2 March 1799. Permit for land 245. And upon receiving 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 ing to be granted. manner as if the said certificate had been produced; and in default of such certificate When payment 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. of duties to be enforced. Ibid. 49. taken. on entry. 246. All oaths or affirmations to be taken, upon making of any of the reports or entries, How oaths to be 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 affirmEstimate of du- ing, and also by the person administering the said oaths or affirmations. And the col ties to be indorsed lector, 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 consignee, his or her factor or agent, shall relate, which estimate shall be indorsed upon such entry, When permits to and signed by the officer or officers making the same. And the amount of the said estibe granted. mated 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 which, and the place from whence they were imported; and no goods, wares or merchandise shall be delivered by any inspector or other officer of the customs, that shall not fully agree with the description thereof in such permit. Form of permit. Ibid. 250. All goods to be landed in open day. Or by special license. 247. And the form of all permits for the purposes aforesaid, and for deliveries from 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). 248. No goods, wares or merchandise, (a) brought in any ship or vessel from any foreign port or place, (b) shall be unladen or delivered from such ship or vessel, within the United States, (c) but in open day, that is to say, between the rising and setting of the sun, except by special licenses from the collector of the port, and naval officer of the same, where there is one, for that purpose; nor at any time without a permit from the collector, and naval officer, if any, for such unlading or delivery :(d) and if any goods, wares or merchandise Penalty for viola- shall be unladen or delivered from any such ship or vessel, (e) contrary to the direction aforesaid, or any of them, the master or person having the charge or command of such ship or vessel, and every other person who shall knowingly be concerned, or aiding therein, or in removing, storing or otherwise securing the said goods, wares or merchandise, (g) shall forfeit and pay, each and severally, the sum of four hundred dollars for tion. (a) This includes silver dollars. The Elizabeth and Jane, 2 Mas. 407. But not the tackle, apparel and furniture of a foreign vessel, wrecked upon our shore, and sold separate from the hull. The Gertrude, Daveis, 176. 8. C., 3 Story, 68. In a iibel, under this section, it is not necessary to allege the goods to be of foreign growth or manufacture. The Betsy, 1 Mas. 354. (b) A vessel engaged in the coasting trade, and having goods on board which have not paid duties, is not within the purview of this section. Jackson v. United States, 4 Mas. 186. (c) A merchant vessel, from which goods are unladen without a permit, after her arrival within the limits of the United States, but before she has reached her port of destination, is not liable to forfeiture under this section. United States v. The Hunter, Pet. C. C. 10. United States v. Brant, Ibid. 14. United States v. The Virgin, Ibid. 7. But see The Schooner Industry, 1 Gall. 114, contra. (d) Where a permit to unlade and deliver goods was obtained by a fraudulent collusion between the claimant and the deputy col lector, it was held that such permit was utterly void; and that the goods landed under it were forfeited. Bottomley e. United States, 1 Story, 135. See Caldwell v. United States, 8 How. 382-3. (e) The defendant was indicted for unlading from a vessel three bags of coffee, without authority from the proper officer of the customs. The coffee was taken at night in a boat from the vessel, and part put on the wharf, the rest being in the boat; but, on discovery, it was returned to the vessel. The court decided that this was not a landing within the meaning of this section. United States v. Smith, 2 W. C. C. 310. (g) Where a person had in his store, and sold, segars, which he seemed to admit were known to him to have been smuggled, it is competent for the jury, unless he offer rebutting evidence, to infer from such admissions, both that they had been landed without license from the collector, and that he knew it, and was keep ing or storing them with such knowledge. Walsh e. United States, 3 W. & M. 341. And see Locke v. United States, 7 Cr 339, each offence,(a) and shall be disabled from holding any office of trust or profit under the 2 March 1799. United States, for a term not exceeding seven years; and it shall be the duty of the collector of the district, to advertise the names of all such persons in a newspaper, printed in the state in which he resides, within twenty days after each respective conviction; and all goods, wares or merchandise, so unladen or delivered, shall become forfeited,(b) and may be seized by any of the officers of the customs: () and where the value thereof, according to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel and furniture shall be subject to like forfeiture and seizure.