USA > New York > New York City > Mercein's city directory, New-York register, and almanac, for the forty-fifth year of American independence. Containing, beside the list of duties, 1820 > Part 7
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Sec. 26. The penalty ou masters, for not producing manifest, and delivering copy thereof to the proper officer or officers on demand, or for not informning such officer of the true destination of such vessel, is five hundred dollars for cach offence : and the like penalty is incurred by such officer, who shall neglect or refusc to certify such manifest,- and the officer is required to make a return in writing of the name of the vesscl and master, offending in any, or all of the particulars re- quired, to the collector of the district where such vessel may be bound.
Sec. 27. Any vessel within four Icagues of the coast, or within the limits of any district, unloading goods without authority from proper officers, the master and mate forfeit one thousand dollars for each of- fence, and goods forfeited, except in case of accident, necessity, or stress of weather; which shall be proved before the collector, by the master, mate, and one other officer or mariner.
Sec. 28. Masters of vessels receiving goods so unladen (cxcept as beforc excepted,) to forfeit treble the value of such goods ; and the ship, boat, or vessel receiving them, to be forfeited.
Sec. 29 If any vessel, having arrived within any district, shall de- part, or attempt to depart from the same, (unless to some more interior port, or by stress of weather,) without report to the collector, the mas- ter forfeits four hundred dollars.
Sec. 30. Any vessel arriving from a foreign port, the master is to report to the collector, within twenty-four hours after his arrival ; and within 24 hours thereafter, further to report the name, burden, &c. in writing, agrecable to the dircctions of section 23d, and shall mako oatlı or affirmation to the truth of the samc.
The master or other person having charge of any vessel having dis- tilled spirits, wines, or teas, shall, within 48 hours after arrival, make a report in writing to the surveyor, or officer acting as inspector of the revenue of the port, undcr a penalty of five hundred dollars.
The master, or other person having command, neglecting make such report, forfeits one thousand dollars.
Sec. 31. Ships of war, or packets of any prince or state, not permit- ted by such prince or state to carry goods in way of trade, ure uut re- quircd to make such reports.
Sec. 32. Masters of vessels after arrival and entry, may proceed to foreign ports with goods, noted on the manifest at the time of entry for such foreign port, without paying duties thereon, on giving bond that the said goods shall be actually re·exported in such vessel to a foreign port ; hut bonds are not required wlien vessels put in, in distress.
Scc. 34 Masters of vessels, having goods on board, destined to dif- ferent districts, other than the district at which he may arrive, to be furnished by the collector with a copy of his report; and a certificate,
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showing on what part of the cargo the duties have been paid or se- cured. and give bond for reporting such goods, on which the duties have not been paid or secured ; which copy the master is to produce to the collector of the district where bound, within twenty-four hours after his arrival, under a penalty of five hundred dollars; and the said bond to be cancelled by producing from the collector of such district, a certificate within six months, of the due entry and delivery of such merchandise in such district or districts.
Sec. 35. In addition to the foregoing section, the master to apply to the surveyor or inspector of the port for a copy of his report, where there are distilled spirits, wines, or teas on board, to be delivered in different districts,-the want of which subjects such articles to for- feiture, and five hundred dollars penalty on the master.
Post Office Law.
No ship or vessel from foreign ports, or coming by sea from any port of the United States, shall be permitted to report, make entry, or break bulk, till the master shall deliver to the postmaster, all letters under his care or within his power, other than such as are directed to the owner or owners of such ship or vesselpand an oath or affirmation to be taken of such delivery; the master to receive two cents for eve- ry letter so delivered.
Sec 57 Goods found on board any vessel not noted on the man ?- fest, the master to make post entry, previous to any permit being granted therefor.
Packages wanting, or goods not agreeing with the manifest, the master forfeits five hundred dollars, unless made appear to the satisfac- tion of the principal officers of the customs, that no part of the cargo has been unloaded since it was taken on board, except such as noted in the report, and pursuant to permits ; and that such disagreement arises from accident or mistake.
Sec 60. Vessels arriving from any foreign port, in distress, at any port in the United States, not being destined for the same, protest to be made by the master and mate, within 24 hours, and lodged at the cus- tom house ; and within 48 hours enter bis vessel, as in all other cases ; and if hy certificate of the wardens of the port, of the necessity thereof, the vessel may be unladen and cargo deposited in the public store, and reladen again (except such part as may be necessary to he sold to de- fray the expenses of the repairs of the vessel only, on which the duty shall be paid as in other cases:) by permission from the custom-house, free from any other charge than storage and fee to the officers of the custom, as in other cases.
