ken before a magistrate, or the collector, &c. certified, and transmit will, diligently and faithfully, execute the duties of the said office of and will use the best of my endeavors to prevent and delect fraud in relation to the duties imposed by the laws of the United States; I further (swear, or affirm) that I will support the constitution of the United States. (Sworn, or affirmed) and subscribed, Oath to be ta- this -day day of - before me. And the oath or affirmation aforesaid, if taken by a collector, may be taken before any ma. gistrate authorized to administer oaths within the district to which he belongs; but if taken by another officer, shall be taken before the collector of his district; and, being certified under the ted to the hand and seal of the person by whom the same shall have been comptroller of the treasury, administered, shall, within three months thereafter, be transmitted to the comptroller of the treasury in default of taking of which oath, or transmitting a certificate thereof, the party failing 200 dolls. for shall forfeit and pay two hundred dollars, to be recovered, with cost of suit, in any court of competent jurisdiction, to the use of the United States. &c. feit for default. Duties of the officers of the Collectors. § 21. That the several officers of the customs shall, respeccustoms, &c. tively, perform the duties following, to wit: At such of the ports to which there shall be appointed a collector, naval officer, and surveyor, the collector shall receive all reports, manifests, and documents, to be made or exhibited on the entry of any ship or vessel, according to the regulations of this act; shall record, in books to be kept for that purpose, all manifests; shall receive the entries of all ships or vessels, and of the goods, wares, and merchandise, imported in them; shall, together with the naval officer, where there is one, or alone, where there is none, estimate the amount of the duties payable thereupon, endorsing the said amount upon the respective entries; shall receive all moneys paid for duties, and shall take bonds for securing the payment thereof; shall grant all permits for the unlading and delivery of goods; shall; with the approbation of the principal officer of the treasury department, employ proper persons as weighers, gaugers, measurers and inspectors, at the several ports within his district; and, also, with the like approbation, provide, at the public expense, storehouses for the safe keeping of goods, and such scales, weights and measures, as may be Naval officers. necessary; the naval officer shall receive copies of all manifests and entries, and shall, together with the collector, estimate the duties on all goods, wares, and merchandise, subject to duty, (and no duties shall be received without such estimate,) and without esti- shall keep a separate record thereof, and shall countersign all permits, clearances, certificates, debentures, and other documents, to be granted by the collector; he shall also examine the collector's abstracts of duties and other accounts of receipts, bonds, and expenditures, and, if found right, he shall certify the - same. The surveyor shall superintend and direct all inspectors, weighers, measurers, and gaugers, within his port, and shall, once every week, report to the collector the name or names of such inspectors, weighers, gaugers, or measurers, as may be absent from, or neglect to do, their duty, shall visit or inspect the ships or vessels which arrive therein, and shall make a return in writing every morning to the collector, if any, at the port No duties mate. Surveyors. where he resides, of all vessels which shall have arrived from foreign ports or places the preceding day, specifying the names and denominations of the vessels, the masters' naines, from whence arrived, whether laden or in ballast, whether belonging to the United States, or to what other nation belonging, and, if American vessels, whether the masters thereof have, or have not, complied with the law, in having the required number of manifests of the cargo on board, agreeing in substance with the provisions made necessary by this act, and shall have power, and is hereby required, to put on board each of such vessel, one or more inspectors, immediately after their arrival in his port; the surveyor shall also ascertain the proof, quantities, and kinds, of distilled spirits imported, rating such spirits according to their respective degrees of proof, as defined by the laws imposing duties on spirits he shall likewise examine and ascertain the quality, kind, and quantity, of all wines imported; also the quantity and kind of all teas and sugars imported; and shall grant certificates for the said spirits, wines, and teas, and make returns thereof, in manner hereafter provided. He shall also examine whether the goods imported in any ship or vessel, and the deliveries thereof, agreeably to the inspector's returns thereof, correspond with the permits for landing the same; and if any error or disagreement appear, he shall report the same to the collector, and to the naval officer, if any there be. The surveyor shall also superintend the lading, for exportation, of all goods entered for the benefit of any drawback, bounty, or allowance, and shall examine and report whether the kind, quantity, and quality, of the goods so laden on board any vessels for exportation, correspond with the entries and permits granted therefor: he shall also, from time to time, and particularly on the first Mondays in January and July, in each year, examine and try the weights, measures, and other instruments, used in ascertaining the duties on imports, with standards to be provided by each collector, at the public expense, for that purpose; and where disagreements or errors are discovered, he shall report the same to the