ENTRY OF MERCHANDISE
Inward manifests.
No merchandise shall be brought into the United States, from any foreign
port, in any vessel unless the master has on board manifests in writing
of the cargo, signed by such master. (R. S., 2806.)
Every manifest required by the preceding section shall contain:
_First._ The name of the ports where the merchandise in such manifest
mentioned were taken on board, and the ports within the United States
for which the same are destined; particularly noting the merchandise
destined for each port respectively. (R. S., 2807.)
_Provided, however_, That the master of a vessel laden exclusively
either with sugar, coal, salt, hides, dyewoods, wool, or jute butts,
consigned to one consignee, arriving at a port for orders, may be
permitted to destine such cargo or determine its disposition "for
orders," upon entering the vessel at the custom-house, and, within
fifteen days afterward and before the unloading of any part of the
cargo, to amend the manifest by designating the actual port of
discharge of such cargo:
_Provided further_, That in the event of failure to designate the port
of discharge within fifteen days such cargo must be discharged at the
port where the vessel entered. (June 3, 1892.)
_Second._ The name, description, and build of the vessel; the true
admeasurement or tonnage thereof; the port to which such vessel
belongs; the name of each owner, according to the register of the same;
and the name of the master of such vessel.
_Third._ A just and particular account of all the merchandise, so laden
on board, whether in packages or stowed loose, of any kind or nature
whatever, 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.
_Fourth._ The names of the persons to whom such packages are
respectively consigned, agreeably to the bills of lading signed for the
same, unless when the goods are consigned to order, when it shall be so
expressed in the manifest.
_Fifth._ The names of the several passengers on board the vessel,
distinguishing whether cabin or steerage passengers, or both, with
their baggage, specifying the number and description of packages
belonging to each respectively. (R. S., 2807.)
_Sixth._ An account of the sea-stores remaining, if any.
If merchandise shall be imported, destined to be delivered in different
districts or ports, the quantities and packages so destined to be
delivered shall be inserted in successive order in the manifest; and all
spirits and wines constituting the whole or any part of the cargo of any
vessel shall also be inserted in successive order, distinguishing the
ports to which the same may be destined, and the kinds, qualities, and
quantities thereof. (R. S., 2808.)
If any merchandise is brought into the United States in any vessel
whatever from any foreign port without having such a manifest on board,
or which shall not be included or described in the manifest, or shall
not agree therewith, the master shall be liable to a penalty equal to
the value of such merchandise not included in such manifest; and all
such merchandise not included in the manifest belonging or consigned to
the master, mate, officers, or crew of such vessel, shall be forfeited.
(R. S., 2809.)
Whenever 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 either of the other of the officers is not
established, or to the satisfaction of the court in which a trial shall
be had concerning such forfeiture, that no part of the cargo of any
vessel without proper manifest was unshipped, after it was taken on
board, except such as shall have been particularly specified and
accounted for in the report of the master, and that the manifests have
been lost or mislaid, without fraud or collusion, or were defaced by
accident, or became incorrect by mistake, no forfeiture or penalty shall
be incurred under the preceding section. (R. S., 2810.)
Ports of entry.
It shall not be lawful to make entry of any vessel which shall arrive
within the United States, from any foreign port, or of the cargo on
board such vessel, elsewhere than at one of the ports of entry
designated in chapter one [R. S., 2517-2612] of this Title [R. S.,
2517-3129]; nor to unlade the cargo, or any part thereof, elsewhere than
at one of the ports of delivery therein designated, except that every
port of entry shall be also a port of delivery. This section shall not
prevent the master or commander of any vessel from making entry with the
collector of any district in which such vessel may be owned, or from
which she may have sailed on the voyage from which she shall then have
returned. (R. S., 2770.)
Vessels bound to port of delivery.
The master of every vessel bound to a port of delivery only, in any
district, shall first come to at the port of entry of such district,
with his vessel, and there make report and entry in writing, and pay all
duties required by law, port fees and charges, before such vessel shall
proceed to her port of delivery. Any master of a vessel who shall
proceed to a port of delivery contrary to such directions shall be
liable to a penalty of five hundred dollars, to be recovered with costs
of suit. (R. S., 2772.)
Report and declaration of master.
Within twenty-four hours after the arrival of any vessel, from any
foreign port, at any port of the United States established by law, at
which an officer of the customs resides, or within any harbor, inlet, or
creek thereof, in the hours of business at the office of the chief
officer of the customs at such port will permit, or as soon thereafter
as such hours will permit, the master shall repair to such office, and
make report to the chief officer, of the arrival of the vessel; and he
shall, within forty-eight hours after such arrival, make a further
report in writing to the collector of the district, which report shall
be in the form, and shall contain all the particulars required to be
inserted in, and verified like, a manifest. Every master who shall
neglect or omit to make either of such reports and declarations, or to
verify any such declaration as required, or shall not fully comply with
the true intent and meaning of this section, shall, for each offense, be
liable to a penalty of one thousand dollars. (R. S., 2774.)
