district in

in the state of South Carolina: and Sunbury, and Savannah, in the state of Georgia: Provided, That nothing herein contained Proviso; as to shall prevent the master or commander of any ship or vessel entry in the from making entry with the collector of any district in which which the vessuch ship or vessel may be owned, or from which she may have sel is owned or sailed on the voyage from which she shall then have returned. sailed from,

&c.

3. That the master or commander of every ship or vessel Ports of deliv bound to a port of delivery only, in any of the following districts, ery to which to wit: Portland and Falmouth, Bath, Newburyport, New Lon- vessels may be don, (except the port of Stonington, in the said district) Norfolk bound, renderand Portsmouth, Bermuda Hundred and City Point, Yorktown, ry first to come ing it necessaor Tappahannock, (except the port of Urbanna, in the said dis- to at the ports trict) and Edenton, shall first come to at the port of entry of such of entry, &c. district, with his ship or vessel, and there make report or entry, and pay, or secure to be paid, all legal duties, 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 district other than those abovementioned, or to either of the ports of Stonington or Urbanna, may first proceed to her port of delivery, and afterwards make report or entry within the time by this act limited.

fests before

collectors to

§ 4. That the master or commander of every ship or vessel, if Districts to bound to the district of Nottingham, shall, before he pass by the which vessels may be bound, port of Town Creek, and immediately after his arrival, deposite rendering it with the surveyor of the said port, a true manifest of the cargo necessary to on board such ship or vessel: if bound to the district of Tappa- deposite manihannock, shall, before he pass by the port of Urbanna, and impassing certain mediately after his arrival, deposite with the surveyor for that ports, &c. port, a like manifest: if bound to the district of Bermuda Hundred or City Point, shall, before he pass by Elizabeth River, and immediately after his arrival, deposite with the collector of the port 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. And the said surveyors and Surveyors and collectors, respectively, shall, after registering the manifests, transmit mantransmit the same, duly certified to have been so deposited, to ifests, &c. the officer with whom the entries are to be made. And if the Master to formaster or commander of any ship or vessel, shall neglect or omit feit 500 dolls. to deposit a manifest in manner aforesaid, and as the case shall for neglect, require, he shall forfeit and pay five hundred dollars, to be recovered with costs of suit, one half to 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 manifests shall Proviso; as to have been in either of the said cases, previously delivered to previous deli any officer of the customs, pursuant to the provision hereinafter very of manito be made in that behalf, the depositing of a manifest, as aforesaid, shall not be necessary: And provided also, That no master Proviso; as to of any ship or vessel, which was absent from the United States exemption of on the first day of May last, and which hath not since returned absent and foreign vessels, within the same, or of any ship or vessel, not owned wholly or &c.

&c.

fests.

繩

Officers ap

pointed pur act, to take an

suant to this

oath, &c.

Before a mag

istrate or collector, &c.

in part by a citizen or inhabitant of the United States, shall incur the said penalty, if he shall make oath or affirmation that he had no knowledge of, or information concerning, the regulation herein contained, unless it can be otherwise proved that he had such knowledge or information.

5. That all officers and persons to be appointed pursuant to this act, before they enter upon the duties of their respective of fices, shall severally take an oath, diligently and faithfully to execute the duties of their said offices, respectively, and to use their best endeavors to prevent and detect frauds, in relation to the duties imposed by the laws of the United States; which oath, if taken by a collector, may be taken before any magistrate authorized to administer oaths within the district to which he belongs; but if taken by another, shall be taken before the collector of his district, and being certified under the hand and seal of the person by whom the same shall have been administered, shall, within three months thereafter, be transmitted to the comptroller of the Forfeit of 200 treasury; in default of taking which oath, the party failing shall dolls. on fail- forfeit and pay two hundred dollars, to be recovered, with costs of suit, in any court of competent jurisdiction, to the use of the United States.

ure to take the Dath.

Duties of the

toms.

Collectors.

