USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1819 > Part 41
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SECT. 24. For all goods not included in the manifest, the mas ter forfeits a sum of money equal to their value, and all merchan dize not included in such manifest, belonging or consigned to the master, mate, officers, or crew of such vessel, shall be forfeited, un less it is made to appear to the satisfaction of the collector, nava
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officer and surveyor, or the major part of them, or to a court on trial, that no part was unshipped except what is mentioned in the report, or that the manifest has been lost or mislaid, without fraud, or defaced by accident, or incorrect by mistake.
SECT. 25. The master of any vessel, or other person having charge thereof, belonging in whole or in part to a citizen or citizens, inhabi- tant, or inhabitants of the United States, on arrival within four leagues of the coast, or within any bays, harbours, ports, rivers, creeks, or inlets thereof, to have a manifest on board, and on de- mand made by any officer of the customs, first coming on board, to produce such inanifest and deliver him a copy thereof, signed by the master or other persons having charge of such vessel, and the officer shall certify on the original the day and year the same was produced, the said copy to be provided and subscribed by the master, or such other person having command; the copy of which to be compared with the original, and certified by such officer on the back thereof; the day and year such copy or copies was or were delivered to him-the original manifest to be delivered af- terwards by the master to the collector. Provided, that not more than one copy of each manifest shall be required by any officer or officers who shall first come on board, within four leagues of the coast of the United States, and one other copy to any officer or officers who shall first come on board within the limits of any dis- trict for which the cargo, or any part thereof, shall be destined.
SECT. 26. The penalty on masters, for not producing manifest, and delivering copy thereof to the proper officer or officers on demand, or for not informing such officer of the true destination of such vessel, is 500 dollars for each offence: and the like penal- ty is incurred by such officer, who shall neglect or refuse to cer- tify such manifest-and the officer is required to make a return in writing, of the name of the vessel and master, offending in any, or all of the particulars required, to the collector of the district where such vessel may be bound.
SECT. 27. Any vessel within four leagues of the coast, or within the limits of any district, unloading goods without authority from proper officers, the master and mate forfeit 1000 dollars for each offence, 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.
SECT. 28. Masters of vessels receiving goods so unladen (except as before excepted), to forfeit treble the value of such goods; and the ship, boat, or vessel receiving them, to be forfeited.
SECT. 29. If any vessel having arrived within any district, shall depart, or attempt to depart from the same (unless to some more interior port, or by stress of weather,) without report to the col- lector, the master forfeits 400 dollars.
SECT. 30. Any vessel arriving from a foreign port, the master is to report to the collector, within 24 hours after his arrival; and with- in 24 hours thereafter, further to report the name, burthen, &c. in writing, agreeable to the directions of section 23d, and shall make oath or affirmation to the truth of the same.
The master or other person having charge of any vessel having distilled spirits, wines, or teas, shall within 48 hours after arrival,
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make a report in writing to the surveyor, or officer acting as in- spector of the revenue of the port, under a penalty of 500 dollars.
The master, or other person having command, neglecting to make such report forfeits 1000 dollars.
SECT. 31. Ships of war, or packets of any prince or state, not permitted by such prince or state to carry goods in way of trade, are not required to make such reports.
SECT. 32. Masters of vessels after arrival and entry, may pro- ceed 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, but bonds are not required when vessels put in, in distress.
SECT. 34. Masters of vessels, having goods on board destined to different 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, showing on what part of the cargo the duties have been paid or secured, 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 24 hours after his arrival, under a penalty of 500 dollars; and the said bond to be cancelled by producing from the collec- tor of such district, a certificate within six months, of the due en- try and delivery of such merchandize in such district or districts.
SECT. 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 forfeiture, and 500 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 en- try, 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 vessel, and an oath or affirmation to be taken of such delivery; the master to re- ceive two cents for every letter so delivered.
SECT. 57. Goods found on board any vessel not noted on the manifest, 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 500 dollars, unless made appear to the satisfaction 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 disa- greement arises from accident or mistake.
