north of the south point of Jekyl island; Frederica shall be a port of delivery only; and a collector for the said district shall be appointed, to reside at Brunswick; the district of Saint Mary's shall include Great Setilla, Little Setilla, Crooked river, and Saint Mary's river, with the harbors, creeks, and rivers, formed by the inlets of Saint Andrews and Amelia sounds; and a collector for the said district shall be appointed, to reside at Saint Mary's. And in each district it shall be lawful for the collector to grant a permit to unlade at any port or place within the district, and to appoint or put on board any ship or vessel, for which a permit is granted, one or more searchers or inspectors, as may be necessary for the security of the revenue.

Ports of entry § 2. That every port of entry established by this act, shall and ports of be a port of delivery also: Provided always, That no ship or delivery. vessel not wholly belonging to a citizen or citizens of the United States, shall be admitted to unload at any port or place Ports of deliv- except the following, to wit: Portsmouth, in the state of New ery to which Hampshire; Portland, Falmouth, Dighton, Salem, Gloucester, foreign vessels are restricted. Newburyport, Marblehead, Sherbourne, Boston, Plymouth, Wiscasset, Machias, and Penobscot, in the state of Massachu. setts; New London, or New Haven, in the State of Connecticut; New York; Perth Amboy, or Burlington, in the state of New Jersey; Philadelphia; Wilmington, New Castle, and Port Penn, in the state of Delaware; Baltimore, Annapolis, Vienna, Oxford, George Town on Potowmac, Chester Town, Town Creek, Nottingham, Nanjemoy, Digges's landing, Snow Hill, and Carrollsburg, in the state of Maryland; Alexandria, Kinsale, Newport, Tappahannock, Port Royal, Fredericksburg, Urbanna, York Town, West Point, Hampton, Bermuda Hundred, City Point, Rocket's landing, Norfolk or Portsmouth, in the state of Virginia; Charleston, George Town or Beaufort, in the state of South Carolina; or in either of the districts of Savannah, Sunbury, Brunswick, or Saint Mary's, in the state of Georgia: nor shall any ship or vessel arriving from the Cape of Good Hope, or from any place beyond the same, be admitted to enter at any other than the following Ports of entry ports, to wit: Portsmouth, in the state of New Hampshire; to which ves- Boston, Newburyport, Salem, Gloucester, Portland, or Falmouth, in the state of Massachusetts; New London, or New Haven, in the state of Connecticut; New York; Perth Amboy; Philadelphia; Wilmington, in the state of Delaware; Baltimore Town, Annapolis, or George Town, in the state of Maryland; Alexandria, Norfolk, or Portsmouth, in the state of Virginia; Charleston, Georgetown, or Beaufort, in the state of South Carolina; Sunbury, or Savannah, in the state of Georgia: Provided, That nothing herein contained shall be construed to prevent the master or commander of any ship or vessel, from making entry with the collector of any port or district in which such ship or vessel may be owned, or from whence she may have sailed on such a voyage.

from the Cape of Good Hope, or beyond it, are restricted.

Vessels bound to a port of de

§ 3. That the master or commander of every ship or veslivery only, in sel bound to a port of delivery only, in any of the following

first come to

districts, to wit: Portland and Falmouth, Bath, Newburyport, certain disNew London, (except the port of Stonington in the said districts, shall trict) Norfolk and Portsmouth, Bermuda Hundred and City at the port of Point, York Town or Tappahannock (except the port of Ur- entry. banna in the said district) shall first come to at the port of entry of such district, with his ship or vessel, and there make entry, deliver a manifest of her cargo, and pay, or secure to be paid, all legal duties, tonnage, port fees, and charges, in manner by this act provided, before such ship or vessel shall proceed to her port of delivery; and that any ship or vessel bound to a port of delivery in any other district not under like restrictions by this act, or to either of the ports of Stonington, or Urbanna, may first proceed to her port of delivery, and then take legal entry within the time by this act limited.

§ 4. That the master or commander of every ship or ves- Vessels bour sel, if bound to the district of Nottingham, shall, before he to certain dis tricts, shall pass by the port of Town Creek, and immediately after his ar- not pass cer. rival, deposite with the surveyor of the said port, a true mani- tain ports fest of the cargo on board such ship or vessel; if bound to any without delidistrict on the Potowmac, shall, before he pass by the rivers vering manifest, &c. Saint Mary's and Yeocomico, and immediately after his arrival, Vol. i. p. 50. deposite with the surveyor at Saint Mary's or the collector at Yeocomico, as may be most convenient, a true manifest of the cargo on board such ship or vessel, including a declaration of the port at which the same is to be entered; if bound to the district of Tappahannock, shall, before he pass by the port of Urbanna, and immediately after his arrival, deposite with the surveyor for that port, a like manifest: and if bound to the district of Bermuda Hundred or City Point, shall, before he pass by Elizabeth river, and immediately after his arival, deposite with the collector of the port of Norfolk and Portsmouth, or with the collector for the port of Hampton, a like manifest; and the said surveyors and collectors, respectively, shall, after registering the manifests, transmit the same, duly certified to have been so deposited, to the officer with whom the entries are to be made, without which certificate no such entry shall be received.