(d) Ibid. 251. removed until 249. No goods, wares or merchandise, brought in any ship or vessel, from any foreign port or place, requiring to be weighed, gauged or measured, in order to ascertain the No goods to be duties thereupon, shall, without the consent of the proper officer, be removed from any weighed, gauge 1 wharf or place, upon which the same may be landed or put, before the same shall have or measured. been so weighed, gauged or measured, and if spirits, wines, teas or sugars, before the proof or quality and quantity thereof is ascertained and marked thereon, by or under tion. the direction of the proper officer for that purpose; and if any such goods, wares or mer- Penalty for viola chandise shall be removed from such wharf or place, unless with the consent of the proper officer had and obtained, before the same shall have been so weighed, gauged or measured, and if spirits, wines, teas or sugars, before the proof or quality and quantity shall have been so ascertained and marked, the same shall be forfeited, and may be seized by any officer of the customs or inspection. Ibid. 53. on arrival of a tricts. tors. 250. It shall be lawful for the collector of any district at which any ship or vessel may arrive, and immediately on her first coming within such district, and for the surveyor of Inspectors may any port where such ship be, to put and keep on board such ship or vessel, whilst be put on board remaining within such district, or in going from one district to another, one or more vessel. 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 put on board ships or vessels inspectors Between disto go from one district to another; and the said inspector or inspectors shall make known to the person having the charge or command of such ship or vessel, the duties he or they is or are so to perform; and shall suffer no goods, wares or merchandise of any nature or kind whatsoever to be landed or unladen, or otherwise taken or removed from such ship or vessel, without a permit in writing from the collector of the port and naval officer Duties of inspec thereof, 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 To enter permits 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 descriptions 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 Book to be dedelivered to the surveyor in the month of January in every year for his inspection, and livered to surimmediately 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. 251. And it shall be the duty of the said inspector or inspectors to attend to the deli- Further duties livery of the cargo or cargoes under their care, at all times when the unlading or deli- of inspectors. very of goods, wares and merchandise is lawful, particularly from the rising till the setting of the sun on each day, Sundays and the fourth day of July in each year excepted; for which purpose they shall constantly attend and remain on board of the vessel or vessels, the delivery from which they are to superintend, or at any other stations where their inspection is necessary. And said inspector or inspectors shall not quit Not to absent such stations or places, without the leave of the surveyor of the port first had and out leave. obtained for that purpose; who shall appoint another inspector (if he shall judge it necessary) to supply the place of such inspector or inspectors, during his or their absence; (a) The remedy for the penalty incurred in such cases may be by information or debt. Walsh v. United States., 3 W. & M. 341. (b) In an information, under this section, it is necessary to allege that the goods were unladen in some port or place within a collection district, without a permit from the collector of that port or district. But it will be sufficient, if the fact be so, to allege the port or district to be to the attorney unknown. United States v. Burnham, 1 Mas. 57. And see Walsh v. United States, 3 W. & M. 341. (e) It is the duty of an officer of the customs, on making a seizure of goods, for having been imported in violation of the reves ue laws, to institute proceedings in rem in the district court. veyor annually themselves with Hall v. Warren, 2 McLean, 332. Where property is forfeited it does not vest in the government until after a seizure, which then relates back to the time of the forfeiture. Clark v. Protection Insurance Company, 1 Story, 110. (d) The vessel, in such case, is forfeited, although the goods were not actually brought in her from a foreign port, but had been transhipped into her on the homeward voyage. The Harmony, 1 Gall. 123. It is a good defence, under this section, that the party has been prevented by inevitable accident, necessity or distress, from complying with its requisitions. United States v. Hayward, 2 Ibid. 480, 508. 