Acts of Congress.

Acts of Congress.

shall not be made during the present session of Congress, the President of the United States may, and he is hereby empowered to make such appointments during the recess of the Senate, by granting commissions, which shall expire at the end of their next session; but new appointments shall not be necessary to be made to any of the offices heretofore established.

dria, Norfolk, and Portsmouth, in the State of Virginia; Wilmington, Newbern, Washington, and Edenton, in the State of North Carolina; Charleston, Georgetown, and Beaufort, in the State of South Carolina; and Sunbury, and Savannah, in the State of Georgia. Provided, That nothing herein contained shall prevent the master or commander of any ship or vessel from making entry SEC. 18. And be it further enacted That it with the collector of any district in which such shall and may be lawful to make entry of any ship ship or vessel may be owned, or from which she or vessel, which shall arrive from any foreign port may have sailed on the voyage from which she or place within the United States, or of the cargo shall then have returned. Provided also, That if on board such ship or vessel, elsewhere than at one the President of the United States shall see fit to of the ports of entry hereinbefore established, nor establish a port of delivery at Shell Castle, or Beato unlade the said cargo, or any part thereof, else. con Island, near Ocracoke inlet, and to appoint a where than at one of the ports of delivery herein surveyor to reside thereat, it shall be the duty of established. Provided always, That every port the master or commander of every ship or vessel of entry shall be also a port of delivery; And pro- coming in at Ocracoke inlet, and intending to unvided further, That none but ships or vessels of the lade her cargo, or any part thereof, at any port United States shall be admitted to unlade at any connected with the waters of the said inlet, to other than the ports following, to wit: Portsmouth, come to at the port of delivery which may be estain New Hampshire; Portland and Falmouth, New blished as aforesaid, and there exhibit like reports Bedford, Dighton, Salem and Beverly, Gloucester, and manifests, and perform all other duties reNewburyport, Marblehead, Nantucket, Boston and quired by this act of masters of vessels when arriv Charlestown, Plymouth, Bath, Frenchman's bay, ing at a port of entry in the United States; but Wiscasset, Machias, and Penobscot, in the State no duties shall be paid or secured at the said port of Massachusetts; Newport and Providence, in of delivery: and the surveyor who may be ap the State of Rhode Island and Providence Plan- pointed to reside at the said port of delivery shall, tations; New London and New Haven, in the in addition to other powers and duties granted and State of Connecticut; New York, in the State of prescribed to surveyors by this act, superintend the New York; Perth Amboy and Burlington, in the unlading and discharge of all goods, wares, and State of New Jersey; Philadelphia, in the State of merchandise from the vessels in which the same Pennsylvania; Wilmington, Newcastle, and Port may be imported, into the lighters or coasting Penn, in the State of Delaware; Baltimore, An- vessels, which may be employed in the transportnapolis, Vienna, Oxford, Georgetown on Potomac, ation of said goods, wares, and merchandise, to Chestertown, Town Creek, Nottingham, Nanje- any port of entry or delivery connected with the moy, Digges's Landing, Snowhill, and Carrols- said Ocracoke inlet; and all goods, wares, or merburg, in the State of Maryland; Alexandria, Kin-chandise, which shall be so unladen into lighters sale, Newport, Tappahannock, Port Royal, Fred- or coasting vessels, shall and may be secured with ericksburgh, Urbanna, Yorktown, West Point. Hampton, Bermuda Hundred, City Point, Rockett's Landing, Norfolk, and Portsmouth, in the State of Virginia; Wilmington, Newbern, Beaufort, Washington, Edenton and Plankbridge, in the State of North Carolina; Charleston, Georgetown, and Beaufort, in the State of South Carolina; and in either of the ports of Savannah, Sunbury, Brunswick, Fredericka, and St. Mary's, in the State of Georgia; or to make entry in any other district than in the one in which they shall be so admitted to unlade. And provided, lastly, That no ship or vessel arriving from the Cape of Good Hope, or from any place beyond the same, shall be admitted to make entry at any other than the ports following, to wit: Portsmouth, in the State of New Hampshire: Boston and Charlestown, Newburyport, Salem, and Beverly, Marblehead, Gloucester, Portland and Falmouth, in the State of Massachusetts; Newport and Providence, in the State of Rhode Island and Providence Plantations; New London and New Haven, in the State of Connecticut; New York, in the State of New York; Perth Amboy, in the State of New Jersey; Philadelphia, in the State of Pennsylvania; Wilmington, in the State of Delaware; Baltimore, Annapolis, and Georgetown, in the State of Maryland; Alexan

