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tion that the privileges allowed to American vessels and their cargoes at said islands, by the French ordinance of February fifth, one thousand eight hundred and twenty-six, have been revoked or annulled, he is hereby authorized, by proclamation, to suspend the operation of this act, and withhold all privileges allowed under it.

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CHAP. LVII. — An Act for the Punishment of Contraventions of the fifth Article of the
Treaty between the United States and Russia.

*

Stat. at Large, Vol. IV. p. 276.

United States

Be it enacted, &c. That, if any one, being a citizen of the United States, Any one, a or trading under their authority, shall, in contravention of the stipulations citizen of the entered into by the United States with the Emperor of all the Russias, by or trading under the fifth article of the treaty, signed at St. Petersburg, on the seventeenth their authority day of April, in the year of our Lord one thousand eight hundred and by virtue of 5th article of treaty twenty-four, sell, or cause to be sold, to the natives of the country on with Russia, of the northwest coast of America, or any of the islands adjacent thereto, April 17, 1824, any spirituous liquors, firearms or other arms, powder or munitions of war sell to the nanot permitted to of any kind, the person so offending shall be fined in a sum not less than tives on the fifty nor more than two hundred dollars, or imprisoned not less than thirty days, nor more than six months.

Jurisdiction

north west coast of America, &c. spirituous liSEC. 2. That the superior courts in each of the territorial districts, and quors. the circuit courts and other courts of the United States, of similar jurisdic- extended to the tion in criminal causes, in each district of the United States, in which any superior and offender against this act shall be first apprehended or brought for trial, circuit courts, shall have, and are hereby invested with, full power and authority to hear, territorial distry and punish, all crimes, offences and misdemeanors, against this act; tricts, in crimisuch courts proceeding therein in the same manner as if such crimes, offences and misdemeanors, had been committed within the bounds of their respective districts.

in each of the

nal cases.

No. 163.- MAY 24, 1828.

CHAP. CXI.- An Act in Addition to an Act, entitled "An Act concerning discriminat- Stat. at Large, ing Duties of Tonnage and Impost," and to equalize the Duties on Prussian Vessels and Vol. IV. p. 308. their Cargoes.

Act of Jan.

Where no

Be it enacted, &c. That, upon satisfactory evidence being given to the 7, 1824, ch. 4. President of the United States, by the government of any foreign nation, discriminating that no discriminating duties of tonnage or impost are imposed or levied duties of tonnage or impost in the ports of the said nation, upon vessels wholly belonging to citizens are levied in the of the United States, or upon the produce, manufactures, or merchandise, ports of said naimported in the same from the United States, or from any foreign coun- tion, upon vessels, &c. of the try, the President is hereby authorized to issue his proclamation, declar- U. S., the Presiing that the foreign discriminating duties of tonnage and impost, within dent to issue his proclamation, the United States, are, and shall be, suspended and discontinued, so far declaring, &c. as respects the vessels of the said foreign nation, and the produce, manufactures, or merchandise imported into the United States in the same, from the said foreign nation, or from any other foreign country: the said suspension to take effect from the time of such notification being given to the President of the United States, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, as aforesaid, shall be continued, and no longer.

Duties collect

SEC. 2. That no other or higher rate of duties shall be imposed or collected on vessels of Prussia, or of her dominions, from whencesoever ed on vessels of Prussia, &c. coming, nor on their cargoes, howsoever composed, than are, or may be, payable on vessels of the United States, and their cargoes.

* 8th Stat. 302-4.

So much of this act as reJates to Prussian

SEC. 3. **** That the same allowances of drawback be made on merchandise exported in Prussian vessels as would be made on similar exportations in vessels of the United States.

their

SEC. 4. That so much of this act as relates to Prussian vessels and shall continue and be in force during the time that the cargoes, vessels, &c. to equality for which it provides shall, in all respects, be reciprocated in the continue in force ports of Prussia, and her dominions; and if at any time hereafter, on certain condi- the said equality shall not be reciprocated in the ports of Prussia, and her dominions, the President may, and he is hereby, 'authorized to issue his proclamation, declaring that fact, and thereupon so much of this act as relates to Prussian vessels, and their cargoes, shall cease and determine.

tions, &c.

No. 164. - MAY 24, 1828.