Sec. 93. The master or person having command of any vessel bound to a foreign port or place, shall deliver to the collector of the district from whence such vessel is ahout to depart, a inanifest of all the cargo on board, and the value thereof, subscribed by such person : the pe- nalty for not delivering such manifest, and ohtaining a clearance, pre- vious to departure from such district, is 500 dollars for every offence.
Importers and Consignees.
Sec. 36. Owners or consignees of goods imported, are, within fifteen days after the master's report, to make entry with the collec- tor, detailing the several contents and nett cost of each package par-
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ticularly, and produce the original invoice, documents and bills of la- ding, which must be verified ou oatlı or affirmation, by the said par- ties, who must subscribe the form of entry on oath.
When the above entry is made by any agent, factor or other person, other than bona fide owner or consignce of such merchandise, such person to give bond in the sum of one thousand dollars, over and above what the duties may amount to, with condition, that the bona fide owner or consignee of such merchandise, shall, on or before the first period of payment of such duty become duc, deliver to said collector a full aud correct account of said merchandise, in manner and forin aforesaid ; verified by a like oath or affirmation, before any judge of the United States, or a judge of any court of record of a state, or be- fore a collector of the customs ; and in case the duties are paid at the time of entry, a like bond to be given, that such an account sball be delivered, within ninety days from such entry.
When the particulars of such merchandise are not known, an entry thereof to be made according to circumstances; declaring on oath or affirmation, all the particulars the party knows or belicves concerning the same, to be subscribed by the party ; and where an imperfect en- try is made, either for want of invoices, bills of lading, &c. the collec- tor to take such merchandisc into his custody, until the quantity, quali- ty or value can be ascertained. .
Sec. 37. Every importer or consignee of distilled spirits, wines or teas, to make a scparate entry of the same, specifying the name of the vessel and master, and place from hence ; the quantity and quality, and a particular detail of the chests, casks or vessels, containing the same, with the marks and numbers ; which entry, after being certified by the collector, to be produced to the surveyor or officer acting as in- spector of the revenue for the port ; and all permits granted by the collector for the above articles, shall, prior to the landing of the same, be produced to the surveyor or officer acting as inspector for the port, for endorsement ; any of the above articles landed, contrary to the above direction, are subject to forfeiture, and five hundred dollars ne- nalty ou the master or pcrsou having charge of the vessel.
Sec. 52. Goods without invoice, or specification of particulars, to be stored by the collector until appraised, or invoices arrive, at the option of the importer.
Appraisers to ascertain and certify at what rate, or per centage, such goods are damaged ; but no allowance for damage, unless such appraiscment is lodged in the custom-house within ten days after the landing thereof, accompanied with a certificate of the wardens of the port.
Sec. 56. Goods not landed in 15 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 surplus money arising from such salc, 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 whence they are imported, to be taken into his possession at the risk and ex-
NEW-YORK REGISTER.
pense of the importer, until they are appraised, and in case of prosecu- tion for the forfeiturc aforesaid, such appraisement shall not exclude other proof on trial, of the actual aud 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 trud and repacked 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 proceeds from accident or mistake, or without intention of fraud.
Returned Cargo.
Sec. 47. When goods, &c. the growth or manufactures of the United 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.
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 whencethey were export- ed, that such goods were actually so exported; in default of which, the bond to be forfeited and the penalty paid.
If any articles of the outward cargo are brought back, they are to be detained, specifying by whom shipped outward, and to whom con- signed inward
Return of passengers, and of packages belonging to them respective- ly .- (Here insert the names of the passengers-and whether cabin or stcerage passengers ; with the description and number of packages containing their baggage, or the tools or implemeuts of a mechanical - trade.)
Mode of obtaining Drawback on Foreign Merchandise.
SECT 75. Merchandise imported into the United States, {foreign caught fish, fish oil and playing cards exceptcd,) if exported within one year from the paying or securing the dutics thereon, from the ports of original importation, are enti- tled to a drawback of such duties, or may be transported coast- ways to certain districts, and the drawback, if exported from thence to a foreign port, excepting those immediately adjoining the United States,* by observing the following directions :- Pro- vided the duties paid or secured on such merchandise, imported by one person or co-partnership, and entered at the same time, shall amount to fifty dollars, except distilled liquors, which must be one hundred and fifty gallons, and exported in the original casks, cases, chests,boxes, or other packages, in which they were import- ed, except liquors in casks, coffee or cocoa in casks or other packages, or unrefined sugar, which may be filled up out of others of the same importation, or put up into new casks or packages,
* St Augustine, Nova Scotia, Halifax, and the Canadas.
