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the comptroller of the treasury, who shall determine whether such de
benture or debentures shall be granted or not. And provided always, Drawback not that in no case of an exportation of goods shall a drawback be paid, to be paid be. until the duties on the importation thereof shall have been first received. fore the duties.
And the form of a certificate to be granted on the exportation to a foreign port, of goods, wares or merchandise, from a district, other than the district into which such goods were originally imported, shall be as follows:
Port of Form of the We hereby certify, that the merchandise herein after specified, which certificate. were imported into the district of
and landed in this district, in the month of
out of the
(having been previously entered at this office by
») have been exported hence by in the belonging to
master, bound for having been previously inspected and (weighed, gauged, or measured, as the case may require) and that the said
both of have entered into bond in pursuance of the laws in that case made and provided.
Here insert, in detail,
the packages exported,
A. B. Collector.
Form of de benture.
And the form of the debentures, to be issued as aforesaid, shall be as
A. B. Collector. Countersigned,
C. D. Naval Officer. And for the purpose of maintaining the credit of the said debentures, it is hereby declared, that the debentures to be issued as aforesaid, shall be assignable by delivery and endorsement of the parties, who may receive the same; and in all cases where payment shall be refused by the collectors of the districts where the said debentures were granted, in consequence of the non-payment of the duties which accrued on the
Debentures as signable.
importation of the goods for which such debentures were issued, for a In case of the longer time than three days after the same shall have been due and
collector's reable, said refusal to be proved in the same manner as in the case of
fusing to pay
debentures, suit payment of bills of exchange, it shall be lawful for the possessor or may be assignee of any debenture, upon which payment has been refused as tained by the aforesaid, to institute and maintain, in the proper circuit or district court the grantee and
holder against of the United States, a suit against the person to whom such debenture indorsers there. was originally granted, or against any endorser thereof, whereby to re- of. cover the amount of such debenture, with interest at the rate of six per centum per annum, from the time when the same became due and payable. And in all suits for the recovery of money upon debentures issued by the collectors of the customs as aforesaid, it shall be the duty of the court in which such suits shall be pending, to grant judgment at the Judgment at return term, unless the defendant or defendants shall, in open court, ex- the return term. hibit some plea, on oath or affirmation, by which the court shall be satisfied that a continuance, until the next succeeding term, is necessary to the attainment of justice; in which case, and not otherwise, a continuance until the next term may be granted.
Sec. 81. And be it further enacted, That before the receipt of any Bond to be debenture, in case of exportation from the district of original importa- given to deliver tion, and in case of exportation from any other district before the the goods at a
foreign port. receipt of any such certificate, as is herein before required to be granted, the person, applying for such debenture or certificate, shall, previous to such receipt, and before the clearance of the vessel in which the merchandise were laden for exportation, or within ten days after such clearance, give bond, with one or more sureties, to the satisfaction of the collector, who is to grant such debenture or certificate, as the case may be, in a sum equal to double the amount of the sum for which such debenture or certificate is granted, conditioned, that the said goods, or any part thereof, shall not be relanded in any port or place within the limits of the United States, and that the said exporter or exporters, shall produce, within the time herein limited, the proofs and certificates required of the said goods, wares and merchandise, having been delivered without the limits aforesaid.
