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to lade or unlade at night after regular entry of vessels, and due report of other conveyances, may be granted, and a permit or permits may be issued for the immediate lading and unlading, by day and night, of vessels admitted to preliminary entry, or of other conveyances of which due report of arrival has been made: Provided, That the provisions of this Act shall extend and be applicable to any vessels or other conveyances bound to a port of entry in the United States to be unladen at a port of delivery or to be unladen at a place of discharge designated by the Secretary of the Treasury under the provisions of section twenty-seven hundred and seventy-six of the Revised Statutes as amended: Provided further, That when preliminary entry of a vessel shall be made by the master as herein provided he shall not be relieved from making due report and entry of his vessel at the customhouse in accordance with existing law, and any liability of the master or owner of any such vessel to the owner or consignee of any merchandise landed from her shall not be affected by the granting of such special license, but such liability shall continue until the merchandise is properly removed from the dock whereon the same may be landed. (36 Stat. 900.)

The use of the term “port of delivery" was discontinued, and all ports of delivery not made ports of entry were abolished, by section 2 of the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, ante, $ 5327.

R. S. § 2776, mentioned in this section, is set forth ante, & 5472. § 5563. (R. S. § 2872, as amended, Act June 26, 1884, c. 121, § 25.)

Time of delivery. Except as authorized by the preceding section, no merchandise brought in any vessel from any foreign port shall be unladen or delivered from such vessel within the United States but in open daythat is to say, between the rising and the setting of the sun-except by special license from the collector of the port, and naval officer of the same, where there is one, for that purpose, nor at any time without a permit from the collector, and naval officer, if any, for such unlading or delivery.

Act March 2, 1799, c. 22, § 50, 1 Stat. 665. Act June 26, 1884, c. 121, § 25, 23 Stat. 59.

The "preceding section,” R. S. § 2871, mentioned in this section, was repealed by section 6 of Act Feb. 13, 1911, c. 46, sections 1-4 of which are set forth ante, 88 5559-5562.

This section as enacted in the Revised Statutes, was amended by Act June 26, 1884, c. 121, $ 25, 23 Stat. 59, by adding at the end of the section the fol. lowing provision: "When the license to unlade between the setting and rising of the sun is granted to a sailing vessel under this section, a fixed, uniform, and reasonable compensation may be allowed to the inspector or inspectors for services between the setting and rising of the sun, under such regulations as the Secretary of the Treasury may prescribe to be received by the collector from the master, owner, or consignee of the vessel, and to be paid by him to the inspector or inspectors.” This provision was superseded by provisions of

the same nature made by Act Feb. 13, 1911, c. 46, § 5, post, § 5571. § 5564. (R. S. § 2873.) Penalty for unlawful delivery.

If any merchandise shall be unladen or delivered from any vessel, contrary to the preceding section, the master of such vessel, and every other person who shall knowingly be concerned, or aiding therein, or in removing, storing, or otherwise securing such merchandise, shall each be liable to a penalty of four hundred dollars for each offense, and shall be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years; and the collector of the district shall advertise the name of such person in a newspaper printed in the State in which he resides, within twenty days after each respective conviction.

Act March 2, 1799, c. 22, $ 50, 1 Stat. 665. § 5565. (R. S. § 2874.) Forfeiture for unlawful delivery.

All merchandise, so unladen or delivered contrary to the provisions of section twenty-eight hundred and seventy-two, shall become forfeited, and may be seized by any of the officers of the customs; and where the value thereof, according to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel, and furniture shall be subject to like forfeiture and seizure.

Act March 2, 1799, c. 22, § 50, 1 Stat. 665. § 5566. (R. S. 8 2875.) Inspectors.

The collector of any district at which any vessel arrives, immediately on her first coming within such district, or the surveyor of any port where such vessel is, may put and keep on board such vessel, while remaining within such district, or in going from one district to another, one or more inspectors to examine the cargo or contents of such vessel, and to superintend the delivery thereof, or of so much thereof as shall be delivered within the United States, and to perform such other duties, according to law, as they shall be directed by the collector, or surveyer, to perform for the better securing the collection of the duties. Only collectors shall have power, however, to put inspectors on board vessels, to go from one district to another.

