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Goods to be Sec. 50. That no goods, wares or merchandise, brought in any ship or landed in the

vessel from any foreign port or place, shall be unladen or delivered from daytime, and not without a per

such ship or vessel, within the United States, but in open day, that mit.

is to say, between the rising and setting of the sun, except by special license from the collector of the port, and naval officer of the same, where there is one, for that purpose, nor at any time without a permit from the

collector, and naval officer, if any, for such unlading or delivery ; and Penalty. any goods, wares or merchandise shall be unladen or delivered from any

such ship or vessel, contrary to the direction aforesaid, or any of them, the master or person having the charge or command of such ship or vessel, and every other person who shall knowingly be concerned, or aiding therein, or in removing, storing, or otherwise securing the said goods, wares or merchandise, shall forfeit and pay, each and severally, the sum of four hundred dollars for each offence, and shall be disabled from holding any otlice of trust or profit under the United States, for a term not exceeding seven years; and it shall be the duty of the collector of the district, to advertise the names of all such persons in a newspaper, printed in the State in which he resides, within twenty days after each respective conviction ; and all goods, wares or merchandise, so unladen or delivered, shall become forfeited, and may be seized by any of the officers of the customs ; and where the value thereof, according to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel and furniture

shall be subject to like forfeiture and seizure. Goods not to Sec. 51. That no goods, wares or merchandise, brought in any ship or be removed be- vessel, from any foreign port or place, requiring to be weighed, gauged, or fore being weighed, &c. measured, in order to ascertain the duties thereupon, shall, without the

consent of the proper officer, be removed from any wharf, or place, upon which the same may be landed or put, before the same shall have been so weighed, gauged or measured, and if spirits, wines, teas or sugars, before the proof or quality and quantity thereof is ascertained and

marked thereon, by or under the direction of the proper officer for On pain of for- that purpose ; and if any.such goods, wares or merchandise shall be refeiture.

moved from such wharf or place, unless with the consent of the proper officer had and obtained, before the same shall have been so weighed, gauged or measured, and if spirits, wines, teas or sugars, before the proof or quality and quantity shall have been so ascertained and marked, the same shall be forfeited, and may be seized by any officer of the customs

or inspection. In case of in- Sec. 52. That all goods, wares and merchandise, of which entry shall complete entry, have been made incomplete, or without the specification of particulars, and of damage, either for want of the original invoice or invoices, or for any other cause, goods to be stored. or which shall have received damage during the voyage, to be ascertained

by the proper officers of the port or district in which the said goods, wares or merchandise shall arrive, shall be conveyed to some warehouse or storehouse, * to be designated by the collector, in the parcels or packages containing the same, there to remain with due and reasonable care, at the expense and risk of the owner or consignee, under the care of some proper officer, until the particulars, cost or value, as the case may require, shall have been ascertained either by the exhibition of the original invoice or invoices thereof, or by appraisement, at the option of the owner, importer or consignee, in manner hereafter provided, and until the

duties thereon shall have been paid, or secured to be paid, and a permit Mode of ap- granted by the collector for the delivery thereof. And for the appraisepraising goodsment of goods, wares and merchandise, not accompanied with the original and ascertaining damage.

invoice of their cost, or to ascertain the damage thereon received during the

voyage, it shall be lawful for the collector, and upon request of the

* See act of August 6, 1846, ch. 84, § 1.

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party, he is required to appoint one merchant, and the owner, importer or
consignee to appoint another, who shall appraise or value the said goods,
wares or merchandise accordingly,* which appraisement shall be sub-
scribed by the parties making the same, and be verified on oath or affir-
mation before the said collector ; which oath or affirmation shall be in the
form following, to wit:-

