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gers, or both, with their baggage, specifying the number and description of packages belonging to each, respectively; together with an account of the remaining sea stores, if any.(1) For form of a manifest, see Appendix,
1405. If merchandise be imported, destined for different districts or ports, the quantities and packages thereof, shall be inserted in successive order in the manifest; and all spirits, wines and teas, constituting the whole or any part of the cargo of any vessel, shall be inserted in successive order, distinguishing the ports to which they may be destined, and the kinds, qualities and quantities thereof; and if merchandise be imported by citizens or inhabitants of the United States, in vessels other than of the United States, the manifests shall be of the form, and shall contain the particulars aforesaid, except that vessels shall be described specially.(1) For form of description, see Appendix, No. 6.
1406. If any goods be imported into the United States, in any vessel belonging in the whole or in part to a citizen or inhabitant thereof, from any foreign place, without having a manifest on board, agreeably to the foregoing directions, or which shall not be included therein, or shall not agree therewith; the master of such vessel shall forfeit and pay a sum of money equal to the value of the goods not included therein; and all such merchandise not included in the manifest, belonging or consigned to the master, mate, officers or crew of such vessel, shall be forfeited; unless it be made to appear to the satisfaction of the collector, naval officer and surveyor, or to the major part of them, where those officers are established at any port, or to the satisfaction of the collector alone, where either of the other of the said officers are not established, or to the satisfaction of the court on which a trial shall be had concerning such forfeiture, that no part of the cargo had been unshipped after it was taken on board, except such as shall have been particularly specified and accounted for in the report of the master; and that the manifests had been lost or mislaid, without fraud or collusion, or that they were defaced by accident, or incorrect by mistake; when the forfeiture shall not be incurred.(2)
1407. Every master of such vessel, laden with goods, and bound to any place in the United States, shall, on his arrival within four leagues of the coast, or within any of the bays, harbours, ports, rivers, creeks, or inlets thereof, upon demand, produce the manifests in writing, which he is required to have, to such officer of the customs as shall first come on board for inspection, and shall deliver to him true copies thereof, (which shall be provided and subscribed by the master.) The officer to whom the original manifests shall have been so produced, shall certify upon the back thereof, that they were produced, and the day and year on which they were so produced, and that such copies were to him delivered, and by him examined with the original manifest; and shall certify upon the back of such copies, the day and year upon which they were delivered, and shall forthwith transmit them to the respective collectors of the several districts to which the goods, by such manifests, shall appear, respectively, to be consigned.(3)
1408. The master of such vessel shall produce to the officer of the customs who shall first come on board, upon her arrival within the limits of any district of the United States, in which the cargo, or any part thereof, is intended to be discharged, for his inspection, such manifests, and shall deliver to him true copies thereof, (provided and subscribed by the master,) the production of which manifests, and the delivery of which copies, shall
(1) Act 2d March, 1799, sec. 23. (2) Ibid. sec. 24.
(3) Ibid. sec. 25.
be certified by such officer upon the back of the original manifests, with the particular day and year when such were produced to him, and when he so received the copies thereof; and he shall forthwith transmit such copies to the collector of that district; and the master shall afterwards deliver the original manifests, so certified, to the collector.(1)
1409. When any manifest shall be produced, upon which there shall be no such certificate from any officer of the customs, the master producing it, shall make oath or affirmation, that no officer has applied for, and that no endorsement has taken place on, any manifest of the cargo of such vessel. Such master shall not be required to deliver more than one copy of each manifest to the officer who shall first come on board, within four leagues of the coast of the United States, and one other copy to such officer as shall first come on board within the limits of any district for which the cargo, or some part thereof, shall be destined, or to deliver any such copy to any other officer; but it shall be sufficient, in respect to any such other officer, to produce and show to him the original manifests, and the certificates thereupon.(1) For the form of the certificate to be endorsed on an origiual manifest, see Appendix, No. 7.
For the form of the certificate to be endorsed on the copy of a manifest, see Appendix, No. 7.
