USA > New York > New York City > Longworth's American almanack, New-York register, and city directory: for the year of American independence., 1801 > Part 4
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So help me God.
When the above entry is made by any agent, factor, or other perfon, other than the bona fide owner or confignee of fuch merchandize, fuch perfon to give bond in the fum of 1000 dollars, over and above what the duties may amount to, with condition, that the bona fide owner or confignee of fuch merchandize, fhall, on or before the firft period of pay- ment of fuch duty becomes due, deliver to faid collector, a full and cor- rect account of faid merchandize, in manner and form aforefaid, verifi- ed by a like oath or affirmation, before any judge of the U. States, or the judge of any court of record of a flate, or before a collector of the cut- toms-and in cafe the duties are paid at the time of entry, a like bond to be given, that fuch an account fhall be delivered within ninety days from fach entry.
When the particulars of fuch merchandize are not known, an entry thereof to be made according to circumflances, declaring, on oath or at- firmation, all the particulars the party knows or believes concerning the fame, to be fubfcribed by the party, -and where an imperfect entry is made, either for want of invoices, bills of lading, &c. the collector to take fuch merchandize into his cuftody, until the quantity, quality or value, can be afcertained.
Sect. 37. Every importer or confignee of diftilled fpirits, wines or teas, to make a feparate entry of the fame, fpecifying the name of the veffel and mafter, and place from whence-the quantity and quality, and a particular detail of the chefts, cafks or veffels, containing the fame;
37
NEW-YORK REGISTER.
with the marks and numbers, which entry, after being certified by the collector, to be produced to the furveyor or officer acting as infpector of the revenue for the port, -and all permits granted by the collector for the above articles, fhall, prior to the landing ot the fame, be produced to the furveyor or officer acting as infpector for the port, for indorfe- ment. Any of the above articles landed, contrary to the above direc- tion, are fubject to forfeiture, and 500 dollars penalty on the mafter or perfon having charge of the veffel.
Sect. 52. Goods without invoice, or fpecification of particulars, to be ftored by the collector, until appra fed or invoices arrive, at the op- tion of the importe"
Appraifers to afcertain and certify at what rate, or per centage, fuch goods are damaged, but no allowance for damage, unlefs fuch appraife- ment is lodged in the suftom houfe within ten days after the landing thereof, accompanied with a certificate of the wardens of the port.
Form of Appraisers Oath and Certificate where goods are without Invoice.
We A. B. and C. D. appointed by the Collector of
and to afcertain the contents, and appraife the value of the merchandize contained in the feveral packages defcribed in the within or annexed entry or account, do folemnly, fincerely and truly Iwear Cor affirm ) that the feveral articles detailed in the annexed appraifement, fubfcribed with our names, contains a full and true account of all the merchandize whatfcever contained in the feveral packages mentioned in fuch entry or account, and that the feveral prices by us affixed to each article, are, to the belt of our fkill and judgment, the true and actual value or coft thereof at the place of exportation.
So help us God.
Form of Appraisers Oath and Certificate where goods are damaged.
We A. B. and C. D. appointed by the Collector of the diftrict of and to afcertain and appraife the damage fuftained
on merchandize imported by
in the whereof is maf- ter, from do folemnly, Sincerely, and truly fwear, (or affirm ) that we have carefully examined the feveral packages hereafter enumer- ated and defcribed, and find the feveral articles of merchandize as particu- larly detailed, contained in the faid packages, to have received damage, as we believe, during the voyage of importation, and that the allow- ance by us made for fuch damage, is, to the beft of our fkill and judg- ment, juft. So help us God.
Sect. 56. Goods not entered in fifteen days, to be fent to the public flore, falt and coal excepted, which may remain longer, the owner or mafter paying infpectors-and all goods fo depofited to be at the rifk and charge of the importer-and if not entered and the duties paid, or fe- cured, within nine months, to be fold, ( being firft advertifed for
38
LONGWORTH'S
one month ), the furplus money arifing from fuch fale, after the duties and charges are paid, to be paid into the treafury of the United States, for the benefit of the owners, who, upon due proof of the property, fhall be entitled to the fame. Perifhable articles may be fold immedi- ately.
Sect. 66. Goods entered under a fraudulent invoice to be forfeited, or where the collector fhall fufpeet that fuch goods are not invoiced a- greeably to the fum fuch goods are fold for at the place from whence they are imported, to be taken into his poflefsion at the rifk and expenfe of the importer, until they are appraited-and in cate of profecution for the forfeiture aforefaid, fuch appraifement fhall not exclude other proof on trial, of the actual and real coft of the faid goods, at the place from whence imported.