§ 6. That the several officers of the customs shall, respectiveofficers of cus- ly, perform the duties following, to wit: At such of the ports to which there shall be appointed a collector, naval officer, and surveyor, the collector shall receive all reports, manifests and documents, to be made or exhibited on the entry of any ship or vessel, according to the regulations of this act; shall record, in books to be kept for that purpose, all such manifests; shall receive the entries of all ships and vessels, and of the goods, wares, and merchandise, imported in them; shall, together with the naval officer, where there is one, or alone, where there is none, estimate the amount of the duties payable thereupon, endorsing the said amount upon the respective entries; shall receive all moneys paid for duties, and take all bonds for securing the payment thereof; shall grant all permits for the unlading and delivery of goods; shall employ proper persons as weighers, gaugers, measurers, and inspectors, at the several ports within his district; and shall provide, at the public expense, and with the approbation of the principal officer of the treasury department, storehouses for the safe keeping of goods, and such scales, weights and Naval officers. measures, as may be necessary. The naval officers shall receive copies of all manifests; shall, together with the collector, estimate the duties on all goods, wares and merchandise, subject to duty, keeping a separate record thereof; and shall countersign all permits, clearances, certificates, and debentures, to be grantSurveyors. ed by the collector. The surveyor shall superintend and direct all inspectors, weighers, measurers, and gaugers, within his district; shall visit and inspect the ships or vessels which arrive within his district, and shall have power to put on board each of them one or more inspectors; shall ascertain the proofs of distilled spirits, rating those which shall be of the proof of twentyfour degrees as of Jamaica proof; and shall examine whether the goods imported in any ship or vessel, and the deliveries thereof,

and survey

ors.

are conformable to the entries of such goods, and the permits for landing the same; and the said surveyor shall, in all cases, be subject to the control of the collector. And at such ports to Further duties which a collector and surveyor only are assigned, the said col- of collectors lector shall solely execute all the duties in which the co-operation of the naval officer is requisite at the ports where a naval officer shall be appointed, which he shall also do in case of the disability or death of the naval officer. And at the ports to which a collector only is assigned, such collector shall solely execute all the duties in which the co-operation of the naval officer is requisite as aforesaid: and shall also, as far as may be, perform all the duties prescribed to surveyors at the ports where such officers are established. And at ports to which surveyors only are assigned, every such surveyor shall perform all the duties herein before enjoined upon surveyors; and shall also receive and record the copies of all manifests which shall be transmitted to him by the collector; shall record all permits granted by such collector, distinguishing the gauge, weight, measure, and quality, of the goods specified therein; and shall take care that no goods be unladen or delivered from any ship or vessel without a proper permit for that purpose. And at such ports of de- Collector may livery only to which no surveyor is assigned, it shall be lawful occasionally for the collector of the district occasionally, and from time to employ pertime, to employ a proper person or persons to do the duties of a surveyor, who shall be entitled to the like compensation with inspectors, during the time they shall be employed. And the said collectors, naval officers and surveyors, shall, respectively, attend Collectors, naval officers, in person at the ports to which they are respectively assigned; and surveyors, and shall keep fair and true accounts and records of all their to attend in transactions as officers of the customs, in such manner and form person, keep accounts, &c. as may be directed by the proper department, or officer having the superintendence of the collection of the revenue of the United States; and shall, at all times, submit their books, papers Books, &c. and accounts, to the inspection of such persons as may be ap- open to inpointed for that purpose. And the said collectors shall, at all spection. times, pay, to the order of the officer who shall be authorized to direct the payment thereof, the whole of the moneys which they may respectively receive by virtue of this act (such moneys as they are otherwise by this act directed to pay, only excepted); and shall also, once in every three months, or oftener, if they shall be required, transmit their accounts for settlement to the officer or officers whose duty it shall be to make such settlement.

sons as sur

veyors, &c.

Collectors to

pay over moneys received,

and transmit accounts for

settlement, &c.

§ 7. That every collector, naval officer, and surveyor, in cases Collectors, naof occasional and necessary absence, or of sickness, and not oth- val officers, erwise, may, respectively exercise and perform their several and surveyors, powers, functions and duties, by deputy, duly constituted under may appoint deputies, &c. their hands and seals, respectively, for whom, in the execution of the trust, they shall, respectively, be answerable.

Duties, &c. of collector, de

volve on de

§ 8. That in case of the disability or death of a collector, the duties and authorities vested in him shall devolve on his deputy, if any there be at the time of such disability or death, (for whose conduct the estate of such disabled or deceased collector shall in defect of be liable) And in defect of a deputy, the said authorities and deputy, on naVOL. I.

17

puty, &c.

val officer.

If no naval

surveyor, &c.