2 March 1799, Penalty for neg lect of duty. To perform no other duties. by whom paid. on board. and any inspector, who shall neglect or in any manner act contrary to the duties hereby enjoined, shall for the first offence forfeit and pay the sum of fifty dollars, and for the second offence shall be displaced, and be incapable of holding any station of trust or profit under the revenue laws of the United States, for a term not exceeding seven years. And no inspector or inspectors shall perform any other duties or service, on board any ship or vessel, the superintendence of which is committed to him or them, for any person or persons whatever, other than what is required by this act, under the penalty of Compensation, being disabled from acting any longer as an inspector of the customs; and the wages or compensation of such inspector or inspectors, as may proceed from one district to another, shall be defrayed by the master or person having the charge or command of the ship or vessel committed to his or their care; and every inspector or other officer of the revenue, To be supplied while performing any duty on board any ship or vessel, not in a port of the United States, discharging her cargo, shall be entitled to receive from the master of such ship or vessel, such provisions and accommodations as are usually supplied to passengers, or as the state and condition of such ship or vessel will adinit, on receiving therefor fifty cents per diem; and any master of any ship or vessel, who shall refuse provisions and reasonable accommodations as aforesaid, shall forfeit and pay one hundred dollars. 252. It shall be lawful for all collectors, naval officers, surveyors, inspectors, and the officers of the revenue cutters, hereinafter mentioned, to go on board of ships or vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their respective districts, for the purposes of demanding the manifests aforesaid, and of examining and searching the said ships or vessels; and the said officers respectively shall have free access to the cabin and every other part of a ship or vessel; and if any box, trunk, chest, cask or other package shall be found in the cabin, steerage or forecastle of such ship or vessel, or in any other place separate from the residue of the cargo, it shall be the duty of the said officer to take a particular account of every such box, trunk, chest, cask or other package, and of the marks and numbers thereof, if any there be, and a description thereof, and if he shall judge proper, to put a seal or seals on every such box, trunk, chest, cask or other package; and such an account and description shall be by him forwarded without delay to the Penalty, if miss collector of the district to which such ship or vessel is bound. And if upon her arrival Ibid. 54. Officers may board vessels within four leagues of the coast. To take account of separate packages. ing, &c., on arrival. Inspectors to secure the hatches after sunset. Penalty for re moving fasteniugs, &c. Ibid. 55. returns to the llector, &c. at the port of her entry, the boxes, trunks, chests, casks or other packages so described, or any of them, shall be missing, or if the seals put thereon be broken, the master or commander of such ship or vessel shall forfeit and pay for every such box, trunk, chest, cask or other package so missing, or of which the seals shall be broken, the sum of two hundred dollars. 253. And it shall also be lawful for the inspectors who may be put on board of any ship or vessel (and they are hereby required and enjoined so to do) to secure after sunset in each evening, or previous to their quitting the ship or vessel, the hatches and other communications with the hold of such ship or vessel, or any other part thereof he or they may judge necessary, with locks or other proper fastenings; which locks or other fastenings shall not be opened, broken or removed until the morning following, or after the rising of the sun, and in the presence of the inspector or inspectors, by whom the same shall have been so affixed, except by special license from the collector of the port, and naval officer thereof, if any, for that purpose first had and obtained. And if the said locks or other fastenings, or any of them, shall be broken or removed during the night or before the said rising of the sun, or without the presence of the said inspector or inspectors, or without such license first had and obtained, or if any goods or packages shall be clandestinely landed, notice thereof shall be immediately given by the inspector or inspectors, to the collector and naval officer of the district, port or place, where the vessel may be; and the master, or other person having the charge or command of any such ship or vessel, shall, for each or every of the offences aforesaid, forfeit and pay the sum of five hundred dollars. (a) 254. When the delivery of goods, wares and merchandise from on board of any ship Officers to make or vessel, shall have been completed, copies of the accounts or entries which shall have been kept or made thereof, by the officer or officers who shall have been charged with the said deliveries, shall be returned to the collector of the district and naval officer of the same, if any there be, within three days after such delivery hath been completed, if at the port where such officer or officers reside, and if at any other port, as soon as the nature of the case will admit, not exceeding fifteen days; and the accounts or entries to be returned as aforesaid, shall comprise all deliveries made pursuant to permits as aforesaid, and all packages or merchandise sent to the public stores; also each and every package remaining on board of such ship or vessel, for the purpose of being exported therein, to a foreign port or place, or to some other district of the United States. (a) This applies to vessels in the coasting trade as well as to those from foreign ports. United States v. Mantor, 2 Mas. 123. 