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ments to con
liable to seizure.
Goods subject $ 24. That every collector, naval officer, and surveyor, or to duty, and concealed, bow
other person specially appointed by either of them for that to be searched purpose, shall have full power and authority, to enter any ship for, seized and or vessel, in which they shall have reason to suspect any goods, secured, &c.
wares, or merchandise, subject to duty, shall be concealed; and therein to search for, seize, and secure, any such goods, wares or merchandise; and if they shall have cause to suspect a concealment thereof, in any particular dwelling house, store, building, or other place, they, or either of them, shall, upon
application, on oath or affirmation, to any justice of the peace, [* See amend- be entitled to a warrant,* to enter such house, store, or other
place, (in the day time only,) and there to search for such stitution, art, 4th.]
goods; and if any shall be found, to seize and secure the same for trial; and all such goods, wares and merchandise, on which the duties shall not have been paid or secured, shall be for
feited. Collector to $ 25. That all goods, wares, and merchandise, which shall take custody of be seized by virtue of this act, shall be put into and remain in goods seized,
the custody of the collector, until such proceedings shall be had, as by this act are required, to ascertain whether the same have been forfeited or not; and if it shall be adjudged that
they are not forfeited, they shall be forthwith restored 10 the Penalty for
owner or owners, claimant or claimants thereof. And if any concealing or
person or persons shall conceal or buy any goods, wares, or buying goods merchandise, knowing them to be liable to seizure by this act,
such person or persons shall, on conviction thereof, forfeit and pay a sum double the value of the goods so concealed or purchased.
§ 26. That it shall be the duty of the several officers to be as well out 'er, appointed or employed by virtue of this act, to make seizure as within, their of, and secure any ship or vessel, goods, wares, or merchandistricts. dise, which shall be liable to seizure by virtue of this act, as
well without, as within, their respective districts. Officers sued,
27. That if any officer or other person, executing, or aidor molested, ing and assisting in the seizure of goods, shall be sued or momay plead the lested for any thing done in virtue of the powers given by this give this act in act, or by virture of a warrant granted by any judge or justice evidence, &c. pursuant to law, such officer or other person may plead the
general issue, and give this act in evidence; and if in such suit the plaintiff be nonsuited, or judgment pass against him, the defendant shall recover double cost; and in all actions, suits, or informations, to be brought, where any seizure
shall be made pursuant to this act, if the property be claimed Onus probandi. by any person, in every such case the onus probandi shall be Persons forcibly resisting,
such claimant; and is any person shall forcibly resist,
upon subject to a prevent, or impede, any officer of the customs, or their depufine of 400 dol- ties, or any person assisting them in the execution of their
duty, such persons so offending shall, for every offence, be Collectors, na- fined in a sum not exceeding four hundred dollars. val officers, $28. That every collector, naval officer, and surveyor, to give bond for shall, within three months after he enters upon the execution performance of of his office, give bond, with one or more sufficient sureties, duty, in the
to be approved of by the comptroller of the treasury of the tioned.
of the compo
United States, and payable to the said United States, conditioned for the true and faithful discharge of the duties of his office according to law; that is to say, the collector of Philadelphia, in the sum of sixty thousand dollars; the collector Sums of collecof New York, fifty thousand dollars; the collector of Boston, tors' bonds. forty thousand dollars; the collectors of Baltimore town and Charleston, thirty thousand dollars; the collector of Norfolk and Portsmouth, fifteen thousand dollars; the collectors of Portsmouth, in New Hampshire, of Salem and Beverly, Wilmington, Annapolis, Georgetown in Maryland, Bermuda Hundred and City Point, and Alexandria, ten thousand dollars each; the collectors of Newburyport, Gloucester, Marblehead, Plymouth, Nantucket, Portland and Falmouth, New London, New Haven, Fairfield, Perth Amboy, Chester, Oxford, Yorktown, Dumfries, Georgetown in South Carolina, Beaufort, and Savannah, each five thousand dollars; and all the other collectors, in the sum of two thousand dollars each. The naval officers for the ports of Boston, New York, Philadelphia, Baltimore town, and Charleston, ten thousand dollars Sums of naval each ; and all the other naval officers, in the sum of two thousand dollars each. The surveyors of the ports of Boston, Sums of surNew York, Philadelphia, Baltimore town, and Charleston, five veyors’ bonds. thousand dollars ch; and all other surveyors, one thousand dollars each : which bonds shall be filed in the office of the Bonds to be filsaid comptroller, and be by him severally put in suit, for the ed in the office benefit of the United States, upon any breach of the condi
troller, &c. tion thereof.
