USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1821 > Part 47
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SECT. 65. When bonds given for duties shall become due, and not discharged, the collector to prosecute without delay ; and in case of insolvency or death, the United States to be the first credi- tor ; and any executor, administrator, assignee, or any other per- son, paying any debt due by the person or estate, from whom or for which they are acting, previous to the debt or debts due to the United States being first fully satisfied and paid, shall become answerable in their own pierson and estate for the same, or part thereof remaining unsatisfied.
Sureties on all bonds given for duties, shall in case of insolvency or death of the principal, "have and enjoy the bke advantages, priority, or preference for the recovery and receipt of the said money cut of the estate and effects of such insolvent, or deceased principal, as are reserved to the United States."
When bonds are prosecuted for the recovery of duties duc to the United States, judgment to be granted at the return term, " unless the defendant shall in open court, the United States' at- torney being present, make oath or affirmation, that an error has been committed in the liquidation of the duties demanded upon such bond, specifying the errors alleged to have been commit- ted, and that the same have been notified, in writing, to the col- lector of the district prior to the commencement of the return term aforesaid."
On all bonds upon which suits shall be commenced, an interest shall be allowed at the rate of six per cent. per anmim, from the time when said bonds became due until the payment thereof.
SECT 33. Duties to be paid where goods are landed, and honds to be given for securing the duties, if the whole or part of the cargo is destined to different districts.
Ports of Entry and Delivery for Foreign Vessels.
No vessel not wholly belonging to a citizen or citizens of the Jnited States, shall be admitted to unload at any port or place except the following :
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NEW-HAMPSHIRE, Portsmouth .-- MASSACHUSETTS, Portland and Falmouth, New Bedford, Dighton, Salem, and Beverly, Gloucester, Newburyport, Marblehead, Nantucket, Boston, and Charlestown, Plymouth, Bath, Frenchman's Bay, Wiscasset, Machias, Penobscot, Biddeford, and Pepperelborough, Saco, and Kennebunk,-RHODE-ISLAND, Newport, Providence, Bristol .- CONNECTICUT, New London, and New-Haven .- NEW-YORK, New-York .- NEW-JERSEY, Perth-Amboy, Jersey, Burlington .- PENNSYLVANIA, Philadelphia .- DELAWARE, Wilmington, New- Castle, Port Penn .- MARYLAND, Baltimore, Annapolis, Vienna, Oxford, Georgetown (on the Potomack,) Charlestown Creek, Nottingham-Nanjemoy, St. Mary's Digge's landing, Snowhill, Carrolsburgh .- VIRGINIA, Alexandria, Kinsale, Newport, Tap- pahannock, Port-Royal, Fredericksburgh, Urbanna, Yorktown, West-Point, Hampton, Bermuda-Hundred, City Point, Peters- burgh, Richmond, East-River, Rocket's landing, Norfolk, and Portsmouth. - NORTH-CAROLINA, Wilmington, Newbern, Beau- fort, Washington, Edenton, Plankbridge, and Plymouth .- SOUTH CAROLINA, Charleston, Georgetown, Beaufort .- GEORGIA, Sa- vannah, Sunbury, Brunswick, Frederica, St. Mary .- LOUISI- ANA, New-Orleans.
Nor shall any vessel from the Cape of Good Hope, or beyond the same, be admitted to enter, except at the ports in the above list which are distinguished by italies.
Restrictions on Importations.
SECT. 92. No goods, wares, or merchandise, of foreign growth or manufacture, subject to the payment of duties, shall be brought into the U. States, from any foreign port or place, in any other manner than by sea ; nor in any ship or vessel of less than thirty tons burthen, agreeable to the mode of ascertaining American tonnage, except in certain districts on the northern, north- western, and western boundaries of the United States, adjoining to. the dominions of Great Britain in Upper and Lower Canada, and the districts on the rivers Ohio and Mississippi.
SECT. 103. No beer, ale, or porter, to be imported in casks of less capacity than forty gallons beer measure ; or if in bottles, in packages less than six dozen, under penalty of forfeiture, with the ship or vessel.
No refined lump or loaf sugar, shall be imported into the United States, from any port or place, except in ships or vessels of the burthen of one hundred and twenty tons and upwards, and in casks of packages containing each, not less than six hundred founds, on pain of forfeiting the said ship or vessel, and the loaf or Jump sugar imported therein, except in such casks or pack- ages as aforesaid.
No distilled spirits, (arrack and sweet cordials excepted,) to be imported in casks or vessels of less capacity than ninety gallons wine measure, on pain of forfeiture with the ship or vessel ; nor in casks or vessels which have been marked pursuant to any law of
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the United States, on pain of forfeiture of the said refined loaf or lump sugar, and distilled spirits, together with the ship or vessel. Provided, that the forteiture shall not be incurred on " any ships imported or brought into the United States, in other cusks or ves- sels aforesaid, or the ship or vessel in which they shall be brought, if such spirits shall be in the use of the seamen on board of such ship or vessel, and shall not exceed the quantity of four gallons for each seaman," and which shall at the time of the entry of the said vessel be inserted in the manifest as the sea-stores of such shift or vessel.
Duty of Masters of Vessels.