The master of any vessel having on board distilled spirits, or wines,
shall, within forty-eight hours after his arrival, whether the same be
at the first port of arrival of such vessel or not, in addition to the
requirements of the preceding section, report in writing to the surveyor
or officer acting as inspector of the revenue of the port at which he
has arrived, the foreign port from which he last sailed, the name of his
vessel, his own name, the tonnage and denomination of such vessel, and
to what nation belonging, together with the quantity and kinds of
spirits and wines, on board of the vessel, particularizing the number of
casks, vessels, cases, or other packages containing the same, with their
marks and numbers, as also the quantity and kinds of spirits and wines,
on board such vessel as sea-stores, and in default thereof he shall be
liable to a penalty of five hundred dollars and any spirits omitted to
be reported shall be forfeited. (R. S., 2775.)
If any vessel, having arrived within the limits of any collection-
district, from any foreign port, departs, or attempts to depart from the
same, unless to proceed on her way to some more interior district to
which she may be bound, before report or entry shall have been made by
the master with the collector of some district, the master shall be
liable to a penalty of four hundred dollars; and any collector, naval
officer, surveyor, or commander of any revenue cutter may cause such
vessel to be arrested and brought back to the most convenient port of
the United States. If, however, it is made to appear by the oath of the
master, and of the person next in command, or by other sufficient proof
to the satisfaction of the collector of the district within which such
vessel shall afterward come, or to the satisfaction of the court in
which the prosecution for such penalty may be had, that the departure or
attempt to depart was occasioned by stress of weather, pursuit or duress
of enemies, or other necessity, the penalty imposed by this section
shall not be incurred. (R. S., 2773.)
Special inward manifest for Treasury Department.
Each master of a vessel arriving in the United States from a foreign
port except vessels carrying traffic in bond on transfer ferries shall,
immediately upon landing and before entering his vessel at the
custom-house, mail to the Auditor for the Treasury Department,
Washington, a true copy of the manifest of his vessel, and shall on
entering his vessel make affidavit that he has mailed such copy and that
the same is true and correct; and he shall also mail to the said Auditor
a true copy of the corrected manifest filed on any post entry of his
vessel. Any master who neglects or refuses to mail to the Auditor the
required copy of the original or corrected manifest shall be subject to
the same fines and penalties fixed by law for his failure to deliver the
manifest of his vessel to the collector: _Provided_, That this section
shall not apply to ports where there is a naval officer. (Mar. 2, 1895;
sec. 9.)
Cargo in bulk.
Vessels arriving at a port of entry in the United States, laden with
coal, salt, railroad iron and other like articles in bulk may proceed to
places within that collection district to be specially designated by the
Secretary of the Treasury by general regulations or otherwise, under the
superintendence of customs officers, at the expense of the parties
interested, for the purpose of unlading cargoes of the character before
mentioned. (R. S., 2776; June 26, 1884; sec. 29.)
Bond of cargo for re-export.
Any vessel may proceed with any merchandise brought in her, and, in the
manifest delivered to the collector of the customs, reported as destined
for any foreign port, from the district within which such vessel shall
first arrive to such foreign port without paying or securing the payment
of any duties upon such merchandise as shall be actually re-exported in
the vessel. But the manifest so declaring to re-export such merchandise
shall be delivered to such collector within forty-eight hours after the
arrival of the vessel. And the master of such vessel shall give bond as
required by the next section. (R. S., 2776.)
The master of any vessel so destined for a foreign port shall give bond,
with one or more sureties, in a sum equal to the amount of the duties
upon the merchandise, as the same shall be estimated by the collector
and naval officer of the port where the report shall be made, to the
satisfaction of the collector, with condition that the merchandise, or
any part thereof, shall not be landed within the United States, unless
due entry thereof shall have been first made and the duties thereupon
paid, according to law. Such bond shall be taken for the same period,
and canceled in like manner, as a bond given for obtaining drawback of
duties. No such bond shall be required in respect to merchandise on
board of any vessel which has put into the United States from a
necessity, shown as prescribed in section twenty-seven hundred and
seventy-three. (R. S., 2777.)
The collector receiving any bond conditioned for the payment of duties
upon merchandise reported as destined for a foreign port, in case the
same shall be landed within the United States, or any other bonds taken
upon the exportation of merchandise entitled to drawback, shall
immediately after the time when by the conditions of the same they ought
to be canceled, put the same in suit, provided the proof of the
occurrence of such a necessity as excuses a landing of such goods within
the United States has not been produced, or further time granted
therefor by the Secretary of the Treasury. (R. S., 2778.)
Inspection of merchandise laden for export.
The collector shall direct the surveyor, where any, to inspect, or cause
to be inspected, the merchandise notified for exportation, and if it is
found to correspond fully with the notice and proof concerning the same,
the collector, together with the naval officer, if any, shall grant a
permit for lading the same on board of the vessel named in such notice
and entry. Such lading shall be performed under the superintendence of
the officer by whom the same has been so inspected; and the exporter
shall make oath that the merchandise, so noticed for exportation, and
laden on board such vessel, previous to the clearance thereof, or within
ten days after such clearance, is truly intended to be exported to the
place whereof notice has been given, and is not intended to be relanded
within the United States; otherwise the merchandise shall not be
entitled to the benefit of drawback. (R. S., 3035.)
