« AnteriorContinuar »
not exceeding ten dollars shall be paid, and proclamation shall be made in such manner as the court shall direct.(1)
If no person shall appear to claim such vessel or goods, she or they shall be adjudged forfeited; but if any person shall, before such judgment, appear and claim, and give bond to defend, and to respond the cost in case he shall not support his claim, the court shall hear and determine the cause according to law.(2)
On the prayer of a claimant, that such vessel or goods or any part thereof may be delivered to him, the court shall appoint three proper persons to appraise such vessel or goods, who shall be sworn, in open court, for the faithful discharge of their duty. Such appraisement shall be made at the expense of the claimant; and on return thereof, if he shall, with one or more sureties, approved by the court, execute a bond in the usual form to the United States, for the payment of a sum equal to that at which such vessel or goods may be appraised, the court shall, by rule, order such vessel or goods to be delivered to him; and such bond shall be lodged with the proper officer of the court; and if judgment be for the claimant, the bond shall be cancelled; but if against him, as to the whole or any part of such vessel or goods, and he shall not within twenty days thereafter, pay into court, the appraised value of the vessel or goods so condemned, with costs, the bond shall be put in suit.(2)
If in any prosecution on account of the seizure of any vessel or goods, judgment shall be given for the claimant, and it appear to the court before which such prosecution shall be tried, that there was reasonable cause of seizure, such court shall cause a proper entry to be made thereof, and the claimant shall not be entitled 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 or prosecution. But such ship or goods shall be forthwith after judgment returned to the claimant or his agent.(2)*
1397. No action or prosecution shall be maintained, in any case, unless it be commenced within three years next after the penalty or forfeiture was incurred.(2)7
1398. If an officer entitled to a share of such penalty or forfeiture, be necessary as a witness on the trial therefor, he may be a witness, but shall not in such case be entitled to, nor receive, any part thereof; but the part, to which he would otherwise have been entitled, shall accrue to the United States.(1)
(1) Act 31st Dec. 1792, sec. 29. Act August 4th, 1790, sec. 67.
(2) Act 4th August, 1790, sec. 67.
If suit be brought against the seizing officer for the supposed trespass, whilst suit for forfeiture is depending, the pendency of the latter may be pleaded in abatement, or as a temporary bar to the former action. If after a decree of condemna. tion, or after an acquittal with a certificate of reasonable cause, such condemnation or acquittal may be pleaded in bar. If after acquittal without such certificate, the officer is without justification for the seizure, and it is definitely settled to be a tortuous act.-Gelston et al. v. Hoyt, 3 Wheat. 246.
† For the manner of making sale of vessels, &c. condemned under the register. ing and recording act of December 31st, 1792, and enrolling and licensing act of 18th February, 1793, see the 68th and 19th sections of the act of 4th August, 1790. The provisions of the 67th, 68th, and 69th sections of the act of 4th August, 1790, are adopted in the 89th, 90th, and 91st sections of the act of 23 March, 1799.
OF THE ENTRY AND DEPARTURE OF VESSELS.
