Imágenes de páginas

Executive order,

Mar. 1913.

R. S., 2880.

officer, if any, of the port where the vessel may be; and the master of such vessel shall, for each or every such offense, be liable to a penalty of five hundred dollars.

Merchandise shall not be entered or delivered from 3,

customs custody elsewhere than at one of the ports of
entry hereinbefore designated, except at the expense of
the parties in interest, upon express authority from the
Secretary of the Treasury and under conditions to be
prescribed by him. When it shall be made to appear to
the Secretary of the Treasury that the interests of com-
merce or the protection of the revenues so require, he may
cause to be stationed at places in the various collection
districts, though not named as ports of entry, officers or
employees of the customs with authority to enter and
clear vessels, to accept entries of merchandise, to collect
duties, and to enforce the various provisions of the cus-
toms and navigation laws. [For list of ports of entry, see
par. 478, p. 527.]
226. Limit of time for unlading.

Whenever any merchandise shall be imported into any May 9, 1896.

port of the United States from any foreign port, in any vessel, at the expiration of ten working days if the vessel is less than five hundred tons register, and within fifteen working days if it is of five hundred tons register and less than one thousand, and within twenty working days if it is of one thousand tons register and less than fifteen hundred, and within twenty-five working days if it is of fifteen hundred tons register and upward, not including legal holidays and days when the condition of the weather prevents the unlading of the vessel with safety to its cargo, after the time within which the report of the master of any vessel is required to be made to the collector of the district, if there is found any merchandise other than has been reported for some other district or some foreign port, the collector shall take possession thereof; but with the consent of the owner or consignee of any merchandise, or with the consent of the owner or master of the vessel in which the same may be imported, the merchandise may be taken possession of by the collector after one day's notice to the collector of the district. All merchandise so taken shall be delivered pursuant to the order of the collector of the district, for which a cer

tificate or receipt shall be granted. R. S., 2881.

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.

June 3, 1892.
Sec. 2.

All merchandise of which the collector shall take pos- R S., 2969. session under the provisions relating to the time for the discharge of a vessel's cargo shall be kept with due and reasonable care at the charge and risk of the owner. 227. Unlading of wines and spirits.

Every permit for the unlading of spirits, wines, or any R. S., 2883. part thereof, shall, previous to such landing or unlading thereof, be produced to the officer of inspection, who shall record or register in proper books the contents thereof, and shall indorse thereupon the word “ Inspected,” the time when, and his own name; after which he shall return the permit to the person by whom it was produced, and then, and not otherwise, it shall be lawful to land the spirits, or wines, therein specified; and if spirits or wines shall be landed without such indorsement upon the permit granted for that purpose, the master of the vessel from which the same shall have been so landed shall for every such offense be liable to a penalty of five hundred dollars, and the spirits or wines so landed shall be forfeited.

All distilled spirits, and wines, shall be landed under R. S., 2884. the inspection of the surveyor, or other officer acting as inspector of the revenue for the port, and such of the inspectors of the customs as shall be deputed by him for that purpose, and not otherwise, on pain of forfeiture thereof, for which purpose the officer shall at all reasonable times attend. This shall not, however, be construed to exclude the inspection of any officer of the customs, as now or heretofore practiced. 228. Post entry.

If any package whatever which has been so reported is R. S., 2887. wanting, and not found on board such vessel, or if the merchandise on board such vessel does not otherwise agree with the report or manifest delivered by the master of any such vessel, in every such case the master shall be liable to a penalty of five hundred dollars; except that if it is made to appear to the satisfaction of the collector, naval officer, and surveyor, or to the major part of them where those officers are established at any port, or to the satisfaction of the collector alone where neither of the others is established, or in case of trial for the penalty, to the satisfaction of the court, that no part whatever of merchandise of such vessel has been unshipped, landed, or unladen since it was taken on board, except as specified in the report or manifest, and pursuant to permits, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted. But in all such cases the master of any vessel shall be required and shall make a post entry or addition to the report or mani. fest by him delivered of any and all merchandise omitted to be included and reported in such manifest; and it shall not be lawful to grant a permit to unlade any such merchandise so omitted before such post entry or addition to such report or manifest has been made.

92075°--15- -15

R. S., 2888.

R, S., 2889.

229. Returns of unlading of cargo.

When the delivery of merchandise from on board of any vessel is completed, copies of the accounts or entries which have been kept or made thereof, by the officer charged with the deliveries, shall be returned to the collector of the district, and the naval officer, if any, within three days after such delivery has been completed, if at the port where such officer resides, and if at any other port as soon as the nature of the case will admit, not exceeding fifteen days. The accounts or entries to be so returned shall comprise all deliveries made pursuant to permits, and all packages or merchandise sent to the public stores; also each and every package remaining on board of such vessel for the purpose of being exported therein to a foreign port, or to some other district of the United States.

Such returns shall be signed by the inspectors respectively under whose superintendence the deliveries have been made; and, after examination, and on being found correct, shall be countersigned or certified by the surveyor of the port, if any, at the port where the deliveries have been made. The returns shall be transmitted by him to the naval officer, if any; who shall compare the same with the manifests and entries in his possession; and if any difference appears, the particulars thereof shall be noted by indorsement on the returns; and if no difference appears, it shall be so noted by like indorsements. The naval officer shall transmit the returns to the collector of the district; and on being returned to the collector, shall be by him compared with the manifests and entries of the merchandise, which have been made by the owner, consignee, or his factor or agent; and if any difference appears, the same shall be noted by indorsement on such manifests, specifying the particulars thereof; and if no difference appears, it shall be noted by like indorsement, that the delivery corresponds with the entry or entries thereof. The indorsement or memorandum shall, in each case, be subscribed by the officer by whom the comparison was made. 230. Vessels in distress.

