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to come to and

tain exceptions.

66. The master or commander of every ship or vessel bound to a port of delivery only, 2 March 1799 3 19. in any of the following districts, to wit: Portland and Falmouth, except the ports of Vessels bound to North Yarmouth, Freeport and Harpswell; Bath, except the ports of Georgetown and ports of delivery, Brunswick; Newburyport; New London, except the port of Stonington; Middletown, report at ports of except the ports of Lyme, Saybrook, Killinsworth, Haddam and East Haddam; Norfolk entry, with cerand Portsmouth; Bermuda Hundred or City Point; Yorktown; Tappahannock, except the port of Urbanna; or Edenton; shall first come to at the port of entry of such district, with his ship or vessel, and there make report and entry in writing, and pay, or secure to be paid, all legal duties, port fees and charges, in manner provided by this act, before such ship or vessel shall proceed to her port of delivery; and any ship or vessel bound to a port of delivery in any district other than those above mentioned, or to either of the ports of delivery above mentioned, may first proceed to her port of delivery, and afterwards make report and entry within the time by this act limited.

Connecticut river

67. And the master of every vessel arriving from a foreign port, or having goods on Vessels bound to board, of which the duties have not been paid or secured, and bound to any port on Con- to take inspector necticut river, shall take an inspector on board at Saybrook, before proceeding to such at Saybrook. port; and if any master of a ship or vessel shall proceed to a port of delivery, contrary

to the directions aforesaid, he shall forfeit and pay five hundred dollars, to be recovered Penalty. with costs of suit.

bound to certain

fests.

68. That the master or commander of any ship or vessel, bound to any district in Where vessels Connecticut, through or by the way of Sandy Hook, shall, before he pass by the port of districts to deNew York, and immediately after his arrival, deposit with the collector for the district posit their mant of New York, a true manifest of the cargo on board such ship or vessel; if bound to the district of Hudson, shall, before he pass by the port of New York, and immediately after his arrival, deposit with the collector thereof a like manifest; if bound to the district of Burlington, shall, before he pass by the port of Philadelphia, and immediately after his arrival, deposit with the collector thereof a like manifest; if bound to the district of Nottingham, shall, before he pass by the port of Town Creek, and immediately after his arrival, deposit with the surveyor of the said port a like manifest; if bound to the district of Tappahannock, shall, before he pass by the port of Urbanna, and immediately after his arrival, deposit with the surveyor of that port a like manifest; if bound to the district of Bermuda Hundred and City Point, shall, on his arrival in Hampton Road, or at Sewell's Point, and immediately after such arrival, deposit with the collector of Norfolk and Portsmouth, or with the collector of the port of Hampton, a like manifest; and if bound to the district of South Quay, shall, before he pass by the port of Edenton, and immediately after his arrival, deposit with the collector of the port of Edenton, a like manifest.

be registered and

lect.

69. And the said collectors and surveyors respectively shall, after registering the Such manifests to manifest, transmit the same, duly certified to have been so deposited, to the officer with transmitted to whom the entries are to be made; and the said collectors and surveyors respectively, port of entry. may, whenever they judge it to be necessary for the security of the revenue, put an Inspector may be inspector of the customs on board any ship or vessel as aforesaid, to accompany the same put on board. until her arrival at the first port of entry or delivery, in the district to which such ship Penalty for negor vessel may be destined; and if the master or commander of any ship or vessel shall neglect or omit to deposit a manifest in manner aforesaid, or shall refuse to receive an inspector of the customs on board, as the case shall require, he shall forfeit and pay five hundred dollars, to be recovered with costs of suit, one-half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use of the collector of the district to which the said ship or vessel may be bound: Provided, That if the manifest shall, in either of the above cases, have been previously delivered to any officer of the customs, pursuant to the provisions hereinafter to be made in that behalf, the depositing of a manifest as aforesaid shall not be necessary.

9 Stat. 469.

be designated for

70. The secretary of the treasury, with the approbation of the president of the United 26 Sept. 1850 g 1. States, provided the latter shall be satisfied that similar privileges are extended to vessels of the United States in the colonies hereinafter mentioned, is hereby authorized, under Ports of entry to such regulations as he may prescribe, to protect the revenue from fraud, to permit vessels from vessels laden with the products of Canada, New Brunswick, Nova Scotia, Newfoundland British America and Prince Edward's Island, or either of them, to lade or unlade at any port or place within any collection district of the United States which he may designate; and if any such vessel entering a port or place so designated, to lade or unlade, shall neglect or refuse to comply with the regulations so prescribed by the secretary of the treasury, such vessel, and the owner or owners, and master thereof, shall be subject to the same penalties as if no authority under this act had been granted to lade or unlade in such port or place.