Of Ports at which entry may be made, and goods landed. Vessels to enter at ports of entry- Cape of Good Hope and beyond cargo to be landed at port of de- it may enter
1399 Special provision for vessels destinPorts at which foreign vessels may ed to waters of Ocracoke inlet
1400 Special provisions relating to cerPorts at which vessels from the tain designated ports
ART. 1399. No vessel which shall arrive in the United States from any foreign port, or the cargo on board, shall be entered elsewhere than at one of the ports of entry established, nor shall such cargo, or any part thereof, be unladen elsewhere than at one of the ports of delivery. Every port of entry shall be a port of delivery.(1)
1400. None but vessels of the United States shall be admitted to unlade at any other than the ports following, to wit: Portsmouth, in New Hampshire ; Portland and Falmouth, New Bedford, Dighton, Salem and Beverly, Gloucester, Newburyport, Marblehead, Nantucket, Boston and Charlestown, Ply. mouth, Bath, Frenchman's Bay, Wiscasset, Machias and Penobscot, in the State of Massachusetts ; Newport, Bristol and Providence, in the State of Rhode Island and Providence Plantations ; New London and New Haven, Middletown, Fairfield, in the State of Connecticut; New York, in the State of New York; Perth Amboy and Burlington, in the State of New Jersey; Philadelphia, in the State of Pennsylvania; Wilmington, Newcastle and Port Penn, in the State of Delaware; Baltimore, Annapolis, Vienna, Oxford, Georgetown on Potomac, Chestertown, Town Creek, Nottingham, Nanjemoy, Digges' Landing, Snowhill, and Carrolsburgh, in the State of Maryland; Alexandria, Kinsale, Newport, Tappahannock, Port Royal, Fredericksburgh, Urbanna, Yorktown, West Point, Hampton, Bermuda Hundred, City Point, Rockett's Landing, Norfolk and Portsmouth, in the State of Virginia ; mington, Plymouth, Newbern, Beaufort, Washington, Edenton and Plank. bridge, in the State of North Carolina; Charlestown, Georgetown and Beaufort, in the State of South Carolina ; and in either of the ports of Savannah, Sunbury, Brunswick, Frederica, and St. Mary's, in the State of Georgia; New Orleans; or to make entry in any other district than the one in which they shall be admitted to unlade.(2) The following ports and districts are, by construction at the treasury, placed upon the same footing as the foregoing, viz: Alburg, in the district of Vermont; Cumberland Head, in the district of Champlain ; Oswego, in the district of Oswego; Ogdensburg, in the district of Oswegatchie ; Lewistown, in the district of Niagara; Buffalo Creek, in the district of Buffalo Creek; Rochester, in the district of Genessee; Sacket's Harbour, in the district of Sacket's Harbour; Cape Vincent, in the district of Cape Vincent; Presqu’ Isle, in the district of Presqu’ Isle; Cleve.
(1) Act 2d March, 1799, sec. 18. 24 April, 1816, Append. Act 22 Feb.
(2) Act 2d March, 1799, sec. 18. Ap. 1827, sec. 1, Append. pend. Act 24 Feb. 1804, sec. 6, Append.
land, in Cuyahoga district ; Maumee, in Miami district; Portland, in San. dusky district, Detroit, in Detroit district; Michilimackinac, in Michilimacki. nac district; Franklin, Teche district; Blakely, Blakely district; Pearlington, Pearl River district; Magnolia, St. Mark's district; Key West, Key West district; Apalachicola, West Point district; Pensacola, Pensacola district; St. Augustine, St. Augustine district.(1)
1401. No vessel arriving from the Cape of Good Hope, or from any place beyond the same, shall be admitted to make entry at any other than the ports following, to wit: Portsmouth, in the state of New Hampshire; Boston and Charlestown, Plymouth and Nantucket, Bedford and Newburyport, Salem and Beverly, Marblehead, Gloucester, Edgartown, in the state of Massachusetts ; Fall River, Portland and Falmouth, Bath, Biddeford and Pepperelborough, (now, Saco,) Kennebunk and Castine, in the state of Maine ; Newport, Providence and Bristol, in the state of Rhode Island and Providence Plantations ; New London and New Haven, and Middletown, in the state of Connecticut; New York, in the state of New York; Perth Amboy, in the state of New Jersey ; Philadelphia, in the state of Pennsylvania ; Wilmington, in the state of Delaware ; Baltimore, Annapolis and Georgetown, in the state of Maryland ; Alexandria, Norfolk and Portsmouth, in the state of Virginia ; Wilmington, Newbern, Washington and Edenton, in the state of North Carolina ; Charleston, Georgetown and Beaufort, in the state of South Carolina ; Sunbury and Savannah, in the state of Georgia ; and Pensacola and New Orleans, Key West, Florida.(1)
Nothing contained herein, shall prevent the master of any vessel from making entry with the collector of any district in which she may be owned, or from which she may have sailed on the voyage from which she shall have then returned.(2)