Transfer of imported merchandise for export.
All merchandise imported into the United States, the duties on which
have been paid, or secured to be paid, may be transported by land, or
partly by land and partly by water, or coastwise, from the district into
which it was imported to any port of entry and exported from such port
of entry with the benefit of drawback. (R. S., 3036.)
Delivery of cargo in various districts.
Any vessel in which any merchandise is brought into the United States
from any foreign port, and which is specified in the manifest verified
before the collector of the port in which such vessel first arrives, to
be destined for other districts, may proceed with the same from district
to district within the United States, in order to the landing or
delivery thereof; and the duties on such of the merchandise only as
shall be landed in any district shall be paid within such district. (R.
S., 2779.)
Before any vessel departs from the district in which she shall first
arrive for another district, provided such departure is not within
forty-eight hours after her arrival within such district, with
merchandise brought in such vessel from a foreign port on which the
duties have not been paid, the master shall obtain from the collector of
the district from which she is about to depart, who is hereby required
to grant the same, a copy of the report and manifest made by such
master, certified by the collector, to which copy shall be annexed a
certificate of the quantity and particulars of the merchandise which
appears to him to have been landed within his district, or of the
quantity and particulars of the merchandise which remains on board and
upon which the duties are to be paid in some other district. (R. S.,
2780.)
Within twenty-four hours after the arrival of such vessel within any
other district, the master shall make report or entry to or with the
collector of such other district, producing and showing the certified
copy of his first report, together with a certificate from each
collector of any other district within which any of the merchandise,
brought in such vessel, has been landed, of the quantity and particulars
of such merchandise as has been landed in each district respectively.
(R. S., 2781.)
The master shall, however, first give bond, with one or more sureties,
to the satisfaction of the collector of the district within which the
vessel first arrives, in a sum equal to the amount of the duties on the
residue of the merchandise, according to such estimate as the collector
shall form thereof, with condition that the residue of such merchandise
shall be duly entered and delivered in another district for which the
same has been reported to be destined. (R. S., 2782.)
The bond shall be canceled or discharged within six calendar months from
the date thereof, by the production of certificates from the collectors
of the districts for which the merchandise has been reported, showing
the due entry and delivery of the merchandise in such districts, or upon
due proof to the satisfaction of the collector by whom the bond was
taken, and to the naval officer of the port, if any, that such entry and
delivery were prevented by some unavoidable accident or casualty, and if
the whole or any part of the merchandise has not been lost, that it has
been duly entered and delivered within the United States. (R. S., 2783.)
If the master of any such vessel fails by his neglect or fault to obtain
the copy of his report from the collector of the district from which he
is about to depart, or any certificate which he ought to obtain, or
neglects to exhibit the same to the collector of any other district to
which the vessel afterward proceeds, within the time for that purpose
allowed, he shall be liable to a penalty, for every such neglect or
omission, of five hundred dollars. (R. S., 2784.)
Vessels exempt from entry.
It shall not be necessary for the master of any vessel of war, or of any
vessel employed by any prince, or state, as a public packet for the
conveyance of letters and dispatches, and not permitted by the laws of
such prince or state to be employed in the transportation of
merchandise, in the way of trade, to make report and entry. (R. S.,
2791.)
Any passenger vessel engaged triweekly or oftener in trade between ports
of the United States and foreign ports shall be exempt from entrance and
clearance fees and tonnage taxes while such service triweekly or oftener
is maintained. (May 28, 1908.)
Sea-stores.
In order to ascertain what articles ought to be exempt from duty as the
sea-stores of a vessel, the master shall particularly specify the
articles, in the report or manifest to be by him made, designating them
as the sea-stores of such vessel; and in the oath to be taken by such
master, on making such report, he shall declare that the articles so
specified as sea-stores are truly such, and are not intended by way of
merchandise or for sale; whereupon the articles shall be free from duty.
(R. S., 2795.)
Whenever it appears to the collector to whom a report and manifest of
sea-stores are delivered, together with the naval officer, where there
is one, or alone, where there is no naval officer, that the quantities
of the articles, or any part thereof, reported as sea-stores, are
excessive, the collector, jointly with the naval officer, or alone, as
the case may be, may in his discretion estimate the amount of the duty
on such excess; which shall be forthwith paid by the master, to the
collector, on pain of forfeiting the value of such excess. (R. S., 2796.)
If any other or greater quantity of articles are found on board such
vessel as sea-stores than are specified in an entry of sea-stores, or if
any of the articles are landed without a permit first obtained from the
collector, and naval officer if any, for that purpose, all such articles
as are not included in the report or manifest by the master, and all
which are landed without a permit, shall be forfeited, and may be
seized; and the master shall moreover be liable to a penalty of treble
the value of the articles omitted or landed. (R. S., 2797.)