We [insert the names of the persons] appointed by the collector of Appraisers'
[here insert the name of the port or district] and [here insert the name or
names of the importer or importers] to ascertain the contents, and ap-
praise the value of the merchandise contained in the several packages
described in the within or annexed entry or account, do solemnly, sincere-
ly and truly swear (or affirm] that the several articles detailed in the
annexed appraisement, subscribed with our names, contains a full and
true account of all the merchandise whatsoever contained in the several
packages mentioned in such entry or account, and that the several prices
by us affixed to each article are, to the best of our skill and judgment,
the true and actual value or cost thereof, at the place of exportation. So
help us God.*

And in respect to articles that have been damaged, during the voyage, Duty of ap-
as aforesaid, whether subject to a duty ad valorem, or which are charge- praisers, as iting

damaged goods.
able with a specific duty, either by number, weight or measure, the ap-
praisers as aforesaid shall in like manner ascertain and certify, to what
rate or percentage, the said goods, wares or merchandise are damaged, Allowance for
and the rate or percentage of damage, so ascertained and certified, shall dainage.
be deducted from the original amount, subject to a duty ad valorem, or
from the actual or original number, weight or measure on which specific
duties would have been computed : Provided, That no allowance for the

No allowance

for damage, un-
damage on any goods, wares or merchandise, that have been entered, and less proof be
on which the duties have been paid or secured to be paid, and for which lodged within
a permit has been granted to the owner or consignee thereof, and which ten days after

landing
may on examining the same prove to be damaged, shall be made, unless
proof to ascertain such damage shall be lodged in the custom-house of the
port or place where such goods, wäres or merchandise bave been landed,
within ten days after the landing of such merchandise. And every per-
son who shall be appointed to ascertain the damage during the voyage, of
any goods, wares or merchandise, shall take and subscribe an oath or af-
firmation in the following form, to wit :
We [insert the names of the persons] appointed by the collector of

Oath of per-
the district of [insert the name of the district] and [insert the name or

sons appointed

to ascertain
names of the owner or owners, consignee or consignees to ascertain and damages.
appraise the damage sustained on merchandise imported by [insert the
name or names of the importer or importers] in the [insert denomination
and name of the vessel] whereof [insert the name] is master, from [insert
the port or place from which imported] do solemnly, sincerely and truly
swear (or affirm) that we have carefully examined the several packages'
hereafter enumerated and described, and find the several articles of mer-
chandise, as particularly detailed, contained in the said packages, to have
received damage, as we believe, during the voyage of importation, and
that the allowance, by us made for such damage, is to the best of our skill
and judgment, just.

So help us God.
Sec. 53. That it shall be lawful for the collector of any district at which Inspectors may
any ship or vessel may arrive, and immediately on her first coming within be put on board

vessels.
such district, and for the surveyor of any port where such ship be, to put
and keep on board such ship or vessel, whilst remaining within such dis-
trict, or in going from one district to another, one or more inspectors to
examine the cargo, or contents of such ship or vessel, and to superintend
the delivery thereof, or of so much thereof as shall be delivered within

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* See act of March 1, 1823, ch. 21, $ 16.

the United States, and to perform such other duties, according to law, as they shall be directed by the said collector, or surveyor, to perform for the better securing the collection of the duties: Provided, That collectors only

shall have power to put on board ships or vessels, inspectors to go from Duty of in- one district to another; and the said inspector or inspectors, shall make spectors. known to the person having the charge or command of such ship or vessel,

the duties he or they, is or are, so to perform; and shall suffer no goods, wares or merchandise of any nature or kind whatsoever to be landed or unladen, or otherwise taken or removed from such ship or vessel, without a permit in writing from the collector of the port, and naval officer thereof, where any, first had and granted for that purpose, and the inspector aforesaid shall enter in a book, to be by him or each of them kept according to such a form as shall be prescribed or approved by the collector, the name or names of the person or persons in whose behalf such permits are granted, together with the particulars therein specified, and the marks, numbers, kinds and description of the respective packages, which shall be unladen pursuant thereto, and shall keep a like account in the said book of all goods, wares and merchandise, which not having been entered within the time limited by this act, or for some other cause, have been sent to the store or warehouse, provided for the reception of such goods, wares or merchandise; which book shall be delivered to the surveyor in the month of January in every year for his inspection, and immediately after such inspection, be transmitted by the surveyor, with such observations as he may think necessary thereon, to the collector, to be deposited in his office. And it shall be the duty of the said inspector or inspectors, to attend to the delivery of the cargo or cargoes under their care, at all times when the unlading or delivery of goods, wares and merchandise is lawful, particularly from the rising till the setting of the sun on each day, Sundays and the Fourth day of July in each year excepted; for which purpose they shall constantly attend and remain on board the vessel or vessels,

