paid or allowed by the collector at whose office the said goods, wares, and merchandise, were originally entered, and not otherwise; retaining one per centum for the benefit of the United States.

not to be rela

the United

after exporta.

tion, &c.

§ 32. That no goods, wares, or merchandise, entitled to Goods entitled drawback, shall be reladen before an entry shall be made to drawback with the collector of the port from whence such goods are den before enintended to be exported; which entry shall contain a particu- try, &c. lar account of the casks and packages, their marks, numbers, and contents, the cost thereof, the vessel or vessels in which they were imported, and the place or places imported from; and the person or persons intending to export such goods, shall give bond, with one or more sufficient sureties, that the Bond not to resame, or any part thereof, shall not be relanded in any port land within or place within the limits of the United States as settled by States. the late treaty of peace; and shall, moreover make oath Treaty of 3d or affirmation as to the truth of the entry, that the goods, wares, of September, and merchandise, are, in quantity, quality, and value, as therein ex- 1783. pressed, according to the inward entry thereof, which entry was duly Oath as to made at the time of importation, pursuant to the directions of this truth of entry. act; and that the quality is the same as at the time of importation; and the exporter of such goods shall not be entitled to draw No drawback back the duties, until at least six months after the exportation until 6 months thereof, and until he shall produce to the collector with whom such outward entry is made, a certificate in writing of two reputable merchants, at the foreign port or place in which the same were landed, together with the oath or affirmation of the master and mate of the vessel in which they were exported, certifying the delivery thereof; but in case any vessel shall Protest to be cast away, or meet with such unavoidable accidents as to of the vessel's prevent the landing such goods, a protest in due form of law, being cast made by the master and mate, or some of the seamen, or in away, &c. case no such protest can be had, then the oath or affirmation of the exporter, shall be received in lieu of the other proofs herein directed, unless there shall be good reason to suspect the truth of such oath or affirmation, in which case it shall and may be lawful for the collector to require such further proof as the nature of the case may demand. Provided also, That no goods, wares, or merchandise, imported, shall be en- Goods entitled titled to a drawback of the duties paid or secured to be paid unless the duthereon, unless such duties shall amount to twenty dollars at ties amount to the least; nor unless they shall be exported in the same cask, 20 dolls. &c. package, or packages, and from the port or district into which they were originally imported; and, moreover, shall be reladen under the inspection of the collector, naval officer, or surveyor, of the port.

serve in case

to draw back

Sums allowed on the expor

tation of fish, &c. payable by the collec

§ 33. That the sums allowed to be paid by law on the exportation of dried or pickled fish, and of salted provisions, shall be paid by the collector of the port or district from whence the same shall be exported : Provided, That due en try thereof shall be first made, and bonds given, as in case of trict whence drawbacks, and that no such allowance shall be made, unless exported, &c. it shall amount to three dollars, at the least, upon any one entry.

tor of the dis

Goods entitled

forfeited if re

§ 34. That if any goods, wares, or merchandise, entered for exportation with a view to draw back the duties, or to oblanded within tain any allowance given by law on the exportation thereof, the U. States. shall be landed in any port or place within the limits of the United States as aforesaid, all such goods, wares, and merchandise, shall be subject to seizure and forfeiture, together with the 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 imprisonment for a term not exceeding six months and for discovery of frauds, and seizure of goods, wares, and merchandise, relanded contrary to law, the several officers established by this act shall have the same powers, and in case of seizure the same proceedings shall be had, as in the case of goods, wares, and merchandise, imported contrary to law: And for measuring, weighing, or gauging, Fees allowed goods, for exportation, the same fees shall be allowed as in like on exporta. cases upon the importation thereof.

tions.

more than

2,000, &c.