collector, and obey and execute such directions as he may receive for correcting thereof, agreeably to the standards aforesaid; and the said surveyor shall, in all cases, be The surveyor subject to the direction of the collector. And at ports to which subject to the direction of of collectors, surveyors, &c. a collector and surveyor only are assigned, the said collector the collector. shall, solely, execute all the duties in which the co-operation of Further duties the naval officer is requisite, at the ports where a naval officer is appointed; which he shall also do in case of the disability or death of the naval officer, until a successor is appointed, unless there is a deputy, duly authorized under the hand and seal of the naval officer, who, in that case, shall continue to act until an appointment shall take place. And at the ports to which a collector only is assigned, such collector shall solely execute all the duties in which the co-operation of the naval officer is requisite as aforesaid, and shall also, as far as may be, perform all the duties prescribed to the surveyors at the ports where such officers are established. And at the ports to which surveyors only are assigned, every such surveyor shall perform all the du where there is person, &c. Collectors, &c. to attend in &c. ties herein before enjoined upon surveyors; and shall also receive and record the copies of all manifests which shall be transmitted to him by the collector; shall record all permits granted by such collector, distinguishing the gauge, weight, measure, and quality, of the goods specified therein, and shall take care that no goods be unladen or delivered from any ship or vessel, The collector, without a proper permit for that purpose. And at such ports of no surveyor, delivery only to which no surveyor is assigned, it shall be lawful may occasion for the collector of the district, occasionally, and from time to ally employ a time, to employ a proper person or persons to do the duties of a surveyor, who shall be entitled to the like compensation with inspectors during the time they shall be employed. And, the said collectors, naval officers, and surveyors, shall, respectively, attend in person at the ports to which they are respectively asperson, keep signed; and shall keep fair and true accounts and records of all fair accounts, their transactions, as officers of the customs, in such manner and form as may, from time to time, be directed by the proper department, or officer having the superintendence of the collection of the revenue of the United States; and shall, at all times, submit their books, papers, and accounts, to the inspection of such persons as may be appointed for that purpose; and the said colThe collectors lector shall, at all times, pay to the order of the officer, who shall to pay moneys be authorized to direct the payment thereof, the whole of the order, as may moneys which they may, respectively, receive by virtue of this act, (such moneys as they are otherwise by this act directed to pay, only excepted,) and shall, once in every three months, or oftener if they shall be required, transmit their accounts for settlement, to the officer or officers whose duty it shall be to make such settlement; and if any collector, naval officer, or surveyor, shall omit to keep fair and true accounts as aforesaid, or shall refuse to submit, forthwith, their books, papers, and accounts, to inspection as aforesaid; or if any collector shall omit or refuse to render his accounts for settlement, for a term exceeding three der accounts months after the same shall have been required by the proper for settlement, officer, in each and every such case the delinquent officer shall forfeit and pay, for the use of the United States, one thousand dollars, to be recovered with costs of suit. received, to be directed, &c. Accounts to be transmitted quarterly, or oftener, &c. for settlement. 1,000 dolls. forfeit for omitting to keep fair accounts, to ren &c. Collectors, &c. in case of ne: cessary absence, &c. may exercise their functions by deputy, &c. In case of dis 22. That every collector, naval officer, and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may, respectively, exercise and perform their several functions, powers, and duties, by deputy, duly constituted under their hands and seals, respectively, for whom, in the execution of their trust, they shall, respectively, be answerable: that in case of the disability or death of a collector, the duties and authorities vested in him shall devolve on his deputy, if any there be at the time of such disability or death, for whose conduct the estate of such disabled or deceased collector shall be liable; and in defect of a deputy, the said authorities and duties shall devolve upon the naval officer of the same district, if any there be; and if there be no naval officer, upon the surveyor of If no naval of the port appointed for the residence of such disabled or deceasficer, upon ed collector, if any there be, and if none, upon the surveyor of the port nearest thereto and within the said district. And in ability or surveyor, &c. death of a sur every case of the disability or death of a surveyor, it shall be In case of the lawful for the collector of the district to nominate some fit per- veyor, the colson to perform his duties and exercise his authorities; and the lector may apauthorities of the persons who may be empowered to act in the point a person stead of those who may be disabled or dead, shall continue until to act in his stead, until, successors shall be duly appointed, and ready to enter upon the &c. execution of their respective offices. wares, &c. to whole or in part, to a citi whom con gers, &c. 23. That no goods, wares, or merchandise, shall be brought No goods, into the United States, from any foreign port or