the necessary locks, or fastenings, or under the seal of the said surveyor, and shall be accompanied with permits, describing the said goods, wares, and merchandise, the vessel in which imported the persons to whom belonging, and the port of entry or delivery to which destined. And the mas ters or commanders of all lighters or coasting vessels who shall receive goods, wares, or merchandise, to be transported as aforesaid, shall give triplicate receipts, describing the casks or packages, containing the same; and in case any goods, wares, or merchandise, transported under permits, and for which receipts shall have been given as aforesaid, shall not be transported and delivered to the collector or surveyor of the port of entry or delivery, to which the same shall be consigned by the permits aforesaid, the dangers of the seas and unavoidable accidents only excepted, or if any lock, fastening, or seal, placed on the said goods, wares, or merchandise, shall be broken or destroyed, the lighter or vessel employed in transporting the same shall be forfeited, and the master thereof shall forfeit and pay a sum not exceeding five hundred dollars, with costs of suit. And it shall be the duty of the surveyor, who may be appointed to reside at the port of Shell Castle or Beacon Island, to endorse on the original manifests of vessels

Acts of Congress.

arriving at said port, all deliveries which may be deposite with the collector of Norfolk and Portsmade as aforesaid, to the masters of lighters or mouth, or with the collector of the port of Hampcoasting vessels as aforesaid; which manifests shall ton, a like manifest; and if bound to the district be exhibited to the collector of the interior port of South Quay, shall, before he pass by the port of entry, to which such vessels may be destined, of Edenton, and immediately after his arrival, dewhere like entries shall be made and like proceed-posite with the collector of the port of Edenton a ings had, as are required by the general regula- like manifest; and the said collectors and surveytions and provisions of this act. ors, respectively, shall, after registering the manifests, transmit the same, duly certified to have been so deposited, to the officer with whom the entries are to be made; and the said collectors and surveyors, respectively, may, whenever they judge it to be necessary for the security of the revenue, put an inspector of the customs on board any ship or vessel as aforesaid, to accompany the same until her arrival at the first port of entry or delivery, in the district to which such ship or vessel may be destined; and if the master or commander of any ship or vessel shall neglect or omit to deposite a manifest in manner aforesaid, or shall refuse to receive an inspector of the customs on board, as the case shall require, he shall forfeit and pay five hundred dollars, to be recovered with costs of suit, one half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use of the collector of the district io which the said ship or vessel may be bound; Provided, That if the manifest shall, in either of the above cases, have been previously delivered to any officer of the customs, pursuant to the provisions hereinafter to be made in that behalf, the depositing of a manifest as aforesaid shall not be necessary.