Act March 2, 1799, c. 22, § 53, 1 Stat. 667.

Provisions fixing the compensation of keepers of life-saving and life-boat stations, conferring on said keepers the powers of inspectors of customs, requiring them to take charge of property saved from shipwrecks, and requiring them to reside at or near their respective stations, were made by Act June 18, 1878, c.

265, § 4, post, $ 8531. § 5567. (R. S. § 2876.) Duties of inspectors.

The inspector shall make known to the master of such vessel the duties he is to perform; and shall suffer no merchandise to be unladen, or otherwise removed from such vessel, without a permit in writing from the collector of the port, and naval officer thereof, if any. The inspector shall enter in a book, to be by him kept according to such a form as shall be prescribed or approved by the collector, the name of the person 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 book of all merchandise which, not having been entered within the time limited by this Title, or for some other cause, has been sent to the store or warehouse provided for the reception of such merchandise; such 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.

Act March 2, 1799, c. 22, § 53, 1 Stat. 667. § 5568. (R. S. § 2877.) Delivery of cargo.

The inspector shall attend to the delivery of the cargo under his care, at all times when the unlading or delivery of merchandise is lawful, particularly from the rising to the setting of the sun on each day, Sundays and the fourth day of July in each year excepted; for which purpose he shall constantly attend and remain on board the vessel, the deliveries from which he is to superintend, or at any other station where his inspection is necessary. The inspector shall not quit such station or place without the leave of the surveyor of the port first obtained, who shall appoint another inspector, if he deems it necessary, to supply the place of such inspector during his absence; and any inspector who shall neglect or in any manner act contrary to the duties hereby enjoined, shall for the first offense be liable to a penalty of the sum of fifty dollars, and for the second offense 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.

Act March 2, 1799, c. 22, $ 53, 1 Stat. 667. § 5569. (R. S. § 2878.) Compensation, etc., of inspectors.

No inspector shall (perform any other duties or service on board any vessel, the superintendence of which is committed to him, for any person whatever, other than what is required by this Title, under the penalty of being disabled from acting any longer as an inspector of the customs; the wages or compensation of such inspector as may proceed from one district to another, shall be defrayed by the master of the vessel committed to his care; every inspector or other officer of the revenue, while performing any duty on board any vessel, not in a port of the United States, discharging her cargo, shall be entitled to receive from the master of such vessel such provisions and accommodations as are usually supplied to passengers, or as the state and condition of such vessel will admit, on receiving therefor fifty cents a day; and any master of any vessel who shall refuse such provisions and reasonable accommodations shall be liable to a penalty of one hundred dollars.

Act March 2, 1799, c. 22, § 53, 1 Stat. 667.

Provisions requiring the inspector quitting the vessel at night to secure the hatches with locks, and prohibiting the opening of such locks until the following morning, in the presence of the said inspector, were made by R. S. $ 3070,

post, $ 5773. § 5570. (R. S. § 2879.) Compensation of inspectors in case of

delay. If, by reason of the delivery of the cargo in several districts, more than the term allowed by law shall in the whole be spent therein, the wages or compensation of the inspector who may be employed on board of any vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by the master or owner; and the inspector shall, previously to the clearance of the vessel, render an exact account to the collector of all such compensation as has been paid, or is due and payable by the master or owner.

