Page images
PDF
EPUB

ed.

grant any permit, or to unlade any goods, wares, or merchandise,

whatever, from such ship or vessel, until the said tonnage duty is Register, first paid : And the register, or other document in lieu thereof, clearance, &c.

together with the clearance and other papers, granted by the of. except, &c. to be produced ficers of the customs lo such ship or vessel at her departure from previous to the port or place from whence she may have arrived, (Mediterraentry, &c.

nean passports excepted) shall, previous to such entry, be pro

duced to the collector, with whom such entry is to be made, and On clearance, shall remain in his office; and on the clearance of such ship or

vessel, the register, and other documents, shall be returned to &c. to be returned. the master or owner of such ship or vessel. Method of as- § 64. That to ascertain the tonnage of any ship or vessel, the certaining the surveyor, or such other person as shall be appointed by the col. tonnage of ships or ves

lector of the district to measure the same, shall, if the said ship sels,

or vessel be double decked, take the length thereof, from the fore If doubled

part of the main stem to the after part of the stern posi, above decked.

the upper deck, the breadth thereof, at the broadest part above the main wales, half of which breadth shall be accounted the depth of such vessel, and shall then deduct from the length three fifths of the breadth, multiply the remainder by the breadth, and the product by the depih, and shall divide this last product by

ninety-five, the quotient whereof shall be deerned the true con. If single deck• tenis or tonnage of such ship or vessel. And if such ship or

vessel be single decked, the said surveyor, or other person, shall take the length and breadih, as above directed in respect to a double decked ship or vessel, shall deduct from the said lengih Ihree fifths of the breadıb, and, taking the depth from the under side of the deck plank to the ceiling in the hold, sball multiply and divide as aforesaid, and the quotient shall be deemed ihe

tonnage of such ship or vessel. Bonds for du. § 65. That where any bond for the payment of duties shall ties to be put not be satisfied on the day it may become due, the collector in suit imme- shall, forth with, and without delay, cause a prosecution to be they become commenced for the recovery of the money thereon, by action or due.

suit al law, in the proper court having coguizance thereof; and In case of in. in all cases of insolvency, or where any estate in the hands of solvency, &c. the executors, administrators, or assignees, shall be insufficient the U. States to pay all the debis due from the deceased, the debt or debts to have a pre- due io the United States, on any such bond or bonds, shall be Executors, &c. first satisfied; and any executor, administrator, or assignees, or answerable, other person, who shall pay any debt due by the person or estale &c. if they from whom, or for which, they are acting, previous to the debt

or debis due to the United States froin such person or estate being first duly satisfied and paid, shall become answerable, in their own person and estate, for the debt or debts so due to the United States, or so much thereof as may remain due and unpaid : and actions or suits at law may be commenced against

ihem for the recovery of the said debt or debls, or so much In suits for du- thereof as may remain due and unpaid, in the proper court hav. ties or pecunia ing cognizance thereof: Provided,' That in all cases in which ary penalties, suits or prosecutions shall be commenced for the recovery of defendants

duties, or pecuniary penalties, prescribed by the laws of the may be held to special bail,

United States, the person or persons against whom process may &c.

pay, &c.

be issued, shall and may be held to special bail, subject to the rules and regulations which prevail in civil suits in which special bail is required : And provided, also, That if the principal in any Proviso; surebond which shall be given to the United Siales for duties on ty, &c. paying goods, wares, or merchandise, imported, or other penally, either amount of by himself, his factor, agent, or other person for him, shall be bond, to have

advantage of insolvent, or if such principal being deceased, his or her estate priority, &c. and effects, which shall come to the hands of his or her executors, administrators, or assignees, shall be insufficient for the payment of his or her debts, and if, in either of the said cases, any surely on ihe said bond or bonds, or the executors, adminis. tralors, or assignees, of such surely, shall pay to the United States the money due upon such bond or bonds, such surely, bis or her executors, administrators, or assignees, shall have and enjoy the like advantage, priority, or preference, for the recovery and receipt of the said moneys, out of the estate and effects of such insolvent, or deceased principal, as are reserved and secured 10 the United States; and shall and may bring and maintain a suit or suiis, upon the said bond or bonds, in law or equiry, in his, her, or their, own name, or names, for the recovery of all moneys paid thereon. And the cases of insolvency mentioned

