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manifests were lost or mislaid, without fraud or collusion, or were defaced by accident, or became incorrect by mistake (S 2,810.)
Passenger Lists. 93. The master of any vessel arriving from any foreign place must, at the time when the vessel is first boarded, if the vessel have merchandise, or, at the time when the vessel makes entrance, if there be no merchandise, report to the collector a list of all the passengers taken on board of the vessel at any foreign place; in which list he must designate particularly the name, age, sex, occupation, the country to which belonging, and the country of intended inhabitancy, and the part of the vessel occupied, of the passengers respectively, and must specify which, if any of them, died upon the voyage.
The list must be verified, by the oath of the master, before the collector, at the time of the entrance of the vessel.
A failure of the master to comply with any part of the foregoing subjects the master to a penalty of five hundred dollars, or one thousand dollars. (Rev. Stat., SS 4,266, 2,814, 2,774.)
The master must also produce whatever passenger list is required by State or municipal law. Such list, however, is usually produced after entrance of the vessel.
Production of Crew List, and of Persons named Therein.
94. The master of any merchant vessel of the United States, on the return of the vessel from a foreign port, or from the whale fishery, must exhibit the certified copy of the list of the crew, to the first boarding officer, at the first port in the United States at which he shall arrive, and produce to him the persons named therein, and the boarding officer must examine the men with the list, and make report to the collector.
Satisfactory proof must be subsequently exhibited to the collector, as to any person who died, absconded, or was forcibly impressed into other service. The oath of the master is usually accepted.) A certificate under the hand and official seal of the consul, vice-consul, commercial agent, or vice-commercial agent, is sufficient to excuse the non-production of any man who was discharged with the consent of such officer. (Masters should be careful to secure such certificate upon the crew. list, as well as upon the shipping articles, or in preference to the latter.)
If the port of arrival be different from the one which issued the crew list, the collector must transmit a copy of the list so reported
to him by the boarding officer (and of the supplementary accounting) to the collector who issued the crew list. (Rev. Stat., $ 4,576.)
Report of Arrival by the Master. 95. Within twenty-four hours after the arrival of any vessel from
any foreign port, at any port of the United States established by law, or within any harbor, inlet, or creek of such port, if there be an officer of the customs resident there, and the hours of business at the office of the chief officer of customs at the port permit, or as soon thereafter as such hours will permit, the master must repair to such office and report to the chief officer the arrival of the vessel. (Rev. Stat., $2,774.)
It seems that this would be unnecessary if the boarding officer of the port has already visited the vessel and received report of the arrival.
Pleasure Yachts. 96. A pleasure yacht of the United States, or of any foreign nation, on her arrival from any foreign port, must be entered at the custom-house of the port at which she arrives first. (Rev. Stat., SS 4,214, 4,216, 4,218.) This appears to involve the necessity of having manifests, making report, etc.
Quarantine. 97. Any vessel arriving in or bound for any port or district of any State, must observe the quarantines and other restraints established by its health laws, and customs officers must aid in the execution of them.
After report to the collector of the vessel and the whole of her cargo, he may grant a warrant or permit for the unlading of the vessel elsewhere than at the port of entry or delivery, as the health laws require or allow, under the care of the surveyor or of one or more inspectors.
The cargo must be deposited at the risk of the owners, in such public or other warehouses or inclosures as the collector designates, to remain in joint custody of the collector and of the owner or master until complete unlading, and until they can be removed without contravening the health laws. Thereupon, and after payment of duties, and a reasonable rate, of storage, the collector may grant permits for the owners or consignees respectively to receive their merchandise.
The Secretary is authorized to prolong the term for the entrance
of the vessel, and to vary or dispense with other regulations as to reports or entries. (Rev. Stat., SS 4,792, 4,793, 4,793, and 4,796.)
Change of Destination. 98. Within forty-eight hours after the arrival of the vessel within the district she may proceed to another district without making entrance or clearance. (Rev. Stat., $ 2,780.)
The master should take with him the original certified manifest. (Decision 1,046, March 5, 1872.)
The statute does not declare that the master may change the destination of the vessel, and alter the specification in the manifest accordingly, within forty-eight hours. It declares what he must do, unless he shall depart within forty-eight hours; but does not say that such departure may be for any other destination than that specified in the manifest. But, as a matter of fact, the masters do change their destinations, and alter their certified manifests.
Permit to Coal before Entrance. 99. To facilitate dispatch of steamers, a permit is granted to those which ply statedly, forming a line, to lade coal, in anticipation of the entrance of the vessel. (Treasury letter, June 28, 1877.)
Entrance before Obtaining other Permits. 100. No other permit is granted until after the entrance of the vessel. This may rest upon the principle that the law, as to report and entrance, must be observed before any permit can be asked.
