United States Statutes at Large/Volume 1/3rd Congress/2nd Session/Chapter 31
[Repealed.]
Chap. ⅩⅩⅩⅠ.—An Act supplemetary to the act, intituled “An act to provide more effectually for the collection of the Duties on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels.
Penalty on hindering officer of the revenue from going on board a vessel.
1790, ch. 35.
1799, ch. 22.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if the master or commander of any ship or vessel, coming into, or arriving at any port or place, within the United States, shall obstruct or hinder, or shall cause any obstruction or hindrance, with such an intent, to any officer of the revenue, in going on board such ship or vessel for the purpose of carrying into effect any of the revenue laws of the United States, he shall forfeit a sum not exceeding five hundred, nor less than fifty dollars.
Sec. 2. And be it further enacted, That in all actions, suits or informations to be brought, where any seizure shall be made, for any breach Burden of proof in suit for breach of revenue laws to lie on claimant.of the revenue laws of the United States, the burthen of proof shall lie on the claimant only, where probable cause is shown for such prosecution, to be judged of by the court, before whom the prosecution is had.
Special bail to be given in suits for penalties on such breaches.Sec. 3. And be it further enacted, That in all cases, in which suits or prosecutions shall be commenced for the recovery of pecuniary penalties prescribed by the laws of the United States, the person or persons, against whom process may be issued, shall be held to special bail, subject to the rules and regulations, which prevail in civil suits, in which special bail is required.
Certain new districts and ports of delivery established.Sec. 4. And be it further enacted, That from and after the last day of May next, there shall be established the following new districts and ports of delivery, to wit: In the state of New York, a district to be called the district of Hudson; which shall include the city of Hudson, and all the waters and shores northward of the said city on Hudson river, and the town of Catskill below the said city; and the said city of Hudson shall be the sole port of entry for the said district; to which shall be annexed the towns or landing-places of Catskill, Kinderhook and Albany, as ports of delivery only; and the collector for the said district shall reside at Hudson, and a surveyor to reside at Hudson, and another, at Albany, as is now by law established:—In the state of Connecticut, a district, to be called the district of Middletown; which shall include the several towns and landing-places of Lyme, Saybrook, Killingsworth, Haddam, East Haddam, Middletown, Chatham, Weathersfield, Glastenbury, Hartford, East Hartford, Windsor and East Windsor; of which, Middletown shall be the sole port of entry, and the other towns and landing-places before-named shall be ports of delivery only: and the collector shall reside at Middletown, and there shall be two other surveyors appointed within the said district, one to reside at Hartford, and the other at Saybrook:—In the state of Massachusetts, a district to be called the district of Waldoborough, and a collector for the district shall reside at Waldoborough, which shall be the sole port of entry; and to which district shall be annexed the towns of Bristol, Nobleborough, Warren, Thomaston, Cushing and Cambden; also a place, called Ducktrap, as ports of delivery only; and there shall be a surveyor to reside at Thomaston; and all the shores and waters from the middle of Damarascotty river to Ducktrap, shall be comprehended within the said district of Waldoborough. And in the district of Portland and Falmouth, Freeport and Harpswell; and also in the district of Bath, the towns of Georgetown and Brunswick shall be ports of delivery only:—Collectors to give bond, &c.And the collectors to be appointed in conformity with this act shall each become bound in the sum of four thousand dollars, and each surveyor, in the sum of one thousand dollars, in manner, as is by law provided in like cases. And the same duties, authorities and fees of office, with a similar distribution thereof, shall appertain to those appointments, as are now, in like cases, authorized by law. And the collectors aforesaid shall each receive the same per centage on the amount of all monies by them respectively received for duties, together with the same yearly allowance, as is allowed by law to the collector of the district of Fairfield; Surveyors.and each of the surveyors in the districts aforesaid shall receive the same yearly allowance, as is, or may be allowed, by law, to the surveyor of the district of New Haven.
Masters of vessels bound to certain ports, how to conduct themselves.Sec. 5. And be it further enacted, That the master or commander of any ship or vessel, bound from a foreign port or place, to the district of Hudson, or to the district of Bermuda Hundred and City Point, shall, if bound to the former, first come to, with his ship or vessel, at the city of New York, and if to the latter, after the last day of September next, at Hampton Road or Sewell’s Point, and there make report to the collector of New York, or of Norfolk and Portsmouth, or to the collector of the port of Hampton, as the case may be, and take on board an inspector of the customs, before he shall proceed to the district of Hudson, or to the district of Bermuda Hundred and City Point: and if bound to any port on Connecticut river, shall take an inspector on board, at Saybrook, before proceeding to such port. Penalty.And if any master or commander shall neglect or refuse to comply with the duty hereby enjoined, or which is enjoined in the third section of the act, intituled 1790, ch. 35.“An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels,” he shall forfeit a sum not more than five hundred, and not less than fifty dollars: Provided, however, 3d section of certain law not to extend to certain ports.That from and after the last day of May next, the restrictions contained in the said third section shall not extend to, and be considered, as affecting, the several ports or places included within the district of Middletown; also the ports of North Yarmouth, Freeport and Harpswell in the district of Portland and Falmouth, or the ports of Georgetown and Brunswick in the district of Bath.