Stat. at Large, CHAP. CXIX. — An Act to authorize the Licensing of Vessels to be employed in the Vol. IV. p. 312. Mackerel Fishery.

Duty of collectors after the

passage of this act.

Act of Feb.

Be it enacted, &c. That, from and after the passage of this act, it shall be the duty of the collector of the district to which any vessel may belong, on an application for that purpose by the master or owner thereof, to issue a license for carrying on the mackerel fishery, to such vessel, in the form prescribed by the act, entitled "An act for enrolling and licens18, 1793, ch. 8. ing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," passed the eighteenth day of February, one thousand seven hundred and ninety-three: Provided, That all the provisions of said act, respecting the licensing of ships or vessels for the coasting trade and fisheries, shall be deemed and taken to be applicable to licenses and to vessels licensed for carrying on the mackerel fishery.

Proviso.

Stat. at Large, Vol. IV. p. 331.

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CHAP. X.- An Act to establish a Port of Entry at Magnolia, in Florida.

SEC. 1. Be it enacted, &c. That all ports, harbors, shores, and waters, of the main land of Florida, and of the islands opposite and nearest thereto, extending from Ocklockney bay to Charlotte harbor, be, and they are hereby, established a collection district, by the name of the St. Mark's district; and a port of entry shall be established at Magnolia,* for said district, and a collector shall be appointed, who shall give the same bond, perform the same duties, [and be entitled to the same compensation and fees, as the collectors of the other districts of Florida.]

SEC. 2. That all that part of Florida, between the St. Mary's and St. John's river, shall be annexed to, and made a part of, the collection district of St. Augustine.

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Stat. at Large, CHAP. XLI.— An Act to provide for the Apprehension and Delivery of Deserters from Vol. IV. p. 359. certain foreign Vessels in the Ports of the United States.

On application of consul or

vice-consul of nation entitled

Be it enacted, &c. That on application of a consul or vice-consul of any foreign government, having a treaty with the United States, stipulating for the restoration of seamen deserting, made in writing, stating that the to the privilege, person therein named has deserted from a vessel of any such government seamen deserting while in any port of the United States, and on proof by the exhibition of and delivered up. the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of said vessel, it shall be the duty of any court, judge, justice, or other magistrate,

to be arrested

* Removed to St. Marks. See act of 1834, ch. 97. 4th Stat. 701. As to salary, see act of July 28, 1866, ch. 293, § 1.

Or detained.

Proviso: de

having competent power, to issue warrants to cause the said person to be arrested for examination; and if, on examination, the facts stated are found to be true, the person arrested, not being a citizen of the United States, shall be delivered up to the said consul or vice-consul, to be sent back to the dominions of any such government, or, on the request, and at the expense, of the said consul or vice-consul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government: Provided, nevertheless, That no person shall be detained more than two months after his arrest; but at the end of that tention not to be longer than time shall be set at liberty, and shall not be again molested for the same two months. cause: And provided, further, That if any such deserter shall be found Proviso: this to have committed any crime or offence, his surrender may be delayed lease seaman until the tribunal before which the case shall be depending, or may be from custody as cognizable, shall have pronounced its sentence, and such sentence shall an offender against laws of have been carried into effect. United States.

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act not to re

Stat. at Large,

CHAP. XIV. — An Act to authorize Surveyors, under the Direction of the Secretary of the Treasury, to enroll and license Ships or Vessels to be employed in the Coasting Trade Vol. IV. p. 372. and Fisheries.

Be it enacted, &c. That, after the passage of this act, the Secretary of Secretary of the Treasury the Treasury be, and he is hereby, invested with powers to authorize the authorized to surveyor of any port of delivery, under such regulations as he shall deem empower surnecessary, to enroll and license ships or vessels to be employed in the veyors of ports coasting trade and fisheries, in like manner as collectors of ports of entry are now authorized to do, under existing laws.

SEC. 2. That any surveyor who shall perform the duties directed to be performed by the first section of this act, shall be entitled to receive the same commissions and fees, as are now allowed by law to collectors for performing the same duties, and no more.

No. 168.- MARCH 23, 1830.

CHAP. XXXV. - An Act for the further Regulation of Vessels bound up James River, in the State of Virginia.

of delivery to

enroll and license coasting and

fishing vessels,

&c.

