« AnteriorContinuar »
proportion of the tonnage, as will correspond with the proportion which the bulk of such part bears to the bulk of the whole cargo; such proportion of the tonnage to be ascertained by the persons to be appointed by the naval officer, who shall act upon oath, and report their opinion io such officer. And no other part of the said cargo liable to duty shall be unladen or put on shore.
XIX. No owner, master, or commander of any vessel shall sell or permit to be sold on board of the same in retail any goods, wares, or merchandize liable to a duty.
XX. No person shall be required to give account upon oath of the true contents of any pipe or lesser cask of wine, or hogshead or lesser cask of spirits, beer, ale, porter, cyder, or molasses imported, but shall have liberty to enter a pipe or hogshead as aforesaid at one hundred and ten gallons, and all lesser casks after the same proportion.
XXI. When any naval officer or searcher shall have good reason to suspect that any package or parcel of goods contains any article that has not been entered, it shall be lawful for such officer to open and examine in company with a justice of the peace such package or parcel.
XXII. It shall be lawful for the naval officers or searchers having good cause to suspect that any goods, wares, or merchandize on which duties have not been paid, are stored and secreted in any house, to apply to a justice of the peace, or alderman of a corporation for a warrant, which warrant shall not be granted but on information on oath, and being accompanied with a constable, to break open in the day time such suspected house when it may be necessary, and any goods so found, on which the duties have not been paid or secured to be paid, may be seized and carried away.
XXIII. No goods, wares, or merchandizes whatsoever shall be delivered or unladen from any vessel importing the same, unless it be between sunrise and sunset, unless compelled by ice, tempest or other stress of weather, in which case the master of such vessel shall enter a protest with some justice of the peace within twenty four hours, and give immediate notice thereof to the naval officer or searcher.'
XXIV. For all duties except those arising from seamen or mariners, the naval officer may take bonds payable at the end of six months with one or more securities.
XXV. The duties arising on tonnage shall either be paid down to the naval officer at the time of entering any vessel, or the person entering any such vessel shall deposit with the naval officer such goods as shall in the opinion of such naval officer be sufficient to secure the payment thereof at the end of one month; and if the said goods be not redeemed at the expiration of the time aforesaid, the naval officer shall sell the same, or so much thereof as shall be sufficient to pay the said tonnage and the expence attending the sale.
XXVI. The several naval officers shall pay quarter, ly into the treasury all monies coming into their hands by virtue of this act.
XXVII. All bonds taken by the naval officers for duties imposed at the time of entry shall be by them retained in their respective offices until the same shall become due; and all bonds so retained and remaining unpaid at the succeeding quarter shall be by the naval officers transmitted to the solicitor general, for which two receipts shall be given by the solicitor to the naval officer transmitting the same, who shall deposit with the auditor of public accounts one of such receipts and a list of the bonds so transmitted to the solicitor, in order that the auditor may charge the solicitor with all such bonds.
XXVIII. At any of the four terms of the general courts, or at the court of the county of Heprico, after the transmission of such bond, the solicitor may move without notice for judgment against the principal and securities of such bond; and the said courts are hereby authorised to give judgments for the sums due, and five per centum interest, and costs; and on the executions to be issued thereupon the clerk shall indorse "No security to be taken.”
XXIX. And so soon as the solicitor shall receive all. Ol' any part of the sums due on such bonds or execuLions, he shall iminediately pay the same into the treasury, with a deduction of one per centum to be paid out of the money arising from the interest on such bonds, and the receipts obtained therefor shall entitle him to a credit with the auditor.
XXX. It shall be the duty of the naval officers to keep registers of all district permits by them granted.
XXXI. Whensoever any vessel shall come into any port of this commonwealth in distress, it shall be lawful for the naval officer of the district to permit such part of her cargo to be sold as may be necessary for:repairing any damage which she may have sustained, and thereafter the said vessel shall be at liberty to depart for any port or place without this commonwealth, without paying any of the duties or tondage, or being obliged to comply with any of the rules and regulations which it would have been necessary to have paid or complied with in case her cargo had been destined to be delivered at some port within this commonwealth, except the tonnage appropriated to the support it a light house. Double tonnage shall be paid for all omitted tonnage before a vessel shall be permitied to clear out.