Sea-stores and the legitimate equipment of vessels belonging to regular
lines plying between foreign ports and the United States delayed in port
for any cause may be transferred in such port of the United States under
the supervision of the customs officers from one vessel to another
vessel of the same owner without payment of duties, but duties must be
paid on such stores or equipments landed for consumption, except
American products. (Mar. 3, 1897; sec. 17.)
Coal.
The master of any vessel propelled by steam, arriving at any port in the
United States, may retain all the coal such vessel may have on board at
the time of her arrival, and may proceed with such coal to a foreign
port, without being required to land the same in the United States, or
to pay any duty thereon. (R. S., 2798.)
Inspection of inward manifests by boarding officer.
Every master of any vessel laden with merchandise, and bound to any port
in the United States shall, on his arrival within four leagues of the
coast thereof, or within any of the bays, harbors, ports, rivers,
creeks, or inlets, thereof, upon demand, produce the manifests in
writing, which such master is required to have on board his vessel, to
such officer of the customs as first comes on board his vessel, for
inspection, and shall deliver to such officer true copies thereof, which
copies shall be provided and subscribed by the master, and the officer
to whom the original manifests have been produced shall certify upon the
back thereof that the same were produced, and the day and year on which
the same were so produced, and that such copies were to him delivered
and by him examined with the original manifest; and shall likewise
certify upon the back of such copies the day and year on which the same
were delivered, and shall forthwith transmit such copies to the
respective collectors of the several districts, to which the goods by
such manifests appear respectively to be consigned. (R. S., 2811.)
The master of any such vessel shall in like manner produce to the
officer of the customs who first comes on board such vessel, upon her
arrival within the limits of any collection-district in which the cargo,
or any part thereof, is intended to be discharged or landed, for his
inspection, such manifest; and shall also deliver to him true copies
thereof, such copies also to be provided and subscribed by the master,
the production of which manifests and the delivery of which copies shall
also be certified by the officer of the customs, upon the back of the
original manifests, with the particular day and year when such manifests
were produced to such officer, and when he so received the copies
thereof; and such officer is required forthwith to transmit the copies
of the manifest to the collector of the district; and the master shall
afterward deliver the original manifests so certified to the collector.
When any manifest shall be produced, upon which there shall be no
certificate from any officer of the customs as before mentioned, the
master producing the same shall be required to make oath that no officer
has applied for, and that no indorsement has taken place on, any
manifest of the cargo of such vessel. (R. S., 2812.)
The master of any such vessel shall not be required to make delivery of
more than one copy of each manifest to the officer who shall first come
on board of such vessel, within four leagues of the coast of the United
States, and one other copy to such officer as shall first come on board
within the limits of any collection-district, for which the cargo of
such vessel, or some part thereof, is destined, nor to make delivery of
any such copy to any other officer; but it shall be sufficient, in
respect to any such other officer, to exhibit, to him the original
manifest and the certificates thereupon. (R. S., 2813.)
If the master of any vessel laden with merchandise, and bound to any
port in the United States, fails upon his arrival within four leagues of
the coast thereof, or within the limits of any collection-district,
where the cargo of such vessel, or any part thereof, is intended to be
discharged, to produce such manifests, as are heretofore required, in
writing, to the proper officer upon demand therefor, or to deliver such
copies thereof, according to the directions of the preceding, sections
or if he fails to give an account of the true destination of the vessel,
which he is hereby required to do, upon request of such officer, or
gives a false account of such destination, in order to evade the
production of the manifests, the master shall for every such neglect,
refusal, or offense, be liable to a penalty of not more than five
hundred dollars. If any officer first coming on board, in each case,
shall neglect or refuse to certify on the back of such manifests the
production thereof, and the delivery of such copies respectively as are
directed to be delivered to such officer, such officer shall be liable
to a penalty of five hundred dollars. (R. S., 2814.)
The officers who may apply to the master of any such vessel, respecting
any of the provisions in the preceding sections, and who shall not
receive full satisfaction therein, are hereby required to make a return
in writing of the name of the vessel and master so offending, in any or
all of the particulars required, as soon as possible, to the collector
of the district to which such vessel shall be considered to be bound.
(R. S., 2815.)
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 vessel, to accompany the same until her arrival at
the first port of entry or delivery, in the district to which such
vessel may be destined. If the master of any vessel shall neglect or
omit to deposit a manifest as herein prescribed, or shall refuse to
receive an inspector of the customs on board, as the case requires, he
shall forfeit and pay five hundred dollars, to be recovered with cost 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 to which such vessel may be bound. If, however, the
manifest shall, in either of the above cases, have been previously
delivered to any officer of the customs, pursuant to the provisions
hereinafter made in that behalf, the depositing of a manifest shall not
be necessary. (R. S., 2834; Mar. 3, 1897; sec. 15.)
Entry of merchandise for different port of destination.
The importer, or his agent, may enter merchandise at the port of entry
for the collection-district into which it is to be imported in the usual
manner; and the collector shall grant a permit for the landing thereof,
and cause the duties to be ascertained as in other cases, the goods
remaining in the custody of the collector until reshipped for the place
of destination. The collector shall certify to the surveyor at such
place the amount of such duties, which the surveyor shall enter on the
margin of the bond given to secure the same; and the merchandise shall
be delivered by the collector to the agent of the importer or consignee,
duly authorized to receive the same, for shipment to the place of
destination. (R. S., 2826.)