SECT. 23. No merchandise to be imported in any vessel belong- ing in whole or in part to a citizen or inhabitant ot the United States, unless the master of such vessel shall have on board a manifest in writing, signed by such master or other person having the command, containing the name of the port or place where such merchandise were received, and the port where consigned or destined to, within the United States, particularly noting the merchandise destined for each port, respectively, and every pack- age on board such vessel to be particularly described-to whom Consigned, or if to order, with the names of all passengers, distin- guishing whether cabin or steerage passengers, or both, with their baggage, and an account of all remaining sea-stores (it any.)
Vessel and Calin Stores.
If merchandise imported are destined to be delivered in differ- ent districts or ports, the said merchandise to be inserted in suc- cessive order in the above manifest, and all spirits, wines, and teas, being the whole or any part of the cargo, shall be inserted in like order, distinguishing the port where destined, and the kind, qualities, and quantity thercof.
SECT. 45. Excessive quantity of sea-stores to pay duty.
SECT. 19. Vessels bound to Connecticut, by way of Sandy Hook, or to Hudson, before they pass the port of New York, and imme- diately after arrival, the master to deposit with the collector a true manifest of the cargo on board such ship or vessel : the pen- alty for neglect or omission, or refusing to receive an inspector of the customs on board the same, to accompany such ves el, is 500 dollars.
SECT. 24. For all goods not included in the manifest, the master forfeits a sum of money equal to their value, and all merchan- dise not included in such manifest, belonging or consigned to the master, mate, officers, or crew of such vessel, shall be forfeited, unless it is made to appear to the satisfaction of the collector, naval officer and surveyor, or the major part of them, or to a
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court on trial, that no part was unshipped except what is men- tioned 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 citi- zens, inhabitant, 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 demand made by any officer of the customs, first coming on board, to produce such manifest 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 com- mand .; 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 afterwards by the master to the col- lector. 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 district 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 pen- alty is incurred by such officer, who shall neglect or refuse to certity such manifest-and the officer is required to make a re- turn 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 shin, 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 within 24 hours thereafter, further to report the name, bur- then, &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 merchandise 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 shift or vessel, and an oath or affirmation to be taken of such delivery ; the master to receive 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 ves- sel, as in all other cases ; and if by certificate of the wardens of tlie 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 be sold to defray the expenses of the rapairs 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 ves- sel bound to a foreign port or place, shall deliver to the collector of the district from whence such vessel is about to depart, a ma- nifest 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 dollars for every offence.
Importers and Consignees. -
SECT. 36. Owners or consignees of goods imported, are, within 15 days after the masters 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 per- son, other than bona fide owner or consigneé of such merchan- dise, 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 merchandise, 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 mer- chandise, 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 record of a state, or before a collector of the cus- toms : 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 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 be- lieves concerning the same, to be subscribed by the party : and where an imperfect entry is made, either for want of invoices, bills of lading, &c. the collector to take such merchandise 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 ves- sels, containing the same, with the marks and numbers ; which entry, after being certified by the collector, to be produced to
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the surveyor or officer 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 sur- veyor 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 500 dollars penalty on the master or person having charge of the vessel.
SECT. 52. Goods without invoice, or specification of particu- lars, to be stored by the collector until appraised, or invoice, ar- rive, at the option of the importer
. Appraisers to ascertain and certify at what rate, or per cent- age, such goods are damaged : but no allowance fer damage, un- less such appraisement is fodged 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 attd expense of the importer, until they are appraised, and in case of prosecution for the forfeiture aforesaid, such appraisement shall not exclude other proof on trial, of the ac- tual and real cost of the said goods at the place from whence im- ported.
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, honds 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 whether cabin or steerage passengers ; with the description and number of packages containing their baggage, or the tools or implements 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 fromn 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. contained therein which ought to pay duty, entry must be made thereof, and if an entry is made as aforesaid, and upon examina- tion thereof, any article is found therein subject to duty, (not having been expressed at the time of making the entry,) it is for- feited ; 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.
Sect. 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 duties, or may be transported coastways to certain dis- tricts, and the drawback, if exported from thence to a foreign port, excepting those immediately adjoining the United States,* by observing the following directions ;- Provided 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 imported, 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 corre-
* St. Augustine, Nova Scotia, Halifax, and the Canadas.
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sponding 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 pro- per 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 impor- tation, and must be exported in the same ; and all certificates for distilled spirits, wines, or teas, must be given up, or no draw back 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 pro- per 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 merchandise may have passed, of the identity thereof.
SECT. 82. If any goods, wares, or merchandise, entered for exportation with intent to drawback the duties, shall be landed within the limits of the United States, the same is subject to sei- zurc 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. 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 obtaining a certificate from the port of original importation.
SECT. 78. The certificate accompaning such merchandise 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 fo- relgn port, the same proceedings to be had as if such merchan- dise had been originally imported into the district from whence they are to be exported.
SECT. 79. Merchandise 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 merchandise to be inspected and marked previous to the land- ing on board any packet with intention of transportation as afore- said, and obtaining the certificate as in other cases ; and if mer- chandise 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 defaced, or unpacked, the merchan- dise in respect to which such omission or wrong doing shall hap- pen, or the value thereof, shall be forfeited.
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