Limits of the district of Hampton, for James River.Sec. 6. And be it further enacted, That the district of Hampton for James river shall only extend up to the east side of Chickahomony river: and from thence upwards to Richmond on the north side shall be annexed to the district of Bermuda Hundred and City Point, which district shall extend down James river on the south side to Hood’s.
The part of goods forfeited belonging to the United States applied to pay costs, if under a certain value.Sec. 7. And be it further enacted, That whenever a seizure, condemnation and sale of goods, wares and merchandise shall hereafter take place, in the United States, and the value thereof shall be less than one hundred dollars, that part of the forfeiture, which accrues to the United States, or so much thereof as shall be necessary, shall be applied to the payment of the costs of prosecution.
When agent enters goods penalty of bond to be increased.Sec. 8. And be it further enacted, That from and after the last day of May next, whenever an entry shall be made with the collector of any district, of any merchandise imported into the United States, subject to duties, by any agent, factor or person, other than the bona fide owner or consignee of such merchandise, it shall be the duty of the collector to increase the penalty of the bond to be given for the duties, the sum of one thousand dollars, and to make it a part of the condition of the said bond, New article in the condition of the bond.that the bona fide owner or consignee of such merchandise shall, on or before the first day of payment stipulated in said bond, deliver to said collector a full and correct account of the said merchandise imported for him, or on his account, or consigned to his care, in manner and form, as is now required by law, in respect to an entry, previous to the landing of any merchandise; which account shall be verified, as in the case of an entry, and by a like oath or affirmation, to be taken and subscribed before any judge of the United States, or the judge of any court of record of a state, or before a collector of the customs of some other district. In case duties are paid, security is to be given.And in case of the payment of the duties, at the time of entry, by any factor or agent, on the goods entered by him, the collector shall take his bond with security, in the penalty of one thousand dollars, with condition, that the account, verified by the oath or affirmation of the bona fide owner or consignee, in manner as before directed, shall be delivered to the said collector, within ninety days.
How bonds, given for goods on which drawback is payable, shall be discharged.Sec. 9. And be it further enacted, That all bonds, which may be given for any goods, wares, or merchandise exported from the United States after the last day of May next, and on which any drawback of duties, or allowance, shall be payable in virtue of such exportation, shall and may be discharged, and not otherwise, by producing, within one year from the date thereof, if the exportation be made to any part of Europe or America, or within two years, if made to any part of Asia or Africa, Certificate from consignee.a certificate under the hand of the consignee at the foreign port or place, to whom the said goods, wares or merchandise shall have been addressed therein particularly setting forth and describing the articles so exported, with their quantities or amount, and declaring that the same have been delivered from on board the vessel, in which they were exported, at the said place; as also, a certificateCertificate from consul under the hand and seal of the consul or agent of the United States residing at the said place, declaring, either that the facts stated in such consignee’s certificate are, to his knowledge, true, or that the certificate of such consignee is, in his opinion, deserving of full credit: which certificate of the consignee and consul or agent, shall, in all cases, as respects the landing or delivery of the said goods, wares or merchandise, to be confirmed by oath of captain, &c.be confirmed by the oath of the master and mate, if living, or in case of their death, by the oath or affirmation of the two principal surviving officers of the vessel, in which the exportation shall be made. How to proceed where there is no consul.And in cases where there shall be no consul or agent of the United States, residing at the said place of delivery, the certificate of the consignee before required shall be confirmed by the certificate of two reputable American merchants residing at the said place; or if there be no such American merchants, then by the certificate of two reputable foreign merchants, testifying that the facts, stated in such consignee’s certificate, are, to their knowledge, true, or that such consignee’s certificate is, in their opinion, worthy of full credit; which certificates shall be supported by the oath or affirmation of the master and mate, or other principal officers of the vessel, in the manner before prescribed. And in cases of loss at sea, or by capture, or other unavoidable accident, When certificate cannot be produced,or when, from the nature of the trade, the proofs and certificates before mentioned are not, and cannot be produced, the exporter or exporters shall be allowed to adduce, to the collector of the port of exportation, such other proofs, as they may have, and as the nature of the case will admit; proofs, &c. to be sent to the comptroller.which proofs shall, with a stating of all the circumstances attending the transaction, within the knowledge of such collector, be transmitted to the comptroller of the treasury, who shall, if he be satisfied with the truth and validity thereof, have power to direct the bonds of such exporter or exporters to be cancelled.
Approved, February 26, 1795.