255. And the returns of the inspectors, to be made as aforesaid, shall be according to March 1799. the following form, namely: Return of merchandise, unladen under my inspection, pursuant to permits for that purpose, from on board the (insert the names of the vessel and master), from (insert the port from which the vessel arrived). Form of inspectors' return. examined. noted. 256. And the returns to be made as aforesaid, shall be signed by the inspectors Returns to be respectively, under whose superintendence the deliveries shall have been made; and signed and after examination, and on being found correct, said returns shall be countersigned or certified by the surveyor of the port, if any there be, at the port where the deliveries have been made; and the said returns shall be transmitted by him to the naval officer, if any there be, who shall compare the same with the manifests and entries in his possession-and if any difference shall appear, the particulars thereof shall be noted by Differences to be indorsement on the said returns, and if no difference shall appear, it shall be so noted by like indorsements-and transmit the same to the collector of the district; and on being returned to the collector, it shall be by him compared with the manifests and entries of such goods, wares or merchandise, which shall have been made by the owner or owners, consignee or consignees, or his or their factor or agent; and if any difference shall appear, the same shall be noted by indorsement on such manifests, specifying the particulars thereof; and if no difference shall appear, it shall be noted by like indorsement, that the delivery hath corresponded with the entry or entries thereof; which indorsement or memorandum shall, in each case, be subscribed by the officer by whom And subscribed such comparison shall have been made. of goods remain. 257. If, at the expiration of fifteen working days, (a) after the time within which the Ibid. 256. report of the master, or person having the command of any ship or vessel, so required Inspectors to to be made to the collector of a district, as aforesaid, there shall be found on board any take possession goods, wares and merchandise, other than shall have been reported for some other dis- ing on board after fifteen trict, or some foreign port or place, the said inspector or inspectors shall take possession days. thereof: Provided, That with the consent of the owner or consignee of any goods, wares or merchandise, or with the consent of the owner or master of the vessel, in which the same may be imported, the said goods, wares or merchandise may be taken possession of at any time after five days' notice to the collector of the district. And all goods, To be stored. wares or merchandise, taken as aforesaid, shall be delivered pursuant to the order of the collector of the district; for which a certificate or receipt shall be granted in the following form: keeper's receipt. I certify that there has been received into store, from on board the (insert the denomina- Form of store tion and name of the vessel), whereof (insert the name) is master, from (insert the port or place where from), the following merchandise, to wit: (here enumerate the several packages, their denominations, marks and numbers, and if articles in bulk, the quantity), loyed by (insert the name), inspector, under whose care the said vessel was unladen.(b) A. B. extend to vessels 258. Provided further, That the said limitation of fifteen days shall not extend to ships Limitation not to or vessels laden with salt or coal; but if the said master or owner of any such ship or with coal or salt. (a) See act 3 March 1821; infra, 272. This does not authorize (b) See the warehousing acts, infra, 282. the seizure of wrecked goods. 5 Opin. 721. Remarks. paid by ship 2 March 1799. vessel, so laden with salt or coal, requires a longer time to discharge her cargo, the wages or compensation of the inspector, for every day's attendance, exceeding the said fifteen days, shall be paid by the said master or owner—and thereupon, the collector is hereby authorized and required to allow such longer time as in his judgment he may Compensation of think necessary to discharge such cargo, not exceeding fifteen days. And if, by reason inspectors to be of the delivery of the cargo, in several districts, more than the said term of fifteen working days shall in the whole be spent therein, the wages or compensation of the inspector or inspectors who may be employed on board of any ship or vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by the said master or owner; and it shall be the duty of such inspectors, previously to the clearance of such ship or vessel, to render an exact account to the collector, of all such compensations as shall have been paid, or shall be due and payable by such master or masters. Account to be rendered. Ibid. 2 57. agreement be tween the cargo and manifest. Not to be in accident or mis take. Owner. 