Penalty on of- § 35. That if any officer of the customs shall, directly or ficers' receiv- indirectly, take or receive any bribe, reward, or recompense ing a bribe, or for conniving, or shall connive at a false entry of any ship or conniving at a false entry, vessel, or of any goods, wares, or merchandise, and shall be not less than thereof convicted, every such officer shall forfeit and pay a 200 dolls. nor sum not less than two hundred, nor more than two thousand, dollars, for each offence, and be forever disabled from holding any office of trust or profit under the United States; and any A similar pe- person giving or offering any bribe, recompense, or reward, nalty on per- for any such deception, collusion, or fraud, shall forfeit and sons offering a bribe, &c. pay a sum not less than two hundred, nor more than two thousand, dollars, for each offence: And in all cases where an oath or affirmation is, by this act, required from a master or other person, having command of a ship or vessel, or from an owner or consignee of goods, wares, and merchandise, if the person so swearing or affirming, shall swear or affirm falsely, such pernot exceeding son shall, on indictment and conviction thereof, be punished by 12 months im- fine or imprisonment, or both, in the discretion of the court beprisonment, nor 1,000 doll, fore 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.

Penalty on

masters of vessels, or others, who shall take a false oath,

fine.

Form of pro

ceedings for the recovery of penalties,

&c.

§ 36. That the penalties accruing by any breach of this act, shall be sued for and recovered, with costs of suit, in the name of the United States, in any court proper to try the same, by for forfeitures, the collector of the district where the same accrued, and not otherwise, unless in cases of penalty relating to an officer of the customs; and such collector shall be, and hereby is, authorized and directed, to sue for, and prosecute the same to effect, and to distribute and pay the sum recovered, after first deducting all necessary costs and charges, according to law. And all ships or vessels, goods, wares, and merchandise, which shall become forfeit by virtue of this act, shall be seized, libelled, and prosecuted, as aforesaid, in the proper court having Notice of libel, cognizance thereof; and the court shall cause fourteen days notice to be given of such seizure and libel, by causing the

29

no claimant.

&c. on bond,

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 public newspaper, nearest 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; and proclamation shall be made in such manner as the court shall direct; and if no person shall appear to claim such ship Judgment or vessel, goods, wares, or merchandise, the same shall be ad- where there is judged 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 Bond to dethe prosecution thereof, and to respond the cost in case he fend. shall not support his claim, the court shall proceed to hear and determine the cause according to law: And upon the prayer of any claimant to the court, that any ship or vessel, goods, wares, or merchandises, so seized and prosecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for the court to appoint three proper persons to ap. praise such ship or vessel, 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 Delivery of such appraisement, if the claimant shall, with one or more vessel, goods, sureties, to be approved of by the court, execute a bond in the &c. 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 he delivered, be appraised, the court shall, by rule, order such ship or vessel, goods, wares, or merchandise, to be delivered to the said claimant, and the said bond shall be lodged with the proper officer of the court; and if judgment shall pass in favor of the claimant, the court Cancelling of bond on judgshall cause the said bond to be cancelled; but if judgment ment for shall pass against the claimant, as to the whole or any part of claimant, and such ship or vessel, goods, wares, or merchandise, and the otherwise. 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 prosecu- No costs for tion shall be commenced on account of the seizure of any ship claimant or vessel, goods, wares, or merchandise, and judgment shall where there is be given for the claimant or claimants; if it shall appear to the court before whom such prosecution shall be tried, that ure. 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, judgment, or suit, on account of such seizure or prosecution. Provided, That the ship or vessel, goods, wares, or Vessels, &c. merchandise, be, after judgment, forthwith returned to such to be restored claimant or claimants, his or their agents: And provided, That on judgment. no action or prosecution shall be maintained in any case under Action to be this act, unless the same shall have been commenced within within three three years next after the penalty or forfeiture was incurred.

reasonable

cause of seiz

commenced

years.

Vessels or goods condemned in

§ 37. That all ships, vessels, goods, wares, or merchandise, which shall be condemned by virtue of this act, shall be sold virtue of this by the proper officer of the court, in which such condemnation act, to be sold shall be had, to the highest bidder at public auction, by order at public auc- of such court, and at such place as the court may appoint, teen days no- 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.

tion after fif

tice.

Distribution

of fines, pen alties, and for

feitures.

