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to seizure and condemnation, as in other cases of unlawful delivery of unentered goods.

XXI. And be it enacted, That the several naval-of- Naval officers ficers, and searchers, shall be subject, the former to be and searchers how suspendsuspended, the latter to be suspended or displaced, at ed or remothe pleasure of the executive, and shall in the mode of ved. keeping their offices and books, and in the forms of making out their permits, certificates, returns, and other instruments of writing, obey such instructions as they may from time to time receive from the executive. And any member of the executive may at any time, with the approbation of the board, visit the several places where the naval-offices are kept, or searchers appointed; and shall have power to inspect their offices, books, and public papers, and to suspend any of the said officers for the space of one month, appointing another person to do the duties of the office in the mean time. such member of the executive, during the time of forming such visit, shall be entitled to his salary, and shall moreover be allowed fifteen shillings per day for his travelling expences. Each naval-officer shall keep Seal of office a seal of office, of a form and device to be approved by the executive, and shaft deposit with each of the other naval-officers, and with each of the searchers of his district, an exact impression thereof.

And

Subject to controul of per- executive.

When ships

XXII. And be it enacted, That if any ship or other vessel coming from sea, or from Maryland, shall pass to enter. Newport-News point without first making entry with the naval-officer, such ship or other vessel, together with her rigging, tackle, apparel and furniture, shall be liable to seizure and condemnation in the court of admiralty, one half to the commonwealth, the other half to the person suing for the same.

XXIII. And be it enacted, That in future all registers of ships or other vessels shall be granted by the executive, and shall be signed by the governor, with the seal of the commonwealth annexed. And the clerk of the council shall, before he delivers any such regis fer, demand and receive fifteen shillings, if the vessel be under one hundred tons, and thirty shillings, if the vessel be of great burden; which money, after a deduction of two and a half per centum, as a commission to the said clerk, shall by him be quarterly paid into the treasury.

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Registers of

vessels.

recovered.

Duty on XXIV. And be it enacted, That the owner or imgoods bro't by land, how porter of any goods, wares, or merchandise, who shall bring the same by land into this commonwealth, shall, before he shall take any such goods, wares, or merchandise out of the waggon or other carriage, in which they may be brought into this commonwealth, go before the clerk, his deputy, or some acting magistrate of the county in which he wishes to unload any such wagon or carriage, and produce before such clerk, his deputy, or magistrate, an account of the quantity of any such goods which shall be in the said waggon or carriage, and also an invoice of the quantity and first cost of any other goods, wares, or merchandise, which may be in the same, and shall moreover make oath that the said account and invoice contain a true and just account of goods, wares, and merchandise, which he has brought in the said waggon or other carriage into this state. And if any such importer or owner shall unload any such waggon or other carriage, containing any of the above goods, wares, or merchandise, brought into this state by land, without having first entered the same as directed above, every such waggon or other carriage, together with the horses thereto belonging, and all such goods, wares, and merchandise, a shall be brought therein, shall be forfeited, and recovered by information in the court of the county; two thirds to the informer, and one third towards lessening the levy of the county where such conviction shall be made.

To whom

paid.

XXV. And be it further enacted, That every such importer or owner, on making such entry with the clerk, his deputy, or a magistrate, shall pay the duties directed by this act to be paid on such articles as shall be contained in the said account or invoice, or shall enter into bond with sufficient security to such magistrate, the clerk, or his deputy, for the payment of the same within six months. And where any such bond shall be given to a magistrate, he shall return the same within twenty days to the clerk of the court. And any such magistrate, clerk, or his deputy may, in case any importer or owner, of any such goods, wares, and merchandise, shall fail to pay the duties imposed thereon, or give bond as aforesaid, proceed (in like manner as is directed above for the naval officers) to seize and sell for ready money, at public sale, so much of the said goods as will pay the duties on the same.

XXVI. And be it further enacted, That it shall and may be lawful for any such magistrate, clerk, or his deputy, when any such entry shall be made with either of them, to open and examine any one or more bale, cask, or package, contained in such entry; and if the goods contained in any such bale, cask, or package, shall exceed by fifteen per cent. either in quantity or value, the quantity or value mentioned in the said entry, the waggon, horses, and all the goods, of what kind soever, shall be forfeited; to be recovered and divided in manner above directed.

Goods may

be examined.

