Gambar halaman
PDF
ePub

law bound to do so, if he discovers that it is erroneous. (Rev. Stat., $ 4,198.) After that time the manifest is unchangeable. (Treasury letters, May 28, 1869 ; January 14, 1871—as Decision 781; June 20, 1877; June 8, 1878.

Supplementary Manifests. 44. For statistical purposes, a supplementary manifest of the outward cargo of steamers, verified by the oath of the owner or agent of the vessel within four days, is accepted. Sunday is excluded in counting the four days.

Pleasure Yachts. 45. A vessel having a United States yacht license may leave for a foreign port without clearance, but she must not transport merchandise or carry passengers for pay. (Rev. Stat., $ 4,214.) But a pleasure yacht under a foreign flag must make clearance when going abroad, except that she may leave without clearing, if she belong to a regularly organized yacht club of a foreign nation which extends like privileges to the yachts of the United States ($ 4,216).

Registered Vessels in the Whale Fishery. 46. It seems that vessels in the whale fishery, under register, must make clearance. (Rev. Stat., SS 4,339, 4,345.) They must also have authenticated shipping articles and crew lists (SS 4,573– 4,576). See paragraphs 33–35.

Vessels Remaining, or Putting Back. 47. A vessel which returns to port in distress, after clearing for a foreign port, must reënter, if her stay be protracted unreasonably, or in any case if she desire to obtain permits. She may have on board reëxported or drawback merchandise, and should come under customs' control. She is charged for the permits, but not with the fees of collector and surveyor on entrance. Perhaps she should pay the latter also. So if her voyage be abandoned or be postponed unreasonably, or if she needs permits, she should reënter, even if she have not started on her voyage. A permit is issued to the surveyor directing that a part or the whole of the cargo may be unladen under the supervision of an inspector, to remain under his control, and to be reladen on the same vessel under his supervision. In case it be desired to exempt any portion of the unladen cargo from relading, the inspector must have further instruction. A report of his action by the inspector, indorsed upon the back of the permit, stands in place of a formal return. (Rev. Stat., $ 4,198.)

25

BOOK II.

ENTRANCE OF VESSELS.

CHAPTER V.

ENTRANCE COASTWISE, WHEN NECESSARY.

Licensed Vessels under 20 Tons, from a Near Port. 48. The master of every vessel of less than twenty tons burden, licensed for carrying on the coasting trade, when obliged, as stated in paragraph 1, to make clearance from his port of departure, must, on arrival at his destination, previous to the unlading of any part of the cargo of such vessel, make entrance of such vessel-i. e., he must deliver to the collector, if there be one, or if not, to the surveyor residing at the port of her arrival, or, if there be no collector or surveyor residing at such port, then to a collector or surveyor,

if there be any such officer residing within five miles thereof, the manifest of the cargo, certified by the collector or surveyor of the district from whence she sailed, if there be such certified manifest, otherwise the manifest uncertified, and shall verify the same by his oath before such officer, and shall also declare under such oath whether

any

other or more merchandise has been taken on board not contained in such manifest since her departure from the port whence she first sailed, or whether any merchandise has been since landed, particularizing the same, or, if no merchandise has been so laden or unladen, declaring the fact. Thereupon the collector or surveyor shall grant a permit for unlading the whole or a part of such cargo, as the master may request. If there be no collector or surveyor residing at or within five miles of the port of her arrival, the master of such vessel may proceed to unlade the same, but must deliver to the collector or surveyor residing at the first port where he may next afterward arrive, and within twenty-four hours of his arrival, the manifest, noting thereon the times when and places where the merchandise therein mentioned has been unladen, and must verify the same by his oath before the said officer. (Rev. Stat., $ 4,351.) A master who fails to comply with the requirements stated is liable to a penalty of one hundred dollars ($ 4,352).

Licensed Vessels of 20 Tons or more, from a Near Port. 49. The master of every vessel of the burden of twenty tons or upward, licensed for carrying on the coasting trade, when obliged, as stated in paragraph 2, to make clearance from his port of departure, must, on arrival at his destination, comply with the requirements stated in paragraph 48, under like penalty. (Rev. Stat., SS 4,351, 4,352.)