SEC. 19. And be it further enacted, That the master or commander of every ship or vessel bound to a port of delivery only, in any of the following districts, to wit: Portland and Falmouth, except the ports of North Yarmouth, Freeport, and Harpswell; Bath, except the ports of Georgetown and Brunswick; Newburyport, New London, except the port of Stonington; Middletown, except the ports of Lyme, Saybrook, Killingsworth, Haddam, and East Haddam; Norfolk and Portsmouth, Bermuda Hundred, or City Point, Yorktown, Tappahannock, except the port of Urbanna, or Edenton, shall first come to, at the port of entry of such district, with his ship or vessel, and there make report and entry in writing, and pay, or secure to be paid, all legal duties, port fees and charges, in manner provided by this act, before such ship or vessel shall proceed to her port of delivery; and that any ship or vessel bound to a port of delivery in any district, other than those above mentioned, or to either of the ports of delivery above mentioned, may first proceed to her port of delivery, and afterwards make report and entry within the time by this act limited; and the master of every vessel arriving from a foreign port, or having goods on SEC. 20. And be it further enacted, That all ofboard, of which the duties have not been paid or ficers and persons to be appointed pursuant to this secured, and bound to any port on the Connecti-act, before they enter upon the duties of their recut river, shall take an inspector on board at Say-spective offices, shall severally take and subscribe brook, before proceeding to such port; and if any an oath or affirmation, diligently and faithfully to master of a ship or vessel shall proceed to a port execute the duties of their said offices, respectiveof delivery, contrary to the directions aforesaid, ly, which oath or affirmation shall be of the form he shall forfeit and pay five hundred dollars, to be and tenor following, to wit: recovered with costs of suit; that the master or commander of any ship or vessel, bound to any district in Connecticut, through, or by the way of Sandy Hook, shall, before he pass by the port of New York, and immediately after his arrival, deposite with the collector for the district of New York, a true manifest of the cargo on board such ship or vessel; if bound to the district of Hudson, shall, before he pass by the port of New York, and immediately after his arrival, deposite with the collector thereof a like manifest; if bound to the district of Burlington, shall, before he pass by the port of Philadelphia, and immediately after And the oath or affirmation aforesaid, if taken his arrival, deposite with the collector thereof a by a collector, may be taken before any magislike manifest; if bound to the district of Notting-trate authorized to administer oaths within the ham, shall, before he pass by the port of Town Creek, and immediately after his arrival, deposite with the surveyor of said port, a like manifest; if bound to the district of Tappahannock, shall, before he pass by the port of Urbanna, and immediately after his arrival, deposite with the surveyor of that port, a like manifest; if bound to the district of Bermuda Hundred and City Point, shall, on his arrival in Hampton Road, or at Sewall's Point and immediately after such arrival,

I (A. B.) having been appointed (collector or other officer, as the case may be,) of the (district or port of.) (do solemnly, sincerely, and truly (swear or affirm,) that I will diligently and faithfully execute the duties of the said office of and will use the best of my endeavors to prevent and detect frauds in relation to the duties imposed by the laws of the United States; I further (swear or affirm) that I will support the Constitution of the United States.

(Sworn or affirmed,) and subscribed, this day of, before me,

district to which he belongs; but if taken by another officer, shall be taken before the collector of his district; and being certified under the hand and seal of the person by whom the same shall have been administered, shall, within three months thereafter, be transmitted to the Comptroller of the Treasury; in default of taking of which oath, or transmitting a certificate thereof, the party failing shall forfeit and pay two hundred dollars, to be recovered with costs of suit in any court of

Acts of Congress.

competent jurisdiction, to the use of the United States.

SEC. 21. And be it further enacted, That the several officers of the customs shall respectively perform the duties following, to wit: At such of the ports to which there shall be appointed a collector, naval officer, and surveyor, the collector shall receive all reports, manifests, and documents, to be made or exhibited on the entry of any ship or vessel, according to the regulations of this act; shall record, in books, to be kept for that purpose, all manifests; shall receive the entries of all ships or vessels and of the goods, wares, and merchandise imported in them; shall, together with the naval officer, where there is one, or alone, where there is none, estimate the amount of the duties payable thereupon, endorsing the said amount upon the respective entries; shall receive all moneys paid for duties, and take all bonds for securing the payment thereof; shall grant all permits for the unlading and delivery of goods; shall, with the approbation of the principal officer of the Treasury Department, employ proper persons as weighers, gaugers, measurers, and inspectors, at the several ports within his district; and also, with the like approbation, provide, at the public expense, store-houses for the safe keeping of goods, and such scales, weights, and measures, as may be necessary; the naval officer shall receive copies of all manifests and entries, and shall, together with the collector, estimate the duties on all goods, wares, and merchandise, subject to duty, (and no duties shall be received without such estimate,) and shall keep a separate record thereof, and shall countersign all permits, clearances, certificates, debentures, and other documents, to be granted by the collector; he shall also examine the collector's abstracts of duties, and other accounts of receipts, bonds, and expenditures, and if found right, he shall certify the