1410. If the master of a vessel so laden, and bound to any place in the United States, shall not, upon his arrival within four leagues of the coast, or within the limits of any district thereof, where the cargo of such vessel, or any part thereof, is intended to be discharged, produce the manifests heretofore required, in writing, to the proper officer, upon demand thereof, and deliver such copies in each case, or shall not deliver an account of the true destination of such vessel, which he is required to do, upon request of such officer, or shall give a false account of such destination, in order to evade the production of the manifests, such master shall forfeit for every such neglect, refusal, or offence, a sum not exceeding five hundred dollars.(2)
1411. And if such officer first coming on board, in each case, within the distance or limits aforesaid, shall neglect or refuse to certify on the back of such manifests, the production thereof, and the delivery of such copies, respectively, he shall forfeit and pay the sum of five hundred dollars.(2)
1412. The officer who may apply to the master, having the charge or command of such vessel, respecting any of the foregoing provisions, and who shall not receive full satisfaction therein, shall make return in writing of the name of the vessel and master so offending, in any or all of the particulars required, immediately, or as soon after as possible, to the collector of the district to which such vessel shall be considered to be bound.(2)
1413. If, after the arrival of any vessel so laden with goods, and bound to the United States, within the limits of any of the districts, or within four leagues of the coast thereof, any part of the cargo of such vessel shall be unladen for any purpose whatever, before she come to the proper place for the discharge of her cargo, or some part thereof, and be there duly authorized, by the proper officer of the customs, to unlade the same, the master of such vessel, and the mate, or other person next in command, shall, respectively, forfeit and pay the sum of one thousand dollars, for each such offence, and the goods so unladen shall be forfeited, except in the case of some unavoidable accident, necessity, or distress of weather; of which the
(1) Act 2d March, 1799, sec. 25.
(2) Ibid. sec. 26.
master of such vessel shall give notice to, and, together with two or more of the officers or mariners (of which the mate, or other person next in command, shall be one) on board such vessel, shall make proof upon oath before the collector, or other chief officer of the customs of the district within the limits of which such accident, necessity, or distress, shall happen, or the first district of the United States, within the limits of which such vessel shall afterwards arrive, if such accident, necessity, or distress, shall have happened not within the limits of any district, but within four leagues of the coast of the United States; which oath the collector, or other chief officer, shall administer.(1)*
1414. If any goods so unladen from on board such vessel, shall be received into any other vessel, except in the case of such accident, necessity, or distress, the master of the vessel into which the goods shall be received, and every person aiding and assisting therein, shall forfeit and pay treble the value of the goods, and the vessel in which they shall be so put shall be forfeited.(2)
1415. The register, or other document in lieu thereof, together with the clearance and other papers, granted by the officers of the customs to any foreign vessel, at her departure from the port from which she may have arrived, shall, previously to entry in any port of the United States, be produced to the collector with whom such entry is to be made. And it shall be the duty of the master, within forty-eight hours after such entry, to deposite such papers with the consul or vice-consul of the nation to which the vessel belongs, and to deliver to the collector the certificate of such consul or viceconsul, that they have been so deposited; and any such master who shall fail to comply with this regulation, shall, upon conviction thereof, in any court of competent jurisdiction, be fined in a sum not less than five hundred dollars, nor exceeding two thousand-dollars.(3)
1416. But the preceding article shall not extend to the vessels of foreign nations, in whose ports American consuls are not permitted to have the cus
(1) Act 2d March, 1799, sec. 27. (2) Ibid. sec. 28.
(3) Act 3d March, 1817, sec. 1.
One cannot set up the defence that goods unladen within this section, were unladen by accident, necessity, or distress, unless he has made the requisite proofs stated in the section, and before the collector, or has been prevented by inevitable accident, &c. from furnishing such proofs.-United States v. Hayward, 2 Gallis.
The accident, necessity, or distress, are not necessarily marine accidents or necessities, occasioned by stress of weather. A capture by an enemy is within the provision of the clause, and an unlivery, occasioned by actual capture, or an imminent or pressing danger of capture, will be as good a justification as if it were occasioned by a tempest or shipwreck. But the peril must be immediate, and operating directly on the subject matter. It must be so instant and pressing, as to leave no hope of escape, or of preserving the property by ordinary means, or by delay for the ordinary authority; in no other case can it be considered as unavoidable.-Ibid.
The 27th section of Act 2d March, 1799, comprehends foreign as well as American vessels, bound to the United States.-The Betsy, Mason, 354. Where there has been an unlading at sea, contrary to the above section, the vessel is not thereby subject to forfeiture, but the master or other officer is liable to penalties. The vessel can be forfeited only where the unlading takes place after the arrival of the vessel within the United States, under the 50th section of Act 1799.-U. States v. The Hunter, C. C. U. S. P. Jan. 1806, Coxe's Dig. 667.
Under the 27th and 28th sections, (supra) unless the libel set forth the fact that the merchandise was taken out of the vessel, within four leagues of the coast, the offence is not sufficiently laid, and condemnation will not be decreed.-U. States v. The Virgin, 1 Peters, C. C. R. 7.
tody and possession of the register, and other papers of vessels entering the ports of such nation, according to the provisions of 2nd section, of act 28, February, 1803.(1) See supra art. 463, page 102.