1402. The master or commander of any vessel coming in at Ocracoke inlet, and intending to unlade her cargo, or any part thereof, at any port other than the district of Ocracoke, connected with the waters of the inlet, shall come to at the port of such district, and there exhibit like reports and manifests, and perform all other duties required of masters of vessels arriving at a port of entry in the United States. The collector shall superintend the unlading of all goods, from the vessels in which they may be imported, into the lighters or coasting vessels, which may be employed in the transportation there, to any port of entry or delivery connected with the Ocracoke inlet; and all goods unladen into lighters or coasting vessels, shall be secured with the necessary locks, or fastenings, or under the seal of the collector, and be accompanied with permits, describing the said goods, the vessel in which im. ported, the persons to whom belonging, and the port of entry or delivery to which destined. And the masters of all lighters or coasting vessels, who shall receive goods to be so transported, shall give triplicate receipts, describing the casks or packages containing the same, and in case any goods transported under permits, and for which receipts shall have been given as aforesaid, shall not be transported and delivered to the collector or surveyor of the port of entry or delivery to which they shall be consigned by the permits aforesaid, the dangers of the seas and unavoidable accidents only excepted, or if any lock, fastening or seal placed on such goods, shall be broken or destroyed, the vessel employed in transporting the same shall be forfeited, and the master thereof shall forfeit and pay a sum not exceeding five hundred dollars, with costs of suit. The collector shall endorse on the original mani.
(1) Act 2 March, 1799, Sec. 18. Acts Act 2 March, 1831. Act 13 July, 1832. 18 and 25 Feb. 1801. Act 24 Feb. 1804. Act 13 Feb. 1837. Act 2 March, 1811. Act 7 May, 1822. (2) Act 2 March, 1799, Sec. 18. Act 20 April, 1818. Act 3 March, 1825.
fests of vessels arriving at said port, all deliveries which may be made as aforesaid, to the master of lighters or coasting vessels as aforesaid ; which manifests shall be exhibited to the collector of the interior port of entry to which such vessels may be destined, where like entries shall be made, and like proceedings had, as are required by the general regulations and provisions of law.(1)
1403. The master of every vessel, bound to a port of delivery only, in any of the following districts, Portland and Falmouth, except the ports of North Yarmouth, Freeport and Harpswell : Bath, except the ports of Georgetown and Brunswick ; Newburyport, New London, except the port of Stonington; Middletown, except the ports of Lyme, Saybrook, Killingsworth, Haddam and East Haddam ; Norfolk and Portsmouth; Bermuda Hundred, or City Point, Yorktown, Tappahannock, except the port of Urbanna; or Édenton; shall first come to, at the port of entry of such district, with his vessel, and there make report and entry in writing, and pay, or secure to be paid, all legal duties, port fees and charges, before such vessel shall proceed to her port of delivery; and any vessel, bound to a port of delivery in any district other than those above mentioned, or to either of the ports of delivery above men. tioned, may first proceed to her port of delivery, and afterwards make re. port and entry within the time limited by law.(2)
And the master of any vessel, arriving from a foreign port, or having goods on board, of which the duties have not been paid or secured, and bound to any port on Connecticut river, shall take an inspector on board at Saybrook, before proceeding to such port; and if any master of a vessel shall proceed to a port of delivery, contrary to the directions aforesaid, he shall forfeit and pay five hundred dollars, to be recovered with costs of suit.(2)
The master of any vessel, bound to any district in Connecticut, through or by the way of Sandy Hook, shall, before he pass by the port of New York, and immediately after his arrival, deposite, with the collector for the district of New York, a true manifest of the cargo on board such vessel ; if bound to the district of Hudson, shall, before he pass by the port of New York, and immediately after his arrival, deposite with the collector thereof a like manifest ; if bound to the district of Burlington, shall, before he pass by the port of Philadelphia, and immediately after his arrival, deposite with the collector thereof a like manifest; if bound to the district of Nottingham, shall, before he pass by the port of