2 March 1799 3 23. 1 Stat. 644.

Masters of ves

sels from foreign ports to have manifests.

II. PROCEEDINGS RELATING TO THE ENTRY OF VESSELS.

71. No goods, wares or merchandise shall be brought into the United States, from any foreign port or place, in any ship or vessel, belonging in the whole or in part to a citizen or citizens, inhabitant or inhabitants of the United States, unless the master of person having the charge or command of such ship or vessel, shall have on board a manifest or manifests in writing, signed by such master or other person, containing the What such mani- name or names of the port or ports, place or places, where the goods in such manifest or fests to contain. manifests mentioned shall have been respectively taken on board; and the port or ports, place or places within the United States for which the same are respectively consigned or destined; particularly noting the goods, wares and merchandise destined for each port or place respectively; and the name, description and build of such ship or vessel, and the true admeasurement or tonnage thereof, the port or 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 lading, 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 packages belonging to each respectively; together with an account of the remaining sea stores, if any.

Form of manifest for American vessels.

72. And the form of a manifest for goods and merchandise imported in a vessel of the United States shall be as follows, to wit:-Report and manifest of the cargo laden on board of the (here insert the denomination and name of the vessel), whereof (insert the master's name) is master, which cargo was taken on board at (here insert the port or ports, place or places at which the cargo was laden), burthen tons, built 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 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).

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For goods des

tined for different districts.

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).

73. And if merchandise shall be imported, destined to be delivered in different districts or ports, the quantities and packages so destined to be delivered, shall be inserted in successive order in the manifest as aforesaid; and all spirits, wines and teas, consti

tuting the whole or any part of the cargo of any vessel, shall also be inserted in successive order, distinguishing the ports to which the same may be destined, and the kinds, qualities and quantities thereof.

2 March 1799.

ported by citıvessels.

74. And if merchandise shall be imported by citizens or inhabitants of the United Form of mant States, in vessels other than [of] the United States, the manifests shall be of the form, and fest for goods im shall contain the particulars aforesaid, except that said vessels shall be described in man-zens in foreign ner 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 (here insert the master's name, and whether or not master during the voyage) burthen (here insert the nation where built) bound to (here insert the port or ports of destination) which cargo was taken on board at (here insert the port or ports where laden).

fest, or an im

board.

75. If any goods, wares and merchandise shall be imported or brought into the United States, in any ship or vessel whatever, belonging in the whole or in part to a citizen or Ibid. ? 24. citizens, inhabitant or inhabitants, of the United States, from any foreign port or place, Forfeiture for without having a manifest or manifests on board, (a) agreeably to the directions in the having no maniforegoing section, or which shall not be included or described therein, or shall not agree perfect one, on 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 included in such manifest or manifests; and all such merchandise not included in the manifest, belonging or consigned to the master, mate, officers or crew of such ship or vessel, shall be forfeited.(b) Provided always, That if it shall be made appear to the satisfaction of the collector, naval officer and surveyor, or to the major part of them, In what cases no where those officers are established at any port; or to the satisfaction of the collector incurred. alone, where either of the other of the said officers are not established; or to the satisfaction of the court in which a trial shall be had concerning such forfeiture; that no part of the cargo of such ship or vessel had been unshipped, after it was taken on board, except such as shall have been particularly specified and accounted for, in the report of the master or other person having the charge or command of such ship or vessel; and that the manifests had been lost or mislaid, without fraud or collusion; or that the same was or were defaced by accident or incorrect by mistake; in every such case the forfeiture aforesaid shall not be incurred.

forfeiture to be

Ibid. 2 25. Manifest to be

livered.