And the form of the bond aforesaid, shall be as follows:
Form of the are held and firmly bound to the United States of America, in the sum said bond. of for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, by these presents. Witness our hands and seals, this
day of one thousand
Whereas the following merchandise has been duly imported into the United States, to wit: (here particularize the person or persons by whom the several articles were imported, the denomination and name of the vessel, master's name, from whence, into what district, and when imported, together with the marks, numbers, description of, and number of packages, with their contents) which said merchandise hath been reshipped by the above bounden in order to export the same in the
of master, now in the port of and bound for The condition of this obligation therefore is such, that if the aforesaid recited merchandise, or any part thereof, be not relanded in any port or place within the limits of the United States, and if the certificates and other proofs required by law of the delivery of the same at the aforesaid port of or at any other port or place without the limits of the United States, as aforesaid, shall be produced at this office, within from the date hereof, then this obligation shall be null and void, but otherwise to remain in full force and virtue. Sealed and delivered
in the presence of 1 Vol. I.-87
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Such bond to That all bonds which may be given for any goods, wares or merchanbe discharged on producing a
dise, exported from the United States, and on which any drawback of certificate from duties or allowance shall be payable, in virtue of such exportation, shall the consignee– and may be discharged, and not otherwise, by producing within one
year from the date thereof, if the exportation be made to any port of Europe or America, or within two years, if made to any part of Asia or Africa, a certificate under the hand of the consignee at the foreign port or place to whom the said goods, wares and merchandise shall have been addressed, therein particularly setting forth and describing the articles so exported, their marks, numbers, description of packages, the number thereof, and their actual contents, and declaring ibat the same have been received by them, from on board the vessel, specifying the names of the master and vessel, from which they were so received, and where such goods, wares or merchandise, are not consigned or addressed to any particular person at the foreign port or place to which the ship or vessel is destined, or may arrive, but where the master, or other person on board such ship or vessel may be the consignee of such goods, wares or merchandise, a certificate from the person or persons to whom such goods, wares and merchandise may be sold or delivered, by such master, or other person, shall be produced to the same effect, as that required if the person or persons receiving the same were originally
intended to be the consignee or consignees thereof. And in addition to And another the certificate aforesaid, it shall be necessary to produce a certificate from the Con, under the hand and seal of the consul or agent of the United States, sul of the United residing at the said place, declaring either that the facts stated in the
certificate of such consignee, or other person aforesaid, are to his knowledge true, or that such certificate is deserving of full faith and credit; which certificates of the consignee, or other person, and consul, or agent, shall, in all cases, as respects the landing or delivery of the said goods, wares or merchandise, be confirmed by the oath or affirmation of the master and mate, if living, or in case of their death, by the oath or
affirmation of the two principal surviving officers of the ship or vessel in Where there which the exportation shall be made; and in all cases where there shall is no Consul a be no consul or agent of the United States residing at the said place of catere shall be delivery, the certificate of the consignee, or other person herein before produced. required, shall be confirmed by the certificate of two reputable American
merchants residing at the said place, or if there are no such American merchants, then by the certificate of two reputable foreign merchants, testifying that the several facts stated in such consignee, or other person's certificate, are, to their knowledge, just and true, or that such certificate is, in their opinion, worthy of full faith and credit; which certificate shall also be supported by the oath or affirmation of the master and mate, or other principal officers of the vessel in manner as before prescribed, which oath or affirmation of the said master and mate, or other principal officers, shall, in all cases, when taken at a foreign port or place, be taken and subscribed before the consul or agent of the United States, residing at such foreign port or place, if any
such consul or agent reside thereat. Course of pro
And in cases of loss by sea, or by capture or other unavoidable acciceeding where
dent; or when, from the nature of the trade, the proofs and certificates the foregoing forms cannot be before required are not, and cannot be procured, the exporter or excomplied with. porters shall be allowed to adduce to the collector of the port of exporta
tion such other proofs as they may have, and as the nature of the case will admit: which proofs shall, with a statement of all the circumstances attending the transaction, within the knowledge of such collector, be transmitted to the comptroller of the treasury, who shall have power to allow a further reasonable time for obtaining the proofs aforesaid; or if he be satisfied with the truth and validity of the proofs adduced, to direct the bond or bonds of such exporter or exporters, to be cancelled : Prom
vided, that if the amount of such bond shall not exceed the penal sum of two hundred dollars, the collector, with the naval officer, where there is one, and alone, where there is none, may, pursuant to such rules as shall be prescribed by the comptroller of the treasury, admit such proof as may be adduced; and if they deem the same satisfactory, cancel such bond accordingly.
And the form of the certificate of a consignee, declaring the delivery of merchandise at a foreign port, shall be as follows: I (A. A. or we B. B. and C. C.) of the city or town) of
Form of con(merchant, or merchants, and copartners in trade) do hereby certify,
signee's certifithat the goods or merchandise herein after described, have been landed in this (city, town or port) between the and
from on board the
of whereof G. G. is at present master, viz. (here insert the particular articles delivered in manner following, as the case may require; namely, A. B. No. 1. a 10. ten hogsheads Containing fourteen thousand
pounds weight of coffee. E. F. No. 14. 18. 22. 25. Eight hogsheads, containing ten thousand 27. 30. 33. 36.
pounds weight of brown sugar. G. H. No. 21. a 30. Ten chests, containing seven hundred weight of
hyson tea. I. K. 7. 16. 19. Three bales, containing one hundred and fifty pieces of nankeen-) which, according to the bills of lading for the same, were shipped on board the
at the port of
in the United States of America, on or about the day of and consigned to (me or to us) by of aforesaid, merchant (or by the master of the said
Given under (my or our) hands, at the
(city of) this And the form of the oath or affirmation of the principal officers of a vessel, confirming the landing of merchandise at a foreign port, shall be as follows:
Port of We G. E. master, and H. H. mate of the of lately arrived Form of the from the port of in the United States of America, do solemnly confirmatory
oath to be taken (swear or affirm) that the goods or merchandise enumerated and de
by the officers scribed in the preceding certificate, dated the
and of the vessel. signed by A. A. of the city of merchant, were actually delivered at the said port, from on board the said within the time specified in the said certificate.