Act March 2, 1799, c. 22, $ 56, 1 Stat. 670. § 5571. (Act Feb. 13, 1911, c. 46, § 5.) Compensation of inspec

tors, etc., for night service; boarding officers may administer

oaths. The Secretary of the Treasury shall fix a reasonable rate of extra compensation for night services of inspectors, storekeepers, weighers, and other customs officers and employees in connection with the lading or unlading of cargo at night, or the lading at night of cargo or merchandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation shall not exceed an amount equal to double the rate of compensation allowed to each such officer or employee for like services rendered by day, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessel or other conveyance, whenever such special license or permit for immediate lading or unlading or for lading or unlading at night or on Sundays or holidays shall be granted, to the collector of customs, who shall pay the same to the several customs officers and employees entitled thereto according to the rates fixed therefor by the Secretary of the Treasury. Customs officers acting as boarding officers, and any customs officer who may be designated for that purpose by the collector of customs, are hereby authorized to administer the oath or affirmation herein provided for, and such boarding officers shall be allowed extra compensation for services in boarding vessels at night or on Sundays or holidays—at the rate prescribed by the Secretary of the Treasury as herein provided, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessels. (36 Stat. 901.)

See notes to section 1 of this act, ante, $ 5559. This section superseded a provision of the same nature made by an amendment of R. S. § 2872, ante, $ 5563, by Act June 26, 1884, c. 121, § 25, 23

Stat. 59. § 5572. (R. S. § 2880, as amended, Act May 9, 1896, c. 164.) Time

for unloading. Whenever any merchandise shall be imported into any port of the United States from any foreign port, in any vessel, at the expiration of ten working days if the vessel is less than five hundred tons register, and within fifteen working days if it is of five hundred tons register and less than one thousand, and within twenty working days if it is of one thousand tons register and less than fifteen hundred, and within twenty-five working days if it is of fifteen hundred tons register and upward, not including legal holidays and days when the condition of the weather prevents the unlading of the vessel with safety to its cargo, after the time within which the report of the master of any vessel is required to be made to the collector of the district, if there is found any merchandise other than has been reported for some other district or some foreign port, the collector shall take possession thereof; but with the consent of the owner or consignee of any merchandise, or with the consent of the owner or master of the vessel in which the same may be imported, the merchandise may be taken possession of by the collector after one day's notice to the collector of the district. All merchandise so taken shall be delivered pursuant to the order of the collector of the district, for which a certificate or receipt shall be granted.

Act March 2, 1799, c. 22, $ 56, 1 Stat. 669. Act March 2, 1861, c. 81, 12 Stat. 209. Act May 9, 1896, c. 164, 29 Stat. 115. This section, as enacted in the Revised Statutes, was as follows:

"Whenever any merchandise shall be imported into any port of the United States from any foreign port, in any vessel, at the expiration of eight working days, if the vessel is less than three hundred tons burden, and within twelve working days, if it is of three hundred tons burden and less than eight hundred, and within fifteen days, if it is of eight hundred tons burden and upward, after the time within which the report of the master of any vessel is required to be made to the collector of the district, if there is found any merchandise other than has been reported for some other district, or foreign port, the collector shall take possession thereof; but with the consent of the owner or consignee of any merchandise, or with the consent of the owner or master of the vessel in which the same may be imported, the merchandise may be taken possession of by the collector after one day's notice to the collector of the district. All merchandise so taken shall be delivered pursuant to the order of the collector of the district, for which a certificate or receipt shall be granted."

It was amended to read as set forth here by Act May 9, 1896, c. 164, last cited above.

some

$ 5573. (R. S. § 2881, as amended, Act June 3, 1892, c. 86.) Salt

and coal and other articles. The limitation of time for unlading, prescribed by the preceding section, shall not extend to vessels laden exclusively with coal, salt, sugar, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders; but if the master of any such vessel requires a longer time to discharge her cargo, the wages or compensation of the inspector, for every day's attendance exceeding the number of days allowed by law, shall be paid by the master or owner; and thereupon the collector is hereby authorized and required to allow such longer time, not exceeding fifteen days.

Act March 2, 1799, c. 22, $ 56, 1 Stat. 669. Act June 3, 1892, c. 86, 27 Stat. 41.

This section, as enacted in the Revised Statutes, was as follows:

“The limitation of the time for unlading, prescribed by the preceding section, shall not extend to vessels laden with salt or coal; but if the master or owner of any vessel 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 number of days allowed by law, shall be paid by the 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."

It was amended to read as set forth here, by Act June 3, 1892, c. 86, last cited above.

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