Definition of iv this section, shall be deemed 10 extend, as well 10 cases in the cases of which a debtor, not having sufficient properly to pay all bis or insolvency her debts, sha! have made a voluntary assignment thereof, for mentioned. the benefit of his or her creditors, or in which the estale and effects of an absconding, concealed, or absent debtor, shall have been allached by process of law, as 10 cases in which an act of legal bankruptcy shall have been comniilled. And where suit Judgment on shall be instituted on any bond, for the recovery of duties due bonds, &c. at to the United States, it shall be ibe duly of the couri, where &c. unless, &c. the same may be pending, to grant judgment at the relurn term, upon motion, unless the defendant shall, in open couri, the Unil. ed States' attorney being present, make oath or affirmation that an error has been commilied in the liquidation of ihe duties de. manded upon such bond, specifying the errors alleged to have been commilied, and that the same have been notified, in wriling, to the collector of the district, prior to the commencement of the return term aforesaid ; whereupon, if the court be satisfi. A continuance ed that a continuance, uniil ihe next succeeding term, is neces. may be grant. sary for the allainwent of justice, and not otherwise, a continue think proper, ance may be granted until next succeeding term, and no longer. under the cirAnd on all bonds upon which suits shall be commenced, an in. cumstances terest shall be allowed, at the rate of six per cent. per annum, Interest upon from the time when said bonds become due until the payment bonds put in thereof."

suit, &c. § 66. That if any goods, wares, or merchandise, of which en- Goods, &c. not try shall have been made in the office of a collector, shall not invoiced acbe invoiced according to the actual cost thereof at the place of cording to acexportation, with design to evade the duties thereupon, or any or value, forpart thereof, all such goods, wares, or merchandise, or the value feited, &c. Thereof, 10 be recovered of the person making entry, shall be

In case the col. forfeited; and in every case in which the said collector shall

lector suspects suspect that any such goods, wares, or merchandise, are not goods, &c.

have not been

Owner

fairly invoi invoiced at a sum equal to that for which they have usually been ced, he may take them into

sold in the place or country from whence they were imported, possession, it shall be ibe duty of such collector to take the said goods, and have their wares, or merchandise, into his possession, and retain the same, value ascer

with due and reasonable care, at the risk and expense of the tained, &c.

or owners, consignee or consignees, thereof, until their value, at the time and place of importation, shall be ascertain. ed, by two reputable merchants, to be chosen and appointed as in the case of damaged goods, or goods not accompanied with an invoice, and until the duties arising, according to such valua.

tion, shall be first paid, or secured to be paid, as required by Proviso ; ap

this act in other cases of importation : Provided, That in case of praisement not a prosecution for the forfeiture aforesaid, such appraisement shall to exclude

noi be construed to exclude other proof, upon the trial, of the other proof on the trial, &c.

actual and real cost of the said goods at the place of export

alion Officers of the $ 67. That it shall be lawful for the collector, naval officer, or customs, sus, other officer of the customs, after eniry made of any goods, wares, pecting fraud, may open

or merchandise, on suspicion of fraud, 10 open and examine, in packages, &c. the presente of two or more reputable merchants, any package If packages be

or packages thereof; and if, upon examination, they shall be found to agree, &c. the sound to agree with the entries, ihe officer making such seizure ex pense to be and examination, shall cause the same to be repacked and delipaid by the

vered to the owner or claimant forth with ; and the expense of collector, &c.

such examination shall be paid by the said collector, or other ofPackages dif- ficer, and allowed in the settlement of their accounts; but if any fering, the

of the packages so examined shall be found to differ in their congoods are for feited.

tents from the entry, then the goods, wares, or merchandise, conProviso; the tained in such package or packages, shall be forfeited : Provided, forfeiture not

That the said forfeiture shall not be incurred, if it shall be made incurred if the difference pro

appear, to the satisfaction of the collector and naval officer of ceeds from ac- the district where the same shall happen, if there be a naval offi. cident, &c.

cer, and if there be no naval officer, to the satisfaction of the said collector, or of the court in which a prosecution for the for. feiture shall be had, that such difference proceeded from acci

dent or mistake, and not from an intention to defraud the reveCollectors, &c. $ 68. That every collector, naval officer, and surveyor, or authorized to other person specially appointed, by either of them, for that purdwelling hous- pose, shall have full power and authority to enter any ship or es, &c. to

vessel, in which they shall have reason 10 suspect any goods, search for sus- wares, or merchandise, subject 10 duty, are concealed, and pected goods. therein to search for, seize, and secure, any such goods, wares,

or merchandise ; and if they shall have cause 10 suspect a concealment thereof in any particular dwelling house, store, building, or other place, they or either of them shall, upon proper ap. plication, on oath, to any justice of the peace, be eniitled to a warrant to enter such liouse, store, or other place, (in the day tirne only,) and there to search for such goods ; and if any shall be found, 10 seize and secure the saine for trial; and all such goods, wares, and merchandise, on which the duties shall not have been paid, or secured to be paid, shall be forfeited.