Sworn or affirmed at the city of before me, this
And the form of a verification of the delivery of merchandise at a foreign port, to be executed by a consul or agent of the United States, shall be as follows: I, M. M. (consul or agent) of the United States of America, at the
Form of the do declare, that the facts set forth in the preceding certific consular verificate, subscribed by A. A. of the said city, merchant, and dated the cation thereof.
are, to (my knowledge, just and true, or are in my opinion just and true, and deserving full faith and credit.) In testimony whereof, I have hereunto subscribed my name, and affixed the seal of my office, at this day of
M. M. Consul. And the form of a verification of the delivery of merchandise, to be executed by American or foreign merchants, as the case may require, shall be as follows: We residing in the city of
Form of the declare, that the facts stated in the preceding certificate, signed by
verification by of the said (city) merchant, on the
merchants. are (to our knowledge, just and true, or are in our opinion, just and
true, and worthy of full faith and credit.) We also declare that there is
Dated at the city of
T. L. Consular fees And it shall be lawful for the consuls or agents of the United States, therefor.
residing at the foreign ports, to demand twenty-five cents for administering each oath or affirmation aforesaid, and one dollar for granting each certificate as aforesaid; and if any consul or agent shall demand other or greater fees than are allowed as aforesaid, his bond shall be for
feited. Penalty on re- Sec. 82. And be it further enacted, That if any goods, wares or merlanding goods chandise, entered for exportation, with intent to drawback the duties, or drawback, &c.
to obtain any allowance given by law on the exportation thereof, shall be landed within any port or place within the limits of the United States as aforesaid, all such goods, wares or merchandise shall be subject to seizure and forfeiture, together with the ship or vessel from which such goods, wares or merchandise 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 Powers of the exceeding six months; and for discovery of frauds and seizure of goods, officers of the wares or merchandise, relanded contrary to law, the several officers estabcustoms, in re. lished by this act, shall have the same powers, and in case of seizure backs.
the same proceedings shall be had, as in the case of goods, wares and
merchandise imported contrary to law. Bounty on the Sec. 83. And be it further enacted, That on all pickled fish of the exportation of fisheries of the United States, exported therefrom, there be allowed and pickled fish and salted provis.
paid a bounty of thirty cents per barrel ; and on all provisions salted ions.
within the United States (dried fish excepted) there be allowed and paid a bounty of twenty-five cents per barrel, to be paid by the collector of the district from which the same shall be so exported, without any deduc
tion or abatement: Provided always, that in order to entitle the exExporter to porter or exporters of such pickled fish or salted provisions to the benefit make entry.
of such bounty or allowance, the said exporter or exporters shall make entry with the collector and naval officer of the district from whence the said pickled fish or salted provisions are intended to be exported, and shall specify in such entry the names of the master and vessel in which, and the place where such provisions or fish are intended to be exported,
together with the particular quantity of each, whether pickled fish or Proof to be salted provisions, and the species thereof; and proof shall be made to made.
the satisfaction of the collector of the district from which such articles are intended to be exported, and of the naval officer thereof, where any,
that the same, if fish, are of the fisheries of the United States; if salted The fish and provisions, that they were salted within the United States; and no entry provisions to be shall be received as aforesaid, of any pickled fish or salted provisions, inspected and
which have not been inspected and marked, pursuant to the inspection branded.
laws of the respective states, where inspection laws are in force, in regard to any pickled fish or salted provisions; and the casks containing such fish or provisions, shall be branded with the words “for bounty," with the name of the inspector or packer, the species and quality of the fish contained therein, and the name of the port of exportation, and the
collector of such district shall, together with the naval officer, where there Inspector to is one, grant an order or permit for an inspector to examine the pickled examine them.
fish or salted provisions, or both, as expressed in such entry, and if they
correspond therewith, and the said officer is fully satisfied that they are, Permit to lade. if fish, of the fisheries of the United States, or if provisions, salied
therein, to lade the same agreeably to such entry on board the ship or