If any vessel from any foreign port, compelled by distress of weather, or other necessity, shall put into any port of the United States, not being destined for the same, the master, together with the mate or person next in command, may, within twenty-four hours after her arrival, make protest in the usual form upon oath, before a notary public or other person duly authorized, or before the collector of the district where the vessel arrives, setting forth the cause or circumstances of such distress or necessity. Such protest, if not made before the collector, shall be produced to him, and to the naval officer, if any, and a copy thereof lodged with him or them. The master shall also, within forty-eight hours after such arrival, make report in writing to the collector, of the vessel and her cargo, as is directed hereby to be

R. S., 2891.

done in other cases. And if it appear to the collector, by the certificate of the wardens of the port, or other officers usually charged with, and accustomed to ascertain the condition of vessels arriving in distress, if any, or by the certificate of two reputable merchants, to be named for that purpose by the collector, if there are no such wardens, or other officers duly qualified, that there is a necessity for unlading the vessel, the collector and naval officer, if any, shall grant a permit for that purpose, and shall appoint an inspector to oversee such unlading, who shall keep an account of the same, to be compared with the report made by the master of the vessel.

All merchandise so unladen from any vessel arriving in R. S., 2892. distress shall be stored under the direction of the collector, who, upon request of the master of such vessel, or of the owner thereof, shall, together with the naval officer, where there is one, and alone where there is none, grant permission to dispose of such part of the cargo as may be of a perishable nature, if any there be, or as may be necessary to defray the expenses attending such vessel and her cargo. But entry shall be made therefor, and the duties paid.

In case the delivery of the cargo does not agree with the r. s., 2893. report thereof, made by the master of such vessel so arriving in distress, and if the difference or disagreement is not satisfactorily accounted for in manner prescribed by this Title [R. S., 2517–3129], the master of such vessel shall be liable to such penalties as in other like cases are prescribed.

The merchandise, or the remainder thereof, which shall R. 8., 2894. not be disposed of, may be reladen on board the vessel so arriving in distress, under the inspection of the officer who superintended the landing thereof, or other proper person; and the vessel may proceed with the same to the place of her destination, free from any other charge than for the storing and safe-keeping of the merchandise, and fees to the officers of the customs as in other cases.

Whenever any Spanish vessel shall arrive in distress, in R. S., 2895. any port of the United States, having been damaged on the coasts or within the limits of the United States, and her cargo shall have been unladen, in conformity with the provisions of the four preceding sections, the cargo, or any part thereof, may, if the vessel should be condemned as not seaworthy, or be deemed incapable of performing her original voyage, afterward be reladen on board any other vessel under the inspection of the officer who superintended the landing thereof, or other proper person. No duties, charges, or fees whatever, shaìl be paid on such part of the cargo as may be reladen and carried away, either in the vessel in which it was originally imported, or in any other. 231. Obstruction by ice.

When a vessel is prevented by ice from getting to the R. s., 2896. port or place at which her cargo is intended to be deliv

R. S., 2998.

ered, the collector of the district in which such vessel may
be obstructed may receive the report and entry of such
vessel, and, with the consent of the naval officer, where
there is one, grant permits for unlading or landing the
merchandise imported in such vessel, at any place within
his district, most convenient and proper. The report and
entry of such vessel, and her cargo, or any part thereof,
and all persons concerned therein, shall be subject to the
same regulations and penalties as if the vessel had ar-
rived at the port of her destination, and had there pro-
ceeded to the delivery of her cargo.
232. Unlawful removal of bonded merchandise.

Any person maliciously opening, breaking, or entering
by any means whatever, any car, vessel, vehicle, ware-
house, or package containing any such merchandise so
delivered for transportation, or removing, injuring, break-
ing, or defacing any lock or seal placed upon such car,
vessel, vehicle, warehouse, or package, or aiding, abetting,
or encouraging any other person or persons so to remove,
break, injure, or deface such locks or seals, or to open,
break, or enter such car, vessel, or vehicle, with intent to
remove or cause to be removed unlawfully any merchan-
dise therein, or in any manner to injure" or defraud the
United States; and any person receiving any merchandise
unlawfully removed from any such car, vessel, or vehicle,
knowing it to have been so unlawfully removed, shall be
guilty of felony, and in addition to any, penalties hereto-
fore prescribed shall be punishable by imprisonment for
not less than six months nor more than two years.
233. Transportation in bond.

Any merchandise, duly entered for warehousing, may be withdrawn under bond, without payment of the duties, from a bonded warehouse in any collection-district, and be transported to a bonded warehouse in any other collection-district, and rewarehoused thereat; and any such merchandise may be so transported to its destination wholly by land, or wholly by water, or partially by land and partially by water, over such routes as the Secretary of the Treasury may prescribe, and may likewise be conveyed over any foreign territory, the government of which may have, or shall by treaty stipulations grant, a free right of way over such territory.

The Secretary of the Treasury shall prescribe the form of the bond to be given for the transportation of merchandise from a port in one collection-district to a port in another collection-district as provided in the preceding section; also the time for such delivery; and for a failure to transport and deliver within the time limited any such bonded merchandise to the collector at the designated port, a duty of double the amount to which such merchandise would be liable shall be collected, which duty shall be secured by such bond, or the merchandise may be seized and forfeited for such failure, and any

R. S., 3000.

R, S., 3001.

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