The master or conductor of every vessel or vehicle in which such
merchandise shall be transported, shall, previously to departure from
the port of entry, deliver to the collector duplicate manifests of such
merchandise, specifying the marks and numbers of every case, bag, box,
chest, or package, containing the same, with the name and place of
residence of every importer or consignee of such merchandise, and the
quantity shipped to each, to be by him subscribed, and to the truth of
which he shall swear, and that the merchandise has been received on
board his vessel or vehicle, stating the name of the agent who shipped
the same; and the collector shall certify the facts, on the manifests,
one of which he shall return to the master, with a permit thereto
annexed, authorizing him to proceed to the place of his destination. (R.
S., 2827.)
If any vessel or vehicle having such merchandise on board shall depart
from the port of entry without having complied with the provisions of
the preceding section, the master or conductor thereof shall be liable
to a penalty of five hundred dollars. (R. S., 2828.)
Comparison of cargo and manifest.
The surveyor at the port of delivery shall cause the casks, bags, boxes,
chests, or packages, to be inspected, and compared with the manifests,
and the same being identified he shall grant a permit for unloading the
same, or such part thereof as the master or conductor shall request; and
when a part only of such merchandise is intended to be landed the
surveyor shall make an indorsement on the back of the manifests,
designating such part, specifying the articles to be landed, and shall
return the manifests to the master or conductor, indorsing thereon his
permission to such vessel or vehicle to proceed to the place of its
destination. (R. S., 2830.)
Illegal unlading.
If after the arrival of any vessel laden with merchandise and bound to
the United States, within the limits of any collection-district, or
within four leagues of the coast, any part of the cargo of such vessel
shall be unladen, for any purpose whatever, before such vessel has come
to the proper place for the discharge of her cargo, or some part
thereof, and has been there duly authorized by the proper officer of the
customs to unlade the same, the master of such vessel and the mate, or
other person next in command, shall respectively be liable to a penalty
of one thousand dollars for each such offense, and the merchandise so
unladen shall be forfeited, except in case of some unavoidable accident,
necessity, or distress of weather. In case of such unavoidable accident,
necessity, or distress, the master of such vessel shall give notice to,
and, together with two or more of the officers or mariners on board such
vessel, of whom the mate or other person next in command shall be one,
shall make proof upon oath before the collector, or other chief officer
of the customs of the district, within the limits of which such
accident, necessity, of distress happened, or before the collector, or
other chief officer to the collection-district, within the limits of
which such vessel shall first afterward arrive, if the accident,
necessity, or distress happened not within the limits of any district,
but within four leagues of the coast of the United States. The
collector, or other chief officer, is hereby authorized and required to
administer such oath. (R. S., 2867.)
If any merchandise, so unladen from on board any such vessel, shall be
put or received into any other vessel, except in the case of such
accident, necessity, or distress, to be so notified and proved, the
master of any such vessel into which the merchandise shall be so put and
received, and every other person aiding and assisting therein, shall be
liable to a penalty of treble the value of the merchandise, and the
vessel in which they shall be so put shall be forfeited. (R. S., 2868.)
Special permit to unlade by night and preliminary entry.
Upon arrival at any port in the United States of any vessel or other
conveyance from a foreign port or place, either directly or by way of
another port in the United States, or upon such arrival from another
port in the United States of any vessel or other conveyance belonging to
a line designated by the Secretary of the Treasury as a common carrier
of bonded merchandise, and, after due report and entry of such vessel in
accordance with existing law or due report, under such regulations as
the Secretary of the Treasury may prescribe, of the arrival of such
other conveyances, the collector of customs, with the concurrence of the
naval officer at ports where there is a naval officer, shall grant, upon
proper application therefor, a special license to lade or unlade the
cargo of any such vessel or other conveyance at night; that is to say,
between sunset and sunrise. (Sec. 1.)
The master of any vessel from a foreign port or place, upon arrival
within a customs collection district of the United States, bound to a
port of entry in such district, may make preliminary entry of the vessel
by making oath or affirmation to the truth of the statements contained
in his original manifest and delivering his said original manifest to
the customs officer who shall board such vessel within such district,
with a copy of said original manifest for the use of the naval officer
at ports where there is a naval officer; whereupon, upon arrival at the
wharf or place of discharge, the lading or unlading of the cargo of such
vessel may proceed, by both day and night, under such regulations as the
Secretary of the Treasury may prescribe. (Sec. 2.)