Further Report and Entrance. 101. Within forty-eight hours after the arrival of the vessel within the district, if she shall not have meanwhile departed for another district, the master must produce to the collector the register or other document in lieu thereof, with the clearance and other papers granted by the officers of the customs at her departure from the port from which she has arrived, together with the original manifest, also the duplicate thereof, if it be remaining in his possession, and must take the oath on entrance. (Rev. Stat., SS 4,209, 2,774, 2,790.) Sunday is to be excluded in computing the fortyeight hours. (Decision 4,107, July 22, 1879.)
But fees and charges must first be paid. It is usual to have the passenger list verified at the same time with the manifest.
Special Report of Spirits and Wines. 102. The master of any vessel having on board distilled spirits or wines must, in addition to the report of arrival, and report and entrance, within forty-eight hours after his arrival, whether the same be at the first port of arrival of such vessel or not, report in writing, to the surveyor or officer acting as inspector of the revenue of the port at which he has arrived, his own name, the denomination, name and tonnage of the vessel, and to what nation belonging, together with the quantity and kinds of spirits and wines on board of the vessel, particularizing the number of casks, vessels, cases, or other packages containing the same, with their marks and numbers, as also the quantity and kind of spirits and wines on board such vessel as sea stores, under penalty of five hundred dollars, and forfeiture of spirits or wines omitted. (Rev. Stat., § 2,775.)
Deposit of Register, etc. 103. The register or document in lieu thereof of a vessel of the United States must remain with the collector until after the clearance of the vessel. (Rev. Stat., $ 2,790.)
Of foreign vessels also it must so remain, except of vessels of nations which permit consuls of the United States to have the custody; in which latter cases, after the exhibition to the collector of the register, etc., the master must produce to the collector, within forty-eight hours after the entrance of the vessel, a certificate, from the consul or vice-consul, that the papers are on deposit with him. The penalty on the master of a foreign vessel who fails to comply with the requirements above stated is not less than five hundred dollars, nor more than two thousand. (Rev. Stat., SS 4,209, 4,210.) In practice, however, the certificate of the consul is usually produced at the time of entrance.
Deposit of Crew List of United States Vessel. 104. The master of any vessel of the United States must produce his crew list, to be deposited with the collector. If the boarding officer's certificate does not show all the men to have returned, except those accounted for by the indorsements of consuls, the master must furnish supplementary evidence, which is usually his own oath. (See paragraphs 35 and 94.) It is usual and convenient to have this done before the entrance, but under the law as it stands it does not seem to be a prerequisite.
Payment of Federal Fees and Charges. 105. The fees and charges under United States laws must be collected before the acceptance of the oath of the master, for the latter is considered to be the entrance of the vessel. Among these are fees for services of the collector and the surveyor, in relation to the entrance and unlading of the vessel.
Tonnage Duty. 106. A duty of thirty cents per ton on the tonnage of the vessel must be paid once in a twelvemonth on any vessel upon her making entry from any foreign port. (Rev. Stat., SS 4,219, 4,223.)
A vessel licensed for the fisheries, touching at a foreign port under a permit to touch and trade, if she shall have been actually employed in catching fish, is not subject on arrival in a port of the United States to tonnage duty. (Decision 3,467, February 2, 1878.) But such vessels are otherwise subject to the same regulations as other vessels from foreign ports (Rev. Stat., $4,364), and must also pay tonnage duty, unless free on the ground above stated.
Mail steamships of the United States employed in the mail service between the United States and Brazil are exempted from all port charges and custom-house dues in the ports of the United States so long as similar immunity is granted in Brazil. (Rev. Stat., $ 4,232.)
This duty is not exacted from pleasure yachts of the United States. And pleasure yachts, belonging to any regularly organized yacht club of any foreign nation, which extends like privileges to the yachts of the United States, have the privilege of entering any port of the United States without paying tonnage duty. (Rev. Stat., $ 4,216.)
107. The duty is fifty cents per ton, instead of thirty, upon any vessel of the United States, any officer of which is not a citizen of the United States. (Rev. Stat., $ 4,219.) The officers of a vessel are the master and mates, and, if the vessel be a steamer, the engineers and pilots in addition. (Decision 3,938, March 25, 1879.)
108. In addition to the charge stated in paragraph 106, a duty of thirty cents per ton on the tonnage of the vessel is chargeable upon recorded vessels owned wholly or in part by subjects of foreign powers who discriminate against vessels of the United States — i. e., upon vessels built in the United States and “recorded such, and owned as specified ($ 4,219).
109. In addition to the charge stated in paragraph 106, a duty