quire further testimony in the case, in such manner as he may deem proper, and to order the said goods, wares, or merchandise, to be entered accordingly. chosen and $19. That any merchant, who shall be chosen by the collect- Merchant or, or by the party in interest, to make any appraisement requir- declining to ed under this or any other act respecting imports and tonnage, assist subject and who shall, after due notice of such choice has been given to to a penalty. him in writing, decline or neglect. to assist at such appraisement, shall be subject to a penalty not exceeding fifty dollars, and to the costs of prosecution therefor. vided among $20. That one half of the excess of duty accruing in conse- One half the excess of duty quence of the fifty per cent. added to the value of any goods, from 50 per wares, or merchandise, under the thirteenth section of this act, cent. to be dishall be divided among the custom house officers of the port in the customwhich such goods, wares, or merchandise, may be, in the manner house officers. Act of 1799, prescribed by the act, entitled "An act to regulate the duties ch. 128. on imports and tonnage," passed on the second day of March, seventeen hundred and ninety-nine: Provided, That, in no case, Proviso. shall the appraisers of the said goods, wares, or merchandise, be entitled to or receive any part of the said duty. taken from a 21. That, before any goods, wares, or merchandise, which Goods, &c. may be taken from any wreck, shall be admitted to an entry, the wreck to be same shall be appraised, in the manner prescribed in the six- appraised. teenth section of this act; and the same proceedings shall be ordered and executed in all cases where a reduction of duties shall be claimed on account of damage which any goods, wares, or merchandise, shall have sustained in the course of the voyage; and in all cases where the owner, importer, consignee, or agent, shall be dissatisfied with such appraisement, he shall be entitled to the privileges provided in the eighteenth section of this act. 22. That, for every verification and certificate, made under Consular fee. this act, before a consul or commercial agent of the United States, such consul or commercial agent shall be entitled to demand and receive, from the person making the same, a fee of two dollars: Provided, Each shipper shall have the right to in- Proviso. clude all articles shipped by him in the same invoice. entry. $23. That, when any goods, wares, or merchandise, shall be Certificate of admitted to an entry upon invoice, the collector of the port in which the same are entered, shall certify the same under his official seal; and no other evidence of the value of such goods, wares, or merchandise, shall be admitted on the part of the owner or owners thereof, in any court of the United States, except in corroboration of such entry. To counter 24. That any person or persons, who shall counterfeit any feit certificate, -certificate or attestation made in pursuance of this act, or use felony. such certificate or attestation, knowing the same to be counterfeit, shall, upon conviction thereof before any court of the United States having cognizance of the same, be adjudged guilty of -felony, and be fined in a sum not exceeding ten thousand dollars, and imprisoned for a term not exceeding three years. Bond for du 25. That any bond to the United States, entered into for the ties binding payment of duties by a merchant belonging to a firm, in the name on all the of such firm, shall equally bind the partner or partners in trade, company. partners of a of the person or persons by whom such bond shall have been Clork cannot executed; but no clerk or hired person, in the constant employbecome surety ment of another, shall become principal or surety to any bond to which his employer is a party. for his em ployer. Principal to and sureties 26. That no bond for duties on goods, wares, or merchanbe a residon, dise, imported into the United States, shall be accepted by any citizens of the collector of the revenue, unless the principal be a resident of the United States. United States, and the surety or sureties citizens thereof. 4 per cent. § 27. That, in every case where the owner, importer, conDuty of 50 dollars or up- signee, or agent, of any goods, wares, or merchandise, imported wards paid in as aforesaid, and the duty upon which shall amount to fifty dolcash, entitled to a discount lars, or upwards, may, at the time of entry, desire to pay the duat the rate of ties thereon in cash, the collector of the port where the said per annum. goods, wares, or merchandise, may be entered, shall be, and he is hereby, authorised and directed to receive the same, and to allow a discount on the amount of the duties, at the rate of four per centum per annum, for the legal term of credit which would have been allowed by law on such duties. Goods on 28. That all goods, wares, or merchandise, imported into which duties have been the United States, the duties on which shall have been paid, or paid may be transported secured to be paid, may be transported coastwise, from the disinto two other trict into which they were imported to two other districts, and districts, &c. Proviso. exported from either of them with the benefit of drawback: Provided, That all regulations and formalities now in force, relating to the transportation of goods, wares, and merchandise, coastwise, from the district into which they were imported to another district, for benefit of drawback, and such other regulations as are prescribed under and by virtue of this act, for the further transportation of such goods, wares, or merchandise, to other districts, shall be complied with: And provided also, That all the regulations and formalities now in force, respecting the exportation of goods, wares, and merchandise, for the benefit of drawback, shall be complied with, so far as may be