76. Every master or other person, having the charge or command of any ship or vessel, belonging in the whole or in part to a citizen or citizens, inhabitant or inhabitants, of the United States, laden with goods as aforesaid, and bound to any port or place in the United States, shall, on his arrival within four leagues of the coast thereof, or within produced to boarding officer. any of the bays, harbors, ports, rivers, creeks or inlets thereof, upon demand, produce the manifest or manifests in writing, which such master or other person is required as aforesaid to have on board his said ship or vessel, to such officer or officers of the customs, as shall first come on board his said ship or vessel, for his or their inspection; and shall deliver to such officer or officers a true copy or copies thereof, (which copy or copies shall And copy deLe provided and subscribed by the said master or other person having the charge or command of such ship or vessel); and the officer or officers, to whom the original manifest Officer to certify or manifests shall have been so produced, shall respectively certify upon the back thereof, to production. that the same was or were produced, and the day and year on which the same was or were so produced, and that such copy or copies as aforesaid was or were to him or them delivered and by them examined with the original manifest; and shall likewise certify And delivery upon the back of such copy or copies the day and year on which the same was or were delivered, and shall forthwith transmit such copy or copies to the respective collectors of Copy to be transthe several districts, to which the goods by such manifest or manifests shall appear mit respectively to be consigned.

thereof.

mitted to collect

77. The said master, or other person, so having the charge or command of any such Manifest to be ship or vessel, shall in like manner produce to the officer or officers of the customs who produced and copy delivered to shall first come on board such ship or vessel, upon her arrival within the limits of any custom house officer, on arrival district of the United States, in which the cargo, or any part thereof, is intended to be within the limits discharged or landed, for his or their inspection, such manifest or manifests as aforesaid; of any district. and shall also deliver to him or them a true copy or copies thereof, (such copy or copies also to be provided and subscribed by the said master or other person having the charge or command of such ship or vessel); the production of which said manifest or manifests, and the delivery of which said copy or copies thereof, shall also be certified by the said

(a) An importation without a manifest is complete, when the goods are brought within the limits of a port of entry, with the intention of lauding them there, and no manifest of them has been made out. United States v. Ten Thousand Cigars, 2 Curt. C. C. 436.

(b) The penalty does not attach, unless the vessel be owned in whole or in part by citizens of the United States. United States

v. Twenty-six Diamond Rings, 8 Law Rep. 250. The master who takes goods on board without any bill of lading or invoice, with the intention to smuggle them or duly enter them as he may elect, must be deemed the consignee, though the goods were to go to the use of a third person. United States v. Ten Thousand Cigars, 2 Curt. C. C. 436.

2 March 1799. officer or officers of the customs, who shall so first come on board the said ship or vessel, Certificate there on her arrival within the limits of any such district, upon the back of the said original of to be indorsed. manifest or manifests, with the particular day and year when such manifest or manifests was or were produced to such officer or officers, and when he or they so received the said And copy sent to copy or copies thereof; and such officer or officers is and are hereby required forthwith to transmit, or cause to be transmitted, the said copy or copies of the said manifest or manifests to the collector of that district.

collector.

Original manifest

collector.

78. And the said master, or person having the charge or command of the said ship or to be delivered to vessel, shall afterwards produce and deliver the said original manifest or manifests so certified to the said collector; and when any manifest shall be produced, upon which there shall be no certificate from any officer of the customs as before mentioned, the Oath to be made master or commander producing the same shall be required to make oath or affirmation, If not certified to. that no officer has applied for, and that no indorsement has taken place on any manifest of the cargo of such vessel. Provided always, That nothing herein contained shall be construed to require of such master, or other person having the charge or command of such ship or vessel, the delivery of more than one copy of each manifest to the officer or two copies to be officers aforesaid, who shall first come on board of such ship or vessel, within four leagues of the coast of the United States aforesaid; and one other copy to such officer or officers as shall first come on board within the limits of any district, for which the cargo of such ship or vessel, or some part thereof, shall be consigned or destined, or shall be construed to require the delivery of any such copy to any other officer; but it shall be sufficient in respect to any such other officer, to produce and show to him the said original manifest or manifests, and the certificate or certificates thereupon.

No more than

delivered.

But original to be produced.

Form of certificate to be indorsed on manifest.

Form of indorsement on copy.

Ibid. 26.

Penalty for neglect to produce

manifest and deliver copies.

For false state ment of destina

tion.