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corresponding therewith, which must be marked and numbered as the originals, but no change or filling up to take place, unless the easks or other packages are unfit for exportation, and in no other ease; the whole to be performed under the inspection of a proper offieer appointed for that purpose.
When artieles are imported in bulk, the paekages in which they are landed shall be deemed the packages of original importation, and must be exported in the same; and all certifieates for dis- tilled spirits, wines, or teas, must be given up, or no drawbaek to be allowed.
SECT. 76. Twenty-four hours notice to be given, by lodging an entry therefor before shipping the goods, except distilled spirits, which require but six hours ; and goods shipped without a proper permit, forfeit the drawbaek.
Previously to any permit being given, proof must be made by the importer, of the importation and the paying or seeuring the duties thereon, and every other person through whose hands such merchandise may have passed, of the identity thereof.
SECT. 82. If any goods, wares, or merchandise, entered for exportation with intent to drawbaek the duties, sball be landed within the limits of the United States, the same is subject to sei- zure and forfeiture, together with the ship or vessel, and the vessels or boats used in landing the same : and all persons eon- cerned therein, upon eonvietion, to suffer imprisonment not ex- ceeding six months.
SECT. 77. Merchandise may be transported eoastways to sueh 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 obtaining a certificate from the port of original importation.
SECT. 78. The certificate aecompanying such merehandise to. be produced 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 same proceedings to be had as if such merchan- dise had been originally imported into the distriet from whenee they are to be exported.
SECT. 79. Merchandise may be transported aeross the state of New-Jersey, by the following route to Philadelphia, and exported from thenee to a foreign port, and obtain drawback, viz. New- Brunswiek, South Amboy, and Lamberton, Bordentown, or Bur- ligton, by making 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 certificate as in other eases ; and if merchan- dise is transported by any other route than expressed in the passport aceompanying the same, or if the marks, fastenings or seals that may be placed thereon, by direction of any officer of the eustoms, be broken or defaced, or unpacked, the merchan- dise in respeet to which sueh omission or wrong doing shall happen, or the value thereof, shall be forfeited.
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SECT. 80. If goods are exported from the district into which they were originally imported, the exporter shall receive from the collector of such district, a debenture or debentures for the amount of such drawback, payable at the exact time or times on which the duties on such gouds 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 15 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 certificatc, shall be exported to a foreign port, the exporter to receive a certificate from the collector of the district from whence exported, 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,-but in no case is the drawhaek to be paid intil the duties are first received.
Information generally.
SEET. 43. The want of certificates of distilled spirits, wines, or teas, subject such articles to seizure and 30 dollars fine, 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 certificate, the same is fiable to seizure.
SECT. 44. On the scale of any cask, &c. which has been marked, the marks to be defaced in presence of some officer of inspection or customs,-and the certificate of the same to he delivered up, under the penalty of 100 dollars and cost of suit.
SEcr. 50. Goods from foreign ports not to be unladen but he- tween sunrise and sunset, without special license, under a penalty of 400 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 news- papers, with forfeiture of the goods ; and if above four hundred dollars v: lue, of vessel and apparel.
S.c. 51 Goods removed before gauged and weighed, (and if wines, spirits, or teas, before being marked,) without permission, are forfeited.
SECT. Do. Persons giving or offering a bribc, forfeit from 200 to 2000 dollars. Inspectors, and officers of revenue cutters, may go on board, examine, and search vessels : have free access to the cabin, and seal packages ; and after sunset, secure latchies, &c. Persons in charge of vessels, for breaking fastening, but in pre- sence of an officer, forfeit 200 dollars.
MERCEIN'S
Officers may seize within or without their districts-persons resisting or impeding them, forfeit 400 dollars.
The master or commander of any vessel, that shall obstruet or hinder (or be the eause 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 30 to 500 dollars.
Register Act.
Every owner of a vessel, residing within the limits of the United States, to swcar to the register within 90 days after its being granted, or it becomes void, and the vessel and cargo pays foreign tonnage and duty.
Consuls and Vice-Consuls.
By an act of Congress of the $8th of February, 1805, it is made the duty of every master of any vessel bound on a foreign voyage, before any elearance is granted, to deliver to the collector of the customs, under oath or affirmation, a list containing the namcs, placc of residence, and a description of the persons com- posing the ship's company, 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 25 cents; and the said master & to enter into bond, with security, in tl.« sum of 400 dollars, to exhibit the aforesaid certified copy of the list to the first board- ing 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 containcd in the list, who may be discharged in a foreign country, with the consent of the consul, vice-consul, commercial agent, or vicc-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.
