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clearance, &c.

except, &c. to

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, together with the clearance and other papers, granted by the ofbe produced ficers of the customs to such ship or vessel at her departure from the port or place from whence she may have arrived, (Mediterranean passports excepted) shall, previous to such entry, be produced 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 the regisier, vessel, the register, and other documents, shall be returned to the master or owner of such ship or vessel.

previous to entry, &c.

&c. to be re-
turned.

Method of as-
certaining the
tonnage of
ships or ves-
sels.
If doubled
decked.

§ 64. That to ascertain the tonnage of any ship or vessel, the surveyor, or such other person as shall be appointed by the collector of the district to measure the same, shall, if the said ship or vessel be double decked, take the length thereof, from the fore part of the main stem to the after part of the stern post, above 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 depth, and shall divide this last product by ninety-five, the quotient whereof shall be deemed the true conIf single deck- tents or tonnage of such ship or vessel. And if such ship or

ed.

Bonds for du

due.

vessel be single decked, the said surveyor, or other person, shall take the length and breadth, as above directed in respect to a double decked ship or vessel, shall deduct from the said length three fifths of the breadth, and, taking the depth from the under side of the deck plank to the ceiling in the hold, shall multiply and divide as aforesaid, and the quotient shall be deemed the tonnage of such ship or vessel.

§ 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, forthwith, and without delay, cause a prosecution to be diately after they become commenced for the recovery of the money thereon, by action or suit at law, in the proper court having cognizance 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 debts due from the deceased, the debt or debts to have a pre- due to the United States, on any such bond or bonds, shall be Executors, &c. first satisfied; and any executor, administrator, or assignees, or answerable, &c. if they pay, &c.

ference, &c.

other person, who shall pay 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 from 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 them for the recovery of the said debt or debts, or so much thereof as may remain due and unpaid, in the proper court havties or pecuni- 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 United States, the person or persons against whom process may

In suits for du

special bail,

&c.

Definition of

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 States for duties on ty, &c. paying goods, wares, or merchandise, imported, or other penalty, 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 surety on the said bond or bonds, or the executors, administrators, or assignees, of such surety, shall pay to the United States the money due upon such bond or bonds, such surety, 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 to the United States; and shall and may bring and maintain a suit or suits, upon the said bond or bonds, in law or equity, in his, her, or their, own name, or names, for the recovery of all moneys paid thereon. And the cases of insolvency mentioned in this section, shall be deemed to extend, as well to cases in the cases of which a debtor, not having sufficient property to pay all his or insolvency her debts, shall have made a voluntary assignment thereof, for mentioned. the benefit of his or her creditors, or in which the estate and effects of an absconding, concealed, or absent debtor, shall have been attached by process of law, as to cases in which an act of legal bankruptcy shall have been committed. 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 the duty of the court, where &c. unless, &c. the same may be pending, to grant judgment at the return term, upon motion, unless the defendant shall, in open court, the United States' attorney 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 committed, and that the same have been notified, in writing, 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, until the next succeeding term, is neces- may be grantsary for the attainment of justice, and not otherwise, a continu- think proper, ance may be granted until next succeeding term, and no longer. under the cir And 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.

return term,

ed, if the court

mentioned.

§ 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 according to acbe invoiced according to the actual cost thereof at the place of tual cost, &c. exportation, 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, to be recovered of the person making entry, shall be forfeited; and in every case in which the said collector shall In case the col suspect that any such goods, wares, or merchandise, are not goods, &c.

lector suspects

have not been

fairly invoi

ced, he may

take them into possession,

and have their

value ascertained, &c.

Proviso; appraisement not

to exclude

other proof on the trial, &c.

