrive, to such foreign port or place, without paying or securing the payment of any duties upon such of the said goods, wares or merchandise as shall be actually re-exported in the said ship or vessel accordingly, anything herein contained to the contrary notwithstanding: Provided always, That the said master, or person having the charge or command of the said ship or vessel, shall first give bond, with one or more sureties, in a sum equal to the amount of the duties upon the said goods, wares or merchandise, as the same shall be estimated by the collector and naval officer of the port, where the said report shall be made, to the satisfaction of the said collector, with condition that the said goods, wares or merchandise, or any part thereof, shall not be landed within the United States, unless due entry there of shall have been first made, and the duties thereupon paid, or secured to be paid, according to law; which bonds shall be taken for the same periods, and cancelled in like manner, as bonds hereinafter directed to be given for obtaining drawbacks of duties. 96. And the form of the said bonds shall be as follows, to wit:Know all men by these presents, that we (here insert the name of the master of the vessel, and the name or names of the sureties), are held and firmly bound unto the United States of America, in the sum of· to be paid to the said United States: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated this day of in the year of the independence of the United States, and in the year of our Lord one thousand : Whereas, the following described packages of goods, wares and merchandise (here insert the marks, numbers, denomination and number of packages and contents, as far as may be, and if articles in bulk, the quantity and quality), imported into the district of in the (insert the denomination and name of vessel), whereof (insert name) is master, from (insert port or place where from), on the (insert date of vessel's entry), as per report and manifest then delivered by the said master, are now about to be exported and conveyed in the said (insert denomination and name of vessel), to the port of (insert name of the port intended for); and whereas the duties that would have become due on the said goods, wares and merchandise, had the same been unladen here and not so exported, would have amounted to the aforesaid sum of · Now, therefore, the condition of this obligation is such, that if the above bounden shall and do, within months from the date hereof, produce to the collector of this dis trict, the certificates required by law, that the said enumerated (packages of merchandise (a) This extends as well to privateers as to national ships. The Brig Wilson, 1 Brock. 423. or articles in bulk, as the case may be), have been exported to and landed at the aforesaid 2 March 1799. port of —, or at any other port or place without the limits of the United States, or if neither the whole nor any part of the said goods, wares and merchandise shall be landed within the limits of the said United States, until due entry thereof shall have been first made, and the duties thereon paid or secured to be paid according to law, then the above obligation to be void; otherwise to be and remain in full force and virtue. in distress need 97. Provided nevertheless, That such bond shall not be required in respect to the goods Vessels arriving on board of any ship or vessel which shall have put into the United States from neces- not give bond. sity, (a) to be made to appear in manner hereinafter, prescribed ; (b) and the collector receiving such bonds, or any other bonds taken upon the exportation of merchandise entitled to drawback, is hereby required and enjoined, immediately after the time when When bonds to by the conditions of the same they ought to be cancelled, to put the same in suit; Pro- be sued. vided, The necessary proof shall not have been produced, or further time granted therefor by the comptroller of the treasury. 2 Stat. 316. livered within after arrival. 98. It shall be lawful for any ship or vessel to proceed with any goods, wares or mer- 22 Feb. 1805 2 2. ? chandise, brought in her, and which shall, in the manifest delivered to the collector of the customs, be reported as destined or intended for any foreign port or place, from the Manifest to be de district within which such ship or vessel shall first arrive, to such foreign port or place, forty-eight hours without paying or securing the payment of any duties upon such goods, wares or merchandise, as shall be actually re-exported in the said ship or vessel: Provided, That such manifest so declaring to re-export such goods, wares or merchandise, shall be delivered to such collector, within forty-eight hours after the arrival of such ship or vessel: And provided also, That the master or commander of such ship or vessel shall give bond as required by the 32d section of the act, entitled "An act to regulate the collection of duties on imports and tonnage." V. VESSELS HAVING GOODS DESTINED FOR SEVERAL DISTRICTS. 1 Stat. 652. ceed from dis 99. It shall be lawful for any ship or vessel in which any goods, wares or merchandise 2 March 1799 8 33. shall be brought into the United States, from any foreign port or place, and which shall be specified in the manifest, verified on oath or affirmation, before the collector of the Vessels may pro port in which such ship or vessel shall first arrive, to be destined for other districts, to trict to district. proceed with the same from district to district within the United States, in order to the Duties to be paid landing or delivery thereof; and the duties on such of the said goods only as shall be at place of delivery. landed in any district, shall be paid or secured to be paid within such district. (c) trict, after 48 100. Before any ship or vessel shall depart from the district in which she shall first Ibid. 234. arrive for another district (providing such departure be not within forty-eight hours No vessel to sail after her arrival within such district) with goods, wares or merchandise, brought in such for another disship or vessel from a foreign port or place, the duties whereof shall not have been paid hours, without copy of manifest or secured, the master or person having the charge or command of such ship or vessel, and certificate. shall obtain from the collector of the district from which she shall be about to depart (who is hereby required to grant the same) a copy of the report and manifest made by such master, or other person having the charge or command of such ship or vessel, certified by the said collector; to which copy shall be annexed a certificate of the quantity and particulars of the goods which shall appear to him to have been landed within his district, or of the quantity and particulars of the goods which remain on board and upon which the duties are to be paid, or secured to be paid, in some other district. 