$ 29. That there shall be allowed and paid to the collec- Fecs of office, tors, naval officers, and surveyors, to be appointed pursuant to this act, the fees and per centage following, that is to say; to each collector, for every entrance of any ship or vessel of To collectors. one hundred tons burthen or upwards, two dollars and an half; for every clearance of any ship or vessel of one hundred tons burthen and upwards, two dollars and a half; for every entrance of any ship or vessel under the burthen of one hundred tons, one dollar and a half; for every clearance of a ship or ' vessel under one hundred tons burthen, one dollar and a half; for every permit to land goods, twenty cents; for every bond taken officially, forty cents; and for every permit to load. goods for exportation, which are entitled to a drawback, thirty cents; for every official certificate, twenty cents; for every bill of health, twenty cents; for every other official document (registers excepted) required by the owner or master of every vessel, not before enumerated, twenty cents; and where a naval officer is appointed to the same port, the said fees shall be Fees to be equally divided between the collector and the said naval of- equally dividficer, apportioning to each his moiety of the necessary ex- collectors and penses of stationary, and the rent of an office to be provided naval officers, by the collector, in the place of his residence, most conveni- &c. ent for the trade of the district, in which the said collector and naval officer shall each have at least one separate room : and the said fees shall be received by the collector, who shall settle the accounts monthly, and pay to the naval officer the balance which may be due to him on such monthly settle
Fees to surveyors :
the first in
Per diem al
Fees of mea
ance to certain collectors,
ment. To each surveyor there shall be allowed, for all the services required by law, to be performed by such surveyor, on board any ship or vessel of one hundred tons and upwards, and having on board goods, wares, and merchandise, subject to duty, three dollars; for the like services on board any ship or vessel of less than one hundred tons burthen, having on board goods, wares, and merchandise, subject to duty, one and a half dollars; on all vessels not having on board goods, wares, and merchandise subject to duty, two thirds of a dol
lar; all which fees shall be paid to the collector, by the master To be paid, in or owner of the ship or vessel in which the services are per
formed, and the said collector shall pay weekly to the surveystance, to the collector, &c. or the fees so received: To each inspector there shall be al
lowed for every day he shall be actually employed in aid of
the customs, a sum not exceeding one dollar and twenty five lowance to in- cents, to be paid by the collector out of the revenue, and spectors.
charged to the public: To the measurers, weighers, and
gaugers, respectively, for their services, shall be allowed, and surers, weigh- paid by the collector out of the revenue, for the measurement ers, and gau
of every one hundred bushels of salt, or grain, eighteen cents; for the measurement of every one hundred bushels of coal, twenty-five cents; for the weighing of every one hundred and twelve pounds, one cent; for the gauging of every cask, six
cents. There shall, moreover, be allowed to the collectors at Extra allow each of the following ports, to wit: Boston, Salem and Bever
ly, New York, Philadelphia, Baltimore, Norfolk or Portsmouth, and Charleston, one half a per centum on the amount of all moneys by them respectively received and paid into the treasury of the United States; and to the collector at each of the other ports by this act established, one per centum on the amount of all moneys by them respectively received and paid
into the treasury of the United States. Every collector, naval and duties, to officer, and surveyor, shall cause to be affixed, and constantly public place of kept, in some public and conspicuous place of his office, a fair their offices, table of the rates of fees and duties demandable by law; and in by collectors, case of failure herein, shall forfeit and pay one hundred dol
lars, to be recovered, with costs, in any court having cogniz
ance thereof, to the use of the informer; and if any officer of failure. the customs shall demand, or receive, any greater or other Penalty of 200 fee, compensation, or reward, for executing any duty or sersollars for demanding great
vice required of him by law, he shall forfeit and pay two hun
dred dollars for each offence; recoverable in manner aforefees.
said, for the use of the party grieved. Duties to be received in gold
§ 30. That the duties and fees to be collected by virtue of and silver coin this act, shall be received in gold and silver coin only, (a) at only, at the
the following rates, that is to say; the gold coins of France,
England, Spain, and Portugal, and all other gold coin of equal (a) See act of fineness, at eighty-nine cents for every penny-weight. The 1791, ch. [10.] Mexican dollar, at one hundred cents; the crown of France, 84. $ 10.
at one dollar and eleven cents; the crown of England, at one Drawback on goods allowed
dollar and eleven cents; and all silver coins of equal fineness, by the collec
at one dollar and eleven cents per ounce. they were enŞ 31. That all the drawbacks allowed by law on the
tation of goods, wares, and merchandise, imported, shall be
Table of fees
&c. Forfeiture of 100 dollars on
er or other
rates here mentioned.
tor with whom
not to be reladen before en
Bond not to re
Oath as to
paid or allowed by the collector at whose office the said goods, wares, and merchandise, were originally entered, and not otherwise ; retaining one per centum for the benefit of the United States.
