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Vessels of 1,500 tons and upwards, 25 working days after entry.
The working days of a vessel are to be computed by excluding the date of entry, legal holidays, and stormy days when discharge is impracticable with safety to cargo.
All merchandise found on board at the expiration of these periods, not reported for transshipment to some other district or some foreign port or place, must be taken possession of by the collector. But, with the consent of the owner or consignee, or of the owner or master of the vessel, such merchandise may be taken possession of after one day's notice to the collector of such consent. One working day must intervene between the giving of the Act June 3, notice and the obtaining of the order to discharge. The limitation of time for unlading prescribed by the preceding section shall not extend to vessels laden exclusively with coal, salt, sugar, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders; but if the master of any such vessel requires a longer time to discharge her cargo, the wages or compensation of the inspector, for every day's attendance exceeding the number of days allowed by law, shall be paid by the master or owner; and thereupon the collector is hereby authorized and required to allow such longer time, not exceeding fifteen days.
ART. 126. Merchandise may be permitted to remain upon wharf not to exceed 48 hours from final discharge, upon application of master, owner, or agent of vessel, on the form prescribed in Cat. No. 502. This privilege is restricted to vessels of regularly established steamship lines. A bond of indemnity may be required by the collector.
T. D. 3230, 3259, 3278, 19390. R. S., 2872.
R. S., 2966. Act June 26, 1884, sec. 24.
ART. 127. When it shall appear by the bill of lading that any portion of a cargo is deliverable immediately after the entry of the vessel, the collector may at once take possession of such merchandise and deposit the same in a general order warehouse, but if it does not so appear by the bills of lading, on request of the master or consignee of any vessel and one day's notice, the collector may take like possession of the merchandise on board any
R. S., 2880, 281. vessel arriving in his district. In case the vessel be laden with salt, coal, and similar bulky articles, the collector may grant an extension of time, upon a deposit with him by the master or owner of the vessel of a sum equal to the wages of the inspector in charge for each day's service in excess of the limitation; and if, by reason
of the delivery of the cargo in other districts, the limitation is exceeded, the compensation of the inspector in charge is to be paid for every day's excess; and before clearance shall be granted to such vessel the inspector must render an account in duplicate of the amount due for overtime, one copy to be delivered to the consignee or master of the vessel and the other to the collector.
T. D. 2911.
The master of a vessel laden exclusively either with sugar, coal, salt, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders, may be permitted to destine such cargo or determine its disposition "for orders," upon entering the vessel at the custom-house, and, within fifteen days afterwards and before the unloading of any part of the cargo, to amend ifest by designating the actual port of discharge of such cargo. In the event of failure to designate the port of discharge within fifteen days such cargo must be discharged at the port where the vessel entered.
The master of any steamship, trading between foreign Act ports and ports in the United States, and running in a regularly established steamship line, which line shall have been in existence and running steamers in the foreign trade for not less than one year previous to the application of the privilege extended by this act, arriving in a port of entry, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements contained in his manifest and delivering said manifest to the customs officer, who shall board said vessel, whereupon the unlading of such vessel may proceed upon arrival at the wharf, under the special regulations governing such cases. Customs officers acting as boarding officers, and any customs officer, who may be designated for that purpose by the collector of the port, are authorized to administer the oath or affirmation herein provided for.
June 26, 1884, sec. 29.
ART. 128. Vessels arriving at a port of entry in the R. S., 2776; act United States, laden with coal, salt, railroad iron and other like articles in bulk, may proceed to places within that collection district to be specially designated by the Secretary of the Treasury, under the superintendence of 15557, 15781, customs officers, at the expense of the parties interested, for the purpose of unlading.
T. D. 9982,
Act June 3, 1892; T. D. 12871.
June 5, 1894; Cir. 84, 1894.
§ 3. FOREIGN CLEARANCES.
4197, 4198, 4199,
ART. 129. Before a clearance shall be granted to any R. S., 2888, 2889, vessel bound to a foreign port, it must be shown by the 4200, 4201, 4206 discharging officer's return that all the cargo imported in
the vessel has been duly discharged and accounted for and the master shall file with the collector an outward manifest, in the prescribed form under oath, of all the cargo laden on board, which must agree with the manifests filed by the several shippers; for failure to file such outward manifest the master shall be liable to a penalty of $500.
The clearance granted by a collector for a vessel and her cargo need not specify the particulars thereof, unless required by the master or other person in charge or command of the vessel.
The form of the manifest will be as follows:
FORM No. 7.