SECT. 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
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lodged at the custom-house; and within 48 hours enter his vessel, as in all other cases; and if by 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 suchi part as may be necessary to be sold to defray 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.
SECT. 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 about to depart, a manifest of all the cargo on board, and the value thereof, subscribed by such person; the penalty for not delivering such manifest, and obtaining a clearance, previous to departure from such district, is 500 dol- lars for every offence.
Importers and Consignees.
SECT. 36. Owners or consignees of goods imported, are, within 15 days after the master's report, to make entry with the collec- tor, detailing the several contents and nett cost of each package particularly, and produce the original invoice, documents and bills of lading, which must be verified on oath or affirmation, by the said parties, 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 consignee of such merchandize, such person to give bond in the sum of 1000 dollars, over and above what the duties may amount to, with condition, that the bona fide owner or consignee of such merchandize, shall, on or before the first period of payment of such duty become due, deliver to said collector, a full and correct account of said merchandize, in manner and form aforesaid; verified by a like oath or affirmation, before any judge of the United States, or a judge of any court of re- cord of a state, or before 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 shall be delivered, within ninety days from such entry.
When the particulars of such merchandize are not known, an entry thereof to be made according to circumstances; declaring on oath or affirmation, all the particulars the party knows or believes concerning the same, to be subscribed by the party : and where an imperfect entry is made, either for want of invoices, bills of lad- ing, &c. the collector to take such merchandize into his custody, until the quantity, quality or value can be ascertained.
SECT. 37. Every importer or consignee of distilled spirits, wines or teas, to make a separate entry of the same, specifying the name of the vessel and master, and place from whence; the quantity and quality, and a particular detail of the chests, casks or vessels, con- taing the same, with the marks and numbers; which entry, after being certified by the collector, to be produced to the surveyor or
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officer acting as inspector 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 for- feiture, and 500 dollars penalty on the master or person having charge of the vessel.
SECT. 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 appraisement is lodged in the custom-house within ten days after the landing thereof, accompanied with a certificate of the wardens of the port.
SECT. 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 sale, after the du- ties 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 arti- cles may be sold immediately.
SECT. 66. Goods entered under a fraudulent invoice to be for- feited, 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 pos- session at the risk and expense of the importer, until they are appraised, and in case of prosecution for the forfeiture afore- said, such appraisement shall not exclude other proof on trial, of the actual and real cost of the said goods at the place from whence imported.
SECT. 67. Packages may be opened in presence of two mer- chants, upon suspicion of fraud, and repacked under the inspec- tion of an officer; and if found to differ from the entry, to be for- feited, unless made appear to the satisfaction of the principal offi- cers of the customs, or a court on trial, that such difference pro- ceeds from accident or mistake, or without intention of fraud.
Returned Cargo.
SECT. 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.
SECT. 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 duties, that within six months a certificate shall be
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produced from the collector of the customs for the district from whence they were exported, 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 consigned inward.
Return of passengers, and of packages belonging to them re- spectively. (Here insert the names of the passengers-and whe- ther cabin or steerage passengers; with the description and num- ber of packages containing their baggage, or the tools or imple- ments of a mechanical trade.)
Passengers.
SECT. 46. Entry to be made by passengers, of all clothes, tools, or implements of trade or professions, arriving in the U. States to settle-which articles are exempted from duty.
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 on oath, or the collector may direct such baggage to be examined; and if any article is contain- ed therein which ought to pay duty, entry must be made thereof; and if an entry is made as aforesaid, and upon examination there- of, any article is found therein subject to duty, (not having been expressed at the time of making 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 Merchandize.
SECT. 75. Merchandize imported into the United States, (foreign caught fish, fish oil and playing cards excepted,) if exported with- in one year from the paying or securing the duties thereon, from the ports of original importation, are entitled to a drawback of such duties, or may be transported coastways to certain districts, and the drawback, if exported from thence to a foreign port, ex- cepting those immediately adjoining the United States,* by observ. ing the following directions :- Provided the duties paid or secured on such merchandize, 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 pack. ages, in which they were imported, except liquors in casks, coffee or cocoa in casks or other packages, or unrefined cugar, which may be filled up out of others of the same importation, or put up into new casks or packages corresponding therewith, which must
* St. Augustine, Nova Scotia, Halifax, and the Canadas.