§ 32. That no goods, wares, or merchandise, entitled to Goods entitled drawback, shall be reladen before an entry shall be nade to drawback with the collector of the port from whence such goods are intended to be exported; which entry shall contain a particu- try, &c. lar account of the casks and packages, their marks, numbers, and contents, the cost thereof, the vessel or vessels in which they were imported, and the place or places imported from; and the person or persons intending to export such goods, shall give bond, with one or more sufficient sureties, that the saine, or any part thereof, shall not be relanded in any port land within the or place within the limits of the United States as settled by United States. the late treaty of peace; (a) and shall, moreover make oath (a) Treaty of or affirmation as to the truth of the entry, that the goods, wares,
3d of Septem
ber, 1783. and merchandise, are, in quantity, quality, and value, as therein pressed, according to the inward entry thereof, which entry was duly truth of entry. made at the time of importation, pursuant to the directions of this act; and that the quality is the same as at the time of importation; and the exporter of such goods shall not be entitled to draw No drawback back the duties, until at least six months after the exportation until 6 months
after exportathereof, and until he shall produce to the collector with whom
tion, &c. such outward entry is made, a certificate in writing of two reputable merchants, at the foreign port or place in which the same were landed, together with the oath or affirmation of the master and mate of the vessel in which they were exported, certifying the delivery thereof; but in case any vessel shall Protest to be cast away, or meet with such unavoidable accidents as to serve in case
of the vessel's prevent the landing such goods, a protest in due form of law, being cast made by the master and mate, or some of the seamen, or in away, &c. case no such protest can be had, then the oath or affirmation of the exporter, shall be received in lieu of the other proofs herein directed, unless there shall be good reason to suspect the truth of such oath or affirmation, in which case it shall and may be lawful for the collector to require such further proof as the nature of the case may demand. Provided also, Goods entitled That no goods, wares, or merchandise, imported, shall be en- to drawback titled to a drawback of the duties paid or secured to be paid unless the duthereon, unless such duties shall amount to twenty dollars at
20 dolls, &c, the least ; nor unless they shall be exported in the same cask, package, or packages, and from the port or district into which they were originally imported; and, moreover, shall be reladen under the inspection of the collector, naval officer, or surveyor, of the port.
§ 33. That the sums allowed to be paid by law on the ex- Sums allowed portation of dried or pickled fish, and of salted provisions, on the expor
tation of fish, shall be paid by the collector of the port or district from
&c. payable whence the same shall be exported : Provided, That due en- by the collectry thereof shall be first made, and bonds given, as in case of tor of the disdrawbacks, and that no such allowance shall be made, unless exported, &c. it shall amount to three dollars, at the least, upon any one entry.
ties amount to
Jess than 200 dolls, nor more
Goods entitled § 34. That if any goods, wares, or merchandise, entered to drawback
for exportation with a view to draw back the duties, or to obforfeited if relanded within tain any allowance given by law on the exportation thereof, the U. States. shall be landed in any port or place within the limits of the
United States as aforesaid, all such goods, wares, and merchandise, shall be subject to seizure and forfeiture, together with the vessel from which such goods shall be landed, and the vessels or boats used in landing the same, and all persons concerned, therein, shall, on indictment and conviction thereof, suffer imprisonment for a term not exceeding six months : and for discovery of frauds, and seizure of goods, wares, and merchandise, relanded contrary to law, the several officers established by this act shall have the same powers, and in case of seizure the same proceedings shall be had, as in the case of goods, wares, and merchandise, imported con
trary to law : And for measuring, weighing, or gauging, Fees allowed on exporta
goods, for exportation, the same fees shall be allowed as in tions.
like cases upon the importation thereof. Penalty on offi $ 35. That if any officer of the customs shall, directly or cers' receiving indirectly, take or receive any bribe, reward, or recompense, a bribe, or conniving at a
for conniving, or shall connive at a false entry of any ship or false entry, not vessel, or of any goods, wares, or merchandise, and shall be
thereof convicted, every such officer shall forfeit and pay a than 2,000, &c. sum not less than two hundred, nor more than two thousand,
dollars, for each offence, and be forever disabled from holding
any office of trust or profit under the United States; and any A similar pe
person giving or offering any bribe, recompense, or reward, nalty on per for any such deception, collusion, or fraud, shall forfeit and 600s offering a
pay a sum not less than two hundred, nor more than two thoubribe, &c.
sand, dollars, for each offence: And in all cases where an oath Penalty on or affirmation is, by this act, required from a master or other masters of ves. person, having command of a ship or vessel, or from an owner sels, or others,
or consignee of goods, wares, and merchandise, if the person who shall take a false oaih, so swearing or affirming, shall swear or affirm falsely, not exceeding person shall, on indictment and conviction thereof, be punish12 nombs im. ed by fine or imprisonment, or both, in the discretion of the 1,000 doll. fine. court before whom the conviction shall be had, so as the fine
shall not exceed one thousand dollars and the term of impri
sonment shall not exceed twelve months. Form of pro
§ 36. That all penalties accruing by any breach of this act, ceedings for the shall be sued for and recovered, with costs of suit, in the name recovery of
of the United States, in any court proper to try the same, by penalties, for forfeitures, &c. the collector of the district where the same accru
rued, and not otherwise, unless in cases of penalty relating to an officer of the customs; and such collector shall be, and hereby is, authorized and directed, to sue for, and prosecute the same to effect, and to distribute and pay the sum recovered, after first deducting all necessary costs and charges, according to law. And all ships or vessels, goods, wares, and merchandise, which shall become forfeit by virtue of this act, shall be seized, libel
led, and prosecuted, as aforesaid, in the proper court having Notice of libel, cognizance thereof; and the court shall cause fourteen days &c.
notice to be given of such seizure and libel, by causing the