USA > New York > New York City > Longworth's American almanac, New-York register and city directory, 1817 > Part 7
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So help us God.
Form of appraiser's oath and certificate, where goods are damaged.
We. A. B. and C. D. appointed by the collector of the district of and to ascertain and appraise
the damage sustained on merchandise imported by
in the whereof is master, from
do solemnly, sincerely and truly swear (or affirm) that we have care- fully examined the several packages hereafter enumerated and des. cribed, and find the several articles of merchandise as particularly de- failed, contained in the said packages, to have received damage, as we believe, during the voyage of importation, and that the allowan- ces by ns made for such damage, is to the best of our skill and judge- ¿nent just.
So help us God.
Sec. 56. Goods not landed in fifteen days to be sent to the public store, and all goods so deposited to be at the risk and charge of the importer ; and if not entered and the duties paid, or secured within nine months to be sold, (being first advertised for one month) the sur- plus money arising from such sale, after the duties and charges are paid, to be paid into the treasury of the United States, for the benefit of the owners, who upon due proof of the property, shall be entitled to the same. Perishable articles may be sold immediately.
Sec. 66. Goods entered under a fraudulent invoice to be forfeited, or where the collector shall suspect that such goods are not invoiced agreeable to the sum such goods are sold for at the place from wheree
53
NEW-YORK REGISTER.
they are imported, to be taken into his possession at the risk and ex- pence of the importer, until they are appraised, and in case of pro- secution for the forfeiture aforesaid, such appraisement shall not ex- clude other proof on trial, of the actual and real cost of the said goods at the place from whence imported.
Sec. 67. Packages may be opened in presence of two merchants, upon suspicion of fraud, and re-packed under the inspection of an offi- cer! and if found to differ from the entry, to be forfeited, unless made appear to the satisfaction of the principal officers of the customs, or a court on trial, that such difference proceed from accident or mistake, or without intention of fraud.
Returned cargo.
Sec. 47. When goods, &c. the growth or manufactures of the Uni- ted States shall be returned, not having been shipped for the benefit of drawback or bounty, no duty to be demanded.
Sec. 48. Report and entry of such goods &c. to be made, and- proof, by oath or affirmation of the facts thereof, in manner following : Entry of merchandise exported from the district of in the master, for on the day of
by
and returned in the New-York,
master, from
Marks."
Numbers.
Packages and contents.
District of Port of
I, do solemnly, sincerely and truly swear (or afirm) that the several articles of merchandise mentioned in the entry hereunto annexed, are to the best of my knowledge and belief truly and bona fide of the growth, product or manufacture of the United States, and that they were truly exported and imported as therein expressed, and that no drawback, bounty or allowance has been paid or admitted thereon, or any part thereof. So help me God.
N. B. When the goods so returned have been exported from any. other district than the one they may be imported in, bonds to be given by the importer, in addition to the above oath, in the sum of the du- ties that within six months, a certificate shall be produced from the collector of the customs for the district from whence they were ex- ported, that such goods were actually so exported : in default of which, the bond to be forfeited and the penalty paid.
Passengers.
Sec. 46. Entry to be made by passengers of all clothes, tools er implements of trade or professions, arriving in the United States to settle ; which articles are exempted from duty. the form of such entry and oath respecting the same, as follows :
Entry of baggage, wearing apparel, &c. imported by in the master, from
New-York,
54
LONGWORTH'S
[Here the particulars to be inserted.] District of port of
1, do solemnly, sincerely and truly swear (or affirm) that the entry subscribed by me and hereto annexed, contains, to the best of my knowledge and belief, a just and true account of the contents of the several mentioned in the said entry, imported in the from and they contain no goods, wares or merchandise whatever, other than the wearing apparel and other per- sonal-baggage (or if the case require) and the tools of the trade of
all which are the property of who has, or have arrived who is, or are shortly expected to arrive in the United States ; and are not directly or indirectly imported for any other person or per- sons or intended for sale.
- So help me God.
If the articles shall be entered by any other person than the owner, bond to be given in a sum equal to the amount of what the duties would be if imported subject to duty : that the owner shall within one year verify such entry or oath, or the collector may direct such bag- gage to be examined ; and if any article is contained therein, which ought to pay duty, entry must be made thereof; and if an entry is made as aforesaid, and upon examination thereof, any article is found therein subject to duty, (not having been expressed at the time of ma- king the entry) it is forfeited, and the person in whose baggage the same shall be found forfeits and shall pay treble the value thereof.