Town Creek, and immediately after his arrival, deposite with the surveyor of the said port a like manifest; if bound to the district of Tappahannock, shall, before he pass by the port of Urbapna, and immediately after his arrival, deposite with the surveyor of that port a like manifest; if bound to the district of Petersburg, shall, on his arrival in Hampton Road, or at Sewall's Point, and immediately after such arrival, deposite with the collector of Norfolk and Portsmouth, a like manifest; and if bound to the district of South Quay, shall, before he pass by the port of Edenton, and immediately after his arrival, deposite with the collector of the port of Edenton a like manifest ; and the said collectors and surveyors, respectively, shall, after registering the manifests, transmit them, duly certified to have been so deposited, to the officer with whom the entries are to be made ; and the collectors and surveyors, respectively, may, whenever they judge it to be necessary for the security of the revenue, put an inspector of the customs on board any vessel, to accompany her until her arrival at the first port of entry or delivery in the district to which she may be destined ; and if the master of any vessel shall neglect or omit so to deposite a manifest, or refuse to receive an inspector of the customs on board, he shall forfeit and pay five hundred
(1) Act 2 March, 1799, Sec. 18. Act (2) Act 2 March, 1799, Sec. 19. 21 April, 1806, Sec. 3.
dollars, to be recovered, with costs of suit, one half for the use of the officer with whom such manifests ought to have been deposited, and the other half to the use of the collector of the district to which such vessel may be bound. If the manifest in either of the above cases, have been previously delivered to any officer of the customs, pursuant to the provisions made in that behalf, the depositing of a manifest as aforesaid shall not be necessary (1)
Documents for, and proceedings relative to, vessels entering the United
No goods to be imported in any Duty of officer, on misconduct of American vessels, unless master
1412 have manifest
1404 Penalty on unlading part of cargo, Goods destined for different dis- before arrival of vessel-provision
tricts, how entered in manifest-- when necessary from weather or form of manifest for goods in accident
1413 foreign vessels
1405 Penalty when goods are unladen Penalty on master of American ves- from one vessel into another, sel importing goods without ma- &c.
1414 nifest, &c. &c.
1406 Foreign vessel to produce register Master, on arrival within four or other document before entry
leagues of coast, &c. to produce papers to be deposited with conmanifest to boarding officer 1407 sul
1415 To produce manifest to officer first Such deposite not to be made by
coming on board, after arrival in vessels of nations, in whose ports any district, for inspection 1408 American consuls are not permitMaster to swear that no officer had ted to have custody of register, applied for manifest, when, &c. 1409 &c.
1416 Penalty on master refusing to pro- Foreign consul not to re-deliver paduce manifests, &c.
1410 pers until clearance produced Penalty on officer refusing, &c. to penalty in case of disobedience 1417
make proper endorsements 1411
Art. 1404. No goods shall be brought into the United States from a foreign place, in any vessel, belonging in the whole, or in part, to a citizen or inhabitant of the United States, unless the master of such vessel shall have on board a manifest or manifests, in writing, signed by him, containing the names of the places where the goods, in such manifest or manifests mentioned, shall have been respectively taken on board, and the places within the United States, for which they are respectively consigned, particularly noting the goods destined for each place, respectively: the name, description, and built, of such vessel, and her true admeasurement or tonnage, the place to which she belongs, with the name of each owner, according to her register, the name of her master, and a just and particular account of all the goods so laden on board, whether in packages or stowed loose, of any kind whatsoever, with the marks and numbers on each package, the number and description of the packages, in words at length, whether leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, chest, box, bandbox, bundle, parcel, cask, or package, of any kind, describing each by its usual denomination ; the names of the persons to whom they are respect. ively consigned, agreeably to the bills of loading, unless when the goods are consigned to order, when it shall be so expressed ; the names of the several passengers on board, distinguishing whether cabin or steerage passen
(1) Act 2 March, 1799, Sec. 19,