259. If any package whatever, which shall have been reported as aforesaid, shall be Penalty for dis- wanting, and not found on board such ship or vessel, or if the goods, wares and merchandise on board such ship or vessel shall otherwise not agree with the report or manifest (a) delivered by the master, or other person having the charge or command of any such ship or vessel, in every such case the master, or other person having such charge or command, shall forfeit and pay the sum of five hundred dollars: Provided nevertheless, That if it shall be made appear to the satisfaction of the collector, naval flicted in case of officer and surveyor, or to the major part of them, where those officers are established at any port, or to the satisfaction of the collector alone, where neither of the said others is established, or, in case of trial for the said penalty, to the satisfaction of the court, that no part whatever of the goods, wares or merchandise of ship or vessel has been unshipped, landed or unladen since it was taken on board, except as shall have been specified in the said report or manifest, and pursuant to permits as aforesaid, or that the said disagreement is by accident or mistake; in such case, the penalty aforesaid shall Post entry to be not be inflicted; (b) but in all cases as aforesaid the master, or person having the charge or command of any ship or vessel, shall be required and shall make a post entry, or addition to the report or manifest by him delivered, of any and all goods, wares or merchandise omitted to be included and reported in such manifest; and it shall not be lawful to grant a permit to unlade any such goods, wares or merchandise so omitted, before such post entry or addition to such report or manifest has been made. ade. Ibid. 260. Vessels arriving unload. Protest to be made. And report to collector. 260. If any ship or vessel from any foreign port or place, compelled by distress of weather or other necessity, shall put into any port or place of the United States, not in distress may being destined for the same, and if the master, or other person having the charge or com mand of any such ship or vessel, together with the mate or person next in command, shall, within twenty-four hours after her arrival, make protest in the usual form, upon oath or affirmation, before a notary public or other person duly authorized, or before the collector of the district where the said ship or vessel shall so arrive, who is hereby empowered to administer the same, setting forth the cause or circumstances of such distress or necessity; which protest, if not made before the collector, shall be produced to him and to the naval officer (if any there be), and a copy thereof lodged with him or them; and the master, or other person aforesaid, shall also, within forty-eight hours after such arrival, make report, in writing, to the said collector of the said ship or vessel and her cargo, as is directed hereby to be done in other cases; and if it shall be made appear to the said collector, by the certificate of the wardens of the port or other officers usually charged with and accustomed to ascertain the condition of ships or vessels arriving in distress, if any such there be, or by the certificate of any two reputable merchants, to be named for that purpose by the said collector, if no such wardens or other officers duly qualified there be, that there is a necessity for unlading the said ship or vessel; the said collector and naval officer (where any) shall grant a permit for that purpose, and shall appoint an inspector or inspectors to oversee such unlading, who shall keep an account of the same, to be compared with the report made by the master, or other person having the charge or command of such ship or vessel. Certificate of necessity to be produced. Permit to be granted. Goods to be stored 261. And all goods, wares and merchandise so unladen shall be stor: 1 under the direction of the said collector, who, upon request of the master, or person having the charge or command of such ship or vessel, or of the owner or owners thereof, shall, together with the naval officer, where there is one, and alone, where there is none, grant permission to dispose of such part of the said cargo as may be of a perishable nature, (a) A surplus of cargo, equally with a deficiency of cargo, is a disagreement with the manifest, within the meaning of this section. United States v. Fairclough, 4 W. C. C. 398. (b) To obtain the benefit of this proviso, the defendant must not only satisfy the court that no part of the cargo had been landed, or unladen, after it was taken on board, as specified in the report, and pursuant to permits duly obtained; but also that the dis agreement was by mistake or accident. United States v. Fair clough, 4 W. C. C. 398. This proviso does not protect from forfeiture goods which are found concealed on board, after the master has declared that the whole cargo is discharged. United States e Cave, 3 Hall, L. J. 176. A mere intention to smuggle goods will not, however, authorize the seizure of a vessel. The Tigre, Hal's Journal of Jurisprudence, 105. |