spirits according to their respective degrees of proof, as defined by the laws imposing duties on spirits; he shall likewise examine and ascertain the quality, kind, and quantity, of all wines imported; also the quantity and kind of all teas and sugars imported; and shall grant certificates for the said spirits, wines, and teas, and make returns thereof, in manner hereafter provided. He shall also examine whether the goods imported in any ship or vessel, and the deliveries thereof, agree ably to the inspector's returns thereof, correspond with the permits for landing the same; and if any error or disagreement appear, he shall report the same to the collector and to the naval officer, if any there be. The surveyor shall also superintend the lading, for exportation, of all goods entered for the benefit of any drawback, bounty, or allowance, and shall examine and report whether the kind, quantity, and quality of the goods, so laden on board any vessel for exportation, correspond with the entries and permits granted therefor: he shall also, from time to time, and particularly on the first Mondays in January and July, in each year, examine and try the weights, measures, and other instruments, used in ascertaining the duties on imports, with standards to be provided by each collector, at the public expense, for that purpose; and where disagreements or errors are discovered, he shall report the same to the collector, and obey and execute such directions as he may receive for correcting thereof, agreeably to the standards aforesaid; and the said surveyor shall, in all cases, be subject to the direction of the collector. And at ports to which a collector and surveyor only are assigned, the said collector shall solely execute all the duties in which the cooperation of the naval officer is requisite, at the ports where a naval officer is appointed; which he shall also do in case of the disability or death of the naval officer, until a successor is appointed, unless there is a deputy duly authorized, under The surveyor shall superintend and direct all the hand and seal of the naval officer, who, in that inspectors, weighers, measurers, and gaugers, with- case, shall continue to act, until an appointment in his port; and shall, once every week, report to shall take place. And, at the ports to which a the collector, the name or names of such inspect- collector only is assigned, such collector shall ors, weighers, gaugers, or measurers, as may be solely execute all the duties in which the co-opeabsent from, or neglect to do, their duty, shall ration of the naval officer is requisite, as aforesaid; visit or inspect the ships or vessels which arrive and shall also, as far as may be, perform all the therein, and shall make a return, in writing, every duties prescribed to the surveyors at the ports morning, to the collector, if any, at the port where where such officers are established. And at the he resides, of all vessels which shall have arrived ports to which surveyors only are assigned, every from foreign ports or places the preceding day, such surveyor shall perform all the duties hereinspecifying the names and denominations of the before enjoined upon surveyors; and shall also vessels, the masters' names, from whence arrived, receive and record the copies of all manifests whether laden or in ballast, whether belonging to which shall be transmitted to him by the collectthe United States, or to what other nation belong-or; shall record all permits granted by such coling, and if American vessels, whether the masters thereof have or have not complied with the law, in having the required number of manifests of the cargo on board, agreeing, in substance, with the provisions made necessary by this act, and shall have power, and is hereby required, to put on board each of such vessels, one or more inspectors, immediately after their arrival in his port: the surveyor shall also ascertain the proof, quantities, and kinds of distilled spirits imported, rating such

same.

1 ctor, distinguishing the gauge, weight, measure, and quality, of the goods specified therein, and shall take care that no goods be unladen or delivered, from any ship or vessel, without a proper permit for that purpose. And at such ports of delivery only to which no surveyor is assigned, it shall be lawful for the collector of the district, occasionally, and from time to time, to employ a proper person or persons, to do the duties of a surveyor, who shall be entitled to the like compensa

Acts of Congress.

