tation of do case may be) and that they were truly exported and imported as therein expressed, and that no drawback, bounty, or allowance, has been paid or admitted thereon, or any part thereof. So help me God. A B. Sworn to. And if the collector, who may re- Certificate of ceive the entry aforesaid, shall be other than the collector of the exportation to district from which the said articles shall have been exported, if other, &c. the collector, a certificate of the latter shall be produced to the former, testifying the exportation thereof; the form of which shall be as follows: District of — -, port of This is to certify, that Form of certifithere were cleared out at this port, on the [insert the day of cate of expor clearance] in the [insert the denomination and name of the ves- mestic producsel] whereof [insert the name] was master, for [insert the port tions returned, or place for which cleared] the following articles of merchandise &c. [here enumerate the number of packages, their denominations, marks, and numbers, together with their contents] on which no drawback, allowance, or bounty, hath been paid or admitted. A B, collector. CD, naval officer. Whereupon a permit shall and may be granted for landing the same. Provided, That if the Proviso; as to said certificate cannot be immediately produced, and if the proof bond, &c. in otherwise required shall be made, a bond shall and may be given cannot be imin the following form, with one or more sureties, to the satisfac- mediately protion of the collector of the district within which the said articles duced, &c. are intended to be landed, in a sum equal to what the duties would be on the said articles, if they were not of the growth, product, or manufacture, of the United States: Know all men Form of the by these presents, that we [insert the name of the principal and bond,to be givsureties] are held and firmly bound unto the United States of en in case the America, in the sum of to be paid to the said United not be producStates, for which payment, well and truly to be made, we bind ed. ourselves, our heirs, executors, and administrators, jointly and severally, firmly, by these presents. Sealed with our seals, and dated this day of in the year of the independence of the United States, and in the year of our Lord one thousand seven hundred and ninety Whereas was mas case certificate certificate can has this day made entry at the customhouse of the port of of the following articles, viz: [here particularize the packages, marks, numbers, and contents] as per entry, by him subscribed: and hath likewise sworn, (or affirmed,) before the collector of the said port, that the said articles are of the growth, product, or manufacture, of the United States, and that they were exported from the district of —, in the whereof ter, on or about the and whereas the duties on the aforesaid articles, if of foreign growth or importation, would amount to the aforesaid sum of: The condition, therefore, of this obligation is such, that if the above bounden do, within six months from the date hereof, produce, or cause to be produced, to the collector of the district of a certificate, under the hand and seal of the collector (and naval officer, if any) of the aforesaid port of of the said articles having been actually exported from thence, as herein set forth, subject to no drawback, bounty, or allowance, then this obligation to be void, and of no effect, otherwise it shall be and remain in full force and virtue. Sealed and delivered in the presence of - And, upon receiving Permit for landing on re &c. ceiving a bond, a bond as aforesaid, it shall be lawful for the said collector, and naval officer, where any, to grant a permit for landing of the said articles, in like manner as if the said certificate had been produced; and, in default of such certificate being produced, within the time limited in such bond, the collector taking the same is required and enjoined to enforce the payment thereof, as in the case of other bonds taken for duties on goods, wares, and merchandise, imported into the United States. Payment of the bord to be enforced, in default, &c. Oaths to be administered by the collectors, reduced to writing, subscribed, &c. Collector, &c. to estimate du ties, &c. Estimate to be endorsed upon duties being paid, or secur- § 49. That all oaths or affirmations to be taken, upon making of any of the reports or entries, or respecting any of the acts herein mentioned, whether by the master, or other person having the charge or command of any ship or vessel, or the owner or consignee of any goods, wares, or merchandise, his or her factor, or agent, or by any other person, shall be administered by the collector, or officer to or with whom report or entry shall be made, and shall be reduced to writing, and subscribed by the person swearing or affirming, and also by the person administering the said oaths or affirmations. And the collector, jointly with the naval officer, or alone where there is none, shall, according to the best of his or their judgment or information, make a gross estimate of the amount of the duties on the goods, wares, or merchandise, to which the entry of any owner or conthe entry, &c. signee, his or her factor or agent, shall relate, which estimate shall be endorsed upon such entry, and signed by the officer or The amount of officers making the same. And the amount of the said estimated duties having been first paid, or secured to be paid, pursuant to the provisions of this act, the said collector shall, together with the naval officer, where there is one, or alone where there is none, grant a permit to land the goods, wares, and merchandise, whereof entry shall have been so made, and then, and not before, it shall be lawful to land the said goods; and all permits shall specify, as particularly as may be, the goods to be delivered, namely, the number and description of the packages, whether trunk, bale, chest, box, case, pipe, hogshead, barrel, keg, or any other packages whatever, with the mark and number of each package, and, as far as circumstances will admit, the contents thereof, together with the names of the vessel and master, in No goods to be which, and the place from whence, they were imported; and no delivered that goods, wares, or