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(ACT of March 2d, 1799.)

tures, and penalties, incurred by virtue of this act, are recovered in consequence of any information given by any officer of a revenue cutter, they shall, after deducting all proper costs and charges, be disposed of as follows: one-fourth part shall be for the use of the United States, and paid into the treasury thereof, in manner as before directed; one-fourth part for the officers of the customs, to be distributed as hereinbefore set forth; and the remainders thereof to the officers of such cutter, to be divided among them agreeably to their pay: And provided, likewise, That whenever a seizure, condemnation, and sale, of goods, wares, or merchandise, shall take place within the United States, and the value thereof shall be less than two hundred and fifty dollars, that part of the forfeiture which accrues to the United States, or so much thereof as may be necessary, shall be applied to the payment of the cost of prosecution: And be it further provided, That if any. officer, or other person, entitled to a part or share of any of the fines, penalties, or forfeitures, incurred in virtue of this act, shal! be necessary as a witness on the trial for such fine, penalty, or forfeiture, such officer or other person may be a witness upon the said trial; but in such case he shall not receive, nor be entitled to, any part or share of the said fine, penalty, or forfeiture, and the part or share to which he otherwise would have been entitled, shall revert to the United States. [Infra, 119.]

59. SEC. XCII. Except into the districts hereinbefore described on the northern, northwestern, and western, boundaries of the United States, adjoining to the dominions of Great Britain, in Upper and Lower Canada, and the districts on the rivers Ohio and Mississippi, 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, agreeably to the admeasurement hereby directed for ascertaining the tonnage of ships or vessels; nor shall be landed or unladen at any other port than is directed by this act, under the penalty of seizure and forfeiture of all such ships or vessels, and of the goods, wares, or merchandise, imported therein, landed or unladen in any other manner. And no drawback of any duties goods, wares, or merchandise, of foreign growth, or manufacture shall be allowed on the exportation thereof, from any district of the United States, otherwise than by the sea, and in vessels not less than thirty tons burthen.

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60. SEC. XCIII. The master, or person having the charge or command of any ship or vessel, bound to a foreign port or place, shall deliver, to the collector of the district from which such ship or vessel shall be about to depart, a manifest of all the cargo on board the same, and the value thereof, by him subscribed, and shall swear or affirm, to the truth thereof; whereupon the said collector shall grant a clearance for such ship or vessel, and her car

Marks.

(ACT of March 2d, 1799.)

go; but without specifying the particulars thereof in such clearance, unless required by the said master, or other person having the charge or command of such ship or vessel, so to do. And if any ship or vessel, bound to a foreign port or place, shall depart on her voyage to such foreign port or place, without delivering such manifest, and obtaining a clearance, as hereby required, the said master, or other person having the charge or command of such ship or vessel, shall forfeit and pay the sum of five hundred dollars, for every such offence.

And the form of the report and manifest, to be delivered as aforesaid, shall be as follows:

Report and manifest of the cargo, laden at the port of on board the master, bound for

port.

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And the oath or affirmation, to be taken by the master, or commander of the ship or vessel as aforesaid, shall be as follows: District of

I, [insert the name] master, or commander, of the [insert the denomination and name of the vessel] bound from the port of [insert the name of the port or place sailing from] to [insert the name of the port or place bound to] do solemnly, sincerely, and truly, swear, (or affirm, as the case may be) that the manifest of the cargo on board the said [insert denomination and name of the vessel] now delivered by me to the collector of this district, and subscribed with my name, contains, according to the best of my knowledge and belief, a full, just, and true, account of all the goods, wares, and merchandise, now actually laden on board the said vessel, and of the value thereof; and if any other goods, wares, or merchandise, shall be laden or put on board the said [insert denomination and name of vessel] previous to her sailing from this port, I will immediately report the same to the said collector. I do also swear, (or affirm,) that I verily believe the duties on all the foreign merchandise therein specified have been paid, or secured, according to law, and that no part thereof is intended to be relanded within the United States, and that, if by distress or other unavoidable accident, it shall become necessary to reland the same, I will forthwith make a just and true report thereof, to the collector of the customs of the district wherein such distress or accident may happen. So help me God.

(ACT of March 2d, 1799.)

And the form of a clearance, to be granted to a ship or vessel on her departure to a foreign port or place, shall be as follows: District of

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Port of

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These are to certify all whom it doth concern, That master, or commander, of the, burthen- tons, or thereabouts, mounted with guns, navigated with bound for, having on board and cleared his said vessel, according to law. Given under our hands and seals, at the customhouse of this day of - one thousand, and in the

year of the independence of the United States of America. Provided, any thing to the contrary notwithstanding, that the collectors, and other officers of the customs, shall, and they are hereby directed to, pay due regard to the inspection laws of the states in which they may respectively act, in such manner, that no vessel having on board goods liable to inspection shall be cleared out until the master, or other proper person, shall have produced such certificate, that all such goods have been duly inspected, as the laws of the respective states do or may require to be produced to collectors or other officers of the customs: And provided, That receipts, for the payment of all legal fees which shall have accrued on any ship or vessel, shall, before any clearance is granted, be produced to the collector or other officer aforesaid.