place, in any be admitted to ship or vessel belonging, in the whole or in part, to a citizen or entry, in any citizens, inhabitant or inhabitants, of the United States, unless ship or vessel the master, or person having the charge or command of such belonging, in ship or vessel, shall have on board a manifest or manifests, in writing, signed by such master or other person, containing the zen, &c. with name or names of the port or ports, place or places, where the out a manifest, goods, in such manifest or manifests mentioned, shall have been the goods were stating where respectively taken on board, and the port or ports, place or taken on places, within the United States, for which the same are respec- board, to tively consigned or destined, particularly noting the goods, signed, and a wares, and merchandise, destined for each port or place, respec- particular detively, and the name, description, and built, of such ship or ves- scription of the sel; and the true admeasurement or tonnage thereof, the port or cargo, passen. place to which such vessel belongs, with the name or names of each owner, according to the register of the same, together with the name of the master, or other person having the charge or command of such ship or vessel, and a just and particular account of all the goods, wares, and merchandise, so laden or taken on board, whether in packages or stowed loose, of any kind or nature whatsoever, together with the marks and numbers, as marked on each package, and the number or quantity and description of the packages, in words at length, whether leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, chest, box, bandbox, bundle, parcel, cask, or package, of any kind or sort, describing the same by its usual name or denomination; together with the name or names of the person or persons to whom the same are, respectively, consigned, agreeably to the bills of loading signed for the same, unless when the said goods are consigned to order, when it shall be so expressed in the said manifest or manifests; together with the name or names of the several passengers on board the said ship or vessel, distinguishing whether cabin or steerage passengers, or both, with their baggage, specifying the number and description of Baggage of packages belonging to each, respectively, together with an ac- passengers, count of the remaining sea stores, if any. And the form of a &c. manifest for goods and merchandise, imported in a vessel of the Remaining sea stores, &c. United States, shall be as follows, to wit: Report and manifest Form of maniof the cargo laden on board of the [here insert the denomination fest for goods and name of the vessel] whereof [insert the master's name] is dise imported master, which cargo was taken on board at [here insert the port in a vessel of or ports, place or places, at which the cargo was laden] burden the U. States. tons, bulit at in the state of -, and owned by · merchants at, [inserting the tonnage, where built, by whom owned, and place or places of residence, as particularly detailed VOL. I. 75 and merchan in the certificate, of registry] as per register granted at [here insert the port or place] the [here insert the day of the month, and year, when granted] and bound for [here insert the name of the port or place where bound to] Merchandise to be deliver successive or der in the and teas, &c. In case of mer chandise im ported by citi Returned cargo. [If any articles of the outward cargo are brought back, they are to be detailed, specifying by whom shipped outward, and to whom consigned inward.] Return of passengers, and of packages belonging to them respectively. [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.] Vessel and cabin stores. [Here detail what are remaining.] And if merchandise shall be imported, destined to be delivered in different ed in different districts or ports, the quantities and packages, so districts, to be destined to be delivered, shall be inserted in successive order in inserted in the manifest as aforesaid; and all spirits, wines, and teas, constituting the whole or any part of the cargo of any vessel, shall manifest; also also be inserted in successive order, distinguishing the ports to spirits, wines, which the same may be destined, and the kinds, qualities, and quantities, thereof; and if merchandise shall be imported by Citizens or inhabitants of the United States, in vessels other than the United States, the manifests shall be of the form, and shall contain the particulars, aforesaid, except that said vessels shall be described in manner following, viz: Report and manifest of the cargo laden on board the [here insert the denomination and name of the vessel, and the port to which she belongs] whereof the manifest. [here insert the master's name, and whether or not master during the voyage] burthen [here insert the nation where built] bound [here insert the port or ports of destination] which cargo was taken on board at [bere insert the port or ports where laden.] zens, &c. in foreign vessels, &c. Foreign vessels to be thus described in In case goods are brought § 24. That if any goods, wares, and merchandise, shall be imto the United ported or brought into the United States, in any ship or vessel States in vessels belonging whatever, belonging, in the whole or in part, to a citizen or citito citizens, &c. Zens, inhabitant or inhabitants of the United States, from any without a ma- foreign port or place, without having a manifest or manifests on nifest, or are board, agreeably to the directions in the foregoing section, or which shall not be included or described therein or shall not agree therewith; in every such case the master, or other person having the charge or command of such ship or vessel, shall forfeit and pay a sum of money equal to the value of such goods not mentioned &c. |