Mode of obtaining drawback on foreign merchandise.
Sec. 75.] Merchandise imported into the United States, (foreign caught fish, fish oil and playing cards excepted) if exported within one year from the paying or securing the duties thereon, from the ports of original importation, are entitled to a drawback of such du- ties, or may be transported coastways to certain distriets, and the Arawhack, if exported from theuce to a foreign port, excepting those immediately adjoining the United States,* by observing the follow- ing directions : provided, the duties paid or secured on such merchan- dise imported by one person or co-partnership, and entered at the same time, shall amount to fifty dollars, except distilled liquors, which inust be one hundred and fifty gallons, and exported in the original casks, cases, chests, boxes or other packages in which they were im- ported, except liquors in casks, coffee or cocoa in casks or other pack- ages, or unrefined sugar which may be filled up out of others of the same importation, or put up into new casks or packages correspond- ing therewith, which must be marked and numbered as the originals, but no change or filling up to take place unless the casks or other packages are unfit for exportation, and in no other case; the whole to be performed under the inspection of a proper officer appointed for that purpose.
* St. Augustine, Nova-Scotia, Hulifax, and the Canadus :
...... . ..
55
NEW-YORK REGISTER.
Wben articles are imported in bulk, the packages in which they are landed shall be deemed the packages of original importation, and must be exported in the same ; and all certificates for distilled spirits, wines or teas, must be given up, or no drawback to be allowed.
Sec. 76 ] Twenty-four hours notice to be given by lodging an en- try therefore before shipping the goods, except distilled spirits, which require but six hours ; and goods shipped without a proper permit, forfeit the drawback. The form of the entry as follows :
Entry of merchandise intended to be exported by on board the
whereof is master, for the benefit of dran-
back ; which were imported into the district of on the
by
in the master from
in
the
and brought into this district on the master from
---
Marks
Numbers
Packages and contents.
Net cost of ad valorem arti- cles, as having paid duties.
Weight or guage.
Tare & draft or allowance for leakage.
1
Previous to any permit being given, proof must be made by the importer, of the importation and the paying or securing the duties thereon, and every other person through whose hands such merchan- dise may have passed, of the identity thereof .- The form of the seve- raleaths as follows :
Oath to be taken on exportation, by the original importer.
I, do solemnly sincerely and truly swear (or affirm) that the articles specified in the above or annexed entry, were imported by (or consigned to) me, in the whereof was
master from that they were duty entered by me at the custom-house of this port, and the duties paid (or secured)-that they are the same in quantity, quality, package, (and value) as at the time of importation, necessary or unavoidable wastage or damage only ex- eepted, and are now actually laden on board the whereof
- is master ; and that they are truly intended to be ex- ported by me in the said vessel, to the port of and are not intended to be re-landed within the limits of the United States. So help me God.
Oath to be taken by the original importer, when goods have been sold.
I, do solemnly, sincerely and truly swear (or affirm) that the
* When merchandise is exported from the port of original impor- Ition, the following to be omitted in the above :
"and brought into this district on the from"
in the master
E 2
·
56
LONGWORTH'S
articles specified in the above or annexed entry, as imported by (er consigned to) ine, were truly imported by, or consigned to me, in the whereof is master, from that they were duly entered by me at the custom-house of this port, and the duties thereon paid, (or secured) that they were the same in quantity, quality, package, necessary or unavoidable wastage or da- mage only excepted (and value) at the time of sale or delivery to as at the time of importation, So help me God.
Oath to be taken by an intermediate person.
I, do solemnly, sincerely and truly swear (or afirm) that the articles of merchandise specified in this entry, were purchased by me from and were sold by me to and that they were not, to the best of my knowledge and belief, altered or in any respect changed in quantity, quality, value or package, necesary or unavoidable wastage or damage only excepted, while in my posses- sion, or from the time of said purchase until the time of said sale. So help me God.
Oath to be taken by an exporter other than the original importer.