§ 5. That the duties of the respective officers, to be appointed by virtue of this act, shall be as follows: At such Duties of the of the ports to which there shall be appointed a collector, naval collector. Sce § 8, infra. officer, and surveyor, it shall be the duty of the collector to receive all reports, manifests, and documents, made or exhibited to him by the master or commander of any ship or vessel, conformably to the regulations prescribed by this act, to make due entry and record, in books to be kept for that purpose, all such manifests, and the packages, marks, and numbers, contained therein; to receive the entry of all ships and vessels, and of all the goods, wares, and merchandise, imported in such ships or vessels, together with the original invoices thereof; to estimate the duties payable thereon, and to endorse the same on each entry; to receive all monies paid for duties, and to take all bonds for securing the payment of duties; to grant all permits for the unlading and delivery of goods, to employ proper persons as weigh

Duties of the naval officer.

ers, gaugers, measurers, and inspectors, at the several ports within his district, together with such persons as shall be necessary to serve in the boats which may be provided for securing the collection of the revenue, to provide, at the public expense, and with the approbation of the principal officer of the treasury department, store houses for the safe keeping of goods, together with such scales, weights, and measures, as shall be deemed necessary, and to perform all other duties which shall be assigned to him by law. to him by law. It shall be the duty of the naval officer to receive copies of all manifests, to estimate and record the duties on each entry made with the collector, and to correct any error made therein, before a permit to unlade or deliver shall be granted; to countersign all permits and clearances granted by Duties of the the collector. It shall be the duty of the surveyor to superinsurveyor. See tend and direct all inspectors, weighers, measurers, and gaugers, § 8, infra. within his district, and the employment of the boats which may be provided for securing the collection of the revenue; to go on board ships or vessels arriving within his district, or to put on board one or more inspectors, to ascertain by an hydrometer, what distilled spirits shall be of Jamaica proof, rating all distilled spirits which shall be of the proof of twenty-four degrees as of Jamaica proof, and to examine whether the goods imported are conformable to the entries thereof; and the said surveyors shall, in all cases, be subject to the control of the collector and naval officer.

Collector, in case of absence, sickness, or inability may appoint a deputy, &c.

Duties and

powers of a deputy collec

tor.

§ 6. That every collector appointed in virtue of this act, in case of his necessary absence, sickness, or inability to execute the duties of his office, may appoint a deputy, duly authorized under his hand and seal, to execute and perform on his behalf, all and singular the powers, functions, and duties, of collector of the district, to which he, the said principal is attached, who shall be answerable for the neglect of duty, or other malconduct, of his said deputy, in the execution of the office.

§ 7. That in case of the disability or death of any collector, the duties and authorities vested in him by this act shall devolve on his deputy, if any such hath been appointed, (for whose conduct the estate of such disabled or deceased collector shall be liable ;) and the said deputy shall exercise the authority and perNaval officer form all the duties, until a successor shall be appointed. But in cases where no deputy is appointed, the authorities and duties of the disabled or deceased collector shall devolve upon the naval officer of the same district, until a successor duly authorized and sworn, shall enter upon the execution of the duties of the said office.

to act where

there is no

deputy.

Further duties of collector

and surveyor. See § 5, supra.

§ 8. That at such of the ports established by this act, to which a collector and surveyor only are assigned, the said collector shall execute all the duties herein required to be done by the collector and naval officer at other ports. That at such ports to which a collector only is assigned, such collector shall possess all the powers, and execute, as far as may be, all the duties prescribed to a collector, naval officer, and

surveyor, at the ports where such officers are established; that at such ports of delivery only, to which a surveyor is assigned, it shall be his duty to receive and record the copies of all manifests transmitted to him by the collector; to enter and record all permits granted by such collector, distinguishing the gauge, weight, measure, and quality, of the goods specified therein; to take care that no goods be unladen or delivered from any ship or vessel without such permit; and to perform all other duties required to be done by a surveyor: That at such ports of delivery only, to which no surveyor is assigned, it shall be the duty of the collector of the district, to attend the unlading and delivery of goods, or, in cases of necessity, to employ a proper person or persons for that purpose, who shall possess the power, and be entitled to the like compensation allowed to inspectors during the time they are employed. Every collector, naval officer, and surveyor, shall attend in person at the port or district for which he is appointed, and, before he enters on the execution of his office, shall take an oath or affirmation in the form following, to wit:-"I

