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CLEARANCE OF VESSELS.

CHAPTER I.

CLEARANCE COASTWISE, WHEN NECESSARY.

Licensed Vessels under 20 Tons, for a Near Port.

1. The master of a vessel of less than twenty tons burden, licensed for the coasting trade, destined from a district in one State to another district in the same or in an adjoining State on the seacoast or on a navigable river, having on board either: (1) distilled spirits in casks exceeding five hundred gallons, or (2) wines in casks exceeding two hundred and fifty gallons, or in bottles exceeding one hundred dozens, or (3) sugar in casks or boxes exceeding three thousand pounds, or (4) foreign merchandise in packages as imported, exceeding in value four hundred dollars, or (5) merchandise consisting of such enurnerated or other articles of foreign growth or manufacture, or of both, whose aggregate value exceeds eight hundred dollars—must, before her departure from the port where she may be, make out and subscribe a manifest in duplicate of the whole of such cargo, specifying the marks and numbers of every cask, bag, box, chest, or other package containing the same, with the name and place of residence of every shipper and consignee, and the quantity shipped by each.

ed by each. He must deliver the manifests to the collector, if there be one at such port or within five miles thereof, and make oath before him, to the best of his knowledge and belief, that the merchandise therein contained was legally imported, and the duties thereon paid or secured, or, if spirits distilled within the United States, that the duties thereon have been paid or secured. The collector must certify the same on the manifests, and return one of them to the master with a permit thereon, specifying generally the lading on board such vessel, and authorizing him to proceed to the port of destination. If there be a surveyor at the port of departure, or within five miles thereof, but no collector, such proceedings must be had before him. (Rev. Stat., § 4,349.) The penalty on the master for a failure to do as above stated to be necessary is one hundred dollars ($ 4,350).

Licensed. Vessels of 20 Tons or more, for a Near Port.

2. The master of a vessel of the burden of twenty tons or upward, licensed for the coasting trade, destined from a district within one of the great districts to another district within the same great district, or from a State in one great district to an adjoining State in another great district, having cargo as specified in paragraph 1, must observe the conditions therein specified, under like penalty. (Rev. Stat., S$ 4,349, 4,350.)

Licensed Vessels under 20 Tons, for a Remote Port. 3. The master of a vessel of less than twenty tons burden, licensed for the coasting trade, destined from any district of the United States to a district other than a district in the same or an adjoining State, on the sea-coast, or on a navigable river, must, previous to her departure, deliver to the collector residing at the port where such vessel may be, if there is one there, or to the collector of the district comprehending such port, or to a surveyor within the district, as the one or the other may reside nearest to the port at which such vessel may be, manifests in duplicate of the whole cargo on board such vessel; or, if there is no cargo on board, he shall so certify; and if there are any distilled spirits, or merchandise of foreign growth or manufacture on board, other than what may by the collector be deemed only sufficient for sea stores, he must specify in such manifests the marks and numbers of every cask, bag, box, or chest, or other package containing the same, with the name and place of residence of every shipper and consignee of such distilled spirits, or merchandise of foreign growth or manufacture, and the quantity shipped by and to each. The manifests must be subscribed and sworn by the master, before the collector or surveyor, and he must also swear that such merchandise of foreign growth or manufacture was, to the best of his knowledge and belief, legally imported, and the duties thereon paid or secured; or, if spirits distilled within the United States, that the duties thereon have been duly paid or secured. Upon the performance of these conditions, and not before, the collector or surveyor must certify the same on the manifests, one of which he must return to the master, with a permit thereon, authorizing him to proceed to the port of his destination. (Rev. Stat., $ 4,353.) The penalty on the master, if there be distilled spirits or merchandise of foreign growth or manufacture, is one hundred dollars ; or fitfy dollars if the vessel have no cargo. (Rev. Stat., 84,354.)

Licensed Vessels of 20 Tons or more, for a Remote Port.

4. The master of a vessel of twenty tons and upward, licensed for the coasting trade, destined to a district other than a district within the same great district, or within a State adjoining such great district, with or without cargo, as specified in paragraph 3, must observe the conditions therein specified, under like penalty. (Rev. Stat., SS 4,353, 4,354.) See second part of paragraph 11.

Registered Vessels of the United States. 5. According to uniform practice until the adoption of the Revised Statutes, under sections 20, 16, and 17, of chapter viii, February 18, 1793, a vessel under United States register must clear and enter when passing from any district to any other district. The rule of law has been obscured by the omission from section' 4,361, after the word “provided,” of the words by sections 4,353-6. The lastnamed sections correspond with sections 16 and 17 above mentioned.

A Treasury decision declares that such vessels are exempt from the necessity of clearing and entering when proceeding from a district in one State to another district in the same State, or in an adjoining State, unless she would have been liable under license, on account of having on board distilled spirits or foreign merchandise. (Decision 4,064, June 27, 1870 ;, also Decision 4,294.) The words "adjoining State ” must be limited to a State adjoining on the seaboard ; otherwise it would follow that a vessel between the port of New York and a port of Rhode Island must clear and enter, while a vessel between New York and a port of Massachusetts need not, although the latter voyage would be between ports more remote than the former.

This change of practice exposes the marine hospital fund to some risk of loss; for, under section 4,585, the hospital tax on registered vessels on coasting voyages is to be exacted on entrance.

Such a vessel, however, must still clear and enter, between district and district, if foreign material has been used, free of duty, in the construction or repair of such vessel, in order that her register

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