79. And the form of the certificate aforesaid, to be indorsed on an original manifest, shall be as follows, to wit:

I (A. B.) certify that the within manifest was this day produced to me as the original manifest of the cargo on board the (insert the denomination and name of the vessel), whereof (insert the name) is master, from (insert the port last from). In witness whereof, 1 have hereunto signed my name, this day of

And the form of the certificate aforesaid, to be indorsed on the copy of a manifest, shall be as follows, to wit:

I (A. B.) certify that I have examined the within manifest, produced to me this day as a copy of the original manifest of the cargo on board the (insert the denomination and name of the vessel), whereof (insert the name) is master, from (insert the port last from), with the original, and find the same to agree. In witness whereof, I have hereunto signed my name, this

day of

80. If the master or other person having the charge or command of any ship or vessel, laden as aforesaid, and bound to any port or place of the United States, shall not, upon his arrival within four leagues of the coast thereof, or within the limits of any district thereof, where the cargo of such ship or vessel, or any part thereof; is intended to be discharged, produce such manifest or manifests as are heretofore required, in writing, t the proper officer or officers, upon demand thereof; and also deliver such copy or copies thereof, as aforesaid, according to the directions of this act, in each case; or shall not give an account of the true destination of such ship or vessel, which he is hereby required to do, upon request of such officer or officers; or shall give a false account of such destination in order to evade the production of the said manifest or manifests; the said master or other person having the charge or command of such ship or vessel shal forfeit, for every such neglect, refusal or offence, a sum not exceeding five hundred dollars; and if such officer or officers first coming on board in each case, within the officer to certify. distance or limits aforesaid, shall neglect or refuse to certify on the back of such manifest or manifests, the production thereof, and the delivery of such copy or copies respectively as are herein before directed to be delivered to such officer or officers; every such officer, so neglecting or refusing, shall forfeit and pay the sum of five hundred dollars. And the officer or officers who may apply to the master or person having charge or command of any such ship or vessel, respecting any of the provisions in this and the foregoing sections, and who shall not receive full satisfaction therein, are hereby required to make a return, in writing, of the name of the vessel and master so offending, in any or all of the particulars required, immediately, or as soon after as possible, to the collector of the district to which such ship or vessel shall be considered to be bound.

For neglect of

Officer not receiving satisfaction

to report to col

lector.

Ibid. 27.

Penalty for unlading without authority.

81. If, after the arrival of any ship or vessel, (a) so laden with goods as aforesaid, and bound to the United States, within the limits of any of the districts of the United States, or within four leagues of the coast thereof, (b) any part of the cargo of such ship or vessel shall be unladen, for any purpose whatever, from out of such ship or vessel as

(a) This comprehends foreign, as well as American vessels, has been taken out of a vessel. more than four leagues from the bound to the United States. The Betsy, 1 Mas. 354. coast. United States v. The Virgin, Pet. C. C. 7.

(b) This section does not extend to a case, where merchandise

unavoidable

aforesaid, before (a) such ship or vessel shall come to the proper place for the discharge 2 March 1799. of her cargo, or some part thereof, and shall be there duly authorized by the proper officer or officers of the customs to unlade the same, the master or other person having the charge or command of such ship or vessel, and the mate, or other person next in command, (b) shall respectively forfeit and pay the sum of one thousand dollars for each such offence; and the goods, wares and merchandise so unladen and unshipped shall be Except in case of forfeited and lost, (c) except in the case of some unavoidable accident, necessity or dis- accident or tress of weather; (d) of which unavoidable accident, necessity or distress, the master, necessity. or other person having the charge or command of such ship or vessel, shall give notice to, and, together with two or more of the officers or mariners (of which the mate or other person next in command shall be one) on board such ship or vessel, shall make proof, upon proof thereof to oath, before the collector or other chief officer of the customs of the district within the be made on oath limits of which such accident, necessity or distress shall happen, or before the collector or other chief officer of the first district of the United States, within the limits of which such ship or vessel shall afterwards arrive, if the said accident, necessity or distress shall have happened not within the limits of any district, but within four leagues of the coast of the United States; which oath the said collector, or other chief officer, is hereby authorized and required to administer.(e)

Ibid. 28

82. If any goods, wares and merchandise, so unladen from on board any such ship or vessel, shall be put or received into any other ship, vessel or boat, except in the case Penalty for reof such accident, necessity or distress as aforesaid, to be notified and proved as aforesaid, ceiving into another vessel gooda the said master, or other person having the charge or command of any such ship, vessel unlawfully unor boat, into which the said goods, wares or merchandise shall be so put and received, and every other person aiding and assisting therein, shall forfeit and pay treble the Oraiding therein. value of the said goods, wares or merchandise; and the ship, boat or vessel in which they shall be so put shall be forfeited and lost.(g)

laden.