61. SEC. XCIV. The importer or importers of any horses, cattle, sheep, swine, or other useful beasts, imported into the United States for the purpose of breed, shall make entry for such horses, cattle, sheep, swine, or other useful beasts, as in the case of other goods, wares or merchandise, and obtain a permit for landing the same, and shall likewise make oath or affirmation, that they are actually imported for the purpose above mentioned; and any horses, cattle, sheep, swine, or other beasts, landed without the provisions abovementioned being fully complied with, shall be subject to seizure and forfeiture.

62. SEC. XCV. All matters, directed by this act to be done to, or by, the collector of a district, or by the naval officer thereof, shall and may be done to, and by, the person who, in the cases specified in this act, is or may be authorized to act in the place or stead of the said collector, or of the said naval officer.

63. SEC. XCVI. Whenever an oath is required by this act, persons conscientiously scrupulous shall be permitted to affirm.

64. SEC. XCVII. The president of the United States shall be empowered, for the better securing the collection of the duties imposed on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels, to cause to be built and equipped so many revenue cutters, not exceeding ten, as may be necessary to be employed for the protection of the revenue, the expense whereof shall be paid out of the product of the du

(ACT of March 2d, 1799.)

ties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels.

65. SEC. XCVIII. There shall be, to each of the said revenue cutters, one captain, or master, and not more than three lieutenants, or mates, first, second, and third, and not more than seventy men, including noncommissioned officers, gunners, and mariners. And the secretary of the treasury is hereby authorized to cause contracts to be made, for the supply of rations, for the officers and men of the said revenue cutters: Provided, That the said revenue cutters shall, whenever the president of the United States shall so direct, co-operate with the navy of the United States, during which time they shall be under the direction of the secretary of the navy, and the expenses thereof shall be defrayed by the agents of the navy department.

66. SEC. XCIX. The officers of the said revenue cutters shall be appointed by the president of the United States, and shall respectively, be deemed officers of the customs, and shall be subject to the direction of such collectors of the revenue, or others officers thereof, as, from time to time, shall be designated for that purpose; they shall have power and authority, and are hereby required and directed, to go on board all ships or vessels which shall arrive within the United States, or within four leagues of 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 certain ships or vessels, and to affix and put proper fastenings on the hatches and other communications with the hold of any ship or vessel, and to remain on board the said ships and vessels, until they arrive at the port or place of their destination. It shall, likewise, be the duty of the master, or other person having at any time the command of any of the said revenue cutters, to make a weekly return to the collector, or other officer of the district under whose direction they are placed, of the transactions of the cutter under their command, specifying therein the vessels that have been boarded, their names and descriptions, the names of the masters, and from what port or place they last sailed, whether laden or in ballast, whether ships or vessels of the United States, or to what other nation belonging, and whether they have the necessary manifest or manifests of their cargoes on board, and generally, all such matters as it may be necessary for the collectors, or other officers of the customs, to be made acquainted with; and the officers of the said cutters shall, likewise, execute and perform such other duties, for the collection and security of the revenue, as from time to time, shall be enjoined and directed by the secretary of the treasury, not contrary to law, and the provisions hereinbefore contained.

67. SEC. c. The president is hereby authorized to cause other revenue cutters to be built or purchased, in lieu of such as are, or shall, from time to time, become unfit for further service; and to

(ACT of March 2d, 1799.)

cause such as are so become unfit for further service, to be sold at public auction, and the proceeds of such sales to be paid into the treasury of the United States. And the expense of purchasing other cutters, as aforesaid, as well as all future expenses of building, purchasing, or repairing, revenue cutters, 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.

68. SEC. CI. The collectors of the respective districts may, with the approbation of the secretary of the treasury, provide and employ such small open row and sail boats, in each district, together with the number of persons to serve in them, as shall be necessary for the use of the surveyors and inspectors in going on board of ships or vessels, and otherwise for the better detection of frauds; the expense of which shall be defrayed out of the product of the duties.

69. SEC. CII. The cutters and boats, employed in the service of the revenue, shall be distinguished from other vessels by an ensign and pennant, with such marks thereon as shall be prescribed and directed by the president of the United States; and, in case any ship or vessel, liable to seizure or examination, shall not bring to, on being required, or, being chased by any cutter or boat, having displayed the pennant and ensign prescribed for vessels in the revenue service, it shall be lawful for the captain, master, or other person having command of such cutter or boat, to fire at, or into, such vessel which shall not bring to, after such pennant and ensign shall be hoisted, and a gun shall have been fired by such cutter or boat as a signal; and such captain, master, or other person, as aforesaid, and all persons acting by or under his direction, shall be indemnified from any penalties, or actions for damages, for so doing; and if any person shall be killed or wounded by such firing, and the captain, master, or other person aforesaid, shall be prosecuted, or arrested therefor, such captain, master, or other person, shall be forthwith admitted to bail. And if any ship, vessel, or boat, not employed in the service of the revenue, shall, within the jurisdiction of the United States, carry or hoist any pennant or ensign prescribed for vessels in the service aforesaid, the master, or commander, of the ship or vessel, so offending, shall forfeit and pay one hundred dollars. [Infra, 79.]

70. SEC. CIII. No beer, ale, or porter, shall be brought into the United States by sea, from any foreign port or place, except in casks or vessels, the capacity whereof shall not be less than forty gallons, beer measure, or in packages, containing not less than six dozen bottles, on pain of forfeiture of the said beer, ale, or porter, and the ship or vessel in which the same shall be brought; nor shall any refined lump or loaf sugar be imported into the United States, from any foreign port or place, by sea, except in ships or vessels of one hundred and twenty tons burthen, and up

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