consistent with other provisions of this act and the secretary of the treasury shall be, and he is hereby, authorized to prescribe the form of the certificate to be used, and of the oaths to be taken, on the transportation of such goods, wares, or merchandise, from the second district, into which they may be brought, to the third district. Proviso. Goods so transported to $29. That all goods, wares, or merchandise, subject to ad va- ' be accompani- lorem duty, and intended for exportation, with benefit of drawed by a copy back, which shall be transported from one district to another, voice certified. shall be accompanied by a copy from the invoice, of the cost from the in thereof, certified by the collector of the district from which they may have been last re-shipped, which certified copy shall be produced to the collector of the district from which such goods, wares, or merchandise, are intended to be exported; and such goods, wares, or merchandise, as well as all such goods, wares, or merchandise, subject to ad valorem duty, as shall be exported from the district into which they may have been originally imported, shall be inspected by the appraisers at the time of exportation, in the manner provided by this act, on the importation of such goods, wares, or merchandise; and if the saine are found not to correspond with the original invoice, the said goods, wares, or merchandise, shall be subjected to forfeiture, according to the provisions of the eighty-fourth section of an act, entitled "An act to regulate the collection of duties on imports and tonnage," passed the second of March, one thousand seven hundred and ninety-nine. taking the $ 30. That in all cases of entry of goods, wares, or merchan- Twenty days dise, for the benefit of drawback, the time of twenty days shall allowed for be allowed, from the date of the clearance of the ship or vessel, oaths, &c. in which the same shall have been laden, for taking the oaths, completing the entry, and giving the exportation bonds for the same: Provided, That the exporter shall have, in every other Proviso. particular, complied with the regulations and formalities heretofore, and by this act, established for entries of exportation of goods, wares, or merchandise, for the benefit of drawback. wise allowed § 31. That in all cases where goods, wares, or merchandise, Goods reentitled to debenture, shall be re-shipped for transportation shipped coastcoastwise, before the necessary certificates are issued by the col to enter for lector of the port where imported, the same shall be allowed to debenture, be entered for debenture, at the district to which they shall be so transported, without forfeiting the benefit of drawback: Provid- Proviso. ed, That the person or persons, so entering said goods, wares, or merchandise, shall produce, from the collector of the port from whence the same shall have been last shipped, a certificate that the coastwise certificates were not issued at the time of the sailing of the vessel on board which the said goods, wares, or merchandise, shall have been so shipped, and shall deliver the coastwise certificates, required in such cases, to the collector of the port where the same shall have been so entered, within two months from the date of entry, and before the said goods, wares, or merchandise, shall be entered for exportation. to debenture transferred § 32. That, in all cases where the owner, importer, consignee, Goods entitled or agent, of any goods, wares, or merchandise, entitled to deben- may be perture, may wish to transfer the same into packages other than mitted to be those in which the said goods, wares, or merchandise, were ori- into other ginally imported, the collector of the port where the same may packages, be, shall permit the said transfer to be made, if necessary for the safety or preservation thereof: Provided, That due notice of the Proviso. same, in writing, setting forth sufficient cause for the said transfer, be given to the said collector, who shall appoint an inspector of the revenue, to ascertain if the said allegation be true, and, if found correct, to superintend said transfer, and to cause the marks and numbers upon the original packages to be inscribed upon the packages into which the said goods, wares, or merchandise, shall be transferred. in an entry. 33. That it shall not be necessary to insert the numbers The numbers upon packages, in any entry of goods, wares, or merchandise, not necessary upon packages subject to specific duty on importation or exportation, or to in- to be inserted sert any such numbers in any coastwise or other certificate: But Proviso. it is expressly provided, That in all cases where a separate certificate may be required for each package, the numbers shall be inserted therein. to debenture, $34. That in all cases where, under existing laws, spirituous Spirits entitled liquors, entitled to debenture, shall have been shipped coastwise may be laden warehoused. Proviso. without being for the purpose of being laden immediately on board some vessel in another district, for exportation, the same may be so laden on board of such vessel, without having been first deposited in the public warehouse: Provided, That all other regulations required by law shall have been complied with, and that such transportation of said spirituous liquors from the one vessel to the other, be made by the collector's order, and under the superintendence of an inspector of the revenue, and that a careful examination be made by him of the identity of the same, and of the quantity, quality, and packages, thereof. Penalties and forfeitures. 