§ 38. That all penalties, fines, and forfeitures, recovered by 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 three equal parts, and paid to the collector, naval officer, and surveyor, of the district wherein the same shall have been incurred; and in such districts where only two of the aforesaid officers shall have been established, the said moiety shall be equally divided between them; and in such districts where only one of the aforesaid officers shall have been established, the said moiety shall be given to such officer : One half moie- Provided nevertheless, That in all cases where such penalties, ty of fines, &c. fines, and forfeitures, shall be recovered in pursuance of inforthe informer, mation given to such collector, by any person, other than the if other than said naval officer and surveyor, the one half of such moiety the naval offi- shall be given to the informer, and the remainder thereof shall cer or survey- be disposed of between the collector, naval officer, and surveyor, in manner, and form as above limited and expressed. And whereas, The states of Rhode Island and Providence adapted to the Plantations, and North Carolina, have not as yet ratified the Rhode Island present constitution of the United States; by reason whereof this act doth not extend to the collecting of duties within either of the said two states, and it is thereby become necessary that the following provision, with respect to goods, wares, or merchandise, imported from either of the said two states, should, for the present take place;

or.

This act

states of

and North Carolina.

Goods imported from

§ 39. That all goods, wares, and merchandise, not of their Rhode Island own growth or manufacture, which shall be imported from eiand N. Caro- ther of the said two states of Rhode Island and Providence Planlina, subject tations, or North Carolina, into any other port or place within the limits of the United States, as settled by the late treaty of peace, shall be subject to the like duties, seizures, and forfeitures, as goods, wares, or merchandise, imported from any state or country without the said limits.

to the same

duties as if

from foreign

countries.

payment of duties, brought into the U. S., un

Goods of for§ 40. That no goods, wares, or merchandise, of foreign eign growth, subject to the growth or manufacture, subject to the payment of duties, shall be brought into the United States, in other manner than by sea, nor in any ship or vessel less than thirty tons burthen, except within the district of Louisville, and except also in such vessels as are now actually on their voyages; nor shall be landed, or unladen at any other place than is by this act directed, under the penalty of seizure and forfeiture, of all such

less by sea, and in certain

vessels, liable to forfeiture; except, &c.

ed States by

vessels, goods, wares, or merchandise, brought in, landed, or unladen in any other manner. And all goods, wares, and mer- Goods brought chandise, brought into the United States by land, contrary to into the Unitthis act, shall be forfeited, together with the carriages, horses, land, forfeitand oxen, that shall be employed in conveying the same. [Ap. ed, &c. proved, July 31, 1789.]

CHAP. 6. An act for settling the accounts between the United States and individual states.

the board of

§ 1. Be it enacted, &c. That the President of the United Vol. i. p. 158. States be, and he hereby is empowered to nominate, and by and Vacancies in with the advice and consent of the senate, to appoint such per- commissionson or persons as he may think proper, for supplying any vacan- ers, how to be cy that now is, or may hereafter take place, in the board of com- supplied. missioners, established by an ordinance of the late congress, of the seventh of May, one thousand seven hundred and eightyseven, to carry into effect the said ordinance and resolutions of congress, for the settlement of accounts between the United States and individual states.

§ 2. That the said board of commissioners be, and they here- Chief and by are, empowered, to appoint a chief clerk, and such other other clerks, to be appointed. clerks as the duties of their office may require; and that the pay of the said chief clerk be six hundred dollars per annum, Amount of and of each other clerk four hundred dollars per annum. proved, August 5, 1789.]

[Ap

their salaries.

CHAP. 7. An act to establish an executive department, to be denominated the Vol. i. p. 498. Department of War.

war establish

§ 1. Be it enacted, &c. That there shall be an executive department, to be denominated the department of war; and that Department of there shall be a principal officer therein, to be called the secreta- ed. ry for the department of war, who shall perform and execute Secretary such duties as shall, from time to time, be enjoined on, or entrust- thereof. ed to, him, by the president of the United States, agreeably to the constitution, relative to military commissions, or to the land Duties of the or naval forces, ships, or warlike stores, of the United States, or secretary of to such other matters respecting military or naval affairs, as the war to include president of the United States, shall assign to the said depart- itary affairs. ment, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: And furthermore, that the said princi- Secretary subpal officer shall conduct the business of the said department, in ject to the presuch manner as the president of the United States shall from sident's inme to time, order or instruct.

§ 2. That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the

naval and mil

structions.

chief clerk in the department of war, and who, whenever the Chief clerk of said principal officer shall be removed from office by the pre- the departsident of the United States, or in any other case of vacancy, ment of war. shall, during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said depart

ment.

His duties.