Sect. 67. Packages may be opened in the prefence of two merchants, upon fufpicion of fraud, and repacked under the infpection of an officer -and if found to differ from the entry, to be forfeited, unlefs made ap- pear to the fatisfaction of the principal officers of the cuftoms, or a court, on trial, that fuch difference proceeded from accident or miftake, with- out intention of fraud.
Returned Gargo.
Sect. 47. When goods, &c. the growth or manufacture of the Uni- ted States, fhall be returned, not having been fhipped for the benefit of drawback or bounty, no duty to be demanded.
Sect. 48. Report and entry of fuch gouds, &c. to be made, and proof by oath or affirmation of the facts thereof, in manner following :
Entry of merchandize exported from the diftrict of mafter for
on the day of
in the by
and returned in the
mafter, from
New- York
Marks.
Numbers.
Packages and Contents.
Diftrict cf f. port of
I, do folemnly, fincerely, and truly fwear, or affirm, that the feveral articles of merchandize mentioned in the entry hereto annexed, are, to the beft of my knowledge and belief, truly and bond fide of the growth, product, or manufacture of the United States, and that they were truly exported and imported as therein expreffed-and that no drawback, bounty, or allowance has been paid or admitted there- on, or any part thereof.
So help me God.
N. B. When the goods fo returned have been exported from any o- ther diftrict than the one they may be imported in, bonds to be given by
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NEW-YORK REGISTER.
the importer, in addition to the above oath, in the fum of the duties, that, within fix months, a certificate fhall be produced from the Collector of the cuftoms for the diftriet from whence they were exported, that fuch goods were actually fo exported-in default of which, the bond to be forfeited and the penalty paid.
Pafengers.
Sect. 46. Entry to be made by paffengers of all clothes, books, houf- hold furniture, tools or implements of trade, or professions, arriving in the U. States to fettle-which articles are exempted from duty. The form of fuch entry and oath refpecting the fame, as follows :
Entry of wearing apparel, &c. imported by in the mafter, from New-York
Here the particulars to be inferted.
Diftrict of If. Port of
I, do folemnly, fincerely, and truly fwear, or affirm, that the entry fubfcribed by me, and hereto annexed, contains, to the beft of my knowledge and belief, a juft and true account of the contents of the feveral mentioned in the faid entry, imported in the
from and that they contain no goodls, wares or merchandize whatever, other than the wearing apparel and other perfonal baggage, or if the cafe require, and the tools of the trade of all
of which are the property of who has or have arrived, who is or are fhortly expected to arrive in the United States-and are not di- rectly or indirectly imported forany other perfon or perfons, or intend- ed for fale.
So help me God.
It the articles fhould be entered by any other perfon than the owner, bond to be given in a fum equal to the amount of what the duties would be if imported fubject to duty-that the owner fhall, within one year, verify fuch entry on oath, or the collector may direct fuch baggage to be examined-and if any article is contained therein, which ought to pay duty, entry muft be made therefor-and if an entry is made as aforefaid, and upon examination thereof, any article is found therein fubject to duty, not having been exprefed at the time of making the entry, it is forfeited, and the perfon in whofe baggage the fame fhall be found, forfeits, and thall pay treble the value thereof.
DRAWBACKS.
Mode of obtaining Drawback on foreign Merchandize.
Sect. 75. Merchandize imported into the United States, loaf fugar, fish, Snuff and manufactured tobacco excepted, if exported within one year from the paying or fecuring the duties thereon, from the ports of original importation, are entitled to a drawback of fuch duties, or
40
LONGWORTH'S
may be tranfported coaftways to certain diftricts, and obtain the draw. back, if exported from thence to a foreign port, by obferving the fol- lowing directions-Provided, The duties paid or fecured on fuch mer- chandize fhall amount to fifty dollars, and are exported in the ori- ginal caiks, cafes, chefts, boxes, or other packages in which they were imported, except liquors in cafks, coffee or coroa, in cafks or other packages, or unrefined fugar, which may be filled up out of others of the fame importation, or put into new cafks or packages correfponding therewith, which muft be marked and numbered as the originals, but no change or filling up to take place unlefs the cafks or other packages are unfit for exportation, and in no other cafe ; the whole to be performed under the infpection of a proper officer appointed for that purpofe.