SEET. 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 foreign port, to deposit his register, sea-letter, and Medi- terranean passport, with the consul, vice-consul, commercial agent, (if any there be at such port,) and in case of refusal, he forfeits 500 dollars; and when the said master produces a elear- anee 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.
SECT. 3. Whenever a ship or a vessel of the United States shall be sold in a foreign country, and her company discharged, or when an American seaman shall by his own consent be die
NEW-YORK REGISTER.
in mm charged in a foreign country, it is the duty of the master or commander to produce to the consul, vice-consul, or commercial agent, a certified list of the ship's company, 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 discharged, and the other remaining third to be retained for the purpose of creating a fund for the maintenance of destitute American sea- men in such foreign port.
SECT. 4. Makes it the duty of the consuls, vice-consuls, com- mercial agents and vice-commercial agents, to provide for the sea- men of the United States, who may be found in their districts respectively, sufficient subsistence and passages to some port in the United States, at the expense of the United States, subject to such instructions as the Secretary of State shall give ; and it is made the duty of all masters and commanders of vessels of the U. States, bound to a port of the same, to take such seaman on board of their ships or vessels, at the request of said consuls, &c. (not more than two men to every hundred tons burden of his ship or vessel,) and to transport them to the port in the United States to which he is bound, on such terins as may be agreed on, not ex- ceeding ten dollars for each person ; and if the captain or com- mander refuses to take such seamen on the request of the con- sul, &c. he forfeits 100 dollars for each seaman so refused.
Sec. 6. Fixes the fee of the consuls, &c. for a certificate of discharge of any seaman in a foreign port, at 50 cents ; and allows them two and a half per cent. on all moneys received aud paid on account of such discharges.
Sec. 7. Subjects the consuls to a fine nnt exceeding ten thousand dollars, and imprisonment not exceeding three years, for knowingly giving a false certificate, stating the property of foreigners belongs to citizens of the United States.
Sec. 8. Subjects the consuls, &c. to a fine not exceeding one thon- sand dollars, for knowingly certifying that an alieu is a citizen of the United States.
Sec. 9. Provides that all powers of attorney, executed in a foreign country, for the transfer of any stock of the United States, or for re- ceiving interest thereon, shall be verified by the certificate and seal of a consul, vice-consul, commercial agent, or vice-commercial agent, if any there be at the place where the same shall be executed, for which the said consul, &c. shall receive 50 cents.
OFFICERS OF THE CUSTOMS, In the Ports of Entry within the United States.
PORTS. COLLECTORS. SURVEYORS.
Portsmouth*
Timothy Upham James Ladd
White Mountains
Eph. H. Mahurin
Alburg
James Fisk
Mumphreymagog
Roger Enos
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MERCEIN'S
PORTS.
Newburyport
Ipswich
Gloucester
John Kittredge
Beverly and Salem* Marblehead*
William R. Lee
Ebenezer Dale Jonathan Smith John Sanders Joshua Prentis Elbridge Gerry
Plymouth
Barnstable
Joseph Wilson H. A. S. Dearborn Henry Warren Isaialı L. Green
Nantucket
Martin T. Morton
Edgartown
Thomas Cook, jr.
New-Bedford*
John Hawes
Dighton
Nathaniel Williams Jeremiah Bradbury Daniel Granger
Portland*
Isaac Ilsly
Bath
J. Wingate, jr.
Francis Cook
Bangor
Thomastown Frenchman's Bay Machias
Hezekiah Prince Meletiah Jordan Jeremiah O'Brien Stephen Thacker
Passamaquoddy Waldoborough Kennebunk
Denny M'Cobb
Josepl: Storer William Ellery
Newport* North Kingston East Greenwich Warren Bristol* Pawcatuck river Providence Patuxet 'Tiverton New-London
Chas. Collins, jr.
Thomas Coles
Thos. H. Cushing
Stonington
New-Haven
Middletown
Abraham Bishop Alex. Wolcott Walter Bradley
Fairfield Hartford Saybrook Sagg Harbour New-York* and Albany Hudson Oswegatchie
Henry P. Dering
David Gelston Reuben Moores Alex. Richards
John Slocum Wm. Hammond Thomas Arnold Nathaniel Philips Samuel Bosworth Sylvester Gavct John B. Barton Joseph Aborne Thomas Durfee Oliver Champlin Elijah Palmer William Munson W. Van Deursen
Solomon Porter George Wolcott
Joseph G. Swift John Vernor, jr. Isaac Dayton
D
York
Saco*
James C. Jewett Isaac Carter
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