tion with inspectors, during the time they shall be employed. And the said collectors, naval officers, and surveyors, shall, respectively, attend, in person, at the ports to which they are respectively assigned; and shall keep fair and true accounts and records of all their transactions, as officers of the customs, in such manner and form as may, from time to time, be directed by the proper department, or officer having the superintendence of the collection of the revenue of the United States; and shall, at all times, submit their books, papers, and accounts, to the inspection of such persons as may be appointed for that purpose; and the said collector shall, at all times, pay to the order of the officer, who shall be authorized to direct the pay. ment thereof, the whole of the moneys which they may, respectively, receive by virtue of this act, (such moneys as they are otherwise, by this act, directed to pay only excepted,) and shall, once in every three months, or oftener if they shall be required, transmit their accounts, for settlement, to the officer or officers whose duty it shall be to make such settlement; and if any collector, naval officer, or surveyor, shall omit to keep fair and true accounts, as aforesaid, or shall refuse to submit, forthwith, their books, papers and accounts, to inspection, as aforesaid; or if any collector shall omit or refuse to render his accounts for settlement, for a term exceeding three months after the same shall have been required by the proper officer, in each and every such case, the delinquent officer shall forfeit and pay, for the use of the United States, one thousand dollars, to be recovered, with costs of suit.

the United States, from any foreign port or place, in any ship or vessel, belonging in the whole or in part to a citizen or citizens, inhabitant or inhabitants, of the United States, unless the master, or person having the charge or command of such ship or vessel, shall have on board a manifest or manifests, in writing, signed by such master or other person, containing the name or names of the port or ports, place or places, where the goods in such manifest or manifests mentioned, shall have been respectively taken on board, and the port or ports, place or places, within the United States, for which the same are respectively consigned or destined, particularly noting the goods, wares, and merchandise, destined for each port or place, respectively, and the name, description and build, of such ship or vessel, and the true admeasurement or tonnage thereof, the port or place to which such vessel belongs, with the name or names of each owner, according to the register of the same, together with the name of the master, or other person having the charge or command of such ship, or vessel, and a just and particular account of all the goods, wares, and merchandise, so laden or taken on board, whether in packages or stowed loose, of any kind or nature whatsoever, together with the marks and numbers, as marked on each package, and the number or quantity and description of the packages, in words at length, whether leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, chest, box, band-box, bundle, parcel, cask, or package, of any kind or sort, describing the same by its usual name or denomination; together with the name SEC. 22. And be it further enacted, That every or names, of the person or persons to whom the collector, naval officer, and surveyor, in cases of same are respectively consigned, agreeably to the occasional and necessary absence or sickness, and bills of lading signed for the same, unless when not otherwise, may, respectively, exercise and per- the said goods are consigned to order, when it form their several functions, powers, and duties, shall be so expressed in the said manifest or manby deputy, duly constituted under their hands ifests; together with the name or names of the and seals, respectively, for whom, in the execution several passengers on board the said ship or vessel, of their trust, they shall, respectively, be answer- distinguishing whether cabin or steerage passenable: that, in case of the disability or death of gers, or both, with their baggage, specifying the a collector, the duties and authorities vested in number and description of packages belonging to him shall devolve on his deputy, if any there be, each respectively, together with an account of at the time of such disability or death, for whose the remaining sea stores if any. And the form of conduct the estate of such disabled or deceased a manifest for goods and merchandise, imported in collector shall be liable; and in defect of a depu-a vessel of the United States, shall be as follows, ty, the said authorities and duties shall devolve to wit: upon the naval officer of the same district, if any there be; and if there be no naval officer, upon the surveyor of the port, appointed for the residence of such disabled or deceased collector, if any there be, and, if none, upon the surveyor of the port nearest thereto, and within the said district. And in every case of the disability or death of a sur- in the State of, and owned by merveyor, it shall be lawful for the collector of the chants at [inserting the tonnage, where built, district to nominate some fit person to perform by whom owned, and the place or places of resihis duties, and exercise his authorities; and the dence, as particularly detailed in the certificate of authorities of the persons who may be empow-registry) as per register granted at [here inered to act in the stead of those who may be disabled or dead, shall continue until successors shall be duly appointed, and ready to enter upon the execution of their respective offices.

SEC. 23. And be it further enacted, That no goods, wares, or merchandise, shall be brought into

Report and manifest of the cargo laden on board of the [here insert the denomination and name of the vessel] whereof, [insert the master's name] is master, which cargo was taken on board at [here insert the port or ports, place or places, at which the cargo was laden] burden tons, built at

sert the port or place] the [here insert the day of the month, and year when granted] and bound for [here insert the name of the port or place where bound to.]