Outward foreign manifest.
Report and manifest of the cargo laden at the port of board the whereof bound for
is master, or conductor,
Value of foreign merchan
dise on the passage in tran
situ from one foreign coun
try to another.
To be landed
Columns No. 1 and 2 should embrace all domestic merchandise, whether exported in bond under the internalrevenue act or otherwise; and also include all manufactures from foreign products, such as cordage from foreign hemp, sugar refined from foreign sugar, and coffee and spices, ground or adulterated.
Column No. 3 should embrace all foreign merchandise exported from bonded warehouse, duties remaining unpaid, or which, duties having been paid, is exported for benefit of drawback.
Column No. 4 should embrace all foreign merchandise on which the duties have been paid, and which has left the custody of the officers of the customs, provided the condition of the merchandise has not been changed; if remanufactured or adulterated, it becomes a domestic export, and must be classified as such under column No. 1. Column No. 5 should embrace all foreign merchandise in transit, or entered for immediate exportation, and so declared upon the entry.
The manifest of cargo must be verified by the oath or affirmation of the master. (Cat. No. 476.)
The list of fees chargeable by consuls, required by law to be attached to the clearance, should, for convenience, be printed on the blank forms of clearance.
ART. 130. Before a clearance for a foreign port shall be granted by the collector, the owners, the shippers, or consignors of the cargo shall deliver to the collector manifests of the portions thereof shipped by them respectively, and verify the same on oath before the collector. Such manifests must specify the kinds, quantities, value, and destination of the merchandise. Supplementary T. D. 1797, 3281, manifests for statistical purposes may be filed under oath of owner or agent of vessel within 4 business days after the clearance of the vessel, but such filing will not affect any fine incurred by failure to observe the law.
ART. 131. Before the clearance of a vessel of the United R. S., 4573. States bound on a foreign voyage, or about to engage in the whale fishery, the master must file under oath a list of the names, places of birth and residence, and a description of the persons who compose his crew; and the collector shall deliver to him a certified copy of such list, with or without erasure or interlineation.
The master of every vessel bound on a foreign voyage or engaged in the whale fishery shall exhibit the certified copy of the list of the crew to the first boarding officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein to the boarding officer, whose duty it shall be to examine the men with such list and to report the same to the collector; and it shall be the duty of the collector at the port of arrival, where the same is different from the port from which the vessel originally sailed, to transmit a copy of the list so reported to him to the collector of the port from which such vessel originally sailed. For each failure to produce any person on the certified copy of the list of the crew, the master and owner shall be severally liable to a
R. S., 337, 4197, 4200, to 4207.
R. S., 4576. March 3, 1897. Sec. 3; T. D. 17867.
penalty of four hundred dollars, to be sued for, prosecuted, and disposed of in such manner as penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties; but such penalties shall not be incurred on account of the master not producing to the first boarding officer any of the persons contained in the list who may have been discharged in a foreign country with the consent of the consul, vice-consul, commercial agent, or vice-commercial agent there residing, certified in writing, under his hand and official seal, to be produced to the collector with the other persons composing the crew, nor on account of any such person dying or absconding, or being forcibly impressed into other service, of which satisfactory proof shall also be exhibited to the collector.
ART. 132. The master of every vessel bound to a foreign port, or of any vessel of the burden of 75 tons or upwards, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before a clearance can be granted, obtain the certificate of a collector to a duplicate of the shipping articles. But this shall not be required of a vessel where the seamen are by agreement entitled to share in the profits of a voyage, or of the master of a coastwise or lake-going vessel that touches at foreign ports, or is engaged in trade between the United States and British North America, or the West Indies or Mexico.
Masters of such vessels although not required to enter into agreements with their seamen before a shipping commissioner unless they so desire, shall, however, before clearance, obtain from the collector a certified copy of the shipping articles, containing the names of the crew, to be written in a uniform hand, without erasures or interlineations.
Bills of health and a certified copy of the outward manifest, when required by the master of a vessel bound on a foreign voyage, will be furnished by the collector.
ART. 133. The master of a vessel having on board goods liable to inspection under the State laws must produce, before a clearance is granted, if required by such laws, the certificate of inspection and the receipts for the payment of legal fees.
ART. 134. A vessel of the United States, bound from a port in the United States to a foreign port, or vice versa, is required, before clearance, to receive on board all coin, bullion, United States notes, bonds, and other securities which any official representative of the Government of the United States at home or abroad shall offer, and promptly