Twenty-four hours' notice

retaining one per centum for the benefit of the United States. And that the allowances on dried and pickled fish, of the fisheries of the United States, and on salted provisions of the United States, shall be paid by the collector of the district from which the same shall be exported, without any deduction or abate

ment.

§ 58. Provided always, That in order to entitle the exporter, or exporters, of any goods, wares, or merchandise, to the benefit of the said drawbacks, or allowances, he or she shall, previdrawback, &c. ous to putting or lading the same on board of any ship or vessel

of lading goods for

Proof of importation, identity, &c.

for exportation, give twenty-four hours' notice, at least, to the collector of the district from which the same are about to be exported, of his, her, or their intention to export the same, and of the particulars thereof, and of the casks, cases, chests, boxes, and other packages or parcels, containing the same, or of which the same consist, and of their respective marks, numbers, and contents, and if imported articles, of the ship or ships, vessel or vessels, in which the person or persons for or by whom, and the place or places from which, they were imported. And in respect to the said imported articles, proof shall be made, to the satisfaction of the said collector, by the oaths of the person or persons (including the said exporter or exporters) through whose hands the said articles shall have passed, according to the best of their knowledge and belief, respecting the due importation of the said articles, according to law, and in conformity to such notice of their identity, and of the payment, or securing the Proof in case payment, of the duties thereupon. And in respect to the said of allowances dried and pickled fish, and salted provisions, proof shall be on fish, &c. ex- made, to the satisfaction of the said collector, according to the ported. circumstances of the case, that the same, if fish, are of the fisheries of the United States; if salted provisions, were salted Collector to within the United States. And the said collector shall inspect, inspect goods, or cause to be inspected, the goods, wares, and merchandise, so drawback, &c. notified for exportation; and if they shall be found to correspond with the notice and proof concerning the same, the said colPermit to load. lector shall grant a permit for lading the same on board the ship or vessel named in such notice, which lading shall be performed under the superintendence of the officer by whom the same shall Exporters to have been so inspected. And the said exporter, or exporters, shall make oath, as also make oath, that the said goods, so noticed for exportation, and laden on board the said ship or vessel, are truly intended to be exported to the place whereof notice shall have been given, and are not intended to be relanded within the United States; and shall give bond, with one or more sureties, to the satisfaction of the said surely not to collector, in a sum equal to the amount of the drawbacks or allowances on such goods, with condition, that the said goods, or any part thereof, shall not be relanded in any port or place within the limits of the United States, as settled by the late treaty of peace. And provided further, That the said drawbacks, or not payable allowances, shall not be paid until, at least, six months after the after exporta- exportation of the said goods, and until the said exporter or extion; proof, porters shall produce, to the collector with whom such outward entry is made, a certificate in writing, of two reputable mer

&c. notified for

to place of destination,

&c.

Bond and

reland.

Drawbacks

for six months

&c.

proof, where

chants at the foreign port or place in which the same were landed, together with the oath of the master and mate of the vessel in which they were exported, certifying the delivery thereof. But in case any vessel shall be cast away, or meet with such un- Protest, &c. in avoidable accidents as to prevent the landing such goods, a pro- lieu of other test, in due form of law, made by the master and mate, or some vessels have of the seamen, or in case no such protest can be had, then the been cast oath of the exporter or exporters, or one of them, shall be re- away. ceived in lieu of the other proofs herein directed, unless there shall be good reason to suspect the truth of such oath, in which case it shall and may be lawful for the collector to require such farther proof as the nature of the case may demand. Provided No drawback lastly, That no goods, wares, or merchandise, imported, shall be unless the du entitled to a drawback of the duties paid, or secured to be paid, 20 dolls. ; exthereon, unless such duties shall amount to twenty dollars at ported in same least; nor unless they shall be exported in the same casks, cases, casks, &c. chests, boxes or other packages, and from the district or port into which they were originally imported.

expor

ties amount to

Sums allowed on pickled

fish, &c. must amount to 3

dolls. &c.

§ 59. That the sums allowed to be paid by law on the tation of dried or pickled fish, and of salted provisions, shall not be paid, unless the same shall amount to three dollars, at least, upon one entry. § 60. That if any goods, wares, or merchandise, entered for Forfeiture of exportation, with intent to draw back the duties, or to obtain goods, vessels, any allowance given by law on the exportation thereof, shall be &c. for landing, &c. landed in any port or place within the limits of the United States, as aforesaid, all such goods, wares, and inerchandise, shall be subject to seizure and forfeiture, together with the ship or vessel from which such goods shall be landed, and the vessels or boats used in landing the same; and all persons concerned therein, shall, on indictment and conviction thereof, suffer imprison- Imprisonment ment for a term not exceeding six months. And for discovery of person conof frauds, and seizure of goods, wares, and merchandise, relanded contrary to law, the several officers established by this act Power of offishall have the same powers, and, in case of seizure, the same proceedings shall be had, as in the case of goods, wares, and &c. merchandise, imported contrary to law: And for measuring, weighing, or gauging, goods for exportation, the same fees shall be allowed as in like cases upon the importation thereof.