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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.
When 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 dis- tilled spirits, wines, or teas, must be given up, or no drawback 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 drawback.
Previously 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 mer- chandize may have passed, of the identity thereof.
SECT. 82. If any goods, wares, or merchandize, entered for ex- portation with intent to drawback the duties, shall be landed with- in 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 con- cerned therein, upon conviction, to suffer imprisonment not ex- ceeding six months.
SECT. 77. Merchandize 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 obtaining a certificate from the port of original importation.
SECT. 78. The certificate accompanying such merchandize 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 inerchandize had been originally imported into the district from whence they are to be exported.
SEcr. 79. Merchandize may be transported across the state of New Jersey, by the following route to Philadelphia, and exported from thence to a foreign port, and obtain drawback, viz. New- Brunswick, South Amboy, and Lamberton, Bordentown, or Bur- lington, by making an entry as if transported by water; the said merchandize 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 cases ; and if merchandize is transported by any other route than expressed in the passport accompanying the same, or if the marks, fastenings or seals that may be placed thereon, by direction of any officer of the customs, be broken or defacetl, or unpacked, the merchandize in respect to which such omission or wrong doing shall happen, or the value thereof, shall be forfeited.
SECT. 80. If goods are exported from the district into which they were originally imported, the exporter shall receive from the col- lector 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 goods shall become due. Provided, that if the du- ries on such merchandize shall have been paid prior to an entry for
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- exportation, the debenture shall be made payable in 15 days from the time of signing the bond ; and the debenture may be made pay- able to the original importer when the same shall be requested in writing by the exporter, and not otherwise.
If merchandize having been imported coastways, accompanied with a certificate, 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 drawback to be paid until the duties are first received.
Information generally.
SECT. 43. The want of certificates of distilled spirits, wines, or teas, subject such articles to seizure and 50 dollars fine if such cer- tificates are not delivered to the purchaser ; and if any cask, chest, vessel or case, containing such articles shall be found in the pos- session of any person, without being marked, and not being accom- panied with a certificate, the same is liable to seizure.
SECT. 4.4. 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 be delivered up, under the penalty of 100 dollars and costs of suit.
SECT. 50. Goods from foreign ports, not to be unladen but be- 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 dol- lars value, of vessel and apparel.
SECT. 51. Goods removed before gauged and weighed, (and if wines, spirits, or teas, before being marked,) without permission, are forfeited.
SECT. 93. Persons giving or offering a bribe, 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 hatches, &c. Persons in charge of vessels, for breaking fastenings, but in pre- sence of an officer, forfeit 200 dollars.
Officers may seize within or without their districts-persons re- sisting or impeding them, forfeit 400 dollars.
The master or commander of any vessel, that shall obstruct or hinder, (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 50 to 500 dollars.
Register Act.
Every owner of a vessel, residing within the limits of the United States, to swear to the register within 90 days after its being
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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 28th of February, 1805, it is made the duty of every master of any vessel bound on a foreign voyage, before any clearance is granted, to deliver to the collector of the customs, under oath or affirmation, a list containing the names, place of residence, and a description of the persons composing 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 is to enter into bond, with security, in the sum of 400 dollars, to exhibit the afore- said 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 per- son contained in the list, who may be discharged in a foreign coun- try, with the consent 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.
SECT. 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 Mediterranean passport, with the consul, vice-consul, commercial agent, (if any there be at such port,) and in case of refusal, he forteits 500 dol- lars; and when the said master produces a clearance from the pro- per 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.
SECr. 3. Whenever a ship or 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 discharged in a foreign country, it is the duty of the master or commander to pro- duce 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 main- tenance of destitute American seamen 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 re- spectively, 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 United States, bound to a port of the same, to take such seamen on board of their ships or vessels, at the request of said consuls, &c. (not more than two men to every hundred tons burthen of his ship or vessel,) and
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