Before any such special license to lade or unlade at night shall be
granted and before any permit shall be issued for the immediate lading
or unlading of any such vessel after preliminary entry, as hereinbefore
provided, either by day or by night the master, owner, agent, or
consignee of such vessel or other conveyance shall make proper
application therefor and shall at the same time execute and deliver to
the United States, through the collector of customs, a good and
sufficient bond, in a penal sum to be approved by the said collector,
conditioned to indemnify and save the United States harmless from any
and all losses and liabilities which may occur or be occasioned by
reason of the granting of such special license or the issuing or
granting of such permit for immediate lading or unlading; or the master,
owner, agent, consignee, or probable consignee, as aforesaid, may
execute and deliver to the United States, in like manner and form, a
good and sufficient bond, in the panel sum of fifty thousand dollars,
conditioned to indemnify and save the United States harmless from any
and all losses and liabilities which may occur or be occasioned by
reason of the granting of such special licenses and the issuing or
granting of such permits for immediate lading or unlading by day and
night during a period of six months. (Sec. 3.)
Such application having been duly made and the required bond having been
duly executed and delivered, special license or licenses to lade or
unlade at night after regular entry of vessels, and due report of other
conveyances, may be granted, and a permit or permits may be issued for
the immediate lading and unlading, by day and night, of vessels admitted
to preliminary entry, or of other conveyances of which due report of
arrival has been made: _Provided_, That the provisions of this Act shall
extend and be applicable to any vessels or other conveyances bound to a
port of entry in the United States to be unladen at a port of delivery
or to be unladen at a place of discharge designated by the Secretary of
the Treasury under the provisions of section twenty-seven hundred and
seventy-six of the Revised Statutes as amended: _Provided further_, That
when preliminary entry of a vessel shall be made by the master as herein
provided he shall not be relieved from making due report and entry of
his vessel at the custom-house in accordance with existing law, and any
liability of the master or owner of any such vessel to the owner or
consignee of any merchandise landed from her shall not be affected by
the granting of such special license, but such liability shall continue
until the merchandise is properly removed from the dock whereon the same
may be landed. (Sec. 4.)
The Secretary of the Treasury shall fix a reasonable rate of extra
compensation for night services of inspectors, storekeepers, weighers
and other customs officers and employees in connection with the lading
or unlading of cargo at night, or the lading at night of cargo or
merchandise for transportation in bond or for exportation in bond, or
for the exportation with benefit of drawback, but such rate of
compensation shall not exceed an amount equal to double the rate of
compensation allowed to each such officer or employee for like services
rendered by day, the said extra compensation to be paid by the master,
owner, agent, or consignee of such vessel or other conveyance, whenever
such special license or permit for immediate lading or unlading or for
lading or unlading at night or on Sundays or holidays shall be granted,
to the collector of customs, who shall pay the same to the several
customs officers and employees entitled thereto according to the rates
fixed therefor by the Secretary of the Treasury. Customs officers acting
as boarding officers, and any customs officer who may be designated for
that purpose by the collector of customs, and hereby authorized to
administer the oath or affirmation herein provided for, and such
boarding officers shall be allowed extra compensation for services in
boarding vessels at night or on Sundays or holidays—at the rate
prescribed by the Secretary of the Treasury as herein provided, the said
extra compensation to be paid by the master, owner, agent, or consignee
of such vessels. (R. S., 2871; June 30, 1906; Feb. 13, 1911; sec. 5.)
Unlading by day.
Except as authorized by the preceding section, no merchandise brought in
any vessel from any foreign port shall be unladen or delivered from such
vessel within the United States but in open day—that is to say, between
the rising and the setting of the sun—except by special license from the
collector of the port, and naval officer of the same, where there is
one, for that purpose, nor at any time without a permit from the
collector, and naval officer, if any, for such unlading or delivery. (R.
S., 2872.)
When the license to unload between the setting and rising of the sun is
granted to a sailing vessel under this section, a fixed, uniform, and
reasonable compensation may be allowed to the inspector or inspectors
for service between the setting and rising of the sun, under such
regulations as the Secretary of the Treasury may prescribe, to be
received by the collector from the master, owner, or consignee of the
vessel, and to be paid by him to the inspector or inspectors. (June 26,
1884; sec. 25.)
If any merchandise shall be unladen or delivered from any vessel
contrary to the preceding section, the master of such vessel, and every
other person who shall knowingly be concerned, or aiding therein, or in
removing, storing, or otherwise securing such merchandise, shall each be
liable to a penalty of four hundred dollars for each offense, and shall
be disabled from holding any office of trust or profit under the United
States, for a term not exceeding seven years; and the collector of the
district shall advertise the name of such person in a newspaper printed
in the State in which he resides, within twenty days after each
respective conviction. (R. S., 2873.)
All merchandise, so unladen or delivered contrary to the provisions of
section twenty-eight hundred and seventy-two, shall become forfeited,
and may be seized by any of the officers of the customs; and where the
value thereof, according to the highest market price of the same, at the
port or district where landed, shall amount to four hundred dollars, the
vessel, tackle, apparel, and furniture shall be subject to like
forfeiture and seizure. (R. S., 2874.)
Supervision of unlading.
The collector of any district at which any vessel arrives, immediately
on her first coming within such district, or the surveyor of any port
where such vessel is, may put and keep on board such vessel, while
remaining within such district, or in going from one district to
another, one or more inspectors to examine the cargo or contents of such
vessel, and to superintend the delivery thereof, or of so much thereof
as shall be delivered within the United States, and to perform such
other duties according to law, as they shall be directed by the
collector, or surveyor, to perform for the better securing the
collection of the duties. Only collectors shall have power, however, to
put inspectors on board vessels to go from one district to another. (R.