I, do solemnly, sincerely and truly swear (or affirm) that the articles specified in the above annexed eutry, were purchased by inc of that they are not actually laden on board of the whereof is master, and were at the time of such land- ing, and are now the same in quantity, quality, package, necessary or unavoidable wastage or damage ouly excepted (and value) as at the time of purchase, thay they are truly intended to be exported by me in the said vessel to the port and are not intended to be re- landed within the limits of the United States So help me God,
The exporter to make oath respecting such examination, and to give bonds before clearance, or within ten days after, with security to the satisfaction of the collector, in a penalty double the amount of such drawback, to produce the proof required by law, in respect of their being landed without the limits of the United States ; within one year if to Europe or foreign dominions in America, or within two years ifto Asia őr Africa. The certificate proper to be produced to be of the following form :
1, of the of do hereby certify, that the goods or merchandise herein after described, have been landed in this between the and days of
from on board the of whereof
is at present master, viz,
A. B. no. 1. a ten hogsheads ¿ containing 14, 000 lbs. C. D. no. 3. 6. 9. 15. four tierces S weight of coffee. E. F. no. 14. 18. 22. { eight hogsheads, containing 10,000 lbs. 25. 27. 30. 33. 36. S weight of brown sugar.
NEW-YORE REGISTER.
G. H. no. 21. 4 00.
10 chests, containing 700 weight of hyson tea. L
I. K.no. 7. 16. 19.
¿ three bales containing, 150 pieces S of nankeen.
which, according to the bills of lading for the same, were shipped on board the at the port of in the United States of
America, on or about the
day of and consigned 10 by of
aforcsaid merchant A. A.
Given under band at the this
day
Oath or affirmation of the master or principal officers of the vessel confirming the above.
Port of-
mate of the We, master,
of lately arrived from the port of in the United States of America, do solemnly swear (or affirm) that the goods or merchandise enumerated and described in the preceding certificate, dated the day of and signed A. A. of
merchant, were actually delivered at the said port from
within the time specified in the said on board the said certificate.
Sworn (or affirmed) at before me, this
day of
Form of verification of the above by a consul or agent of the United States.
I, (consul or agent) of the United States of America at
the city of do declare, that the facts set forth in the pre- ceding certificate, subscribed by A. A. of the said merchant. and dated the day of are to (my knowledge just and true ; or are in my opinion just and true, and deserving fult faith and credit.)
lu testimony whereof. I have hereunto subscribed my name and affixed the seal of my office, at this day of
M. M. CONSUL.
If there is no consul or agent, the following in place thereof. We, residing in the of
do
declare, that the facts stated in the preceding certificate, signed by A. A. of the said merchant on the
day of are (to our knowledge just and true or are in our opinion just and true, and worthy of full faith and credit) We also declare that there is (no consul or other public agent for the Uni- ted States of America, or American merchants now residing at this place .-- dated at this
day oť R. S. T. L.
58
LONGWORTH
Scc. 82] If any goods, wares or merchandise, entered for exporta- tion with intent to drawback the duties, shall be landed within the li- mits of the United States, the same is subject to seizure and forfeiture, together with the ship or vessel : and the vessels or boats used in land- ing the same, and all persons concerned therein upon conviction, to suffer imprisonment not exceeding six months.
Sec. 77.] Merchandise may be transported coastways to such ports as vessels arriving from the Cape of Good Hope, or beyond the same, are admitted to enter at, by making the following entry, and obtain- ing a certificate from the port of original importation.
The form of the entry is as follows ,
Entry of merchandise intended to be shipped by
on board
the whereof
is master, far to
be exported from thence for the benefit of drawback; which were imported into this district on the by in the
master, from New- York
Cost of articles
Weight
Tare and draft.
Marks.
Numbers.
Packages and coutents.
paying duty
of
or allowance for
ad valorem.
guage.
leakage.
Such merchandise to be entered by the consignee, previous to the landing thereof, in manner following,
Entry of merchandise, transported castways. for [ A. B. or C. D. in the n hereof is master. from for
the purpose of being exported from the district of for
the benefit of drawback ; which were imported in the district of on the by
ine the. asaster from
Marks.
Numbers.
Packages,
Contents. .
Oath or affirmation to this entry.
do solemnly, sincerely and truly swear (or affirm) accor- ding to the best of my knowledge and belief that the entry by me subscribed is just and true that the merchandise therein mentioned bave been duly imported, and the duties thereupon paid, or secured to be paid according to law,
So help me God.