Ibid. 29.

83. If any ship or vessel which shall have arrived within the limits of any district of the United States, from any foreign port or place, shall depart or attempt to depart (h) Penalty for sailfrom the same, unless to proceed on her way to some more interior district to which she ing before entry. may be bound, (i) before report or entry shall have been made by the master, or other person having the charge or command of such ship or vessel, with the collector of some district of the United States, the said master, or other person having such charge or command, shall forfeit and pay the sum of four hundred dollars; and it shall be lawful for any collector, naval officer, surveyor or commander of any of the cutters hereinafter mentioned, to arrest and bring back, or cause to be arrested and brought back, such ship or vessel to such port of the United States to which it may be most conveniently done: Provided, That if it shall be made to appear, by the oath of the said master or other person having the charge or command of such ship or vessel, and of the person next in command, or other sufficient proof, to the satisfaction of the collector of the district within which such ship or vessel shall afterwards come, or to the satisfaction of the court in which the prosecution for such penalty may be had, that the said departure or attempt to depart was occasioned by distress of weather, pursuit or duress of enemies, or other necessity, the said penalty shall not be incurred.

3 Stat. 362.

vessels to be pro

84. The register, or other document in lieu thereof, together with the clearance and 3 March 1817 ? 1. other papers, granted by the officers of the customs to any foreign ship or vessel, at her departure from the port or place from which she may have arrived, shall, previous to Papers of foreign entry in any port of the United States, be produced to the collector with whom such duced to the collector, before entry is to be made. And it shall be the duty of the master or commander, within entry. forty-eight hours after such entry, to deposit the said papers with the consul or vice And deposited consul of the nation to which the vessel belongs, and to deliver to the collector the cer- the nation to tificate of such consul or vice consul, that the said papers have been so deposited; and which they beany master or commander, as aforesaid, who shall fail to comply with this regulation, shall, upon conviction thereof in any court of competent jurisdiction, be fined in a sum lect.

(a) This section does not apply to an illegal unlading after the Tessel has arrived at a port of delivery. The Industry, 1 Gall. 114. Clark v. Protection Insurance Co., 1 Story, 120-1.

(b) This section only applies to the captain and mate of the vessel. United States v. Smith, 2 W. C. C. 310. And does not extend to those who assist in the unlawful unlading. United States v. Braut, Pet. C. C. 14.

(c) The forfeiture, under this section, does not extend to the Vessel. Un ted States v. The Hunter, Pet. C. C. 10.

(d) An imminent and immediate danger of capture, &c., constitutes such a case; but not, if the danger be remote, or not instant and pressing. The danger must act directly on the goods or vessel, and the circumstances must be such as render an immediate unlading indispensable to the safety of the goods, and not merely such as render it hazardous or impracticable to carry the goods to their port of destination. United States v. Hayward, 2 Gall. 486.

(e) No person can be permitted to set up the defence, that the goods were unladen by unavoidable accident, necessity or distress

with the consul

long.
Penalty for neg-

unless he has made the requisite proofs thereof before the col-
lector; or has been prevented by inevitable accident, &c., from
furnishing such proofs. United States v. Hayward, 2 Gall. 485.
(g) This section applies only to the vessel which shall have
received the goods so unladen. Clark v. Protection Insurance Co.,
1 Story, 121. And see The Harmony, 1 Gall. 126. United States
v. The Virgin, Pet. C. C. 7.

(h) It is the attempt to depart, and not an intention to violate the revenue laws, which will justify a seizure under this section. The Tigre, Hall's Journal of Jurisprudence, 108-9.

(1) The words "more interior district," mean a district more interior, within the common sense of the terms, that is further within the indentations or inlets of the contiguous and adjacent country. A vessel arriving in the district of Barnstable from Nova Scotia, and bound to New York, must make entry in Barnstable district; for New York is not, within the meaning of this section, "a more interior district," with reference to Barnstable. United States v. Bearse, 4 Mas. 192.

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