XXXII. The salaries of the several naval officers shall be in lieu of all commissions and fees, as follows; the salary for the naval officer of Elizabeih river district four hundred pounds: For the naval officer of James river district iwo hundred pounds: For the naval officer of South Quay districi fifty pounds: For the naval officer of York river district one hundred and fifty pounds: For the naval officer of Rappahannock district two hundred pounds: For the naval officer of Potowmack district iwo hundred and fifiy pounds: For the naval officer of Accomack district fifty pounds: And for the naval officer of Northampton district fifty pounds: And moreover they shall be allowed a commission of one per centum on all monies by them respectively received and paid into the treasury by virtue of their office; and also a commission of three fourths of one per centum on the amount of all bonds for duties by them taken.
XXXIII. The several naval officers and searchers shall be subject, the former to be suspended, and the latter to be suspended and displaced by the executive for misconduct or neglect of duty. The naval officers and searchers shall in the mode of keeping their offices and books, and in the forms of making out their permits, certificales, returns, and other instruments of writing, obey such instructions as they may from time to time receive from the executive.
XXXIV. 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 powers 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 meantime. And such member of the executive during the line of performing snch visit shall be entitled to his salary, and shall moreover be allowed fisteen shillings per day for his travelling expences.
XXXV. Each naval officer shall keep a seal of office of a form and device to be approved of by the executive, and shall deposit with each of the searchers of his district an exact impression thereof.
XXXVI. The clerk of the council shall, before he delivers any register, demand and receive fifteen sbillings if the vessel be under one hundred tons, and thirty shillings if the vessel be of greater burthen, which inoney 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.
XXXVII. Searchers shall be appointed at such places as the executive shall think proper, and be commissioned by the governor, and shall at the court of the county or corporation in which he resides next after tbe commencement of this act, or after his appointe ment, as the case may be, take an oath, and enter into bond with sufficient security in the sum of one thousand pounds payable to the governor for the time being, to the use of the commonwealtlı, for the faithful performance of his duty.
XXXVIII. It shall be the duty of the searchers to attend to the delivery and uvlading of all goods, wares, and merchandises at the places for which they may be appointed, and to go on board any vessel coming to such place as often as may be requisite; they shall also, whenever they shall have good reason to suspect that the tonnage of any vessel has not been truly entered, measure the same according to the rules prescribed by law, and if it shall appear from such admeasurement that a deficient entry has been made they shall certify such deficiency to the naval officer of the district, and a copy of such certificate shall be transmitted quarterly by the searchers to the auditor of pub
lic accounts. The searchers shall also register, in books to be kepe for that purpose, descriptions and lists of all vessels and of their cargoes delivered or unladen at the places for which they are appointed respectively, according to the permits granted by the naval officer, and sball quarterly transmit the counter part of each permit, furnished them by the naval officer to the auditor of public accounts.
XXXIX. It shall be lawful for the executive to appoint as many assistants to the several searchers as shall appear necessary.
XL. All claims by mariners for wages shall be tried on motion in a summary way, by a jury summoned instantly in the court of any county, or a corporation within any county, where the vessel may lie, and it shall be lawful for the clerk thereof to issue process summoning the master to answer such claims, and to demand special bail from the party served. All executions issued upon judgments obtained for wages shall be irrepleviable and no appeal allowed.
XLI. Every naval officer who shall not keep his oifice at the place herein fixed for the same, shall forfeit his office.
XLII. The master or owner of any vessel coming into this commonwealth failing to make a just and true report according to law, shall forfeit two hundred pounds, one half to the use of the commonwealth, and the other half to the person suing for the same, recoverable by action of debt in any court of record, and in all cases the defendant shall be held to special bail.
XLIII. If any goods, wares, or merchandises liable to a duty shall be landed or put on shore, or if bulk be broken before due entry be made of the vessel importing the same, such goods, wares or merchandise so landed or put on shore, shall, together with the said vessel, her rigging, tackle, apparel and furniture, be forfeited and condemned in the court of admiralty, one half to the use of the commonwealth, and the other half to the use of the libellant: Provided, That the judges of the court of admiralty shall have power to direct any prosecution hereafter to be commenced against any vessel in the said court of admiralty to be discontinued, where they shall be satisfied that no fraud was intended. in failing to enter any goods, but that the same happened through mistake