merchandise, shall be delivered by an inspector, or other officer of the customs, that shall not fully agree with the description thereof in such permit; and the form of all permits, for the purposes aforesaid, and for deliveries from the public stores, shall be as follows: Port of To the inspectors of the port (or) the keeper of the public store (as the case may require.) We certify, that [insert the name of the actual owner, or consignee] has paid, (or) secured to be paid, (as the case may be,) the duties on merchandise contained in the following packages, in conformity to the entry thereof of this date, which merchandise was imported in the [insert the denomination and name of the vessel, master's name, and the port from which arrived] permission is accordingly hereby given to land, (or) deliver, the same, viz: [here particularly insert the mark, number, and denomination, of each package, and, as far as may be, their Permits to specify the goods to be delivered, &c. do not agree with the per mit. Form of permit. contents, noting those articles that are to be either weighed, gauged, or measured.] A B, collector. CD, naval officer. § 50. That no goods, wares, or merchandise, brought in any No goods, &c. ship or vessel from any foreign port or place, shall be unladen to be delivered or delivered from such ship or vessel, within the United States, but in open but in open day, that is to say, between the rising and setting of day, &c. except by spethe sun, except by special license from the collector of the port, cial license, and naval officer of the same, where there is one, for that &c. purpose, nor at any time without a permit from the collector, and naval officer, if any, for such unlading or delivery; and if any No delivery of goods, wares, or merchandise, shall be unladen or delivered from goods at any any such ship or vessel, contrary to the direction aforesaid, or time without a any of them, the master, or person having the charge or com- 400 dolls. forpermit, &c. mand of such ship or vessel, and every other person who shall feit, and disaknowingly be concerned, or aiding, therein, or in removing, stor- bility, for uning, or otherwise securing, the said goods, wares, or merchan- lading or deli vering goods, dise, shall forfeit and pay, each and severally, the sum of four &c. contrary hundred dollars for each offence, and shall be disabled from to direction, holding any office of trust or profit under the United States, for The collectors a term not exceeding seven years; and it shall be the duty of to advertise the collector of the district, to advertise the names of all such the names of persons in a newspaper, printed in the state in which he resides, offenders, &c. within twenty days after each respective conviction; and all fully delivergoods, wares, or merchandise, so unladen or delivered, shall be- ed, forfeited, come forfeited, and may be seized by any of the officers of the &c. customs; and where the value thereof, according to the highest lue of goods, market price of the same, at the port or district where landed, unlawfully deshall amount to four hundred dollars, the vessel, tackle, apparel, livered, and furniture, shall be subject to like forfeiture and seizure. &c. Goods unlaw Where the va amount to 400 dolls. the ves Goods, &c. not weighed, &c. § 51. That no goods, wares, or merchandise, brought in any sel, &c. is subship or vessel, from any foreign port or place, requiring to be ject to forfeit weighed, gauged, or measured, in order to ascertain the duties ure. thereupon, shall, without the consent of the proper officer, be re- to be removed moved from any wharf, or place, upon which the same may be before they are landed, or put, before the same shall have been so weighed, gaug- wet con ed, or measured; and, if spirits, wines, teas, or sugars, before sent, &c. the proof, or quality, and quantity, thereof is ascertained and marked thereon, by or under the direction of the proper officer for that purpose; and if any such goods, wares, or merchandise, Goods, &c. reshall be removed from such wharf or place, unless with the con- moved without sent of the proper officer had and obtained, before the same fore weighing, shall have been so weighed, gauged, or measured: and, if spirits, &c. forfeited, wines, teas, or sugars, before the proof, or quality, and quantity, &c. shall have been so ascertained and marked, the same shall be forfeited, and may be seized by any officer of the customs or inspection. permission, be try, &c. dam § 52. That all goods, wares, or merchandise, of which entry Goods incomshall have been made, incomplete, or without the specification of plete in the en particulars, either for want of the original invoice or invoices, or aged, &c. to be for any other cause, or which shall have received damage during stored, &c. at the voyage, to be ascertained by the proper officers of the port or district in which the said goods, wares or merchandise, shall owner, &c. arrive, shall be conveyed to some warehouse or storehouse, to until, &c. VOL. I. 78 the expense and risk of the Appraisers to be appointed, as piescribed, for the valua tion of goods not accompavoice, or dam nied with in &c. Form of oath to appraise ment. be designated by the collector, in the parcels or packages containing the same, there to remain, with due and reasonable care, at the expense and risk of the owner or consignee, under the care of some proper officer, until the particulars, cost, or value, as the case may require, shall have been ascertained, either by the exhibition of the original invoice or invoices thereof, or by appraisement, at the option of the owner, importer, or consignee, in manner hereafter provided, and until the duties thereon shall have been paid, or secured to be paid, and a permit granted by the collector for the delivery thereof. And for the appraisement of goods, wares, and merchandise, not accompanied with the original invoice of their cost, or to ascertain the damage thereon received during the voyage, it shall be lawful for the collector, and, upon request of the party, he is required, to appoint one merchant, and the owner, importer, or consignee, to appoint anaged, &c. other, who shall appraise or value the said goods, wares, or merAppraisement chandise, accordingly; which