cerned.

cers for discovery of frauds,

§ 61. That if any goods, the duties upon which shall have credit on been secured by bond, shall be re-exported by the importer or bonds due for importers thereof, and if the said bond shall become due before amount of the expiration of the time herein before limited for payment of drawback, &c. the drawback upon such goods, it shall be lawful for the collector of the district from which the said goods shall have been exported to give farther credit for so much of the sum due upon such bond as shall be equal to the amount of the said drawback, until the expiration of the said time limited for payment thereof. And the better to secure the collection of the said duties, § 62. That the president of the United States be empowered Cutters, not to cause to be built and equipped, so many boats or cutiers, not exceeding ten, to be built, exceeding ten, as may be necessary to be employed for the pro- &c. tection of the revenue, the expense whereof shall not exceed ten VOL. I. 20

Officers and crew of cutters.

thousand dollars, which shall be paid out of the product of the duties on goods, wares, or merchandise, imported into the United States, and on the tonnage of ships or vessels.

§ 63. That there shall be to each of the said boats or cutters, one master, and not more than three mates, first, second, and third, four mariners and two boys; and that the compensations Compensation to officers, &c. and allowances to the said officers, mariners, and boys, respectively, shall be, to the master, thirty dollars per month and the subsistence of a captain in the army of the United States; to a first mate, twenty dollars per month; to a second mate, sixteen dollars per month; to a third mate, fourteen dollars per month; and to every mate the subsistence of a lieutenant in the said army; to each mariner, eight dollars per month; to each boy, four dollars per month; and to each mariner and boy the same ration of provisions which is or shall be allowed to a soldier in the said army. The said allowances for subsistence to be paid in provisions, or money at the contract prices, at the option of the secretary of the treasury..

Officers of cutters, &c. ap

§ 64. That the officers of the said boats or cutters, shall be appointed by the president of the United States, and shall repointed by the spectively, be deemed officers of the customs, and shall have president. Powers of offi- power and authority to go on board of every ship or vessel which cers of cutters. shall arrive within the United States, or within four leagues of

Collectors,

tion of the se

the coast thereof, if bound for the United States, and to search and examine the same and every part thereof, and to demand, receive, and certify, the manifests hereinbefore required to be on board of certain ships or vessels and to affix and put proper fastenings on the hatches and other communications with the holds of ships or vessels, and to remain on board the said ships or vessels until they arrive at their places of destination.

§ 65. That the collectors of the respective districts may, with with approba- the approbation of the secretary of the treasury, provide and cretary of the employ such small open row and sail boats in each district, totreasury, may gether with the requisite number of persons to serve in them, as employ row boats, &c.

Forfeiture,

from 200 to

2,000 dollars, for receiving bribes, &c.

And for giv

shall be necessary for the use of the surveyors and inspectors in going on board of ships and vessels, and otherwise, for the better detection of frauds; the expense of which shall be defrayed out of the product of duties.

§ 66. That if any officer of the customs shall, directly or indirectly, take or receive any bribe, reward, or recompense, for conniving, or shall connive, at any false entry of any ship or vessel, or of any goods, wares, or merchandise, and shall be thereof convicted, every such officer shall forfeit and pay a sum not less than two hundred, nor more than two thousand, dollars for each offence; and any person giving or offering any bribe, recompense, or reward, for any such deception, collusion, or fraud, shall forfeit and pay a sum not less than two hundred, nor more than two thousand, dollars, for each offence. And in all cases ceeding 1,000 where an oath is by this act required from a master, or other perdolls, and im- son having command of a ship or vessel, or from an owner or prisonment, consignee of goods, wares, and merchandise, his or her factor or 12 months, for agent, if the person so swearing shall swear falsely, such person false swearing. shall, on indictment and conviction thereof, be punished by fine

ing or offering bribes, &c.

Fine, not ex

not exceeding

or imprisonment, or both, in the discretion of the court before whom the conviction shall be had, so as the fine shall not exceed one thousand dollars, and the term of imprisonment shall not exceed twelve months.