Penalty for failure to en

ter goods brought by

land

How such du

XXVII. And be it further enacted, That any such importer or owner bringing any such goods, wares, and merchandise into this state by land, who shall fail to make such entry, shall for every waggon or other carriage so employed, forfeit and pay the sum of twenty pounds; to be recovered and divided in the manner above directed. Provided, That he shall not be subject to this penalty, if the goods so imported and not entered, are themselves seized. Provided also, That no such information shall be filed more than six months after such entry ought to have been made. XXVIII. And be it further enacted, That when any such importer or owner shall fail to pay such duties on ties recoversuch goods, wares, and merchandise, when the same able. becomes due, it shall and may be lawful for the clerk of the court of the county where such bond is given, or his deputy, to move for judgment in the said court against the principal or his security, and the court is hereby authorized, previous notice being given of such motion, to give judgment for the same with interest, and five per cent. damages; and when execution issues, the clerk shall endorse "no security to be taken.”All monies received by the clerks of the county courts by virtue of this act, shall be accounted for and paid by them in the same manner, and with the same allowance for their trouble, as the money arising on law process, and they shall be subject in case of neglect, to the same penalties and forfeitures that they are in that case.

Searchers, for such goods, how

XXIX. And be it further enacted, That it shall and may be lawful for the executive to appoint one or more searchers in any part of this state, to carry this part of appointed. this act into execution. And for the purpose of establishing and regulating drawbacks,

Drawbacks, rules con. cerning.

XXX. Be it enacted, That draw-backs shall be allowed after the first day of February next, under the limitations and restrictions herein after mentioned:That no draw-backs shall be allowed for any merchandise liable to duty exported out of the state, unless exported within sixty days after importation thereof by the original importer, and by water, and unless exported in the original cask or package in which they were imported unbroken, and in vessels belonging to a citizen or citizens of the United States, or in the vessel in which they were originally imported; and such importer desiring to export such merchandise, shall deliver to the naval officer of the port from whence the same is intended to be exported, at the titne of obtaining a permit to lade such merchandise on board any vessel, a fair manifest, containing the marks and numbers of the pipes, hogsheads, trunks, casks, bales, packages, or other things containing any such dutiable merchandise, and a full and particular list of all the articles thereof, with the cost, according to the account by which the duties thereon were ascertained, and shall make oath or affirmation, to be endorsed on such manifest, containing also a description of the vessel in which they were imported, and the time of importation, and that it is a true manifest of all the dutiable merchandise intended to be re-exported in the vessel mentioned in the permit, and that the merchandise mentioned in such manifest were duly entered, and the duties thereon paid or secured to be paid according to law; which manifest shall be transmitted by the naval officer to the auditor of public accounts; and such importer shall also give bond with sufficient security, that the said merchandize shall be exported out of the state without fraud or deceit; which bond shall be transmitted to the solicitor by such naval officer: And the master or skipper of the vessel receiving such merchandise, shall take a clearance thereof, and make oath or affirmation to the manifest thereof, that he will not land or permit to be landed, such merchandise in any part of this state, but will deliver the same (dangers of navigation only excepted) at the place inentioned in the clearance; and if such exporter shall within six months after the date of such bond, produce a certificate from a naval officer, notary public, or chief magistrate of any other state or country, that

such merchandise was duly entered in such state or country, or shall make it appear within six months from the time such goods may be shipped, by indifferent testimony, to the satisfaction of any two judges of the court of admiralty in or out of session, that the vessel in which such goods, wares, and merchandise, may have been exported, and the cargo shall have been lost by tempest, or other accident, in such cases, the exporter shall be entitled to receive from the treasury, the duties which shall have been paid on such re-exported goods, wares, or merchandise, or to have the bond securing such duties cancelled, where such bond shall not have been paid. Provided, That no draw-back shall be allowed unless demanded within three months from the time of the re-exportation of any such goods, wares, or merchandise, except where the cargo shall have been lost by tempest or other accident, nor on any sum less than the value of fifty pounds, nor until a permit to lade such merchandise on board any ship or vessel, shall have been first had and obtained from the naval officer of the port from whence the same is intended to be exported.

XXXI. And provided also, That no draw-backs Proviso, as to shall be allowed, except for goods which shall have draw.backs. been actually landed, and afterwards re-shipped for exportation, and unless the manifest thereof specifying the casks, packages, and parcels, with the marks and numbers of the same, and the vessel in which they were imported, shall have been certified by the searcher to the naval officer, before any permit for the exportation of the same shall be granted.

towmack.

XXXII. And be it further enacted, That the keepers Duty of keep. of the several ferries established by law, over the river ers of ferries Potowmack, shall, on or before the first day of June over the Ponext, enter into bond with good and sufficient securities, in the penalty of fifty pounds, with the courts of the respective counties in which the said ferries are kept, payable to the governor for the time being, conditioned, that they will examine all waggons and carts going from this commonwealth over the said river at the respective ferries, which they are hereby authorised to do, and will not suffer any waggon or cart, Joaded wholly or in part with tobacco, to pass the said ferries, or tobacco to be carried over the said ferries in any other manner whatsoever, unless the person carrying

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