S., 2875.)
The inspector shall make known to the master of such vessel the duties
he is to perform; and shall suffer no merchandise to be unladen, or
otherwise removed from such vessel, without a permit in writing from the
collector of the port, and naval officer thereof, if any. The inspector
shall enter in a book, to be by him kept according to such a form as
shall be prescribed or approved by the collector, the name of the person
in whose behalf such permits are granted, together with the particulars
therein specified, and the marks, numbers, kinds, and description of the
respective packages which shall be unladen pursuant thereto, and shall
keep a like account in the book of all merchandise which, not having
been entered within the time limited by this Title [R. S., 2517-3129],
or for some other cause, has been sent to the store or warehouse
provided for the reception of such merchandise; such book shall be
delivered to the surveyor in the month of January in every year for his
inspection, and immediately after such inspection be transmitted by the
surveyor, with such observations as he may think necessary thereon, to
the collector, to be deposited in his office. (R. S., 2876.)
The inspector shall attend to the delivery of the cargo under his care,
at all times when the unlading or delivery of merchandise is lawful,
particularly from the rising to the setting of the sun on each day,
Sundays and the fourth day of July in each year excepted; for which
purpose he shall constantly attend and remain on board the vessel, the
deliveries from which he is to superintend, or at any other station
where his inspection is necessary. The inspector shall not quit such
station or place without the leave of the surveyor of the port first
obtained, who shall appoint another inspector, if he deems it necessary,
to supply the place of such inspector during his absence; and any
inspector who shall neglect or in any manner act contrary to the duties
hereby enjoined, shall for the first offense be liable to a penalty of
the sum of fifty dollars, and for the second offense shall be displaced,
and be incapable of holding any station of trust or profit under the
revenue laws of the United States, for a term not exceeding seven years.
(R. S., 2877.)
No inspector shall perform any other duties or service on board any
vessel, the superintendence of which is committed to him for any person
whatever, other than what is required by this Title [R. S., 2517-3129],
under the penalty of being disabled from acting any longer as an
inspector of the customs; the wages or compensation of such inspector as
may proceed from one district to another, shall be defrayed by the
master of the vessel committed to his care; every inspector or other
officer of the revenue, while performing any duty on board any vessel,
not in a port of the United States, discharging her cargo, shall be
entitled to receive from the master of such vessel such provisions and
accommodations as are usually supplied to passengers, or as the state
and condition of such vessel will admit, on receiving therefor fifty
cents a day; and any master of any vessel who shall refuse such
provisions and reasonable accommodations shall be liable to a penalty of
one hundred dollars. (R. S., 2878.)
If, by reason of the delivery of the cargo in several districts, more
than the term allowed by law shall in the whole be spent therein, the
wages or compensation of the inspector who may be employed on board of
any vessel, in respect to which such term may be so exceeded, shall, for
every day of such excess, be paid by the master or owner; and the
inspector shall, previously to the clearance of the vessel, render an
exact account to the collector of all such compensation as has been
paid, or is due and payable by the master or owner. (R. S., 2879.)
The inspector who may be put on board of any vessel shall secure, after
sunset in each evening, or previous to his quitting the vessel, the
hatches and other communications with the hold of such vessel, or any
other part thereof he may judge necessary, with locks or other proper
fastenings, which locks or other fastenings shall not be opened, broken,
or removed until the morning following, or after the rising of the sun,
and in the presence of the inspector by whom the same were affixed,
except by special license from the collector of the port, and the naval
officer, if any, first obtained. If the locks or other fastenings, or
any of them, are broken or removed contrary to this section, or, if any
merchandise or packages are clandestinely landed, notice thereof shall
be immediately given by the inspector to the collector and naval
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. (R. S., 3070.)
Merchandise shall not be entered or delivered from 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 commerce 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 customs and navigation laws. (See Appendix A.)
(Executive order; Mar. 3, 1913.)
Limit of time for unlading.
Whenever any merchandise shall be imported into any 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 certificate or receipt shall be granted. (R.
S., 2880; May 9, 1896.)
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. (R. S., 2881; June 3, 1892; sec. 2.)
All merchandise of which the collector shall take possession 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. (R. S., 2969.)
Post entry.
If any package whatever which has been so reported is 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 manifest 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. (R. S., 2887.)
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. (R. S., 2888.)
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. (R. S., 2889.)
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
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.
(R. S., 2891.)
All merchandise so unladen from any vessel arriving in 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. (R. S., 2892.)
In case the delivery of the cargo does not agree with the 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. (R. S., 2893.)
The merchandise, or the remainder thereof, which shall 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. (R. S., 2894.)
Obstruction by ice.
When a vessel is prevented by ice from getting to the port or place at
which her cargo is intended to be delivered, 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
arrived at the port of her destination, and had there proceeded to the
delivery of her cargo. (R. S., 2896.)