When articles are imported in bulk, the packages in which they are landed fhall be deemed the packages of original importation, and muft be exported in the fame-and all certificates for diffilled fpirits, wines or tens, muft be given up, or no drawback to be allowed-
Sect. 76. Twenty-four hours notice to be given, by lodging an entry therefor before fhipping the goods, except diftilled fpirits, which require but fix hours : and goods fhipped without a proper permit, forfeit the drawback. The form of the entry as follows-
Entry of merchandize intended to be exported by
on board of the whereof is mafter for for the benefit of drawback, which were imported into the diftrict of on the by in the from
and brought into this diftrict on the in the from
Num- Marks. | bers.
Pack- ages and Con- tents.
Nett coft of ad va- lorem articles as having paid duties
Weight or Guage.
Tare & draft or allowance for leakage.
When merchandize is exported from the port of original importation, the following to be omitted in the above-" and brought into this diftrict on the in the mafter from"'
Previous to any permit being given, proof muft be made by the im- porter, and every other perfon through whofe hands fuch merchandize may have paffed, of the due importation, the paying or fecuring the du- tics, and identity thereof. The form of the oath as follows-
Oath to be taken on Exportation, by the original Importer.
1, do folemnly, fincerely, and truly fwear, or affirm, that the articles fpecified in the above, or annexed entry, were import- . ed by or configned to me, in the whereof was mafter, fiom that they were duly entered by me at the cuftom-houfe
41
NEW-YORK REGISTER.
of this port, and the duties paid or fecured-that they are the fame in quantity, quality, package, and value, as at the time of importation, neceffary or unavoidable wattage or damage only excepted, and are now actually laden on board the whereof is mafter, and that they are truly intended to be exported by me in the faid vellel, 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 . Jold.
I, do folemnly, fincerely, and truly fwear, or affirm, that the articles fpecified in the above, or annexed entry, as imported by or consigned to me, were truly imported by, or configned to me, in the whereof is mafter, trom that they were duly entered by me at the cuftom-houfe of and the duties thereon paid, or fecured, that they were the fame in quantity, quality, package, necefsary, or unavoidable wattage or damage only excepted, and value, at the time of fale or delivery to as at the time of importation.
So help me God.
Oath to be taken by an intermediate perfon.
I, do folemnly, fincerely, and truly fwear, or affirm, that the articles of merchandize fpecified in this entry were purchafed by me from and were fold be me to and that they were not, to the beft of my knowledge and belief, altered or in any refpect changed in quantity, quality, value, or package, necef- fary or unavoidable waftage or damage only excepted, while in my poffefsion, or from the time of faid purchafe until the time of faid fale. So help me God.
Oath to be taken by an experter, other than the original importer.
I, do folemnly, fincerely, and truly fwear, or affirm, that the articles fpccified in the above or annexed entry were purchafed by me of that they are now actually laden on board of the whereof is mafter, and were at the time of fuch lading, and are now, the fame in quantity, quality, pack- agc, (neceffary or unavoidable waftage or damage only excepted) and value as at the time of purchafe, that they are truly intended to be ex- ported by me, in the faid veffel, to the port of and are not intended to be re-landed within the limits of the United States. So help me God.
The exporter to make oath refpecting fuch exportation, and to give bonds before clearance, or within ten days after, with fecurity, to the fatisfaction of the collector, in a penalty double the amount of fuch drawback, to produce the proof required by law in refpect to their being landed without the limits of the United States, within one year f to Europe or foreign dominions in America, or within two years if
E
42
LONGWORTH'S
to Afia or Africa.
The certificate proper to be produced to be of the following form :
I. of the of do hereby certify, that th goods or merchandize herein after defcribed, have been landed in thi: between the and days of fron on board the of whereof is at prefent mafter, viz.
A. B. No. I to 10, ten bogsheads Containing 14000 lbs.
C. D. No. 3, 6, 9, 15. four tierces S weight of coffee.
E. F. No. 14. 18, 22, 2 Eight hopfheads, containing reooo Ibs 25, 27, 30, 33, 36, 5 Weight of brown fugar.
G. H. No. 21 to 30,-ten chefts, containing 700 wt. of hylon tea. Three bales, containing one hundred and fit
I. K. 7, 16, 19. Sty pieces of nankeen.
Which, according to the bills of lading for the fame, were fhipped of board the at the port of in the United States of Ame
rica, on or about the day of and configned to by of aforefaid, merchant. Given under
band, at the
this
day of
A. A.
Oath or affirmation of the mafter or principal officers of the vej fel, confirming the above.