the deliveries from which they are to superintend, or at any other stations Penalty on where their inspection is necessary. And said inspector or inspectors misbehavior.

shall not quit such stations or places, without the leave of the surveyor of the port first bad and obtained for that purpose, who shall appoint another inspector (if he shall judge it necessary) to supply the place of such inspector or inspectors, during his or their absence; and any inspector, who shall neglect or in any manner act contrary to the duties hereby enjoined, shall for the first offence forfeit and pay the sum of fifty dollars, and for the second offence, shall be displaced, and be incapable of holding any station of trust or profit under the revenue laws of the United States, for a term not exceeding seren years. And no inspector or inspectors shall perform any other duties or service, on board any ship or vessel, the superintendence of which is committed to him or them, for any person or persons whatever, other than what is required by this act, under the pen

·alty of being disabled from acting any longer as an inspector of the cusVages of in- toms; and the wages or compensation of such inspector or inspectors, as spector, by whom to be may proceed from one district to another, shall be defrayed by the master paid.

or person having the charge or command of the ship or vessel committed to his or their care; and every inspector or other officer of the revenue, while performing any duty on board any ship or vessel, not in a port of the United States, discharging her cargo, shall be entitled to receive from

the master of such ship or vessel, such provisions and accommodations as plied with provisions and ac

are usually supplied to passengers, or as the state and condition of such commodations ship or vessel will admit, on receiving therefor fifty cents per diem; and on board of ves- any master of any ship or vessel, who shall refuse provisions and rea

sonable accommodations as aforesaid, shall forfeit and pay one hundred

dollars. Officers of the Sec. 54. That it shall be lawful for all collectors, naval oflicers, survey. custoins inay go ors, inspectors, and the officers of the revenue cutters, hereinafter meno

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tioned, to go on board of ships or vessels in any port of the United States, on board of ves-
or within four leagues of the coast thereof, if bound to the United States, sels, and their
whether in or out of their respective districts, for the purposes of demand-
ing the manifests aforesaid, and of examining and searching the said ships
or vessels; and the said officers respectively shall have free access to the
cabin and every other part of a ship or vessel; and if any box, trunk,
chest, cask, or other package shall be found in the cabin, steerage or fore-
castle of such ship or vessel, or in any other place separate from the resi-
due of the cargo, it shall be the duty of the said officer to take a particu-
lar account of every such box, trunk, chest, cask or other package, and
of the marks and numbers thereof, if any there be, and a description
thereof, and if he shall judge proper, to put a seal or seals on every such
box, trunk, chest, cask or other package ; and such an account and de-
scription shall be by him forwarded without delay to the collector of the
district to which such ship or vessel is bound. And if upon her arrival
at the port of her entry, the boxes, trunks, chests, casks, or other packages
so described, or any of them, shall be missing, or if the seals put thereon
be broken, the master or commander of such ship or vessel shall forfeit
and pay for every such box, trunk, chest, cask or other package so miss-
ing, or of which the seals shall be broken, the sum of two hundred dollars.
And it shall also be lawful for the inspectors who may be put on board of Further duty.