appraisement shall be subscribed to be subscrib. by the parties making the same, and be verified, on oath or afed, verified, firmation, before the said collector; which oath or affirmation shall be in the form following, to wit: We, [insert the names of the persons] appointed by the collector of [here insert the name of the port or district] and [here insert the name or names of the importer or importers] to ascertain the contents, and appraise the value of the merchandise contained in the several packages described in the within, or annexed, entry or account, do solemnly, sincerely, and truly, swear (or affirm) that the several articles detailed in the annexed appraisement, subscribed with our names, contains a full and true account of all the merchandise whatsoever contained in the several packages mentioned in such entry or account, and that the several prices, by us affixed to each article, are, to the best of our skill and judgment, the true and actual value or cost thereof, at the place of exportation. So help us God. And in respect to articles that have been damaged during the voyage, as aforesaid, whether subject to a duty ad valorem, or which are chargeable with a specific duty, either by number, weight, or measure, the appraisers, as aforesaid, shall, in like manner, ascertain and certify, to what rate or per centage the said goods, wales, or merchandise, are damaged, and the rate or per centage of damage, so ascertained and certified, shall be deducted from the original amount subject to a duty ad valorem, or from the actual or original number, weight, or measure, on which speProviso; no cific duties would have been computed: Provided, That no alallowance for lowance for the damage on any goods, wares, and merchandise, damage on that have been entered, and on which the duties have been paid, goods entered, or secured to be paid, and for which a permit has been granted &c. unless proof, &c be to the owner or consignee thereof, and which may, on examining lodged within the same, prove to be damaged, shall be made, unless proof, to ten days, &c. ascertain such damage, shall be lodged in the customhouse of the port or place where such goods, wares, or merchandise, have been landed within ten days after the landing of such merchandise. And every person who shall be appointed to ascertain the pointed to as damage, during the voyage, of any goods, wares, or merchandise, shall take and subscribe an oath or affirmation, in the following The apprais eiland certi the rate of ers to ascer fy damage sustained by goods, &c. Rate of da-. mage to be de ducted from the original amount, &c. Persons ap certain da mage, to take an oath, &c. form, to wit: We, [insert the names of the persons] appointed by Form of the the collector of the district of [insert the name of the district] and oath in case of ascertaining insert the name or names of the owner or owners, consignee or damage, &c. Consignees] to ascertain and appraise the damage sustained on merchandise imported by [insert the name or names of the importer or importers] in the [insert denomination and name of the vessel] whereof [insert the name] is master, from [insert the port or place from which imported] do solemnly, sincerely, and truly, swear, (or affirm,) that we have carefully examined the several packages hereafter enumerated and described, and find the several articles of merchandise, as particularly detailed, contained in the said packages, to have received damage, as we believe, during the voyage of importation, and that the allowance by us made for such damage, is, to the best of our skill and judgment, just. So help us God. another. § 53. That it shall be lawful for the collector of any district Collectors and at which any ship or vessel may arrive, and immediately on her surveyors may first coming within such district, and for the surveyor of any on board ves put inspectors port where such ship be, to put and keep on board such ship or sels arriving, vessel, whilst remaining within such district, or in going from &. one district to another, one or more inspectors, to examine the cargo, or contents, of such ship or vessel, and to superintend the delivery thereof, or of so much thereof as shall be delivered within the United States, and to perform such other duties, according to law, as they shall be directed, by the said collector or surveyor, to perform, for the better securing the collection of the duties: Provided, That collectors only shall have power to Proviso; colput on board ships or vessels, inspectors to go from one district lectors only to another: And the said inspector or inspectors shall make put inspectors empowered to known, to the person having the charge or command of such on board from ship or vessel, the duties he or they, is or are, so to perform; one district to and shall suffer no goods, wares, or merchandise, of any nature Duties of inor kind whatsoever, to be landed or unladen, or otherwise taken spectors put or removed from such ship or vessel, without a permit, in writ- on board ves sels arriving, ing, from the collector of the port, and naval officer thereof, &c. where any, first had and granted for that purpose: and the inspector aforesaid shall enter, in a book, to be by him, or each of them, kept according to such a form as shall be prescribed or approved by the collector, the name or names of the person or persons in whose behalf such permits are granted, together with the particulars therein specified, and the marks, numbers, kinds, and description, of the respective packages, which shall be unladen pursuant thereto, and shall keep a like account in the said book of all goods, wares, and merchandise, which, not having been entered within the time limited by this act, or for some other cause, have been sent to the store or warehouse, provided for the reception of such goods, wares, or merchandise: which book shall be delivered to the surveyor in the month of January, in every year, for his inspection, and, immediately after such inspection, be transmitted by the surveyor, with such observations as he may think necessary thereon, to the collector, to be deposited in his office. And it shall be the duty of the said inspector or inspectors, to attend to the delivery of the cargo or cargoes |