Sec. 78,]. The certificate accompanying such merchandise to be produced at the time of making entry, upon which a permit will be granted fer unlading ; and if intended to be exported to a foreign port,
NEW-YORK REGISTER.
.59
the same proceedings to be had as if such merchandise had been origi- nally imported into the district from whence they are to be exported.
Sec. 79.] Merchandise may be transported across the state of New- Jersey, by the following route to Philidelphia, and exported from thence to a foreien port and obtain drawback, viz, New-Brunswick, South-Amboy, and Lamberton, Bordentown, or Burlington, by ma- king an entry as if transported by water ; the said merchandise to be inspected and marked previous to the landing on board any packet with intention of transportation as aforesaid, and obtaining the certifi- cate as in other cases ; and if merchandise is transported by any other route than expressed in the passport accompanying the same, or if the marks, fastenings or seals that may placed thereon, by direc- tion of any officer of the customs, be broken or defaced, or unpacked, the merchandise in respect to which. such omission or wrong doing shall happen, or the value thereof, shall be forfeited.
In addition to the above mentioned entry, the following shall be made to obtain the passport for transportation, and which is to accom- pany such merchandise.
Entry of merchandise intended to be transported by
of the
city of merchant, across the state of New-Jersey, to Philadelphia.
To whom
Marks.
¡Numbers
Numbers and description of packages.
Contents.
By whom sent.
consigned.
" A. B of the city of -merchant, having taken the
prescribed by law hereby permitted to transport across the state of New-Jersey, to the city of Philidelphia, in the state of Pennsylvania, as expressed in the above entry .- Given under our hands and seals, at the custom house, this day of
Sec. 80.] If goods are exported from the district into which they were originally imported, the exporter shall receive from the collec- tor of such district, a debenture or debentures for the amount of such drawback, payable at the exact time or times on which the duties ou such goods shall become due. Provided, that if the duties on such merchandise shall have been paid prior to an entry for exportation, the debenture shall be made payable in fifteen days from the time of signing the bond ; and the debenture may be made payable to the original importer when the same shall be requested, in writing by the exporter and not otherwise.
If merchandise having been imported coastways, accompanied with a certificate, shall be exported to a foreign port, the exporter to re- ceive a certificate from the collector of the district from whence ex- ported; which is to be produced to the collector of the district of original importation ; and the drawback to be paid at such port, upon debenture or debentures being granted thereon, payable as aforesaid :
LONGWORTH Y
but in no case is the drawback to be paid until the duties are first re ceived.
INFORMATION GENERALLY.
Sec. 43.] The want of certificates of distilled spirits, wines, or tear. subjectauch articles to seizure and fifty dollars find if such certificates are not delivered to the purchaser; and if any cask, chest, vessel or case, containing such articles shall be found in the possession of any person, without being marked, and not being accompanied with a cer- tifcate, the same is liable to seizure.
Sec. 44.] On the scale of any cask, &c. which has been marked, the marks to be defaced in presence of some officer of inspection (. customs ; and the certificate of the same to be delivered ap, under the penalty of one hundred dollars and cost of su :.
Sec. 50.] Goods from foreign porte, not to be unladen but between sunrise and sunset, without special license, under a penalty of four hundred dollars on the master and every other person concerned, disability from holding any office under the government of the United States for seven years, and being advertised in the newspapers, with forfeiture of the goods ; and if above four hundred dollars, value of vessel and apparel.
Sec. 51.] Goods removed before guaged and weighed ; and if wines, spirits or teas, before being marked, without permission are forfeit- ed.
Sec. 98.] Persons giving or offering a bribe, forfeit from two hundred to two thousand dollars -- Inspectors and officers of revenue cutters may go on board, examine and search vessels, have free acces to the cabin, and seal packages ; and after sunset secure hatches, &c .- Per- - sons in charge of vessels, for breaking fastenings, but in presence of an officer, forfeit two hundred dollars.
Officers may seize within or without their districts-persons resist- ing or impending them, forfeit four hundred dollars.