$69. That all goods, wares, or merchandise, which shall be

nue.

[ocr errors][ocr errors]

seized by virtue of this acı, shall be put into, and remain in, the The collector
custody of the collector, or such other person as he shall appoint to have the
for thai purpose, until such proceedings shall be had as by this goods seized,
act are required, to ascertain whether the same have been for- &c.
feited or not; aud if it shall be adjudged that they are not for-
feited, they shall be forth with restored to the owner or owners,
claimant or claimants, thereof; and if any person or persons Forfeit of dou-
shall conceal, or buy, any goods, wares, or merchandise, know. ble value for
ing them to be liable to seizure by this act, such person or per buying goods,

concealing or sons shall, on conviction thereof, forfeit and pay à sum double &c. liable to the amount or value of the goods, wares, or merchandise, so seizure. concealed or purchased.

$ 70. That it shall be the duty of the several officers of the Officers of tho customs to make seizure of, and secure, any ship or vessel, goods, customs may wares, or merchandise, which shall be liable to seizure by virtue out of, as well of this, or any other, act of the Unised States, respecting the re- as within their venue which is now, or may hereafter be, enacted, as well with districts. out, as within, their respective districts.

§ 71. That if any officer, or other person, execu:ing, or aid. In case offic ing or assisting in the seizure of goods, shall be sued or molest. lested, &c. ed, for any thing done in virtue of the powers given by this act, they may or by virtue of a warrant granted by any judge, or justice, pur- plead the gen. suant to law, such officer or other person may plead the general this act, &c. issue, and give this act and the special matter in evidence; and Double costs if in such suit the plaintiff is nonsuited, or judgment pass against for defendant, him, the defendani shall recover double costs; and in actions, in case, &c. suits, or informations, to be brought, where any seizure shall be Vol. ii. p. 1047, made pursuant to this acı, if the properly be claimed by any person, in every such case the onus probandi shall lie upon such Onus probandi claimani. And if any person shall forcibly resist, prevent, or im- an the claim. pede, any officer of the customs, or their depulies, or any person 400 dolls. fine assisting them, in the execution of their duty, such person, so of. for resisting fending, shall, for every such offence, be fined in a sum not ex- Vol.ii. p. ceeding four hundred dollars. And if any master, or other per- 1926. son having the charge or command of any ship or vessel coming Master, &c. into, or arriving at, any part or place within ihe United States, &c. Tuo to feit sball obstruct or binder, or shall be lhe cause or means of any from 50 to 500 obstruction or hindrance with such an intent, to any officer -of dollars, the customs or revenue, in going on board such ship or vessel, for the purpose of carrying into effect any of the revenue laws of the United States, he shall forfeit, for every such offence, a sum not exceeding five hundred dollars, nor less than fifty dol. Onus probandi lars; but ihe onus probandi shall lie on ihe claimant only where on claimant proumble cause is shown for such prosecution, to be judged of by there is probathe court before whoin the prosecution is had.

ble cause, &c. § 72. That the weighers, gaugers, and measurers, employed in Weighers, the service of the revenue, shall, within three days after any ves- gaugers, &c. sel is discharged, niake returns of the articles by them respec- turns within tively weighed, gauged, or measured, out of such vessel : And three days, the form of the return to be inade by the weighers, respectively, shall be as follows: Return of [here insert the number of pack. Form of the ages and contents) weighed from on board the [here insert the weigher's reVOL. I.

80

turn.

denomination and name of the vessel] whereof (insert the name) is master, from [insert the port or place from which arrived.]

; port of

Form of the gauger's return.

District of

A B, weigher. And the form of the return to be made by the gaugers, respectively, shall be as follows:-Return of [here insert the num. ber of casks and packages] gauged from on board the [here insert the denomination and name of the vessel] whereof (insert the name] is master, from [insert the port or place from which arrived.]

fill up others.

> port of

CD, gauger.

District of Form of the

And the forni of obe return to be made by the measurers, remeasurer's re- spectively, shall be as follows :-Return of the [here insert salt, turn.

or coal, as the case may be] measured from on board the [here insert the denomination and name of the vessel) whereof (insert the name) is master, from [insert the port or place from which arrived.)

port of

District of

E F, measurer. Returns of And the said returns shall be made by the weighers, gaugers, weighers, &c. and measurers, in books, to be prepared by them for that purin books, &c.

pose, and kept in the custom houses. Table of fees,

$73. That every collector, naval officer, and surveyor, shall &c. to be kept cause to be affixed, and constantly kept, in some public and conone place, &c. spicuous place of his office, a fair table of the rates of fees and

« PreviousContinue »