Port of
We, mafter, and mate, of the C lately arrived from the port of in the United State of America, do folemaly fwear, or affirm, that the goods or merchan dize enumerated and defcribed in the preceding certificate, dated th day of and figned by A. A. of the city of mer chant, were actually delivered at the faid port, from on board the fai within the time fpecified in the faid certificate.
Sworn, or affirmed, at the city of
this day of before me
Form of verification of the above by a Conful or Agent of the United States.
I, ,confirl or agent of the United States of America,,8 the city of do declare, that the facts fet forth in the precedin
certificate, fubfcribed by A. A. of the faid merchant, and date the day of are to my knowledge, juft and true ; o are in my opinion, juft and true, and deferving full faith an credit.
In testimony whereof, I have bereunto fubfcribed my nam and affixed the feal of my office, at this day
M. M. Conful.
43
NEW-YORK REGISTER.
If there is no Conful or Agent, the following in place thereof. We, refiding in the of do declare, that the facts ftated in the preceding certificates figned by A. A. of the faid merchant, on the day of are to our knowledge, juft and true, or are in our opinion, juft and true, and worthy offull faith and credit. We alfo declare that there is no conful or other public agent for the United States of America, or American merchants, now reliding at this place.
Dated at the city this day of
R. S. T. L.
Sect. 82. Ifany goods, wares or merchandize, entered for exporta- tion with intent to drawback the duties, fhall be landed within the limits of the United States, the fame is fubject to feizure, and forfeiture, to- gether with the fhip or veffel, and the veffels or boats ufed in landing the fime-and all perfons concerned therein, upon conviction, to fuffer im- prifonment not exceeding, fix months.
Sect. 77. Merchandize may be tranfported coaftways to fuch parts as veffels arriving from the Cape of Good Hope, or beyond the fame, are admitted to enter at, by making the following entry, and obtaining a certificate from the port of original importation.
The form of entry as follows :
Entry of merchandizc intended to be shipped by Cit
board the whereof is mafter, for to be exported from thence for the benefit of drawback, which were im- ported into this diftrict on the by in the from
Marks.
Num- bers.
Pack. ages and Con- tents.
Coft of articles paying duty ad va- lorem.
Weight or Guage.
Tare & draft or allowance for leakage.
Such merchandize to be entered by the confignee, previous to the land- ing thereof, in manner following:
Entry of merchandise, transported confiways, for in- the whereof is mafter, from for the pur- pofe of being exported from the district of for the benefit of drawback ; which were imported in the diftrict of on the by in the from
Marks.
Numbers.
Packages.
Content ..
44
LONGWORTH'S
Oath or afirmation to this entry.
I do folemnly, fincerely, and truly fwear, or affirm, ac- cording to the beft of my knowledge and belief, that the entry by me fubfcribed, is juft and true-that the merchandize therein mentioned, have been duly imported, and the duties thereon paid, or fecured to be paid, according to law.
So help me God
Sect. 78. The certificate accompanying fuch merchandize, to be pro- duced at the time of making entry, upon which a permit will be granted for unlading, and if intended to be exported to a foreign port, the fame proceedings to be had as if fuch merchandize had been originally im- ported into the diftrict from whence they are to be exported.
Sect, 79. Merchandize may be tranfported acrofs the State of New- Jerfey, by the following rout, toPhiladelphia, and exported from thence to a foreign port, and obtain drawback, viz. New-Brunfwick, South- Amboy, and Lamberton, Bordentown or Burlington, by making an entry as if tranfported by water,-the faid merchandize to be infpected and marked previous to the lading on board any packet with intention of tranfportation as aforefaid, and obtaining a certificate as in other cafes,-and if merchandize is tranfported by any other rout than ex- prefsed in the pafsport accompanying the fame, or if the marks, faftenings or feals that may be placed thereon, by direction of any officer of the cuffoms, be broken, or defaced, or unpacked, the merchandize in refpect to which fuch omifsion or wrong doing fhall happen, or the value there- of, fhall be forfeited.
In addition to the above-mentioned entry, the following fhall be made to obtain the pafsport for tranfportation, and which is, to accompany duch merchandize :
Entry of merchandize intended to be transported by the city of merchaut, across the State of New-Ferfey to Philadelphia.
of
Marks.
Numbers.
Number and defcription of Packages
Contents.
By whom fent.
To whom configned.