458. $35. That all penalties and forfeitures, incurred by force of this act, shall be sued for, recovered, distributed, and accounted Vol. i. p. 573. for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," passed. on the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," passed on the third day of March, one thousand seven hundred and ninety-seven. covered as be Fines, &c, in § 36. That all fines, penalties, and forfeitures, incurred in virtue of the act of 20 April, virtue of the act, entitled "An act supplementary to an act, en1818, to be re- titled An act to regulate the collection of duties on imports and tonnage,' passed the twentieth April; one thousand eight hundred and eighteen," may be sued for, prosecuted, and recovered, in the same manner as if the said act did not expire on the third day of March next. fore. Goods transported coastwise in the same pack ages as imported, to have a certifi the port to which they ed. 37. That, when goods, wares, or merchandise, imported, and subject to duty as aforesaid, shall be reshipped, and transported coastwise, from one district to another, in the packages in which the same were imported, an invoice, or a copy of such invoice, or an extract there from, including all the articles, with ed invoice, and shall be the charges thereon, which are re-shipped and transported coastinspected at wise as aforesaid, verified by the additional oath required by the fourth section of this act, and certified under the official seal of are transport- the collector, with whom the entry, on the importation of such goods, wares, and merchandise, was made, shall be produced at the port to which the same shall be transported; and the same inspection of such goods, wares, or merchandise, shall be made, as if they had been brought direct from a foreign port or place: Provided, That no appraisement of the said goods, wares, or merchandise, shall be made at the said port, so as to change the amount of duties which may have been charged thereon, at the port of their original importation, if the same should have been there entered, according to the provisions of this act; except when transported from a port where there are no appraisers appointed by the government; and if the invoice, verified as aforesaid, shall not be so produced, such goods, wares, or merchandise, shall be deposited, and remain in the public warehouse, at the expense and risk of the owner thereof, until the invoice, verified and certified in the manner above required, shall be produced; and goods, wares, or merchandise, imported, and subject to duty as aforesaid, may be transported coastwise, to one Proviso. or more districts within the United States. [Approved, March 1, 1823.] CHAP. 150. An act to regulate the commercial intercourse between the United States and Vol. iv. p. certain British colonial ports. 2212. sup- the 15th May, the 1820, suspendshall tain British and the act of ed as to cer 1. Be it enacted, &c. That, from and after the third day of 1st, 2d, and Sd, March next, the first, second, and third, sections of the "Act sections of the act concerning concerning navigation," approved on the eighteenth of April, navigation, one thousand eight hundred and eighteen, and the "Act plementary to an act concerning navigation," approved on fifteenth of May, one thousand eight hundred and twenty, be, and the same are hereby, suspended, for and during the con- colonial ports. tinuance of this act, so far as any of the restrictions or prohibitions therein contained, limit or interdict the intercourse of navigation or commerce between the ports of the United States and the British colonial ports hereinafter mentioned, to wit: Kingston, in Jamaica: Savannah Le Mar, do: Montego Bay, do: Santa Lucia, do: Antonio, do: Saint Ann, do: Falmouth, do: Maria, do: Morant Bay and Anotto Bay, do: Saint George, in Grenada: Roseau, in Dominica: Saint John's, in Antigua: San Josef, in Trinidad: Scarborough, in Tobago: Road Harbor, in Tortola Nassau, in New Providence: Pitt's town, in Crooked Island: Kingston in Saint Vincent: Port Saint George and Port Hamilton, in Bermuda: Any port where there is a custom house, in Bahamas: Bridgetown, in Barbadoes: Saint John's and Saint Andrew's, in New Brunswick: Halifax, in Nova Scotia Quebec, in Canada: Saint John's, in New Foundland: Georgetown, in Demarara: New Amsterdam, in Berbice: Cas tries, in Saint Lucia: Basseterre, in Saint Kitts: Charlestown, in Nevis Plymouth, in Montserrat. : the United ish vessels di § 2. That, from and after the said third day of March next, The ports of the ports of the United States shall be open to any British States to be vessel coming directly from any of the British colonial ports open to Britabove enumerated and it shall be lawful to import in the said rectly from vessels, being navigated by a master and three fourths, at least, such ports. of the mariners, British subjects, any articles of the growth, produce, or manufacture, of any of the said British colonies, the importation of the like articles to which, from elsewhere, is not, nor shall not be, prohibited by law, and which may be exported from any of the said enumerated British ports to the United States, on equal terms, in vessels belonging to the said states. er duty to be British vessels and 3. That, on proof being given to the president of the Unit- The president may, by proc ed States, satisfactory to him, that, upon the vessels of the Unit- lamation, deed States admitted into the above enumerated British colonial clare no highports, and upon any goods, wares, or merchandise, imported levied upon therein, in the said vessels, no other or higher duties of tonnage doods or impost, and no other charges of any kind, are levied or exact- from these ed than upon British vessels, or upon the like goods, wares, and ports, than opmerchandise, imported into the said colonial ports from else- vessels, on where, it shall and may be lawful for the president of the United certain condiStates to issue his proclamation, declaring that no other or higher duty of impost or tonnage and no other or higher duty or charge of any kind, upon any goods, wares, or merchandise, imVOL. III. 218 on U. States tions. |