Salvage of merchandise.
All merchandise imported into the United States shall, for the purpose
of this title [R. S., 2517-3129] be deemed and held to be the property
of the person to whom the merchandise may be consigned; but the holder
of any bill of lading consigned to order and endorsed by the consignor
shall be deemed the consignee thereof.
And in case of the abandonment of any merchandise to the underwriters,
the latter may be recognized as the consignee, and under such
regulations as the Secretary of the Treasury may prescribe, merchandise
saved from a vessel wrecked or abandoned at sea, or on or along the
coasts of the United States and promptly brought into a port of the
United States by or in possession of the salvors of the same, can, for
the purpose of its title, be regarded as the property of such salvors,
and the valuation thereof and payment of duties thereon can be made
accordingly and with due reference to the condition of said merchandise
as thus saved and the necessities of the case:
_Provided, however_, That such bringing in by salvors shall be in good
faith and without intent to evade the just payment of duty:
_And provided further_, That nothing herein contained shall be so
construed as to prejudice in any other respect the rights of property,
or of or through abandonment or allowance of the owner or any other
person interested in said merchandise. (R. S., 3058; Feb. 23, 1887.)
Fraudulent importation of merchandise.
If any person shall fraudulently or knowingly import or bring into the
United States, or assist in so doing any merchandise, contrary to law,
or shall receive, conceal, buy, sell, or in any manner facilitate the
transportation, concealment, or sale of such merchandise after
importation, knowing the same to have been imported contrary to law,
such merchandise shall be forfeited and the offender shall be fined in
any sum not exceeding five thousand dollars nor less than fifty dollars,
or be imprisoned for any time not exceeding two years, or both.
Whenever, on trial for a violation of this section, the defendant is
shown to have or to have had possession of such goods, such possession
shall be deemed evidence sufficient to authorize conviction, unless the
defendant shall explain the possession to the satisfaction of the jury.
(R. S., 3082.)
Bribery and solicitation of bribes.
Any person who shall give, or offer to give or promise to give any money
or thing of value, directly or indirectly, to any officer or employee of
the United States in consideration of or for any act or omission
contrary to law in connection with or pertaining to the importation,
appraisement, entry, examination, or inspection of goods, wares, or
merchandise, including herein any baggage, or of the liquidation of the
entry thereof, or shall by threats or demands, or promises of any
character attempt to improperly influence or control any such officer or
employee of the United States as to the performance of his official
duties shall, on conviction thereof, be fined not exceeding two thousand
dollars, or be imprisoned at hard labor not more than one year, or both,
in the discretion of the court; and evidence of such giving, or
offering, or promising to give, satisfactory to the court in which such
trial is had, shall be regarded as prima facie evidence that such giving
or offering or promising was contrary to law, and shall put upon the
accused the burden of proving that such act was innocent, and not done
with an unlawful intention. (June 10, 1890; sec. 26; Oct. 3, 1913, sec.
III, AA.)
Any officer or employee of the United States who shall, excepting for
lawful duties or fees, solicit, demand, exact or receive from any
person, directly or indirectly, any money or thing of value, in
connection with or pertaining to the importation, appraisement, entry,
examination, or inspection of goods, wares, or merchandise, including
herein any baggage, or liquidation of the entry thereof, on conviction
thereof, shall be fined not exceeding five thousand dollars, or be
imprisoned at hard labor not more than two years, or both, in the
discretion of the court. And evidence of such soliciting, demanding,
exacting, or receiving, satisfactory to the court in which such trial is
had, shall be regarded as prima facie evidence that such soliciting,
demanding, exacting, or receiving was contrary to law, and shall put
upon the accused the burden of proving that such act was innocent and
not with an unlawful intention. (June 10, 1890; sec. 27; Oct. 3, 1913;
sec. III, BB.)
Liens for freight or general average.
Whenever the collector of the port of entry of the vessel, or other
proper officer of the customs, shall be duly notified in writing of the
existence of a lien for freight, charges, or contribution in general
average upon imported goods, wares, or merchandise in his custody, he
shall, before delivering such goods, wares, or merchandise to the
importer, owner, or consignee thereof for consumption, or to any vessel
or vehicle for transportation or exportation, give seasonable notice to
the party or parties claiming the lien; and the possession by the
officers of customs shall not affect the discharge of such lien, under
such regulations as the Secretary of the Treasury may prescribe; and
such officer shall refuse the delivery of such merchandise from any
public or bonded warehouse or other place in which the same shall be
deposited until proof to his satisfaction shall be produced that the
freight, charges, or contribution in general average thereon has been
paid or secured; but the rights of the United States shall not be
prejudiced thereby, nor shall the United States or its officers be in
any manner liable for losses consequent upon such refusal to deliver. If
merchandise so subject to a lien, regarding which notice has been filed,
shall be forfeited to the United States and sold, the freight, charges,
or contribution in general average due thereon shall be paid from the
proceeds of such sale in the same manner as other charges and expenses
authorized by law to be paid therefrom are paid. (R. S., 2981; May 21,
1896.)