Officers of the

customs, sus pecting fraud, may open

packages, &c. If packages be found to

agree, &c. the expense to be paid by the collector, &c.

invoiced at a sum equal to that for which they have usually been sold in the place or country from whence they were imported, it shall be the duty of such collector to take the said goods, wares, or merchandise, into his possession, and retain the same, with due and reasonable care, at the risk and expense of the owner or owners, consignee or consignees, thereof, until their value, at the time and place of importation, shall be ascertained, 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 valuation, shall be first paid, or secured to be paid, as required by this act in other cases of importation: Provided, That in case of a prosecution for the forfeiture aforesaid, such appraisement shall not be construed to exclude other proof, upon the trial, of the actual and real cost of the said goods at the place of export

ation

$67. That it shall be lawful for the collector, naval officer, or other officer of the customs, after entry made of any goods, wares, or merchandise, on suspicion of fraud, to open and examine, in the presence of two or more reputable merchants, any package or packages thereof; and if, upon examination, they shall be found to agree with the entries, the officer making such seizure and examination, shall cause the same to be repacked and delivered to the owner or claimant forthwith; and the expense of such examination shall be paid by the said collector, or other officer, and allowed in the settlement of their accounts; but if any of the packages so examined shall be found to differ in their contents from the entry, then the goods, wares, or merchandise, conProviso; the tained in such package or packages, shall be forfeited: Provided, That the said forfeiture shall not be incurred, if it shall be made appear, to the satisfaction of the collector and naval officer of the district where the same shall happen, if there be a naval officer, and if there be no naval officer, to the satisfaction of the said collector, or of the court in which a prosecution for the forfeiture shall be had, that such difference proceeded from accident or mistake, and not from an intention to defraud the reve

Packages differing, the goods are forfeited.

forfeiture not incurred if the difference pro

ceeds from accident, &c.

Collectors, &c.

authorized to dwelling hous

enter ships,

es, &c. to

search for sus pected goods.

nue.

§ 68. That every collector, naval officer, and surveyor, or other person specially appointed, by either of them, for that purpose, shall have full power and authority to enter any ship or vessel, in which they shall have reason to suspect any goods, wares, or merchandise, subject to duty, are concealed, and therein to search for, seize, and secure, any such goods, wares, or merchandise; and if they shall have cause to 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 entitled to a warrant to enter such house, store, or other place, (in the day time only,) and there to search for such goods; and if any shall be found, to seize and secure the same 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

to have the

seized by virtue of this act, shall be put into, and remain in, the The collector custody of the collector, or such other person as he shall appoint custody of for that 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; and if it shall be adjudged that they are not forfeited, they shall be forthwith 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 a sum double &c. liable to the amount or value of the goods, wares, or merchandise, so seizure. concealed or purchased.

make seizures

§ 70. That it shall be the duty of the several officers of the Officers of the 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 United 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.

cers are mo

on the claim.

§ 71. That if any officer, or other person, executing, or aid. In case offiing 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 eral issue, give 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 defendant 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 act, if the property be claimed by any person, in every such case the onus probandi shall lie upon such Onus probandi claimant. And if any person shall forcibly resist, prevent, or im- ant. pede, any officer of the customs, or their deputies, or any person 400 dolls. fine assisting them, in the execution of their duty, such person, so of- for resisting officers, &c. fending, shall, for every such offence, be fined in a sum not ex- Vol. iii. p. ceeding four hundred dollars. And if any master, or other per- 1926. having the charge or command of any ship or vessel coming Master, &c. into, or arriving at, any port or place within the United States, &c. to forfeit obstructing, shall obstruct or hinder, or shall be the 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 the onus probandi shall lie on the claimant only where on claimant probable cause is shown for such prosecution, to be judged of by there is probathe court before whom the prosecution is had.

son

only where

ble cause, &c.

to make re

§ 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, make 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 made by the weighers, respectively, &c. 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.]

Form of the gauger’s re

turn.

District of

- port 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 number 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.

Form of the

turn.

[blocks in formation]

-port of

C D, gauger.

And the form of the return to be made by the measurers, remeasurer's respectively, shall be as follows:-Return of the [here insert salt, 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.]

Returns of

District of

~ port of '.

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

in books, &c.

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 conin a conspicu ons place, &c. spicuous place of his office, a fair table of the rates of fees and

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