of inspectors.
any ship or vessel, (and they are hereby required and enjoined so to do)
to secure after sunset in each evening, or previous to their quitting the
slip or vessel, the hatches and other communications with the hold of
such ship or vessel, or any other part thereof he or they may judge neces-
sary, with locks or other proper fastenings, which locks or other fastenings
shall not be opened, broken, or removed until the morning following, or
after the rising of the sun, and in the presence of the inspector or inspec-
tors, by whom the same shall have been so affixed, except by special
license from the collector of the port, and naval officer thereof, if any, for
that purpose, first had and obtained. And if the said locks or other fast-
enings, or any of them shall be broken or removed, during the night or
before the said rising of the sun, or without the presence of the said in-
spector or inspectors, or without such license first had and obtained, or if
any goods or packages shall be clandestinely landed, notice thereof shall
be immediately given by the inspector or inspectors, to the collector and
naval officer of the district, port or place, where the vessel may be; and
the master, or other person having the charge or command of any such
ship or vessel, shall, for each or every of the offences aforesaid, forfeit and
pay the sum of five hundred dollars.

Sec. 55. That when the delivery of goods, wares and merchandise Inspectors to
from on board of any ship or vessel, shall have been completed, copies of make returns of
the accounts or entries which shall have been kept or made thereof, by their deliveries
the officer or officers who shall have been charged with the said deliver- and naval officer.
ies, shall be returned to the collector of the district and naval officer of
the same, if any there be, within three days after such delivery hath been
completed, if at the port where such officer or officers reside, and if at
any other port, as soon as the nature of the case will admit, not exceeding
fifteen days; and the accounts or entries to be returned as aforesaid, shall
comprise all deliveries made pursuant to permits as aforesaid, and all
packages or merchandise sent to the public stores; also each and every
package remaining on board of such ship or vessel, for the purpose of
being exported therein, to a foreign port or place, or to some other dis-
trict of the United States. And the returns of the inspectors, to be made
as aforesaid, shall be according to the following form - namely:

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Form of in- Return of merchandise, unladen under my inspection, pursuant to permits spector's return.

for that purpose, from on board the [insert the names of the vessel and master] from [insert the port from which the vessel arrived.]

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Inspector's re- And the returns to be made as aforesaid, shall be signed by the inamined by the spectors respectively, under whose superintendence the deliveries shall surveyor, naval have been made; and after examination, and on being found correct, said officer and col- s returns shall be countersigned or certified by the surveyor of the port, if lector.

any there be, at the port where the deliveries have been made; and the said returns shall be transmitted by him to the naval officer, if any there be, who shall compare the same with the manifests and entries in his possession; and if any difference shall appear, the particulars thereof shall be noted by endorsement on the said returns, and if no difference shall appear, it shall be so noted by like endorsements, — and transmit the same to the collector of the district; and on being returned to the collector, it shall be by him compared with the manifests and entries of such goods, wares or merchandise, which shall have been made by the owner or owners, consignee or consignees, or his or their factor or agent; and if any difference shall appear, the same shall be noted by endorsement on such manifests, specifying the particulars thereof; and if no difference shall appear, it shall be noted by like endorsement, that the delivery hath corresponded with the entry or entries thereof; which endorsement or memorandum shall, in each case, be subscribed by the officer by whom

such comparison shall bave been made. Goods remain- Sec. 56. That if at the expiration of fifteen working days,* after the ing on board

time within which the report of the master, or person having the charge or after fifteen days to be taken into command of any ship or vessel, so required to be made to the collector inspector's pos- of a district as aforesaid, there shall be found on board, any goods, wares

and merchandise, other than shall bave been reported for some other district, or some foreign port or place, the said inspector or inspectors shall take possession thereof. Provided, That with the consent of the owner or consignee of any goods, wares or merchandise, or with the consent of the owner or master of the vessel, in which the same may be imported, the said goods, wares or merchandise may be taken possession of, at any time, after five days' notice to the collector of the district. And all goods, wares or merchandise, taken as aforesaid, shall be delivered pursuant to the order of the collector of the district ; for which a certificate or receipt shall be granted in the following form:

District of

Port of Form of re- I certify, that there has been received into store, from on board the ceipt therefor. [insert the denomination and name of the vessel] whereof [insert the

session.

.

* See act of 1861, ch. 81, $ 1.

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