The master or commander of any vessel, that shall obstruct or hin- der (or be the cause thereof ) any officer of the revenue, in going on board his ship or vessel, for the purpose of carrying into effect any of the revenue laws of the United States, forfeit from fifty to five bun- dred dollars.
REGISTER ACT .- Every owner of a vessel, residing within the lim- its of the United states, to swear to the register within ninety days after its being granted, or it becomes void, and the vessel and cargo pays foreign tonnage and duty.
Manifest for a coasting vessel, Manifest of the cargo on board the
master, burthen
tons, bound from for
Marke
No. of
& nos.
entries.
Packages and contents.
Shippers.
Resi-
dence.
Con-
signees.
Resi-
dence.
.61
EW-YORK REGISTER ..
Extract from the law relative to the transportation of slaves.
BY an act of congress to prohibit the slave trade, approved 2d March, 1807, (sec. 9) the following manifest in duplicates is to be ex- hibited, and sworn or affirmed to by the master, owner or owners, and shipper of such slave or slaves, as are taken on board for the purpose of being transported from one place to another in the United States, under the penalty of forfeiture of such ship or vessel, her tackle, ap- parel and furniture, and the captain, master or commander moreover forfeits for every slave so transported or taken on board contrary to the provisions of this act, the sum of one thousand dollars.
Manifest of slaves intended to be transported on board the
of whereof is master, of the burthen of
tons, and bound from the port of in the state of this
for the port of day of
Names.
Sex.
Age
ft. inch
naine.
Resi-
dence.
consignees name.
Resi-
dence.
Form of the oath required in the above case.
do solemnly swear, knowledge and belief, the above mention- ed slave not imported or brought into the United States from after the first day of January, one thousand eight hundred and eight, and that under the laws of the state held to service o; labor. So help God,
Sworn to this before me
day of
Port of
District of master of the said having sworn to the
above manifest, consisting of slave and delivered dupli- cate thereof according to law, permission is hereby granted to the said to proceed with the above described slave to the port of as her aforesaid port of destination.
Given under my hand at this day
of
Sec. 10. The above manifest to be delivered to the collector (if any) or to the surveyor where there is no collector, at the port of arrival, and sworn or affirmed to by the captain, master or commander of the vessel conveying such slave or slaves, and obtain a permit for landing before they are unladen or put on shore, under the penalty of ten thou- sand dollars. 2
CONSULS AND VICE CONSULS.
By an act of congress of the 28th of February, 1805, it is made the duty of every master of any vessel bound on a foreign voyage, before
Height
Shipper's
Owner or
Class.
62
LONGWORTH'S
any clearance is granted, to deliver to the collector of the custom", under oath or affirmation, a list containing the names, place of resi- dence and a description of the persons composing the ships com- pany, as far as he can ascertain them, and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to twenty-five cents ; and the said master is to enter into bond with security, in the sum of four hundred dollars, to exhibit the aforesaid certified copy of the list, to the first boarding officer, at the first port in the United States, at which he shall arrive on his return, and then and there produce the persons named therein. The bond not to be forfeited, on failure of the master to produce any person contained in the list, who may be discharged in a foreign country with the con- sent of the consul, vice consul commercial agent or vice commercial agent there residing, signed in writing, under his hand and official seal, nor on account of any such person dying or absconding, or being forcibly impressed into other service.
Sec. 2. Makes it the duty of every master or commander of any ship or vessel belonging to the United States, on his arrival at a for- eign port, to deposit his register, sea-letter and Mediterranean pass- port, with the consul, vice consul, commercial agent, (if any there be at such port) and in case of refusal he forfeits five hundred dollars : and when the said master produces a clearance from the proper officer of the port, it is the duty of the said consul, vice consul or commercial agent to return him all of his said papers.
Sec. 3. Whenever a ship or vessel of the United states shall be sold in a foreign country, and her company discharged, or when an Ameri- can seaman shall by his own consent be discharged in a foreign coun- try, it is the duty of the master or commander to produce to the con- sul, vice consul, or commercial agent, a certified list of the ships com- pany, and to pay to such consul, &c. for every seaman so discharged, three months pay over and above the wages then due to such seaman, two thirds thereof to be paid, by such consul, to each seaman so dis- charged, and the other'remaining third to be retained for the purpose ofcreating a fund for the maintainance of destitute American seaman in such foreign port.
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