Fees.

Stat. at Large,

Vol. IV. p. 382.

Vessels bound

Be it enacted, &c. That from and after the passage of this act, it shall not be necessary for any vessel bound up James river, in the State of up James River exempted from Virginia, to stop in Hampton Roads, to deposit a manifest with the col- stopping in lector at Norfolk.

Hampton Roads.

Master reve

nue cutter to vessels, &c.

board all such

In certain

SEC. 2. That it shall be the duty of the master of the revenue cutter on that station, under the orders of the Secretary of the Treasury, to board all such vessels, to indorse their manifests, and to place an officer on board of each vessel bound up James river, having a cargo from a foreign port. SEC. 3. That whenever there shall be no revenue cutter on that station for the purpose of boarding vessels, or when the state of the weather cases, captain of vessel may demay be such as to render it impracticable to send an officer on board any posit copy of vessel bound up James river, having a cargo from a foreign port, the cap- manifest with tain is hereby authorized and directed to deposit, with the surveyor at surveyor at Hampton. Hampton, a copy of the manifest of the cargo on board said vessel.

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CHAP. XLIX. An Act to change the Port of Entry from Nova Iberia to Franklin, in the State of Louisiana.

Stat. at Large, Vol. IV. p. 392.

Port of entry Be it enacted, &c. That hereafter, the port of entry in the district of changed from Teche, in the State of Louisiana, shall be at Franklin, instead of Nova Nova Iberia to Iberia, in said district; and the collector thereof shall hereafter reside at Franklin. said Franklin.

Stat. at Large, Vol. IV. p. 392.

Collector of Burlington.

СПАР. L.

No. 170.- MARCH 31, 1830.

- An Act changing the Residence of the Collector in the District of Burlington, in the State of New Jersey.

Be it enacted, &c. That hereafter, the collector of the district of Burlington, in the State of New Jersey, shall reside at Lamberton instead of Burlington, in said district.

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Stat. at Large, Vol. IV. p. 409.

Act of 1799,

ch. 22.

Additional appraiser to be appointed.

CHAP. CXLVII.

An Act for the more effectual Collection of the Impost Duties. Be it enacted, &c. That the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint an additional appraiser of merchandise for the port of New York, who shall take a similar oath, and have like power and compensation, and perform the same duties, with the appraisers now authorized by law to be appointed at that place.

SEC. 2. That the Secretary of the Treasury may appoint, not exceedEight assistant ing four assistant appraisers in New York, two in Philadelphia, and two appraisers. in Boston, who shall be practically acquainted with the quality and value of some one or more of the chief articles of importation, subject to appraisement, to be employed in appraising goods in such manner as shall be directed by the Secretary of the Treasury, and who shall take and subscribe an oath diligently and faithfully to examine and inspect such Oath and du- goods, wares, or merchandise, as the principal appraisers may direct, and truly to report to them, to the best of their knowledge and belief, the true value thereof, according to law; whereupon the principal appraisers shall Of principals. revise and correct the same as they may judge proper, and report to the collector their decision thereon: but, if the collector shall deem any appraisement of goods too low, he shall have power to order a reappraisement, either by the principal appraisers, or by three merchants designated by him for that purpose, who shall be citizens of the United States, and cause the duties to be charged accordingly.

ties of assistants.

Collector to order reappraisement.

Number of packages to be examined.

$14.

SEC. 4. That the collectors of the customs shall cause at least one package out of every invoice, and one package at least out of every twenty packages of each invoice, and a greater number, should he deem it necessary, of goods imported into the respective districts, which package or packages he shall have first designated on the invoice to be opened and examined [and if the same be found not to correspond with the invoice,] or to be Consequences falsely charged in such invoice, the collector shall order, forthwith, all the of discrepancy goods contained in the same entry to be inspected; and if such goods be 1882, ch. 227, subject to ad valorem duty, the same shall be appraised, and if any package shall be found to contain any article not described in the invoice, or if such package or invoice be made up with intent, by a false valuation, or extension or otherwise, to evade or defraud the revenue; the same shall be forfeited, and the fifteenth section of the "Act supplementary to an act to amend an act, entitled 'An act to regulate the collection of duties on imports and tonnage, passed second March, one thousand seven hundred and ninety-nine, and for other purposes," passed first March, one thousand eight hundred and twenty-three; and also so much of any act of Congress as imposes an additional duty or penalty of fifty per centum on duties upon any goods which may be appraised at twenty-five per centum, or ten per centum above their invoice price, is hereby repealed; and no goods liable to be inspected or appraised as aforesaid, shall be delivered from the custody of the officers of the customs, until the same shall have been inspected or appraised, or until the packages sent to be inspected or appraised, shall be found correctly and fairly invoiced and put up, and so reported to the collector: Provided, That the collector may, at the request of the owner, importer, consignee, or agent, take bonds, with approved security, in double the estimated value of such goods, condi

