Imágenes de páginas

such pickled fish, or salted provisions, to be computed from the date of the bond, and until the exporter or exporters thereof shall produce to the collectors with whom such outward entry is made, such certific cates, or other satisfactory proof, of the landing of the same as afore. said, as is heretofore made necessary for cancelling the bonds given on the exportation of goods entitled to drawback as aforesaid: And provided also, That the bounty or allowance as aforesaid, shall not be paid unless the same shall amount to ten dollars at least upon each entry.

And the form of entry, required to be made as aforesaid, shall be as follows:

Entry of (salted provision or pickled fish, or both, as the case may be) intended to be exported for the benefit of bounty, by (insert the name of the exporter) in the (insert the name and denomination of the vessel) whereof (insert the name of the master) is master, bound for (insert the port of destination.)

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

And the oath or affirmation to be taken by the exporter or exporters of pickled fish, or salted provisions, shall be in manner following:

District of I insert the name) do solemnly, sincerely and truly swear (or affirm) to the best of my knowledge and belief, that the (salted provis sions or pickled fish, or both, as the case may be) designated in the annexed entry, dated

and subscribed with my name, have not been imported from any foreign port or place, but are truly and bona fide (if provisions) salted provisions, cured within the limits of the united states, (or if fish) pickled fish of the fisheries of the united states; that they are now actually laden on board the (insert the des nomination and name of the vessel) whereof (insert the name) is master, and are to be exported to (insert the place of destination) and are not intended to be landed in the limits of the united states. So help ine God.

And the form of the bond, to be executed as aforesaid, shall be as follows, to wit : Know all men by these presents, that we

are held and firmly bound unto the united states of America, in the sum of to be paid to the said united states ; for the payment whereof, we bind ourselves, our heirs, executors and administrators, jointly and seves rally, firmly by these presents; sealed with our seals, dated the day of

in the year of the independence of the united states, and in the year of our Lord

The condition of this obligation is such, that whereas the above bounden

hath entered at the custom house of the port of the following merchandise (here insert the number of packages with their contents, together with their marks and numbers) for the purpose of being exported for the benefit of bounty, in the (insert denomination and name of vessel) whereof (insert name) is master, for (insert name of the place) as per entry thereof made and subscribed by the aforesaid on the day of

whici merchandise has been laden under the superintendence of A. B. an inspector of the customs for the port of

as per return thereof annexed to said entry ; which merchandise is now actually on board the said

now laying in the port of for the purpose of being exported as aforesaid.

Now therefore, if the said merchandise shall not be relanded within, the limits of the united states, but shall be duly exported to the

or any other port or place, without the limits aforesaid, then this obligation to be void and of no effect, otherwise it shall remain and be in full force and virtue. Sealed and delivered

in the presence of 84. Sect. LXXXIV. If any goods, wares or merchandise of which entry shall have been made in the office of a collector, for the benefit of drawback or bounty upon exportation, shall be entered by a false denomination, or erroneously as to the time when and the vessel in which they were imported, or shall be found to disagree with the packages, quantities or qualities, as they were at the time of original importation, except such disagreement as may have been occasioned by necessary or unavoidable wastage or damage only, and except also in cases where permission shall have been obtained according to law, to alter or change the quantities or packages thereof, all such goods, wares or merchandise, or the value thereof to be recovered of the owner or person making such entry, shall be forfcited. Provided, That the said forfeiture shall not be incurred, if it shall be made appear to the satisfaction of the collector and naval officer of the district, if there le a naval officer, and if there be no naval officer, to the satisfaction of the said collector, or of the court in which a prosecution for the forfeiture shall be had, that such false denomination, error, or disagreement happened by mistake or accident, and not from any intention to defraud the revenue.