1417. No foreign consul shall deliver to the master of any foreign vessel, the register and other papers deposited with him, pursuant to article 1415, until such master shall produce to him a clearance, in due form, from the collector of the port where such vessel has been entered; and any consul offending against this provision, shall, upon conviction thereof, before the supreme court of the United States, be fined, at the discretion of the court, in a sum not less than five hundred dollars, nor exceeding five thousand dollars.(2)
ART. 1418. Within twenty-four hours after the arrival of any vessel, from any foreign place, at any port of the United States established by law, at which an officer of the customs resides, or within any harbour, inlet or creek thereof, if the hours of business at the office of the chief officer of the customs at such port will permit, or as soon thereafter as such hours will permit, the master shall make report to the chief officer of the arrival of his vessel, and within forty-eight hours after, shall make a further report, in writing, to the collector of the district, which report shall be in the form, and shall contain all the particulars, required to be inserted in a manifest, and the mas ter shall declare to the truth of such report or manifest, as the same ought to be, on oath, before the collector.(3)
For form of report, see Appendix, No. 9.
1419. And the master of any vessel having on board distilled spirits, wines or teas, shall, within forty-eight hours after his arrival, whether the same be at the first port of arrival or not, in addition to the requirements before mentioned, report in writing, to the surveyor or officer acting as inspector of the revenue of the port at which he shall so arrive, the foreign place from which he last sailed, the name of his vessel, his own name, the burthen and denomination of such vessel, and whether a vessel of the United States, or to what other nation belonging, together with the quantity and kinds of spirits, wines and teas, on board, particularizing the number of casks, vessels, cases, or other packages, containing the same, with their marks and numbers, and the quantity and kinds of spirits, wines and teas,
(1) Act 3 March, 1817, sec. 1. (2) Ibid, sec. 2.
(3) Art. 2 March, 1799, sec. 30.
on board, as sea stores, on pain of forfeiting and paying the sum of five hundred dollars, and the loss of the spirits so omitted. (1)*
For form of report, see Appendix, No. 9.
1420. If the master shall omit to make such reports, or either of them, (other than that required to be made to the surveyor or inspector of the revenue) and the declaration or declarations, or to take the oath as required, or shall not fully comply with the true intent and meaning of this provision, as the case may be, he shall, for each offence, forfeit and pay the sum of one thousand dollars.(1)
1421. The master of a vessel employed by any prince or state as a public packet, forbidden by the laws of her country to be engaged in the transportation of goods in the way of trade, shall not be required to make such report or entry.(2)
1422. If any vessel which shall have arrived within the limits of any district of the United States, from any foreign place, shall depart or attempt to depart therefrom, unless to proceed on her way to some more interior district to which she may be bound, before report or entry shall have been made by the master, with the collector of some district of the United States, the master shall forfeit and pay the sum of four hundred dollars; any collector, naval officer, surveyor, or commander of any of the cutters may arrest and bring back, or cause to be arrested and brought back, such vessel, to the most convenient port of the United States. But if it shall be made to appear, by the oath of the master and of the person next in command, or other sufficient proof, to the satisfaction of the collector of the district within which such vessel shall afterwards come, or to the satisfaction of the court in which the prosecution for such penalty may be had, that the departure, or attempt to depart, was occasioned by distress of weather, pursuit, or duress of enemies, or other necessity, the penalty shall not be incurred.(3)
1423. The preceding article shall not extend to a vessel arriving from a foreign port, and passing through the conterminous waters of a river, which forms the boundary between the United States and the territory of a foreign state, for the purpose of proceeding to such territory.(4)
1424. But no vessel arriving at any port within the United States where a post office is established, shall be permitted to report, make entry, or break bulk, until the master shall have delivered to the postmaster, all letters directed to any person within the United States or the territories thereof, which, under his care or within his power, shall be brought in such vessel, except such as are directed to the owner or consignee of such vessel. And the collector or other officer of the port empowered to receive entries of vessels, shall require from every master of such vessel, a declaration on oath of his hav ing delivered all such letters. And if such master shall break bulk, before he shall have complied with the above requisition, he shall, on conviction, forfeit for every such offence, a sum not exceeding one hundred dollars.(5)
1425. The postmaster to whom such letters shall be delivered, shall pay to the master or person delivering them, except the commanders of foreign packets, two cents for each letter or packet, and shall obtain from him a certificate, specifying the number of letters and packets, with the name of
(1) Act 2d March, 1799, sec. 30. (2) Ibid. sec. 31.
(3) Ibid. sec. 29.
(4) The Appollon, 9 Wheat. 362.
The foregoing provisions apply to all vessels arriving at port, whether the arrival be voluntary or by stress of weather, or the port be the intended port of discharge or not.—United States v. Webber, 1 Gallis, 392.