Art. 287. Tunis.-By treaty of August, 1797, modified by convention of March 26, 1799, (8 Stat., 157,) and by subsequent articles of February 24, 1824, (8 Stat., 298,) and ratified by the United States Senate January 13, 1825, vessels of the United States may enter all ports of Tunis on paying the usual duties paid by vessels of the most favored nations. Commerce with Tunis under the United States flag, to be conducted on precisely the same footing, as to import duties, fees and all charges whatsoever, as is commerce under the flag of the most favored nation. Art. 288. Vessels belonging to nations not enumerated in this chapter fall in Class 3 and are subject to the exactions indicated in Article 277. CHAPTER VI. PILOTAGE-QUARANTINE-TONNAGE TAX. Pilotage of steam-vessels. Art. 289. Every vessel, propelled in whole or in part by steam, engaged in the coasting trade, is required when under way, except on the high seas, to be piloted by an officer duly licensed for such purpose under the laws of the United States. And any person undertaking to pilot any such vessel, as aforesaid, without having a license from the Government, both the pilot and the person employing him will be severally liable to a penalty of one hundred ($100) dollars for each offence. Rev. Stats. secs. 4401, 4438, 4444; Desty S. & A. §§ 3, 4, 343. Art. 290. Registered steam-vessels when engaged in the foreign trade, and all sailing vessels of the United States, both in the foreign and coasting trade, are not subject to the foregoing requirements. The master or commander of a foreign vessel entering or departing from a port or the United States is not required to employ a pilot licensed under the laws of the United States. Rev. Stats. secs. 4400, 4401, 4444; Desty S. & A. §§ 3, 4, 343. Art. 291. The piloting of vessels in State waters, except steam-vessels employed in the coasting trade, is regulated by the laws of the respective States in which such waters are situated. But no regulation or provision can be adopted by any State making a discrimination in the rate of pilotage or half-pilotage as to vessels sailing between the ports of one State and vessels sailing between the ports of different States, or any discrimination against steam-vessels, or against national vessels of the United States. Nor can a State or municipal government require pilots of the United States to procure a State or other license in addition to that issued by the United States, or to comply with any other regulation that may impede them in the performance of their duties. But a State may require vessels, except steam-vessels in the coastwise trade, entering or leaving ports therein, to take on board a pilot duly authorized or licensed to act as such under the laws thereof. Rev. Stats. secs. 4401, 4237, 4444. Art. 292. The commander or master of a vessel, except steam-vessels in the coasting trade, entering or departing from a port situate on waters forming the boundary between two States, may employ a pilot duly authorized or licensed by the laws of either of the States bounded by such waters, to pilot such vessel to or from port. Rev. Stats. sec. 4236. Art. 293. The pilot laws have reference to the merchant service, and do not extend to public vessels of the United States, nor to revenue cutters entering or departing from a port. Rev. Stats. sec. 4400; Desty S. & A. § 343. Quarantine. Art. 294. Collectors and other officers of the customs, masters and crews of revenue cutters, and military officers stationed on the coast, within any State, are required to observe and aid in executing the quarantine and health laws of such States, respecting vessels bound to or arriving at a port or district thereof from a foreign port or from another district of the United States, as they may be directed from time to time by the Secretary of the Treasury. As the health laws of the several States differ in their requirements, it is obviously impracticable for him to make any other than general regulations, unless duly advised by the proper State authorities of the regulations in force within their respective precincts requiring the co-operation of the customs officers to give them due effect. On being so advised, the Secretary of the Treasury will promptly give such specific instructions as may legally issue to insure the requisite co-operation of customs officers with the local authorities charged with the execution of the health and quarantine laws, such as, to prolong the time limited for the report and entry of vessels and cargoes, or to vary or dispense with other regulations applicable to such reports and entries, and the like. Rev. Stats. secs. 4792; Desty S. & A. § 240. Art. 295. When, by the health laws of a State, a vessel arriving within a collection district thereof is not permitted to come to her port of entry or delivery, and her cargo is required or allowed to be landed at a port or place within or near such district, after the whole cargo shall be reported to the collector he will grant a special warrant for the unlading thereof at the prescribed or permitted place, under the supervision and care of an officer of inspection; and the cargo so unladen shall be deposited, at the risk of the parties concerned, in such public or other warehouse or enclosure as may be designated by the collector, there to remain in the joint custody of the collector and the owner or master of the vessel until such cargo can be safely removed without contravening the health laws of the State. When the quarantine has expired the goods may be removed upon the usual permits, or transfer orders, in the same manner as other goods in public store, upon payment of storage at the usual rates. Whenever it shall be inconvenient or dangerous, by the prevalence of any contagious or epidemic disease, for the officers of the customs to continue to discharge their duties at their proper ports, the Secretary of the Treasury may authorize their removal to a more convenient place within or near their district, at which they may exercise their respective functions, and shall be liable to the same duties, according to existing circumstances, as if at their proper port. On the occurrence of any such contingency, prompt application must be made to the Secretary of the Treasury, when the proper instructions and due public notice will be given by him, without unnecessary delay. Rev. Stats. sec. 4793; Desty S. & A. § 240. Collection of tonnage tax. Art. 296. Vessels of the United States, while engaged in the coastwise trade, or employed in the bank, whale, or other fisheries, are exempted from the payment of tonnage tax. Rev. Stats. sec. 4220; Desty S. & A. § 26. Art. 297. On all registered vessels of the United States in the foreign trade, and on all foreign vessels entering ports of the United States, a tonnage tax of thirty cents per ton on their admeasurement is to be collected yearly in addition to any other tonnage duty imposed by law. Art. 298. The certificate issued upon a payment of the tax will be in the following form: FORM No. 74. Certificate of payment of tonnage duty. U. S. CUSTOM-HOUSE, day of I hereby certify that on this eighteen hundred and eighty, the tonnage duty of thirty cents per ton, imposed by the 15th section of the act of July 14, 1862, as modified by acts of March 3, 1865, section 4; March 2, 1867, section 33; and July 14, 1870, section 25, was paid on the for the year ending twelve months from this date, as per admeasurement, tons, amounting to The above payment was made on $ [L. S.] of -, by Rev. Stats. sec. 4220; Desty S. & A. § 26. dollars and Tons cents. -100. Collector. Art. 299. The certificate will bear the date of payment, and its production, when required, will be sufficient evidence to exempt the vessel from another payment until after the expiration of one year from its date. Art. 300. When tonnage tax is ascertained to be due, the whole amount must be collected; a proportionate part cannot be exacted for a fractional part of a year, nor remitted or refunded in consequence of the vessel having been laid up or lost subsequently to the payment of the tax. Art. 301. On vessels of the United States trading to ports in Mexico, the British Provinces in North America, the West India Islands, Aspinwall and Panama, the Sandwich Islands, or Society Islands, the tonnage tax should be collected on the first entry or clearance after the expiration of the certificate of last payment, but when trading between the United States and foreign ports, other than those above mentioned, the tax will be collected on the first entry after the expiration of one year from the date of any preceding collection. Rev. Stats. sec. 4219; Desty S. & A. § 26. Art. 302. Vessels trading between ports of the United States and Havana or Aspinwall, are required to pay tonnage tax, although the cargo may be destined for a port of the United States. Rev. Stats. sec. 4220; Desty S. & A. § 26. |