I

a

Form of the

oath of a colofficer, and

lector, naval

tice of the

do solemnly swear or affirm (as the case may be) that will truly and faithfully execute and perform all the duties of of the port or district of -, according to law, and surveyor. the best of my skill and ability.” The said oath or affirmation Oath by a jusshall be administered by any justice of the peace, and a certi- peace. ficate thereof, under the hand and seal of such justice, trans- To be certified mitted within three months thereafter to the comptroller of to the compthe treasury: Any collector, naval officer, or surveyor, failing Penalty on faiherein, shall forfeit and pay two hundred dollars, recoverable, lure, 200 dolls. with costs, in any court having cognizance thereof, to the use of Weighers, the informer. And no weigher, gauger, measurer, or inspector, gaugers, meashall execute the duties of his office, until he shall have taken spectors, to the above oath or affirmation.

troller.

surers, and intake the same

transactions,

§ 9. That the collectors, naval officers, and surveyors, to oath. be appointed by virtue of this act, shall respectively keep fair Collectors, naval officers, and true accounts of all their transactions, relative to their and surveyors, duty as officers of the customs, in such manner and form as to keep acmay be directed by the proper department, or officer appoint- counts of their ed by law to superintend the revenue of the United States; &c. and shall, at all times, submit their books, papers, and accounts, to the inspection of such persons as may be appointed for that purpose: And the collectors of the different ports shall Collectors to at all times pay, to the order of the officer who shall be authorized pay all moneys received, to direct the same, the whole of the moneys which they may re- and settle spectively receive by virtue of this act (such moneys as they are their accounts otherwise by his act directed to pay, only excepted;) and shall every three also, once in every three months, or oftener if they shall be required, transmit their accounts for settlement to the department or officer before mentioned.

months, &c.

Masters of

§ 10. That every master or other person, having or taking vessels from foreign ports the charge or command of any ship or vessel, bound to any to deliver two port of the United States, from any foreign port or place, shall manifests to deliver, upon demand, to any officer, or other person lawfully any officer authorized, who shall first come on board his ship or vessel, who shall first

VOL. I.

3

go on board, &c.

One of the manifests to be signed and returned; the other sent to

the collector.

Masters to report within forty-eight hours, and

manifests.

Sec. 10.

two manifests, signed by the said master or person having command, and specifying, in words, (and not in figures,) a true account of the loading which such ship or vessel had on board at the port from which she last sailed, and at the time of her sailing, or at any time since, the packages, marks, and numbers, and noting thereon to what port in the United States such ship or vessel is bound, and the name or names of the person or persons to whom the goods are consigned, or in cases where the goods are shipped to order, the names of the shippers, noting the goods consigned to their order. One of which manifests, such officer or other person shall sign, and return to the master or other person having the charge of such ship or vessel, certifying thereon as nearly as may be, the time when the same was produced, and that a like manifest was delivered to him; and shall transmit the other manifest to the collector of the district to which such ship or vessel is bound.

§ 11. That the master or other person, having the charge or command of any ship or vessel (ships and vessels of war excepted) coming into, or arriving in any of the ports or disswear to their tricts of the United States, or in any of the creeks or harbours thereof, shall, within forty-eight hours after such arrival, repair to the office of the collector of the district where such vessel shall so arrive, and shall report to the said collector the place from whence be last sailed, with the name and burthen of his ship or vessel, and shall deliver to such collector two manifests, agreeably to the directions of this act, unless he shall before have delivered one manifest to some officer, or other person lawfully authorized in manner as hereinbefore is required; in which case he shall deliver the manifest certified as aforesaid, together with such documents as are usually furnished in the port from whence they came, and shall take and subscribe an oath or affirmation before the collector or scride an oath other proper officer, which oath or affirmation he or they are or affirmation authorized and required to administer, and shall be in the to manifest. words following, to wit: "I, — do solemnly swear or affirm (as the case may be) that this is, to the best of my knowledge and belief, a just and true manifest of all the goods, wares and merchandise, on board the - - at the port from which she last sailed, at the time of her sailing, or at any time since, and of which vessel I am at present masler." And if the master or other person having charge or command of any such ship or vessel, shall refuse or neglect to make entry, or deliver his manifests and documents, pursuant to the directions of this act, or to take the oath or affirmation herein prescribed, he shall forfeit and pay five hundred dollars for each refusal or neglect.

Masters to take and sub

Form of the oath.

Penalty on refusal or neg

lect, 500 dolls.

Goods to be

day, and by permit. Penalties on masters and

§ 12. That no goods, wares, or merchandise, shall be unlanded in open laden or delivered, from any ship or vessel, but in open day, or without a permit from the collector for that purpose; and if the master or commander of any ship or vessel shall suffer or permit the same, such master and commander, and every other person who shall be aiding or assisting in landing, removing, housing, or otherwise securing the same, shall forfeit

others offending herein.