1799, ch. 22. 1823, ch. 21.

Goods, when to be delivered.

Proviso.

Goods for re

tioned that they shall be delivered to the order of the collector, at any time within ten days after the package or packages sent to the public stores shall have been appraised and reported to the collector. And if, in the mean time, any of the said packages shall be opened, without the consent of the collector or surveyor given in writing, and then in the presence of one of the inspectors of the customs, or if the said package or packages shall not be delivered to the order of the collector, according to the condition of the said bond, the bond shall, in either case, be forfeited. SEC. 5. That it shall be the duty of the collector to cause all goods entered for re-exportation, with the right of drawback, to be inspected, and exportation. the articles thereof compared with their respective invoices, before a permit shall be given for lading the same; and where the goods so entered shall be found not to agree with the entry, they shall be forfeited: and every importer, owner, consignee, agent, or exporter, who shall enter goods for importation, or for exportation, or transportation from one port or place to another, with the right of drawback, shall deposit with the collector the original invoice of such goods, if not before deposited with the collector, and in that case an authenticated invoice thereof to be filed and preserved by him in the archives of the custom-house, which shall be signed by such importer, owner, consignee, agent, or exporter, and the oath to be made on the entry of such goods shall be annexed thereto.

SEC. 6. That the assistant appraisers at New York shall receive a com- Compensation pensation [of fifteen hundred dollars per annum ;] and those at Boston and of assistant appraiser, &c Philadelphia, a compensation [of twelve hundred dollars per annum ;] to be See 1866, ch. paid out of the proceeds of the customs; and the clerks, and all other per- 293, § 4. sons employed in the appraisers' office, shall be appointed by the principal appraisers, and their number and compensation limited and fixed by the Secretary of the Treasury.

SEC. 7. That all forfeitures incurred under this act, shall be sued for, recovered, and distributed, according to the provisions of the act, entitled “An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety-nine: Provided, That the appraisers and assistant appraisers shall, in no case, receive any proportion of such forfeiture: And provided also, That the Secretary of the Treasury shall be, and he is hereby, authorized to remit any such forfeiture whenever he is of opinion that no fraud on the revenue was intended.

2,

Forfeitures.

Act of March

1799, ch. 22. Proviso.

Additional

SEC. 8. That whenever, in the opinion of the Secretary of the Treasury, it may be necessary in order to carry into full effect the laws for the bond. collection of the revenue, he may authorize the collector of any district into which goods, wares, or merchandise, subject to duty, may be imported, to require the owner, importer, or consignee of such goods, wares, or merchandise, to give bond, in addition to the bond now required by law, in a sum not exceeding the value of such merchandise, that he will produce or cause to be produced, within a reasonable time, to be fixed by the said secretary, such proof as the said secretary may deem necessary, and as may be in the power of the said owner, importer, or consignee, to obtain, to enable the collector to ascertain the class or description of manufacture, or rate of duty, to which such goods, wares, or merchandise, may be justly liable.

No. 172.- MAY 28, 1830.

CHAP. CLII An Act to repeal the Proviso in "An Act to authorize Masters of Ves- Stat. at Large, sels in certain Cases to clear out either at the Custom-House of Petersburg, or that of Vol. IV. p. 414. Richmond."

Proviso of act

Be it enacted, &c. That the proviso of an act, passed May twenty-sixth, of May 26, 1824, one thousand eight hundred and twenty-four, entitled "An act to author- ch. 161, reize masters of vessels in certain cases to clear out either at the custom- pealed. house of Petersburg, or that of Richmond," be, and the same is hereby, repealed.

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