§ 67. That all penalties accruing by any breach of this act, Suits for penshall be sued for and recovered, with costs of suit, in the name alties; recovof the United States of America, in any court proper to try the ery, &c. same; and the trial of any fact which may be put in issue, shall Trial of facts be within the judicial district in which any such penalty shall within judicial district, &c. have accrued, and the collector, within whose district the seizure shall be made, is hereby authorized and directed to cause suits for the same to be commenced and prosecuted to effect, and to receive, distribute, and pay, the sum or sums recovered, after first deducting all necessary costs and charges, according

Proclamation.

claimant.

fend, &c.

to law. And that all ships or vessels, goods, wares, or merchan- Judicial prodise, which shall become forfeited by virtue of this act, shall be ceedings. seized, libelled, and prosecuted, as aforesaid, in the proper court having cognizance thereof; which court shall cause fourteen Notice of sei days' notice to be given of such seizure and libel, by causing the zure and libel. substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some newspaper published near the place of seizure, and also by posting up the same, in the most public manner, for the space of fourteen days, at or near the place of trial, for which advertisement a sum not exceeding ten dollars shall be paid; and proclamation shall be made in such manner as the court shall direct; and if no person shall appear to claim such ship or Judgment, vessel, goods, wares, or merchandise, the same shall be adjudg. where no ed to be forfeited; but if any person shall appear before such judgment of forfeiture, and claim any such ship or vessel, goods, wares, or merchandise, and shall give bond to defend the pro- Bond to desecution thereof, and to respond the cost in case he shall not support his claim, the court shall proceed to heaf and determine the cause according to law: And upon the prayer of any claim- Delivery of ant to the court, that any ship or vessel, goods, wares, or mer- &c. on prayer, vessel, goods, chandise, so seized and prosecuted, or any part thereof, should appraisement, be delivered to such claimant, it shall be lawful for the court to and bond, to appoint three proper persons to appraise such ship or vessel, claimant, &c. goods, wares, or merchandise, who shall be sworn, in open court, for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted; and on the return of such appraisement, if the claimant shall, with one or more sureties, to be approved of by the court, execute a bond, in the usual form, to the United States, for the payment of a sum, equal to the sum at which the ship or vessel, goods, wares, or merchandise, so prayed to be delivered, be appraised, the court shall, by rule, order such ship or vessel, goods, wares, or merchandise, to be delivered to the said claim- Bond to be ant, and the said bond shall be lodged with the proper officer of cancelled on judgment for the court; and if judgment shall pass in favor of the claimant, claimant. the court shall cause the said bond to be cancelled; but if judg- Suit on bond ment shall pass against the claimant, as to the whole, or any in case of part, of such ship or vessel, goods, wares, or merchandise, and judgment

against claim

ant.

the claimant shall not, within twenty days thereafter, pay into the court the amount of the appraised value of such ship or vessel, goods, wares, or merchandise, so condemned, with the costs, the bond shall be put in suit. And when any prosecution shall claimant when be commenced on account of the seizure of any ship or vessel, sonable cause goods, wares, or merchandise, and judgment shall be given for for seizure, &c. the claimant or claimants, if it shall appear to the court before

No costs for

there is rea

Restoration of vessel, &c. af.

whom such prosecution shall be tried, that there was a reasonable cause of seizure, the same court shall cause a proper certificate or entry to be made thereof, and, in such case, the claimant shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, suit or judgment, on account of such seizure or prosecution. Provided, That the ter judgment. ship or vessel, goods, wares, or merchandise, be, after judgment, forth with returned to such claimant or claimants, his, her, or their agents: And provided, That no action or prosecution shall be maintained in any case under this act, unless the same shall have been commenced within three years next after the penalty of forfeiture was incurred.

Commence

ment of actions withinthree years.

Sale of vessels, goods, &c. condemi ed by virtue of this act,

&c.

feitures.

§ 68. That all ships, vessels, goods, wares, or merchandise, which shall be condemned by virtue of this act, shall be sold by the proper officer of the court in which such condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in case of perishable goods) in one or more of the public newspapers of the place where such sale shall be, or, if no paper is published in such place, in one or more of the papers published in the nearest place thereto, for which advertising a sum not exceeding five dollars shall be paid.

Distribution of § 69. That all penalties, fines, and forfeitures, recovered by fines and for- virtue of this act, (and not otherwise appropriated) shall, after deducting all proper costs and charges, be disposed of as follows: One moiety shall be for the use of the United States, and paid into the treasury thereof; the other moiety shall be divided into equal parts, and paid to the collector and naval officer of the district, and surveyor of the port wherein the same shall have been incurred, or to such of the said officers as there may be in the said district; and in districts where only one of the aforesaid officers shall have been established, the said moiety Half a moiety shall be given to such officer: Provided, nevertheless, That in all to informers, cases where such penalties, fines, and forfeitures, shall be reval officer or covered in pursuance of information given to such collector, by surveyor, &c. any person other than the naval officer or surveyor of the district, the one half of such moiety shall be given to the informer, and the remainder thereof shall be disposed of between the collector, naval officer, and surveyor or surveyors, in manner aforesaid.

other than na

Forfeiture of vessels, goods, &c. brought into the U.

S. in any other

manner than berein prescribed.

§ 70. That no goods, wares, or merchandise, of foreign growth or manufacture, subject to the payment of duties, shall be brought into the United States from any foreign port or place, in any other manner than by sea, nor in any ship or vessel of less than thirty tons burthen, except within the district of Louis