85. SECT. LXXXV. In all cases where a ship or vessel shall be prevented by ice froin getting to the port or place, at which her cargo is intended to be delivered, it shall be lawful for the collector of the districk, in which such ship or vessel may be obstructed, to receive the report and entry of such ship or vessel, and with the consent of the naval officer (where there is one) to grant a permit or permits for ulilalling or landing the goods, Wares and merchandise imported in suck

ship or vessel, at any place within liis district, which shall appear to hinn most convenient and proper : Provided always, that the report and entry of such ship or vessel, and her cargo, or any part thereof, and all persons concerned therein, shall be under the subject of the same rules, regulations, restrictions, penalties and provisions, as if the said ship or vessel had arrived at the port of her destination, and had there proceeded to the delivery of her cargo.

86. Sect. LXXXVI. No officer of the customs, or other person employed under the authority of the united states, in the collection of the duties imposed by law on goods, wares or merchandise imported in the united staies, and on the ionnage of ships or vessels, shail ownl, eitheria whole or in part, any ship or vessel, or act as agent, attorney or consignee for the owner or owners of any slip or vessel, or of any cargo or lacing on board the same ; nor shall any officer of the cus. tons, or other person cmployed in the collecion of the duties as a foresail, import, or be concerned direcly or indirecuy in the importation of any goods, wares or merchandise, for sale, into the united states, on penalty that crery person so oflending, and being thereof convicted, shall forsvii anid jay ilic suun olise hundred dollars.

87. SECT. LXXXVII. So much of the twelfth section of an ac!, entitled “ An act making alterations in the treasury and war depari. menis," as restricts all officers of the united states, employed in the colleciion of the duties imposed by law on goods, wares and merchandise imporied into the united states, and on the tonnage of shijs or vessels, from buying or disposing of the funds or debts of the united states, or of any state, is repealed. (See Treasury De'artment, 17.]

38. Srct. LXXXVIII. If any officer of the customs shall direclly or indireally take or receive any bribe, reward or recompense, for conDivins, or shall connive at any false entry of any ship or vessel, or of any goods, warts or merchandise, and shall be convicted thereof, every soch oliicer or other person shall forfeit and pay a sum not less than tiro hundred, nor more than two thousand dollars for each offence ; and any person giving or offering any bribe, recompense or reward for ay such deception, collusion or fraud, shall forfeit and pay a same not less than two hundred dollars, nor more than two thousand dollars, for each offence; and in all cases where an oath or affirmation is bv inis act required from a master or other person having the comimand of a ship or vessel, or from an owner or consignee of any goods, wares or merchandise, his, her or their factor or agent, and generally whenever an oath or afirmation is required from any person or persous, whatsoever, by virtue of this act, if the person so sweariny or aí. firning shall swear, or affirm falsely, such person shall, on indictment and conviction thereof, be liable to the same pains and penalties prescribed for persons convicted of wilful and corrupt perjury.*

89. Sect. LXXXIX. All penalties, accruing by any breach of this ac, shall be sued for, and recovered with costs of suit, in the name of the united states of America, in any court competent to try the same; and the trial of any fact, which may be put in issue, shall be within the

* Şce Crimes 18.