101. The form of which certificate shall be as follows: District of Port of These are to certify, that the within is a true copy of the report and manifest of the cargo of the (insert the denomination and name of the vessel), whereof (insert the name) is master, from (insert the port where from), entered at this port, the (insert the day and month of entry), as exhibited on (oath or affirmation) by the said master: That no part of the said cargo, as expressed in such manifest, hath been unladen or landed at this port (or as the case may require): That there hath been unladen and landed at this port, and the duties paid or secured to be paid on the following articles: (or) That all the said cargo as expressed in the said manifest hath been duly entered and landed in this district according to law, except the following articles (here enumerate the marks, numbers, packages and contents, or if articles in bulk, the quantities, whether landed or remaining on board, as the case may require): and that bond hath here been entered as the law directs for the delivery (a) To constitute an importation of a cargo into the United States, there must be a voluntary arrival within some port with intent to unlade the cargo. An involuntary arrival, by stress of weather, does not constitute an importation. The Mary, 1 Gall. 206. The Boston, Ibid. 239, 245. United States v. Arnold, Ibid. 853. Arnold v. United States, 9 Cr. 204. The importation of Form of certifi ate. merchandise into the United States implies bringing the goods (e) See fit. "Fisheries." 14-16, as to the discharge of vessels, loaded with salt for the fisheries, in the district of Edenton 2 March 1799 of the (insert the whole or remaining part, as the case may require) of the said cargo at the (insert the port and district of destination). Witness our hands and seals this day of A. B., Collector. C. D., N. Officer. Certificate to be produced, and 102. And within twenty-four hours after the arrival of such ship or vessel within any other district, the said master or person having charge or command of such ship or made on arrival. vessel, shall make a report or entry, to or with the collector of such other district, pro report or entry ducing and showing the said certified copy of his said first report, together with a certificate from each collector of any other district, within which any of the goods, wares or merchandise, brought in such ship or vessel, shall have been before landed; of the quantity and particulars of such goods, wares or merchandise, as shall have been so landed in each district respectively; except in the state of Georgia, where such report shall be Bond to be given made within forty-eight hours: Provided always, That the master or person having the before sailing for charge or command of the said ship or vessel, shall first give bond, with one or more Another district. sureties, to the satisfaction of the collector of the district within which the said ship or vessel shall first arrive, in a sum equal to the amount of the duties on the residue of the said goods, according to such estimate as the said collector shall form thereof; with condition, that the said residue of such goods shall be duly entered and delivered in such other district or districts of the United States, for which the same shall have been reported to be destined. Form of bond. Such bond to be six months, on production of collector's certificate. 103. And the form of the said bond shall be as follows: Know all men by these presents, that we (here insert the name of the master of the vessel, and the name or names of the sureties), are held and firmly bound unto the United States of America, in the sum of — to be paid to the said United States; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents; sealed with our seals; dated this in the day of ·year of the independence of the said United States, and in the year of our Lord one thousand Whereas the following goods, wares and merchandise (here insert the marks, number, denomination and number of packages and contents, as far as may be, or if articles in bulk, the quantity and quality), imported into the district of in the (insert the denomination and name of vessel), whereof (insert name) is master, from (insert name of port, &c.), on the (insert date of vessel's entry), as per report and manifest then delivered by the said master; are now intended to be exported and conveyed in the said (insert the denomination and name of the vessel), to the district of (insert district or districts where intended to be sent); and whereas, the duties that would have become due on the said goods, wares and merchandise, had the same been unladen, would have amounted to the aforesaid sum of Now, therefore, the condition of this obligation is such, that if the above bounden shall and do, within six months from the date hereof, produce to the collector of this district the certificates required by law, that the said enumerated (packages of merchandise, or articles in bulk, as the case may be) have been duly entered and delivered at the aforesaid district of or any other port or district of the United States; then the above obligation to be void, otherwise to be and remain in full force and virtue. 104. And the said bond shall be cancelled or discharged within six calendar months cancelled, within from the date thereof, by the production of a certificate or certificates from the collector or collectors of the district or districts for which the said goods shall have been reported, testifying the due entry and delivery of the said goods, in such district or districts; or upon due proof to the satisfaction of the collector by whom the said bond shall have been taken, and to the naval officer of such port (if any) that such entry and delivery were prevented by some unavoidable accident or casualty; and that if the whole, or any part of the said goods, shall not have been lost, that the same have been duly entered and delivered within the United States. Form of certifi 105. And the form of the certificate aforesaid shall be as follows: These are to certify, that there have been unladen and landed at this port, from on board the (insert the denomination and name of the vessel), whereof (insert the name) is master, from (insert district and port where from), the following packages of merchandise (here detail the several packages with their respective denominations, their marks and numbers, and if any articles in bulk, the quantities delivered); for which the duties have been (paid |