Licensed Vessels under 20 Tons, from a Remote Port. 50. The master of every vessel of less than twenty tons burden, licensed for carrying on the coasting trade, when obliged, as stated in paragraph 3, to make clearance from her port of departure, must, on arrival at his destination, previous to the unlading of any part of the cargo of such vessel, make entrance of such vessel—i. e., he must deliver to the collector residing at the port of her arrival, if there be one, otherwise to the collector or surveyor in the district comprehending such port, as the one or the other may reside nearest thereto, if the collector or surveyor reside at a distance not exceeding five miles, within twenty-four hours, or, if at a greater distance, within forty-eight hours next after his arrival, the manifest of the cargo, if there be any cargo, certified by the collector or surveyor of the district from whence she last sailed; and must make oath, before the collector or surveyor, that there was not when he sailed from the district where his manifest was certified, and has not since been, and is not then, any more or other merchandise of foreign growth or manufacture, or distilled spirits, if there be any other than sea stores on board such vessel, than is therein mentioned ; and, if there be none such, he must so swear; and, if there be no cargo on board, he must produce a manifest declaring that fact, certified by the collector or surveyor of the district from whence she last sailed. Thereupon such collector or surveyor must grant a permit for unlading the whole or part of such cargo, if any there be, within his district, as the master may request; and, where a part only of the merchandise of foreign growth or manufacture, or of distilled spirits, brought in such vessel, is intended to be landed, the collector or surveyor must make an indorsement of such part on the back of the manifest, specifying the articles to be landed; and shall return such manifest to the master, indorsing also thereon his permission for such vessel to proceed to her further destination. (Rev. Stat., $ 4,355.)

The penalty for failure is one hundred dollars on the master, and the forfeiture of merchandise of foreign growth or manufacture and of distilled spirits, not certified as required, found on board or landed from such vessel; and the forfeiture of the vessel, also, if such merchandise shall amount to the value of eight hundred dollars ($ 4,356).

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

51. The master of every vessel of the burden of twenty tons or upward, licensed for carrying on the coasting trade, when obliged, as stated in paragraph 4, to make clearance from his port of departure, must, on his arrival at his destination, comply with the requirements stated in paragraph 50, under like penalty. (Rev. Stat., SS 4,355, 4,356.)

Registered Vessels of the United States. 52. The master of any registered vessel of the United States must make entrance of his vessel, on his arrival in any district from any other district, unless it be another district in the same State, or in a State adjoining on the sea-coast; and even then, if she have distilled spirits or foreign merchandise, so that she would have been obliged to make entrance, if the vessel had been under license; or if the certificate of registry bear an indorsement of rebate of duty upon material used in construction or repair of the vessel. (Rev. Stat., $ 4,361; Treasury Decisions, 4,064, 4,294, 4,468.) See paragraph 5.

Upon making such entrance she must pay United States Marine Hospital tax. (Rev. Stat., $ 4,585.)

Registered Vessels via Intermediate Foreign Port. 53. Any vessel, registered under the laws of the United States, may trade from port to port thereof, and touch at intermediate foreign ports to unlade or lade merchandise, letters, mails, passengers and their baggage. On her arrival at the domestic port, a certified manifest must be produced from the domestic port of departure setting forth the particulars of the cargo, the marks, number of packages, by whom shipped, to whom consigned, at what port to be delivered ; designating such merchandise as is entitled to drawback or to the privilege of being placed in warehouse. Such vessels are subject also to all the laws relating to vessels arriving from foreign ports. (Rev. Stat., $3,126.) It seems that two entrances should be made, namely, coastwise and foreign. See paragraph 21.

Vessel at a Port not of Destination. 54. The master of any vessel employed in the transportation of merchandise from district to district that puts into a port other than the one to which she is bound, must, within twenty-four hours of his arrival, if there be an officer of the customs residing. at such port, and she continue there so long, make report to such officer of his arrival, with the name of the place he came from, and of that to which he is bound, with an account of his lading, under a penalty of twenty dollars. (Rev. Stat., $4,366.) It seems that he must make entrance if he desire any permit.

Bond for Lost Certified Manifest. 55. The 23d section of chapter viii, February 18, 1793, required that a bond should be taken, if the master of a vessel, on his arrival at a port with foreign merchandise or distilled spirits, should have lost or mislaid his certified manifest and permit to proceed; but this requirement seems to have been omitted from the Revised Statutes.

Foreign Merchant Vessels. 56. The master of any foreign vessel, on his arrival within any district from any other district, previous to the unlading of any merchandise, and within forty-eight hours after his arrival, must deliver to the collector of the district within which he has arrived the manifest of the merchandise laden on such vessel, if any there be, or of his declaration that there is ballast only, if that be the case, and must also deliver the permit to proceed obtained from the collector at the port whence he sailed, and must swear to the truth of such manifest; must also swear that the manifest contains an account of all the merchandise which was on board such vessel at the time of her departure from the port whence she is last reported to have sailed, and of what has been on board since. (Rev. Stat., $ 4,368.) The penalty upon the master for failure is one hundred dollars ($ 4,369).

« SebelumnyaLanjutkan »