In case of

duties shall devolve upon the naval officer of the same district, if any there be; and if there be no naval officer, upon the surveyor officer, on the of the port appointed for the residence of such disabled or deceased collector, if any there be; and if none, upon the surveyor of the port nearest thereto, and within the same district. And in every case of the death or disability of a surveyor, it shall be lawful for the collector of the district to nominate some fit person to perform his duties, and exercise his authorities. And the authorities of the persons hereby empowered to act in the stead of those who may be disabled or dead, shall continue until successors shall be duly appointed, and ready to enter upon the execution of their respective offices.

death, &c. collector may no

minate a person as surveyor, &c.

manifests shall

contain.

Manifests in§ 9. That from and after the first day of October next, no dispensable to the introduc- goods, wares, or merchandise, shall be brought into the United tion of goods States, from any foreign port or place, in any ship or vessel befrom foreign longing, in the whole or in part, to a citizen or citizens, inhabitports, in vesant or inhabitants, of the United States, unless the master or sels wholly or partly belong person having the charge or command of such ship or vessel ing to citizens; shall have on board a manifest or manifests, in writing, signed and what such by such master or other person, containing the name or names of the port or ports, place or places, where the goods, in such manifest or 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, and the name and built of such ship or vessel, and the true admeasurement or tonnage thereof, according to the register of the same, together with the name of the master of other person having the command or charge of such ship or vessel, and the port or place to which such ship or vessel truly belongs, and a just and particular account of all the cargo so laden or taken on board, whether in packages or stowed loose, together with the marks and numbers, in words at length, of the said packages, respectively, with a description of each, as whether leaguer, pipe, butt, puncheon, hogehead, barrel, case, bale, pack, truss, chest, box, bundle, or other cask or package, describing the same by its usual name or denomination.

Forfeiture of amount of

scribed in

10. That if any goods, wares, or merchandise, shall, after the said first day of October next, be imported or brought into goods not de- the United States, in any ship or vessel whatever, belonging, in manifests, &c. the whole or in part, to a citizen or citizens, inhabitant or inhabitants of the United States, from any foreign port or place, without such manifest or manifests in writing, or shall not be included and described therein, or shall not agree therewith, in every such case the master or other person having the command or charge of such ship or vessel, shall forfeit a sum of money equal to the value of such goods not included in such manifest or manifests: Provided always, That if it shall be made to appear to the satisfaction of the collector, naval officer and surveyor, or the major part of them, where those offices are estabhave been lost lished at any port, or to the satisfaction of the collector alone, or mislaid, or where either of the other of the said offices is not established, or to the satisfaction of the court in which a trial shall be had effect of acci- concerning such forfeiture, that no part of the cargo of such dent only, &c.

Proviso; as to exemption

from forfeiture, where manifests

the omission has been the

ship or vessel had been unshipped, after it was taken on board, except such as shall have been 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 manifest or 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.

officers of the

§ 11. That every master, or other person, having the charge Manifests to or command of any ship or vessel, belonging in the whole or in be exhibited to part to a citizen or citizens, inhabitant or inhabitants, of the customs first United States, laden with goods as aforesaid, and bound to any coming on port or place in the United States, shall, on his arrival within board four four leagues of the coast thereof, or within any of the bays, the coast, &c. leagues from harbors, ports, rivers, creeks, or inlets thereof, upon demand, produce such manifest or manifests in writing, which such masier or other person is herein before required 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 be provided and subscribed by the said master or other person having the command or charge of such ship or vessel); and that the officer Duty of offior officers to whom the original manifest or manifests shall have cers of the cusbeen so produced, shall, respectively, certify, upon the back there- toms first going on board, of, that the same was or were produced, and the day and year on exhibiting on which the same was or were so produced, and that such copy of manifests. or copies as aforesaid, was or were to him or them delivered, and shall likewise certify, 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 the several districts to which the goods by such manifest or manifests shall appear, respectively, to be consigned; and Manifests to that the said master, or other person so having the charge or be delivered to command of any such ship or vessel, shall, in like manner, pro- customs first duce to the officer or officers of the customs, who shall first going on board come on board such ship or vessel, upon her arrival within the after the arrilimits of any district of the United States, in which the val of vessels, cargo, or any part thereof, as intended to be discharged or landed, for his or their inspection, such manifest or manifests as aforesaid, 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 Duty of offimanifest or manifests, and the delivery of which said copy or cers of the copies thereof, shall also be certified by the said officer or offi- customs, first going on board cers of the customs, who shall so first come on board the said vessels on ship or vessel, on her arrival within the limits of any such dis- their arrival, trict, upon the back of the said original manifest or manifests, &c. 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 copy or copies thereof; and such officer or officers, is, and are, hereby required, forthwith to

officers of the

&c.