judicial district in which any such penalty shall have accrued, and the collector, within whose district the seizure shall be made, or forfeiture incurred, is hereby enjoined to cause suits for the same to be commenced without delay, and prosecuted to effect; and is moreover authorized to receive from the court within which such trial is had, or from the proper officer thereof, the sum or sums so recovered, after deducting all proper charges to be allowed by the said court, and on receipt thereof the said collector shall pay and distribute the same without delay, according to law, and transanit quarter yearly to the treasury an account of all monies by him received for fines, penalties and forfeitures, during such quarier. And all ships or vessels, goods, wares or merchandise, which shall become forfeited in virtue of this act, shall be seized, libelled and prosecuted as aforesaid, in the proper court haring cognizance thereof; which court shall cause fourteen days notice to be given of such seizure and libel, by causing the substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some news-paper published near the place of scizure, and also by posting up the same in the most public manner, for the space of fourteen days, at or near the place of trial; for which advertisement a sum not exceeding ten dollars shall be paid: Ind proclamation shall be made in such manner as the court shall direct; and if no person shall appear and claim any such ship or vessel, goods, wares or merchandisc, and give bond to defend the piosecution thereof, and to respond the cost in case he shall not support liis claim, the court shall proceed to hear and determine the cause according to law; and upon the prayer of any claimant to the court, that any ship or vessel, goods, wares or merchandise, so seized and prosecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for the court to appoint three proper persons to appraise such ship or vessel, soods, wares or merchandise, who shall be storn in open court for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted ; and on the return of such appraisement, if the claimant shall, with one or more sureties, to be approved of by the court, execute a bond in the usual form of the united states, for the payment of a sum equal to the sum at which the ship or vessel, goods, wares or merchandise, so prayed to be delivered, as appraiscd, and inoreover produce a certificate from the collector of the district wherein such trial is had, and of the naral officer thereof, if any there be, that the duties on the goods, wares and merchandise, or tonnage duty on the ship or vessel, so claimed, have been paid or secured in like manner, as if the goods, wares or merchandise, ship or vessel had been legally entered, the court shall, by rule, order such ship or vessel, goods, wares and merchandise, to be delivered to the said claimant, and the said bond shall be lodged with the proper officer of the court, and if judgment shall pass in favor of the claimant, the court shall cause the said bond to be cancelled ; but if judgment shall pass against the claimant, as to the whole, or any part of such ship or vessel, goods, wares or merchandise, and the claimant shall not within twenty days thereafter pay into the court, or to the proper officer thercof, the amount of the appraised value of such ship or vessel, goods, wares or merchandise so condemned, with the costs, judgment shall and may be granted upon the bond on motion in open court, without further delay. And when any prosecution shall be commenced, on account of the seizure of any ship or vessel, goods, wares or merchandise, and judgment shall be given for the claimant or claimants; is it shall appear to the court be. fore whom such prosecution shall be tried, that there was a reasonable cause of seizure, the said court shall cause a proper certificate or entry to be made thereof, and in such case the claimant or claimants shall not be entiiled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, suit or judgment on account of such seizure and prosecution: Provided, That the ship or vessel, goods, wares or merchandise, be after judgment forth with returned to such claimant or claimants, his, her, or their agent or agents; and provided, That no action or prosecution shall be maintained in any case under this act, unless the same shall have been commenced within three years next after the penalty or forfeiture was incurred.

90. Sect. XC. All ships or vessels, goods, wares or merchandise, which shall be condemned by virtue of this act, and for which bond shall not have been given by the claimant or claimants, agreeably to the provisions for that purpose in the foregoing section, shall be sold by the marshal or other proper officer of the court in which condem. nation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days notice (except in cases of perishable goods) in one or more of the public newspapers of the place where such sale shall be ; or if no paper is published in such place, in one or more of the papers published in the nearest place thereto; for which advertising, a sum not exceeding five dollars shall be paid. And the amount of such sales, deducling all proper charges, shall be paid within ten days after such sale by the person selling ihe same, to the clerk or other proper officer of the court direcling such sule, to be by him, aster deducting the charges allowed by the court, paid to the collector of the district in which such seizure or forfeiture has taken place, as herein before directed.

91. SECT. XCI. All fines, penalties and forfeitures, recovered by virtue of this act (und not otherwise appropriated) shall, after deducting all proper costs and charges, be disposed of as follows :-One moiety shall be for the use of the united states, and be paid into the treasury thereof, by the collector receiving the same; the other moiety shall be divided between, and paid in equal proportions to, the collector, and naval officer of the district, and surveyor of the port, wherein the same shall have been incurred, or to such of the said officers as there may be in the said district ; and in districts where only one of the aforesaid oficers shall have been established, the said moiety shall be given to sich ciicer: Provided nevertheless, That in all cases where such penalties, fines and forfeitures shall be recovered in pursuance of information given to such collector', by any person oiher than the naval officer or surveyor of the district, the one half of such moiety shall be given to such informor, and the remainder thereof shall be disposed of between the collector, naval officer and surveyor or surveyors, in manner aforce

« AnteriorContinuar »