-
Sect. 80. If goods are exported from the diftrict into which they were originally imported, the exporter fhall receive from the collector of fuch diftrict, a debenture or debentures for the amount of fuch drawback, payable at the exact time or times on which the duties on fuch goods fhall become due. Provided, that if the duties on fuch merchandize fhall have been paid prior to an entry for exportation, the debenture fhall be made payable in fifteen days from the time of figuing the bond ; and the debenture may be made payable to the original importer, when the fame fhall be requefted in writing, by the exporter, and not other. wifc.
45
NEW-YORK REGISTER.
Ef merchandize, having been imported coaftways, accompanied by a certificate, fhall be exported to a foreign port, the exporter to receive a certificate from the collector of the diftrict from whence exported ; which is to be produced to the collector of the diftrict of original importation, and the drawback to be paid at fuch port, upon a debenture or deben- tures being granted thereon, payable as aforefaid ; but in no cafe is the drawback to be paid, until the duties are firft received.
Deduction, on exportation, is three and three quarters per cent. on all merchandize, except diftilled fpirits, which is half a cent per gallon, and a quarter per cent. of the amount of duties.
Merchandize imported in foreign Ships or Veffels, and to be exported therefrom, no part of the additional duty impofed by law on account of their importation in fuch veffels, fhall be allowed as Drawback, but the whole of the faid additional duty fhall be retained, in addition to the rate per cent. by this and former acts to be retained.
Mode of recovering Drawback on Sugar refined within the United States.
A drawback of fix cents per pound is allowed on fugar refined within the United States ; the exporter to give fix hours notice of fuch expor- tation to the Surveyor or officer acting as infpector of the port, and make entry therefor at bis ofice ; alfo make oath before the Collec- tor, that the fugar fo laden on board the veffel, fpecified in fuch entry, is truly intended to be exported to the place therein mentioned ; and that they believe the duties thereupon have been truly paid, or fecured ; and fhall give bond to the Collector with two fureties, one of whom fhall be the mafter of the veffel in which laden for exportation, that the fame fhall be really and truly exported to, and landed in fome port or place without the limits of the United States-fuch drawback not to be let's than 12 dollars, and is payable in, nine months from the date of the bond, provided the certificates are produced of the actual landing thereof at a foreign port; the certificate to be of the form as in other cafes of foreign merchandize.
Form of the Entry.
Entry of Sugar refined within the United States, intended to be shipped by on board the mafter, for for the benefit of drawback.
Marks and Numbers.
Packages and Contents.
Quantity.
Place where do pofited.
Oath or Affirmation to the above.
I, do folemnly, fincerely, and truly fwear, or affir m, according to my belt knowledge and belief, that the fugar fpecified in the above
E 2
6
LONGWORTH'S
return, is truly fugar refined within the United States-and I do verily believe the duties impofed by law have been paid, or fecured-that it is now actually laden on board the mafter, for the purpofe of being exported to and is not intended to be re-landed within- the limits of the United States .. So help me God.
Sugar fo laden for exportation, if re-landed within four leagues of the coaft of the United States (unlefs in cafes of necefsity or diftrefs, no- tice of which fhall be immediately given to the principal officers of the cuftoms refiding neareft to which fuch veffel may be) fhall be forfeited, together with the fhip or veffel on board of which the fame fhall have been fhipped, with her furniture, &c. and the fhip or veffel into which fuch fugar fhall be unfhipped and put.
Domestic Spirits.
Six hours notice to be given by the exporter to the furveyor or infpec- tor of the port, previous to the landing thereof, by lodging an entry therefor with fuch furveyor or infpector-and bonds to be given to the collector in the fame manner as in cafes of refined fugar; to produce cer- tificates of landing at a foreign port, as in other cafes-the drawback is payable in fix months, provided fuch certificates are produced -- but no drawback under one hundred and fifty gallons.
Form of Entry.
Marks and Numbers.
Packages and Contents .-
Quantity.
Proof.
The oath to this entry is the fame as for refined fugar.
Bounty on Salted Provisions and Fish of the United States.
Sect. 83, An allowance of thirty cents per barrel is allowed on pickled fith of the United States, and twenty-five cents per barrel on all provifions falted within the United States, without any deduction, if the fame fhall amount to ten dollars .. And, in order to obtain fuch bounty, the exporter to make an entry therefor with the collector-but no entry will be received where fuch pickled fifh or falted provifions have not been infpected and marked agreeable to the laws of the refpective Rates where fuch laws are in force. Such bounty is payable in fix months from the date of the bond to be given ; and in no cafe, unlefs the certificates of landing at a foreign port, as in other cafes, are pro- duced. The bond to be in double the amount of fuch bounty-condi- tioned, that the fame fhall be landed and left at fome foreign port.
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